II 

109TH CONGRESS 

2D SESSION S. 3456 

To ensure the implementation of the recommendations of the National 

Commission on Terrorist Attacks Upon the United States. 

IN THE SENATE OF THE UNITED STATES 

JUNE 6, 2006 

Mr. MENENDEZ introduced the following bill; which was read twice and 

referred to the Committee on Foreign Relations 

A BILL 

To ensure the implementation of the recommendations of 

the National Commission on Terrorist Attacks Upon the 

United States. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Ensuring Implementation of the 9/11 Commission Re6 port Act’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definition; 9/11 Commission. 


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TITLE I—HOMELAND SECURITY, EMERGENCY PREPAREDNESS 

AND RESPONSE 

Subtitle A—Emergency Preparedness and Response 

CHAPTER 1—EMERGENCY PREPAREDNESS

Sec. 101. Adequate radio spectrum for first responders. 

Sec. 102. Report on establishing a unified incident command system. 

Sec. 103. Report on completing a national critical infrastructure risk and 

vulnerabilities assessment. 

Sec. 104. Private sector preparedness. 

Sec. 105. Relevant congressional committees defined. 

CHAPTER 2—ASSISTANCE FOR FIRST RESPONDERS

Sec. 111. Short title. 

Sec. 112. Findings. 

Sec. 113. Faster and Smarter Funding for First Responders. 

Sec. 114. Superseded provision. 

Sec. 115. Oversight. 

Sec. 116. GAO report on an inventory and status of Homeland Security first 

responder training. 

Sec. 117. Removal of civil liability barriers that discourage the donation of fire 

equipment to volunteer fire companies. 

Subtitle B—Transportation Security 

Sec. 121. Report on national strategy for transportation security. 

Sec. 122. Report on airline passenger pre-screening. 

Sec. 123. Report on detection of explosives at airline screening checkpoints. 

Sec. 124. Report on comprehensive screening program. 

Sec. 125. Relevant congressional committees defined. 

Subtitle C—Border Security 

Sec. 131. Counterterrorist travel intelligence. 

Sec. 132. Comprehensive screening system. 

Sec. 133. Biometric entry and exit data system. 

Sec. 134. International collaboration on border and document security. 

Sec. 135. Standardization of secure identification. 

Sec. 136. Security enhancements for social security cards. 

TITLE II—REFORMING THE INSTITUTIONS OF GOVERNMENT 

Subtitle A—Intelligence Community 

Sec. 201. Report on director of national intelligence. 

Sec. 202. Report on national counterterrorism center. 

Sec. 203. Report on creation of a Federal Bureau of Investigation national security workforce. 

Sec. 204. Report on new missions for the Director of the Central Intelligence 

Agency. 

Sec. 205. Report on incentives for information sharing. 

Sec. 206. Report on Presidential leadership of national security institutions in 

the information revolution. 

Sec. 207. Homeland airspace defense. 


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Sec. 208. Semiannual report on plans and strategies of United States Northern 

Command for defense of the United States homeland. 

Sec. 209. Relevant congressional committees defined. 

Subtitle B—Civil Liberties and Executive Power 

Sec. 211. Report on the balance between security and civil liberties. 

Sec. 212. Privacy and civil liberties oversight board. 

Sec. 213. Set privacy guidelines for Government sharing of personal information. 

Sec. 214. Definition of relevant congressional committees for subtitle. 

Subtitle C—Homeland Security Committees 

CHAPTER 1—HOMELAND SECURITY REFORM IN THE HOUSE OF

REPRESENTATIVES

Sec. 221. Committee on Homeland Security. 

Sec. 222. Committee on Intelligence. 

Sec. 223. Subcommittee limitation on Committee on Appropriations. 

Sec. 224. Membership on Committee on Appropriations. 

Sec. 225. Conforming amendments. 

CHAPTER 2—HOMELAND SECURITY OVERSIGHT REFORM IN THE SENATE

SUBCHAPTER A—HOMELAND SECURITY

Sec. 231. Homeland Security. 

SUBCHAPTER B—INTELLIGENCE OVERSIGHT REFORM

Sec. 241. Intelligence oversight. 

SUBCHAPTER C—COMMITTEE STATUS

Sec. 251. Committee status. 

SUBCHAPTER D—INTELLIGENCE-RELATED SUBCOMMITTEES

Sec. 261. Subcommittee related to intelligence oversight. 

Sec. 262. Subcommittee related to intelligence appropriations. 

CHAPTER 3—EFFECTIVE DATE

Sec. 271. Effective date. 

Subtitle D—Declassification of Overall Intelligence Budget 

Sec. 281. Availability to public of certain intelligence funding information. 

Subtitle E—Standardize Security Clearances 

Sec. 282. Standardization of security clearances. 

TITLE III—FOREIGN POLICY, PUBLIC DIPLOMACY, AND 

NONPROLIFERATION 

Subtitle A—Foreign Policy 

Sec. 301. Actions to ensure a long-term commitment to Afghanistan. 

Sec. 302. Actions to support Pakistan against extremists. 


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Sec. 303. Actions to support reform in Saudi Arabia. 

Sec. 304. Elimination of terrorist sanctuaries. 

Sec. 305. Comprehensive coalition strategy against Islamist terrorism. 

Sec. 306. Standards for the detention and humane treatment of captured terrorists. 

Sec. 307. Use of economic policies to combat terrorism. 

Sec. 308. Actions to ensure vigorous efforts against terrorist financing. 

Subtitle B—Public Diplomacy 

Sec. 311. Public diplomacy responsibilities of the Department of State and public diplomacy training of members of the Foreign Service. 

Sec. 312. International broadcasting. 

Sec. 313. Expansion of United States scholarship, exchange, and library programs in the Islamic world. 

Sec. 314. International Youth Opportunity Fund. 

Subtitle C—Nonproliferation 

Sec. 321. Short title. 

Sec. 322. Findings. 

Sec. 323. Establishment of Office of Nonproliferation Programs in the Executive Office of the President. 

Sec. 324. Removal of restrictions on Cooperative Threat Reduction programs. 

Sec. 325. Removal of restrictions on Department of Energy nonproliferation 

programs. 

Sec. 326. Modifications of authority to use Cooperative Threat Reduction program funds outside the former Soviet Union. 

Sec. 327. Modifications of authority to use International Nuclear Materials 

Protection and Cooperation program funds outside the former 

Soviet Union. 

Sec. 328. Special reports on adherence to arms control agreements and nonproliferation commitments. 

Sec. 329. Presidential report on impediments to certain nonproliferation activities. 

Sec. 330. Enhancement of Global Threat Reduction Initiative. 

Sec. 331. Expansion of Proliferation Security Initiative. 

Sec. 332. Sense of Congress relating to international security standards for nuclear weapons and materials. 

Sec. 333. Authorization of appropriations relating to inventory of Russian tactical nuclear warheads and data exchanges. 

Sec. 334. Report on accounting for and securing of Russia’s non-strategic nuclear weapons. 

Sec. 335. Research and development involving alternative use of weapons of 

mass destruction expertise. 

Sec. 336. Strengthening the Nuclear Nonproliferation Treaty. 

Sec. 337. Definitions. 

1 SEC. 2. DEFINITION; 9/11 COMMISSION. 

2 In this Act, the term ‘‘9/11 Commission’’ means the 

3 National Commission on Terrorist Attacks Upon the 

4 United States. 


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1 TITLE I—HOMELAND SECURITY, 

2 EMERGENCY PREPAREDNESS 

3 AND RESPONSE 

4 Subtitle A—Emergency 

5 Preparedness and Response 

6 CHAPTER 1—EMERGENCY 

7 PREPAREDNESS 

8 SEC. 101. ADEQUATE RADIO SPECTRUM FOR FIRST RE9 SPONDERS. 

10 (a) SHORT TITLE.—This chapter may be cited as the 

11 ‘‘Homeland Emergency Response Operations Act’’ or the 

12 ‘‘HERO Act’’. 

13 (b) PREVENTION OF DELAY IN REASSIGNMENT OF

14 24 MEGAHERTZ FOR PUBLIC SAFETY PURPOSES.—Sec15 tion 309(j)(14) of the Communications Act of 1934 (47 

16 U.S.C. 309(j)(14)) is amended by adding at the end the 

17 following new subparagraph: 

18 ‘‘(E) EXTENSIONS NOT PERMITTED FOR

19 CHANNELS (63, 64, 68 AND 69) REASSIGNED FOR

20 PUBLIC SAFETY SERVICES.—Notwithstanding 

21 subparagraph (B), the Commission shall not 

22 grant any extension under such subparagraph 

23 from the limitation of subparagraph (A) with 

24 respect to the frequencies assigned, pursuant to 

25 section 337(a)(1), for public safety services. 


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1 The Commission shall take all actions necessary 

2 to complete assignment of the electromagnetic 

3 spectrum between 764 and 776 megahertz, in4 clusive, and between 794 and 806 megahertz, 

5 inclusive, for public safety services and to per6 mit operations by public safety services on those 

7 frequencies commencing no later than January 

8 1, 2007.’’. 

9 SEC. 102. REPORT ON ESTABLISHING A UNIFIED INCIDENT 

10 COMMAND SYSTEM. 

11 (a) REPORT; CERTIFICATION.—Not later than 30 

12 days after the date of the enactment of this Act, and every 

13 30 days thereafter, the Secretary of Homeland Security 

14 shall submit to the relevant congressional committees a 

15 report on the recommendations of the 9/11 Commission 

16 and the policy goals of the Intelligence Reform and Ter17 rorism Prevention Act of 2004 (Public Law 108–458) 

18 with respect to establishing a unified incident command 

19 system. Such report shall include— 

20 (1) a certification by the Secretary of Home21 land Security that such recommendations have been 

22 implemented and such policy goals have been 

23 achieved; or 


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1 (2) if the Secretary of Homeland Security is 

2 unable to make the certification described in para3 graph (1), a description of— 

4 (A) the steps taken to implement such rec5 ommendations and achieve such policy goals; 

6 (B) when the Secretary of Homeland Secu7 rity expects such recommendations to be imple8 mented and such policy goals to be achieved; 

9 and 

10 (C) any allocation of resources or other ac11 tions by Congress the Director considers nec12 essary to implement such recommendations and 

13 achieve such policy goals. 

14 (b) TERMINATION OF DUTY TO REPORT.—The duty 

15 to submit a report under subsection (a) shall terminate 

16 when the Secretary of Homeland Security submits a cer17 tification pursuant to subsection (a)(1). 

18 (c) GAO REVIEW OF CERTIFICATION.—If the Sec19 retary of Homeland Security submits a certification pursu20 ant to subsection (a)(1), not later than 30 days after the 

21 submission of such certification, the Comptroller General 

22 shall submit to the relevant congressional committees a 

23 report on whether the recommendations described in sub24 section (a) have been implemented and whether the policy 

25 goals described in subsection (a) have been achieved. 


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1 SEC. 103. REPORT ON COMPLETING A NATIONAL CRITICAL 

2 INFRASTRUCTURE RISK AND 

3 VULNERABILITIES ASSESSMENT. 

4 (a) REPORT; CERTIFICATION.—Not later than 30 

5 days after the date of the enactment of this Act, and every 

6 30 days thereafter, the Secretary of Homeland Security 

7 shall submit to the relevant congressional committees a 

8 report on the recommendations of the 9/11 Commission 

9 and the policy goals of the Intelligence Reform and Ter10 rorism Prevention Act of 2004 (Public Law 108–458) 

11 with respect to completing a national critical infrastruc12 ture risk and vulnerabilities assessment. Such report shall 

13 include— 

14 (1) a certification by the Secretary of Home15 land Security that such recommendations have been 

16 implemented and such policy goals have been 

17 achieved; or 

18 (2) if the Secretary of Homeland Security is 

19 unable to make the certification described in para20 graph (1), a description of— 

21 (A) the steps taken to implement such rec22 ommendations and achieve such policy goals; 

23 (B) when the Secretary of Homeland Secu24 rity expects such recommendations to be imple25 mented and such policy goals to be achieved; 

26 and 


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1 (C) any allocation of resources or other ac2 tions by Congress the Director considers nec3 essary to implement such recommendations and 

4 achieve such policy goals. 

5 (b) TERMINATION OF DUTY TO REPORT.—The duty 

6 to submit a report under subsection (a) shall terminate 

7 when the Secretary of Homeland Security submits a cer8 tification pursuant to subsection (a)(1). 

9 (c) GAO REVIEW OF CERTIFICATION.—If the Sec10 retary of Homeland Security submits a certification pursu11 ant to subsection (a)(1), not later than 30 days after the 

12 submission of such certification, the Comptroller General 

13 shall submit to the relevant congressional committees a 

14 report on whether the recommendations described in sub15 section (a) have been implemented and whether the policy 

16 goals described in subsection (a) have been achieved. 

17 SEC. 104. PRIVATE SECTOR PREPAREDNESS. 

18 The Comptroller General of the United States shall 

19 submit to the Congress by not later than 90 days after 

20 the date of the enactment of this Act— 

21 (1) a determination of what has been done to 

22 enhance private sector preparedness for terrorist at23 tack; and 


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1 (2) recommendations of any additional congres2 sional action or administrative action that is nec3 essary to enhance such preparedness. 

4 SEC. 105. RELEVANT CONGRESSIONAL COMMITTEES DE5 FINED. 

6 In this chapter, the term ‘‘relevant congressional 

7 committees’’ means the Committee on Homeland Security, 

8 the Committee on Government Reform, and the Com9 mittee on Transportation and Infrastructure of the House 

10 of Representatives and the Committee on Homeland Secu11 rity and Government Affairs and the Committee on Envi12 ronment and Public Works of the Senate. 

13 CHAPTER 2—ASSISTANCE FOR FIRST 

14 RESPONDERS 

15 SEC. 111. SHORT TITLE. 

16 This chapter may be cited as the ‘‘Faster and Smart17 er Funding for First Responders Act of 2005’’. 

18 SEC. 112. FINDINGS. 

19 The Congress finds the following: 

20 (1) In order to achieve its objective of pre21 venting, minimizing the damage from, and assisting 

22 in the recovery from terrorist attacks, the Depart23 ment of Homeland Security must play a leading role 

24 in assisting communities to reach the level of preVerDate Aug 31 2005 02:14 Jun 10, 2006 Jkt 049200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S3456.IS S3456

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1 paredness they need to prevent and respond to a ter2 rorist attack. 

3 (2) First responder funding is not reaching the 

4 men and women of our Nation’s first response teams 

5 quickly enough, and sometimes not at all. 

6 (3) To reform the current bureaucratic process 

7 so that homeland security dollars reach the first re8 sponders who need it most, it is necessary to clarify 

9 and consolidate the authority and procedures of the 

10 Department of Homeland Security that support first 

11 responders. 

12 (4) Ensuring adequate resources for the new 

13 national mission of homeland security, without de14 grading the ability to address effectively other types 

15 of major disasters and emergencies, requires a dis16 crete and separate grant making process for home17 land security funds for first response to terrorist 

18 acts, on the one hand, and for first responder pro19 grams designed to meet pre-September 11 priorities, 

20 on the other. 

21 (5) While a discrete homeland security grant 

22 making process is necessary to ensure proper focus 

23 on the unique aspects of terrorism preparedness, it 

24 is essential that State and local strategies for uti25 lizing such grants be integrated, to the greatest exVerDate Aug 31 2005 02:14 Jun 10, 2006 Jkt 049200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S3456.IS S3456

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1 tent practicable, with existing State and local emer2 gency management plans. 

3 (6) Homeland security grants to first respond4 ers must be based on the best intelligence con5 cerning the capabilities and intentions of our ter6 rorist enemies, and that intelligence must be used to 

7 target resources to the Nation’s greatest threats, 

8 vulnerabilities, and consequences. 

9 (7) The Nation’s first response capabilities will 

10 be improved by sharing resources, training, plan11 ning, personnel, and equipment among neighboring 

12 jurisdictions through mutual aid agreements and re13 gional cooperation. Such regional cooperation should 

14 be supported, where appropriate, through direct 

15 grants from the Department of Homeland Security. 

16 (8) An essential prerequisite to achieving the 

17 Nation’s homeland security objectives for first re18 sponders is the establishment of well-defined na19 tional goals for terrorism preparedness. These goals 

20 should delineate the essential capabilities that every 

21 jurisdiction in the United States should possess or 

22 to which it should have access. 

23 (9) A national determination of essential capa24 bilities is needed to identify levels of State and local 

25 government terrorism preparedness, to determine 


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1 the nature and extent of State and local first re2 sponder needs, to identify the human and financial 

3 resources required to fulfill them, to direct funding 

4 to meet those needs, and to measure preparedness 

5 levels on a national scale. 

6 (10) To facilitate progress in achieving, main7 taining, and enhancing essential capabilities for 

8 State and local first responders, the Department of 

9 Homeland Security should seek to allocate homeland 

10 security funding for first responders to meet nation11 wide needs. 

12 (11) Private sector resources and citizen volun13 teers can perform critical functions in assisting in 

14 preventing and responding to terrorist attacks, and 

15 should be integrated into State and local planning 

16 efforts to ensure that their capabilities and roles are 

17 understood, so as to provide enhanced State and 

18 local operational capability and surge capacity. 

19 (12) Public-private partnerships, such as the 

20 partnerships between the Business Executives for 

21 National Security and the States of New Jersey and 

22 Georgia, can be useful to identify and coordinate pri23 vate sector support for State and local first respond24 ers. Such models should be expanded to cover all 

25 States and territories. 


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1 (13) An important aspect of terrorism pre2 paredness is measurability, so that it is possible to 

3 determine how prepared a State or local government 

4 is now, and what additional steps it needs to take, 

5 in order to prevent, prepare for, respond to, mitigate 

6 against, and recover from acts of terrorism. 

7 (14) The Department of Homeland Security 

8 should establish, publish, and regularly update na9 tional voluntary consensus standards for both equip10 ment and training, in cooperation with both public 

11 and private sector standard setting organizations, to 

12 assist State and local governments in obtaining the 

13 equipment and training to attain the essential capa14 bilities for first response to acts of terrorism, and to 

15 ensure that first responder funds are spent wisely. 

16 SEC. 113. FASTER AND SMARTER FUNDING FOR FIRST RE17 SPONDERS. 

18 (a) IN GENERAL.—The Homeland Security Act of 

19 2002 (Public Law 107–296; 6 U.S.C. 361 et seq.) is 

20 amended— 

21 (1) in section 1(b) in the table of contents by 

22 adding at the end the following: 

‘‘TITLE XVIII—FUNDING FOR FIRST RESPONDERS 

‘‘Sec. 1801. Definitions. 

‘‘Sec. 1802. Faster and Smarter Funding for First Responders. 

‘‘Sec. 1803. Covered grant eligibility and criteria. 

‘‘Sec. 1804. Risk-based evaluation and prioritization. 

‘‘Sec. 1805. Task Force on Terrorism Preparedness for First Responders. 


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‘‘Sec. 1806. Use of funds and accountability requirements. 

‘‘Sec. 1807. National standards for first responder equipment and training.’’. 

1 (2) by adding at the end the following: 

2 ‘‘TITLE XVIII—FUNDING FOR 

3 FIRST RESPONDERS 

4 ‘‘SEC. 1801. DEFINITIONS. 

5 ‘‘In this title: 

6 ‘‘(1) BOARD.—The term ‘Board’ means the 

7 First Responder Grants Board established under 

8 section 1804. 

9 ‘‘(2) COVERED GRANT.—The term ‘covered 

10 grant’ means any grant to which this title applies 

11 under section 1802. 

12 ‘‘(3) DIRECTLY ELIGIBLE TRIBE.—The term 

13 ‘directly eligible tribe’ means any Indian tribe or 

14 consortium of Indian tribes that— 

15 ‘‘(A) meets the criteria for inclusion in the 

16 qualified applicant pool for Self-Governance 

17 that are set forth in section 402(c) of the In18 dian Self-Determination and Education Assist19 ance Act (25 U.S.C. 458bb(c)); 

20 ‘‘(B) employs at least 10 full-time per21 sonnel in a law enforcement or emergency re22 sponse agency with the capacity to respond to 

23 calls for law enforcement or emergency services; 

24 and 


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1 ‘‘(C)(i) is located on, or within 5 miles of, 

2 an international border or waterway; 

3 ‘‘(ii) is located within 5 miles of a facility 

4 designated as high-risk critical infrastructure 

5 by the Secretary; 

6 ‘‘(iii) is located within or contiguous to one 

7 of the 50 largest metropolitan statistical areas 

8 in the United States; or 

9 ‘‘(iv) has more than 1,000 square miles of 

10 Indian country, as that term is defined in sec11 tion 1151 of title 18, United States Code. 

12 ‘‘(4) ELEVATIONS IN THE THREAT ALERT

13 LEVEL.—The term ‘elevations in the threat alert 

14 level’ means any designation (including those that 

15 are less than national in scope) that raises the 

16 homeland security threat level to either the highest 

17 or second highest threat level under the Homeland 

18 Security Advisory System referred to in section 

19 201(d)(7). 

20 ‘‘(5) EMERGENCY PREPAREDNESS.—The term 

21 ‘emergency preparedness’ shall have the same mean22 ing that term has under section 602 of the Robert 

23 T. Stafford Disaster Relief and Emergency Assist24 ance Act (42 U.S.C. 5195a). 


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1 ‘‘(6) ESSENTIAL CAPABILITIES.—The term ‘es2 sential capabilities’ means the levels, availability, 

3 and competence of emergency personnel, planning, 

4 training, and equipment across a variety of dis5 ciplines needed to effectively and efficiently prevent, 

6 prepare for, respond to, and recover from acts of 

7 terrorism consistent with established practices. 

8 ‘‘(7) FIRST RESPONDER.—The term ‘first re9 sponder’ shall have the same meaning as the term 

10 ‘emergency response provider’. 

11 ‘‘(8) INDIAN TRIBE.—The term ‘Indian tribe’ 

12 means any Indian tribe, band, nation, or other orga13 nized group or community, including any Alaskan 

14 Native village or regional or village corporation as 

15 defined in or established pursuant to the Alaskan 

16 Native Claims Settlement Act (43 U.S.C. 1601 et 

17 seq.), which is recognized as eligible for the special 

18 programs and services provided by the United States 

19 to Indians because of their status as Indians. 

20 ‘‘(9) REGION.—The term ‘region’ means— 

21 ‘‘(A) any geographic area consisting of all 

22 or parts of 2 or more contiguous States, coun23 ties, municipalities, or other local governments 

24 that have a combined population of at least 

25 1,650,000 or have an area of not less than 


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1 20,000 square miles, and that, for purposes of 

2 an application for a covered grant, is rep3 resented by 1 or more governments or govern4 mental agencies within such geographic area, 

5 and that is established by law or by agreement 

6 of 2 or more such governments or governmental 

7 agencies in a mutual aid agreement; or 

8 ‘‘(B) any other combination of contiguous 

9 local government units (including such a com10 bination established by law or agreement of two 

11 or more governments or governmental agencies 

12 in a mutual aid agreement) that is formally cer13 tified by the Secretary as a region for purposes 

14 of this title with the consent of— 

15 ‘‘(i) the State or States in which they 

16 are located, including a multi-State entity 

17 established by a compact between two or 

18 more States; and 

19 ‘‘(ii) the incorporated municipalities, 

20 counties, and parishes that they encom21 pass. 

22 ‘‘(10) TASK FORCE.—The term ‘Task Force’ 

23 means the Task Force on Terrorism Preparedness 

24 for First Responders established under section 1805. 


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1 ‘‘(11) TERRORISM PREPAREDNESS.—The term 

2 ‘terrorism preparedness’ means any activity designed 

3 to improve the ability to prevent, prepare for, re4 spond to, mitigate against, or recover from threat5 ened or actual terrorist attacks. 

6 ‘‘SEC. 1802. FASTER AND SMARTER FUNDING FOR FIRST RE7 SPONDERS. 

8 ‘‘(a) COVERED GRANTS.—This title applies to grants 

9 provided by the Department to States, regions, or directly 

10 eligible tribes for the primary purpose of improving the 

11 ability of first responders to prevent, prepare for, respond 

12 to, mitigate against, or recover from threatened or actual 

13 terrorist attacks, especially those involving weapons of 

14 mass destruction, administered under the following: 

15 ‘‘(1) STATE HOMELAND SECURITY GRANT PRO16 GRAM.—The State Homeland Security Grant Pro17 gram of the Department, or any successor to such 

18 grant program. 

19 ‘‘(2) URBAN AREA SECURITY INITIATIVE.—The 

20 Urban Area Security Initiative of the Department, 

21 or any successor to such grant program. 

22 ‘‘(3) LAW ENFORCEMENT TERRORISM PREVEN23 TION PROGRAM.—The Law Enforcement Terrorism 

24 Prevention Program of the Department, or any suc25 cessor to such grant program. 


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1 ‘‘(b) EXCLUDED PROGRAMS.—This title does not 

2 apply to or otherwise affect the following Federal grant 

3 programs or any grant under such a program: 

4 ‘‘(1) NONDEPARTMENT PROGRAMS.—Any Fed5 eral grant program that is not administered by the 

6 Department. 

7 ‘‘(2) FIRE GRANT PROGRAMS.—The fire grant 

8 programs authorized by sections 33 and 34 of the 

9 Federal Fire Prevention and Control Act of 1974 

10 (15 U.S.C. 2229, 2229a). 

11 ‘‘(3) EMERGENCY MANAGEMENT PLANNING

12 AND ASSISTANCE ACCOUNT GRANTS.—The Emer13 gency Management Performance Grant program and 

14 the Urban Search and Rescue Grants program au15 thorized by title VI of the Robert T. Stafford Dis16 aster Relief and Emergency Assistance Act (42 

17 U.S.C. 5195 et seq.); the Departments of Veterans 

18 Affairs and Housing and Urban Development, and 

19 Independent Agencies Appropriations Act, 2000 

20 (113 Stat. 1047 et seq.); and the Earthquake Haz21 ards Reduction Act of 1977 (42 U.S.C. 7701 et 

22 seq.). 


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1 ‘‘SEC. 1803. COVERED GRANT ELIGIBILITY AND CRITERIA. 

2 ‘‘(a) GRANT ELIGIBILITY.—Any State, region, or di3 rectly eligible tribe shall be eligible to apply for a covered 

4 grant. 

5 ‘‘(b) GRANT CRITERIA.—The Secretary shall award 

6 covered grants to assist States and local governments in 

7 achieving, maintaining, and enhancing the essential capa8 bilities for terrorism preparedness established by the Sec9 retary. 

10 ‘‘(c) STATE HOMELAND SECURITY PLANS.— 

11 ‘‘(1) SUBMISSION OF PLANS.—The Secretary 

12 shall require that any State applying to the Sec13 retary for a covered grant must submit to the Sec14 retary a 3-year State homeland security plan that— 

15 ‘‘(A) describes the essential capabilities 

16 that communities within the State should pos17 sess, or to which they should have access, based 

18 upon the terrorism risk factors relevant to such 

19 communities, in order to meet the Department’s 

20 goals for terrorism preparedness; 

21 ‘‘(B) demonstrates the extent to which the 

22 State has achieved the essential capabilities 

23 that apply to the State; 

24 ‘‘(C) demonstrates the needs of the State 

25 necessary to achieve, maintain, or enhance the 

26 essential capabilities that apply to the State; 


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1 ‘‘(D) includes a prioritization of such needs 

2 based on threat, vulnerability, and consequence 

3 assessment factors applicable to the State; 

4 ‘‘(E) describes how the State intends— 

5 ‘‘(i) to address such needs at the city, 

6 county, regional, tribal, State, and inter7 state level, including a precise description 

8 of any regional structure the State has es9 tablished for the purpose of organizing 

10 homeland security preparedness activities 

11 funded by covered grants; 

12 ‘‘(ii) to use all Federal, State, and 

13 local resources available for the purpose of 

14 addressing such needs; and 

15 ‘‘(iii) to give particular emphasis to 

16 regional planning and cooperation, includ17 ing the activities of multijurisdictional 

18 planning agencies governed by local offi19 cials, both within its jurisdictional borders 

20 and with neighboring States; 

21 ‘‘(F) with respect to the emergency pre22 paredness of first responders, addresses the 

23 unique aspects of terrorism as part of a com24 prehensive State emergency management plan; 

25 and 


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1 ‘‘(G) provides for coordination of response 

2 and recovery efforts at the local level, including 

3 procedures for effective incident command in 

4 conformance with the National Incident Man5 agement System. 

6 ‘‘(2) CONSULTATION.—The State plan sub7 mitted under paragraph (1) shall be developed in 

8 consultation with and subject to appropriate com9 ment by local governments and first responders 

10 within the State. 

11 ‘‘(3) APPROVAL BY SECRETARY.—The Sec12 retary may not award any covered grant to a State 

13 unless the Secretary has approved the applicable 

14 State homeland security plan. 

15 ‘‘(4) REVISIONS.—A State may revise the appli16 cable State homeland security plan approved by the 

17 Secretary under this subsection, subject to approval 

18 of the revision by the Secretary. 

