I 

109TH CONGRESS 

2D SESSION H. R. 5017 

To ensure the implementation of the recommendations of the National 

Commission on Terrorist Attacks Upon the United States. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 28, 2006 

Mr. SHAYS (for himself and Mrs. MALONEY) introduced the following bill; 

which was referred to the Committee on Homeland Security, and in addition to the Select Committee on Intelligence (Permanent Select), Government Reform, Armed Services, Judiciary, International Relations, Financial Services, Transportation and Infrastructure, Rules, Energy and Commerce, Ways and Means, and Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions 

as fall within the jurisdiction of the committee concerned 

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’’. 


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

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definition; 9/11 Commission. 

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 Superseded provision.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. 


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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. 

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. 


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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. 

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. 


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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. 

5 TITLE I—HOMELAND SECURITY, 

6 EMERGENCY PREPAREDNESS 

7 AND RESPONSE 

8 Subtitle A—Emergency 

9 Preparedness and Response 

10 CHAPTER 1—EMERGENCY 

11 PREPAREDNESS 

12 SEC. 101. ADEQUATE RADIO SPECTRUM FOR FIRST RE13 SPONDERS. 

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

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

16 ‘‘HERO Act’’. 

17 (b) PREVENTION OF DELAY IN REASSIGNMENT OF

18 24 MEGAHERTZ FOR PUBLIC SAFETY PURPOSES.—Sec19 tion 309(j)(14) of the Communications Act of 1934 (47 

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

21 following new subparagraph: 

22 ‘‘(E) EXTENSIONS NOT PERMITTED FOR

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

24 PUBLIC SAFETY SERVICES.—Notwithstanding 

25 subparagraph (B), the Commission shall not 

26 grant any extension under such subparagraph 


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1 from the limitation of subparagraph (A) with 

2 respect to the frequencies assigned, pursuant to 

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

4 The Commission shall take all actions necessary 

5 to complete assignment of the electromagnetic 

6 spectrum between 764 and 776 megahertz, in7 clusive, and between 794 and 806 megahertz, 

8 inclusive, for public safety services and to per9 mit operations by public safety services on those 

10 frequencies commencing no later than January 

11 1, 2007.’’. 

12 SEC. 102. REPORT ON ESTABLISHING A UNIFIED INCIDENT 

13 COMMAND SYSTEM. 

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 Homeland Security 

17 shall submit to the relevant congressional committees a 

18 report on the recommendations of the 9/11 Commission 

19 and the policy goals of the Intelligence Reform and Ter20 rorism Prevention Act of 2004 (Public Law 108–458) 

21 with respect to establishing a unified incident command 

22 system. Such report shall include— 

23 (1) a certification by the Secretary of Home24 land Security that such recommendations have been 


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1 implemented and such policy goals have been 

2 achieved; or 

3 (2) if the Secretary of Homeland Security is 

4 unable to make the certification described in para5 graph (1), a description of— 

6 (A) the steps taken to implement such rec7 ommendations and achieve such policy goals; 

8 (B) when the Secretary of Homeland Secu9 rity expects such recommendations to be imple10 mented and such policy goals to be achieved; 

11 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 Secretary of Homeland Security submits a cer19 tification pursuant to subsection (a)(1). 

20 (c) GAO REVIEW OF CERTIFICATION.—If the Sec21 retary of Homeland Security submits a certification pursu22 ant to subsection (a)(1), not later than 30 days after the 

23 submission of such certification, the Comptroller General 

24 shall submit to the relevant congressional committees a 

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1 section (a) have been implemented and whether the policy 

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

3 SEC. 103. REPORT ON COMPLETING A NATIONAL CRITICAL 

4 INFRASTRUCTURE RISK AND 

5 VULNERABILITIES ASSESSMENT. 

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 shall submit to the relevant congressional committees a 

10 report on the recommendations of the 9/11 Commission 

11 and the policy goals of the Intelligence Reform and Ter12 rorism Prevention Act of 2004 (Public Law 108–458) 

13 with respect to completing a national critical infrastruc14 ture risk and vulnerabilities assessment. Such report shall 

15 include— 

16 (1) a certification by the Secretary of Home17 land Security that such recommendations have been 

18 implemented and such policy goals have been 

19 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 the Secretary of Homeland Secu2 rity expects such recommendations to be imple3 mented 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 Secretary of Homeland Security submits a cer12 tification pursuant to subsection (a)(1). 

13 (c) GAO REVIEW OF CERTIFICATION.—If the Sec14 retary of Homeland Security 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 SEC. 104. PRIVATE SECTOR PREPAREDNESS. 

22 The Comptroller General of the United States shall 

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

24 the date of the enactment of this Act— 


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

2 enhance private sector preparedness for terrorist at3 tack; and 

4 (2) recommendations of any additional congres5 sional action or administrative action that is nec6 essary to enhance such preparedness. 

7 SEC. 105. RELEVANT CONGRESSIONAL COMMITTEES DE8 FINED. 

9 In this chapter, the term ‘‘relevant congressional 

10 committees’’ means the Committee on Homeland Security, 

11 the Committee on Government Reform, and the Com12 mittee on Transportation and Infrastructure of the House 

13 of Representatives and the Committee on Homeland Secu14 rity and Government Affairs and the Committee on Envi15 ronment and Public Works of the Senate. 

16 CHAPTER 2—ASSISTANCE FOR FIRST 

17 RESPONDERS 

18 SEC. 111. SHORT TITLE. 

19 This chapter may be cited as the ‘‘Faster and Smart20 er Funding for First Responders Act of 2005’’. 

21 SEC. 112. FINDINGS. 

22 The Congress finds the following: 

23 (1) In order to achieve its objective of pre24 venting, minimizing the damage from, and assisting 

25 in the recovery from terrorist attacks, the DepartVerDate Aug 31 2005 22:24 Mar 29, 2006 Jkt 049200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H5017.IH H5017

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1 ment of Homeland Security must play a leading role 

2 in assisting communities to reach the level of pre3 paredness they need to prevent and respond to a ter4 rorist attack. 

5 (2) First responder funding is not reaching the 

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

7 quickly enough, and sometimes not at all. 

8 (3) To reform the current bureaucratic process 

9 so that homeland security dollars reach the first re10 sponders who need it most, it is necessary to clarify 

11 and consolidate the authority and procedures of the 

12 Department of Homeland Security that support first 

13 responders. 

14 (4) Ensuring adequate resources for the new 

15 national mission of homeland security, without de16 grading the ability to address effectively other types 

17 of major disasters and emergencies, requires a dis18 crete and separate grant making process for home19 land security funds for first response to terrorist 

20 acts, on the one hand, and for first responder pro21 grams designed to meet pre-September 11 priorities, 

22 on the other. 

23 (5) While a discrete homeland security grant 

24 making process is necessary to ensure proper focus 

25 on the unique aspects of terrorism preparedness, it 


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1 is essential that State and local strategies for uti2 lizing such grants be integrated, to the greatest ex3 tent practicable, with existing State and local emer4 gency management plans. 

5 (6) Homeland security grants to first respond6 ers must be based on the best intelligence con7 cerning the capabilities and intentions of our ter8 rorist enemies, and that intelligence must be used to 

9 target resources to the Nation’s greatest threats, 

10 vulnerabilities, and consequences. 

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

12 be improved by sharing resources, training, plan13 ning, personnel, and equipment among neighboring 

14 jurisdictions through mutual aid agreements and re15 gional cooperation. Such regional cooperation should 

16 be supported, where appropriate, through direct 

17 grants from the Department of Homeland Security. 

18 (8) An essential prerequisite to achieving the 

19 Nation’s homeland security objectives for first re20 sponders is the establishment of well-defined na21 tional goals for terrorism preparedness. These goals 

22 should delineate the essential capabilities that every 

23 jurisdiction in the United States should possess or 

24 to which it should have access. 


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1 (9) A national determination of essential capa2 bilities is needed to identify levels of State and local 

3 government terrorism preparedness, to determine 

4 the nature and extent of State and local first re5 sponder needs, to identify the human and financial 

6 resources required to fulfill them, to direct funding 

7 to meet those needs, and to measure preparedness 

8 levels on a national scale. 

9 (10) To facilitate progress in achieving, main10 taining, and enhancing essential capabilities for 

11 State and local first responders, the Department of 

12 Homeland Security should seek to allocate homeland 

13 security funding for first responders to meet nation14 wide needs. 

15 (11) Private sector resources and citizen volun16 teers can perform critical functions in assisting in 

17 preventing and responding to terrorist attacks, and 

18 should be integrated into State and local planning 

19 efforts to ensure that their capabilities and roles are 

20 understood, so as to provide enhanced State and 

21 local operational capability and surge capacity. 

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

23 partnerships between the Business Executives for 

24 National Security and the States of New Jersey and 

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1 vate sector support for State and local first respond2 ers. Such models should be expanded to cover all 

3 States and territories. 

4 (13) An important aspect of terrorism pre5 paredness is measurability, so that it is possible to 

6 determine how prepared a State or local government 

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

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

9 against, and recover from acts of terrorism. 

10 (14) The Department of Homeland Security 

11 should establish, publish, and regularly update na12 tional voluntary consensus standards for both equip13 ment and training, in cooperation with both public 

14 and private sector standard setting organizations, to 

15 assist State and local governments in obtaining the 

16 equipment and training to attain the essential capa17 bilities for first response to acts of terrorism, and to 

18 ensure that first responder funds are spent wisely. 

19 SEC. 113. FASTER AND SMARTER FUNDING FOR FIRST RE20 SPONDERS. 

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

22 2002 (Public Law 107–296; 6 U.S.C. 361 et seq.) is 

23 amended— 

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

25 adding at the end the following: 


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‘‘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. 

‘‘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 reVerDate Aug 31 2005 22:24 Mar 29, 2006 Jkt 049200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H5017.IH H5017

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1 sponse agency with the capacity to respond to 

2 calls for law enforcement or emergency services; 

3 and 

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

5 an international border or waterway; 

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

7 designated as high-risk critical infrastructure 

8 by the Secretary; 

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

10 of the 50 largest metropolitan statistical areas 

11 in the United States; or 

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

13 Indian country, as that term is defined in sec14 tion 1151 of title 18, United States Code. 

15 ‘‘(4) ELEVATIONS IN THE THREAT ALERT

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

17 level’ means any designation (including those that 

18 are less than national in scope) that raises the 

19 homeland security threat level to either the highest 

20 or second highest threat level under the Homeland 

21 Security Advisory System referred to in section 

22 201(d)(7). 

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

24 ‘emergency preparedness’ shall have the same mean25 ing that term has under section 602 of the Robert 


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1 T. Stafford Disaster Relief and Emergency Assist2 ance Act (42 U.S.C. 5195a). 

3 ‘‘(6) ESSENTIAL CAPABILITIES.—The term ‘es4 sential capabilities’ means the levels, availability, 

5 and competence of emergency personnel, planning, 

6 training, and equipment across a variety of dis7 ciplines needed to effectively and efficiently prevent, 

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

9 terrorism consistent with established practices. 

10 ‘‘(7) FIRST RESPONDER.—The term ‘first re11 sponder’ shall have the same meaning as the term 

12 ‘emergency response provider’. 

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

14 means any Indian tribe, band, nation, or other orga15 nized group or community, including any Alaskan 

16 Native village or regional or village corporation as 

17 defined in or established pursuant to the Alaskan 

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

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

20 programs and services provided by the United States 

21 to Indians because of their status as Indians. 

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

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

24 or parts of 2 or more contiguous States, coun25 ties, municipalities, or other local governments 


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1 that have a combined population of at least 

2 1,650,000 or have an area of not less than 

3 20,000 square miles, and that, for purposes of 

4 an application for a covered grant, is rep5 resented by 1 or more governments or govern6 mental agencies within such geographic area, 

7 and that is established by law or by agreement 

8 of 2 or more such governments or governmental 

9 agencies in a mutual aid agreement; or 

10 ‘‘(B) any other combination of contiguous 

11 local government units (including such a com12 bination established by law or agreement of two 

13 or more governments or governmental agencies 

14 in a mutual aid agreement) that is formally cer15 tified by the Secretary as a region for purposes 

16 of this title with the consent of— 

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

18 are located, including a multi-State entity 

19 established by a compact between two or 

20 more States; and 

21 ‘‘(ii) the incorporated municipalities, 

22 counties, and parishes that they encom23 pass. 


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

2 means the Task Force on Terrorism Preparedness 

3 for First Responders established under section 1805. 

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

5 ‘terrorism preparedness’ means any activity designed 

6 to improve the ability to prevent, prepare for, re7 spond to, mitigate against, or recover from threat8 ened or actual terrorist attacks. 

9 ‘‘SEC. 1802. FASTER AND SMARTER FUNDING FOR FIRST RE10 SPONDERS. 

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

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

13 eligible tribes for the primary purpose of improving the 

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

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

16 terrorist attacks, especially those involving weapons of 

17 mass destruction, administered under the following: 

18 ‘‘(1) STATE HOMELAND SECURITY GRANT PRO19 GRAM.—The State Homeland Security Grant Pro20 gram of the Department, or any successor to such 

21 grant program. 

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

23 Urban Area Security Initiative of the Department, 

24 or any successor to such grant program. 


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1 ‘‘(3) LAW ENFORCEMENT TERRORISM PREVEN2 TION PROGRAM.—The Law Enforcement Terrorism 

3 Prevention Program of the Department, or any suc4 cessor to such grant program. 

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

6 apply to or otherwise affect the following Federal grant 

7 programs or any grant under such a program: 

8 ‘‘(1) NONDEPARTMENT PROGRAMS.—Any Fed9 eral grant program that is not administered by the 

10 Department. 

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

12 programs authorized by sections 33 and 34 of the 

13 Federal Fire Prevention and Control Act of 1974 

14 (15 U.S.C. 2229, 2229a). 

15 ‘‘(3) EMERGENCY MANAGEMENT PLANNING

16 AND ASSISTANCE ACCOUNT GRANTS.—The Emer17 gency Management Performance Grant program and 

18 the Urban Search and Rescue Grants program au19 thorized by title VI of the Robert T. Stafford Dis20 aster Relief and Emergency Assistance Act (42 

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

22 Affairs and Housing and Urban Development, and 

23 Independent Agencies Appropriations Act, 2000 

24 (113 Stat. 1047 et seq.); and the Earthquake HazVerDate Aug 31 2005 22:24 Mar 29, 2006 Jkt 049200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\H5017.IH H5017

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1 ards Reduction Act of 1977 (42 U.S.C. 7701 et 

2 seq.). 

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

4 ‘‘(a) GRANT ELIGIBILITY.—Any State, region, or di5 rectly eligible tribe shall be eligible to apply for a covered 

6 grant. 

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

8 covered grants to assist States and local governments in 

9 achieving, maintaining, and enhancing the essential capa10 bilities for terrorism preparedness established by the Sec11 retary. 

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

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

14 shall require that any State applying to the Sec15 retary for a covered grant must submit to the Sec16 retary a 3-year State homeland security plan that— 

17 ‘‘(A) describes the essential capabilities 

18 that communities within the State should pos19 sess, or to which they should have access, based 

20 upon the terrorism risk factors relevant to such 

21 communities, in order to meet the Department’s 

22 goals for terrorism preparedness; 

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

24 State has achieved the essential capabilities 

25 that apply to the State; 


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

2 necessary to achieve, maintain, or enhance the 

3 essential capabilities that apply to the State; 

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

5 based on threat, vulnerability, and consequence 

6 assessment factors applicable to the State; 

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

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

9 county, regional, tribal, State, and inter10 state level, including a precise description 

11 of any regional structure the State has es12 tablished for the purpose of organizing 

13 homeland security preparedness activities 

14 funded by covered grants; 

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

16 local resources available for the purpose of 

17 addressing such needs; and 

18 ‘‘(iii) to give particular emphasis to 

19 regional planning and cooperation, includ20 ing the activities of multijurisdictional 

21 planning agencies governed by local offi22 cials, both within its jurisdictional borders 

23 and with neighboring States; 

24 ‘‘(F) with respect to the emergency pre25 paredness of first responders, addresses the 


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1 unique aspects of terrorism as part of a com2 prehensive State emergency management plan; 

3 and 

4 ‘‘(G) provides for coordination of response 

5 and recovery efforts at the local level, including 

6 procedures for effective incident command in 

7 conformance with the National Incident Man8 agement System. 

9 ‘‘(2) CONSULTATION.—The State plan sub10 mitted under paragraph (1) shall be developed in 

11 consultation with and subject to appropriate com12 ment by local governments and first responders 

13 within the State. 

14 ‘‘(3) APPROVAL BY SECRETARY.—The Sec15 retary may not award any covered grant to a State 

16 unless the Secretary has approved the applicable 

17 State homeland security plan. 

18 ‘‘(4) REVISIONS.—A State may revise the appli19 cable State homeland security plan approved by the 

20 Secretary under this subsection, subject to approval 

21 of the revision by the Secretary. 

22 ‘‘(d) CONSISTENCY WITH STATE PLANS.—The Sec23 retary shall ensure that each covered grant is used to sup24 plement and support, in a consistent and coordinated 


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1 manner, the applicable State homeland security plan or 

2 plans. 

3 ‘‘(e) APPLICATION FOR GRANT.— 

4 ‘‘(1) IN GENERAL.—Except as otherwise pro5 vided in this subsection, any State, region, or di6 rectly eligible tribe may apply for a covered grant by 

7 submitting to the Secretary an application at such 

8 time, in such manner, and containing such informa9 tion as is required under this subsection, or as the 

10 Secretary may reasonably require. 

11 ‘‘(2) DEADLINES FOR APPLICATIONS AND

12 AWARDS.—All applications for covered grants must 

13 be submitted at such time as the Secretary may rea14 sonably require for the fiscal year for which they are 

15 submitted. The Secretary shall award covered grants 

16 pursuant to all approved applications for such fiscal 

17 year as soon as practicable, but not later than 

18 March 1 of such year. 

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

20 awarded by the Secretary under covered grants in a 

21 fiscal year shall be available for obligation through 

22 the end of the subsequent fiscal year. 

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

24 The Secretary shall require that each applicant in25 clude in its application, at a minimum— 


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

2 seeks covered grant funds and the reasons why 

3 the applicant needs the covered grant to meet 

4 the essential capabilities for terrorism prepared5 ness within the State, region, or directly eligible 

6 tribe to which the application pertains; 

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

8 the applicable State homeland security plan or 

9 plans under subsection (c), the allocation of 

10 grant funding proposed in the application, in11 cluding, where applicable, the amount not 

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

13 assist in fulfilling the essential capabilities for 

14 terrorism preparedness specified in such plan or 

15 plans; 

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

17 agreement applies to the use of all or any por18 tion of the covered grant funds; 

19 ‘‘(D) if the applicant is a State, a descrip20 tion of how the State plans to allocate the cov21 ered grant funds to regions, local governments, 

22 and Indian tribes; 

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

24 ‘‘(i) a precise geographical description 

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1 ticipating and nonparticipating local gov2 ernments within the geographical area 

3 comprising that region; 

4 ‘‘(ii) a specification of what govern5 mental entity within the region will admin6 ister the expenditure of funds under the 

7 covered grant; and 

8 ‘‘(iii) a designation of a specific indi9 vidual to serve as regional liaison; 

10 ‘‘(F) a capital budget showing how the ap11 plicant intends to allocate and expend the cov12 ered grant funds; 

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

14 tribe, a designation of a specific individual to 

15 serve as the tribal liaison; and 

16 ‘‘(H) a statement of how the applicant in17 tends to meet the matching requirement, if any, 

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

19 ‘‘(5) REGIONAL APPLICATIONS.— 

20 ‘‘(A) RELATIONSHIP TO STATE APPLICA21 TIONS.—A regional application— 

22 ‘‘(i) shall be coordinated with an ap23 plication submitted by the State or States 

24 of which such region is a part; 


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1 ‘‘(ii) shall supplement and avoid dupli2 cation with such State application; and 

3 ‘‘(iii) shall address the unique regional 

4 aspects of such region’s terrorism pre5 paredness needs beyond those provided for 

6 in the application of such State or States. 

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

8 To ensure the consistency required under sub9 section (d) and the coordination required under 

10 subparagraph (A) of this paragraph, an appli11 cant that is a region must submit its applica12 tion to each State of which any part is included 

13 in the region for review and concurrence prior 

14 to the submission of such application to the 

15 Secretary. The regional application shall be 

16 transmitted to the Secretary through each such 

17 State within 30 days of its receipt, unless the 

18 Governor of such a State notifies the Secretary, 

19 in writing, that such regional application is in20 consistent with the State’s homeland security 

21 plan and provides an explanation of the reasons 

22 therefor. 

23 ‘‘(C) DISTRIBUTION OF REGIONAL

24 AWARDS.—If the Secretary approves a regional 

25 application, then the Secretary shall distribute 


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1 a regional award to the State or States submit2 ting the applicable regional application under 

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

4 not later than the end of the 45-day period be5 ginning on the date after receiving a regional 

6 award, pass through to the region all covered 

7 grant funds or resources purchased with such 

8 funds, except those funds necessary for the 

9 State to carry out its responsibilities with re10 spect to such regional application: Provided, 

11 That in no such case shall the State or States 

12 pass through to the region less than 80 percent 

13 of the regional award. 

14 ‘‘(D) CERTIFICATIONS REGARDING DIS15 TRIBUTION OF GRANT FUNDS TO REGIONS.— 

16 Any State that receives a regional award under 

17 subparagraph (C) shall certify to the Secretary, 

18 by not later than 30 days after the expiration 

19 of the period described in subparagraph (C) 

20 with respect to the grant, that the State has 

21 made available to the region the required funds 

22 and resources in accordance with subparagraph 

23 (C). 

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

25 any State fails to pass through a regional 


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•HR 5017 IH 

1 award to a region as required by subparagraph 

2 (C) within 45 days after receiving such award 

3 and does not request or receive an extension of 

4 such period under section 1806(h)(2), the re5 gion may petition the Secretary to receive di6 rectly the portion of the regional award that is 

7 required to be passed through to such region 

8 under subparagraph (C). 

9 ‘‘(F) REGIONAL LIAISONS.—A regional li10 aison designated under paragraph (4)(E)(iii) 

11 shall— 

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

13 local, regional, and private officials within 

14 the region concerning terrorism prepared15 ness; 

16 ‘‘(ii) develop a process for receiving 

17 input from Federal, State, local, regional, 

18 and private sector officials within the re19 gion to assist in the development of the re20 gional application and to improve the re21 gion’s access to covered grants; and 

22 ‘‘(iii) administer, in consultation with 

23 State, local, regional, and private officials 

24 within the region, covered grants awarded 

25 to the region. 


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1 ‘‘(6) TRIBAL APPLICATIONS.— 

2 ‘‘(A) SUBMISSION TO THE STATE OR

3 STATES.—To ensure the consistency required 

4 under subsection (d), an applicant that is a di5 rectly eligible tribe must submit its application 

6 to each State within the boundaries of which 

7 any part of such tribe is located for direct sub8 mission to the Department along with the appli9 cation of such State or States. 

10 ‘‘(B) OPPORTUNITY FOR STATE COM11 MENT.—Before awarding any covered grant to 

12 a directly eligible tribe, the Secretary shall pro13 vide an opportunity to each State within the 

14 boundaries of which any part of such tribe is lo15 cated to comment to the Secretary on the con16 sistency of the tribe’s application with the 

17 State’s homeland security plan. Any such com18 ments shall be submitted to the Secretary con19 currently with the submission of the State and 

20 tribal applications. 

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

22 shall have final authority to determine the con23 sistency of any application of a directly eligible 

24 tribe with the applicable State homeland secu25 rity plan or plans, and to approve any applicaVerDate Aug 31 2005 22:24 Mar 29, 2006 Jkt 049200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\H5017.IH H5017

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•HR 5017 IH 

1 tion of such tribe. The Secretary shall notify 

2 each State within the boundaries of which any 

3 part of such tribe is located of the approval of 

4 an application by such tribe. 

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

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

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

8 local, regional, and private officials con9 cerning terrorism preparedness; 

10 ‘‘(ii) develop a process for receiving 

11 input from Federal, State, local, regional, 

12 and private sector officials to assist in the 

13 development of the application of such 

14 tribe and to improve the tribe’s access to 

15 covered grants; and 

16 ‘‘(iii) administer, in consultation with 

17 State, local, regional, and private officials, 

18 covered grants awarded to such tribe. 

19 ‘‘(E) LIMITATION ON THE NUMBER OF DI20 RECT GRANTS.—The Secretary may make cov21 ered grants directly to not more than 20 di22 rectly eligible tribes per fiscal year. 

23 ‘‘(F) TRIBES NOT RECEIVING DIRECT

24 GRANTS.—An Indian tribe that does not receive 

25 a grant directly under this section is eligible to 


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1 receive funds under a covered grant from the 

2 State or States within the boundaries of which 

3 any part of such tribe is located, consistent with 

4 the homeland security plan of the State as de5 scribed in subsection (c). If a State fails to 

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

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

8 the same manner as a local government. 

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

10 for a covered grant proposes to upgrade or purchase, 

11 with assistance provided under the grant, new equip12 ment or systems that do not meet or exceed any ap13 plicable national voluntary consensus standards es14 tablished by the Secretary, the applicant shall in15 clude in the application an explanation of why such 

16 equipment or systems will serve the needs of the ap17 plicant better than equipment or systems that meet 

18 or exceed such standards. 

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

20 PRIORITIZATION. 

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

22 ‘‘(1) ESTABLISHMENT OF BOARD.—The Sec23 retary shall establish a First Responder Grants 

24 Board, consisting of— 

25 ‘‘(A) the Secretary; 


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•HR 5017 IH 

1 ‘‘(B) the Under Secretary for Emergency 

2 Preparedness and Response; 

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

4 Transportation Security; 

5 ‘‘(D) the Under Secretary for Information 

6 Analysis and Infrastructure Protection; 

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

8 Technology; 

9 ‘‘(F) the Director of the Office for Domes10 tic Preparedness; 

11 ‘‘(G) the Administrator of the United 

12 States Fire Administration; and 

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

14 Plant Health Inspection Service. 

15 ‘‘(2) CHAIRMAN.— 

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

17 the Chairman of the Board. 

18 ‘‘(B) EXERCISE OF AUTHORITIES BY DEP19 UTY SECRETARY.—The Deputy Secretary of 

20 Homeland Security may exercise the authorities 

21 of the Chairman, if the Secretary so directs. 

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

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

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


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•HR 5017 IH 

1 staff of their directorates are available to and considered 

2 by the Board. 

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

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

5 Board shall evaluate and annually prioritize all 

6 pending applications for covered grants based upon 

7 the degree to which they would, by achieving, main8 taining, or enhancing the essential capabilities of the 

9 applicants on a nationwide basis, lessen the threat 

10 to, vulnerability of, and consequences for persons 

11 (including transient commuting and tourist popu12 lations) and critical infrastructure. Such evaluation 

13 and prioritization shall be based upon the most cur14 rent risk assessment available by the Directorate for 

15 Information Analysis and Infrastructure Protection 

16 of the threats of terrorism against the United 

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

18 regional, and tribal officials in establishing criteria 

19 for evaluating and prioritizing applications for cov20 ered grants. 

21 ‘‘(2) CRITICAL INFRASTRUCTURE SECTORS.— 

22 The Board specifically shall consider threats of ter23 rorism against the following critical infrastructure 

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

25 rural: 


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•HR 5017 IH 

1 ‘‘(A) Agriculture and food. 

2 ‘‘(B) Banking and finance. 

3 ‘‘(C) Chemical industries. 

4 ‘‘(D) The defense industrial base. 

5 ‘‘(E) Emergency services. 

6 ‘‘(F) Energy. 

7 ‘‘(G) Government facilities. 

8 ‘‘(H) Postal and shipping. 

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

10 ‘‘(J) Information technology. 

11 ‘‘(K) Telecommunications. 

12 ‘‘(L) Transportation systems. 

13 ‘‘(M) Water. 

14 ‘‘(N) Dams. 

15 ‘‘(O) Commercial facilities. 

16 ‘‘(P) National monuments and icons. 

17 The order in which the critical infrastructure sectors 

18 are listed in this paragraph shall not be construed 

19 as an order of priority for consideration of the im20 portance of such sectors. 

21 ‘‘(3) TYPES OF THREAT.—The Board specifi22 cally shall consider the following types of threat to 

23 the critical infrastructure sectors described in para24 graph (2), and to populations in all areas of the 

25 United States, urban and rural: 


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•HR 5017 IH 

1 ‘‘(A) Biological threats. 

2 ‘‘(B) Nuclear threats. 

3 ‘‘(C) Radiological threats. 

4 ‘‘(D) Incendiary threats. 

5 ‘‘(E) Chemical threats. 

6 ‘‘(F) Explosives. 

7 ‘‘(G) Suicide bombers. 

8 ‘‘(H) Cyber threats. 

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

10 to specific past acts of terrorism or the known 

11 activity of any terrorist group. 

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

13 this paragraph shall not be construed as an order of 

14 priority for consideration of the importance of such 

15 threats. 

16 ‘‘(4) CONSIDERATION OF ADDITIONAL FAC17 TORS.—The Board shall take into account any other 

18 specific threat to a population (including a transient 

19 commuting or tourist population) or critical infra20 structure sector that the Board has determined to 

21 exist. In evaluating the threat to a population or 

22 critical infrastructure sector, the Board shall give 

23 greater weight to threats of terrorism based upon 

24 their specificity and credibility, including any pat25 tern of repetition. 


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

2 and prioritizing grant applications under paragraph 

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

4 year— 

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

6 Virgin Islands, American Samoa, Guam, and 

7 the Northern Mariana Islands, that has an ap8 proved State homeland security plan receives no 

9 less than 0.25 percent of the funds available for 

10 covered grants for that fiscal year for purposes 

11 of implementing its homeland security plan in 

12 accordance with the prioritization of needs 

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

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

15 Virgin Islands, American Samoa, Guam, and 

16 the Northern Mariana Islands, that has an ap17 proved State homeland security plan and that 

18 meets one or both of the additional high-risk 

19 qualifying criteria under paragraph (6) receives 

20 no less than 0.45 percent of the funds available 

21 for covered grants for that fiscal year for pur22 poses of implementing its homeland security 

23 plan in accordance with the prioritization of 

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


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•HR 5017 IH 

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

2 Guam, and the Northern Mariana Islands each 

3 receives no less than 0.08 percent of the funds 

4 available for covered grants for that fiscal year 

5 for purposes of implementing its approved State 

6 homeland security plan in accordance with the 

7 prioritization of needs under section 

8 1803(c)(1)(D); and 

9 ‘‘(D) directly eligible tribes collectively re10 ceive no less than 0.08 percent of the funds 

11 available for covered grants for such fiscal year 

12 for purposes of addressing the needs identified 

13 in the applications of such tribes, consistent 

14 with the homeland security plan of each State 

15 within the boundaries of which any part of any 

16 such tribe is located, except that this clause 

17 shall not apply with respect to funds available 

18 for a fiscal year if the Secretary receives less 

19 than 5 applications for such fiscal year from 

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

21 not approve at least one such application. 

22 ‘‘(6) ADDITIONAL HIGH-RISK QUALIFYING CRI23 TERIA.—For purposes of paragraph (5)(B), addi24 tional high-risk qualifying criteria consist of— 


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1 ‘‘(A) having a significant international 

2 land border; or 

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

4 North America through which an international 

5 boundary line extends. 

6 ‘‘(d) EFFECT OF REGIONAL AWARDS ON STATE MIN7 IMUM.—Any regional award, or portion thereof, provided 

8 to a State under section 1803(e)(5)(C) shall not be consid9 ered in calculating the minimum State award under sub10 section (c)(5) of this section. 

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

12 FOR FIRST RESPONDERS. 

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

14 updating, revising, or replacing essential capabilities for 

15 terrorism preparedness, the Secretary shall establish an 

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

17 60 days after the date of the enactment of this section, 

18 which shall be known as the Task Force on Terrorism Pre19 paredness for First Responders. 

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

21 shall regularly update, revise, or replace the essential ca22 pabilities for terrorism preparedness as necessary, but not 

23 less than every 3 years. 

24 ‘‘(c) REPORT.— 


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1 ‘‘(1) IN GENERAL.—The Task Force shall sub2 mit to the Secretary, by not later than 12 months 

3 after its establishment by the Secretary under sub4 section (a) and not later than every 2 years there5 after, a report on its recommendations for essential 

6 capabilities for terrorism preparedness. 

7 ‘‘(2) CONTENTS.—Each report shall— 

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

9 capabilities in order to provide guidance to the 

10 Secretary and to the Congress on determining 

11 the appropriate allocation of, and funding levels 

12 for, first responder needs; 

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

14 State or local government will be able to deter15 mine the extent to which it possesses or has ac16 cess to the essential capabilities that States and 

17 local governments having similar risks should 

18 obtain; 

19 ‘‘(C) describe the availability of national 

20 voluntary consensus standards, and whether 

21 there is a need for new national voluntary con22 sensus standards, with respect to first re23 sponder training and equipment; 

24 ‘‘(D) include such additional matters as 

25 the Secretary may specify in order to further 


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•HR 5017 IH 

1 the terrorism preparedness capabilities of first 

2 responders; and 

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

4 of previous reports as are necessary to take into 

5 account changes in the most current risk as6 sessment available by the Directorate for Infor7 mation Analysis and Infrastructure Protection 

8 or other relevant information as determined by 

9 the Secretary. 

10 ‘‘(3) CONSISTENCY WITH FEDERAL WORKING

11 GROUP.—The Task Force shall ensure that its rec12 ommendations for essential capabilities for terrorism 

13 preparedness are, to the extent feasible, consistent 

14 with any preparedness goals or recommendations of 

15 the Federal working group established under section 

16 319F(a) of the Public Health Service Act (42 U.S.C. 

17 247d–6(a)). 

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

19 shall ensure that its recommendations regarding es20 sential capabilities for terrorism preparedness are 

21 made within the context of a comprehensive State 

22 emergency management system. 

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

24 ensure that its recommendations regarding essential 

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1 count any capabilities that State or local officials 

2 have determined to be essential and have undertaken 

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

4 respond to, or recover from terrorist attacks. 

5 ‘‘(d) MEMBERSHIP.— 

6 ‘‘(1) IN GENERAL.—The Task Force shall con7 sist of 25 members appointed by the Secretary, and 

8 shall, to the extent practicable, represent a geo9 graphic (including urban and rural) and substantive 

10 cross section of governmental and nongovernmental 

11 first responder disciplines from the State and local 

12 levels, including as appropriate— 

13 ‘‘(A) members selected from the emergency 

14 response field, including fire service and law en15 forcement, hazardous materials response, emer16 gency medical services, and emergency manage17 ment personnel (including public works per18 sonnel routinely engaged in emergency re19 sponse); 

20 ‘‘(B) health scientists, emergency and in21 patient medical providers, and public health 

22 professionals, including experts in emergency 

23 health care response to chemical, biological, ra24 diological, and nuclear terrorism, and experts in 


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•HR 5017 IH 

1 providing mental health care during emergency 

2 response operations; 

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

4 governments, and the private sector, rep5 resenting standards-setting organizations, in6 cluding representation from the voluntary con7 sensus codes and standards development com8 munity, particularly those with expertise in first 

9 responder disciplines; and 

10 ‘‘(D) State and local officials with exper11 tise in terrorism preparedness, subject to the 

12 condition that if any such official is an elected 

13 official representing one of the two major polit14 ical parties, an equal number of elected officials 

15 shall be selected from each such party. 

16 ‘‘(2) COORDINATION WITH THE DEPARTMENT

17 OF HEALTH AND HEALTH SERVICES.—In the selec18 tion of members of the Task Force who are health 

19 professionals, including emergency medical profes20 sionals, the Secretary shall coordinate such selection 

21 with the Secretary of Health and Human Services. 

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

23 and the Secretary of Health and Human Services 

24 shall each designate one or more officers of their re25 spective Departments to serve as ex officio members 


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•HR 5017 IH 

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

2 from the Department of Homeland Security shall be 

3 the designated officer of the Federal Government for 

4 purposes of subsection (e) of section 10 of the Fed5 eral Advisory Committee Act (5 App. U.S.C.). 

6 ‘‘(e) APPLICABILITY OF FEDERAL ADVISORY COM7 MITTEE ACT.—Notwithstanding section 871(a), the Fed8 eral Advisory Committee Act (5 App. U.S.C.), including 

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

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

11 apply to the Task Force. 

12 ‘‘SEC. 1806. USE OF FUNDS AND ACCOUNTABILITY RE13 QUIREMENTS. 