19 ‘‘(d) CONSISTENCY WITH STATE PLANS.—The Sec20 retary shall ensure that each covered grant is used to sup21 plement and support, in a consistent and coordinated 

22 manner, the applicable State homeland security plan or 

23 plans. 

24 ‘‘(e) APPLICATION FOR GRANT.— 


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1 ‘‘(1) IN GENERAL.—Except as otherwise pro2 vided in this subsection, any State, region, or di3 rectly eligible tribe may apply for a covered grant by 

4 submitting to the Secretary an application at such 

5 time, in such manner, and containing such informa6 tion as is required under this subsection, or as the 

7 Secretary may reasonably require. 

8 ‘‘(2) DEADLINES FOR APPLICATIONS AND

9 AWARDS.—All applications for covered grants must 

10 be submitted at such time as the Secretary may rea11 sonably require for the fiscal year for which they are 

12 submitted. The Secretary shall award covered grants 

13 pursuant to all approved applications for such fiscal 

14 year as soon as practicable, but not later than 

15 March 1 of such year. 

16 ‘‘(3) AVAILABILITY OF FUNDS.—All funds 

17 awarded by the Secretary under covered grants in a 

18 fiscal year shall be available for obligation through 

19 the end of the subsequent fiscal year. 

20 ‘‘(4) MINIMUM CONTENTS OF APPLICATION.— 

21 The Secretary shall require that each applicant in22 clude in its application, at a minimum— 

23 ‘‘(A) the purpose for which the applicant 

24 seeks covered grant funds and the reasons why 

25 the applicant needs the covered grant to meet 


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1 the essential capabilities for terrorism prepared2 ness within the State, region, or directly eligible 

3 tribe to which the application pertains; 

4 ‘‘(B) a description of how, by reference to 

5 the applicable State homeland security plan or 

6 plans under subsection (c), the allocation of 

7 grant funding proposed in the application, in8 cluding, where applicable, the amount not 

9 passed through under section 1806(g)(1), would 

10 assist in fulfilling the essential capabilities for 

11 terrorism preparedness specified in such plan or 

12 plans; 

13 ‘‘(C) a statement of whether a mutual aid 

14 agreement applies to the use of all or any por15 tion of the covered grant funds; 

16 ‘‘(D) if the applicant is a State, a descrip17 tion of how the State plans to allocate the cov18 ered grant funds to regions, local governments, 

19 and Indian tribes; 

20 ‘‘(E) if the applicant is a region— 

21 ‘‘(i) a precise geographical description 

22 of the region and a specification of all par23 ticipating and nonparticipating local gov24 ernments within the geographical area 

25 comprising that region; 


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1 ‘‘(ii) a specification of what govern2 mental entity within the region will admin3 ister the expenditure of funds under the 

4 covered grant; and 

5 ‘‘(iii) a designation of a specific indi6 vidual to serve as regional liaison; 

7 ‘‘(F) a capital budget showing how the ap8 plicant intends to allocate and expend the cov9 ered grant funds; 

10 ‘‘(G) if the applicant is a directly eligible 

11 tribe, a designation of a specific individual to 

12 serve as the tribal liaison; and 

13 ‘‘(H) a statement of how the applicant in14 tends to meet the matching requirement, if any, 

15 that applies under section 1806(g)(2). 

16 ‘‘(5) REGIONAL APPLICATIONS.— 

17 ‘‘(A) RELATIONSHIP TO STATE APPLICA18 TIONS.—A regional application— 

19 ‘‘(i) shall be coordinated with an ap20 plication submitted by the State or States 

21 of which such region is a part; 

22 ‘‘(ii) shall supplement and avoid dupli23 cation with such State application; and 

24 ‘‘(iii) shall address the unique regional 

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1 paredness needs beyond those provided for 

2 in the application of such State or States. 

3 ‘‘(B) STATE REVIEW AND SUBMISSION.— 

4 To ensure the consistency required under sub5 section (d) and the coordination required under 

6 subparagraph (A) of this paragraph, an appli7 cant that is a region must submit its applica8 tion to each State of which any part is included 

9 in the region for review and concurrence prior 

10 to the submission of such application to the 

11 Secretary. The regional application shall be 

12 transmitted to the Secretary through each such 

13 State within 30 days of its receipt, unless the 

14 Governor of such a State notifies the Secretary, 

15 in writing, that such regional application is in16 consistent with the State’s homeland security 

17 plan and provides an explanation of the reasons 

18 therefor. 

19 ‘‘(C) DISTRIBUTION OF REGIONAL

20 AWARDS.—If the Secretary approves a regional 

21 application, then the Secretary shall distribute 

22 a regional award to the State or States submit23 ting the applicable regional application under 

24 subparagraph (B), and each such State shall, 

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1 ginning on the date after receiving a regional 

2 award, pass through to the region all covered 

3 grant funds or resources purchased with such 

4 funds, except those funds necessary for the 

5 State to carry out its responsibilities with re6 spect to such regional application: Provided, 

7 That in no such case shall the State or States 

8 pass through to the region less than 80 percent 

9 of the regional award. 

10 ‘‘(D) CERTIFICATIONS REGARDING DIS11 TRIBUTION OF GRANT FUNDS TO REGIONS.— 

12 Any State that receives a regional award under 

13 subparagraph (C) shall certify to the Secretary, 

14 by not later than 30 days after the expiration 

15 of the period described in subparagraph (C) 

16 with respect to the grant, that the State has 

17 made available to the region the required funds 

18 and resources in accordance with subparagraph 

19 (C). 

20 ‘‘(E) DIRECT PAYMENTS TO REGIONS.—If 

21 any State fails to pass through a regional 

22 award to a region as required by subparagraph 

23 (C) within 45 days after receiving such award 

24 and does not request or receive an extension of 

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1 gion may petition the Secretary to receive di2 rectly the portion of the regional award that is 

3 required to be passed through to such region 

4 under subparagraph (C). 

5 ‘‘(F) REGIONAL LIAISONS.—A regional li6 aison designated under paragraph (4)(E)(iii) 

7 shall— 

8 ‘‘(i) coordinate with Federal, State, 

9 local, regional, and private officials within 

10 the region concerning terrorism prepared11 ness; 

12 ‘‘(ii) develop a process for receiving 

13 input from Federal, State, local, regional, 

14 and private sector officials within the re15 gion to assist in the development of the re16 gional application and to improve the re17 gion’s access to covered grants; and 

18 ‘‘(iii) administer, in consultation with 

19 State, local, regional, and private officials 

20 within the region, covered grants awarded 

21 to the region. 

22 ‘‘(6) TRIBAL APPLICATIONS.— 

23 ‘‘(A) SUBMISSION TO THE STATE OR

24 STATES.—To ensure the consistency required 

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1 rectly eligible tribe must submit its application 

2 to each State within the boundaries of which 

3 any part of such tribe is located for direct sub4 mission to the Department along with the appli5 cation of such State or States. 

6 ‘‘(B) OPPORTUNITY FOR STATE COM7 MENT.—Before awarding any covered grant to 

8 a directly eligible tribe, the Secretary shall pro9 vide an opportunity to each State within the 

10 boundaries of which any part of such tribe is lo11 cated to comment to the Secretary on the con12 sistency of the tribe’s application with the 

13 State’s homeland security plan. Any such com14 ments shall be submitted to the Secretary con15 currently with the submission of the State and 

16 tribal applications. 

17 ‘‘(C) FINAL AUTHORITY.—The Secretary 

18 shall have final authority to determine the con19 sistency of any application of a directly eligible 

20 tribe with the applicable State homeland secu21 rity plan or plans, and to approve any applica22 tion of such tribe. The Secretary shall notify 

23 each State within the boundaries of which any 

24 part of such tribe is located of the approval of 

25 an application by such tribe. 


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1 ‘‘(D) TRIBAL LIAISON.—A tribal liaison 

2 designated under paragraph (4)(G) shall— 

3 ‘‘(i) coordinate with Federal, State, 

4 local, regional, and private officials con5 cerning terrorism preparedness; 

6 ‘‘(ii) develop a process for receiving 

7 input from Federal, State, local, regional, 

8 and private sector officials to assist in the 

9 development of the application of such 

10 tribe and to improve the tribe’s access to 

11 covered grants; and 

12 ‘‘(iii) administer, in consultation with 

13 State, local, regional, and private officials, 

14 covered grants awarded to such tribe. 

15 ‘‘(E) LIMITATION ON THE NUMBER OF DI16 RECT GRANTS.—The Secretary may make cov17 ered grants directly to not more than 20 di18 rectly eligible tribes per fiscal year. 

19 ‘‘(F) TRIBES NOT RECEIVING DIRECT

20 GRANTS.—An Indian tribe that does not receive 

21 a grant directly under this section is eligible to 

22 receive funds under a covered grant from the 

23 State or States within the boundaries of which 

24 any part of such tribe is located, consistent with 

25 the homeland security plan of the State as deVerDate Aug 31 2005 02:14 Jun 10, 2006 Jkt 049200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\S3456.IS S3456

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1 scribed in subsection (c). If a State fails to 

2 comply with section 1806(g)(1), the tribe may 

3 request payment under section 1806(h)(3) in 

4 the same manner as a local government. 

5 ‘‘(7) EQUIPMENT STANDARDS.—If an applicant 

6 for a covered grant proposes to upgrade or purchase, 

7 with assistance provided under the grant, new equip8 ment or systems that do not meet or exceed any ap9 plicable national voluntary consensus standards es10 tablished by the Secretary, the applicant shall in11 clude in the application an explanation of why such 

12 equipment or systems will serve the needs of the ap13 plicant better than equipment or systems that meet 

14 or exceed such standards. 

15 ‘‘SEC. 1804. RISK-BASED EVALUATION AND 

16 PRIORITIZATION. 

17 ‘‘(a) FIRST RESPONDER GRANTS BOARD.— 

18 ‘‘(1) ESTABLISHMENT OF BOARD.—The Sec19 retary shall establish a First Responder Grants 

20 Board, consisting of— 

21 ‘‘(A) the Secretary; 

22 ‘‘(B) the Under Secretary for Emergency 

23 Preparedness and Response; 

24 ‘‘(C) the Under Secretary for Border and 

25 Transportation Security; 


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1 ‘‘(D) the Under Secretary for Information 

2 Analysis and Infrastructure Protection; 

3 ‘‘(E) the Under Secretary for Science and 

4 Technology; 

5 ‘‘(F) the Director of the Office for Domes6 tic Preparedness; 

7 ‘‘(G) the Administrator of the United 

8 States Fire Administration; and 

9 ‘‘(H) the Administrator of the Animal and 

10 Plant Health Inspection Service. 

11 ‘‘(2) CHAIRMAN.— 

12 ‘‘(A) IN GENERAL.—The Secretary shall be 

13 the Chairman of the Board. 

14 ‘‘(B) EXERCISE OF AUTHORITIES BY DEP15 UTY SECRETARY.—The Deputy Secretary of 

16 Homeland Security may exercise the authorities 

17 of the Chairman, if the Secretary so directs. 

18 ‘‘(b) FUNCTIONS OF UNDER SECRETARIES.—The 

19 Under Secretaries referred to in subsection (a)(1) shall 

20 seek to ensure that the relevant expertise and input of the 

21 staff of their directorates are available to and considered 

22 by the Board. 

23 ‘‘(c) PRIORITIZATION OF GRANT APPLICATIONS.— 

24 ‘‘(1) FACTORS TO BE CONSIDERED.—The 

25 Board shall evaluate and annually prioritize all 


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•S 3456 IS

1 pending applications for covered grants based upon 

2 the degree to which they would, by achieving, main3 taining, or enhancing the essential capabilities of the 

4 applicants on a nationwide basis, lessen the threat 

5 to, vulnerability of, and consequences for persons 

6 (including transient commuting and tourist popu7 lations) and critical infrastructure. Such evaluation 

8 and prioritization shall be based upon the most cur9 rent risk assessment available by the Directorate for 

10 Information Analysis and Infrastructure Protection 

11 of the threats of terrorism against the United 

12 States. The Board shall coordinate with State, local, 

13 regional, and tribal officials in establishing criteria 

14 for evaluating and prioritizing applications for cov15 ered grants. 

16 ‘‘(2) CRITICAL INFRASTRUCTURE SECTORS.— 

17 The Board specifically shall consider threats of ter18 rorism against the following critical infrastructure 

19 sectors in all areas of the United States, urban and 

20 rural: 

21 ‘‘(A) Agriculture and food. 

22 ‘‘(B) Banking and finance. 

23 ‘‘(C) Chemical industries. 

24 ‘‘(D) The defense industrial base. 

25 ‘‘(E) Emergency services. 


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1 ‘‘(F) Energy. 

2 ‘‘(G) Government facilities. 

3 ‘‘(H) Postal and shipping. 

4 ‘‘(I) Public health and health care. 

5 ‘‘(J) Information technology. 

6 ‘‘(K) Telecommunications. 

7 ‘‘(L) Transportation systems. 

8 ‘‘(M) Water. 

9 ‘‘(N) Dams. 

10 ‘‘(O) Commercial facilities. 

11 ‘‘(P) National monuments and icons. 

12 The order in which the critical infrastructure sectors 

13 are listed in this paragraph shall not be construed 

14 as an order of priority for consideration of the im15 portance of such sectors. 

16 ‘‘(3) TYPES OF THREAT.—The Board specifi17 cally shall consider the following types of threat to 

18 the critical infrastructure sectors described in para19 graph (2), and to populations in all areas of the 

20 United States, urban and rural: 

21 ‘‘(A) Biological threats. 

22 ‘‘(B) Nuclear threats. 

23 ‘‘(C) Radiological threats. 

24 ‘‘(D) Incendiary threats. 

25 ‘‘(E) Chemical threats. 


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1 ‘‘(F) Explosives. 

2 ‘‘(G) Suicide bombers. 

3 ‘‘(H) Cyber threats. 

4 ‘‘(I) Any other threats based on proximity 

5 to specific past acts of terrorism or the known 

6 activity of any terrorist group. 

7 The order in which the types of threat are listed in 

8 this paragraph shall not be construed as an order of 

9 priority for consideration of the importance of such 

10 threats. 

11 ‘‘(4) CONSIDERATION OF ADDITIONAL FAC12 TORS.—The Board shall take into account any other 

13 specific threat to a population (including a transient 

14 commuting or tourist population) or critical infra15 structure sector that the Board has determined to 

16 exist. In evaluating the threat to a population or 

17 critical infrastructure sector, the Board shall give 

18 greater weight to threats of terrorism based upon 

19 their specificity and credibility, including any pat20 tern of repetition. 

21 ‘‘(5) MINIMUM AMOUNTS.—After evaluating 

22 and prioritizing grant applications under paragraph 

23 (1), the Board shall ensure that, for each fiscal 

24 year— 


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1 ‘‘(A) each of the States, other than the 

2 Virgin Islands, American Samoa, Guam, and 

3 the Northern Mariana Islands, that has an ap4 proved State homeland security plan receives no 

5 less than 0.25 percent of the funds available for 

6 covered grants for that fiscal year for purposes 

7 of implementing its homeland security plan in 

8 accordance with the prioritization of needs 

9 under section 1803(c)(1)(D); 

10 ‘‘(B) each of the States, other than the 

11 Virgin Islands, American Samoa, Guam, and 

12 the Northern Mariana Islands, that has an ap13 proved State homeland security plan and that 

14 meets one or both of the additional high-risk 

15 qualifying criteria under paragraph (6) receives 

16 no less than 0.45 percent of the funds available 

17 for covered grants for that fiscal year for pur18 poses of implementing its homeland security 

19 plan in accordance with the prioritization of 

20 needs under section 1803(c)(1)(D); 

21 ‘‘(C) the Virgin Islands, American Samoa, 

22 Guam, and the Northern Mariana Islands each 

23 receives no less than 0.08 percent of the funds 

24 available for covered grants for that fiscal year 

25 for purposes of implementing its approved State 


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1 homeland security plan in accordance with the 

2 prioritization of needs under section 

3 1803(c)(1)(D); and 

4 ‘‘(D) directly eligible tribes collectively re5 ceive no less than 0.08 percent of the funds 

6 available for covered grants for such fiscal year 

7 for purposes of addressing the needs identified 

8 in the applications of such tribes, consistent 

9 with the homeland security plan of each State 

10 within the boundaries of which any part of any 

11 such tribe is located, except that this clause 

12 shall not apply with respect to funds available 

13 for a fiscal year if the Secretary receives less 

14 than 5 applications for such fiscal year from 

15 such tribes under section 1803(e)(6)(A) or does 

16 not approve at least one such application. 

17 ‘‘(6) ADDITIONAL HIGH-RISK QUALIFYING CRI18 TERIA.—For purposes of paragraph (5)(B), addi19 tional high-risk qualifying criteria consist of— 

20 ‘‘(A) having a significant international 

21 land border; or 

22 ‘‘(B) adjoining a body of water within 

23 North America through which an international 

24 boundary line extends. 


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1 ‘‘(d) EFFECT OF REGIONAL AWARDS ON STATE MIN2 IMUM.—Any regional award, or portion thereof, provided 

3 to a State under section 1803(e)(5)(C) shall not be consid4 ered in calculating the minimum State award under sub5 section (c)(5) of this section. 

6 ‘‘SEC. 1805. TASK FORCE ON TERRORISM PREPAREDNESS 

7 FOR FIRST RESPONDERS. 

8 ‘‘(a) ESTABLISHMENT.—To assist the Secretary in 

9 updating, revising, or replacing essential capabilities for 

10 terrorism preparedness, the Secretary shall establish an 

11 advisory body pursuant to section 871(a) not later than 

12 60 days after the date of the enactment of this section, 

13 which shall be known as the Task Force on Terrorism Pre14 paredness for First Responders. 

15 ‘‘(b) UPDATE, REVISE, OR REPLACE.—The Secretary 

16 shall regularly update, revise, or replace the essential ca17 pabilities for terrorism preparedness as necessary, but not 

18 less than every 3 years. 

19 ‘‘(c) REPORT.— 

20 ‘‘(1) IN GENERAL.—The Task Force shall sub21 mit to the Secretary, by not later than 12 months 

22 after its establishment by the Secretary under sub23 section (a) and not later than every 2 years there24 after, a report on its recommendations for essential 

25 capabilities for terrorism preparedness. 


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1 ‘‘(2) CONTENTS.—Each report shall— 

2 ‘‘(A) include a priority ranking of essential 

3 capabilities in order to provide guidance to the 

4 Secretary and to the Congress on determining 

5 the appropriate allocation of, and funding levels 

6 for, first responder needs; 

7 ‘‘(B) set forth a methodology by which any 

8 State or local government will be able to deter9 mine the extent to which it possesses or has ac10 cess to the essential capabilities that States and 

11 local governments having similar risks should 

12 obtain; 

13 ‘‘(C) describe the availability of national 

14 voluntary consensus standards, and whether 

15 there is a need for new national voluntary con16 sensus standards, with respect to first re17 sponder training and equipment; 

18 ‘‘(D) include such additional matters as 

19 the Secretary may specify in order to further 

20 the terrorism preparedness capabilities of first 

21 responders; and 

22 ‘‘(E) include such revisions to the contents 

23 of previous reports as are necessary to take into 

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1 mation Analysis and Infrastructure Protection 

2 or other relevant information as determined by 

3 the Secretary. 

4 ‘‘(3) CONSISTENCY WITH FEDERAL WORKING

5 GROUP.—The Task Force shall ensure that its rec6 ommendations for essential capabilities for terrorism 

7 preparedness are, to the extent feasible, consistent 

8 with any preparedness goals or recommendations of 

9 the Federal working group established under section 

10 319F(a) of the Public Health Service Act (42 U.S.C. 

11 247d–6(a)). 

12 ‘‘(4) COMPREHENSIVENESS.—The Task Force 

13 shall ensure that its recommendations regarding es14 sential capabilities for terrorism preparedness are 

15 made within the context of a comprehensive State 

16 emergency management system. 

17 ‘‘(5) PRIOR MEASURES.—The Task Force shall 

18 ensure that its recommendations regarding essential 

19 capabilities for terrorism preparedness take into ac20 count any capabilities that State or local officials 

21 have determined to be essential and have undertaken 

22 since September 11, 2001, to prevent, prepare for, 

23 respond to, or recover from terrorist attacks. 

24 ‘‘(d) MEMBERSHIP.— 


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1 ‘‘(1) IN GENERAL.—The Task Force shall con2 sist of 25 members appointed by the Secretary, and 

3 shall, to the extent practicable, represent a geo4 graphic (including urban and rural) and substantive 

5 cross section of governmental and nongovernmental 

6 first responder disciplines from the State and local 

7 levels, including as appropriate— 

8 ‘‘(A) members selected from the emergency 

9 response field, including fire service and law en10 forcement, hazardous materials response, emer11 gency medical services, and emergency manage12 ment personnel (including public works per13 sonnel routinely engaged in emergency re14 sponse); 

15 ‘‘(B) health scientists, emergency and in16 patient medical providers, and public health 

17 professionals, including experts in emergency 

18 health care response to chemical, biological, ra19 diological, and nuclear terrorism, and experts in 

20 providing mental health care during emergency 

21 response operations; 

22 ‘‘(C) experts from Federal, State, and local 

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1 sensus codes and standards development com2 munity, particularly those with expertise in first 

3 responder disciplines; and 

4 ‘‘(D) State and local officials with exper5 tise in terrorism preparedness, subject to the 

6 condition that if any such official is an elected 

7 official representing one of the two major polit8 ical parties, an equal number of elected officials 

9 shall be selected from each such party. 

10 ‘‘(2) COORDINATION WITH THE DEPARTMENT

11 OF HEALTH AND HEALTH SERVICES.—In the selec12 tion of members of the Task Force who are health 

13 professionals, including emergency medical profes14 sionals, the Secretary shall coordinate such selection 

15 with the Secretary of Health and Human Services. 

16 ‘‘(3) EX OFFICIO MEMBERS.—The Secretary 

17 and the Secretary of Health and Human Services 

18 shall each designate one or more officers of their re19 spective Departments to serve as ex officio members 

20 of the Task Force. One of the ex officio members 

21 from the Department of Homeland Security shall be 

22 the designated officer of the Federal Government for 

23 purposes of subsection (e) of section 10 of the Fed24 eral Advisory Committee Act (5 App. U.S.C.). 


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1 ‘‘(e) APPLICABILITY OF FEDERAL ADVISORY COM2 MITTEE ACT.—Notwithstanding section 871(a), the Fed3 eral Advisory Committee Act (5 App. U.S.C.), including 

4 subsections (a), (b), and (d) of section 10 of such Act, 

5 and section 552b(c) of title 5, United States Code, shall 

6 apply to the Task Force. 

7 ‘‘SEC. 1806. USE OF FUNDS AND ACCOUNTABILITY RE8 QUIREMENTS. 

9 ‘‘(a) IN GENERAL.—A covered grant may be used 

10 for— 

11 ‘‘(1) purchasing or upgrading equipment, in12 cluding computer software, to enhance terrorism 

13 preparedness; 

14 ‘‘(2) exercises to strengthen terrorism prepared15 ness; 

16 ‘‘(3) training for prevention (including detec17 tion) of, preparedness for, response to, or recovery 

18 from attacks involving weapons of mass destruction, 

19 including training in the use of equipment and com20 puter software; 

21 ‘‘(4) developing or updating State homeland se22 curity plans, risk assessments, mutual aid agree23 ments, and emergency management plans to enhance 

24 terrorism preparedness; 


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1 ‘‘(5) establishing or enhancing mechanisms for 

2 sharing terrorism threat information; 

3 ‘‘(6) systems architecture and engineering, pro4 gram planning and management, strategy formula5 tion and strategic planning, life-cycle systems de6 sign, product and technology evaluation, and proto7 type development for terrorism preparedness pur8 poses; 

9 ‘‘(7) additional personnel costs resulting from— 

10 ‘‘(A) elevations in the threat alert level of 

11 the Homeland Security Advisory System by the 

12 Secretary, or a similar elevation in threat alert 

13 level issued by a State, region, or local govern14 ment with the approval of the Secretary; 

15 ‘‘(B) travel to and participation in exer16 cises and training in the use of equipment and 

17 on prevention activities; and 

18 ‘‘(C) the temporary replacement of per19 sonnel during any period of travel to and par20 ticipation in exercises and training in the use of 

21 equipment and on prevention activities; 

22 ‘‘(8) the costs of equipment (including software) 

23 required to receive, transmit, handle, and store clas24 sified information; 


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1 ‘‘(9) protecting critical infrastructure against 

2 potential attack by the addition of barriers, fences, 

3 gates, and other such devices, except that the cost 

4 of such measures may not exceed the greater of— 

5 ‘‘(A) $1,000,000 per project; or 

6 ‘‘(B) such greater amount as may be ap7 proved by the Secretary, which may not exceed 

8 10 percent of the total amount of the covered 

9 grant; 

10 ‘‘(10) the costs of commercially available inter11 operable communications equipment (which, where 

12 applicable, is based on national, voluntary consensus 

13 standards) that the Secretary, in consultation with 

14 the Chairman of the Federal Communications Com15 mission, deems best suited to facilitate interoper16 ability, coordination, and integration between and 

17 among emergency communications systems, and that 

18 complies with prevailing grant guidance of the De19 partment for interoperable communications; 

20 ‘‘(11) educational curricula development for 

21 first responders to ensure that they are prepared for 

22 terrorist attacks; 

23 ‘‘(12) training and exercises to assist public ele24 mentary and secondary schools in developing and 

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1 ing age-appropriate skills to prevent, prepare for, re2 spond to, mitigate against, or recover from an act of 

3 terrorism; 

4 ‘‘(13) paying of administrative expenses directly 

5 related to administration of the grant, except that 

6 such expenses may not exceed 3 percent of the 

7 amount of the grant; 

8 ‘‘(14) paying for the conduct of any activity 

9 permitted under the Law Enforcement Terrorism 

10 Prevention Program, or any such successor to such 

11 program; and 

12 ‘‘(15) other appropriate activities as determined 

13 by the Secretary. 

14 ‘‘(b) PROHIBITED USES.—Funds provided as a cov15 ered grant may not be used— 

16 ‘‘(1) to supplant State or local funds; 

17 ‘‘(2) to construct buildings or other physical fa18 cilities; 

19 ‘‘(3) to acquire land; or 

20 ‘‘(4) for any State or local government cost 

21 sharing contribution. 

22 ‘‘(c) MULTIPLE-PURPOSE FUNDS.—Nothing in this 

23 section shall be construed to preclude State and local gov24 ernments from using covered grant funds in a manner 

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1 gencies and disasters unrelated to acts of terrorism, if 

2 such use assists such governments in achieving essential 

3 capabilities for terrorism preparedness established by the 

4 Secretary. 

5 ‘‘(d) REIMBURSEMENT OF COSTS.—(1) In addition 

6 to the activities described in subsection (a), a covered 

7 grant may be used to provide a reasonable stipend to paid8 on-call or volunteer first responders who are not otherwise 

9 compensated for travel to or participation in training cov10 ered by this section. Any such reimbursement shall not 

11 be considered compensation for purposes of rendering 

12 such a first responder an employee under the Fair Labor 

13 Standards Act of 1938 (29 U.S.C. 201 et seq.). 

14 ‘‘(2) An applicant for a covered grant may petition 

15 the Secretary for the reimbursement of the cost of any 

16 activity relating to prevention (including detection) of, pre17 paredness for, response to, or recovery from acts of ter18 rorism that is a Federal duty and usually performed by 

19 a Federal agency, and that is being performed by a State 

20 or local government (or both) under agreement with a 

21 Federal agency. 

22 ‘‘(e) ASSISTANCE REQUIREMENT.—The Secretary 

23 may not require that equipment paid for, wholly or in part, 

24 with funds provided as a covered grant be made available 

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1 gions, and localities, unless the Secretary undertakes to 

2 pay the costs directly attributable to transporting and op3 erating such equipment during such response. 

4 ‘‘(f) FLEXIBILITY IN UNSPENT HOMELAND SECU5 RITY GRANT FUNDS.—Upon request by the recipient of 

6 a covered grant, the Secretary may authorize the grantee 

7 to transfer all or part of funds provided as the covered 

8 grant from uses specified in the grant agreement to other 

9 uses authorized under this section, if the Secretary deter10 mines that such transfer is in the interests of homeland 

11 security. 

12 ‘‘(g) STATE, REGIONAL, AND TRIBAL RESPONSIBIL13 ITIES.— 

14 ‘‘(1) PASS-THROUGH.—The Secretary shall re15 quire a recipient of a covered grant that is a State 

16 to obligate or otherwise make available to local gov17 ernments, first responders, and other local groups, 

18 to the extent required under the State homeland se19 curity plan or plans specified in the application for 

20 the grant, not less than 80 percent of the grant 

21 funds, resources purchased with the grant funds 

22 having a value equal to at least 80 percent of the 

23 amount of the grant, or a combination thereof, by 

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1 ning on the date the grant recipient receives the 

2 grant funds. 