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

15 for— 

16 ‘‘(1) purchasing or upgrading equipment, in17 cluding computer software, to enhance terrorism 

18 preparedness; 

19 ‘‘(2) exercises to strengthen terrorism prepared20 ness; 

21 ‘‘(3) training for prevention (including detec22 tion) of, preparedness for, response to, or recovery 

23 from attacks involving weapons of mass destruction, 

24 including training in the use of equipment and com25 puter software; 


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•HR 5017 IH 

1 ‘‘(4) developing or updating State homeland se2 curity plans, risk assessments, mutual aid agree3 ments, and emergency management plans to enhance 

4 terrorism preparedness; 

5 ‘‘(5) establishing or enhancing mechanisms for 

6 sharing terrorism threat information; 

7 ‘‘(6) systems architecture and engineering, pro8 gram planning and management, strategy formula9 tion and strategic planning, life-cycle systems de10 sign, product and technology evaluation, and proto11 type development for terrorism preparedness pur12 poses; 

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

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

15 the Homeland Security Advisory System by the 

16 Secretary, or a similar elevation in threat alert 

17 level issued by a State, region, or local govern18 ment with the approval of the Secretary; 

19 ‘‘(B) travel to and participation in exer20 cises and training in the use of equipment and 

21 on prevention activities; and 

22 ‘‘(C) the temporary replacement of per23 sonnel during any period of travel to and par24 ticipation in exercises and training in the use of 

25 equipment and on prevention activities; 


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•HR 5017 IH 

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

2 required to receive, transmit, handle, and store clas3 sified information; 

4 ‘‘(9) protecting critical infrastructure against 

5 potential attack by the addition of barriers, fences, 

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

7 of such measures may not exceed the greater of— 

8 ‘‘(A) $1,000,000 per project; or 

9 ‘‘(B) such greater amount as may be ap10 proved by the Secretary, which may not exceed 

11 10 percent of the total amount of the covered 

12 grant; 

13 ‘‘(10) the costs of commercially available inter14 operable communications equipment (which, where 

15 applicable, is based on national, voluntary consensus 

16 standards) that the Secretary, in consultation with 

17 the Chairman of the Federal Communications Com18 mission, deems best suited to facilitate interoper19 ability, coordination, and integration between and 

20 among emergency communications systems, and that 

21 complies with prevailing grant guidance of the De22 partment for interoperable communications; 

23 ‘‘(11) educational curricula development for 

24 first responders to ensure that they are prepared for 

25 terrorist attacks; 


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•HR 5017 IH 

1 ‘‘(12) training and exercises to assist public ele2 mentary and secondary schools in developing and 

3 implementing programs to instruct students regard4 ing age-appropriate skills to prevent, prepare for, re5 spond to, mitigate against, or recover from an act of 

6 terrorism; 

7 ‘‘(13) paying of administrative expenses directly 

8 related to administration of the grant, except that 

9 such expenses may not exceed 3 percent of the 

10 amount of the grant; 

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

12 permitted under the Law Enforcement Terrorism 

13 Prevention Program, or any such successor to such 

14 program; and 

15 ‘‘(15) other appropriate activities as determined 

16 by the Secretary. 

17 ‘‘(b) PROHIBITED USES.—Funds provided as a cov18 ered grant may not be used— 

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

20 ‘‘(2) to construct buildings or other physical fa21 cilities; 

22 ‘‘(3) to acquire land; or 

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

24 sharing contribution. 


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

2 section shall be construed to preclude State and local gov3 ernments from using covered grant funds in a manner 

4 that also enhances first responder preparedness for emer5 gencies and disasters unrelated to acts of terrorism, if 

6 such use assists such governments in achieving essential 

7 capabilities for terrorism preparedness established by the 

8 Secretary. 

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

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

11 grant may be used to provide a reasonable stipend to paid12 on-call or volunteer first responders who are not otherwise 

13 compensated for travel to or participation in training cov14 ered by this section. Any such reimbursement shall not 

15 be considered compensation for purposes of rendering 

16 such a first responder an employee under the Fair Labor 

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

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

19 the Secretary for the reimbursement of the cost of any 

20 activity relating to prevention (including detection) of, pre21 paredness for, response to, or recovery from acts of ter22 rorism that is a Federal duty and usually performed by 

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

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

25 Federal agency. 


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

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

3 with funds provided as a covered grant be made available 

4 for responding to emergencies in surrounding States, re5 gions, and localities, unless the Secretary undertakes to 

6 pay the costs directly attributable to transporting and op7 erating such equipment during such response. 

8 ‘‘(f) FLEXIBILITY IN UNSPENT HOMELAND SECU9 RITY GRANT FUNDS.—Upon request by the recipient of 

10 a covered grant, the Secretary may authorize the grantee 

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

12 grant from uses specified in the grant agreement to other 

13 uses authorized under this section, if the Secretary deter14 mines that such transfer is in the interests of homeland 

15 security. 

16 ‘‘(g) STATE, REGIONAL, AND TRIBAL RESPONSIBIL17 ITIES.— 

18 ‘‘(1) PASS-THROUGH.—The Secretary shall re19 quire a recipient of a covered grant that is a State 

20 to obligate or otherwise make available to local gov21 ernments, first responders, and other local groups, 

22 to the extent required under the State homeland se23 curity plan or plans specified in the application for 

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

25 funds, resources purchased with the grant funds 


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

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

3 not later than the end of the 45-day period begin4 ning on the date the grant recipient receives the 

5 grant funds. 

6 ‘‘(2) COST SHARING.— 

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

8 the costs of an activity carried out with a cov9 ered grant to a State, region, or directly eligible 

10 tribe awarded after the 2-year period beginning 

11 on the date of the enactment of this section 

12 shall not exceed 75 percent. 

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

14 of the costs of an activity carried out with a 

15 covered grant awarded before the end of the 2- 

16 year period beginning on the date of the enact17 ment of this section shall be 100 percent. 

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

19 of a covered grant may meet the matching re20 quirement under subparagraph (A) by making 

21 in-kind contributions of goods or services that 

22 are directly linked with the purpose for which 

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

24 any necessary personnel overtime, contractor 


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1 services, administrative costs, equipment fuel 

2 and maintenance, and rental space. 

3 ‘‘(3) CERTIFICATIONS REGARDING DISTRIBU4 TION OF GRANT FUNDS TO LOCAL GOVERNMENTS.— 

5 Any State that receives a covered grant shall certify 

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

7 expiration of the period described in paragraph (1) 

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

9 available for expenditure by local governments, first 

10 responders, and other local groups the required 

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

12 ‘‘(4) QUARTERLY REPORT ON HOMELAND SECU13 RITY SPENDING.—The Federal share described in 

14 paragraph (2)(A) may be increased by up to 2 per15 cent for any State, region, or directly eligible tribe 

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

17 fiscal quarter, submits to the Secretary a report on 

18 that fiscal quarter. Each such report must include, 

19 for each recipient of a covered grant or a pass20 through under paragraph (1)— 

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

22 in that quarter; 

23 ‘‘(B) the amount expended by that recipi24 ent in that quarter; and 


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

2 purchased by such recipient with such amount. 

3 ‘‘(5) ANNUAL REPORT ON HOMELAND SECU4 RITY SPENDING.—Each recipient of a covered grant 

5 shall submit an annual report to the Secretary not 

6 later than 60 days after the end of each Federal fis7 cal year. Each recipient of a covered grant that is 

8 a region must simultaneously submit its report to 

9 each State of which any part is included in the re10 gion. Each recipient of a covered grant that is a di11 rectly eligible tribe must simultaneously submit its 

12 report to each State within the boundaries of which 

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

14 include the following: 

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

16 dates of receipt of all funds received under the 

17 grant during the previous fiscal year. 

18 ‘‘(B) The amount and the dates of dis19 bursements of all such funds expended in com20 pliance with paragraph (1) or pursuant to mu21 tual aid agreements or other sharing arrange22 ments that apply within the State, region, or di23 rectly eligible tribe, as applicable, during the 

24 previous fiscal year. 


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

2 ultimate recipient or beneficiary during the pre3 ceding fiscal year. 

4 ‘‘(D) The extent to which essential capa5 bilities identified in the applicable State home6 land security plan or plans were achieved, main7 tained, or enhanced as the result of the expend8 iture of grant funds during the preceding fiscal 

9 year. 

10 ‘‘(E) The extent to which essential capa11 bilities identified in the applicable State home12 land security plan or plans remain unmet. 

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

14 recipient of a covered grant may submit to the Sec15 retary an annex to the annual report under para16 graph (5) that is subject to appropriate handling re17 strictions, if the recipient believes that discussion in 

18 the report of unmet needs would reveal sensitive but 

19 unclassified information. 

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

21 shall ensure that each annual report under para22 graph (5) is provided to the Under Secretary for 

23 Emergency Preparedness and Response and the Di24 rector of the Office for Domestic Preparedness. 


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1 ‘‘(h) INCENTIVES TO EFFICIENT ADMINISTRATION

2 OF HOMELAND SECURITY GRANTS.— 

3 ‘‘(1) PENALTIES FOR DELAY IN PASSING

4 THROUGH LOCAL SHARE.—If a recipient of a cov5 ered grant that is a State fails to pass through to 

6 local governments, first responders, and other local 

7 groups funds or resources required by subsection 

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

9 the grant, the Secretary may— 

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

11 recipient from the portion of grant funds that 

12 is not required to be passed through under sub13 section (g)(1); 

14 ‘‘(B) terminate payment of funds under 

15 the grant to the recipient, and transfer the ap16 propriate portion of those funds directly to local 

17 first responders that were intended to receive 

18 funding under that grant; or 

19 ‘‘(C) impose additional restrictions or bur20 dens on the recipient’s use of funds under the 

21 grant, which may include— 

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

23 pay the grant recipient’s grant-related 

24 overtime or other expenses; 


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1 ‘‘(ii) requiring the grant recipient to 

2 distribute to local government beneficiaries 

3 all or a portion of grant funds that are not 

4 required to be passed through under sub5 section (g)(1); or 

6 ‘‘(iii) for each day that the grant re7 cipient fails to pass through funds or re8 sources in accordance with subsection 

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

10 grant recipient from the portion of grant 

11 funds that is not required to be passed 

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

13 that the total amount of such reduction 

14 may not exceed 20 percent of the total 

15 amount of the grant. 

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

17 a State may request in writing that the Secretary 

18 extend the 45-day period under section 

19 1803(e)(5)(E) or paragraph (1) for an additional 

20 15-day period. The Secretary may approve such a 

21 request, and may extend such period for additional 

22 15-day periods, if the Secretary determines that the 

23 resulting delay in providing grant funding to the 

24 local government entities that will receive funding 

25 under the grant will not have a significant detriVerDate Aug 31 2005 22:24 Mar 29, 2006 Jkt 049200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 E:\BILLS\H5017.IH H5017

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1 mental impact on such entities’ terrorism prepared2 ness efforts. 

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

4 LOCAL GOVERNMENT.— 

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

6 upon request by a local government pay to the 

7 local government a portion of the amount of a 

8 covered grant awarded to a State in which the 

9 local government is located, if— 

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

11 amount paid to expedite planned enhance12 ments to its terrorism preparedness as de13 scribed in any applicable State homeland 

14 security plan or plans; 

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

16 through funds or resources in accordance 

17 with subsection (g)(1); and 

18 ‘‘(iii) the local government complies 

19 with subparagraphs (B) and (C). 

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

21 payment under this paragraph, a local govern22 ment must demonstrate that— 

23 ‘‘(i) it is identified explicitly as an ul24 timate recipient or intended beneficiary in 

25 the approved grant application; 


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

2 receive a severable portion of the overall 

3 grant for a specific purpose that is identi4 fied in the grant application; 

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

6 funds or resources after expiration of the 

7 period within which the funds or resources 

8 were required to be passed through under 

9 subsection (g)(1); and 

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

11 the overall grant that was earmarked or 

12 designated for its use or benefit. 

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

14 grant funds to a local government under this 

15 paragraph— 

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

17 another local government under this para18 graph; and 

19 ‘‘(ii) shall not prejudice consideration 

20 of a request for payment under this para21 graph that is submitted by another local 

22 government. 

23 ‘‘(D) DEADLINE FOR ACTION BY SEC24 RETARY.—The Secretary shall approve or dis25 approve each request for payment under this 


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1 paragraph by not later than 15 days after the 

2 date the request is received by the Department. 

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

4 submit an annual report to the Congress by January 31 

5 of each year covering the preceding fiscal year— 

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

7 funds provided as covered grants that were directed 

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

9 the preceding fiscal year; 

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

11 grant funds by grantees; and 

12 ‘‘(3) describing— 

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

14 maintaining, and enhancing the essential capa15 bilities established by the Secretary as a result 

16 of the expenditure of covered grant funds dur17 ing the preceding fiscal year; and 

18 ‘‘(B) an estimate of the amount of expend19 itures required to attain across the United 

20 States the essential capabilities established by 

21 the Secretary. 

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

23 EQUIPMENT AND TRAINING. 

24 ‘‘(a) EQUIPMENT STANDARDS.— 


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1 ‘‘(1) IN GENERAL.—The Secretary, in consulta2 tion with the Under Secretaries for Emergency Pre3 paredness and Response and Science and Tech4 nology and the Director of the Office for Domestic 

5 Preparedness, shall, not later than 6 months after 

6 the date of enactment of this section, support the 

7 development of, promulgate, and update as nec8 essary national voluntary consensus standards for 

9 the performance, use, and validation of first re10 sponder equipment for purposes of section 

11 1805(e)(7). Such standards— 

12 ‘‘(A) shall be, to the maximum extent prac13 ticable, consistent with any existing voluntary 

14 consensus standards; 

15 ‘‘(B) shall take into account, as appro16 priate, new types of terrorism threats that may 

17 not have been contemplated when such existing 

18 standards were developed; 

19 ‘‘(C) shall be focused on maximizing inter20 operability, interchangeability, durability, flexi21 bility, efficiency, efficacy, portability, sustain22 ability, and safety; and 

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

24 equipment. 


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

2 paragraph (1), the Secretary shall specifically con3 sider the following categories of first responder 

4 equipment: 

5 ‘‘(A) Thermal imaging equipment. 

6 ‘‘(B) Radiation detection and analysis 

7 equipment. 

8 ‘‘(C) Biological detection and analysis 

9 equipment. 

10 ‘‘(D) Chemical detection and analysis 

11 equipment. 

12 ‘‘(E) Decontamination and sterilization 

13 equipment. 

14 ‘‘(F) Personal protective equipment, in15 cluding garments, boots, gloves, and hoods and 

16 other protective clothing. 

17 ‘‘(G) Respiratory protection equipment. 

18 ‘‘(H) Interoperable communications, in19 cluding wireless and wireline voice, video, and 

20 data networks. 

21 ‘‘(I) Explosive mitigation devices and ex22 plosive detection and analysis equipment. 

23 ‘‘(J) Containment vessels. 

24 ‘‘(K) Contaminant-resistant vehicles. 


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

2 Secretary determines that national voluntary 

3 consensus standards would be appropriate. 

4 ‘‘(b) TRAINING STANDARDS.— 

5 ‘‘(1) IN GENERAL.—The Secretary, in consulta6 tion with the Under Secretaries for Emergency Pre7 paredness and Response and Science and Tech8 nology and the Director of the Office for Domestic 

9 Preparedness, shall support the development of, pro10 mulgate, and regularly update as necessary national 

11 voluntary consensus standards for first responder 

12 training carried out with amounts provided under 

13 covered grant programs, that will enable State and 

14 local government first responders to achieve optimal 

15 levels of terrorism preparedness as quickly as prac16 ticable. Such standards shall give priority to pro17 viding training to— 

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

19 prepare for, respond to, mitigate against, and 

20 recover from terrorist threats, including threats 

21 from chemical, biological, nuclear, and radio22 logical weapons and explosive devices capable of 

23 inflicting significant human casualties; and 

24 ‘‘(B) familiarize first responders with the 

25 proper use of equipment, including software, 


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1 developed pursuant to the standards established 

2 under subsection (a). 

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

4 paragraph (1), the Secretary specifically shall in5 clude the following categories of first responder ac6 tivities: 

7 ‘‘(A) Regional planning. 

8 ‘‘(B) Joint exercises. 

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

10 sharing. 

11 ‘‘(D) Emergency notification of affected 

12 populations. 

13 ‘‘(E) Detection of biological, nuclear, radi14 ological, and chemical weapons of mass destruc15 tion. 

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

17 Secretary determines that national voluntary 

18 consensus training standards would be appro19 priate. 

20 ‘‘(3) CONSISTENCY.—In carrying out this sub21 section, the Secretary shall ensure that such training 

22 standards are consistent with the principles of emer23 gency preparedness for all hazards. 

24 ‘‘(c) CONSULTATION WITH STANDARDS ORGANIZA25 TIONS.—In establishing national voluntary consensus 


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1 standards for first responder equipment and training 

2 under this section, the Secretary shall consult with rel3 evant public and private sector groups, including— 

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

5 Technology; 

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

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

8 City Health Officials; 

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

10 Health Officials; 

11 ‘‘(5) the American National Standards Insti12 tute; 

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

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

15 Standardization and Interoperability; 

16 ‘‘(8) the National Public Health Performance 

17 Standards Program; 

18 ‘‘(9) the National Institute for Occupational 

19 Safety and Health; 

20 ‘‘(10) ASTM International; 

21 ‘‘(11) the International Safety Equipment Asso22 ciation; 

23 ‘‘(12) the Emergency Management Accredita24 tion Program; and 


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1 ‘‘(13) to the extent the Secretary considers ap2 propriate, other national voluntary consensus stand3 ards development organizations, other interested 

4 Federal, State, and local agencies, and other inter5 ested persons. 

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

7 In establishing any national voluntary consensus stand8 ards under this section for first responder equipment or 

9 training that involve or relate to health professionals, in10 cluding emergency medical professionals, the Secretary 

11 shall coordinate activities under this section with the Sec12 retary of Health and Human Services.’’. 

13 (b) DEFINITION OF EMERGENCY RESPONSE PRO14 VIDERS.—Paragraph (6) of section 2 of the Homeland Se15 curity Act of 2002 (Public Law 107–296; 6 U.S.C. 

16 101(6)) is amended by striking ‘‘includes’’ and all that 

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

18 governmental and nongovernmental emergency public 

19 safety, law enforcement, fire, emergency response, emer20 gency medical (including hospital emergency facilities), 

21 and related personnel, organizations, agencies, and au22 thorities.’’. 