3 ‘‘(2) COST SHARING.— 

4 ‘‘(A) IN GENERAL.—The Federal share of 

5 the costs of an activity carried out with a cov6 ered grant to a State, region, or directly eligible 

7 tribe awarded after the 2-year period beginning 

8 on the date of the enactment of this section 

9 shall not exceed 75 percent. 

10 ‘‘(B) INTERIM RULE.—The Federal share 

11 of the costs of an activity carried out with a 

12 covered grant awarded before the end of the 2- 

13 year period beginning on the date of the enact14 ment of this section shall be 100 percent. 

15 ‘‘(C) IN-KIND MATCHING.—Each recipient 

16 of a covered grant may meet the matching re17 quirement under subparagraph (A) by making 

18 in-kind contributions of goods or services that 

19 are directly linked with the purpose for which 

20 the grant is made, including, but not limited to, 

21 any necessary personnel overtime, contractor 

22 services, administrative costs, equipment fuel 

23 and maintenance, and rental space. 

24 ‘‘(3) CERTIFICATIONS REGARDING DISTRIBU25 TION OF GRANT FUNDS TO LOCAL GOVERNMENTS.— 


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1 Any State that receives a covered grant shall certify 

2 to the Secretary, by not later than 30 days after the 

3 expiration of the period described in paragraph (1) 

4 with respect to the grant, that the State has made 

5 available for expenditure by local governments, first 

6 responders, and other local groups the required 

7 amount of grant funds pursuant to paragraph (1). 

8 ‘‘(4) QUARTERLY REPORT ON HOMELAND SECU9 RITY SPENDING.—The Federal share described in 

10 paragraph (2)(A) may be increased by up to 2 per11 cent for any State, region, or directly eligible tribe 

12 that, not later than 30 days after the end of each 

13 fiscal quarter, submits to the Secretary a report on 

14 that fiscal quarter. Each such report must include, 

15 for each recipient of a covered grant or a pass16 through under paragraph (1)— 

17 ‘‘(A) the amount obligated to that recipient 

18 in that quarter; 

19 ‘‘(B) the amount expended by that recipi20 ent in that quarter; and 

21 ‘‘(C) a summary description of the items 

22 purchased by such recipient with such amount. 

23 ‘‘(5) ANNUAL REPORT ON HOMELAND SECU24 RITY SPENDING.—Each recipient of a covered grant 

25 shall submit an annual report to the Secretary not 


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1 later than 60 days after the end of each Federal fis2 cal year. Each recipient of a covered grant that is 

3 a region must simultaneously submit its report to 

4 each State of which any part is included in the re5 gion. Each recipient of a covered grant that is a di6 rectly eligible tribe must simultaneously submit its 

7 report to each State within the boundaries of which 

8 any part of such tribe is located. Each report must 

9 include the following: 

10 ‘‘(A) The amount, ultimate recipients, and 

11 dates of receipt of all funds received under the 

12 grant during the previous fiscal year. 

13 ‘‘(B) The amount and the dates of dis14 bursements of all such funds expended in com15 pliance with paragraph (1) or pursuant to mu16 tual aid agreements or other sharing arrange17 ments that apply within the State, region, or di18 rectly eligible tribe, as applicable, during the 

19 previous fiscal year. 

20 ‘‘(C) How the funds were utilized by each 

21 ultimate recipient or beneficiary during the pre22 ceding fiscal year. 

23 ‘‘(D) The extent to which essential capa24 bilities identified in the applicable State home25 land security plan or plans were achieved, mainVerDate Aug 31 2005 02:14 Jun 10, 2006 Jkt 049200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 E:\BILLS\S3456.IS S3456

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1 tained, or enhanced as the result of the expend2 iture of grant funds during the preceding fiscal 

3 year. 

4 ‘‘(E) The extent to which essential capa5 bilities identified in the applicable State home6 land security plan or plans remain unmet. 

7 ‘‘(6) INCLUSION OF RESTRICTED ANNEXES.—A 

8 recipient of a covered grant may submit to the Sec9 retary an annex to the annual report under para10 graph (5) that is subject to appropriate handling re11 strictions, if the recipient believes that discussion in 

12 the report of unmet needs would reveal sensitive but 

13 unclassified information. 

14 ‘‘(7) PROVISION OF REPORTS.—The Secretary 

15 shall ensure that each annual report under para16 graph (5) is provided to the Under Secretary for 

17 Emergency Preparedness and Response and the Di18 rector of the Office for Domestic Preparedness. 

19 ‘‘(h) INCENTIVES TO EFFICIENT ADMINISTRATION

20 OF HOMELAND SECURITY GRANTS.— 

21 ‘‘(1) PENALTIES FOR DELAY IN PASSING

22 THROUGH LOCAL SHARE.—If a recipient of a cov23 ered grant that is a State fails to pass through to 

24 local governments, first responders, and other local 

25 groups funds or resources required by subsection 


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1 (g)(1) within 45 days after receiving funds under 

2 the grant, the Secretary may— 

3 ‘‘(A) reduce grant payments to the grant 

4 recipient from the portion of grant funds that 

5 is not required to be passed through under sub6 section (g)(1); 

7 ‘‘(B) terminate payment of funds under 

8 the grant to the recipient, and transfer the ap9 propriate portion of those funds directly to local 

10 first responders that were intended to receive 

11 funding under that grant; or 

12 ‘‘(C) impose additional restrictions or bur13 dens on the recipient’s use of funds under the 

14 grant, which may include— 

15 ‘‘(i) prohibiting use of such funds to 

16 pay the grant recipient’s grant-related 

17 overtime or other expenses; 

18 ‘‘(ii) requiring the grant recipient to 

19 distribute to local government beneficiaries 

20 all or a portion of grant funds that are not 

21 required to be passed through under sub22 section (g)(1); or 

23 ‘‘(iii) for each day that the grant re24 cipient fails to pass through funds or re25 sources in accordance with subsection 


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1 (g)(1), reducing grant payments to the 

2 grant recipient from the portion of grant 

3 funds that is not required to be passed 

4 through under subsection (g)(1), except 

5 that the total amount of such reduction 

6 may not exceed 20 percent of the total 

7 amount of the grant. 

8 ‘‘(2) EXTENSION OF PERIOD.—The Governor of 

9 a State may request in writing that the Secretary 

10 extend the 45-day period under section 

11 1803(e)(5)(E) or paragraph (1) for an additional 

12 15-day period. The Secretary may approve such a 

13 request, and may extend such period for additional 

14 15-day periods, if the Secretary determines that the 

15 resulting delay in providing grant funding to the 

16 local government entities that will receive funding 

17 under the grant will not have a significant detri18 mental impact on such entities’ terrorism prepared19 ness efforts. 

20 ‘‘(3) PROVISION OF NON-LOCAL SHARE TO

21 LOCAL GOVERNMENT.— 

22 ‘‘(A) IN GENERAL.—The Secretary may 

23 upon request by a local government pay to the 

24 local government a portion of the amount of a 


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1 covered grant awarded to a State in which the 

2 local government is located, if— 

3 ‘‘(i) the local government will use the 

4 amount paid to expedite planned enhance5 ments to its terrorism preparedness as de6 scribed in any applicable State homeland 

7 security plan or plans; 

8 ‘‘(ii) the State has failed to pass 

9 through funds or resources in accordance 

10 with subsection (g)(1); and 

11 ‘‘(iii) the local government complies 

12 with subparagraphs (B) and (C). 

13 ‘‘(B) SHOWING REQUIRED.—To receive a 

14 payment under this paragraph, a local govern15 ment must demonstrate that— 

16 ‘‘(i) it is identified explicitly as an ul17 timate recipient or intended beneficiary in 

18 the approved grant application; 

19 ‘‘(ii) it was intended by the grantee to 

20 receive a severable portion of the overall 

21 grant for a specific purpose that is identi22 fied in the grant application; 

23 ‘‘(iii) it petitioned the grantee for the 

24 funds or resources after expiration of the 

25 period within which the funds or resources 


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1 were required to be passed through under 

2 subsection (g)(1); and 

3 ‘‘(iv) it did not receive the portion of 

4 the overall grant that was earmarked or 

5 designated for its use or benefit. 

6 ‘‘(C) EFFECT OF PAYMENT.—Payment of 

7 grant funds to a local government under this 

8 paragraph— 

9 ‘‘(i) shall not affect any payment to 

10 another local government under this para11 graph; and 

12 ‘‘(ii) shall not prejudice consideration 

13 of a request for payment under this para14 graph that is submitted by another local 

15 government. 

16 ‘‘(D) DEADLINE FOR ACTION BY SEC17 RETARY.—The Secretary shall approve or dis18 approve each request for payment under this 

19 paragraph by not later than 15 days after the 

20 date the request is received by the Department. 

21 ‘‘(i) REPORTS TO CONGRESS.—The Secretary shall 

22 submit an annual report to the Congress by January 31 

23 of each year covering the preceding fiscal year— 

24 ‘‘(1) describing in detail the amount of Federal 

25 funds provided as covered grants that were directed 


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1 to each State, region, and directly eligible tribe in 

2 the preceding fiscal year; 

3 ‘‘(2) containing information on the use of such 

4 grant funds by grantees; and 

5 ‘‘(3) describing— 

6 ‘‘(A) the Nation’s progress in achieving, 

7 maintaining, and enhancing the essential capa8 bilities established by the Secretary as a result 

9 of the expenditure of covered grant funds dur10 ing the preceding fiscal year; and 

11 ‘‘(B) an estimate of the amount of expend12 itures required to attain across the United 

13 States the essential capabilities established by 

14 the Secretary. 

15 ‘‘SEC. 1807. NATIONAL STANDARDS FOR FIRST RESPONDER 

16 EQUIPMENT AND TRAINING. 

17 ‘‘(a) EQUIPMENT STANDARDS.— 

18 ‘‘(1) IN GENERAL.—The Secretary, in consulta19 tion with the Under Secretaries for Emergency Pre20 paredness and Response and Science and Tech21 nology and the Director of the Office for Domestic 

22 Preparedness, shall, not later than 6 months after 

23 the date of enactment of this section, support the 

24 development of, promulgate, and update as nec25 essary national voluntary consensus standards for 


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1 the performance, use, and validation of first re2 sponder equipment for purposes of section 

3 1805(e)(7). Such standards— 

4 ‘‘(A) shall be, to the maximum extent prac5 ticable, consistent with any existing voluntary 

6 consensus standards; 

7 ‘‘(B) shall take into account, as appro8 priate, new types of terrorism threats that may 

9 not have been contemplated when such existing 

10 standards were developed; 

11 ‘‘(C) shall be focused on maximizing inter12 operability, interchangeability, durability, flexi13 bility, efficiency, efficacy, portability, sustain14 ability, and safety; and 

15 ‘‘(D) shall cover all appropriate uses of the 

16 equipment. 

17 ‘‘(2) REQUIRED CATEGORIES.—In carrying out 

18 paragraph (1), the Secretary shall specifically con19 sider the following categories of first responder 

20 equipment: 

21 ‘‘(A) Thermal imaging equipment. 

22 ‘‘(B) Radiation detection and analysis 

23 equipment. 

24 ‘‘(C) Biological detection and analysis 

25 equipment. 


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1 ‘‘(D) Chemical detection and analysis 

2 equipment. 

3 ‘‘(E) Decontamination and sterilization 

4 equipment. 

5 ‘‘(F) Personal protective equipment, in6 cluding garments, boots, gloves, and hoods and 

7 other protective clothing. 

8 ‘‘(G) Respiratory protection equipment. 

9 ‘‘(H) Interoperable communications, in10 cluding wireless and wireline voice, video, and 

11 data networks. 

12 ‘‘(I) Explosive mitigation devices and ex13 plosive detection and analysis equipment. 

14 ‘‘(J) Containment vessels. 

15 ‘‘(K) Contaminant-resistant vehicles. 

16 ‘‘(L) Such other equipment for which the 

17 Secretary determines that national voluntary 

18 consensus standards would be appropriate. 

19 ‘‘(b) TRAINING STANDARDS.— 

20 ‘‘(1) IN GENERAL.—The Secretary, in consulta21 tion with the Under Secretaries for Emergency Pre22 paredness and Response and Science and Tech23 nology and the Director of the Office for Domestic 

24 Preparedness, shall support the development of, pro25 mulgate, and regularly update as necessary national 


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1 voluntary consensus standards for first responder 

2 training carried out with amounts provided under 

3 covered grant programs, that will enable State and 

4 local government first responders to achieve optimal 

5 levels of terrorism preparedness as quickly as prac6 ticable. Such standards shall give priority to pro7 viding training to— 

8 ‘‘(A) enable first responders to prevent, 

9 prepare for, respond to, mitigate against, and 

10 recover from terrorist threats, including threats 

11 from chemical, biological, nuclear, and radio12 logical weapons and explosive devices capable of 

13 inflicting significant human casualties; and 

14 ‘‘(B) familiarize first responders with the 

15 proper use of equipment, including software, 

16 developed pursuant to the standards established 

17 under subsection (a). 

18 ‘‘(2) REQUIRED CATEGORIES.—In carrying out 

19 paragraph (1), the Secretary specifically shall in20 clude the following categories of first responder ac21 tivities: 

22 ‘‘(A) Regional planning. 

23 ‘‘(B) Joint exercises. 

24 ‘‘(C) Intelligence collection, analysis, and 

25 sharing. 


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1 ‘‘(D) Emergency notification of affected 

2 populations. 

3 ‘‘(E) Detection of biological, nuclear, radi4 ological, and chemical weapons of mass destruc5 tion. 

6 ‘‘(F) Such other activities for which the 

7 Secretary determines that national voluntary 

8 consensus training standards would be appro9 priate. 

10 ‘‘(3) CONSISTENCY.—In carrying out this sub11 section, the Secretary shall ensure that such training 

12 standards are consistent with the principles of emer13 gency preparedness for all hazards. 

14 ‘‘(c) CONSULTATION WITH STANDARDS ORGANIZA15 TIONS.—In establishing national voluntary consensus 

16 standards for first responder equipment and training 

17 under this section, the Secretary shall consult with rel18 evant public and private sector groups, including— 

19 ‘‘(1) the National Institute of Standards and 

20 Technology; 

21 ‘‘(2) the National Fire Protection Association; 

22 ‘‘(3) the National Association of County and 

23 City Health Officials; 

24 ‘‘(4) the Association of State and Territorial 

25 Health Officials; 


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1 ‘‘(5) the American National Standards Insti2 tute; 

3 ‘‘(6) the National Institute of Justice; 

4 ‘‘(7) the Inter-Agency Board for Equipment 

5 Standardization and Interoperability; 

6 ‘‘(8) the National Public Health Performance 

7 Standards Program; 

8 ‘‘(9) the National Institute for Occupational 

9 Safety and Health; 

10 ‘‘(10) ASTM International; 

11 ‘‘(11) the International Safety Equipment Asso12 ciation; 

13 ‘‘(12) the Emergency Management Accredita14 tion Program; and 

15 ‘‘(13) to the extent the Secretary considers ap16 propriate, other national voluntary consensus stand17 ards development organizations, other interested 

18 Federal, State, and local agencies, and other inter19 ested persons. 

20 ‘‘(d) COORDINATION WITH SECRETARY OF HHS.— 

21 In establishing any national voluntary consensus stand22 ards under this section for first responder equipment or 

23 training that involve or relate to health professionals, in24 cluding emergency medical professionals, the Secretary 


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1 shall coordinate activities under this section with the Sec2 retary of Health and Human Services.’’. 

3 (b) DEFINITION OF EMERGENCY RESPONSE PRO4 VIDERS.—Paragraph (6) of section 2 of the Homeland Se5 curity Act of 2002 (Public Law 107–296; 6 U.S.C. 

6 101(6)) is amended by striking ‘‘includes’’ and all that 

7 follows and inserting ‘‘includes Federal, State, and local 

8 governmental and nongovernmental emergency public 

9 safety, law enforcement, fire, emergency response, emer10 gency medical (including hospital emergency facilities), 

11 and related personnel, organizations, agencies, and au12 thorities.’’. 

13 SEC. 114. SUPERSEDED PROVISION. 

14 This chapter supersedes section 1014(c)(3) of Public 

15 Law 107–56. 

16 SEC. 115. OVERSIGHT. 

17 The Secretary of Homeland Security shall establish 

18 within the Office for Domestic Preparedness an Office of 

19 the Comptroller to oversee the grants distribution process 

20 and the financial management of the Office for Domestic 

21 Preparedness. 


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1 SEC. 116. GAO REPORT ON AN INVENTORY AND STATUS OF 

2 HOMELAND SECURITY FIRST RESPONDER 

3 TRAINING. 

4 (a) IN GENERAL.—The Comptroller General of the 

5 United States shall report to the Congress in accordance 

6 with this section— 

7 (1) on the overall inventory and status of first 

8 responder training programs of the Department of 

9 Homeland Security and other departments and 

10 agencies of the Federal Government; and 

11 (2) the extent to which such programs are co12 ordinated. 

13 (b) CONTENTS OF REPORTS.—The reports under this 

14 section shall include— 

15 (1) an assessment of the effectiveness of the 

16 structure and organization of such training pro17 grams; 

18 (2) recommendations to— 

19 (A) improve the coordination, structure, 

20 and organization of such training programs; 

21 and 

22 (B) increase the availability of training to 

23 first responders who are not able to attend cen24 tralized training programs; 


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1 (3) the structure and organizational effective2 ness of such programs for first responders in rural 

3 communities; 

4 (4) identification of any duplication or redun5 dancy among such programs; 

6 (5) a description of the use of State and local 

7 training institutions, universities, centers, and the 

8 National Domestic Preparedness Consortium in de9 signing and providing training; 

10 (6) a cost-benefit analysis of the costs and time 

11 required for first responders to participate in train12 ing courses at Federal institutions; 

13 (7) an assessment of the approval process for 

14 certifying non-Department of Homeland Security 

15 training courses that are useful for anti-terrorism 

16 purposes as eligible for grants awarded by the De17 partment; 

18 (8) a description of the use of Department of 

19 Homeland Security grant funds by States and local 

20 governments to acquire training; 

21 (9) an analysis of the feasibility of Federal, 

22 State, and local personnel to receive the training 

23 that is necessary to adopt the National Response 

24 Plan and the National Incident Management Sys25 tem; and 


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1 (10) the role of each first responder training in2 stitution within the Department of Homeland Secu3 rity in the design and implementation of terrorism 

4 preparedness and related training courses for first 

5 responders. 

6 (c) DEADLINES.—The Comptroller General shall— 

7 (1) submit a report under subsection (a)(1) by 

8 not later than 60 days after the date of the enact9 ment of this Act; and 

10 (2) submit a report on the remainder of the 

11 topics required by this section by not later than 120 

12 days after the date of the enactment of this Act. 

13 SEC. 117. REMOVAL OF CIVIL LIABILITY BARRIERS THAT 

14 DISCOURAGE THE DONATION OF FIRE EQUIP15 MENT TO VOLUNTEER FIRE COMPANIES. 

16 (a) LIABILITY PROTECTION.—A person who donates 

17 fire control or fire rescue equipment to a volunteer fire 

18 company shall not be liable for civil damages under any 

19 State or Federal law for personal injuries, property dam20 age or loss, or death caused by the equipment after the 

21 donation. 

22 (b) EXCEPTIONS.—Subsection (a) does not apply to 

23 a person if— 


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1 (1) the person’s act or omission causing the in2 jury, damage, loss, or death constitutes gross neg3 ligence or intentional misconduct; or 

4 (2) the person is the manufacturer of the fire 

5 control or fire rescue equipment. 

6 (c) PREEMPTION.—This section preempts the laws of 

7 any State to the extent that such laws are inconsistent 

8 with this section, except that notwithstanding subsection 

9 (b) this section shall not preempt any State law that pro10 vides additional protection from liability for a person who 

11 donates fire control or fire rescue equipment to a volunteer 

12 fire company. 

13 (d) DEFINITIONS.—In this section: 

14 (1) PERSON.—The term ‘‘person’’ includes any 

15 governmental or other entity. 

16 (2) FIRE CONTROL OR RESCUE EQUIPMENT.— 

17 The term ‘‘fire control or fire rescue equipment’’ in18 cludes any fire vehicle, fire fighting tool, communica19 tions equipment, protective gear, fire hose, or 

20 breathing apparatus. 

21 (3) STATE.—The term ‘‘State’’ includes the 

22 several States, the District of Columbia, the Com23 monwealth of Puerto Rico, the Commonwealth of the 

24 Northern Mariana Islands, American Samoa, Guam, 

25 the Virgin Islands, any other territory or possession 


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1 of the United States, and any political subdivision of 

2 any such State, territory, or possession. 

3 (4) VOLUNTEER FIRE COMPANY.—The term 

4 ‘‘volunteer fire company’’ means an association of 

5 individuals who provide fire protection and other 

6 emergency services, where at least 30 percent of the 

7 individuals receive little or no compensation com8 pared with an entry level full-time paid individual in 

9 that association or in the nearest such association 

10 with an entry level full-time paid individual. 

11 (e) EFFECTIVE DATE.—This section applies only to 

12 liability for injury, damage, loss, or death caused by equip13 ment that, for purposes of subsection (a), is donated on 

14 or after the date that is 30 days after the date of the 

15 enactment of this Act. 

16 Subtitle B—Transportation 

17 Security 

18 SEC. 121. REPORT ON NATIONAL STRATEGY FOR TRANS19 PORTATION SECURITY. 

20 (a) REPORT; CERTIFICATION.—Not later than 30 

21 days after the date of the enactment of this Act, and every 

22 30 days thereafter, the Secretary of Transportation shall 

23 submit to the relevant congressional committees a report 

24 on the recommendations of the 9/11 Commission and the 

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1 vention Act of 2004 (Public Law 108–458) with respect 

2 to completion of a national strategy for transportation se3 curity. Such report shall include— 

4 (1) a certification by the Secretary of Transpor5 tation that such recommendations have been imple6 mented and such policy goals have been achieved; or 

7 (2) if the Secretary of Transportation is unable 

8 to make the certification described in paragraph (1), 

9 a description of— 

10 (A) the steps taken to implement such rec11 ommendations and achieve such policy goals; 

12 (B) when the Secretary expects such rec13 ommendations to be implemented and such pol14 icy goals to be achieved; and 

15 (C) any allocation of resources or other ac16 tions by Congress the Secretary considers nec17 essary to implement such recommendations and 

18 achieve such policy goals. 

19 (b) TERMINATION OF DUTY TO REPORT.—The duty 

20 to submit a report under subsection (a) shall terminate 

21 when the Secretary of Transportation submits a certifi22 cation pursuant to subsection (a)(1). 

23 (c) GAO REVIEW OF CERTIFICATION.—If the Sec24 retary of Transportation submits a certification pursuant 

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1 mission of such certification, the Comptroller General 

2 shall submit to the relevant congressional committees a 

3 report on whether the recommendations described in such 

4 subsection (e) have been implemented and whether the 

5 policy goals described in subsection (a) have been 

6 achieved. 

7 SEC. 122. REPORT ON AIRLINE PASSENGER PRE-SCREEN8 ING. 

9 (a) REPORT; CERTIFICATION.—Not later than 30 

10 days after the date of the enactment of this Act, and every 

11 30 days thereafter, the Secretary of Transportation shall 

12 submit to the relevant congressional committees a report 

13 on the recommendations of the 9/11 Commission and the 

14 policy goals of the Intelligence Reform and Terrorism Pre15 vention Act of 2004 (Public Law 108–458) with respect 

16 to improving airline passenger pre-screening. Such report 

17 shall include— 

18 (1) a certification by the Secretary of Transpor19 tation that such recommendations have been imple20 mented and such policy goals have been achieved; or 

21 (2) if the Secretary of Transportation is unable 

22 to make the certification described in paragraph (1), 

23 a description of— 

24 (A) the steps taken to implement such rec25 ommendations and achieve such policy goals; 


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1 (B) when the Secretary expects such rec2 ommendations to be implemented and such pol3 icy goals to be achieved; and 

4 (C) any allocation of resources or other ac5 tions by Congress the Secretary considers nec6 essary to implement such recommendations and 

7 achieve such policy goals. 

8 (b) TERMINATION OF DUTY TO REPORT.—The duty 

9 to submit a report under subsection (a) shall terminate 

10 when the Secretary of Transportation submits a certifi11 cation pursuant to subsection (a)(1). 

12 (c) GAO REVIEW OF CERTIFICATION.—If the Sec13 retary of Transportation submits a certification pursuant 

14 to subsection (a)(1), not later than 30 days after the sub15 mission of such certification, the Comptroller General 

16 shall submit to the relevant congressional committees a 

17 report on whether the recommendations described in sub18 section (a) have been implemented and whether the policy 

19 goals described in subsection (a) have been achieved. 

20 SEC. 123. REPORT ON DETECTION OF EXPLOSIVES AT AIR21 LINE SCREENING CHECKPOINTS. 

22 (a) REPORT; CERTIFICATION.—Not later than 30 

23 days after the date of the enactment of this Act, and every 

24 30 days thereafter, the Secretary of Transportation shall 

25 submit to the relevant congressional committees a report 


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1 on the recommendations of the 9/11 Commission and the 

2 policy goals of the Intelligence Reform and Terrorism Pre3 vention Act of 2004 (Public Law 108–458) with respect 

4 to the improvement of airline screening checkpoints to de5 tect explosives. Such report shall include— 

6 (1) a certification by the Secretary of Transpor7 tation that such recommendations have been imple8 mented and such policy goals have been achieved; or 

9 (2) if the Secretary of Transportation is unable 

10 to make the certification described in paragraph (1), 

11 a description of— 

12 (A) the steps taken to implement such rec13 ommendations and achieve such policy goals; 

14 (B) when the Secretary expects such rec15 ommendations to be implemented and such pol16 icy goals to be achieved; and 

17 (C) any allocation of resources or other ac18 tions by Congress the Secretary considers nec19 essary to implement such recommendations and 

20 achieve such policy goals. 

21 (b) TERMINATION OF DUTY TO REPORT.—The duty 

22 to submit a report under subsection (a) shall terminate 

23 when the Secretary of Transportation submits a certifi24 cation pursuant to subsection (a)(1). 


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1 (c) GAO REVIEW OF CERTIFICATION.—If the Sec2 retary of Transportation submits a certification pursuant 

3 to subsection (a)(1), not later than 30 days after the sub4 mission of such certification, the Comptroller General 

5 shall submit to the relevant congressional committees a 

6 report on whether the recommendations described in sub7 section (a) have been implemented and whether the policy 

8 goals described in subsection (a) have been achieved. 

9 SEC. 124. REPORT ON COMPREHENSIVE SCREENING PRO10 GRAM. 

11 (a) REPORT; CERTIFICATION.—Not later than 30 

12 days after the date of the enactment of this Act, and every 

13 30 days thereafter, the Secretary of Transportation shall 

14 submit to the relevant congressional committees a report 

15 on the recommendations of the 9/11 Commission and the 

16 policy goals of the Intelligence Reform and Terrorism Pre17 vention Act of 2004 (Public Law 108–458) with respect 

18 to implementation of a comprehensive screening program. 

19 Such report shall include— 

20 (1) a certification by the Secretary of Transpor21 tation that such recommendations have been imple22 mented and such policy goals have been achieved; or 

23 (2) if the Secretary of Transportation is unable 

24 to make the certification described in paragraph (1), 

25 a description of— 


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1 (A) the steps taken to implement such rec2 ommendations and achieve such policy goals; 

3 (B) when the Secretary expects such rec4 ommendations to be implemented and such pol5 icy goals to be achieved; and 

6 (C) any allocation of resources or other ac7 tions by Congress the Secretary considers nec8 essary to implement such recommendations and 

9 achieve such policy goals. 

10 (b) TERMINATION OF DUTY TO REPORT.—The duty 

11 to submit a report under subsection (a) shall terminate 

12 when the Secretary of Transportation submits a certifi13 cation pursuant to subsection (a)(1). 

14 (c) GAO REVIEW OF CERTIFICATION.—If the Sec15 retary of Transportation submits a certification pursuant 

16 to subsection (a)(1), not later than 30 days after the sub17 mission of such certification, the Comptroller General 

18 shall submit to the relevant congressional committees a 

19 report on whether the recommendations described in sub20 section (a) have been implemented and whether the policy 

21 goals described in subsection (a) have been achieved. 

22 SEC. 125. RELEVANT CONGRESSIONAL COMMITTEES DE23 FINED. 

24 In this subtitle, the term ‘‘relevant congressional 

25 committees’’ means— 


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1 (1) the Committee on Homeland Security of the 

2 House of Representatives; 

3 (2) the Committee on Government Reform of 

4 the House of Representatives; 

5 (3) the Committee on Transportation and In6 frastructure of the House of Representatives; 

7 (4) the Committee on Homeland Security and 

8 Government Affairs of the Senate; and 

9 (5) the Committee on Environment and Public 

10 Works of the Senate. 

11 Subtitle C—Border Security 

12 SEC. 131. COUNTERTERRORIST TRAVEL INTELLIGENCE. 

13 (a) REPORT; CERTIFICATION.—Not later than 30 

14 days after the date of the enactment of this Act, and every 

15 30 days thereafter, the Director of the National 

16 Counterterrorism Center shall submit to the relevant con17 gressional committees a report on the recommendations 

18 of the 9/11 Commission and the policy goals of the Intel19 ligence Reform and Terrorism Prevention Act of 2004 

20 (Public Law 108–458) with respect to improving collection 

21 and analysis of intelligence on terrorist travel. Each such 

22 report shall include— 

23 (1) a certification that such recommendations 

24 have been implemented and such policy goals have 

25 been achieved; or 


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1 (2) if the Director of the National 

2 Counterterrorism Center is unable to make the cer3 tification described in paragraph (1), a description 

4 of— 

5 (A) the steps taken to implement such rec6 ommendations and achieve such policy goals; 

7 (B) when such recommendations are ex8 pected to to be implemented and such policy 

9 goals to be achieved; and 

10 (C) any allocation of resources or other ac11 tions by Congress considered necessary to im12 plement such recommendations and achieve 

13 such policy goals. 

14 (b) TERMINATION OF DUTY TO REPORT.—The duty 

15 of the Director of the National Counterterrorism Center 

16 to submit a report under subsection (a) shall terminate 

17 when the Secretary submits a certification pursuant to 

18 subsection (a)(1). The duty of the Director of National 

19 Intelligence to submit a report under subsection (a) shall 

20 terminate when the Director submits a certification pursu21 ant to subsection (a)(1). 

22 (c) GAO REVIEW OF CERTIFICATION.—If the Direc23 tor of the National Counterterrorism submits a certifi24 cation pursuant to subsection (a)(1), not later than 30 

25 days after the submission of such certification, the CompVerDate Aug 31 2005 02:14 Jun 10, 2006 Jkt 049200 PO 00000 Frm 00077 Fmt 6652 Sfmt 6201 E:\BILLS\S3456.IS S3456

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1 troller General shall submit to the relevant congressional 

2 committees a report on whether the recommendations de3 scribed in subsection (a) have been implemented and 

4 whether the policy goals described in subsection (a) have 

5 been achieved. 

6 (d) RELEVANT CONGRESSIONAL COMMITTEES.—For 

7 purposes of this section, the term ‘‘relevant congressional 

8 committees’’ means the the following: 

9 (1) The Committee on Homeland Security of 

10 the House of Representatives. 

11 (2) The Committee on Government Reform of 

12 the House of Representatives. 

13 (3) The Committee on Transportation and In14 frastructure of the House of Representatives. 

15 (4) The Committee on Homeland Security and 

16 Governmental Affairs of the Senate. 

17 (5) The Committee on Environment and Public 

18 Works of the Senate. 

19 (6) The Select Committee on Intelligence of the 

20 Senate. 

21 (7) The Permanent Select Committee on Intel22 ligence of the House of Representatives. 

23 SEC. 132. COMPREHENSIVE SCREENING SYSTEM. 

24 (a) REPORT; CERTIFICATION.—Not later than 30 

25 days after the date of the enactment of this Act, and every 


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1 30 days thereafter, the Secretary of Homeland Security 

2 and the Secretary of Transportation shall each submit to 

3 the relevant congressional committees a report on the rec4 ommendations of the 9/11 Commission and the policy 

5 goals of the Intelligence Reform and Terrorism Prevention 

6 Act of 2004 (Public Law 108–458) with respect to the 

7 establishment of the comprehensive screening system de8 scribed in Presidential Homeland Security Directive 11 

9 (dated August 27, 2004). Each such report shall include— 

10 (1) a certification that such recommendations 

11 have been implemented and such policy goals have 

12 been achieved; or 

13 (2) if either the Secretary of Homeland Secu14 rity or the Secretary of Transportation is unable to 

15 make the certification described in paragraph (1), a 

16 description of— 

17 (A) the steps taken to implement such rec18 ommendations and achieve such policy goals; 

19 (B) when such recommendations are ex20 pected to be implemented and such policy goals 

21 to be achieved; and 

22 (C) any allocation of resources or other ac23 tions by Congress considered necessary to im24 plement such recommendations and achieve 

25 such policy goals. 


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1 (b) TERMINATION OF DUTY TO REPORT.—The duty 

2 of the Secretary of Homeland Security to submit a report 

3 under subsection (a) shall terminate when the Secretary 

4 of Homeland Security submits a certification pursuant to 

5 subsection (a)(1). The duty of the Secretary of Transpor6 tation to submit a report under subsection (a) shall termi7 nate when the Secretary of Transportation submits a cer8 tification pursuant to subsection (a)(1). 

9 (c) GAO REVIEW OF CERTIFICATION.—If the Sec10 retary of Homeland Security and the Secretary of Trans11 portation both submit certifications pursuant to sub12 section (a)(1), not later than 30 days after the submission 

13 of such certifications, the Comptroller General shall sub14 mit to the relevant congressional committees a report on 

15 whether the recommendations described in subsection (a) 

16 have been implemented and whether the policy goals de17 scribed in subsection (a) have been achieved. 

18 (d) RELEVANT CONGRESSIONAL COMMITTEES.—For 

19 purposes of this section, the term ‘‘relevant congressional 

20 committees’’ means the the following: 

21 (1) The Committee on Homeland Security of 

22 the House of Representatives. 

23 (2) The Committee on Government Reform of 

24 the House of Representatives. 


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1 (3) The Committee on Transportation and In2 frastructure of the House of Representatives. 

3 (4) The Committee on Homeland Security and 

4 Governmental Affairs of the Senate. 

5 (5) The Committee on Environment and Public 

6 Works of the Senate. 

7 SEC. 133. BIOMETRIC ENTRY AND EXIT DATA SYSTEM. 

8 (a) REPORT; CERTIFICATION.—Not later than 30 

9 days after the date of the enactment of this Act, and every 

10 30 days thereafter, the Secretary of Homeland Security 

11 shall submit to the relevant congressional committees a 

12 report on the recommendations of the 9/11 Commission 

13 and the policy goals of the Intelligence Reform and Ter14 rorism Prevention Act of 2004 (Public Law 108–458) 

15 with respect to the completion of a biometric entry and 

16 exit data system. Each such report shall include— 

17 (1) a certification that such recommendations 

18 have been implemented and such policy goals have 

19 been achieved; or 

20 (2) if the Secretary of Homeland Security is 

21 unable to make the certification described in para22 graph (1), a description of— 

23 (A) the steps taken to implement such rec24 ommendations and achieve such policy goals; 


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1 (B) when such recommendations are ex2 pected to be implemented and such policy goals 

3 to be achieved; and 

4 (C) any allocation of resources or other ac5 tions by Congress the Secretary considers nec6 essary to implement such recommendations and 

7 achieve such policy goals. 

8 (b) TERMINATION OF DUTY TO REPORT.—The duty 

9 to submit a report under subsection (a) shall terminate 

10 when the Secretary of Homeland Security submits a cer11 tification pursuant to subsection (a)(1). 

12 (c) GAO REVIEW OF CERTIFICATION.—If the Sec13 retary of Homeland Security submits a certification pursu14 ant to subsection (a)(1), not later than 30 days after the 

15 submission of such certification, the Comptroller General 

16 shall submit to the relevant congressional committees a 

17 report on whether the recommendations described in sub18 section (a) have been implemented and whether the policy 

19 goals described in subsection (a) have been achieved. 

20 (d) RELEVANT CONGRESSIONAL COMMITTEES.—For 

21 purposes of this section, the term ‘‘relevant congressional 

22 committees’’ means the the following: 

23 (1) The Committee on Homeland Security of 

24 the House of Representatives. 


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1 (2) The Committee on Government Reform of 

2 the House of Representatives. 

3 (3) The Committee on the Judiciary of the 

4 House of Representatives. 

5 (4) The Committee on Homeland Security and 

6 Governmental Affairs of the Senate. 

7 (5) The Committee on the Judiciary of the Sen8 ate. 

9 SEC. 134. INTERNATIONAL COLLABORATION ON BORDER 

10 AND DOCUMENT SECURITY. 

11 (a) REPORT; CERTIFICATION.—Not later than 30 

12 days after the date of the enactment of this Act, and every 

13 30 days thereafter, the Secretary of Homeland Security 

14 and the Secretary of State shall each submit to the rel15 evant congressional committees a report on the rec16 ommendations of the 9/11 Commission and the policy 

17 goals of the Intelligence Reform and Terrorism Prevention 

18 Act of 2004 (Public Law 108–458) with respect to inter19 national collaboration on border and document security. 

20 Each such report shall include— 

21 (1) a certification that such recommendations 

22 have been implemented and such policy goals have 

23 been achieved; or 

24 (2) if either the Secretary of Homeland Secu25 rity or the Secretary of State is unable to make the 


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1 certification described in paragraph (1), a descrip2 tion of— 

3 (A) the steps taken to implement such rec4 ommendations and achieve such policy goals; 

5 (B) when such recommendations are ex6 pected to be implemented and such policy goals 

7 to be achieved; and 

8 (C) any allocation of resources or other ac9 tions by Congress considered necessary to im10 plement such recommendations and achieve 

11 such policy goals. 

12 (b) TERMINATION OF DUTY TO REPORT.—The duty 

13 of the Secretary of Homeland Security to submit a report 

14 under subsection (a) shall terminate when the Secretary 

15 of Homeland Security submits a certification pursuant to 

16 subsection (a)(1). The duty of the Secretary of State to 

17 submit a report under subsection (a) shall terminate when 

18 the Secretary of State submits a certification pursuant to 

19 subsection (a)(1). 

20 (c) GAO REVIEW OF CERTIFICATION.—If the Sec21 retary of Homeland Security and the Secretary of State 

22 both submit certifications pursuant to subsection (a)(1), 

23 not later than 30 days after the submission of such certifi24 cations, the Comptroller General shall submit to the rel25 evant congressional committees a report on whether the 


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1 recommendations described in subsection (a) have been 

2 implemented and whether the policy goals described in 

3 subsection (a) have been achieved. 

4 (d) WATCH LIST.—The Comptroller General shall 

5 submit to the relevant congressional committees a report 

6 assessing the sharing of the consolidated and integrated 

7 terrorist watch list maintained by the Federal Government 

8 with countries designated to participate in the visa waiver 

9 program established under section 217 of the Immigration 

10 and Nationality Act (8 U.S.C. 1187). 

11 (e) FINGERPRINTING IN DOMESTIC AND FOREIGN

12 PASSPORTS.— 

13 (1) USE IN UNITED STATES PASSPORTS.— 

14 (A) IN GENERAL.—Section 215(b) of the 

15 Immigration and Nationality Act (8 U.S.C. 

16 1185(b)) is amended by inserting after ‘‘pass17 port’’ the following: ‘‘that contains the finger18 prints of the citizen involved’’. 

19 (B) EFFECTIVE DATE.—The amendment 

20 made by subparagraph (A) shall apply to pass21 ports issued on or after the date that is 90 days 

22 after the date of the enactment of this Act. 

23 (2) USE IN FOREIGN PASSPORTS.— 

24 (A) IN GENERAL.—Section 212(a)(7) of 

25 such Act (8 U.S.C. 1182(a)(7)) is amended by 


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1 adding at the end the following new subpara2 graph: 

3 ‘‘(C) REQUIREMENT FOR FINGERPRINTS

4 ON PASSPORTS.—No passport of an alien shall 

5 be considered valid for purposes of subpara6 graph (A) or (B) unless the passport contains 

7 the fingerprints of the alien.’’. 

8 (B) EFFECTIVE DATE.—The amendment 

9 made by subparagraph (A) shall apply to aliens 

10 applying for admission to the United States on 

11 or after the date that is 90 days after the date 

12 of the enactment of this Act. 

13 (f) RELEVANT CONGRESSIONAL COMMITTEES.—For 

14 purposes of this section, the term ‘‘relevant congressional 

15 committees’’ means the the following: 

16 (1) The Committee on Homeland Security of 

17 the House of Representatives. 

18 (2) The Committee on Government Reform of 

19 the House of Representatives. 

20 (3) The Committee on the International Rela21 tions of the House of Representatives. 

22 (4) The Committee on the Judiciary of the 

23 House of Representatives. 

24 (5) The Committee on Homeland Security and 

25 Governmental Affairs of the Senate. 


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1 (6) The Committee on the Judiciary of the Sen2 ate. 

3 (7) The Committee on Foreign Relations of the 

4 Senate. 

5 SEC. 135. STANDARDIZATION OF SECURE IDENTIFICATION. 

6 (a) REPORT; CERTIFICATION.—Not later than 30 

7 days after the date of the enactment of this Act, and every 

8 30 days thereafter, the Secretary of Homeland Security 

9 and the Secretary of Health and Human Services shall 

10 each submit to the relevant congressional committees a re11 port on the recommendations of the 9/11 Commission and 

12 the policy goals of the Intelligence Reform and Terrorism 

13 Prevention Act of 2004 (Public Law 108–458) with re14 spect to the establishment of standardization of secure 

15 identification. Each such report shall include— 

16 (1) a certification that such recommendations 

17 have been implemented and such policy goals have 

18 been achieved; or 

19 (2) if either the Secretary of Homeland Secu20 rity or the Secretary of Health and Human Services 

21 is unable to make the certification described in para22 graph (1), a description of— 

23 (A) the steps taken to implement such rec24 ommendations and achieve such policy goals; 


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1 (B) when such recommendations are ex2 pected to be implemented and such policy goals 

3 to be achieved; and 

4 (C) any allocation of resources or other ac5 tions by Congress the Secretary considers nec6 essary to implement such recommendations and 

7 achieve such policy goals. 

8 (b) TERMINATION OF DUTY TO REPORT.—The duty 

9 to submit a report under subsection (a) shall terminate— 

10 (1) for the Secretary of Homeland Security, 

11 when the Secretary of Homeland Security submits a 

12 certification pursuant to subsection (a)(1); and 

13 (2) for the Secretary of Health and Human 

14 Services, when the Secretary of Health and Human 

15 Services submits a certification pursuant to sub16 section (a)(1). 

17 (c) GAO REVIEW OF CERTIFICATION.—If the Sec18 retary of Homeland Security and the Secretary of Health 

19 and Human Services submit certifications pursuant to 

20 subsection (a)(1), not later than 30 days after the submis21 sion of such certifications, the Comptroller General shall 

22 submit to the relevant congressional committees a report 

23 on whether the recommendations described in subsection 

24 (a) have been implemented and whether the policy goals 

25 described in subsection (a) have been achieved. 


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1 (d) RELEVANT CONGRESSIONAL COMMITTEES.—For 

2 purposes of this section, the term ‘‘relevant congressional 

3 committees’’ means the the following: 

4 (1) The Committee on Homeland Security of 

5 the House of Representatives. 

6 (2) The Committee on Government Reform of 

7 the House of Representatives. 

8 (3) The Committee on the Judiciary of the 

9 House of Representatives. 

10 (4) The Committee on Ways and Means of the 

11 House of Representatives. 

12 (5) The Committee on Finance of the Senate. 

13 (6) The Committee on Homeland Security and 

14 Governmental Affairs of the Senate. 

15 SEC. 136. SECURITY ENHANCEMENTS FOR SOCIAL SECU16 RITY CARDS. 

17 (a) REPORT; CERTIFICATION.—Not later than 30 

18 days after the date of the enactment of this Act, and every 

19 30 days thereafter, the Commissioner of Social Security 

20 shall submit to the relevant congressional committees a 

21 report on the recommendations of the 9/11 Commission 

22 and the policy goals of the Intelligence Reform and Ter23 rorism Prevention Act of 2004 (Public Law 108–458) 

24 with respect to security enhancements for social security 

25 cards and the implementation of section 


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1 205(c)(2)(C)(iv)(II) of the Social Security Act (42 U.S.C. 

2 405(c)(2)(C)(iv)(II)) (as added by section 7214 of the In3 telligence Reform and Terrorism Prevention Act of 2004 

4 (Public Law 108–458)). Each such report shall include— 

5 (1) a certification that such recommendations 

6 have been implemented and such policy goals have 

7 been achieved; or 

8 (2) if the Commissioner of Social Security is 

9 unable to make the certification described in para10 graph (1), a description of— 

11 (A) the steps taken to implement such rec12 ommendations and achieve such policy goals; 

13 (B) when such recommendations are ex14 pected to be implemented and such policy goals 

15 to be achieved; and 

16 (C) any allocation of resources or other ac17 tions by Congress the Commissioner considers 

18 necessary to implement such recommendations 

19 and achieve such policy goals. 

20 (b) TERMINATION OF DUTY TO REPORT.—The duty 

21 to submit a report under subsection (a) shall terminate 

22 when the Commissioner of Social Security submits a cer23 tification pursuant to subsection (a)(1). 

24 (c) GAO REVIEW OF CERTIFICATION.—If the Com25 missioner of Social Security submits a certification pursuVerDate Aug 31 2005 02:14 Jun 10, 2006 Jkt 049200 PO 00000 Frm 00090 Fmt 6652 Sfmt 6201 E:\BILLS\S3456.IS S3456

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1 ant to subsection (a)(1), not later than 30 days after the 

2 submission of such certification, the Comptroller General 

3 shall submit to the relevant congressional committees a 

4 report on whether the recommendations described in sub5 section (a) have been implemented and whether the policy 

6 goals described in subsection (a) have been achieved. 

7 (d) RELEVANT CONGRESSIONAL COMMITTEES.—For 

8 purposes of this section, the term ‘‘relevant congressional 

9 committees’’ means the the following: 

10 (1) The Committee on Homeland Security of 

11 the House of Representatives. 

12 (2) The Committee on Government Reform of 

13 the House of Representatives. 

14 (3) The Committee on the Judiciary of the 

15 House of Representatives. 

16 (4) The Committee on Ways and Means of the 

17 House of Representatives. 

18 (5) The Committee on Finance of the Senate. 

19 (6) The Committee on Homeland Security and 

20 Governmental Affairs of the Senate. 


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1 TITLE II—REFORMING THE 

2 INSTITUTIONS OF GOVERNMENT 

3 Subtitle A—Intelligence 

4 Community 

5 SEC. 201. REPORT ON DIRECTOR OF NATIONAL INTEL6 LIGENCE. 

7 (a) REPORT; CERTIFICATION.—Not later than 30 

8 days after the date of the enactment of this Act, and every 

9 30 days thereafter, the Director of National Intelligence 

10 shall submit to the relevant congressional committees a 

11 report on the recommendations of the 9/11 Commission 

12 and the policy goals of the Intelligence Reform and Ter13 rorism Prevention Act of 2004 (Public Law 108–458) 

14 with respect to the Director of National Intelligence. Such 

15 report shall include— 

16 (1) a certification by the Director of National 

17 Intelligence that such recommendations have been 

18 implemented and such policy goals have been 

19 achieved; or 

20 (2) if the Director of National Intelligence is 

21 unable to make the certification described in para22 graph (1), a description of— 

23 (A) the steps taken to implement such rec24 ommendations and achieve such policy goals; 


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1 (B) when the Director of National Intel2 ligence expects such recommendations to be im3 plemented and such policy goals to be achieved; 

4 and 

5 (C) any allocation of resources or other ac6 tions by Congress the Director considers nec7 essary to implement such recommendations and 

8 achieve such policy goals. 

9 (b) TERMINATION OF DUTY TO REPORT.—The duty 

10 to submit a report under subsection (a) shall terminate 

11 when the Director of National Intelligence submits a cer12 tification pursuant to subsection (a)(1). 

13 (c) GAO REVIEW OF CERTIFICATION.—If the Direc14 tor of National Intelligence submits a certification pursu15 ant to subsection (a)(1), not later than 30 days after the 

16 submission of such certification, the Comptroller General 

17 shall submit to the relevant congressional committees a 

18 report on whether the recommendations described in sub19 section (a) have been implemented and whether the policy 

20 goals described in subsection (a) have been achieved. 

21 (d) GAO REPORT ON DNI EXERCISE OF AUTHOR22 ITY.— 

23 (1) ANNUAL REPORT.—Not later than 90 days 

24 after the date of the enactment of this Act, and an25 nually thereafter, the Comptroller General shall subVerDate Aug 31 2005 02:14 Jun 10, 2006 Jkt 049200 PO 00000 Frm 00093 Fmt 6652 Sfmt 6201 E:\BILLS\S3456.IS S3456

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1 mit to the relevant congressional committees a re2 port on whether— 

3 (A) the Director of National Intelligence 

4 has been able to properly exercise the authority 

5 of the Office of the Director of National Intel6 ligence, including budget and personnel author7 ity; and 

8 (B) information sharing among the intel9 ligence community is a high priority. 

10 (2) TERMINATION.—The duty to submit a re11 port under paragraph (1) shall terminate when the 

12 Comptroller General certifies to the relevant con13 gressional committees that the recommendations of 

14 the 9/11 Commission and the policy goals of the In15 telligence Reform and Terrorism Prevention Act of 

16 2004 (Public Law 108–458) with respect to the Di17 rector of National Intelligence have been achieved. 

18 SEC. 202. REPORT ON NATIONAL COUNTERTERRORISM 

19 CENTER. 

20 (a) REPORT; CERTIFICATION.—Not later than 30 

21 days after the date of the enactment of this Act, and every 

22 30 days thereafter, the Director of National Intelligence 

23 shall submit to the relevant congressional committees a 

24 report on the recommendations of the 9/11 Commission 

25 and the policy goals of the Intelligence Reform and TerVerDate Aug 31 2005 02:14 Jun 10, 2006 Jkt 049200 PO 00000 Frm 00094 Fmt 6652 Sfmt 6201 E:\BILLS\S3456.IS S3456

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1 rorism Prevention Act of 2004 (Public Law 108–458) 

2 with respect to the establishment of a National 

3 Counterterrorism Center. Such report shall include— 

4 (1) a certification by the Director of National 

5 Intelligence that such recommendations have been 

6 implemented and such policy goals have been 

7 achieved; or 

8 (2) if the Director of National Intelligence is 

9 unable to make the certification described in para10 graph (1), a description of— 

11 (A) the steps taken to implement such rec12 ommendations and achieve such policy goals; 

13 (B) when the Director of National Intel14 ligence expects such recommendations to be im15 plemented and such policy goals to be achieved; 

16 and 

17 (C) any allocation of resources or other ac18 tions by Congress the Director considers nec19 essary to implement such recommendations and 

20 achieve such policy goals. 

21 (b) TERMINATION OF DUTY TO REPORT.—The duty 

22 to submit a report under subsection (a) shall terminate 

23 when the Director of National Intelligence submits a cer24 tification pursuant to subsection (a)(1). 


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1 (c) GAO REVIEW OF CERTIFICATION.—If the Direc2 tor of National Intelligence submits a certification pursu3 ant to subsection (a)(1), not later than 30 days after the 

4 submission of such certification, the Comptroller General 

5 shall submit to the relevant congressional committees a 

6 report on whether the recommendations described in sub7 section (a) have been implemented and whether the policy 

8 goals described in subsection (a) have been achieved. 

9 SEC. 203. REPORT ON CREATION OF A FEDERAL BUREAU 

10 OF INVESTIGATION NATIONAL SECURITY 

11 WORKFORCE. 

12 (a) REPORT; CERTIFICATION.—Not later than 30 

13 days after the date of the enactment of this Act, and every 

14 30 days thereafter, the Director of the Federal Bureau 

15 of Investigation shall submit to the relevant congressional 

16 committees a report on the recommendations of the 9/11 

17 Commission and the policy goals of the Intelligence Re18 form and Terrorism Prevention Act of 2004 (Public Law 

19 108–458) with respect to the creation of a Federal Bureau 

20 of Investigation national security workforce. Such report 

21 shall include— 

22 (1) a certification by the Director of the Fed23 eral Bureau of Investigation that such recommenda24 tions have been implemented and such policy goals 

25 have been achieved; or 


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1 (2) if the Director of the Federal Bureau of In2 vestigation is unable to make the certification de3 scribed in paragraph (1), a description of— 

4 (A) the steps taken to implement such rec5 ommendations and achieve such policy goals; 

6 (B) when the Director of the Federal Bu7 reau of Investigation expects such recommenda8 tions to be implemented and such policy goals 

9 to be achieved; and 

10 (C) any allocation of resources or other ac11 tions by Congress the Director of the Federal 

12 Bureau of Investigation considers necessary to 

13 implement such recommendations and achieve 

14 such policy goals. 

15 (b) TERMINATION OF DUTY TO REPORT.—The duty 

16 to submit a report under subsection (a) shall terminate 

17 when the Director of the Federal Bureau of Investigation 

18 submits a certification pursuant to subsection (a)(1). 

19 (c) GAO REVIEW OF CERTIFICATION.—If the Direc20 tor of the Federal Bureau of Investigation submits a cer21 tification pursuant to subsection (a)(1), not later than 30 

22 days after the submission of such certification, the Comp23 troller General shall submit to the relevant congressional 

24 committees a report on whether the recommendations de25 scribed in subsection (a) have been implemented and 


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1 whether the policy goals described in subsection (a) have 

2 been achieved. 

3 (d) GAO REPORT ON CREATION OF FBI NATIONAL

4 SECURITY WORKFORCE.— 

5 (1) ANNUAL REPORT.—Not later than 90 days 

6 after the date of the enactment of this Act, and an7 nually thereafter, the Comptroller General shall sub8 mit to the relevant congressional committees a re9 port on whether— 

10 (A) there is a sense of urgency within the 

11 Federal Bureau of Investigation to create a na12 tional security workforce to carry out the do13 mestic counterterrorism mission of the Federal 

14 Bureau of Investigation; 

15 (B) the Federal Bureau of Investigation is 

16 on track to create such a workforce; and 

17 (C) the culture of the Federal Bureau of 

18 Investigation allows the Federal Bureau of In19 vestigation to meet its new challenges and suc20 ceed in its counterterrorism role. 

21 (2) TERMINATION.—The duty to submit a re22 port under paragraph (1) shall terminate when the 

23 Comptroller General certifies to the relevant con24 gressional committees that the recommendations of 

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1 telligence Reform and Terrorism Prevention Act of 

2 2004 (Public Law 108–458) with respect to the cre3 ation of a Federal Bureau of Investigation national 

4 security workforce have been achieved. 

5 SEC. 204. REPORT ON NEW MISSIONS FOR THE DIRECTOR 

6 OF THE CENTRAL INTELLIGENCE AGENCY. 

7 (a) REPORT; CERTIFICATION.—Not later than 30 

8 days after the date of the enactment of this Act, and every 

9 30 days thereafter, the Director of National Intelligence 

10 shall submit to the relevant congressional committees a 

11 report on the recommendations of the 9/11 Commission 

12 and the policy goals of the Intelligence Reform and Ter13 rorism Prevention Act of 2004 (Public Law 108–458) 

14 with respect to the new mission of the Director of the Cen15 tral Intelligence Agency. Such report shall include— 

16 (1) a certification by the Director of National 

17 Intelligence that such recommendations have been 

18 implemented and such policy goals have been 

19 achieved; or 

20 (2) if the Director of National Intelligence is 

21 unable to make the certification described in para22 graph (1), a description of— 

23 (A) the steps taken to implement such rec24 ommendations and achieve such policy goals; 


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1 (B) when the Director of National Intel2 ligence expects such recommendations to be im3 plemented and such policy goals to be achieved; 

4 and 

5 (C) any allocation of resources or other ac6 tions by Congress the Director considers nec7 essary to implement such recommendations and 

8 achieve such policy goals. 

9 (b) TERMINATION OF DUTY TO REPORT.—The duty 

10 to submit a report under subsection (a) shall terminate 

11 when the Director of National Intelligence submits a cer12 tification pursuant to subsection (a)(1). 

13 (c) GAO REVIEW OF CERTIFICATION.—If the Direc14 tor of National Intelligence submits a certification pursu15 ant to subsection (a)(1), not later than 30 days after the 

16 submission of such certification, the Comptroller General 

17 shall submit to the relevant congressional committees a 

18 report on whether the recommendations described in sub19 section (a) have been implemented and whether the policy 

20 goals described in subsection (a) have been achieved. 

21 (d) GAO REPORT ON DIRECTOR OF THE CENTRAL

22 INTELLIGENCE AGENCY.— 

23 (1) ANNUAL REPORT.—Not later than 90 days 

24 after the date of the enactment of this Act, and an25 nually thereafter, the Comptroller General shall subVerDate Aug 31 2005 02:14 Jun 10, 2006 Jkt 049200 PO 00000 Frm 00100 Fmt 6652 Sfmt 6201 E:\BILLS\S3456.IS S3456

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1 mit to the relevant congressional committees a re2 port on whether the Director of the Central Intel3 ligence Agency has strong, determined leadership 

4 committed to accelerating the pace of the reforms 

5 underway. 