23 SEC. 114. SUPERSEDED PROVISION. 

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

25 Law 107–56. 


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1 SEC. 115. OVERSIGHT. 

2 The Secretary of Homeland Security shall establish 

3 within the Office for Domestic Preparedness an Office of 

4 the Comptroller to oversee the grants distribution process 

5 and the financial management of the Office for Domestic 

6 Preparedness. 

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

8 HOMELAND SECURITY FIRST RESPONDER 

9 TRAINING. 

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

11 United States shall report to the Congress in accordance 

12 with this section— 

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

14 responder training programs of the Department of 

15 Homeland Security and other departments and 

16 agencies of the Federal Government; and 

17 (2) the extent to which such programs are co18 ordinated. 

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

20 section shall include— 

21 (1) an assessment of the effectiveness of the 

22 structure and organization of such training pro23 grams; 

24 (2) recommendations to— 


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1 (A) improve the coordination, structure, 

2 and organization of such training programs; 

3 and 

4 (B) increase the availability of training to 

5 first responders who are not able to attend cen6 tralized training programs; 

7 (3) the structure and organizational effective8 ness of such programs for first responders in rural 

9 communities; 

10 (4) identification of any duplication or redun11 dancy among such programs; 

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

13 training institutions, universities, centers, and the 

14 National Domestic Preparedness Consortium in de15 signing and providing training; 

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

17 required for first responders to participate in train18 ing courses at Federal institutions; 

19 (7) an assessment of the approval process for 

20 certifying non-Department of Homeland Security 

21 training courses that are useful for anti-terrorism 

22 purposes as eligible for grants awarded by the De23 partment; 


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

2 Homeland Security grant funds by States and local 

3 governments to acquire training; 

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

5 State, and local personnel to receive the training 

6 that is necessary to adopt the National Response 

7 Plan and the National Incident Management Sys8 tem; and 

9 (10) the role of each first responder training in10 stitution within the Department of Homeland Secu11 rity in the design and implementation of terrorism 

12 preparedness and related training courses for first 

13 responders. 

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

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

16 not later than 60 days after the date of the enact17 ment of this Act; and 

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

19 topics required by this section by not later than 120 

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

21 SEC. 117. REMOVAL OF CIVIL LIABILITY BARRIERS THAT 

22 DISCOURAGE THE DONATION OF FIRE EQUIP23 MENT TO VOLUNTEER FIRE COMPANIES. 

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

25 fire control or fire rescue equipment to a volunteer fire 


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1 company shall not be liable for civil damages under any 

2 State or Federal law for personal injuries, property dam3 age or loss, or death caused by the equipment after the 

4 donation. 

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

6 a person if— 

7 (1) the person’s act or omission causing the in8 jury, damage, loss, or death constitutes gross neg9 ligence or intentional misconduct; or 

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

11 control or fire rescue equipment. 

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

13 any State to the extent that such laws are inconsistent 

14 with this section, except that notwithstanding subsection 

15 (b) this section shall not preempt any State law that pro16 vides additional protection from liability for a person who 

17 donates fire control or fire rescue equipment to a volunteer 

18 fire company. 

19 (d) DEFINITIONS.—In this section: 

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

21 governmental or other entity. 

22 (2) FIRE CONTROL OR RESCUE EQUIPMENT.— 

23 The term ‘‘fire control or fire rescue equipment’’ in24 cludes any fire vehicle, fire fighting tool, communicaVerDate Aug 31 2005 22:24 Mar 29, 2006 Jkt 049200 PO 00000 Frm 00068 Fmt 6652 Sfmt 6201 E:\BILLS\H5017.IH H5017

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1 tions equipment, protective gear, fire hose, or 

2 breathing apparatus. 

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

4 several States, the District of Columbia, the Com5 monwealth of Puerto Rico, the Commonwealth of the 

6 Northern Mariana Islands, American Samoa, Guam, 

7 the Virgin Islands, any other territory or possession 

8 of the United States, and any political subdivision of 

9 any such State, territory, or possession. 

10 (4) VOLUNTEER FIRE COMPANY.—The term 

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

12 individuals who provide fire protection and other 

13 emergency services, where at least 30 percent of the 

14 individuals receive little or no compensation com15 pared with an entry level full-time paid individual in 

16 that association or in the nearest such association 

17 with an entry level full-time paid individual. 

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

19 liability for injury, damage, loss, or death caused by equip20 ment that, for purposes of subsection (a), is donated on 

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

22 enactment of this Act. 


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1 Subtitle B—Transportation 

2 Security 

3 SEC. 121. REPORT ON NATIONAL STRATEGY FOR TRANS4 PORTATION SECURITY. 

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 Secretary of Transportation shall 

8 submit to the relevant congressional committees a report 

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

10 policy goals of the Intelligence Reform and Terrorism Pre11 vention Act of 2004 (Public Law 108–458) with respect 

12 to completion of a national strategy for transportation se13 curity. Such report shall include— 

14 (1) a certification by the Secretary of Transpor15 tation that such recommendations have been imple16 mented and such policy goals have been achieved; or 

17 (2) if the Secretary of Transportation is unable 

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

19 a description of— 

20 (A) the steps taken to implement such rec21 ommendations and achieve such policy goals; 

22 (B) when the Secretary expects such rec23 ommendations to be implemented and such pol24 icy goals to be achieved; and 


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1 (C) any allocation of resources or other ac2 tions by Congress the Secretary 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 Transportation submits a certifi8 cation pursuant to subsection (a)(1). 

9 (c) GAO REVIEW OF CERTIFICATION.—If the Sec10 retary of Transportation submits a certification pursuant 

11 to subsection (a)(1), not later than 30 days after the sub12 mission of such certification, the Comptroller General 

13 shall submit to the relevant congressional committees a 

14 report on whether the recommendations described in such 

15 subsection (e) have been implemented and whether the 

16 policy goals described in subsection (a) have been 

17 achieved. 

18 SEC. 122. REPORT ON AIRLINE PASSENGER PRE-SCREEN19 ING. 

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 improving airline passenger pre-screening. Such report 

3 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 sub4 section (a) have been implemented and whether the policy 

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

6 SEC. 123. REPORT ON DETECTION OF EXPLOSIVES AT AIR7 LINE SCREENING CHECKPOINTS. 

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 Transportation shall 

11 submit to the relevant congressional committees a report 

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

13 policy goals of the Intelligence Reform and Terrorism Pre14 vention Act of 2004 (Public Law 108–458) with respect 

15 to the improvement of airline screening checkpoints to de16 tect explosives. Such report shall include— 

17 (1) a certification by the Secretary of Transpor18 tation that such recommendations have been imple19 mented and such policy goals have been achieved; or 

20 (2) if the Secretary of Transportation is unable 

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

22 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 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. 124. REPORT ON COMPREHENSIVE SCREENING PRO21 GRAM. 

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 implementation of a comprehensive screening program. 

5 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. 125. RELEVANT CONGRESSIONAL COMMITTEES DE10 FINED. 

11 In this subtitle, the term ‘‘relevant congressional 

12 committees’’ means— 

13 (1) the Committee on Homeland Security of the 

14 House of Representatives; 

15 (2) the Committee on Government Reform of 

16 the House of Representatives; 

17 (3) the Committee on Transportation and In18 frastructure of the House of Representatives; 

19 (4) the Committee on Homeland Security and 

20 Government Affairs of the Senate; and 

21 (5) the Committee on Environment and Public 

22 Works of the Senate. 


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1 Subtitle C—Border Security 

2 SEC. 131. COUNTERTERRORIST TRAVEL INTELLIGENCE. 

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

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

5 30 days thereafter, the Director of the National 

6 Counterterrorism Center shall submit to the relevant con7 gressional committees a report on the recommendations 

8 of the 9/11 Commission and the policy goals of the Intel9 ligence Reform and Terrorism Prevention Act of 2004 

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

11 and analysis of intelligence on terrorist travel. Each such 

12 report shall include— 

13 (1) a certification that such recommendations 

14 have been implemented and such policy goals have 

15 been achieved; or 

16 (2) if the Director of the National 

17 Counterterrorism Center is unable to make the cer18 tification described in paragraph (1), a description 

19 of— 

20 (A) the steps taken to implement such rec21 ommendations and achieve such policy goals; 

22 (B) when such recommendations are ex23 pected to to be implemented and such policy 

24 goals to be achieved; and 


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1 (C) any allocation of resources or other ac2 tions by Congress considered necessary to im3 plement such recommendations and achieve 

4 such policy goals. 

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

6 of the Director of the National Counterterrorism Center 

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

8 when the Secretary submits a certification pursuant to 

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

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

11 terminate when the Director submits a certification pursu12 ant to subsection (a)(1). 

13 (c) GAO REVIEW OF CERTIFICATION.—If the Direc14 tor of the National Counterterrorism submits a certifi15 cation pursuant to subsection (a)(1), not later than 30 

16 days after the submission of such certification, the Comp17 troller General shall submit to the relevant congressional 

18 committees a report on whether the recommendations de19 scribed in subsection (a) have been implemented and 

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

21 been achieved. 

22 (d) RELEVANT CONGRESSIONAL COMMITTEES.—For 

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

24 committees’’ means the the following: 


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1 (1) The Committee on Homeland Security of 

2 the 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 Governmental Affairs of the Senate. 

9 (5) The Committee on Environment and Public 

10 Works of the Senate. 

11 (6) The Select Committee on Intelligence of the 

12 Senate. 

13 (7) The Permanent Select Committee on Intel14 ligence of the House of Representatives. 

15 SEC. 132. COMPREHENSIVE SCREENING SYSTEM. 

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

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

18 30 days thereafter, the Secretary of Homeland Security 

19 and the Secretary of Transportation shall each submit to 

20 the relevant congressional committees a report on the rec21 ommendations of the 9/11 Commission and the policy 

22 goals of the Intelligence Reform and Terrorism Prevention 

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

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1 scribed in Presidential Homeland Security Directive 11 

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

3 (1) a certification that such recommendations 

4 have been implemented and such policy goals have 

5 been achieved; or 

6 (2) if either the Secretary of Homeland Secu7 rity or the Secretary of Transportation is unable to 

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

9 description of— 

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

12 (B) when such recommendations are ex13 pected to be implemented and such policy goals 

14 to be achieved; and 

15 (C) any allocation of resources or other ac16 tions by Congress considered necessary to im17 plement such recommendations and achieve 

18 such policy goals. 

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

20 of the Secretary of Homeland Security to submit a report 

21 under subsection (a) shall terminate when the Secretary 

22 of Homeland Security submits a certification pursuant to 

23 subsection (a)(1). The duty of the Secretary of Transpor24 tation to submit a report under subsection (a) shall termiVerDate Aug 31 2005 22:24 Mar 29, 2006 Jkt 049200 PO 00000 Frm 00080 Fmt 6652 Sfmt 6201 E:\BILLS\H5017.IH H5017

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1 nate when the Secretary of Transportation submits a cer2 tification pursuant to subsection (a)(1). 

3 (c) GAO REVIEW OF CERTIFICATION.—If the Sec4 retary of Homeland Security and the Secretary of Trans5 portation both submit certifications pursuant to sub6 section (a)(1), not later than 30 days after the submission 

7 of such certifications, the Comptroller General shall sub8 mit to the relevant congressional committees a report on 

9 whether the recommendations described in subsection (a) 

10 have been implemented and whether the policy goals de11 scribed in subsection (a) have been achieved. 

12 (d) RELEVANT CONGRESSIONAL COMMITTEES.—For 

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

14 committees’’ means the the following: 

15 (1) The Committee on Homeland Security of 

16 the House of Representatives. 

17 (2) The Committee on Government Reform of 

18 the House of Representatives. 

19 (3) The Committee on Transportation and In20 frastructure of the House of Representatives. 

21 (4) The Committee on Homeland Security and 

22 Governmental Affairs of the Senate. 

23 (5) The Committee on Environment and Public 

24 Works of the Senate. 


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

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

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

4 30 days thereafter, the Secretary of Homeland Security 

5 shall submit to the relevant congressional committees a 

6 report on the recommendations of the 9/11 Commission 

7 and the policy goals of the Intelligence Reform and Ter8 rorism Prevention Act of 2004 (Public Law 108–458) 

9 with respect to the completion of a biometric entry and 

10 exit data system. Each such report shall include— 

11 (1) a certification that such recommendations 

12 have been implemented and such policy goals have 

13 been achieved; or 

14 (2) if the Secretary of Homeland Security is 

15 unable to make the certification described in para16 graph (1), a 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 the Secretary considers nec24 essary to implement such recommendations and 

25 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 Homeland Security submits a cer4 tification pursuant to subsection (a)(1). 

5 (c) GAO REVIEW OF CERTIFICATION.—If the Sec6 retary of Homeland Security submits a certification pursu7 ant to subsection (a)(1), not later than 30 days after the 

8 submission of such certification, the Comptroller General 

9 shall submit to the relevant congressional committees a 

10 report on whether the recommendations described in sub11 section (a) have been implemented and whether the policy 

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

13 (d) 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 Judiciary of the 

21 House of Representatives. 

22 (4) The Committee on Homeland Security and 

23 Governmental Affairs of the Senate. 

24 (5) The Committee on the Judiciary of the Sen25 ate. 


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1 SEC. 134. INTERNATIONAL COLLABORATION ON BORDER 

2 AND DOCUMENT SECURITY. 

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

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

5 30 days thereafter, the Secretary of Homeland Security 

6 and the Secretary of State shall each submit to the rel7 evant congressional committees a report on the rec8 ommendations of the 9/11 Commission and the policy 

9 goals of the Intelligence Reform and Terrorism Prevention 

10 Act of 2004 (Public Law 108–458) with respect to inter11 national collaboration on border and document security. 

12 Each such report shall include— 

13 (1) a certification that such recommendations 

14 have been implemented and such policy goals have 

15 been achieved; or 

16 (2) if either the Secretary of Homeland Secu17 rity or the Secretary of State is unable to make the 

18 certification described in paragraph (1), a descrip19 tion of— 

20 (A) the steps taken to implement such rec21 ommendations and achieve such policy goals; 

22 (B) when such recommendations are ex23 pected to be implemented and such policy goals 

24 to be achieved; and 

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1 plement such recommendations and achieve 

2 such policy goals. 

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

4 of the Secretary of Homeland Security to submit a report 

5 under subsection (a) shall terminate when the Secretary 

6 of Homeland Security submits a certification pursuant to 

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

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

9 the Secretary of State submits a certification pursuant to 

10 subsection (a)(1). 

11 (c) GAO REVIEW OF CERTIFICATION.—If the Sec12 retary of Homeland Security and the Secretary of State 

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

14 not later than 30 days after the submission of such certifi15 cations, the Comptroller General shall submit to the rel16 evant congressional committees a report on whether the 

17 recommendations described in subsection (a) have been 

18 implemented and whether the policy goals described in 

19 subsection (a) have been achieved. 

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

21 submit to the relevant congressional committees a report 

22 assessing the sharing of the consolidated and integrated 

23 terrorist watch list maintained by the Federal Government 

24 with countries designated to participate in the visa waiver 


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1 program established under section 217 of the Immigration 

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

3 (e) FINGERPRINTING IN DOMESTIC AND FOREIGN

4 PASSPORTS.— 

5 (1) USE IN UNITED STATES PASSPORTS.— 

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

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

8 1185(b)) is amended by inserting after ‘‘pass9 port’’ the following: ‘‘that contains the finger10 prints of the citizen involved’’. 

11 (B) EFFECTIVE DATE.—The amendment 

12 made by subparagraph (A) shall apply to pass13 ports issued on or after the date that is 90 days 

14 after the date of the enactment of this Act. 

15 (2) USE IN FOREIGN PASSPORTS.— 

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

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

18 adding at the end the following new subpara19 graph: 

20 ‘‘(C) REQUIREMENT FOR FINGERPRINTS

21 ON PASSPORTS.—No passport of an alien shall 

22 be considered valid for purposes of subpara23 graph (A) or (B) unless the passport contains 

24 the fingerprints of the alien.’’. 


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1 (B) EFFECTIVE DATE.—The amendment 

2 made by subparagraph (A) shall apply to aliens 

3 applying for admission to the United States on 

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

5 of the enactment of this Act. 

6 (f) 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 the International Rela14 tions of the House of Representatives. 

15 (4) The Committee on the Judiciary of the 

16 House of Representatives. 

17 (5) The Committee on Homeland Security and 

18 Governmental Affairs of the Senate. 

19 (6) The Committee on the Judiciary of the Sen20 ate. 

21 (7) The Committee on Foreign Relations of the 

22 Senate. 

23 SEC. 135. STANDARDIZATION OF SECURE IDENTIFICATION. 

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 Health and Human Services shall 

3 each submit to the relevant congressional committees a re4 port on the recommendations of the 9/11 Commission and 

5 the policy goals of the Intelligence Reform and Terrorism 

6 Prevention Act of 2004 (Public Law 108–458) with re7 spect to the establishment of standardization of secure 

8 identification. Each such report shall include— 

9 (1) a certification that such recommendations 

10 have been implemented and such policy goals have 

11 been achieved; or 

12 (2) if either the Secretary of Homeland Secu13 rity or the Secretary of Health and Human Services 

14 is unable to make the certification described in para15 graph (1), a description of— 

16 (A) the steps taken to implement such rec17 ommendations and achieve such policy goals; 

18 (B) when such recommendations are ex19 pected to be implemented and such policy goals 

20 to be achieved; and 

21 (C) any allocation of resources or other ac22 tions by Congress the Secretary considers nec23 essary to implement such recommendations and 

24 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 (1) for the Secretary of Homeland Security, 

4 when the Secretary of Homeland Security submits a 

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

6 (2) for the Secretary of Health and Human 

7 Services, when the Secretary of Health and Human 

8 Services submits a certification pursuant to sub9 section (a)(1). 

10 (c) GAO REVIEW OF CERTIFICATION.—If the Sec11 retary of Homeland Security and the Secretary of Health 

12 and Human Services submit certifications pursuant to 

13 subsection (a)(1), not later than 30 days after the submis14 sion of such certifications, the Comptroller General shall 

15 submit to the relevant congressional committees a report 

16 on whether the recommendations described in subsection 

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

18 described in subsection (a) have been achieved. 

19 (d) RELEVANT CONGRESSIONAL COMMITTEES.—For 

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

21 committees’’ means the the following: 

22 (1) The Committee on Homeland Security of 

23 the House of Representatives. 

24 (2) The Committee on Government Reform of 

25 the House of Representatives. 