6 (2) TERMINATION.—The duty to submit a re7 port under paragraph (1) shall terminate when the 

8 Comptroller General certifies to the relevant con9 gressional committees that the recommendations of 

10 the 9/11 Commission and the policy goals of the In11 telligence Reform and Terrorism Prevention Act of 

12 2004 (Public Law 108–458) with respect to the Di13 rector of the Central Intelligence Agency have been 

14 achieved. 

15 (e) SENSE OF CONGRESS.—It is the sense of Con16 gress that Congress and the leadership of the Central In17 telligence Agency should— 

18 (1) regularly evaluate the effectiveness of the 

19 national clandestine service structure to determine if 

20 it improves coordination of human intelligence collec21 tion operations and produces better intelligence re22 sults; and 

23 (2) address morale and personnel issues at the 

24 Central Intelligence Agency to ensure the Central 


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1 Intelligence Agency remains an effective arm of na2 tional power. 

3 SEC. 205. REPORT ON INCENTIVES FOR INFORMATION 

4 SHARING. 

5 (a) REPORT; CERTIFICATION.—Not later than 30 

6 days after the date of the enactment of this Act, and every 

7 30 days thereafter, the Director of the Office of Manage8 ment and Budget, in consultation with the Director of Na9 tional Intelligence, shall submit to the relevant congres10 sional committees a report on the recommendations of the 

11 9/11 Commission and the policy goals of the Intelligence 

12 Reform and Terrorism Prevention Act of 2004 (Public 

13 Law 108–458) with respect to the creation of incentives 

14 for information sharing across the Federal Government 

15 and with State and local authorities. Such report shall in16 clude— 

17 (1) a certification by the Director of the Office 

18 of Management and Budget that such recommenda19 tions have been implemented and such policy goals 

20 have been achieved; or 

21 (2) if the Director of the Office of Management 

22 and Budget is unable to make the certification de23 scribed in paragraph (1), a description of— 

24 (A) the steps taken to implement such rec25 ommendations and achieve such policy goals; 


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1 (B) when the Director of National Intel2 ligence expects such recommendations to be im3 plemented and such policy goals to be achieved; 

4 and 

5 (C) any allocation of resources or other ac6 tions by Congress the Director considers nec7 essary to implement such recommendations and 

8 achieve such policy goals. 

9 (b) TERMINATION OF DUTY TO REPORT.—The duty 

10 to submit a report under subsection (a) shall terminate 

11 when the Director of the Office of Management and Budg12 et submits a certification pursuant to subsection (a)(1). 

13 (c) GAO REVIEW OF CERTIFICATION.—If the Direc14 tor of the Office of Management and Budget submits a 

15 certification pursuant to subsection (a)(1), not later than 

16 30 days after the submission of such certification, the 

17 Comptroller General shall submit to the relevant congres18 sional committees a report on whether the recommenda19 tions described in subsection (a) have been implemented 

20 and whether the policy goals described in subsection (a) 

21 have been achieved. 


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1 SEC. 206. REPORT ON PRESIDENTIAL LEADERSHIP OF NA2 TIONAL SECURITY INSTITUTIONS IN THE IN3 FORMATION REVOLUTION. 

4 (a) REPORT; CERTIFICATION.—Not later than 30 

5 days after the date of the enactment of this Act, and every 

6 30 days thereafter, the Director of the Office of Manage7 ment and Budget, in consultation with the Director of Na8 tional Intelligence, shall submit to the relevant congres9 sional committees a report on the recommendations of the 

10 9/11 Commission and the policy goals of the Intelligence 

11 Reform and Terrorism Prevention Act of 2004 (Public 

12 Law 108–458) with respect to the leadership of the Presi13 dent of national security institutions into the information 

14 revolution. Such report shall include— 

15 (1) a certification by the Director of the Office 

16 of Management and Budget that such recommenda17 tions have been implemented and such policy goals 

18 have been achieved; or 

19 (2) if the Director of the Office of Management 

20 and Budget is unable to make the certification de21 scribed in paragraph (1), a description of— 

22 (A) the steps taken to implement such rec23 ommendations and achieve such policy goals; 

24 (B) when the Director of the Office of 

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1 ommendations to be implemented and such pol2 icy goals to be achieved; and 

3 (C) any allocation of resources or other ac4 tions by Congress the Director considers nec5 essary to implement such recommendations and 

6 achieve such policy goals. 

7 (b) TERMINATION OF DUTY TO REPORT.—The duty 

8 to submit a report under subsection (a) shall terminate 

9 when the Director of the Office of Management and Budg10 et submits a certification pursuant to subsection (a)(1). 

11 (c) GAO REVIEW OF CERTIFICATION.—If the Direc12 tor of the Office of Management and Budget submits a 

13 certification pursuant to subsection (a)(1), not later than 

14 30 days after the submission of such certification, the 

15 Comptroller General shall submit to the relevant congres16 sional committees a report on whether the recommenda17 tions described in subsection (a) have been implemented 

18 and whether the policy goals described in subsection (a) 

19 have been achieved. 

20 (d) GAO REPORT ON INFORMATION SYSTEMS.— 

21 (1) ANNUAL REPORT.—Not later than 90 days 

22 after the date of the enactment of this Act, and an23 nually thereafter, the Comptroller General shall sub24 mit to the relevant congressional committees a re25 port on whether the intelligence community has the 


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1 resources and Presidential support to change infor2 mation systems to enable information sharing, poli3 cies and procedures that compel sharing, and sys4 tems of performance evaluation to inform personnel 

5 on how well they carry out information sharing. 

6 (2) TERMINATION.—The duty to submit a re7 port under paragraph (1) shall terminate when the 

8 Comptroller General certifies to the relevant con9 gressional committees that the recommendations of 

10 the 9/11 Commission and the policy goals of the In11 telligence Reform and Terrorism Prevention Act of 

12 2004 (Public Law 108–458) with respect to the 

13 leadership of the President of national security insti14 tutions into the information revolution have been 

15 achieved. 

16 SEC. 207. HOMELAND AIRSPACE DEFENSE. 

17 (a) CERTIFICATION.—Not later than 30 days after 

18 the date of the enactment of this Act, and every 30 days 

19 thereafter, the Secretary of Homeland Security and the 

20 Secretary of Defense shall each submit to the specified 

21 congressional committees a certification as to whether the 

22 Federal Government has implemented the policy goals of 

23 the Intelligence Reform and Terrorism Prevention Act of 

24 2004 (Public Law 108–458) and the recommendations of 

25 the National Commission on Terrorist Attacks Upon the 


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1 United States regarding homeland and airspace defense. 

2 Each Secretary shall include with such certification rec3 ommendations if further congressional action is necessary. 

4 If a Secretary is unable to certify the goal in the first 

5 sentence, the Secretary shall report to the specified com6 mittees what steps have been taken towards implementa7 tion, when implementation can reasonably be expected to 

8 be completed, and whether additional resources or actions 

9 from the Congress are required for implementation. 

10 (b) COMPTROLLER GENERAL REPORT.—Within 30 

11 days of the submission of both certifications under sub12 section (a), the Comptroller General of the United States 

13 shall submit to the specified congressional committees a 

14 report verifying that the policy referred to in that sub15 section has in fact been implemented and recommenda16 tions of any additional congressional action necessary to 

17 implement the goals referred to in that subsection. 

18 (c) SPECIFIED CONGRESSIONAL COMMITTEES.—For 

19 purposes of this section, the term ‘‘specified congressional 

20 committees’’ means— 

21 (1) the Committee on Homeland Security, the 

22 Committee on Government Reform, and the Com23 mittee on Transportation and Infrastructure of the 

24 House of Representatives; and 


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1 (2) the Committee of Homeland Security and 

2 Governmental Affairs and the Committee on Envi3 ronment and Public Works of the Senate. 

4 SEC. 208. SEMIANNUAL REPORT ON PLANS AND STRATE5 GIES OF UNITED STATES NORTHERN COM6 MAND FOR DEFENSE OF THE UNITED STATES 

7 HOMELAND. 

8 (a) FINDINGS.—Consistent with the report of the Na9 tional Commission on Terrorist Attacks Upon the United 

10 States, Congress makes the following findings: 

11 (1) The primary responsibility for national de12 fense is with the Department of Defense and the 

13 secondary responsibility for national defense is with 

14 the Department of Homeland Security, and the two 

15 departments must have clear delineations of respon16 sibility. 

17 (2) Before September 11, 2001, the North 

18 American Aerospace Defense Command, which had 

19 responsibility for defending United States airspace 

20 on September 11, 2001— 

21 (A) focused on threats coming from out22 side the borders of the United States; and 

23 (B) had not increased its focus on ter24 rorism within the United States, even though 

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1 ligence on the possibility that terrorists might 

2 turn to hijacking and even the use of airplanes 

3 as missiles within the United States. 

4 (3) The United States Northern Command has 

5 been established to assume responsibility for defense 

6 within the United States. 

7 (b) SENSE OF CONGRESS.—It is the sense of Con8 gress that— 

9 (1) the Secretary of Defense should regularly 

10 assess the adequacy of the plans and strategies of 

11 the United States Northern Command with a view 

12 to ensuring that the United States Northern Com13 mand is prepared to respond effectively to all mili14 tary and paramilitary threats within the United 

15 States; and 

16 (2) the Committee on Armed Services of the 

17 Senate and the Committee on Armed Services of the 

18 House of Representatives should periodically review 

19 and assess the adequacy of those plans and strate20 gies. 

21 (c) SEMIANNUAL REPORT.—Not later than 90 days 

22 after the date of the enactment of this Act, and every 180 

23 days thereafter, the Secretary of Defense shall submit to 

24 the Committee on Armed Services of the Senate and the 

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1 atives a report describing the plans and strategies of the 

2 United States Northern Command to defend the United 

3 States against military and paramilitary threats within the 

4 United States. 

5 SEC. 209. RELEVANT CONGRESSIONAL COMMITTEES DE6 FINED. 

7 In this subtitle, the term ‘‘relevant congressional 

8 committees’’ means the Committee on Homeland Security, 

9 the Committee on Government Reform, and the Perma10 nent Select Committee on Intelligence of the House of 

11 Representatives and the Committee on Homeland Security 

12 and Government Affairs and the Select Committee on In13 telligence of the Senate. 

14 Subtitle B—Civil Liberties and 

15 Executive Power 

16 SEC. 211. REPORT ON THE BALANCE BETWEEN SECURITY 

17 AND CIVIL LIBERTIES. 

18 (a) REPORT; CERTIFICATION.—Not later than 30 

19 days after the date of the enactment of this Act, and every 

20 30 days thereafter, the Attorney General shall submit to 

21 the relevant congressional committees a report on the rec22 ommendations of the 9/11 Commission and the policy 

23 goals of the Intelligence Reform and Terrorism Prevention 

24 Act of 2004 (Public Law 108–458) with respect to the 


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1 balance between security and civil liberties. Such report 

2 shall include— 

3 (1) a certification by the Attorney General that 

4 such recommendations have been implemented and 

5 such policy goals have been achieved; or 

6 (2) if the Attorney General is unable to make 

7 the certification described in paragraph (1), a de8 scription of— 

9 (A) the steps taken to implement such rec10 ommendations and achieve such policy goals; 

11 (B) when the Attorney General expects 

12 such recommendations to be implemented and 

13 such policy goals to be achieved; and 

14 (C) any allocation of resources or other ac15 tions by Congress the Attorney General con16 siders necessary to implement such rec17 ommendations and achieve such policy goals. 

18 (b) TERMINATION OF DUTY TO REPORT.—The duty 

19 to submit a report under subsection (a) shall terminate 

20 when the Attorney General submits a certification pursu21 ant to subsection (a)(1). 

22 (c) GAO REVIEW OF CERTIFICATION.—If the Attor23 ney General submits a certification pursuant to subsection 

24 (a)(1), not later than 30 days after the submission of such 

25 certification, the Comptroller General shall submit to the 


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1 relevant congressional committees a report on whether the 

2 recommendations described in subsection (a) have been 

3 implemented and whether the policy goals described in 

4 subsection (a) have been achieved. 

5 SEC. 212. PRIVACY AND CIVIL LIBERTIES OVERSIGHT 

6 BOARD. 

7 (a) SHORT TITLE.—This section may be cited as the 

8 ‘‘9/11 Commission Civil Liberties Board Act’’. 

9 (b) FINDINGS.—Congress finds the following: 

10 (1) On July 22, 2004 the National Commission 

11 on Terrorist Attacks Upon the United States issued 

12 a report that included 41 specific recommendations 

13 to help prevent future terrorist attacks, including de14 tails of a global strategy and government reorganiza15 tion necessary to implement that strategy. 

16 (2) One of the recommendations focused on the 

17 protections of civil liberties. Specifically the following 

18 recommendation was made: ‘‘At this time of in19 creased and consolidated government authority, 

20 there should be a board within the executive branch 

21 to oversee adherence to the guidelines we rec22 ommend and the commitment the government makes 

23 to defend our civil liberties.’’. 

24 (3) The report also states that ‘‘the choice be25 tween security and liberty is a false choice, as nothVerDate Aug 31 2005 02:14 Jun 10, 2006 Jkt 049200 PO 00000 Frm 00112 Fmt 6652 Sfmt 6201 E:\BILLS\S3456.IS S3456

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1 ing is more likely to endanger America’s liberties 

2 than the success of a terrorist attack at home. Our 

3 History has shown that the insecurity threatens lib4 erty at home. Yet if our liberties are curtailed, we 

5 lose the values that we are struggling to defend.’’. 

6 (4) On December 17, 2004, Public Law 108– 

7 458, the National Intelligence Reform Act, was 

8 signed into law. This law created a civil liberties 

9 board that does not have the authority necessary to 

10 protect civil liberties. 

11 (5) The establishment and adequate funding of 

12 a Privacy and Civil Liberties Oversight Board was 

13 a crucial recommendation made by the 9/11 Com14 mission. 

15 (6) In its Final Report on 9/11 Commission 

16 Recommendations, the Commission noted ‘‘very little 

17 urgency’’ and ‘‘insufficient’’ funding as it relates to 

18 the establishment of the Privacy and Civil Liberties 

19 Oversight Board. 

20 (7) While the President’s budget submission for 

21 fiscal year 2006 included $750,000 for the Privacy 

22 and Civil Liberties Oversight Board, the President’s 

23 budget submission for fiscal year 2007 does not con24 tain a funding line for the Board. 


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1 (c) MAKING THE PRIVACY AND CIVIL LIBERTIES

2 OVERSIGHT BOARD INDEPENDENT.—Section 1061(b) of 

3 the Intelligence Reform and Terrorism Prevention Act of 

4 2004 is amended by striking ‘‘within the Executive Office 

5 of the President’’ and inserting ‘‘as an independent agency 

6 within the Executive branch’’. 

7 (d) REQUIRING ALL MEMBERS OF THE PRIVACY AND

8 CIVIL LIBERTIES OVERSIGHT BOARD BE CONFIRMED BY

9 THE SENATE.—Subsection (e) of section 1061 of the In10 telligence Reform and Terrorism Prevention Act of 2004 

11 is amended to read as follows: 

12 ‘‘(e) MEMBERSHIP.— 

13 ‘‘(1) MEMBERS.—The Board shall be composed 

14 of a full-time chairman and 4 additional members, 

15 who shall be appointed by the President, by and 

16 with the advice and consent of the Senate. 

17 ‘‘(2) QUALIFICATIONS.—Members of the Board 

18 shall be selected solely on the basis of their profes19 sional qualifications, achievements, public stature, 

20 expertise in civil liberties and privacy, and relevant 

21 experience, and without regard to political affiliation, 

22 but in no event shall more than 3 members of the 

23 Board be members of the same political party. The 

24 President shall, before appointing an individual who 

25 is not a member of the same political party as the 


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1 President consult with the leadership of that party, 

2 if any, in the Senate and House of Representatives. 

3 ‘‘(3) INCOMPATIBLE OFFICE.—An individual 

4 appointed to the Board may not, while serving on 

5 the Board, be an elected official, officer, or employee 

6 of the Federal Government, other than in the capac7 ity as a member of the Board. 

8 ‘‘(4) TERM.—Each member of the Board shall 

9 serve a term of six years, except that— 

10 ‘‘(A) a member appointed to a term of of11 fice after the commencement of such term may 

12 serve under such appointment only for the re13 mainder of such term; 

14 ‘‘(B) upon the expiration of the term of of15 fice of a member, the member shall continue to 

16 serve until the member’s successor has been ap17 pointed and qualified, except that no member 

18 may serve under this subparagraph— 

19 ‘‘(i) for more than 60 days when Con20 gress is in session unless a nomination to 

21 fill the vacancy shall have been submitted 

22 to the Senate; or 

23 ‘‘(ii) after the adjournment sine die of 

24 the session of the Senate in which such 

25 nomination is submitted; and 


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1 ‘‘(C) the members initially appointed under 

2 this subsection shall serve terms of two, three, 

3 four, five, and six years, respectively, from the 

4 effective date of this Act, with the term of each 

5 such member to be designated by the President. 

6 ‘‘(5) QUORUM AND MEETINGS.—The Board 

7 shall meet upon the call of the chairman or a major8 ity of its members. Three members of the Board 

9 shall constitute a quorum.’’. 

10 (e) SUBPOENA POWER FOR THE PRIVACY AND CIVIL

11 LIBERTIES OVERSIGHT BOARD.—Section 1061(d) of the 

12 Intelligence Reform and Terrorism Prevention Act of 

13 2004 is amended— 

14 (1) so that subparagraph (D) of paragraph (1) 

15 reads as follows: 

16 ‘‘(D) require, by subpoena issued at the di17 rection of a majority of the members of the 

18 Board, persons (other than departments, agen19 cies, and elements of the executive branch) to 

20 produce any relevant information, documents, 

21 reports, answers, records, accounts, papers, and 

22 other documentary or testimonial evidence.’’; 

23 and 

24 (2) so that paragraph (2) reads as follows: 


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1 ‘‘(2) ENFORCEMENT OF SUBPOENA.—In the 

2 case of contumacy or failure to obey a subpoena 

3 issued under paragraph (1)(D), the United States 

4 district court for the judicial district in which the 

5 subpoenaed person resides, is served, or may be 

6 found may issue an order requiring such person to 

7 produce the evidence required by such subpoena.’’. 

8 (f) REPORTING REQUIREMENTS.— 

9 (1) DUTIES OF BOARD.—Paragraph (4) of sec10 tion 1061(c) of the Intelligence Reform and Ter11 rorism Prevention Act of 2004 is amended to read 

12 as follows: 

13 ‘‘(4) REPORTS.— 

14 ‘‘(A) RECEIPT, REVIEW, AND SUBMIS15 SION.— 

16 ‘‘(i) IN GENERAL.—The Board shall— 

17 ‘‘(I) receive and review reports 

18 from privacy officers and civil liberties 

19 officers described in section 212; and 

20 ‘‘(II) periodically submit, not less 

21 than semiannually, reports to the ap22 propriate committees of Congress, in23 cluding the Committees on the Judici24 ary of the Senate and the House of 

25 Representatives, the Committee on 


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1 Homeland Security and Governmental 

2 Affairs of the Senate, the Committee 

3 on Government Reform of the House 

4 of Representatives, the Select Com5 mittee on Intelligence of the Senate, 

6 and the Permanent Select Committee 

7 on Intelligence of the House of Rep8 resentatives, and to the President. 

9 Such reports shall be in unclassified form 

10 to the greatest extent possible, with a clas11 sified annex where necessary. 

12 ‘‘(ii) CONTENTS.—Not less than 2 re13 ports the Board submits each year under 

14 clause (i)(II) shall include— 

15 ‘‘(I) a description of the major 

16 activities of the Board during the pre17 ceding period; 

18 ‘‘(II) information on the findings, 

19 conclusions, and recommendations of 

20 the Board resulting from its advice 

21 and oversight functions under sub22 section (c); 

23 ‘‘(III) the minority views on any 

24 findings, conclusions, and rec25 ommendations of the Board resulting 


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1 from its advice and oversight func2 tions under subsection (c); and 

3 ‘‘(IV) each proposal reviewed by 

4 the Board under subsection (c)(1) 

5 that the Board advised against imple6 menting, but that notwithstanding 

7 such advice, was implemented. 

8 ‘‘(B) INFORMING THE PUBLIC.—The 

9 Board shall— 

10 ‘‘(i) make its reports, including its re11 ports to Congress, available to the public 

12 to the greatest extent that is consistent 

13 with the protection of classified informa14 tion and applicable law; and 

15 ‘‘(ii) hold public hearings and other16 wise inform the public of its activities, as 

17 appropriate and in a manner consistent 

18 with the protection of classified informa19 tion and applicable law.’’. 

20 (2) PRIVACY AND CIVIL LIBERTIES OFFI21 CERS.—Section 1062 of the Intelligence Reform and 

22 Terrorism Prevention Act of 2004 is amended to 

23 read as follows: 


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1 ‘‘SEC. 1062. PRIVACY AND CIVIL LIBERTIES OFFICERS. 

2 ‘‘(a) DESIGNATION AND FUNCTIONS.—The Attorney 

3 General, the Secretary of Defense, the Secretary of State, 

4 the Secretary of the Treasury, the Secretary of Health and 

5 Human Services, the Secretary of Homeland Security, the 

6 National Intelligence Director, the Director of the Central 

7 Intelligence Agency, any other entity within the intel8 ligence community (as defined in section 3 of the National 

9 Security Act of 1947 (50 U.S.C. 401a)), and the head of 

10 any other department, agency, or element of the executive 

11 branch designated by the Privacy and Civil Liberties Over12 sight Board to be appropriate for coverage under this sec13 tion shall designate not less than 1 senior officer to— 

14 ‘‘(1) assist the head of such department, agen15 cy, or element and other officials of such depart16 ment, agency, or element in appropriately consid17 ering privacy and civil liberties concerns when such 

18 officials are proposing, developing, or implementing 

19 laws, regulations, policies, procedures, or guidelines 

20 related to efforts to protect the Nation against ter21 rorism; 

22 ‘‘(2) periodically investigate and review depart23 ment, agency, or element actions, policies, proce24 dures, guidelines, and related laws and their imple25 mentation to ensure that such department, agency, 


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1 or element is adequately considering privacy and 

2 civil liberties in its actions; 

3 ‘‘(3) ensure that such department, agency, or 

4 element has adequate procedures to receive, inves5 tigate, respond to, and redress complaints from indi6 viduals who allege such department, agency, or ele7 ment has violated their privacy or civil liberties; and 

8 ‘‘(4) in providing advice on proposals to retain 

9 or enhance a particular governmental power the offi10 cer shall consider whether such department, agency, 

11 or element has established— 

12 ‘‘(A) that the power actually enhances se13 curity and the need for the power is balanced 

14 with the need to protect privacy and civil lib15 erties; 

16 ‘‘(B) that there is adequate supervision of 

17 the use by such department, agency, or element 

18 of the power to ensure protection of privacy and 

19 civil liberties; and 

20 ‘‘(C) that there are adequate guidelines 

21 and oversight to properly confine its use. 

22 ‘‘(b) EXCEPTION TO DESIGNATION AUTHORITY.— 

23 ‘‘(1) PRIVACY OFFICERS.—In any department, 

24 agency, or element referred to in subsection (a) or 

25 designated by the Board, which has a statutorily 


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1 created privacy officer, such officer shall perform the 

2 functions specified in subsection (a) with respect to 

3 privacy. 

4 ‘‘(2) CIVIL LIBERTIES OFFICERS.—In any de5 partment, agency, or element referred to in sub6 section (a) or designated by the Board, which has a 

7 statutorily created civil liberties officer, such officer 

8 shall perform the functions specified in subsection 

9 (a) with respect to civil liberties. 

10 ‘‘(c) SUPERVISION AND COORDINATION.—Each pri11 vacy officer or civil liberties officer described in subsection 

12 (a) or (b) shall— 

13 ‘‘(1) report directly to the head of the depart14 ment, agency, or element concerned; and 

15 ‘‘(2) coordinate their activities with the Inspec16 tor General of such department, agency, or element 

17 to avoid duplication of effort. 

18 ‘‘(d) AGENCY COOPERATION.—The head of each de19 partment, agency, or element shall ensure that each pri20 vacy officer and civil liberties officer— 

21 ‘‘(1) has the information, material, and re22 sources necessary to fulfill the functions of such offi23 cer; 

24 ‘‘(2) is advised of proposed policy changes; 

25 ‘‘(3) is consulted by decisionmakers; and 


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1 ‘‘(4) is given access to material and personnel 

2 the officer determines to be necessary to carry out 

3 the functions of such officer. 

4 ‘‘(e) REPRISAL FOR MAKING COMPLAINT.—No ac5 tion constituting a reprisal, or threat of reprisal, for mak6 ing a complaint or for disclosing information to a privacy 

7 officer or civil liberties officer described in subsection (a) 

8 or (b), or to the Privacy and Civil Liberties Oversight 

9 Board, that indicates a possible violation of privacy protec10 tions or civil liberties in the administration of the pro11 grams and operations of the Federal Government relating 

12 to efforts to protect the Nation from terrorism shall be 

13 taken by any Federal employee in a position to take such 

14 action, unless the complaint was made or the information 

15 was disclosed with the knowledge that it was false or with 

16 willful disregard for its truth or falsity. 

17 ‘‘(f) PERIODIC REPORTS.— 

18 ‘‘(1) IN GENERAL.—The privacy officers and 

19 civil liberties officers of each department, agency, or 

20 element referred to or described in subsection (a) or 

21 (b) shall periodically, but not less than quarterly, 

22 submit a report on the activities of such officers— 

23 ‘‘(A)(i) to the appropriate committees of 

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1 resentatives, the Committee on Homeland Secu2 rity and Governmental Affairs of the Senate, 

3 the Committee on Government Reform of the 

4 House of Representatives, the Select Committee 

5 on Intelligence of the Senate, and the Perma6 nent Select Committee on Intelligence of the 

7 House of Representatives; 

8 ‘‘(ii) to the head of such department, agen9 cy, or element; and 

10 ‘‘(iii) to the Privacy and Civil Liberties 

11 Oversight Board; and 

12 ‘‘(B) which shall be in unclassified form to 

13 the greatest extent possible, with a classified 

14 annex where necessary. 

15 ‘‘(2) CONTENTS.—Each report submitted under 

16 paragraph (1) shall include information on the dis17 charge of each of the functions of the officer con18 cerned, including— 

19 ‘‘(A) information on the number and types 

20 of reviews undertaken; 

21 ‘‘(B) the type of advice provided and the 

22 response given to such advice; 

23 ‘‘(C) the number and nature of the com24 plaints received by the department, agency, or 

25 element concerned for alleged violations; and 


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1 ‘‘(D) a summary of the disposition of such 

2 complaints, the reviews and inquiries conducted, 

3 and the impact of the activities of such officer. 

4 ‘‘(g) INFORMING THE PUBLIC.—Each privacy officer 

5 and civil liberties officer shall— 

6 ‘‘(1) make the reports of such officer, including 

7 reports to Congress, available to the public to the 

8 greatest extent that is consistent with the protection 

9 of classified information and applicable law; and 

10 ‘‘(2) otherwise inform the public of the activi11 ties of such officer, as appropriate and in a manner 

12 consistent with the protection of classified informa13 tion and applicable law. 

14 ‘‘(h) SAVINGS CLAUSE.—Nothing in this section shall 

15 be construed to limit or otherwise supplant any other au16 thorities or responsibilities provided by law to privacy offi17 cers or civil liberties officers. 

18 ‘‘(i) PROTECTIONS FOR HUMAN RESEARCH SUB19 JECTS.—The Secretary of Homeland Security shall ensure 

20 that the Department of Homeland Security complies with 

21 the protections for human research subjects, as described 

22 in part 46 of title 45, Code of Federal Regulations, or 

23 in equivalent regulations as promulgated by such Sec24 retary, with respect to research that is conducted or sup25 ported by such Department.’’. 


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1 (g) INCLUSION IN PRESIDENT’S BUDGET SUBMIS2 SION TO CONGRESS.—Section 1105(a) of title 31, United 

3 States Code, is amended by adding at the end the fol4 lowing new paragraph: 

5 ‘‘(36) a separate statement of the amount of 

6 appropriations requested for the Privacy and Civil 

7 Liberties Oversight Board.’’. 

8 (h) REPORT; CERTIFICATION.— 

9 (1) REPORT.—Not later than 30 days after the 

10 date of the enactment of this Act, and every 30 days 

11 thereafter, the Attorney General shall submit to the 

12 relevant congressional committees a report on on the 

13 extent to which the Administration has achieved and 

14 implemented the policy goals of Public Law 108–458 

15 and the recommendations of the 9/11 Commission 

16 regarding the implementation of the Privacy and 

17 Civil Liberties Oversight Board. Such report shall 

18 include— 

19 (A) a certification by the Attorney General 

20 that such recommendations have been imple21 mented and such policy goals have been 

22 achieved; or 

23 (B) if the Attorney General is unable to 

24 make the certification described in subpara25 graph (A), a description of— 


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1 (i) the steps taken to implement such 

2 recommendations and achieve such policy 

3 goals; 

4 (ii) when the Attorney General ex5 pects such recommendations to be imple6 mented and such policy goals to be 

7 achieved; and 

8 (iii) any allocation of resources or 

9 other actions by Congress the Attorney 

10 General considers necessary to implement 

11 such recommendations and achieve such 

12 policy goals. 

13 (2) TERMINATION OF DUTY TO REPORT.—The 

14 duty to submit a report under paragraph (1) shall 

15 terminate when the Attorney General submits a cer16 tification pursuant to paragraph (1)(A). 

17 (3) GAO REVIEW OF CERTIFICATION.—If the 

18 Attorney General submits a certification pursuant to 

19 paragraph (1), not later than 30 days after the sub20 mission of such certification, the Comptroller Gen21 eral shall submit to the relevant congressional com22 mittees a report on whether the recommendations 

23 described in paragraph (1) have been implemented 

24 and whether the policy goals described in paragraph 

25 (1) have been achieved. 


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1 SEC. 213. SET PRIVACY GUIDELINES FOR GOVERNMENT 

2 SHARING OF PERSONAL INFORMATION. 

3 (a) REPORT.—Not later than 30 days after the date 

4 of the enactment of this Act, and every 30 days thereafter, 

5 the Attorney General shall submit to the relevant congres6 sional committees a report on on the extent to which the 

7 Administration has achieved and implemented the policy 

8 goals of Public Law 108–458 and the recommendations 

9 of the 9/11 Commission regarding the privacy guidelines 

10 for government sharing of personal information. Such re11 port shall include— 

12 (1) a certification by the Attorney General that 

13 such recommendations have been implemented and 

14 such policy goals have been achieved; or 

15 (2) if the Attorney General is unable to make 

16 the certification described in paragraph (1), a de17 scription of— 

18 (A) the steps taken to implement such rec19 ommendations and achieve such policy goals; 

20 (B) when the Attorney General expects 

21 such recommendations to be implemented and 

22 such policy goals to be achieved; and 

23 (C) any allocation of resources or other ac24 tions by Congress the Attorney General con25 siders necessary to implement such rec26 ommendations and achieve such policy goals. 


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1 (b) TERMINATION OF DUTY TO REPORT.—The duty 

2 to submit a report under subsection (a) shall terminate 

3 when the Attorney General submits a certification pursu4 ant to subsection (a)(1). 

5 (c) GAO REVIEW OF CERTIFICATION.—If the Attor6 ney General submits a certification pursuant to subsection 

7 (a), not later than 30 days after the submission of such 

8 certification, the Comptroller General shall submit to the 

9 relevant congressional committees a report on whether the 

10 recommendations described in paragraph (1) have been 

11 implemented and whether the policy goals described in 

12 subsection (A) have been achieved. 

13 SEC. 214. DEFINITION OF RELEVANT CONGRESSIONAL 

14 COMMITTEES FOR SUBTITLE. 

15 As used in this subtitle, the term ‘‘relevant commit16 tees’’ means the Committee on Homeland Security of the 

17 House of Representatives, the Committee on Government 

18 Reform of the House of Representatives, the Committee 

19 on Homeland Security and Governmental Affairs of the 

20 Senate, the Committees on the Judiciary of the Senate 

21 and House of Representatives, the Select Committee on 

22 Intelligence of the Senate, and the Permanent Select Com23 mittee on Intelligence of the House of Representatives. 


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1 Subtitle C—Homeland Security 

2 Committees 

3 CHAPTER 1—HOMELAND SECURITY RE4 FORM IN THE HOUSE OF REPRESENT5 ATIVES 

6 SEC. 221. COMMITTEE ON HOMELAND SECURITY. 

7 Clause 1 of rule X of the Rules of the House of Rep8 resentatives is amended by redesignating paragraphs (i) 

9 through (s) as paragraphs (j) through (t), respectively, 

10 and by inserting after paragraph (h) the following new 

11 paragraph: 

12 ‘‘(i) COMMITTEE ON HOMELAND SECURITY.— 

13 ‘‘(1) The Department of Homeland Security 

14 ‘‘(2) Homeland security, generally. 

15 The committee shall have exclusive jurisdiction over the 

16 matters referred to in subparagraphs (1) and (2).’’. 

17 SEC. 222. COMMITTEE ON INTELLIGENCE. 

18 (a) Clause 1 of rule X of the Rules of the House of 

19 Representatives (as amended by section 301) is further 

20 amended by redesignating paragraphs (k) through (t) as 

21 paragraphs (l) through (u), respectively, and by inserting 

22 after paragraph (j) (as redesignated by such section) the 

23 following new paragraph: 

24 ‘‘(k) COMMITTEE ON INTELLIGENCE.— 


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1 ‘‘(1) The Director of National Intelligence, the 

2 Central Intelligence Agency, the Director of Central 

3 Intelligence, and the National Foreign Intelligence 

4 Program as defined in section 3(6) of the National 

5 Security Act of 1947. 

6 ‘‘(2) Intelligence and intelligence-related activi7 ties of all other departments and agencies of the 

8 Government, including the tactical intelligence and 

9 intelligence-related activities of the Department of 

10 Defense. 

11 ‘‘(3) The organization or reorganization of a de12 partment or agency of the Government to the extent 

13 that the organization or reorganization relates to a 

14 function or activity involving intelligence or intel15 ligence-related activities. 

16 ‘‘(4) Authorizations for appropriations, both di17 rect and indirect, for the following: 

18 ‘‘(A) The Director of National Intelligence, 

19 the Central Intelligence Agency, the Director of 

20 Central Intelligence, and the National Foreign 

21 Intelligence Program as defined in section 3(6) 

22 of the National Security Act of 1947. 

23 ‘‘(B) Intelligence and intelligence-related 

24 activities of all other departments and agencies 

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1 ligence and intelligence-related activities of the 

2 Department of Defense. 

3 ‘‘(C) A department, agency, subdivision, or 

4 program that is a successor to an agency or 

5 program named or referred to in subdivision 

6 (A) or (B). 

7 The committee shall have exclusive jurisdiction over 

8 the matters referred to in subparagraphs (1) 

9 through (4).’’. 

10 (b) Clause 4 of rule X of the Rules of the House of 

11 Representatives is amended by adding at the end the fol12 lowing new paragraph: 

13 ‘‘(g)(1) For purposes of accountability to the House, 

14 the Committee on Intelligence shall make regular and 

15 periodic reports to the House on the nature and extent 

16 of the intelligence and intelligence-related activities of the 

17 various departments and agencies of the United States. 

18 The committee shall promptly call to the attention of the 

19 House, or to any other appropriate committee, a matter 

20 requiring the attention of the House or another com21 mittee. In making such report, the committee shall pro22 ceed in a manner consistent with subparagraph (7) to pro23 tect national security. 

24 ‘‘(2) The Committee on Intelligence shall obtain an25 nual reports from the Director of National Intelligence, 


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1 the Director of the Central Intelligence Agency, the Sec2 retary of Defense, the Secretary of State, and the Director 

3 of the Federal Bureau of Investigation. Such reports shall 

4 review the intelligence and intelligence-related activities of 

5 the agency or department concerned and the intelligence 

6 and intelligence-related activities of foreign countries di7 rected at the United States or its interests. An unclassified 

8 version of each report may be made available to the public 

9 at the discretion of the committee. Nothing herein shall 

10 be construed as requiring the public disclosure in such re11 ports of the names of persons engaged in intelligence or 

12 intelligence-related activities for the United States or the 

13 divulging of intelligence methods employed or the sources 

14 of information on which the reports are based or the 

15 amount of funds authorized to be appropriated for intel16 ligence and intelligence-related activities. 

17 ‘‘(3) Within six weeks after the President submits a 

18 budget under section 1105(a) of title 31, United States 

19 Code, or at such time as the Committee on the Budget 

20 may request, the Committee on Intelligence shall submit 

21 to the Committee on the Budget the views and estimates 

22 described in section 301(d) of the Congressional Budget 

23 Act of 1974 regarding matters within the jurisdiction of 

24 the committee. 


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1 ‘‘(4)(A) Except as specified in subdivision (B), 

2 clauses 8(a), (b), and (c) and 9(a), (b), and (c) of this 

3 rule, and clauses 1, 2, and 4 of rule XI shall apply to 

4 the Committee on Intelligence to the extent not incon5 sistent with this clause. 

6 ‘‘(B) Notwithstanding the requirements of the first 

7 sentence of clause 2(g)(2) of rule XI, in the presence of 

8 the number of members required under the rules of the 

9 Committee on Intelligence for the purpose of taking testi10 mony or receiving evidence, the committee may vote to 

11 close a hearing whenever a majority of those present deter12 mines that the testimony or evidence would endanger the 

13 national security. 

14 ‘‘(5) An employee of the Committee on Intelligence, 

15 or a person engaged by contract or otherwise to perform 

16 services for or at the request of the committee, may not 

17 be given access to any classified information by the com18 mittee unless such employee or person has— 

19 ‘‘(A) agreed in writing and under oath to be 

20 bound by the Rules of the House, including the ju21 risdiction of the Committee on Standards of Official 

22 Conduct and of the Committee on Intelligence con23 cerning the security of classified information during 

24 and after the period of his employment or contrac25 tual agreement with the committee; and 


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1 ‘‘(B) received an appropriate security clearance, 

2 as determined by the Committee on Intelligence in 

3 consultation with the Director of Central Intel4 ligence, that is commensurate with the sensitivity of 

5 the classified information to which such employee or 

6 person will be given access by the committee. 

7 ‘‘(6) The Committee on Intelligence shall formulate 

8 and carry out such rules and procedures as it considers 

9 necessary to prevent the disclosure, without the consent 

10 of each person concerned, of information in the possession 

11 of the committee that unduly infringes on the privacy or 

12 that violates the constitutional rights of such person. 

13 Nothing herein shall be construed to prevent the com14 mittee from publicly disclosing classified information in a 

15 case in which it determines that national interest in the 

16 disclosure of classified information clearly outweighs any 

17 infringement on the privacy of a person. 

18 ‘‘(7)(A) The Committee on Intelligence may disclose 

19 publicly any information in its possession after a deter20 mination by the committee that the public interest would 

21 be served by such disclosure. With respect to the disclo22 sure of information for which this subparagraph requires 

23 action by the committee— 


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1 ‘‘(i) the committee shall meet to vote on the 

2 matter within five days after a member of the com3 mittee requests a vote; and 

4 ‘‘(ii) a member of the committee may not make 

5 such a disclosure before a vote by the committee on 

6 the matter, or after a vote by the committee on the 

7 matter except in accordance with this subparagraph. 

8 ‘‘(B)(i) In a case in which the Committee on Intel9 ligence votes to disclose publicly any information that has 

10 been classified under established security procedures, that 

11 has been submitted to it by the executive branch, and that 

12 the executive branch requests be kept secret, the com13 mittee shall notify the President of such vote. 

14 ‘‘(ii) The Committee on Intelligence may disclose 

15 publicly such information after the expiration of a five16 day period following the day on which notice of the vote 

17 to disclose is transmitted to the President unless, before 

18 the expiration of the five-day period, the President, per19 sonally in writing, notifies the committee that he objects 

20 to the disclosure of such information, provides his reasons 

21 therefor, and certifies that the threat to the national inter22 est of the United States posed by the disclosure is of such 

23 gravity that it outweighs any public interest in the disclo24 sure. 


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1 ‘‘(iii) If the President, personally in writing, notifies 

2 the committee of his objections to the disclosure of infor3 mation as provided in clause (ii), the committee may, by 

4 majority vote, refer the question of the disclosure of such 

5 information, with a recommendation thereon, to the 

6 House. The committee may not publicly disclose such in7 formation without leave of the House. 

8 ‘‘(iv) Whenever the committee votes to refer the ques9 tion of disclosure of any information to the House under 

10 clause (iii), the chairman shall, not later than the first 

11 day on which the House is in session following the day 

12 on which the vote occurs, report the matter to the House 

13 for its consideration. 

14 ‘‘(v) If the chairman of the committee does not offer 

15 in the House a motion to consider in closed session a mat16 ter reported under clause (iv) within four calendar days 

17 on which the House is in session after the recommendation 

18 described in clause (iii) is reported, then such a motion 

19 shall be privileged when offered by a Member, Delegate, 

20 or Resident Commissioner. In either case such a motion 

21 shall be decided without debate or intervening motion ex22 cept one that the House adjourn. 

23 ‘‘(vi) Upon adoption by the House of a motion to re24 solve into closed session as described in clause (v), the 

25 Speaker may declare a recess subject to the call of the 


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1 Chair. At the expiration of the recess, the pending ques2 tion, in closed session, shall be, ‘Shall the House approve 

3 the recommendation of the committee?’. 

4 ‘‘(vii) Debate on the question described in clause (vi) 

5 shall be limited to two hours equally divided and controlled 

6 by the chairman and ranking minority member of the com7 mittee. After such debate the previous question shall be 

8 considered as ordered on the question of approving the 

9 recommendation without intervening motion except one 

10 motion that the House adjourn. The House shall vote on 

11 the question in open session but without divulging the in12 formation with respect to which the vote is taken. If the 

13 recommendation of the committee is not approved, then 

14 the question is considered as recommitted to the com15 mittee for further recommendation. 

16 ‘‘(C)(i) Information in the possession of the Com17 mittee on Intelligence relating to the lawful intelligence 

18 or intelligence-related activities of a department or agency 

19 of the United States that has been classified under estab20 lished security procedures, and that the committee has de21 termined should not be disclosed under subdivision (A) or 

22 (B), may not be made available to any person by a Mem23 ber, Delegate, Resident Commissioner, officer, or em24 ployee of the House except as provided in clause (ii). 


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1 ‘‘(ii) The Committee on Intelligence shall, under such 

2 regulations as it may prescribe, make information de3 scribed in clause (i) available to a committee or a Member, 

4 Delegate, or Resident Commissioner, and permit a Mem5 ber, Delegate, or Resident Commissioner to attend a hear6 ing of the committee that is closed to the public. Whenever 

7 the committee makes such information available, it shall 

8 keep a written record showing, in the case of particular 

9 information, which committee or which Member, Delegate, 

10 or Resident Commissioner received the information. A 

11 Member, Delegate, or Resident Commissioner who, and a 

12 committee that, receives information under this clause 

13 may not disclose the information except in a closed session 

14 of the House. 

15 ‘‘(D) The Committee on Standards of Official Con16 duct shall investigate any unauthorized disclosure of intel17 ligence or intelligence-related information by a Member, 

18 Delegate, Resident Commissioner, officer, or employee of 

19 the House in violation of subdivision (C) and report to 

20 the House concerning any allegation that it finds to be 

21 substantiated. 

22 ‘‘(E) Upon the request of a person who is subject to 

23 an investigation described in subdivision (D), the Com24 mittee on Standards of Official Conduct shall release to 

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1 mary of its investigation, together with its findings. If, at 

2 the conclusion of its investigation, the Committee on 

3 Standards of Official Conduct determines that there has 

4 been a significant breach of confidentiality or unauthor5 ized disclosure by a Member, Delegate, Resident Commis6 sioner, officer, or employee of the House, it shall report 

7 its findings to the House and recommend appropriate ac8 tion. Recommendations may include censure, removal 

9 from committee membership, or expulsion from the House, 

10 in the case of a Member, or removal from office or employ11 ment or punishment for contempt, in the case of an officer 

12 or employee. 

13 ‘‘(F) The Committee on Intelligence may permit a 

14 personal representative of the President, designated by the 

15 President to serve as a liaison to the committee, to attend 

16 any closed meeting of the committee. 

17 ‘‘(G) Subject to the Rules of the House, funds may 

18 not be appropriated for a fiscal year, with the exception 

19 of a bill or joint resolution continuing appropriations, or 

20 an amendment thereto, or a conference report thereon, to, 

21 or for use of, a department or agency of the United States 

22 to carry out any of the following activities, unless the 

23 funds shall previously have been authorized by a bill or 

24 joint resolution passed by the House during the same or 


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1 preceding fiscal year to carry out such activity for such 

2 fiscal year: 

3 ‘‘(i) The activities of the Central Intelligence 

4 Agency and the Director of Central Intelligence. 

5 ‘‘(ii) The activities of the Defense Intelligence 

6 Agency. 

7 ‘‘(iii) The activities of the National Security 

8 Agency. 

9 ‘‘(iv) The intelligence and intelligence-related 

10 activities of other agencies and subdivisions of the 

11 Department of Defense. 

12 ‘‘(v) The intelligence and intelligence-related ac13 tivities of the Department of State. 

14 ‘‘(vi) The intelligence and intelligence-related 

15 activities of the Federal Bureau of Investigation, in16 cluding all activities of the Intelligence Division. 

17 ‘‘(vii) The activities of the Director of National 

18 Intelligence. 

19 ‘‘(H)(i) In this clause, the term ‘intelligence and in20 telligence-related activities’ includes— 

21 ‘‘(I) the collection, analysis, production, dis22 semination, or use of information that relates to a 

23 foreign country, or a government, political group, 

24 party, military force, movement, or other association 

25 in a foreign country, and that relates to the defense, 


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1 foreign policy, national security, or related policies of 

2 the United States and other activity in support of 

3 the collection, analysis, production, dissemination, or 

4 use of such information; 

5 ‘‘(II) activities taken to counter similar activi6 ties directed against the United States; 

7 ‘‘(III) covert or clandestine activities affecting 

8 the relations of the United States with a foreign 

9 government, political group, party, military force, 

10 movement, or other association; 

11 ‘‘(IV) the collection, analysis, production, dis12 semination, or use of information about activities of 

13 persons within the United States, its territories and 

14 possessions, or nationals of the United States abroad 

15 whose political and related activities pose, or may be 

16 considered by a department, agency, bureau, office, 

17 division, instrumentality, or employee of the United 

18 States to pose, a threat to the internal security of 

19 the United States; and 

20 ‘‘(V) covert or clandestine activities directed 

21 against persons described in (IV). 

22 ‘‘(ii) In this clause, the term ‘department or agency’ 

23 includes any organization, committee, council, establish24 ment, or office within the Federal Government. 


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1 ‘‘(iii) For purposes of this clause, reference to a de2 partment, agency, bureau, or subdivision shall include a 

3 reference to any successor department, agency, bureau, or 

4 subdivision to the extent that a successor engages in intel5 ligence or intelligence-related activities now conducted by 

6 the department, agency, bureau, or subdivision referred to 

7 in this clause. 

8 ‘‘(I) Clause 12(a) of rule XXII does not apply to 

9 meetings of a conference committee respecting legislation 

10 (or any part thereof) reported by the Committee on Intel11 ligence.’’. 

12 (c) Clause 5(a) of rule X of the Rules of the House 

13 of Representatives is amended by adding at the end the 

14 following new subparagraph: 

15 ‘‘(4)(A) The Committee on Intelligence shall be com16 posed of not more than 18 Members, Delegates, or the 

17 Resident Commissioner, of whom not more than 10 may 

18 be from the same party. The committee shall include at 

19 least one Member, Delegate, or the Resident Commis20 sioner from each of the following committees: 

21 ‘‘(i) The Committee on Appropriations. 

22 ‘‘(ii) The Committee on Armed Services. 

23 ‘‘(iii) The Committee on International Rela24 tions. 

25 ‘‘(iv) The Committee on the Judiciary. 


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1 ‘‘(B) The Speaker and the Minority Leader shall be 

2 ex officio members of the Committee on Intelligence, but 

3 shall have no vote in the committee and may not be count4 ed for purposes of determining a quorum. 

5 ‘‘(C) The Speaker and Minority Leader each may 

6 designate a member of his leadership staff to assist him 

7 in his capacity as ex officio member, with the same access 

8 to committee meetings, hearings, briefings, and materials 

9 as employees of the committee and subject to the same 

10 security clearance and confidentiality requirements as em11 ployees of the committee under this clause.’’. 

12 SEC. 223. SUBCOMMITTEE LIMITATION ON COMMITTEE ON 

13 APPROPRIATIONS. 

14 The second sentence of clause 5(d)(2) of rule X of 

15 the Rules of the House of Representatives is amended by 

16 striking ‘‘13’’ and inserting ‘‘14 (of which one is a Sub17 committee on Intelligence)’’. 

18 SEC. 224. MEMBERSHIP ON COMMITTEE ON APPROPRIA19 TIONS. 

20 Clause 5 of rule X of the Rules of the House of Rep21 resentatives is amended by adding at the end the following 

22 new paragraph: 

23 ‘‘(f) One-third of the members of the Committee on 

24 Intelligence (but if such number is not an even-number 

25 divisible by three, then the next highest even-number that 


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1 is divisible by three) shall be members of the Committee 

2 on Appropriations, of whom not more than one-half shall 

3 be from the same party.’’. 

4 SEC. 225. CONFORMING AMENDMENTS. 

5 (a) Clause 3(l) of rule X of the Rules of the House 

6 of Representatives is amended by striking ‘‘Permanent Se7 lect’’ and by striking ‘‘clause 11(b)(1)(A)’’ and inserting 

8 ‘‘clause 1(k)’’. 

9 (b) Clause 9(a)(2) of rule X of the Rules of the House 

10 of Representatives is amended by striking ‘‘Permanent Se11 lect’’. 

12 (c) Clause 11 of rule 10 of the Rules of the House 

13 of Representatives is repealed. 

14 (d) Clause 2(g)(2)(D) of rule 11 of the Rules of the 

15 House of Representatives is amended by striking ‘‘Perma16 nent Select’’. 

17 CHAPTER 2—HOMELAND SECURITY 

18 OVERSIGHT REFORM IN THE SENATE 

19 Subchapter A—Homeland Security 

20 SEC. 231. HOMELAND SECURITY. 

21 (a) COMMITTEE ON HOMELAND SECURITY AND GOV22 ERNMENT AFFAIRS.—The Committee on Governmental 

23 Affairs is renamed as the Committee on Homeland Secu24 rity and Governmental Affairs. 


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1 (b) JURISDICTION.—There shall be referred to the 

2 committee all proposed legislation, messages, petitions, 

3 memorials, and other matters relating to the following 

4 subjects: 

5 (1) Department of Homeland Security, except 

6 matters relating to the Coast Guard, the Transpor7 tation Security Administration, the Federal Law En8 forcement Training Center, and the revenue func9 tions of the Customs Service. 

10 (2) Archives of the United States. 

11 (3) Budget and accounting measures, other 

12 than appropriations, except as provided in the Con13 gressional Budget Act of 1974. 

14 (4) Census and collection of statistics, including 

15 economic and social statistics. 

16 (5) Congressional organization, except for any 

17 part of the matter that amends the rules or orders 

18 of the Senate. 

19 (6) Federal Civil Service. 

20 (7) Government information. 

21 (8) Intergovernmental relations. 

22 (9) Municipal affairs of the District of Colum23 bia, except appropriations therefor. 

24 (10) Organization and management of United 

25 States nuclear export policy. 


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1 (11) Organization and reorganization of the ex2 ecutive branch of the Government. 

3 (12) Postal Service. 

4 (13) Status of officers and employees of the 

5 United States, including their classification, com6 pensation, and benefits. 

7 (c) ADDITIONAL DUTIES.—The committee shall have 

8 the duty of— 

9 (1) receiving and examining reports of the 

10 Comptroller General of the United States and of 

11 submitting such recommendations to the Senate as 

12 it deems necessary or desirable in connection with 

13 the subject matter of such reports; 

14 (2) studying the efficiency, economy, and effec15 tiveness of all agencies and departments of the Gov16 ernment; 

17 (3) evaluating the effects of laws enacted to re18 organize the legislative and executive branches of the 

19 Government; and 

20 (4) studying the intergovernmental relation21 ships between the United States and the States and 

22 municipalities, and between the United States and 

23 international organizations of which the United 

24 States is a member. 


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1 (d) JURISDICTION OF SENATE COMMITTEES.—The 

2 jurisdiction of the Committee on Homeland Security and 

3 Governmental Affairs provided in subsection (b)(1) shall 

4 supersede the jurisdiction of any other committee of the 

5 Senate provided in the rules of the Senate. 

6 Subchapter B—Intelligence Oversight 

7 Reform 

8 SEC. 241. INTELLIGENCE OVERSIGHT. 

9 (a) COMMITTEE ON ARMED SERVICES MEMBER10 SHIP.—Section 2(a)(3) of Senate Resolution 400, agreed 

11 to May 19, 1976 (94th Congress) (referred to in this sec12 tion as ‘‘S. Res. 400’’) is amended by— 

13 (1) inserting ‘‘(A)’’ after ‘‘(3)’’; and 

14 (2) inserting at the end the following: 

15 ‘‘(B) The Chairman and Ranking Member 

16 of the Committee on Armed Services (if not al17 ready a member of the select Committee) shall 

18 be ex officio members of the select Committee 

19 but shall have no vote in the Committee and 

20 shall not be counted for purposes of deter21 mining a quorum.’’. 

22 (b) NUMBER OF MEMBERS.—Section 2(a) of S. Res. 

23 400 is amended— 

24 (1) in paragraph (1), by inserting ‘‘not to ex25 ceed’’ before ‘‘fifteen members’’; 


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1 (2) in paragraph (1)(E), by inserting ‘‘not to 

2 exceed’’ before ‘‘seven’’; and 

3 (3) in paragraph (2), by striking the second 

4 sentence and inserting ‘‘Of any members appointed 

5 under paragraph (1)(E), the majority leader shall 

6 appoint the majority members and the minority 

7 leader shall appoint the minority members, with the 

8 majority having a one vote margin.’’. 

9 (c) ELIMINATION OF TERM LIMITS.—Section 2 of 

10 Senate Resolution 400, 94th Congress, agreed to May 19, 

11 1976, is amended by striking subsection (b) and by redes12 ignating subsection (c) as subsection (b). 

13 (d) APPOINTMENT OF CHAIRMAN AND VICE CHAIR14 MAN.—Section 2(b) of S. Res. 400, as redesignated by 

15 subsection (c) of this section, is amended by striking the 

16 first sentence and inserting the following: ‘‘At the begin17 ning of each Congress, the Majority Leader of the Senate 

18 shall select a chairman of the select Committee and the 

19 Minority Leader shall select a vice chairman for the select 

20 Committee.’’. 

21 (e) SUBCOMMITTEES.—Section 2 of S. Res. 400, as 

22 amended by subsections (a) through (d), is amended by 

23 adding at the end the following: 

24 ‘‘(c) The select Committee may be organized into sub25 committees. Each subcommittee shall have a chairman 


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1 and a vice chairman who are selected by the Chairman 

2 and Vice Chairman of the select Committee, respectively.’’. 

3 (f) REPORTS.—Section 4(a) of S. Res. 400 is amend4 ed by inserting ‘‘, but not less than quarterly,’’ after ‘‘peri5 odic’’. 

6 (g) STAFF.—Section 15 of S. Res. 400 is amended 

7 to read as follows: 

8 ‘‘SEC. 15. (a) The select Committee shall hire or ap9 point one employee for each member of the select Com10 mittee to serve as such Member’s designated representa11 tive on the select Committee. The select Committee shall 

12 only hire or appoint an employee chosen by the respective 

13 Member of the select Committee for whom the employee 

14 will serve as the designated representative on the select 

15 Committee. 

16 ‘‘(b) The select Committee shall be afforded a supple17 ment to its budget, to be determined by the Committee 

18 on Rules and Administration, to allow for the hire of each 

19 employee who fills the position of designated representa20 tive to the select Committee. The designated representa21 tive shall have office space and appropriate office equip22 ment in the select Committee spaces, and shall have full 

23 access to select Committee staff, information, records, and 

24 databases. 


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1 ‘‘(c) The designated employee shall meet all the re2 quirements of relevant statutes, Senate rules, and com3 mittee clearance requirements for employment by the se4 lect Committee.’’. 

5 (h) NOMINEES.—S. Res. 400 is amended by adding 

6 at the end the following: 

7 ‘‘SEC. 17. (a) The select Committee shall have juris8 diction for reviewing, holding hearings, and voting on civil9 ian persons nominated by the President to fill a position 

10 within the intelligence community that requires the advice 

11 and consent of the Senate. 

12 ‘‘(b) Other committees with jurisdiction over the 

13 nominees’ executive branch department may hold hearings 

14 and interviews with that person.’’. 