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1 (3) The Committee on the Judiciary of the 

2 House of Representatives. 

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

4 House of Representatives. 

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

6 (6) The Committee on Homeland Security and 

7 Governmental Affairs of the Senate. 

8 SEC. 136. SECURITY ENHANCEMENTS FOR SOCIAL SECU9 RITY CARDS. 

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

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

12 30 days thereafter, the Commissioner of Social Security 

13 shall submit to the relevant congressional committees a 

14 report on the recommendations of the 9/11 Commission 

15 and the policy goals of the Intelligence Reform and Ter16 rorism Prevention Act of 2004 (Public Law 108–458) 

17 with respect to security enhancements for social security 

18 cards and the implementation of section 

19 205(c)(2)(C)(iv)(II) of the Social Security Act (42 U.S.C. 

20 405(c)(2)(C)(iv)(II)) (as added by section 7214 of the In21 telligence Reform and Terrorism Prevention Act of 2004 

22 (Public Law 108–458)). Each such 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 Commissioner of Social 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 such recommendations are ex7 pected to be implemented and such policy goals 

8 to be achieved; and 

9 (C) any allocation of resources or other ac10 tions by Congress the Commissioner considers 

11 necessary to implement such recommendations 

12 and achieve such policy goals. 

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

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

15 when the Commissioner of Social Security submits a cer16 tification pursuant to subsection (a)(1). 

17 (c) GAO REVIEW OF CERTIFICATION.—If the Com18 missioner of Social Security submits a certification pursu19 ant to subsection (a)(1), not later than 30 days after the 

20 submission of such certification, the Comptroller General 

21 shall submit to the relevant congressional committees a 

22 report on whether the recommendations described in sub23 section (a) have been implemented and whether the policy 

24 goals 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 TITLE II—REFORMING THE 

16 INSTITUTIONS OF GOVERNMENT 

17 Subtitle A—Intelligence 

18 Community 

19 SEC. 201. REPORT ON DIRECTOR OF NATIONAL INTEL20 LIGENCE. 

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 Director of National Intelligence 

24 shall submit to the relevant congressional committees a 

25 report on the recommendations of the 9/11 Commission 


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1 and the policy goals of the Intelligence Reform and Ter2 rorism Prevention Act of 2004 (Public Law 108–458) 

3 with respect to the Director of National Intelligence. Such 

4 report shall include— 

5 (1) a certification by the Director of National 

6 Intelligence that such recommendations have been 

7 implemented and such policy goals have been 

8 achieved; or 

9 (2) if the Director of National Intelligence is 

10 unable to make the certification described in para11 graph (1), a description of— 

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

14 (B) when the Director of National Intel15 ligence expects such recommendations to be im16 plemented and such policy goals to be achieved; 

17 and 

18 (C) any allocation of resources or other ac19 tions by Congress the Director considers nec20 essary to implement such recommendations and 

21 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 Director of National Intelligence submits a cer25 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 (d) GAO REPORT ON DNI EXERCISE OF AUTHOR10 ITY.— 

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

12 after the date of the enactment of this Act, and an13 nually thereafter, the Comptroller General shall sub14 mit to the relevant congressional committees a re15 port on whether— 

16 (A) the Director of National Intelligence 

17 has been able to properly exercise the authority 

18 of the Office of the Director of National Intel19 ligence, including budget and personnel author20 ity; and 

21 (B) information sharing among the intel22 ligence community is a high priority. 

23 (2) TERMINATION.—The duty to submit a re24 port under paragraph (1) shall terminate when the 

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1 gressional committees that the recommendations of 

2 the 9/11 Commission and the policy goals of the In3 telligence Reform and Terrorism Prevention Act of 

4 2004 (Public Law 108–458) with respect to the Di5 rector of National Intelligence have been achieved. 

6 SEC. 202. REPORT ON NATIONAL COUNTERTERRORISM 

7 CENTER. 

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 Director of National Intelligence 

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 establishment of a National 

16 Counterterrorism Center. Such report shall include— 

17 (1) a certification by the Director of National 

18 Intelligence that such recommendations have been 

19 implemented and such policy goals have been 

20 achieved; or 

21 (2) if the Director of National Intelligence is 

22 unable to make the certification described in para23 graph (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 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 SEC. 203. REPORT ON CREATION OF A FEDERAL BUREAU 

22 OF INVESTIGATION NATIONAL SECURITY 

23 WORKFORCE. 

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 Director of the Federal Bureau 

2 of Investigation shall submit to the relevant congressional 

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

4 Commission and the policy goals of the Intelligence Re5 form and Terrorism Prevention Act of 2004 (Public Law 

6 108–458) with respect to the creation of a Federal Bureau 

7 of Investigation national security workforce. Such report 

8 shall include— 

9 (1) a certification by the Director of the Fed10 eral Bureau of Investigation that such recommenda11 tions have been implemented and such policy goals 

12 have been achieved; or 

13 (2) if the Director of the Federal Bureau of In14 vestigation is unable to make the certification de15 scribed in paragraph (1), a description of— 

16 (A) the steps taken to implement such rec17 ommendations and achieve such policy goals; 

18 (B) when the Director of the Federal Bu19 reau of Investigation expects such recommenda20 tions to be implemented and such policy goals 

21 to be achieved; and 

22 (C) any allocation of resources or other ac23 tions by Congress the Director of the Federal 

24 Bureau of Investigation considers necessary to 


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1 implement such recommendations and achieve 

2 such policy goals. 

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

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

5 when the Director of the Federal Bureau of Investigation 

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

7 (c) GAO REVIEW OF CERTIFICATION.—If the Direc8 tor of the Federal Bureau of Investigation submits a cer9 tification pursuant to subsection (a)(1), not later than 30 

10 days after the submission of such certification, the Comp11 troller General shall submit to the relevant congressional 

12 committees a report on whether the recommendations de13 scribed in subsection (a) have been implemented and 

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

15 been achieved. 

16 (d) GAO REPORT ON CREATION OF FBI NATIONAL

17 SECURITY WORKFORCE.— 

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

19 after the date of the enactment of this Act, and an20 nually thereafter, the Comptroller General shall sub21 mit to the relevant congressional committees a re22 port on whether— 

23 (A) there is a sense of urgency within the 

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1 mestic counterterrorism mission of the Federal 

2 Bureau of Investigation; 

3 (B) the Federal Bureau of Investigation is 

4 on track to create such a workforce; and 

5 (C) the culture of the Federal Bureau of 

6 Investigation allows the Federal Bureau of In7 vestigation to meet its new challenges and suc8 ceed in its counterterrorism role. 

9 (2) TERMINATION.—The duty to submit a re10 port under paragraph (1) shall terminate when the 

11 Comptroller General certifies to the relevant con12 gressional committees that the recommendations of 

13 the 9/11 Commission and the policy goals of the In14 telligence Reform and Terrorism Prevention Act of 

15 2004 (Public Law 108–458) with respect to the cre16 ation of a Federal Bureau of Investigation national 

17 security workforce have been achieved. 

18 SEC. 204. REPORT ON NEW MISSIONS FOR THE DIRECTOR 

19 OF THE CENTRAL INTELLIGENCE AGENCY. 

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 22:24 Mar 29, 2006 Jkt 049200 PO 00000 Frm 00099 Fmt 6652 Sfmt 6201 E:\BILLS\H5017.IH H5017

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

2 with respect to the new mission of the Director of the Cen3 tral Intelligence Agency. 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 (d) GAO REPORT ON DIRECTOR OF THE CENTRAL

10 INTELLIGENCE AGENCY.— 

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

12 after the date of the enactment of this Act, and an13 nually thereafter, the Comptroller General shall sub14 mit to the relevant congressional committees a re15 port on whether the Director of the Central Intel16 ligence Agency has strong, determined leadership 

17 committed to accelerating the pace of the reforms 

18 underway. 

19 (2) TERMINATION.—The duty to submit a re20 port under paragraph (1) shall terminate when the 

21 Comptroller General certifies to the relevant con22 gressional committees that the recommendations of 

23 the 9/11 Commission and the policy goals of the In24 telligence Reform and Terrorism Prevention Act of 

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1 rector of the Central Intelligence Agency have been 

2 achieved. 

3 (e) SENSE OF CONGRESS.—It is the sense of Con4 gress that Congress and the leadership of the Central In5 telligence Agency should— 

6 (1) regularly evaluate the effectiveness of the 

7 national clandestine service structure to determine if 

8 it improves coordination of human intelligence collec9 tion operations and produces better intelligence re10 sults; and 

11 (2) address morale and personnel issues at the 

12 Central Intelligence Agency to ensure the Central 

13 Intelligence Agency remains an effective arm of na14 tional power. 

15 SEC. 205. REPORT ON INCENTIVES FOR INFORMATION 

16 SHARING. 

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 Director of the Office of Manage20 ment and Budget, in consultation with the Director of Na21 tional Intelligence, shall submit to the relevant congres22 sional committees a report on the recommendations of the 

23 9/11 Commission and the policy goals of the Intelligence 

24 Reform and Terrorism Prevention Act of 2004 (Public 

25 Law 108–458) with respect to the creation of incentives 


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1 for information sharing across the Federal Government 

2 and with State and local authorities. Such report shall in3 clude— 

4 (1) a certification by the Director of the Office 

5 of Management and Budget that such recommenda6 tions have been implemented and such policy goals 

7 have been achieved; or 

8 (2) if the Director of the Office of Management 

9 and Budget is unable to make the certification de10 scribed in paragraph (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 the Office of Management and Budg24 et submits a certification pursuant to subsection (a)(1). 


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1 (c) GAO REVIEW OF CERTIFICATION.—If the Direc2 tor of the Office of Management and Budget submits a 

3 certification pursuant to subsection (a)(1), not later than 

4 30 days after the submission of such certification, the 

5 Comptroller General shall submit to the relevant congres6 sional committees a report on whether the recommenda7 tions described in subsection (a) have been implemented 

8 and whether the policy goals described in subsection (a) 

9 have been achieved. 

10 SEC. 206. REPORT ON PRESIDENTIAL LEADERSHIP OF NA11 TIONAL SECURITY INSTITUTIONS IN THE IN12 FORMATION REVOLUTION. 

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 Office of Manage16 ment and Budget, in consultation with the Director of Na17 tional Intelligence, shall submit to the relevant congres18 sional committees a report on the recommendations of the 

19 9/11 Commission and the policy goals of the Intelligence 

20 Reform and Terrorism Prevention Act of 2004 (Public 

21 Law 108–458) with respect to the leadership of the Presi22 dent of national security institutions into the information 

23 revolution. Such report shall include— 

24 (1) a certification by the Director of the Office 

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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 Management 

4 and Budget 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 

9 Management and Budget expects such rec10 ommendations to be implemented and such pol11 icy goals 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 Management and Budg19 et submits a certification pursuant to subsection (a)(1). 

20 (c) GAO REVIEW OF CERTIFICATION.—If the Direc21 tor of the Office of Management and Budget submits a 

22 certification pursuant to subsection (a)(1), not later than 

23 30 days after the submission of such certification, the 

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1 tions described in subsection (a) have been implemented 

2 and whether the policy goals described in subsection (a) 

3 have been achieved. 

4 (d) GAO REPORT ON INFORMATION SYSTEMS.— 

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 the intelligence community has the 

10 resources and Presidential support to change infor11 mation systems to enable information sharing, poli12 cies and procedures that compel sharing, and sys13 tems of performance evaluation to inform personnel 

14 on how well they carry out information sharing. 

15 (2) TERMINATION.—The duty to submit a re16 port under paragraph (1) shall terminate when the 

17 Comptroller General certifies to the relevant con18 gressional committees that the recommendations of 

19 the 9/11 Commission and the policy goals of the In20 telligence Reform and Terrorism Prevention Act of 

21 2004 (Public Law 108–458) with respect to the 

22 leadership of the President of national security insti23 tutions into the information revolution have been 

24 achieved. 


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1 SEC. 207. HOMELAND AIRSPACE DEFENSE. 

2 (a) CERTIFICATION.—Not later than 30 days after 

3 the date of the enactment of this Act, and every 30 days 

4 thereafter, the Secretary of Homeland Security and the 

5 Secretary of Defense shall each submit to the specified 

6 congressional committees a certification as to whether the 

7 Federal Government has implemented the policy goals of 

8 the Intelligence Reform and Terrorism Prevention Act of 

9 2004 (Public Law 108–458) and the recommendations of 

10 the National Commission on Terrorist Attacks Upon the 

11 United States regarding homeland and airspace defense. 

12 Each Secretary shall include with such certification rec13 ommendations if further congressional action is necessary. 

14 If a Secretary is unable to certify the goal in the first 

15 sentence, the Secretary shall report to the specified com16 mittees what steps have been taken towards implementa17 tion, when implementation can reasonably be expected to 

18 be completed, and whether additional resources or actions 

19 from the Congress are required for implementation. 

20 (b) COMPTROLLER GENERAL REPORT.—Within 30 

21 days of the submission of both certifications under sub22 section (a), the Comptroller General of the United States 

23 shall submit to the specified congressional committees a 

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1 tions of any additional congressional action necessary to 

2 implement the goals referred to in that subsection. 

3 (c) SPECIFIED CONGRESSIONAL COMMITTEES.—For 

4 purposes of this section, the term ‘‘specified congressional 

5 committees’’ means— 

6 (1) the Committee on Homeland Security, the 

7 Committee on Government Reform, and the Com8 mittee on Transportation and Infrastructure of the 

9 House of Representatives; and 

10 (2) the Committee of Homeland Security and 

11 Governmental Affairs and the Committee on Envi12 ronment and Public Works of the Senate. 

13 SEC. 208. SEMIANNUAL REPORT ON PLANS AND STRATE14 GIES OF UNITED STATES NORTHERN COM15 MAND FOR DEFENSE OF THE UNITED STATES 

16 HOMELAND. 

17 (a) FINDINGS.—Consistent with the report of the Na18 tional Commission on Terrorist Attacks Upon the United 

19 States, Congress makes the following findings: 

20 (1) The primary responsibility for national de21 fense is with the Department of Defense and the 

22 secondary responsibility for national defense is with 

23 the Department of Homeland Security, and the two 

24 departments must have clear delineations of respon25 sibility. 


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1 (2) Before September 11, 2001, the North 

2 American Aerospace Defense Command, which had 

3 responsibility for defending United States airspace 

4 on September 11, 2001— 

5 (A) focused on threats coming from out6 side the borders of the United States; and 

7 (B) had not increased its focus on ter8 rorism within the United States, even though 

9 the intelligence community had gathered intel10 ligence on the possibility that terrorists might 

11 turn to hijacking and even the use of airplanes 

12 as missiles within the United States. 

13 (3) The United States Northern Command has 

14 been established to assume responsibility for defense 

15 within the United States. 

16 (b) SENSE OF CONGRESS.—It is the sense of Con17 gress that— 

18 (1) the Secretary of Defense should regularly 

19 assess the adequacy of the plans and strategies of 

20 the United States Northern Command with a view 

21 to ensuring that the United States Northern Com22 mand is prepared to respond effectively to all mili23 tary and paramilitary threats within the United 

24 States; and 


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1 (2) the Committee on Armed Services of the 

2 Senate and the Committee on Armed Services of the 

3 House of Representatives should periodically review 

4 and assess the adequacy of those plans and strate5 gies. 

6 (c) SEMIANNUAL REPORT.—Not later than 90 days 

7 after the date of the enactment of this Act, and every 180 

8 days thereafter, the Secretary of Defense shall submit to 

9 the Committee on Armed Services of the Senate and the 

10 Committee on Armed Services of the House of Represent11 atives a report describing the plans and strategies of the 

12 United States Northern Command to defend the United 

13 States against military and paramilitary threats within the 

14 United States. 

15 SEC. 209. RELEVANT CONGRESSIONAL COMMITTEES DE16 FINED. 

17 In this subtitle, the term ‘‘relevant congressional 

18 committees’’ means the Committee on Homeland Security, 

19 the Committee on Government Reform, and the Perma20 nent Select Committee on Intelligence of the House of 

21 Representatives and the Committee on Homeland Security 

22 and Government Affairs and the Select Committee on In23 telligence of the Senate. 


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1 Subtitle B—Civil Liberties and 

2 Executive Power 

3 SEC. 211. REPORT ON THE BALANCE BETWEEN SECURITY 

4 AND CIVIL LIBERTIES. 

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 Attorney General shall submit to 

8 the relevant congressional committees a report on the rec9 ommendations of the 9/11 Commission and the policy 

10 goals of the Intelligence Reform and Terrorism Prevention 

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

12 balance between security and civil liberties. Such report 

13 shall include— 

14 (1) a certification by the Attorney General that 

15 such recommendations have been implemented and 

16 such policy goals have been achieved; or 

17 (2) if the Attorney General is unable to make 

18 the certification described in paragraph (1), a de19 scription of— 

20 (A) the steps taken to implement such rec21 ommendations and achieve such policy goals; 

22 (B) when the Attorney General expects 

23 such recommendations to be implemented and 

24 such policy goals to be achieved; and 


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1 (C) any allocation of resources or other ac2 tions by Congress the Attorney General con3 siders necessary to implement such rec4 ommendations and 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 Attorney General submits a certification pursu8 ant to subsection (a)(1). 

9 (c) GAO REVIEW OF CERTIFICATION.—If the Attor10 ney General submits a certification pursuant to subsection 

11 (a)(1), not later than 30 days after the submission of such 

12 certification, the Comptroller General shall submit to the 

13 relevant congressional committees a report on whether the 

14 recommendations described in subsection (a) have been 

15 implemented and whether the policy goals described in 

16 subsection (a) have been achieved. 

17 SEC. 212. PRIVACY AND CIVIL LIBERTIES OVERSIGHT 

18 BOARD. 

19 (a) SHORT TITLE.—This section may be cited as the 

20 ‘‘9/11 Commission Civil Liberties Board Act’’. 

21 (b) FINDINGS.—Congress finds the following: 

22 (1) On July 22, 2004 the National Commission 

23 on Terrorist Attacks Upon the United States issued 

24 a report that included 41 specific recommendations 

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1 tails of a global strategy and government reorganiza2 tion necessary to implement that strategy. 

3 (2) One of the recommendations focused on the 

4 protections of civil liberties. Specifically the following 

5 recommendation was made: ‘‘At this time of in6 creased and consolidated government authority, 

7 there should be a board within the executive branch 

8 to oversee adherence to the guidelines we rec9 ommend and the commitment the government makes 

10 to defend our civil liberties.’’. 