15 Subchapter C—Committee Status 

16 SEC. 251. COMMITTEE STATUS. 

17 (a) HOMELAND SECURITY.—The Committee on 

18 Homeland Security and Governmental Affairs shall be 

19 treated as the Committee on Governmental Affairs listed 

20 under paragraph 2 of rule XXV of the Standing Rules 

21 of the Senate for purposes of the Standing Rules of the 

22 Senate. 

23 (b) INTELLIGENCE.—The Select Committee on Intel24 ligence shall be treated as a committee listed under paraVerDate Aug 31 2005 02:14 Jun 10, 2006 Jkt 049200 PO 00000 Frm 00151 Fmt 6652 Sfmt 6201 E:\BILLS\S3456.IS S3456

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1 graph 2 of rule XXV of the Standing Rules of the Senate 

2 for purposes of the Standing Rules of the Senate. 

3 Subchapter D—Intelligence-Related 

4 Subcommittees 

5 SEC. 261. SUBCOMMITTEE RELATED TO INTELLIGENCE 

6 OVERSIGHT. 

7 (a) ESTABLISHMENT.—There is established in the 

8 Select Committee on Intelligence a Subcommittee on Over9 sight which shall be in addition to any other subcommittee 

10 established by the select Committee. 

11 (b) RESPONSIBILITY.—The Subcommittee on Over12 sight shall be responsible for ongoing oversight of intel13 ligence activities. 

14 SEC. 262. SUBCOMMITTEE RELATED TO INTELLIGENCE AP15 PROPRIATIONS. 

16 (a) ESTABLISHMENT.—There is established in the 

17 Committee on Appropriations a Subcommittee on Intel18 ligence. The Subcommittee on Military Construction shall 

19 be combined with the Subcommittee on Defense into 1 

20 subcommittee. 

21 (b) JURISDICTION.—The Subcommittee on Intel22 ligence of the Committee on Appropriations shall have ju23 risdiction over funding for intelligence matters. 


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1 CHAPTER 3—EFFECTIVE DATE 

2 SEC. 271. EFFECTIVE DATE. 

3 This subtitle shall take effect on the convening of the 

4 110th Congress. 

5 Subtitle D—Declassification of 

6 Overall Intelligence Budget 

7 SEC. 281. AVAILABILITY TO PUBLIC OF CERTAIN INTEL8 LIGENCE FUNDING INFORMATION. 

9 (a) AMOUNTS REQUESTED EACH FISCAL YEAR.— 

10 The President shall disclose to the public for each fiscal 

11 year after fiscal year 2005— 

12 (1) the aggregate amount of appropriations re13 quested in the budget of the President for the fiscal 

14 year concerned for the intelligence and intelligence15 related activities of the United States Government; 

16 and 

17 (2) the aggregate amount of appropriations re18 quested in the budget of the President for the fiscal 

19 year concerned for each element or component of the 

20 intelligence community. 

21 (b) AMOUNTS APPROPRIATED EACH FISCAL YEAR.— 

22 Congress shall disclose to the public for each fiscal year 

23 after fiscal year 2005— 

24 (1) the aggregate amount of funds appropriated 

25 by Congress for the fiscal year concerned for the inVerDate Aug 31 2005 02:14 Jun 10, 2006 Jkt 049200 PO 00000 Frm 00153 Fmt 6652 Sfmt 6201 E:\BILLS\S3456.IS S3456

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1 telligence and intelligence-related activities of the 

2 United States Government; and 

3 (2) the aggregate amount of funds appropriated 

4 by Congress for the fiscal year concerned for each 

5 element or component of the intelligence community. 

6 Subtitle E—Standardize Security 

7 Clearances 

8 SEC. 282. STANDARDIZATION OF SECURITY CLEARANCES. 

9 (a) REPORT; CERTIFICATION.—Not later than 30 

10 days after the date of the enactment of this Act, and every 

11 30 days thereafter, the Director of the Office of Personnel 

12 Management, in consultation with the Director of Na13 tional Intelligence, the Secretary of Defense, and the Sec14 retary of Homeland Security, shall submit to the relevant 

15 congressional committees a report on the recommenda16 tions of the 9/11 Commission and the policy goals of sec17 tion 3001 of the Intelligence Reform and Terrorism Pre18 vention Act of 2004 (Public Law 108–458) with respect 

19 to security clearances, including with respect to uniform 

20 policies and procedures for the completion of security 

21 clearances and reciprocal recognition of such security 

22 clearances among agencies of the United States Govern23 ment. Such report shall include— 

24 (1) a certification by the Director of the Office 

25 of Personnel Management that such recommendaVerDate Aug 31 2005 02:14 Jun 10, 2006 Jkt 049200 PO 00000 Frm 00154 Fmt 6652 Sfmt 6201 E:\BILLS\S3456.IS S3456

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1 tions have been implemented and such policy goals 

2 have been achieved; or 

3 (2) if the Director of the Office of Personnel 

4 Management is unable to make the certification de5 scribed in paragraph (1), a description of— 

6 (A) the steps taken to implement such rec7 ommendations and achieve such policy goals; 

8 (B) when the Director of the Office of Per9 sonnel Management expects such recommenda10 tions to be implemented and such policy goals 

11 to be achieved; and 

12 (C) any allocation of resources or other ac13 tions by Congress the Director considers nec14 essary to implement such recommendations and 

15 achieve such policy goals. 

16 (b) TERMINATION OF DUTY TO REPORT.—The duty 

17 to submit a report under subsection (a) shall terminate 

18 when the Director of the Office of Personnel Management 

19 submits a certification pursuant to subsection (a)(1). 

20 (c) GAO REVIEW OF CERTIFICATION.—If the Direc21 tor of the Office of Personnel Management submits a cer22 tification pursuant to subsection (a)(1), not later than 30 

23 days after the submission of such certification, the Comp24 troller General shall submit to the relevant congressional 

25 committees a report on whether the recommendations deVerDate Aug 31 2005 02:14 Jun 10, 2006 Jkt 049200 PO 00000 Frm 00155 Fmt 6652 Sfmt 6201 E:\BILLS\S3456.IS S3456

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1 scribed in subsection (a) have been implemented and 

2 whether the policy goals described in subsection (a) have 

3 been achieved. 

4 TITLE III—FOREIGN POLICY, 

5 PUBLIC DIPLOMACY, AND 

6 NONPROLIFERATION 

7 Subtitle A—Foreign Policy 

8 SEC. 301. ACTIONS TO ENSURE A LONG-TERM COMMIT9 MENT TO AFGHANISTAN. 

10 (a) SENSE OF CONGRESS.—It is the sense of Con11 gress that the Government of the United States— 

12 (1) should give priority to providing assistance 

13 to Afghanistan to establish a substantial economic 

14 infrastructure and a sound economy; and 

15 (2) should continue to provide economic and de16 velopment assistance to Afghanistan, including as17 sistance to the Afghan National Army and the police 

18 forces and border police of Afghanistan. 

19 (b) REPORT; CERTIFICATION.—Not later than 30 

20 days after the date of the enactment of this Act, and every 

21 30 days thereafter, the President shall submit to the rel22 evant congressional committees a report on the rec23 ommendations of the 9/11 Commission and the policy 

24 goals of section 305 of of the Afghanistan Freedom Sup25 port Act of 2002 (22 U.S.C. 7555) (as added by section 


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1 7104(e)(4)(A) of the Intelligence Reform and Terrorism 

2 Prevention Act of 2004 (Public Law 108–458)) for ensur3 ing a long-term commitment to Afghanistan. Such report 

4 shall include— 

5 (1) a certification by the President that such 

6 recommendations have been implemented and such 

7 policy goals have been achieved; or 

8 (2) if the President is unable to make the cer9 tification described in paragraph (1), a description 

10 of— 

11 (A) the steps taken to implement such rec12 ommendations and achieve such policy goals; 

13 (B) when the President expects such rec14 ommendations to be implemented and such pol15 icy goals to be achieved; and 

16 (C) any allocation of resources or other ac17 tions by Congress the President considers nec18 essary to implement such recommendations and 

19 achieve such policy goals. 

20 (c) TERMINATION OF DUTY TO REPORT.—The duty 

21 to submit a report under subsection (b) shall terminate 

22 when the President submits a certification pursuant to 

23 subsection (b)(1). 

24 (d) GAO REVIEW OF CERTIFICATION.—If the Presi25 dent submits a certification pursuant to subsection (b)(1), 


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1 not later than 30 days after the submission of such certifi2 cation, the Comptroller General shall submit to the rel3 evant congressional committees a report on whether the 

4 recommendations described in subsection (b) has been im5 plemented and whether the policy goals described in sub6 section (b) have been achieved. 

7 (e) DEFINITION.—In this section, the term ‘‘relevant 

8 congressional committees’’ means— 

9 (1) the Committee on International Relations 

10 and the Committee on Government Reform of the 

11 House of Representatives; and 

12 (2) the Committee on Foreign Relations and 

13 the Committee on Homeland Security and Govern14 mental Affairs of the Senate. 

15 SEC. 302. ACTIONS TO SUPPORT PAKISTAN AGAINST EX16 TREMISTS. 

17 (a) SENSE OF CONGRESS.—It is the sense of Con18 gress that— 

19 (1) the commitment of the President to provide 

20 $3 billion in assistance over the next five years to 

21 Pakistan should be commended; 

22 (2) the Government of the United States should 

23 provide assistance to Pakistan to improve Pakistan’s 

24 failing basic education system and to emphasize de25 velopment; and 


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1 (3) the Government of the United States should 

2 strongly urge the Government of Pakistan to close 

3 Taliban-linked schools known as ‘‘madrassas’’, close 

4 terrorist training camps, and prevent Taliban forces 

5 from operating across the border between Pakistan 

6 and Afghanistan. 

7 (b) REPORT.—Not later than 90 days after the date 

8 of the enactment of this Act, the Secretary of State shall 

9 submit to the Committee on International Relations of the 

10 House of Representatives and the Committee on Foreign 

11 Relations of the Senate a report on efforts by the Govern12 ment of Pakistan take the actions described in subsection 

13 (a)(3). 

14 SEC. 303. ACTIONS TO SUPPORT REFORM IN SAUDI ARABIA. 

15 (a) SENSE OF CONGRESS.—It is the sense of Con16 gress that— 

17 (1) the Government of the United States and 

18 the Government of Saudi Arabia should accelerate 

19 efforts to improve strategic dialogue between the two 

20 countries, increase exchange programs, and promote 

21 pragmatic reforms in Saudi Arabia; and 

22 (2) the Government of Saudi Arabia should 

23 take additional steps to regulate charities and pro24 mote tolerance and moderation. 


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1 (b) REPORT; CERTIFICATION.—Not later than 30 

2 days after the date of the enactment of this Act, and every 

3 30 days thereafter, the Secretary of State shall submit to 

4 the relevant congressional committees a report on the rec5 ommendations of the 9/11 Commission and the policy 

6 goals of section 7105 of the Intelligence Reform and Ter7 rorism Prevention Act of 2004 (Public Law 108–458) for 

8 improving dialogue between the people and Government 

9 of the United States and the people and Government of 

10 Saudi Arabia in order to improve the relationship between 

11 the two countries. Such report shall include— 

12 (1) a certification by the Secretary of State 

13 that such recommendations have been implemented 

14 and such policy goals have been achieved; or 

15 (2) if the Secretary of State is unable to make 

16 the certification described in paragraph (1), a de17 scription of— 

18 (A) the steps taken to implement such rec19 ommendations and achieve such policy goals; 

20 (B) when the Secretary of State expects 

21 such recommendations to be implemented and 

22 such policy goals to be achieved; and 

23 (C) any allocation of resources or other ac24 tions by Congress the Secretary of State conVerDate Aug 31 2005 02:14 Jun 10, 2006 Jkt 049200 PO 00000 Frm 00160 Fmt 6652 Sfmt 6201 E:\BILLS\S3456.IS S3456

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1 siders necessary to implement such rec2 ommendations and achieve such policy goals. 

3 (c) TERMINATION OF DUTY TO REPORT.—The duty 

4 to submit a report under subsection (b) shall terminate 

5 when the Secretary of State submits a certification pursu6 ant to subsection (b)(1). 

7 (d) GAO REVIEW OF CERTIFICATION.—If the Sec8 retary of State submits a certification pursuant to sub9 section (b)(1), not later than 30 days after the submission 

10 of such certification, the Comptroller General shall submit 

11 to the relevant congressional committees a report on 

12 whether the recommendations described in subsection (b) 

13 have been implemented and whether the policy goals de14 scribed in subsection (b) have been achieved. 

15 (e) DEFINITION.—In this section, the term ‘‘relevant 

16 congressional committees’’ means— 

17 (1) the Committee on International Relations 

18 and the Committee on Government Reform of the 

19 House of Representatives; and 

20 (2) the Committee on Foreign Relations and 

21 the Committee on Homeland Security and Govern22 mental Affairs of the Senate. 

23 SEC. 304. ELIMINATION OF TERRORIST SANCTUARIES. 

24 (a) NATIONAL COUNTERTERRORISM CENTER IDEN25 TIFICATION OF TERRORIST SANCTUARIES.—Subsection 


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1 (d) of section 119 of National Security Act of 1947 (50 

2 U.S.C. 404o) is amended by adding at the end the fol3 lowing new paragraph: 

4 ‘‘(7) To identify each country whose territory is 

5 being used as a sanctuary for terrorists or terrorist 

6 organizations and each country whose territory may 

7 potentially be used as a sanctuary for terrorists or 

8 terrorist organizations and to develop a comprehen9 sive strategy to eliminate terrorist sanctuaries.’’. 

10 (b) REPORT.—Such section is further amended by 

11 adding at the end the following new subsection: 

12 ‘‘(k) REPORT ON TERRORIST SANCTUARIES.—Not 

13 later than 90 days after the date of the enactment of this 

14 Act, and annually thereafter, the Director of the National 

15 Counterterrorism Center shall submit to the Committee 

16 on International Relations, the Permanent Select Com17 mittee on Intelligence, the Committee on Homeland Secu18 rity, and the Committee on Government Reform of the 

19 House of Representatives and the Committee on Foreign 

20 Relations, the Select Committee on Intelligence, and the 

21 Committee on Homeland Security and Governmental Af22 fairs of the Senate a report on terrorist sanctuaries, in23 cluding a description of the— 

24 ‘‘(1) countries whose territory is being used as 

25 a sanctuary for terrorists or terrorist organizations; 


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1 ‘‘(2) countries whose territory may potentially 

2 be used as a sanctuary for terrorists or terrorist or3 ganizations; 

4 ‘‘(3) strategy to eliminate each such sanctuary; 

5 and 

6 ‘‘(4) progress that has been made in accom7 plishing such strategy.’’. 

8 SEC. 305. COMPREHENSIVE COALITION STRATEGY AGAINST 

9 ISLAMIST TERRORISM. 

10 (a) SENSE OF CONGRESS.—It is the sense of Con11 gress that the United States— 

12 (1) should continue to engage other countries in 

13 developing a comprehensive coalition strategy 

14 against Islamist terrorism; and 

15 (2) should use a broader approach to target the 

16 roots of terrorism, including developing strategies 

17 with other countries to encourage reform efforts in 

18 Saudi Arabia and Pakistan, improving educational 

19 and economic opportunities in Muslim countries, 

20 identifying and eliminating terrorist sanctuaries, and 

21 making progress in the Arab-Israeli peace process. 

22 (b) REPORT; CERTIFICATION.—Not later than 30 

23 days after the date of the enactment of this Act, and every 

24 30 days thereafter, the Secretary of State shall submit to 

25 the relevant congressional committees a report on the recVerDate Aug 31 2005 02:14 Jun 10, 2006 Jkt 049200 PO 00000 Frm 00163 Fmt 6652 Sfmt 6201 E:\BILLS\S3456.IS S3456

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1 ommendations of the 9/11 Commission and the policy 

2 goals of section 7117 of the Intelligence Reform and Ter3 rorism Prevention Act of 2004 (Public Law 108–458) for 

4 engaging other countries in developing a comprehensive 

5 coalition strategy for combating terrorism. Such report 

6 shall include— 

7 (1) a certification by the Secretary of State 

8 that such recommendations have been implemented 

9 and such policy goals have been achieved; or 

10 (2) if the Secretary of State is unable to make 

11 the certification described in paragraph (1), a de12 scription of— 

13 (A) the steps taken to implement such rec14 ommendations and achieve such policy goals; 

15 (B) when the Secretary of State expects 

16 such recommendations to be implemented and 

17 such policy goals to be achieved; and 

18 (C) any allocation of resources or other ac19 tions by Congress the Secretary of State con20 siders necessary to implement such rec21 ommendations and achieve such policy goals. 

22 (c) TERMINATION OF DUTY TO REPORT.—The duty 

23 to submit a report under subsection (b) shall terminate 

24 when the Secretary of State submits a certification pursu25 ant to subsection (b)(1). 


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1 (d) GAO REVIEW OF CERTIFICATION.—If the Sec2 retary of State submits a certification pursuant to sub3 section (b)(1), not later than 30 days after the submission 

4 of such certification, the Comptroller General shall submit 

5 to the relevant congressional committees a report on 

6 whether the recommendations described in subsection (b) 

7 have been implemented and whether the policy goals de8 scribed in subsection (b) have been achieved. 

9 (e) DEFINITION.—In this section, the term ‘‘relevant 

10 congressional committees’’ means— 

11 (1) the Committee on International Relations 

12 and the Committee on Government Reform of the 

13 House of Representatives; and 

14 (2) the Committee on Foreign Relations and 

15 the Committee on Homeland Security and Govern16 mental Affairs of the Senate. 

17 SEC. 306. STANDARDS FOR THE DETENTION AND HUMANE 

18 TREATMENT OF CAPTURED TERRORISTS. 

19 (a) REPORT; CERTIFICATION.—Not later than 30 

20 days after the date of the enactment of this Act, and every 

21 30 days thereafter, the Secretary of State, in consultation 

22 with the Attorney General, shall submit to the relevant 

23 congressional committees a report on the recommenda24 tions of the 9/11 Commission for engaging United States 

25 allies to develop a common coalition approach toward the 


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1 detention and humane treatment of captured terrorists 

2 and the policy goals of sections 1002, 1003, and 1005 of 

3 the Department of Defense, Emergency Supplemental Ap4 propriations to Address Hurricanes in the Gulf of Mexico, 

5 and Pandemic Influenza Act, 2006 (Public Law 109–148). 

6 Such report shall include— 

7 (1) a certification by the Secretary of State 

8 that such recommendations have been implemented 

9 and such policy goals have been achieved; or 

10 (2) if the Secretary of State is unable to make 

11 the certification described in paragraph (1), a de12 scription of— 

13 (A) the steps taken to implement such rec14 ommendations and achieve such policy goals; 

15 (B) when the Secretary of State expects 

16 such recommendations to be implemented and 

17 such policy goals to be achieved; and 

18 (C) any allocation of resources or other ac19 tions by Congress the Secretary of State con20 siders necessary to implement such rec21 ommendations and achieve such policy goals. 

22 (b) TERMINATION OF DUTY TO REPORT.—The duty 

23 to submit a report under subsection (a) shall terminate 

24 when the Secretary of State submits a certification pursu25 ant to subsection (a)(1). 


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1 (c) GAO REVIEW OF CERTIFICATION.—If the Sec2 retary of State submits a certification pursuant to sub3 section (a)(1), not later than 30 days after the submission 

4 of such certification, the Comptroller General shall submit 

5 to the relevant congressional committees a report on 

6 whether the recommendations described in subsection (a) 

7 have been implemented and whether the policy goals de8 scribed in subsection (a) have been achieved. 

9 (d) DEFINITION.—In this section, the term ‘‘relevant 

10 congressional committees’’ means— 

11 (1) the Committee on International Relations, 

12 the Committee on Armed Services, and the Com13 mittee on Government Reform of the House of Rep14 resentatives; and 

15 (2) the Committee on Foreign Relations, the 

16 Committee on Armed Services, and the Committee 

17 on Homeland Security and Governmental Affairs of 

18 the Senate. 

19 SEC. 307. USE OF ECONOMIC POLICIES TO COMBAT TER20 RORISM. 

21 (a) REPORT; CERTIFICATION.—Not later than 30 

22 days after the date of the enactment of this Act, and every 

23 30 days thereafter, the Secretary of State, in consultation 

24 with the United States Trade Representative, shall submit 

25 to the relevant congressional committees a report on the 


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1 recommendations of the 9/11 Commission and the policy 

2 goals of section 7115 of the Intelligence Reform and Ter3 rorism Prevention Act of 2004 (Public Law 108–458) for 

4 developing economic policies to combat terrorism. Such re5 port shall include— 

6 (1) a certification by the Secretary of State 

7 that such recommendations have been implemented 

8 and such policy goals have been achieved, including 

9 a description of the extent to which the policy goals 

10 of paragraphs (1) through (4) of section 7115(b) of 

11 the Intelligence Reform and Terrorism Prevention 

12 Act of 2004 have been achieved; or 

13 (2) if the Secretary of State is unable to make 

14 the certification described in paragraph (1), a de15 scription of— 

16 (A) the steps taken to implement such rec17 ommendations and achieve such policy goals; 

18 (B) when the Secretary of State expects 

19 such recommendations to be implemented and 

20 such policy goals to be achieved; and 

21 (C) any allocation of resources or other ac22 tions by Congress the Secretary of State con23 siders necessary to implement such rec24 ommendations and achieve such policy goals. 


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1 (b) TERMINATION OF DUTY TO REPORT.—The duty 

2 to submit a report under subsection (a) shall terminate 

3 when the Secretary of State submits a certification pursu4 ant to subsection (a)(1). 

5 (c) GAO REVIEW OF CERTIFICATION.—If the Sec6 retary of State submits a certification pursuant to sub7 section (a)(1), not later than 30 days after the submission 

8 of such certification, the Comptroller General shall submit 

9 to the relevant congressional committees a report on 

10 whether the recommendations described in subsection (a) 

11 have been implemented and whether the policy goals de12 scribed in subsection (a) have been achieved. 

13 (d) DEFINITION.—In this section, the term ‘‘relevant 

14 congressional committees’’ means— 

15 (1) the Committee on International Relations 

16 and the Committee on Government Reform of the 

17 House of Representatives; and 

18 (2) the Committee on Foreign Relations and 

19 the Committee on Homeland Security and Govern20 mental Affairs of the Senate. 

21 SEC. 308. ACTIONS TO ENSURE VIGOROUS EFFORTS 

22 AGAINST TERRORIST FINANCING. 

23 (a) FINDINGS.—Congress finds the following: 


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1 (1) Financial institutions have too little infor2 mation about money laundering and terrorist financ3 ing compliance in other markets. 

4 (2) The current Financial Action Task Force 

5 designation system does not adequately represent 

6 the progress countries are making in combatting 

7 money laundering. 

8 (3) Lack of information about the compliance 

9 of countries with anti-money laundering standards 

10 exposes United States financial markets to excessive 

11 risk. 

12 (4) Failure to designate countries that fail to 

13 make progress in combatting terrorist financing and 

14 money laundering eliminates incentives for internal 

15 reform. 

16 (5) The Secretary of the Treasury has an af17 firmative duty to provide to financial institutions 

18 and examiners the best possible information on com19 pliance with anti-money laundering and terrorist fi20 nancing initiatives in other markets. 

21 (b) REPORT.—Not later than March 1 of each year, 

22 the Secretary of the Treasury shall submit to relevant con23 gressional committees a report that identifies the applica24 ble standards of each country against money laundering 

25 and states whether that country is a country of primary 


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1 money laundering concern under section 5318A of title 31, 

2 United States Code. The report shall include— 

3 (1) information on the effectiveness of each 

4 country in meeting its standards against money 

5 laundering; 

6 (2) a determination of whether that the efforts 

7 of that country to combat money laundering and ter8 rorist financing are adequate, improving, or inad9 equate; and 

10 (3) the efforts made by the Secretary to provide 

11 to the government of each such country of concern 

12 technical assistance to cease the activities that were 

13 the basis for the determination that the country was 

14 of primary money laundering concern. 

15 (c) DISSEMINATION OF INFORMATION IN REPORT.— 

16 The Secretary of the Treasury shall make available to the 

17 Federal Financial Institutions Examination Council for 

18 incorporation into the examination process, in consultation 

19 with Federal banking agencies, and to financial institu20 tions the information contained in the report submitted 

21 under subsection (b). Such information shall be made 

22 available to financial institutions without cost. 

23 (d) DEFINITIONS.—In this section: 

24 (1) FINANCIAL INSTITUTION.—The term ‘‘fi25 nancial institution’’ has the meaning given that term 


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1 in section 5312(a)(2) of title 31, United States 

2 Code. 

3 (2) RELEVANT CONGRESSIONAL COMMIT4 TEES.—The term ‘‘relevant congressional commit5 tees’’ means— 

6 (A) the Committee on Financial Services, 

7 the Committee on Government Reform, and the 

8 Committee on the Judiciary of the House of 

9 Representatives; and 

10 (B) the Committee on Banking, Housing, 

11 and Urban Affairs, the Committee on Home12 land Security and Governmental Affairs, and 

13 the Committee on the Judiciary of the Senate. 

14 Subtitle B—Public Diplomacy 

15 SEC. 311. PUBLIC DIPLOMACY RESPONSIBILITIES OF THE 

16 DEPARTMENT OF STATE AND PUBLIC DIPLO17 MACY TRAINING OF MEMBERS OF THE FOR18 EIGN SERVICE. 

19 (a) REPORT; CERTIFICATION.—Not later than 30 

20 days after the date of the enactment of this Act, and every 

21 30 days thereafter, the Secretary of State shall submit to 

22 the relevant congressional committees a report on the rec23 ommendations of the 9/11 Commission and the policy 

24 goals of sections 7109 and 7110 the Intelligence Reform 

25 and Terrorism Prevention Act of 2004 (Public Law 108– 


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1 458), and the amendments made by such sections, regard2 ing the public diplomacy responsibilities of the Depart3 ment of State and public diplomacy training of members 

4 of the Foreign Service. Such report shall include— 

5 (1) a certification by the Secretary of State 

6 that such recommendations have been implemented 

7 and such policy goals have been achieved; or 

8 (2) if the Secretary of State is unable to make 

9 the certification described in paragraph (1), a de10 scription of— 

11 (A) the steps taken to implement such rec12 ommendations and achieve such policy goals; 

13 (B) when the Secretary of State expects 

14 such recommendations to be implemented and 

15 such policy goals to be achieved; and 

16 (C) any allocation of resources or other ac17 tions by Congress the Secretary of State con18 siders necessary to implement such rec19 ommendations and achieve such policy goals. 

20 (b) TERMINATION OF DUTY TO REPORT.—The duty 

21 to submit a report under subsection (a) shall terminate 

22 when the Secretary of State submits a certification pursu23 ant to subsection (a)(1). 

24 (c) GAO REVIEW OF CERTIFICATION.—If the Sec25 retary of State submits a certification pursuant to subVerDate Aug 31 2005 02:14 Jun 10, 2006 Jkt 049200 PO 00000 Frm 00173 Fmt 6652 Sfmt 6201 E:\BILLS\S3456.IS S3456

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1 section (a)(1), not later than 30 days after the submission 

2 of such certification, the Comptroller General shall submit 

3 to the relevant congressional committees a report on 

4 whether the recommendations described in subsection (a) 

5 have been implemented and whether the policy goals de6 scribed in subsection (a) have been achieved. 

7 (d) DEFINITION.—In this section, the term ‘‘relevant 

8 congressional committees’’ means— 

9 (1) the Committee on International Relations 

10 and the Committee on Government Reform of the 

11 House of Representatives; and 

12 (2) the Committee on Foreign Relations and 

13 the Committee on Homeland Security and Govern14 mental Affairs of the Senate. 

15 SEC. 312. INTERNATIONAL BROADCASTING. 

16 (a) REPORT.—Not later than 90 days after the date 

17 of the enactment of this Act, the Broadcasting Board of 

18 Governors shall submit to the relevant congressional com19 mittees a report on— 

20 (1) the activities of Radio Sawa and Radio Al21 Hurra; and 

22 (2) the extent to which the activities of Radio 

23 Sawa and Radio Al-Hurra have been successful, in24 cluding an analysis of impact of the activities on the 


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1 audience and audience demographics and whether or 

2 not funding is adequate to carry out the activities. 

3 (b) DEFINITION.—In this section, the term ‘‘relevant 

4 congressional committees’’ means— 

5 (1) the Committee on International Relations 

6 and the Committee on Government Reform of the 

7 House of Representatives; and 

8 (2) the Committee on Foreign Relations and 

9 the Committee on Homeland Security and Govern10 mental Affairs of the Senate. 