11 (3) The report also states that ‘‘the choice be12 tween security and liberty is a false choice, as noth13 ing is more likely to endanger America’s liberties 

14 than the success of a terrorist attack at home. Our 

15 History has shown that the insecurity threatens lib16 erty at home. Yet if our liberties are curtailed, we 

17 lose the values that we are struggling to defend.’’. 

18 (4) On December 17, 2004, Public Law 108– 

19 458, the National Intelligence Reform Act, was 

20 signed into law. This law created a civil liberties 

21 board that does not have the authority necessary to 

22 protect civil liberties. 

23 (5) The establishment and adequate funding of 

24 a Privacy and Civil Liberties Oversight Board was 


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1 a crucial recommendation made by the 9/11 Com2 mission. 

3 (6) In its Final Report on 9/11 Commission 

4 Recommendations, the Commission noted ‘‘very little 

5 urgency’’ and ‘‘insufficient’’ funding as it relates to 

6 the establishment of the Privacy and Civil Liberties 

7 Oversight Board. 

8 (7) While the President’s budget submission for 

9 fiscal year 2006 included $750,000 for the Privacy 

10 and Civil Liberties Oversight Board, the President’s 

11 budget submission for fiscal year 2007 does not con12 tain a funding line for the Board. 

13 (c) MAKING THE PRIVACY AND CIVIL LIBERTIES

14 OVERSIGHT BOARD INDEPENDENT.—Section 1061(b) of 

15 the Intelligence Reform and Terrorism Prevention Act of 

16 2004 is amended by striking ‘‘within the Executive Office 

17 of the President’’ and inserting ‘‘as an independent agency 

18 within the Executive branch’’. 

19 (d) REQUIRING ALL MEMBERS OF THE PRIVACY AND

20 CIVIL LIBERTIES OVERSIGHT BOARD BE CONFIRMED BY

21 THE SENATE.—Subsection (e) of section 1061 of the In22 telligence Reform and Terrorism Prevention Act of 2004 

23 is amended to read as follows: 

24 ‘‘(e) MEMBERSHIP.— 


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1 ‘‘(1) MEMBERS.—The Board shall be composed 

2 of a full-time chairman and 4 additional members, 

3 who shall be appointed by the President, by and 

4 with the advice and consent of the Senate. 

5 ‘‘(2) QUALIFICATIONS.—Members of the Board 

6 shall be selected solely on the basis of their profes7 sional qualifications, achievements, public stature, 

8 expertise in civil liberties and privacy, and relevant 

9 experience, and without regard to political affiliation, 

10 but in no event shall more than 3 members of the 

11 Board be members of the same political party. The 

12 President shall, before appointing an individual who 

13 is not a member of the same political party as the 

14 President consult with the leadership of that party, 

15 if any, in the Senate and House of Representatives. 

16 ‘‘(3) INCOMPATIBLE OFFICE.—An individual 

17 appointed to the Board may not, while serving on 

18 the Board, be an elected official, officer, or employee 

19 of the Federal Government, other than in the capac20 ity as a member of the Board. 

21 ‘‘(4) TERM.—Each member of the Board shall 

22 serve a term of six years, except that— 

23 ‘‘(A) a member appointed to a term of of24 fice after the commencement of such term may 


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1 serve under such appointment only for the re2 mainder of such term; 

3 ‘‘(B) upon the expiration of the term of of4 fice of a member, the member shall continue to 

5 serve until the member’s successor has been ap6 pointed and qualified, except that no member 

7 may serve under this subparagraph— 

8 ‘‘(i) for more than 60 days when Con9 gress is in session unless a nomination to 

10 fill the vacancy shall have been submitted 

11 to the Senate; or 

12 ‘‘(ii) after the adjournment sine die of 

13 the session of the Senate in which such 

14 nomination is submitted; and 

15 ‘‘(C) the members initially appointed under 

16 this subsection shall serve terms of two, three, 

17 four, five, and six years, respectively, from the 

18 effective date of this Act, with the term of each 

19 such member to be designated by the President. 

20 ‘‘(5) QUORUM AND MEETINGS.—The Board 

21 shall meet upon the call of the chairman or a major22 ity of its members. Three members of the Board 

23 shall constitute a quorum.’’. 

24 (e) SUBPOENA POWER FOR THE PRIVACY AND CIVIL

25 LIBERTIES OVERSIGHT BOARD.—Section 1061(d) of the 


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1 Intelligence Reform and Terrorism Prevention Act of 

2 2004 is amended— 

3 (1) so that subparagraph (D) of paragraph (1) 

4 reads as follows: 

5 ‘‘(D) require, by subpoena issued at the di6 rection of a majority of the members of the 

7 Board, persons (other than departments, agen8 cies, and elements of the executive branch) to 

9 produce any relevant information, documents, 

10 reports, answers, records, accounts, papers, and 

11 other documentary or testimonial evidence.’’; 

12 and 

13 (2) so that paragraph (2) reads as follows: 

14 ‘‘(2) ENFORCEMENT OF SUBPOENA.—In the 

15 case of contumacy or failure to obey a subpoena 

16 issued under paragraph (1)(D), the United States 

17 district court for the judicial district in which the 

18 subpoenaed person resides, is served, or may be 

19 found may issue an order requiring such person to 

20 produce the evidence required by such subpoena.’’. 

21 (f) REPORTING REQUIREMENTS.— 

22 (1) DUTIES OF BOARD.—Paragraph (4) of sec23 tion 1061(c) of the Intelligence Reform and Ter24 rorism Prevention Act of 2004 is amended to read 

25 as follows: 


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1 ‘‘(4) REPORTS.— 

2 ‘‘(A) RECEIPT, REVIEW, AND SUBMIS3 SION.— 

4 ‘‘(i) IN GENERAL.—The Board shall— 

5 ‘‘(I) receive and review reports 

6 from privacy officers and civil liberties 

7 officers described in section 212; and 

8 ‘‘(II) periodically submit, not less 

9 than semiannually, reports to the ap10 propriate committees of Congress, in11 cluding the Committees on the Judici12 ary of the Senate and the House of 

13 Representatives, the Committee on 

14 Homeland Security and Governmental 

15 Affairs of the Senate, the Committee 

16 on Government Reform of the House 

17 of Representatives, the Select Com18 mittee on Intelligence of the Senate, 

19 and the Permanent Select Committee 

20 on Intelligence of the House of Rep21 resentatives, and to the President. 

22 Such reports shall be in unclassified form 

23 to the greatest extent possible, with a clas24 sified annex where necessary. 


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1 ‘‘(ii) CONTENTS.—Not less than 2 re2 ports the Board submits each year under 

3 clause (i)(II) shall include— 

4 ‘‘(I) a description of the major 

5 activities of the Board during the pre6 ceding period; 

7 ‘‘(II) information on the findings, 

8 conclusions, and recommendations of 

9 the Board resulting from its advice 

10 and oversight functions under sub11 section (c); 

12 ‘‘(III) the minority views on any 

13 findings, conclusions, and rec14 ommendations of the Board resulting 

15 from its advice and oversight func16 tions under subsection (c); and 

17 ‘‘(IV) each proposal reviewed by 

18 the Board under subsection (c)(1) 

19 that the Board advised against imple20 menting, but that notwithstanding 

21 such advice, was implemented. 

22 ‘‘(B) INFORMING THE PUBLIC.—The 

23 Board shall— 

24 ‘‘(i) make its reports, including its re25 ports to Congress, available to the public 


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1 to the greatest extent that is consistent 

2 with the protection of classified informa3 tion and applicable law; and 

4 ‘‘(ii) hold public hearings and other5 wise inform the public of its activities, as 

6 appropriate and in a manner consistent 

7 with the protection of classified informa8 tion and applicable law.’’. 

9 (2) PRIVACY AND CIVIL LIBERTIES OFFI10 CERS.—Section 1062 of the Intelligence Reform and 

11 Terrorism Prevention Act of 2004 is amended to 

12 read as follows: 

13 ‘‘SEC. 1062. PRIVACY AND CIVIL LIBERTIES OFFICERS. 

14 ‘‘(a) DESIGNATION AND FUNCTIONS.—The Attorney 

15 General, the Secretary of Defense, the Secretary of State, 

16 the Secretary of the Treasury, the Secretary of Health and 

17 Human Services, the Secretary of Homeland Security, the 

18 National Intelligence Director, the Director of the Central 

19 Intelligence Agency, any other entity within the intel20 ligence community (as defined in section 3 of the National 

21 Security Act of 1947 (50 U.S.C. 401a)), and the head of 

22 any other department, agency, or element of the executive 

23 branch designated by the Privacy and Civil Liberties Over24 sight Board to be appropriate for coverage under this sec25 tion shall designate not less than 1 senior officer to— 


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1 ‘‘(1) assist the head of such department, agen2 cy, or element and other officials of such depart3 ment, agency, or element in appropriately consid4 ering privacy and civil liberties concerns when such 

5 officials are proposing, developing, or implementing 

6 laws, regulations, policies, procedures, or guidelines 

7 related to efforts to protect the Nation against ter8 rorism; 

9 ‘‘(2) periodically investigate and review depart10 ment, agency, or element actions, policies, proce11 dures, guidelines, and related laws and their imple12 mentation to ensure that such department, agency, 

13 or element is adequately considering privacy and 

14 civil liberties in its actions; 

15 ‘‘(3) ensure that such department, agency, or 

16 element has adequate procedures to receive, inves17 tigate, respond to, and redress complaints from indi18 viduals who allege such department, agency, or ele19 ment has violated their privacy or civil liberties; and 

20 ‘‘(4) in providing advice on proposals to retain 

21 or enhance a particular governmental power the offi22 cer shall consider whether such department, agency, 

23 or element has established— 

24 ‘‘(A) that the power actually enhances se25 curity and the need for the power is balanced 


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1 with the need to protect privacy and civil lib2 erties; 

3 ‘‘(B) that there is adequate supervision of 

4 the use by such department, agency, or element 

5 of the power to ensure protection of privacy and 

6 civil liberties; and 

7 ‘‘(C) that there are adequate guidelines 

8 and oversight to properly confine its use. 

9 ‘‘(b) EXCEPTION TO DESIGNATION AUTHORITY.— 

10 ‘‘(1) PRIVACY OFFICERS.—In any department, 

11 agency, or element referred to in subsection (a) or 

12 designated by the Board, which has a statutorily 

13 created privacy officer, such officer shall perform the 

14 functions specified in subsection (a) with respect to 

15 privacy. 

16 ‘‘(2) CIVIL LIBERTIES OFFICERS.—In any de17 partment, agency, or element referred to in sub18 section (a) or designated by the Board, which has a 

19 statutorily created civil liberties officer, such officer 

20 shall perform the functions specified in subsection 

21 (a) with respect to civil liberties. 

22 ‘‘(c) SUPERVISION AND COORDINATION.—Each pri23 vacy officer or civil liberties officer described in subsection 

24 (a) or (b) shall— 


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1 ‘‘(1) report directly to the head of the depart2 ment, agency, or element concerned; and 

3 ‘‘(2) coordinate their activities with the Inspec4 tor General of such department, agency, or element 

5 to avoid duplication of effort. 

6 ‘‘(d) AGENCY COOPERATION.—The head of each de7 partment, agency, or element shall ensure that each pri8 vacy officer and civil liberties officer— 

9 ‘‘(1) has the information, material, and re10 sources necessary to fulfill the functions of such offi11 cer; 

12 ‘‘(2) is advised of proposed policy changes; 

13 ‘‘(3) is consulted by decisionmakers; and 

14 ‘‘(4) is given access to material and personnel 

15 the officer determines to be necessary to carry out 

16 the functions of such officer. 

17 ‘‘(e) REPRISAL FOR MAKING COMPLAINT.—No ac18 tion constituting a reprisal, or threat of reprisal, for mak19 ing a complaint or for disclosing information to a privacy 

20 officer or civil liberties officer described in subsection (a) 

21 or (b), or to the Privacy and Civil Liberties Oversight 

22 Board, that indicates a possible violation of privacy protec23 tions or civil liberties in the administration of the pro24 grams and operations of the Federal Government relating 

25 to efforts to protect the Nation from terrorism shall be 


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1 taken by any Federal employee in a position to take such 

2 action, unless the complaint was made or the information 

3 was disclosed with the knowledge that it was false or with 

4 willful disregard for its truth or falsity. 

5 ‘‘(f) PERIODIC REPORTS.— 

6 ‘‘(1) IN GENERAL.—The privacy officers and 

7 civil liberties officers of each department, agency, or 

8 element referred to or described in subsection (a) or 

9 (b) shall periodically, but not less than quarterly, 

10 submit a report on the activities of such officers— 

11 ‘‘(A)(i) to the appropriate committees of 

12 Congress, including the Committees on the Ju13 diciary of the Senate and the House of Rep14 resentatives, the Committee on Homeland Secu15 rity and Governmental Affairs of the Senate, 

16 the Committee on Government Reform of the 

17 House of Representatives, the Select Committee 

18 on Intelligence of the Senate, and the Perma19 nent Select Committee on Intelligence of the 

20 House of Representatives; 

21 ‘‘(ii) to the head of such department, agen22 cy, or element; and 

23 ‘‘(iii) to the Privacy and Civil Liberties 

24 Oversight Board; and 


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1 ‘‘(B) which shall be in unclassified form to 

2 the greatest extent possible, with a classified 

3 annex where necessary. 

4 ‘‘(2) CONTENTS.—Each report submitted under 

5 paragraph (1) shall include information on the dis6 charge of each of the functions of the officer con7 cerned, including— 

8 ‘‘(A) information on the number and types 

9 of reviews undertaken; 

10 ‘‘(B) the type of advice provided and the 

11 response given to such advice; 

12 ‘‘(C) the number and nature of the com13 plaints received by the department, agency, or 

14 element concerned for alleged violations; and 

15 ‘‘(D) a summary of the disposition of such 

16 complaints, the reviews and inquiries conducted, 

17 and the impact of the activities of such officer. 

18 ‘‘(g) INFORMING THE PUBLIC.—Each privacy officer 

19 and civil liberties officer shall— 

20 ‘‘(1) make the reports of such officer, including 

21 reports to Congress, available to the public to the 

22 greatest extent that is consistent with the protection 

23 of classified information and applicable law; and 

24 ‘‘(2) otherwise inform the public of the activi25 ties of such officer, as appropriate and in a manner 


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1 consistent with the protection of classified informa2 tion and applicable law. 

3 ‘‘(h) SAVINGS CLAUSE.—Nothing in this section shall 

4 be construed to limit or otherwise supplant any other au5 thorities or responsibilities provided by law to privacy offi6 cers or civil liberties officers. 

7 ‘‘(i) PROTECTIONS FOR HUMAN RESEARCH SUB8 JECTS.—The Secretary of Homeland Security shall ensure 

9 that the Department of Homeland Security complies with 

10 the protections for human research subjects, as described 

11 in part 46 of title 45, Code of Federal Regulations, or 

12 in equivalent regulations as promulgated by such Sec13 retary, with respect to research that is conducted or sup14 ported by such Department.’’. 

15 (g) INCLUSION IN PRESIDENT’S BUDGET SUBMIS16 SION TO CONGRESS.—Section 1105(a) of title 31, United 

17 States Code, is amended by adding at the end the fol18 lowing new paragraph: 

19 ‘‘(36) a separate statement of the amount of 

20 appropriations requested for the Privacy and Civil 

21 Liberties Oversight Board.’’. 

22 (h) REPORT; CERTIFICATION.— 

23 (1) REPORT.—Not later than 30 days after the 

24 date of the enactment of this Act, and every 30 days 

25 thereafter, the Attorney General shall submit to the 


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1 relevant congressional committees a report on on the 

2 extent to which the Administration has achieved and 

3 implemented the policy goals of Public Law 108–458 

4 and the recommendations of the 9/11 Commission 

5 regarding the implementation of the Privacy and 

6 Civil Liberties Oversight Board. Such report shall 

7 include— 

8 (A) a certification by the Attorney General 

9 that such recommendations have been imple10 mented and such policy goals have been 

11 achieved; or 

12 (B) if the Attorney General is unable to 

13 make the certification described in subpara14 graph (A), a description of— 

15 (i) the steps taken to implement such 

16 recommendations and achieve such policy 

17 goals; 

18 (ii) when the Attorney General ex19 pects such recommendations to be imple20 mented and such policy goals to be 

21 achieved; and 

22 (iii) any allocation of resources or 

23 other actions by Congress the Attorney 

24 General considers necessary to implement 


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1 such recommendations and achieve such 

2 policy goals. 

3 (2) TERMINATION OF DUTY TO REPORT.—The 

4 duty to submit a report under paragraph (1) shall 

5 terminate when the Attorney General submits a cer6 tification pursuant to paragraph (1)(A). 

7 (3) GAO REVIEW OF CERTIFICATION.—If the 

8 Attorney General submits a certification pursuant to 

9 paragraph (1), not later than 30 days after the sub10 mission of such certification, the Comptroller Gen11 eral shall submit to the relevant congressional com12 mittees a report on whether the recommendations 

13 described in paragraph (1) have been implemented 

14 and whether the policy goals described in paragraph 

15 (1) have been achieved. 

16 SEC. 213. SET PRIVACY GUIDELINES FOR GOVERNMENT 

17 SHARING OF PERSONAL INFORMATION. 

18 (a) REPORT.—Not later than 30 days after the date 

19 of the enactment of this Act, and every 30 days thereafter, 

20 the Attorney General shall submit to the relevant congres21 sional committees a report on on the extent to which the 

22 Administration has achieved and implemented the policy 

23 goals of Public Law 108–458 and the recommendations 

24 of the 9/11 Commission regarding the privacy guidelines 


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1 for government sharing of personal information. Such re2 port 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), 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 paragraph (1) have been 

3 implemented and whether the policy goals described in 

4 subsection (A) have been achieved. 

5 SEC. 214. DEFINITION OF RELEVANT CONGRESSIONAL 

6 COMMITTEES FOR SUBTITLE. 

7 As used in this subtitle, the term ‘‘relevant commit8 tees’’ means the Committee on Homeland Security of the 

9 House of Representatives, the Committee on Government 

10 Reform of the House of Representatives, the Committee 

11 on Homeland Security and Governmental Affairs of the 

12 Senate, the Committees on the Judiciary of the Senate 

13 and House of Representatives, the Select Committee on 

14 Intelligence of the Senate, and the Permanent Select Com15 mittee on Intelligence of the House of Representatives. 

16 Subtitle C—Homeland Security 

17 Committees 

18 CHAPTER 1—HOMELAND SECURITY RE19 FORM IN THE HOUSE OF REPRESENT20 ATIVES 

21 SEC. 221. COMMITTEE ON HOMELAND SECURITY. 

22 Clause 1 of rule X of the Rules of the House of Rep23 resentatives is amended by redesignating paragraphs (i) 

24 through (s) as paragraphs (j) through (t), respectively, 


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1 and by inserting after paragraph (h) the following new 

2 paragraph: 

3 ‘‘(i) COMMITTEE ON HOMELAND SECURITY.— 

4 ‘‘(1) The Department of Homeland Security 

5 ‘‘(2) Homeland security, generally. 

6 The committee shall have exclusive jurisdiction over the 

7 matters referred to in subparagraphs (1) and (2).’’. 

8 SEC. 222. COMMITTEE ON INTELLIGENCE. 

9 (a) Clause 1 of rule X of the Rules of the House of 

10 Representatives (as amended by section 301) is further 

11 amended by redesignating paragraphs (k) through (t) as 

12 paragraphs (l) through (u), respectively, and by inserting 

13 after paragraph (j) (as redesignated by such section) the 

14 following new paragraph: 

15 ‘‘(k) COMMITTEE ON INTELLIGENCE.— 

16 ‘‘(1) The Director of National Intelligence, the 

17 Central Intelligence Agency, the Director of Central 

18 Intelligence, and the National Foreign Intelligence 

19 Program as defined in section 3(6) of the National 

20 Security Act of 1947. 

21 ‘‘(2) Intelligence and intelligence-related activi22 ties of all other departments and agencies of the 

23 Government, including the tactical intelligence and 

24 intelligence-related activities of the Department of 

25 Defense. 


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1 ‘‘(3) The organization or reorganization of a de2 partment or agency of the Government to the extent 

3 that the organization or reorganization relates to a 

4 function or activity involving intelligence or intel5 ligence-related activities. 

6 ‘‘(4) Authorizations for appropriations, both di7 rect and indirect, for the following: 

8 ‘‘(A) The Director of National Intelligence, 

9 the Central Intelligence Agency, the Director of 

10 Central Intelligence, and the National Foreign 

11 Intelligence Program as defined in section 3(6) 

12 of the National Security Act of 1947. 

13 ‘‘(B) Intelligence and intelligence-related 

14 activities of all other departments and agencies 

15 of the Government, including the tactical intel16 ligence and intelligence-related activities of the 

17 Department of Defense. 

18 ‘‘(C) A department, agency, subdivision, or 

19 program that is a successor to an agency or 

20 program named or referred to in subdivision 

21 (A) or (B). 

22 The committee shall have exclusive jurisdiction over 

23 the matters referred to in subparagraphs (1) 

24 through (4).’’. 


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1 (b) Clause 4 of rule X of the Rules of the House of 

2 Representatives is amended by adding at the end the fol3 lowing new paragraph: 

4 ‘‘(g)(1) For purposes of accountability to the House, 

5 the Committee on Intelligence shall make regular and 

6 periodic reports to the House on the nature and extent 

7 of the intelligence and intelligence-related activities of the 

8 various departments and agencies of the United States. 

9 The committee shall promptly call to the attention of the 

10 House, or to any other appropriate committee, a matter 

11 requiring the attention of the House or another com12 mittee. In making such report, the committee shall pro13 ceed in a manner consistent with subparagraph (7) to pro14 tect national security. 

15 ‘‘(2) The Committee on Intelligence shall obtain an16 nual reports from the Director of National Intelligence, 

17 the Director of the Central Intelligence Agency, the Sec18 retary of Defense, the Secretary of State, and the Director 

19 of the Federal Bureau of Investigation. Such reports shall 

20 review the intelligence and intelligence-related activities of 

21 the agency or department concerned and the intelligence 

22 and intelligence-related activities of foreign countries di23 rected at the United States or its interests. An unclassified 

24 version of each report may be made available to the public 

25 at the discretion of the committee. Nothing herein shall 


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1 be construed as requiring the public disclosure in such re2 ports of the names of persons engaged in intelligence or 

3 intelligence-related activities for the United States or the 

4 divulging of intelligence methods employed or the sources 

5 of information on which the reports are based or the 

6 amount of funds authorized to be appropriated for intel7 ligence and intelligence-related activities. 

8 ‘‘(3) Within six weeks after the President submits a 

9 budget under section 1105(a) of title 31, United States 

10 Code, or at such time as the Committee on the Budget 

11 may request, the Committee on Intelligence shall submit 

12 to the Committee on the Budget the views and estimates 

13 described in section 301(d) of the Congressional Budget 

14 Act of 1974 regarding matters within the jurisdiction of 

15 the committee. 

16 ‘‘(4)(A) Except as specified in subdivision (B), 

17 clauses 8(a), (b), and (c) and 9(a), (b), and (c) of this 

18 rule, and clauses 1, 2, and 4 of rule XI shall apply to 

19 the Committee on Intelligence to the extent not incon20 sistent with this clause. 

21 ‘‘(B) Notwithstanding the requirements of the first 

22 sentence of clause 2(g)(2) of rule XI, in the presence of 

23 the number of members required under the rules of the 

24 Committee on Intelligence for the purpose of taking testi25 mony or receiving evidence, the committee may vote to 


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1 close a hearing whenever a majority of those present deter2 mines that the testimony or evidence would endanger the 

3 national security. 

4 ‘‘(5) An employee of the Committee on Intelligence, 

5 or a person engaged by contract or otherwise to perform 

6 services for or at the request of the committee, may not 

7 be given access to any classified information by the com8 mittee unless such employee or person has— 

9 ‘‘(A) agreed in writing and under oath to be 

10 bound by the Rules of the House, including the ju11 risdiction of the Committee on Standards of Official 

12 Conduct and of the Committee on Intelligence con13 cerning the security of classified information during 

14 and after the period of his employment or contrac15 tual agreement with the committee; and 

16 ‘‘(B) received an appropriate security clearance, 

17 as determined by the Committee on Intelligence in 

18 consultation with the Director of Central Intel19 ligence, that is commensurate with the sensitivity of 

20 the classified information to which such employee or 

21 person will be given access by the committee. 

22 ‘‘(6) The Committee on Intelligence shall formulate 

23 and carry out such rules and procedures as it considers 

24 necessary to prevent the disclosure, without the consent 

25 of each person concerned, of information in the possession 


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1 of the committee that unduly infringes on the privacy or 

2 that violates the constitutional rights of such person. 

3 Nothing herein shall be construed to prevent the com4 mittee from publicly disclosing classified information in a 

5 case in which it determines that national interest in the 

6 disclosure of classified information clearly outweighs any 

7 infringement on the privacy of a person. 

8 ‘‘(7)(A) The Committee on Intelligence may disclose 

9 publicly any information in its possession after a deter10 mination by the committee that the public interest would 

11 be served by such disclosure. With respect to the disclo12 sure of information for which this subparagraph requires 

13 action by the committee— 

14 ‘‘(i) the committee shall meet to vote on the 

15 matter within five days after a member of the com16 mittee requests a vote; and 

17 ‘‘(ii) a member of the committee may not make 

18 such a disclosure before a vote by the committee on 

19 the matter, or after a vote by the committee on the 

20 matter except in accordance with this subparagraph. 

21 ‘‘(B)(i) In a case in which the Committee on Intel22 ligence votes to disclose publicly any information that has 

23 been classified under established security procedures, that 

24 has been submitted to it by the executive branch, and that 


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1 the executive branch requests be kept secret, the com2 mittee shall notify the President of such vote. 

3 ‘‘(ii) The Committee on Intelligence may disclose 

4 publicly such information after the expiration of a five5 day period following the day on which notice of the vote 

6 to disclose is transmitted to the President unless, before 

7 the expiration of the five-day period, the President, per8 sonally in writing, notifies the committee that he objects 

9 to the disclosure of such information, provides his reasons 

10 therefor, and certifies that the threat to the national inter11 est of the United States posed by the disclosure is of such 

12 gravity that it outweighs any public interest in the disclo13 sure. 

14 ‘‘(iii) If the President, personally in writing, notifies 

15 the committee of his objections to the disclosure of infor16 mation as provided in clause (ii), the committee may, by 

17 majority vote, refer the question of the disclosure of such 

18 information, with a recommendation thereon, to the 

19 House. The committee may not publicly disclose such in20 formation without leave of the House. 

21 ‘‘(iv) Whenever the committee votes to refer the ques22 tion of disclosure of any information to the House under 

23 clause (iii), the chairman shall, not later than the first 

24 day on which the House is in session following the day 


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1 on which the vote occurs, report the matter to the House 

2 for its consideration. 

3 ‘‘(v) If the chairman of the committee does not offer 

4 in the House a motion to consider in closed session a mat5 ter reported under clause (iv) within four calendar days 

6 on which the House is in session after the recommendation 

7 described in clause (iii) is reported, then such a motion 

8 shall be privileged when offered by a Member, Delegate, 

9 or Resident Commissioner. In either case such a motion 

10 shall be decided without debate or intervening motion ex11 cept one that the House adjourn. 

12 ‘‘(vi) Upon adoption by the House of a motion to re13 solve into closed session as described in clause (v), the 

14 Speaker may declare a recess subject to the call of the 

15 Chair. At the expiration of the recess, the pending ques16 tion, in closed session, shall be, ‘Shall the House approve 

17 the recommendation of the committee?’. 

18 ‘‘(vii) Debate on the question described in clause (vi) 

19 shall be limited to two hours equally divided and controlled 

20 by the chairman and ranking minority member of the com21 mittee. After such debate the previous question shall be 

22 considered as ordered on the question of approving the 

23 recommendation without intervening motion except one 

24 motion that the House adjourn. The House shall vote on 

25 the question in open session but without divulging the inVerDate Aug 31 2005 22:24 Mar 29, 2006 Jkt 049200 PO 00000 Frm 00138 Fmt 6652 Sfmt 6201 E:\BILLS\H5017.IH H5017

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1 formation with respect to which the vote is taken. If the 

2 recommendation of the committee is not approved, then 

3 the question is considered as recommitted to the com4 mittee for further recommendation. 

5 ‘‘(C)(i) Information in the possession of the Com6 mittee on Intelligence relating to the lawful intelligence 

7 or intelligence-related activities of a department or agency 

8 of the United States that has been classified under estab9 lished security procedures, and that the committee has de10 termined should not be disclosed under subdivision (A) or 

11 (B), may not be made available to any person by a Mem12 ber, Delegate, Resident Commissioner, officer, or em13 ployee of the House except as provided in clause (ii). 

14 ‘‘(ii) The Committee on Intelligence shall, under such 

15 regulations as it may prescribe, make information de16 scribed in clause (i) available to a committee or a Member, 

17 Delegate, or Resident Commissioner, and permit a Mem18 ber, Delegate, or Resident Commissioner to attend a hear19 ing of the committee that is closed to the public. Whenever 

20 the committee makes such information available, it shall 

21 keep a written record showing, in the case of particular 

22 information, which committee or which Member, Delegate, 

23 or Resident Commissioner received the information. A 

24 Member, Delegate, or Resident Commissioner who, and a 

25 committee that, receives information under this clause 


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1 may not disclose the information except in a closed session 

2 of the House. 

3 ‘‘(D) The Committee on Standards of Official Con4 duct shall investigate any unauthorized disclosure of intel5 ligence or intelligence-related information by a Member, 

6 Delegate, Resident Commissioner, officer, or employee of 

7 the House in violation of subdivision (C) and report to 

8 the House concerning any allegation that it finds to be 

9 substantiated. 

10 ‘‘(E) Upon the request of a person who is subject to 

11 an investigation described in subdivision (D), the Com12 mittee on Standards of Official Conduct shall release to 

13 such person at the conclusion of its investigation a sum14 mary of its investigation, together with its findings. If, at 

15 the conclusion of its investigation, the Committee on 

16 Standards of Official Conduct determines that there has 

17 been a significant breach of confidentiality or unauthor18 ized disclosure by a Member, Delegate, Resident Commis19 sioner, officer, or employee of the House, it shall report 

20 its findings to the House and recommend appropriate ac21 tion. Recommendations may include censure, removal 

22 from committee membership, or expulsion from the House, 

23 in the case of a Member, or removal from office or employ24 ment or punishment for contempt, in the case of an officer 

25 or employee. 


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1 ‘‘(F) The Committee on Intelligence may permit a 

2 personal representative of the President, designated by the 

3 President to serve as a liaison to the committee, to attend 

4 any closed meeting of the committee. 

5 ‘‘(G) Subject to the Rules of the House, funds may 

6 not be appropriated for a fiscal year, with the exception 

7 of a bill or joint resolution continuing appropriations, or 

8 an amendment thereto, or a conference report thereon, to, 

9 or for use of, a department or agency of the United States 

10 to carry out any of the following activities, unless the 

11 funds shall previously have been authorized by a bill or 

12 joint resolution passed by the House during the same or 

13 preceding fiscal year to carry out such activity for such 

14 fiscal year: 

15 ‘‘(i) The activities of the Central Intelligence 

16 Agency and the Director of Central Intelligence. 

17 ‘‘(ii) The activities of the Defense Intelligence 

18 Agency. 

19 ‘‘(iii) The activities of the National Security 

20 Agency. 

21 ‘‘(iv) The intelligence and intelligence-related 

22 activities of other agencies and subdivisions of the 

23 Department of Defense. 

24 ‘‘(v) The intelligence and intelligence-related ac25 tivities of the Department of State. 


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1 ‘‘(vi) The intelligence and intelligence-related 

2 activities of the Federal Bureau of Investigation, in3 cluding all activities of the Intelligence Division. 

4 ‘‘(vii) The activities of the Director of National 

5 Intelligence. 

6 ‘‘(H)(i) In this clause, the term ‘intelligence and in7 telligence-related activities’ includes— 

8 ‘‘(I) the collection, analysis, production, dis9 semination, or use of information that relates to a 

10 foreign country, or a government, political group, 

11 party, military force, movement, or other association 

12 in a foreign country, and that relates to the defense, 

13 foreign policy, national security, or related policies of 

14 the United States and other activity in support of 

15 the collection, analysis, production, dissemination, or 

16 use of such information; 

17 ‘‘(II) activities taken to counter similar activi18 ties directed against the United States; 

19 ‘‘(III) covert or clandestine activities affecting 

20 the relations of the United States with a foreign 

21 government, political group, party, military force, 

22 movement, or other association; 

23 ‘‘(IV) the collection, analysis, production, dis24 semination, or use of information about activities of 

25 persons within the United States, its territories and 


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1 possessions, or nationals of the United States abroad 

2 whose political and related activities pose, or may be 

3 considered by a department, agency, bureau, office, 

4 division, instrumentality, or employee of the United 

5 States to pose, a threat to the internal security of 

6 the United States; and 

7 ‘‘(V) covert or clandestine activities directed 

8 against persons described in (IV). 

9 ‘‘(ii) In this clause, the term ‘department or agency’ 

10 includes any organization, committee, council, establish11 ment, or office within the Federal Government. 

12 ‘‘(iii) For purposes of this clause, reference to a de13 partment, agency, bureau, or subdivision shall include a 

14 reference to any successor department, agency, bureau, or 

15 subdivision to the extent that a successor engages in intel16 ligence or intelligence-related activities now conducted by 

17 the department, agency, bureau, or subdivision referred to 

18 in this clause. 

19 ‘‘(I) Clause 12(a) of rule XXII does not apply to 

20 meetings of a conference committee respecting legislation 

21 (or any part thereof) reported by the Committee on Intel22 ligence.’’. 

23 (c) Clause 5(a) of rule X of the Rules of the House 

24 of Representatives is amended by adding at the end the 

25 following new subparagraph: 


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1 ‘‘(4)(A) The Committee on Intelligence shall be com2 posed of not more than 18 Members, Delegates, or the 

3 Resident Commissioner, of whom not more than 10 may 

4 be from the same party. The committee shall include at 

5 least one Member, Delegate, or the Resident Commis6 sioner from each of the following committees: 

7 ‘‘(i) The Committee on Appropriations. 

8 ‘‘(ii) The Committee on Armed Services. 

9 ‘‘(iii) The Committee on International Rela10 tions. 

11 ‘‘(iv) The Committee on the Judiciary. 

12 ‘‘(B) The Speaker and the Minority Leader shall be 

13 ex officio members of the Committee on Intelligence, but 

14 shall have no vote in the committee and may not be count15 ed for purposes of determining a quorum. 

16 ‘‘(C) The Speaker and Minority Leader each may 

17 designate a member of his leadership staff to assist him 

18 in his capacity as ex officio member, with the same access 

19 to committee meetings, hearings, briefings, and materials 

20 as employees of the committee and subject to the same 

21 security clearance and confidentiality requirements as em22 ployees of the committee under this clause.’’. 


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1 SEC. 223. SUBCOMMITTEE LIMITATION ON COMMITTEE ON 

2 APPROPRIATIONS. 

3 The second sentence of clause 5(d)(2) of rule X of 

4 the Rules of the House of Representatives is amended by 

5 striking ‘‘13’’ and inserting ‘‘14 (of which one is a Sub6 committee on Intelligence)’’. 

7 SEC. 224. MEMBERSHIP ON COMMITTEE ON APPROPRIA8 TIONS. 

9 Clause 5 of rule X of the Rules of the House of Rep10 resentatives is amended by adding at the end the following 

11 new paragraph: 

12 ‘‘(f) One-third of the members of the Committee on 

13 Intelligence (but if such number is not an even-number 

14 divisible by three, then the next highest even-number that 

15 is divisible by three) shall be members of the Committee 

16 on Appropriations, of whom not more than one-half shall 

17 be from the same party.’’. 

18 SEC. 225. CONFORMING AMENDMENTS. 

19 (a) Clause 3(l) of rule X of the Rules of the House 

20 of Representatives is amended by striking ‘‘Permanent Se21 lect’’ and by striking ‘‘clause 11(b)(1)(A)’’ and inserting 

22 ‘‘clause 1(k)’’. 

23 (b) Clause 9(a)(2) of rule X of the Rules of the House 

24 of Representatives is amended by striking ‘‘Permanent Se25 lect’’. 


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1 (c) Clause 11 of rule 10 of the Rules of the House 

2 of Representatives is repealed. 