11 SEC. 313. EXPANSION OF UNITED STATES SCHOLARSHIP, 

12 EXCHANGE, AND LIBRARY PROGRAMS IN THE 

13 ISLAMIC WORLD. 

14 (a) REPORT; CERTIFICATION.—Not later than 30 

15 days after the date of the enactment of this Act, and every 

16 30 days thereafter, the Secretary of State shall submit to 

17 the relevant congressional committees a report on the rec18 ommendations of the 9/11 Commission and the policy 

19 goals of sections 7112 of the Intelligence Reform and Ter20 rorism Prevention Act of 2004 (Public Law 108–458) for 

21 expanding United States scholarship, exchange, and li22 brary programs in the Islamic world. Such report shall 

23 include— 


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1 (1) a certification by the Secretary of State 

2 that such recommendations have been implemented 

3 and such policy goals have been achieved; or 

4 (2) if the Secretary of State is unable to make 

5 the certification described in paragraph (1), a de6 scription of— 

7 (A) the steps taken to implement such rec8 ommendations and achieve such policy goals; 

9 (B) when the Secretary of State expects 

10 such recommendations to be implemented and 

11 such policy goals to be achieved; and 

12 (C) any allocation of resources or other ac13 tions by Congress the Secretary of State con14 siders necessary to implement such rec15 ommendations and achieve such policy goals. 

16 (b) TERMINATION OF DUTY TO REPORT.—The duty 

17 to submit a report under subsection (a) shall terminate 

18 when the Secretary of State submits a certification pursu19 ant to subsection (a)(1). 

20 (c) GAO REVIEW OF CERTIFICATION.—If the Sec21 retary of State submits a certification pursuant to sub22 section (a)(1), not later than 30 days after the submission 

23 of such certification, the Comptroller General shall submit 

24 to the relevant congressional committees a report on 

25 whether the recommendations described in subsection (a) 


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1 have been implemented and whether the policy goals de2 scribed in subsection (a) have been achieved. 

3 (d) DEFINITION.—In this section, the term ‘‘relevant 

4 congressional committees’’ means— 

5 (1) the Committee on International Relations 

6 and the Committee on Government Reform of the 

7 House of Representatives; and 

8 (2) the Committee on Foreign Relations and 

9 the Committee on Homeland Security and Govern10 mental Affairs of the Senate. 

11 SEC. 314. INTERNATIONAL YOUTH OPPORTUNITY FUND. 

12 (a) SENSE OF CONGRESS.—It is the sense of Con13 gress that— 

14 (1) the Middle East Partnership Initiative 

15 (MEPI) and the United States Agency for Inter16 national Development should be commended for ini17 tiating programs in predominantly Muslim countries 

18 to support secular education improvements and the 

19 teaching of English, including programs that focus 

20 on the education of women; 

21 (2) the secular education programs of MEPI 

22 and the United States Agency for International De23 velopment are a constructive start to answering the 

24 challenge of secular education in predominantly 

25 Muslim countries; 


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1 (3) the secular education programs of MEPI 

2 and the United States Agency for International De3 velopment should be components of an overall strat4 egy for educational assistance—itself one component 

5 of an overall United States strategy for 

6 counterterrorism—targeted where the need and the 

7 benefit to the national security of the United States 

8 are greatest; and 

9 (4) upon formation of a broader strategy for 

10 international educational assistance targeted toward 

11 the Middle East, a significant increase in funding 

12 for these initiatives should be provided. 

13 (b) INTERNATIONAL YOUTH OPPORTUNITY FUND.— 

14 There are authorized to be appropriated to the Secretary 

15 of State $50,000,000 for each of the fiscal years 2007 and 

16 2008 to support the establishment of an International 

17 Youth Opportunity Fund pursuant to section 7114 of the 

18 Intelligence Reform and Terrorism Prevention Act of 

19 2004 (Public Law 108–458). 

20 Subtitle C—Nonproliferation 

21 SEC. 321. SHORT TITLE. 

22 This subtitle may be cited as the ‘‘Omnibus Non23 proliferation and Anti-Nuclear Terrorism Act of 2006’’. 

24 SEC. 322. FINDINGS. 

25 Congress finds the following: 


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1 (1) LOOSE NUCLEAR WEAPONS AND MATERIALS

2 IN THE FORMER SOVIET UNION.— 

3 (A) There are in the world today enormous 

4 stockpiles of nuclear weapons and the materials 

5 required to make them. Counting materials 

6 both in assembled warheads and in other forms, 

7 worldwide totals are estimated to encompass 

8 some 1,900 tons of highly enriched uranium 

9 (enough for 143,000 nuclear weapons) and 

10 1,855 tons of plutonium (enough for 330,000 

11 nuclear weapons). 

12 (B) The Russian Federation alone is esti13 mated to have over 1,000 tons of highly en14 riched uranium (enough for over 80,000 nuclear 

15 weapons) and 140 tons of plutonium (enough 

16 for over 30,000 nuclear weapons). 

17 (C) The United States has been working 

18 for over a decade to eliminate stockpiles of loose 

19 nuclear weapons and materials in the former 

20 Soviet Union, but the Department of Energy 

21 acknowledges that there is still a need to prop22 erly secure about 460 tons of weapons-usable 

23 Russian nuclear material (outside of warheads), 

24 enough for more than 35,000 nuclear weapons. 


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1 (D) A recent report by the Central Intel2 ligence Agency faulted the security of nuclear 

3 arsenal facilities in the Russian Federation and 

4 assessed that ‘‘undetected smuggling has oc5 curred.’’ 

6 (E) There are at least 18 documented inci7 dents of ‘‘proliferation significant’’ fissile mate8 rial trafficking from facilities in the former So9 viet Union between 1991 and 2001. In one inci10 dent in 1998, an inside conspiracy at a Russian 

11 nuclear weapons facility attempted to steal 18.5 

12 kilograms of highly enriched uranium. In an13 other incident, 2 kilograms of highly enriched 

14 uranium taken from a research facility in 

15 Sukhumi, Georgia, has never been recovered. 

16 (F) In May 1994, German police found a 

17 small but worrisome quantity of supergrade 

18 plutonium in the garage of Adolf Jackle. Ex19 tremely expensive to produce, this rare item 

20 was likely stolen from one of Russia’s two pre21 mier nuclear weapons laboratories. 

22 (G) Comprehensive security upgrades are 

23 not yet completed at 90 percent of Russian nu24 clear warhead bunkers for Russia’s Strategic 

25 Rocket Forces. 


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1 (H) Border security in the former Soviet 

2 Union is inconsistent at best. Existing infra3 structure helps at the outer borders of the 

4 former Soviet Union but many borders internal 

5 to the former Soviet Union, such as the border 

6 between Kazakhstan and the Russian Federa7 tion, exist only on a map. 

8 (2) LOOSE NUCLEAR MATERIALS AROUND THE

9 GLOBE.— 

10 (A) Dangerous caches of weapons-usable 

11 nuclear materials, much of it poorly secured 

12 and vulnerable to theft, exist in a multitude of 

13 facilities around the world. For example, there 

14 are over 130 research reactors in over 40 coun15 tries that house highly enriched uranium, some 

16 with enough to manufacture an atomic bomb. 

17 In total, about 40 tons of highly enriched ura18 nium, enough for over 1,000 nuclear weapons, 

19 is estimated to remain in civilian research reac20 tors. 

21 (B) Over the last 50 years, the United 

22 States is known to have exported about 27.5 

23 tons of highly enriched uranium to 43 countries 

24 to help develop nuclear power production or bol25 ster scientific initiatives. In 1996, the United 


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1 States began an effort to recover the more than 

2 17.5 tons of the nuclear material that was still 

3 overseas, but has recovered only about 1 ton, 

4 according to the Department of Energy and the 

5 Government Accountability Office. 

6 (C) It is especially important to keep high7 ly enriched uranium out of terrorists’ hands be8 cause, with minimal expertise, they could use it 

9 to make the simplest, gun-type nuclear weap10 on—a device in which a high explosive is used 

11 to blow one subcritical piece of highly enriched 

12 uranium from one end of a tube into another 

13 subcritical piece held at the opposite end of the 

14 tube. 

15 (D) To Osama bin Laden, acquiring weap16 ons of mass destruction is a ‘‘religious duty’’. 

17 Al Qaeda and more than two dozen other ter18 rorist groups are pursuing capability to use 

19 weapons of mass destruction. 

20 (E) Osama bin Laden’s press spokesman, 

21 Sulaiman Abu Ghaith, has announced that the 

22 group aspires ‘‘to kill 4 million Americans, in23 cluding 1 million children,’’ in response to cas24 ualties supposedly inflicted on Muslims by the 

25 United States and Israel. 


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1 (F) Al Qaeda documents recovered in Af2 ghanistan reveal a determined research effort 

3 focused on nuclear weapons. 

4 (3) SECURITY STANDARDS FOR ALL NUCLEAR

5 WEAPONS AND MATERIALS.— 

6 (A) There are no international binding 

7 standards for the secure handling and storage 

8 of nuclear weapons and materials. 

9 (B) Making a nuclear weapon requires only 

10 4 to 5 kilograms of plutonium or 12 to 15 kilo11 grams of highly enriched uranium. 

12 (C) In October 2001, the United States 

13 Government became very concerned that Al 

14 Qaeda may have smuggled a 10-kiloton Russian 

15 nuclear warhead into New York City. If placed 

16 in lower Manhattan, such a device would prob17 ably kill 100,000 people instantly, seriously in18 jure tens of thousands more, and render the en19 tire area uninhabitable for decades to come. 

20 (4) RUSSIA’S NUCLEAR EXPERTISE.— 

21 (A) Employment at the large nuclear facili22 ties in the Russian Federation’s 10 closed nu23 clear cities is estimated to be in the range of 

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1 mately 75,000 were employed on nuclear weap2 ons-related work. 

3 (B) Poor wages and living conditions in 

4 Russian ‘‘nuclear cities’’ have inspired protests 

5 and strikes among the employees working in 

6 them. 

7 (C) Insiders have been caught attempting 

8 to smuggle nuclear materials out of these facili9 ties, presumably to sell on the lucrative black 

10 market. 

11 SEC. 323. ESTABLISHMENT OF OFFICE OF NONPROLIFERA12 TION PROGRAMS IN THE EXECUTIVE OFFICE 

13 OF THE PRESIDENT. 

14 (a) ESTABLISHMENT.—There is established in the 

15 Executive Office of the President an Office of Non16 proliferation Programs (in this section referred to as the 

17 ‘‘Office’’). 

18 (b) DIRECTOR; ASSOCIATE DIRECTORS.—There shall 

19 be at the head of the Office a Director who shall be ap20 pointed by the President, by and with the advice and con21 sent of the Senate, and who shall be compensated at the 

22 rate provided for level II of the Executive Schedule in sec23 tion 5313 of title 5. The President is authorized to appoint 

24 not more than four Associate Directors, by and with the 

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1 pensated at a rate not to exceed that provided for level 

2 III of the Executive Schedule in section 5314 of such title. 

3 Associate Directors shall perform such functions as the 

4 Director may prescribe. 

5 (c) PRIMARY FUNCTIONS OF DIRECTOR.— 

6 (1) IN GENERAL.—The primary function of the 

7 Director is to coordinate and lead— 

8 (A) efforts by the United States to curb 

9 terrorist access to nuclear technology, mate10 rials, or expertise; and 

11 (B) other United States nonproliferation 

12 activities, including nuclear nonproliferation ac13 tivities and activities to counter other weapons 

14 of mass destruction. 

15 (2) SPECIFIC FUNCTIONS.—In addition to such 

16 other functions and activities as the President may 

17 assign, the Director shall— 

18 (A) advise the President, and others within 

19 the Executive Office of the President, on the 

20 role and effect of such nonproliferation activi21 ties on national security and international rela22 tions; 

23 (B) lead the development and implementa24 tion of a plan (including appropriate budgets, 

25 other resources, goals, and metrics for assessing 


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1 progress) to ensure that all the highest-priority 

2 actions to prevent terrorists from getting and 

3 using nuclear weapons are taken in the shortest 

4 possible time, including but not limited to a 

5 fast-paced global effort to ensure that every nu6 clear warhead and every kilogram of weapons7 usable nuclear material worldwide is secured 

8 and accounted for, to standards sufficient to de9 feat demonstrated terrorist and criminal 

10 threats, as rapidly as that objective can be ac11 complished; 

12 (C) identify obstacles to accelerating and 

13 strengthening efforts to prevent terrorists from 

14 getting and using nuclear weapons, and raise 

15 approaches to overcoming these obstacles for 

16 action by the President or other appropriate of17 ficials; 

18 (D) lead an effort, to be carried out jointly 

19 by the various Federal agencies responsible for 

20 carrying out such nonproliferation activities, to 

21 establish priorities among those activities and 

22 to develop and implement strategies and budg23 ets that reflect those priorities; 

24 (E) build strong partnerships with respect 

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1 eral, State, and local governments, foreign gov2 ernments, international organizations, and non3 governmental organizations; and 

4 (F) evaluate the scale, quality, and effec5 tiveness of the Federal effort with respect to 

6 such nonproliferation activities and advise on 

7 appropriate actions. 

8 SEC. 324. REMOVAL OF RESTRICTIONS ON COOPERATIVE 

9 THREAT REDUCTION PROGRAMS. 

10 (a) REPEAL OF RESTRICTIONS.— 

11 (1) RESTRICTIONS ON ASSISTANCE IN DE12 STROYING FORMER SOVIET WEAPONS.—Section 

13 211(b) of the Soviet Nuclear Threat Reduction Act 

14 of 1991 (22 U.S.C. 2551 note) is repealed. 

15 (2) RESTRICTIONS ON AUTHORITY TO CARRY

16 OUT CTR PROGRAMS.—Section 1203(d) of the Coop17 erative Threat Reduction Act of 1993 (title XII of 

18 Public Law 103–160; 22 U.S.C. 5952(d)) is re19 pealed. 

20 (3) LIMITATION ON USE OF FUNDS FOR CHEM21 ICAL WEAPONS DESTRUCTION.—Section 1305 of the 

22 National Defense Authorization Act for Fiscal Year 

23 2000 (22 U.S.C. 5952 note) is repealed. 

24 (b) EXEMPTION FROM LIMITATIONS.—Cooperative 

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1 standing any other provision of law, subject to congres2 sional notification and reporting requirements that apply 

3 to the use of funds available for Cooperative Threat Re4 duction programs or the carrying out of projects or activi5 ties under such programs. 

6 (c) INAPPLICABILITY OF OTHER RESTRICTIONS.— 

7 Section 502 of the Freedom for Russia and Emerging 

8 Eurasian Democracies and Open Markets Support Act of 

9 1992 (22 U.S.C. 5852) shall not apply to any Cooperative 

10 Threat Reduction program. 

11 SEC. 325. REMOVAL OF RESTRICTIONS ON DEPARTMENT 

12 OF ENERGY NONPROLIFERATION PROGRAMS. 

13 Section 4301 of the Atomic Energy Defense Act (50 

14 U.S.C. 2561) is repealed. 

15 SEC. 326. MODIFICATIONS OF AUTHORITY TO USE COOPER16 ATIVE THREAT REDUCTION PROGRAM FUNDS 

17 OUTSIDE THE FORMER SOVIET UNION. 

18 Section 1308 of the National Defense Authorization 

19 Act for Fiscal Year 2004 (Public Law 108–136; 117 Stat. 

20 1662; 22 U.S.C. 5963) is amended— 

21 (1) by striking ‘‘President’’ each place it ap22 pears and inserting ‘‘Secretary of Defense’’; 

23 (2) in subsection (a), by striking ‘‘each of the 

24 following’’ and all that follows through the period at 


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1 the end and inserting the following: ‘‘that such 

2 project or activity will— 

3 ‘‘(1) assist the United States in the resolution 

4 of a critical emerging proliferation threat; or 

5 ‘‘(2) permit the United States to take advan6 tage of opportunities to achieve long-standing non7 proliferation goals.’’; 

8 (3) by striking subsections (c) and (d); and 

9 (4) by redesignating subsection (e) as sub10 section (c). 

11 SEC. 327. MODIFICATIONS OF AUTHORITY TO USE INTER12 NATIONAL NUCLEAR MATERIALS PROTEC13 TION AND COOPERATION PROGRAM FUNDS 

14 OUTSIDE THE FORMER SOVIET UNION. 

15 Section 3124 of the National Defense Authorization 

16 Act for Fiscal Year 2004 (Public Law 108–136; 117 Stat. 

17 1747) is amended— 

18 (1) by striking ‘‘President’’ each place it ap19 pears and inserting ‘‘Secretary of Energy’’; 

20 (2) in subsection (a), by striking ‘‘each of the 

21 following’’ and all that follows through the period at 

22 the end and inserting the following: ‘‘that such 

23 project or activity will— 

24 ‘‘(1) assist the United States in the resolution 

25 of a critical emerging proliferation threat; or 


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1 ‘‘(2) permit the United States to take advan2 tage of opportunities to achieve long-standing non3 proliferation goals.’’; 

4 (3) by striking subsections (c) and (d); and 

5 (4) by redesignating subsection (e) as sub6 section (c). 

7 SEC. 328. SPECIAL REPORTS ON ADHERENCE TO ARMS 

8 CONTROL AGREEMENTS AND NON9 PROLIFERATION COMMITMENTS. 

10 (a) REPORTS REQUIRED.—At least annually, the 

11 Secretary of State shall submit to the appropriate congres12 sional committees a report on each country in which a Co13 operative Threat Reduction program is being carried out. 

14 The report shall describe that country’s commitments to— 

15 (1) making substantial national investments in 

16 infrastructure to secure, safeguard, and destroy 

17 weapons of mass destruction; 

18 (2) forgoing any military modernization exceed19 ing legitimate defense requirements, including re20 placement of weapons of mass destruction; 

21 (3) forgoing any use of fissionable materials or 

22 any other components of deactivated nuclear weap23 ons in a new nuclear weapons program; 

24 (4) complying with all relevant arms control 

25 agreements; 


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1 (5) adopting and enforcing national and inter2 national export controls over munitions and dual-use 

3 items; and 

4 (6) facilitating the verification by the United 

5 States and international community of that coun6 try’s compliance with such commitments. 

7 (b) FORM.—The report required under subsection (a) 

8 may be submitted with the report required under section 

9 403 of the Arms Control and Disarmament Act (22 

10 U.S.C. 2593a). 

11 SEC. 329. PRESIDENTIAL REPORT ON IMPEDIMENTS TO 

12 CERTAIN NONPROLIFERATION ACTIVITIES. 

13 Not later than 90 days after the date of the enact14 ment of this Act, the President shall submit to the appro15 priate congressional committees a report identifying im16 pediments (including liability concerns, taxation issues, ac17 cess rights, and other impediments) to— 

18 (1) the ongoing renegotiation of the umbrella 

19 agreement relating to Cooperative Threat Reduction; 

20 and 

21 (2) the ongoing negotiations for the implemen22 tation of the Plutonium Disposition Program, the 

23 Nuclear Cities Initiative, and other defense nuclear 

24 nonproliferation programs. 


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1 SEC. 330. ENHANCEMENT OF GLOBAL THREAT REDUCTION 

2 INITIATIVE. 

3 Section 3132 of the Ronald W. Reagan National De4 fense Authorization Act for Fiscal Year 2005 (Public Law 

5 108–375; 118 Stat. 2166; 50 U.S.C. 2569) is amended— 

6 (1) in subsection (b)— 

7 (A) in the subsection heading, by striking 

8 ‘‘PROGRAM AUTHORIZED’’ and inserting ‘‘PRO9 GRAM REQUIRED’’; and 

10 (B) by striking ‘‘The Secretary of Energy 

11 may’’ and inserting ‘‘The President, acting 

12 through the Secretary of Energy, shall’’; and 

13 (2) in subsection (c)(1), by adding at the end 

14 the following new subparagraph: 

15 ‘‘(N) Take such other actions as may be nec16 essary to effectively implement the Global Threat 

17 Reduction Initiative.’’. 

18 SEC. 331. EXPANSION OF PROLIFERATION SECURITY INI19 TIATIVE. 

20 (a) SENSE OF CONGRESS RELATING TO PROLIFERA21 TION SECURITY INITIATIVE.—It is the sense of the Con22 gress that— 

23 (1) the President should strive to expand and 

24 strengthen the Proliferation Security Initiative an25 nounced by the President on May 31, 2003, placing 


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1 particular emphasis on including countries outside of 

2 NATO; and 

3 (2) the United States should engage the United 

4 Nations to develop a Security Council Resolution to 

5 authorize the Proliferation Security Initiative under 

6 international law, including by providing legal au7 thority to stop shipments of weapons of mass de8 struction, their delivery systems, and related mate9 rials. 

10 (b) AUTHORIZATION OF APPROPRIATIONS RELATING

11 TO PROLIFERATION SECURITY INITIATIVE.—There are 

12 authorized to be appropriated for fiscal year 2007, 

13 $50,000,000 to conduct joint training exercises regarding 

14 interdiction of weapons of mass destruction under the Pro15 liferation Security Initiative. Particular emphasis should 

16 be given to allocating funds from such amount— 

17 (1) to invite other countries that do not partici18 pate in the Proliferation Security Initiative to ob19 serve the joint training exercises; and 

20 (2) to conduct training exercises with countries 

21 that openly join the Proliferation Security Initiative 

22 after the date of the enactment of this Act. 


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1 SEC. 332. SENSE OF CONGRESS RELATING TO INTER2 NATIONAL SECURITY STANDARDS FOR NU3 CLEAR WEAPONS AND MATERIALS. 

4 It is the sense of the Congress that the President 

5 should seek to devise and implement standards to improve 

6 the security of nuclear weapons and materials by— 

7 (1) establishing with other willing nations a set 

8 of performance-based standards for the security of 

9 nuclear weapons and weapons; 

10 (2) negotiating with those nations an agreement 

11 to adopt the standards and implement appropriate 

12 verification measures to assure ongoing compliance; 

13 and 

14 (3) coordinating with those nations and the 

15 International Atomic Energy Agency to strongly en16 courage other states to adopt and verifiably imple17 ment the standards. 

18 SEC. 333. AUTHORIZATION OF APPROPRIATIONS RELATING 

19 TO INVENTORY OF RUSSIAN TACTICAL NU20 CLEAR WARHEADS AND DATA EXCHANGES. 

21 In addition to any other amounts authorized to be 

22 appropriated for such purposes, there are authorized to 

23 be appropriated to the Administrator for Nuclear Security 

24 for fiscal year 2007, $5,000,000 for assistance to Russia 

25 to facilitate the conduct of a comprehensive inventory of 

26 the stockpile of Russia of— 


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1 (1) non-strategic nuclear weapons; and 

2 (2) nuclear weapons, whether strategic or non3 strategic, that are not secured by PALs or other 

4 electronic means. 

5 SEC. 334. REPORT ON ACCOUNTING FOR AND SECURING OF 

6 RUSSIA’S NON-STRATEGIC NUCLEAR WEAP7 ONS. 

8 Not later than 120 days after the date of the enact9 ment of this Act, the Secretary of Defense shall submit 

10 to the appropriate congressional committees a report on 

11 Russia’s non-strategic nuclear weapons. The report 

12 shall— 

13 (1) detail past and current efforts of the United 

14 States to encourage a proper accounting for and se15 curing of Russia’s non-strategic nuclear weapons 

16 and Russia’s nuclear weapons, whether strategic or 

17 non-strategic, that are not secured by PALs or other 

18 electronic means; 

19 (2) detail the actions that are most likely to 

20 lead to progress in improving the accounting for and 

21 securing or dismantlement of such weapons; and 

22 (3) detail the feasibility of enhancing the na23 tional security of the United States by developing in24 creased transparency between the United States and 

25 Russia with respect to the numbers, locations, and 


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1 descriptions of such weapons and of the cor2 responding weapons of the United States. 

3 SEC. 335. RESEARCH AND DEVELOPMENT INVOLVING AL4 TERNATIVE USE OF WEAPONS OF MASS DE5 STRUCTION EXPERTISE. 

6 (a) AUTHORITY TO USE FUNDS.—Notwithstanding 

7 any other provision of law and subject to subsection (c), 

8 any funds available to a department or agency of the Fed9 eral Government may be used to conduct non-defense re10 search and development in Russia and the states of the 

11 former Soviet Union on technologies specified in sub12 section (b) utilizing scientists in Russia and the states of 

13 the former Soviet Union who have expertise in— 

14 (1) nuclear weapons; or 

15 (2) chemical or biological weapons, but only if 

16 such scientists no longer engage, or have never en17 gaged, in activities supporting prohibited chemical or 

18 biological capabilities. 

19 (b) TECHNOLOGIES.—The technologies specified in 

20 this subsection are technologies on the following: 

21 (1) Environmental restoration and monitoring. 

22 (2) Proliferation detection. 

23 (3) Health and medicine, including research. 

24 (4) Energy. 


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1 (c) LIMITATION.—Funds may not be used under sub2 section (a) for research and development if the Secretary 

3 of State, in consultation with the Secretary of Defense and 

4 the Secretary of Energy, determines that such research 

5 and development will— 

6 (1) pose a threat to the security interests of the 

7 United States; or 

8 (2) further materially any defense technology. 

9 (d) AUTHORIZATION OF APPROPRIATIONS.— 

10 (1) IN GENERAL.—There is authorized to be 

11 appropriated to the Department of State 

12 $20,000,000 for fiscal year 2007 for the following 

13 purposes: 

14 (A) To make determinations under sub15 section (c). 

16 (B) To defray any increase in costs in17 curred by the Department of State, or any 

18 other department or agency of the Federal Gov19 ernment, for research and development, or dem20 onstration, as a result of research and develop21 ment conducted under this section. 

22 (2) AVAILABILITY.—(A) Amounts authorized to 

23 be appropriated by paragraph (1) are authorized to 

24 remain available until expended. 


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1 (B) Any amount transferred to a department or 

2 agency of the Federal Government pursuant to para3 graph (1)(B) shall be merged with amounts available 

4 to such department or agency to cover costs con5 cerned, and shall be available for the same purposes, 

6 and for the same period, as amounts with which 

7 merged. 

8 SEC. 336. STRENGTHENING THE NUCLEAR NONPROLIFERA9 TION TREATY. 

10 (a) FINDINGS.—Congress finds the following: 

11 (1) Article IV of the Treaty on the Non-Pro12 liferation of Nuclear Weapons (commonly referred to 

13 as the Nuclear Nonproliferation Treaty or NPT) (21 

14 UST 483) states that countries that are parties to 

15 the treaty have the ‘‘inalienable right . . . to develop 

16 research, production and use of nuclear energy for 

17 peaceful purposes without discrimination and in con18 formity with articles I and II of this treaty.’’. 

19 (2) The rights outlined under article IV include 

20 all fuel cycle activities, despite the fact that uranium 

21 enrichment and plutonium production potentially put 

22 a country in a position to produce weapons usable 

23 material. 

24 (3) David Bergmann, former chairman of the 

25 Israeli Atomic Energy Commission, stated: ‘‘. . . by 


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1 developing atomic energy for peaceful uses, you 

2 reach the nuclear weapon option. There are not two 

3 atomic energies’’. 

4 (4) The wording of article IV has made it pos5 sible for countries that are parties to the NPT trea6 ty to use peaceful nuclear programs as a cover for 

7 weapons programs. In particular, the misuse by 

8 North Korea and Iran of these provisions threatens 

9 to undercut the viability of the nuclear nonprolifera10 tion regime and the entire system of international 

11 nuclear commerce. 

12 (5) If the international community fails to de13 vise effective measures to deal with the ‘‘loophole’’ in 

14 article IV, then there is a great likelihood that the 

15 ranks of countries possessing nuclear weapons will 

16 increase markedly in the next decade. 

17 (b) PRESIDENTIAL REPORT ON CONTROL OF NU18 CLEAR FUEL CYCLE TECHNOLOGIES AND MATERIAL.— 

19 Not later than 90 days after the date of the enactment 

20 of this Act, the President shall submit to the appropriate 

21 congressional committees a report identifying ways to 

22 more effectively control nuclear fuel cycle technologies and 

23 material, including ways that the United States can mobi24 lize the international community to close the ‘‘loophole’’ 


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1 of article IV of the NPT, without undermining the treaty 

2 itself. 

3 SEC. 337. DEFINITIONS. 

4 In this subtitle: 

5 (1) APPROPRIATE CONGRESSIONAL COMMIT6 TEES.—The term ‘‘appropriate congressional com7 mittees’’ means— 

8 (A) the Committee on International Rela9 tions, the Committee on Armed Services, the 

10 Committee on Homeland Security, and the 

11 Committee on Appropriations of the House of 

12 Representatives; and 

13 (B) the Committee on Foreign Relations, 

14 the Committee on Armed Services, the Com15 mittee on Homeland Security and Govern16 mental Affairs, and the Committee on Appro17 priations of the Senate. 

18 (2) COOPERATIVE THREAT REDUCTION PRO19 GRAMS.—The term ‘‘Cooperative Threat Reduction 

20 programs’’ means programs and activities specified 

21 in section 1501(b) of the National Defense Author22 ization Act for Fiscal Year 1997 (Public Law 104– 

23 201; 110 Stat. 2731; 50 U.S.C. 2362 note). 

Æ 


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