3 (d) Clause 2(g)(2)(D) of rule 11 of the Rules of the 

4 House of Representatives is amended by striking ‘‘Perma5 nent Select’’. 

6 CHAPTER 2—HOMELAND SECURITY 

7 OVERSIGHT REFORM IN THE SENATE 

8 Subchapter A—Homeland Security 

9 SEC. 231. HOMELAND SECURITY. 

10 (a) COMMITTEE ON HOMELAND SECURITY AND GOV11 ERNMENT AFFAIRS.—The Committee on Governmental 

12 Affairs is renamed as the Committee on Homeland Secu13 rity and Governmental Affairs. 

14 (b) JURISDICTION.—There shall be referred to the 

15 committee all proposed legislation, messages, petitions, 

16 memorials, and other matters relating to the following 

17 subjects: 

18 (1) Department of Homeland Security, except 

19 matters relating to the Coast Guard, the Transpor20 tation Security Administration, the Federal Law En21 forcement Training Center, and the revenue func22 tions of the Customs Service. 

23 (2) Archives of the United States. 


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1 (3) Budget and accounting measures, other 

2 than appropriations, except as provided in the Con3 gressional Budget Act of 1974. 

4 (4) Census and collection of statistics, including 

5 economic and social statistics. 

6 (5) Congressional organization, except for any 

7 part of the matter that amends the rules or orders 

8 of the Senate. 

9 (6) Federal Civil Service. 

10 (7) Government information. 

11 (8) Intergovernmental relations. 

12 (9) Municipal affairs of the District of Colum13 bia, except appropriations therefor. 

14 (10) Organization and management of United 

15 States nuclear export policy. 

16 (11) Organization and reorganization of the ex17 ecutive branch of the Government. 

18 (12) Postal Service. 

19 (13) Status of officers and employees of the 

20 United States, including their classification, com21 pensation, and benefits. 

22 (c) ADDITIONAL DUTIES.—The committee shall have 

23 the duty of— 

24 (1) receiving and examining reports of the 

25 Comptroller General of the United States and of 


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1 submitting such recommendations to the Senate as 

2 it deems necessary or desirable in connection with 

3 the subject matter of such reports; 

4 (2) studying the efficiency, economy, and effec5 tiveness of all agencies and departments of the Gov6 ernment; 

7 (3) evaluating the effects of laws enacted to re8 organize the legislative and executive branches of the 

9 Government; and 

10 (4) studying the intergovernmental relation11 ships between the United States and the States and 

12 municipalities, and between the United States and 

13 international organizations of which the United 

14 States is a member. 

15 (d) JURISDICTION OF SENATE COMMITTEES.—The 

16 jurisdiction of the Committee on Homeland Security and 

17 Governmental Affairs provided in subsection (b)(1) shall 

18 supersede the jurisdiction of any other committee of the 

19 Senate provided in the rules of the Senate. 

20 Subchapter B—Intelligence Oversight 

21 Reform 

22 SEC. 241. INTELLIGENCE OVERSIGHT. 

23 (a) COMMITTEE ON ARMED SERVICES MEMBER24 SHIP.—Section 2(a)(3) of Senate Resolution 400, agreed 


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1 to May 19, 1976 (94th Congress) (referred to in this sec2 tion as ‘‘S. Res. 400’’) is amended by— 

3 (1) inserting ‘‘(A)’’ after ‘‘(3)’’; and 

4 (2) inserting at the end the following: 

5 ‘‘(B) The Chairman and Ranking Member 

6 of the Committee on Armed Services (if not al7 ready a member of the select Committee) shall 

8 be ex officio members of the select Committee 

9 but shall have no vote in the Committee and 

10 shall not be counted for purposes of deter11 mining a quorum.’’. 

12 (b) NUMBER OF MEMBERS.—Section 2(a) of S. Res. 

13 400 is amended— 

14 (1) in paragraph (1), by inserting ‘‘not to ex15 ceed’’ before ‘‘fifteen members’’; 

16 (2) in paragraph (1)(E), by inserting ‘‘not to 

17 exceed’’ before ‘‘seven’’; and 

18 (3) in paragraph (2), by striking the second 

19 sentence and inserting ‘‘Of any members appointed 

20 under paragraph (1)(E), the majority leader shall 

21 appoint the majority members and the minority 

22 leader shall appoint the minority members, with the 

23 majority having a one vote margin.’’. 

24 (c) ELIMINATION OF TERM LIMITS.—Section 2 of 

25 Senate Resolution 400, 94th Congress, agreed to May 19, 


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1 1976, is amended by striking subsection (b) and by redes2 ignating subsection (c) as subsection (b). 

3 (d) APPOINTMENT OF CHAIRMAN AND VICE CHAIR4 MAN.—Section 2(b) of S. Res. 400, as redesignated by 

5 subsection (c) of this section, is amended by striking the 

6 first sentence and inserting the following: ‘‘At the begin7 ning of each Congress, the Majority Leader of the Senate 

8 shall select a chairman of the select Committee and the 

9 Minority Leader shall select a vice chairman for the select 

10 Committee.’’. 

11 (e) SUBCOMMITTEES.—Section 2 of S. Res. 400, as 

12 amended by subsections (a) through (d), is amended by 

13 adding at the end the following: 

14 ‘‘(c) The select Committee may be organized into sub15 committees. Each subcommittee shall have a chairman 

16 and a vice chairman who are selected by the Chairman 

17 and Vice Chairman of the select Committee, respectively.’’. 

18 (f) REPORTS.—Section 4(a) of S. Res. 400 is amend19 ed by inserting ‘‘, but not less than quarterly,’’ after ‘‘peri20 odic’’. 

21 (g) STAFF.—Section 15 of S. Res. 400 is amended 

22 to read as follows: 

23 ‘‘SEC. 15. (a) The select Committee shall hire or ap24 point one employee for each member of the select Com25 mittee to serve as such Member’s designated representaVerDate Aug 31 2005 22:24 Mar 29, 2006 Jkt 049200 PO 00000 Frm 00150 Fmt 6652 Sfmt 6201 E:\BILLS\H5017.IH H5017

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1 tive on the select Committee. The select Committee shall 

2 only hire or appoint an employee chosen by the respective 

3 Member of the select Committee for whom the employee 

4 will serve as the designated representative on the select 

5 Committee. 

6 ‘‘(b) The select Committee shall be afforded a supple7 ment to its budget, to be determined by the Committee 

8 on Rules and Administration, to allow for the hire of each 

9 employee who fills the position of designated representa10 tive to the select Committee. The designated representa11 tive shall have office space and appropriate office equip12 ment in the select Committee spaces, and shall have full 

13 access to select Committee staff, information, records, and 

14 databases. 

15 ‘‘(c) The designated employee shall meet all the re16 quirements of relevant statutes, Senate rules, and com17 mittee clearance requirements for employment by the se18 lect Committee.’’. 

19 (h) NOMINEES.—S. Res. 400 is amended by adding 

20 at the end the following: 

21 ‘‘SEC. 17. (a) The select Committee shall have juris22 diction for reviewing, holding hearings, and voting on civil23 ian persons nominated by the President to fill a position 

24 within the intelligence community that requires the advice 

25 and consent of the Senate. 


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1 ‘‘(b) Other committees with jurisdiction over the 

2 nominees’ executive branch department may hold hearings 

3 and interviews with that person.’’. 

4 Subchapter C—Committee Status 

5 SEC. 251. COMMITTEE STATUS. 

6 (a) HOMELAND SECURITY.—The Committee on 

7 Homeland Security and Governmental Affairs shall be 

8 treated as the Committee on Governmental Affairs listed 

9 under paragraph 2 of rule XXV of the Standing Rules 

10 of the Senate for purposes of the Standing Rules of the 

11 Senate. 

12 (b) INTELLIGENCE.—The Select Committee on Intel13 ligence shall be treated as a committee listed under para14 graph 2 of rule XXV of the Standing Rules of the Senate 

15 for purposes of the Standing Rules of the Senate. 

16 Subchapter D—Intelligence-Related 

17 Subcommittees 

18 SEC. 261. SUBCOMMITTEE RELATED TO INTELLIGENCE 

19 OVERSIGHT. 

20 (a) ESTABLISHMENT.—There is established in the 

21 Select Committee on Intelligence a Subcommittee on Over22 sight which shall be in addition to any other subcommittee 

23 established by the select Committee. 


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1 (b) RESPONSIBILITY.—The Subcommittee on Over2 sight shall be responsible for ongoing oversight of intel3 ligence activities. 

4 SEC. 262. SUBCOMMITTEE RELATED TO INTELLIGENCE AP5 PROPRIATIONS. 

6 (a) ESTABLISHMENT.—There is established in the 

7 Committee on Appropriations a Subcommittee on Intel8 ligence. The Subcommittee on Military Construction shall 

9 be combined with the Subcommittee on Defense into 1 

10 subcommittee. 

11 (b) JURISDICTION.—The Subcommittee on Intel12 ligence of the Committee on Appropriations shall have ju13 risdiction over funding for intelligence matters. 

14 CHAPTER 3—EFFECTIVE DATE 

15 SEC. 271. EFFECTIVE DATE. 

16 This subtitle shall take effect on the convening of the 

17 110th Congress. 

18 Subtitle D—Declassification of 

19 Overall Intelligence Budget 

20 SEC. 281. AVAILABILITY TO PUBLIC OF CERTAIN INTEL21 LIGENCE FUNDING INFORMATION. 

22 (a) AMOUNTS REQUESTED EACH FISCAL YEAR.— 

23 The President shall disclose to the public for each fiscal 

24 year after fiscal year 2005— 


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1 (1) the aggregate amount of appropriations re2 quested in the budget of the President for the fiscal 

3 year concerned for the intelligence and intelligence4 related activities of the United States Government; 

5 and 

6 (2) the aggregate amount of appropriations re7 quested in the budget of the President for the fiscal 

8 year concerned for each element or component of the 

9 intelligence community. 

10 (b) AMOUNTS APPROPRIATED EACH FISCAL YEAR.— 

11 Congress shall disclose to the public for each fiscal year 

12 after fiscal year 2005— 

13 (1) the aggregate amount of funds appropriated 

14 by Congress for the fiscal year concerned for the in15 telligence and intelligence-related activities of the 

16 United States Government; and 

17 (2) the aggregate amount of funds appropriated 

18 by Congress for the fiscal year concerned for each 

19 element or component of the intelligence community. 

20 Subtitle E—Standardize Security 

21 Clearances 

22 SEC. 282. STANDARDIZATION OF SECURITY CLEARANCES. 

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

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

25 30 days thereafter, the Director of the Office of Personnel 


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1 Management, in consultation with the Director of Na2 tional Intelligence, the Secretary of Defense, and the Sec3 retary of Homeland Security, shall submit to the relevant 

4 congressional committees a report on the recommenda5 tions of the 9/11 Commission and the policy goals of sec6 tion 3001 of the Intelligence Reform and Terrorism Pre7 vention Act of 2004 (Public Law 108–458) with respect 

8 to security clearances, including with respect to uniform 

9 policies and procedures for the completion of security 

10 clearances and reciprocal recognition of such security 

11 clearances among agencies of the United States Govern12 ment. Such report shall include— 

13 (1) a certification by the Director of the Office 

14 of Personnel Management that such recommenda15 tions have been implemented and such policy goals 

16 have been achieved; or 

17 (2) if the Director of the Office of Personnel 

18 Management is unable to make the certification de19 scribed in paragraph (1), a description of— 

20 (A) the steps taken to implement such rec21 ommendations and achieve such policy goals; 

22 (B) when the Director of the Office of Per23 sonnel Management expects such recommenda24 tions to be implemented and such policy goals 

25 to be achieved; 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 Director of the Office of Personnel Management 

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

9 (c) GAO REVIEW OF CERTIFICATION.—If the Direc10 tor of the Office of Personnel Management submits a cer11 tification pursuant to subsection (a)(1), not later than 30 

12 days after the submission of such certification, the Comp13 troller General shall submit to the relevant congressional 

14 committees a report on whether the recommendations de15 scribed in subsection (a) have been implemented and 

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

17 been achieved. 

18 TITLE III—FOREIGN POLICY, 

19 PUBLIC DIPLOMACY, AND 

20 NONPROLIFERATION 

21 Subtitle A—Foreign Policy 

22 SEC. 301. ACTIONS TO ENSURE A LONG-TERM COMMIT23 MENT TO AFGHANISTAN. 

24 (a) SENSE OF CONGRESS.—It is the sense of Con25 gress that the Government of the United States— 


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1 (1) should give priority to providing assistance 

2 to Afghanistan to establish a substantial economic 

3 infrastructure and a sound economy; and 

4 (2) should continue to provide economic and de5 velopment assistance to Afghanistan, including as6 sistance to the Afghan National Army and the police 

7 forces and border police of Afghanistan. 

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

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

10 30 days thereafter, the President shall submit to the rel11 evant congressional committees a report on the rec12 ommendations of the 9/11 Commission and the policy 

13 goals of section 305 of of the Afghanistan Freedom Sup14 port Act of 2002 (22 U.S.C. 7555) (as added by section 

15 7104(e)(4)(A) of the Intelligence Reform and Terrorism 

16 Prevention Act of 2004 (Public Law 108–458)) for ensur17 ing a long-term commitment to Afghanistan. Such report 

18 shall include— 

19 (1) a certification by the President that such 

20 recommendations have been implemented and such 

21 policy goals have been achieved; or 

22 (2) if the President is unable to make the cer23 tification described in paragraph (1), a description 

24 of— 


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

3 (B) when the President 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 President considers nec8 essary to implement such recommendations and 

9 achieve such policy goals. 

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

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

12 when the President submits a certification pursuant to 

13 subsection (b)(1). 

14 (d) GAO REVIEW OF CERTIFICATION.—If the Presi15 dent submits a certification pursuant to subsection (b)(1), 

16 not later than 30 days after the submission of such certifi17 cation, the Comptroller General shall submit to the rel18 evant congressional committees a report on whether the 

19 recommendations described in subsection (b) has been im20 plemented and whether the policy goals described in sub21 section (b) have been achieved. 

22 (e) DEFINITION.—In this section, the term ‘‘relevant 

23 congressional committees’’ means— 


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1 (1) the Committee on International Relations 

2 and the Committee on Government Reform of the 

3 House of Representatives; and 

4 (2) the Committee on Foreign Relations and 

5 the Committee on Homeland Security and Govern6 mental Affairs of the Senate. 

7 SEC. 302. ACTIONS TO SUPPORT PAKISTAN AGAINST EX8 TREMISTS. 

9 (a) SENSE OF CONGRESS.—It is the sense of Con10 gress that— 

11 (1) the commitment of the President to provide 

12 $3 billion in assistance over the next five years to 

13 Pakistan should be commended; 

14 (2) the Government of the United States should 

15 provide assistance to Pakistan to improve Pakistan’s 

16 failing basic education system and to emphasize de17 velopment; and 

18 (3) the Government of the United States should 

19 strongly urge the Government of Pakistan to close 

20 Taliban-linked schools known as ‘‘madrassas’’, close 

21 terrorist training camps, and prevent Taliban forces 

22 from operating across the border between Pakistan 

23 and Afghanistan. 

24 (b) REPORT.—Not later than 90 days after the date 

25 of the enactment of this Act, the Secretary of State shall 


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1 submit to the Committee on International Relations of the 

2 House of Representatives and the Committee on Foreign 

3 Relations of the Senate a report on efforts by the Govern4 ment of Pakistan take the actions described in subsection 

5 (a)(3). 

6 SEC. 303. ACTIONS TO SUPPORT REFORM IN SAUDI ARABIA. 

7 (a) SENSE OF CONGRESS.—It is the sense of Con8 gress that— 

9 (1) the Government of the United States and 

10 the Government of Saudi Arabia should accelerate 

11 efforts to improve strategic dialogue between the two 

12 countries, increase exchange programs, and promote 

13 pragmatic reforms in Saudi Arabia; and 

14 (2) the Government of Saudi Arabia should 

15 take additional steps to regulate charities and pro16 mote tolerance and moderation. 

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

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

19 30 days thereafter, the Secretary of State shall submit to 

20 the relevant congressional committees a report on the rec21 ommendations of the 9/11 Commission and the policy 

22 goals of section 7105 of the Intelligence Reform and Ter23 rorism Prevention Act of 2004 (Public Law 108–458) for 

24 improving dialogue between the people and Government 

25 of the United States and the people and Government of 


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1 Saudi Arabia in order to improve the relationship between 

2 the two countries. Such report shall include— 

3 (1) a certification by the Secretary of State 

4 that such recommendations have been implemented 

5 and such policy goals have been achieved; or 

6 (2) if the Secretary of State 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 Secretary of State 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 Secretary of State con16 siders necessary to implement such rec17 ommendations and achieve such policy goals. 

18 (c) TERMINATION OF DUTY TO REPORT.—The duty 

19 to submit a report under subsection (b) shall terminate 

20 when the Secretary of State submits a certification pursu21 ant to subsection (b)(1). 

22 (d) GAO REVIEW OF CERTIFICATION.—If the Sec23 retary of State submits a certification pursuant to sub24 section (b)(1), not later than 30 days after the submission 

25 of such certification, the Comptroller General shall submit 


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1 to the relevant congressional committees a report on 

2 whether the recommendations described in subsection (b) 

3 have been implemented and whether the policy goals de4 scribed in subsection (b) have been achieved. 

5 (e) DEFINITION.—In this section, the term ‘‘relevant 

6 congressional committees’’ means— 

7 (1) the Committee on International Relations 

8 and the Committee on Government Reform of the 

9 House of Representatives; and 

10 (2) the Committee on Foreign Relations and 

11 the Committee on Homeland Security and Govern12 mental Affairs of the Senate. 

13 SEC. 304. ELIMINATION OF TERRORIST SANCTUARIES. 

14 (a) NATIONAL COUNTERTERRORISM CENTER IDEN15 TIFICATION OF TERRORIST SANCTUARIES.—Subsection 

16 (d) of section 119 of National Security Act of 1947 (50 

17 U.S.C. 404o) is amended by adding at the end the fol18 lowing new paragraph: 

19 ‘‘(7) To identify each country whose territory is 

20 being used as a sanctuary for terrorists or terrorist 

21 organizations and each country whose territory may 

22 potentially be used as a sanctuary for terrorists or 

23 terrorist organizations and to develop a comprehen24 sive strategy to eliminate terrorist sanctuaries.’’. 


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1 (b) REPORT.—Such section is further amended by 

2 adding at the end the following new subsection: 

3 ‘‘(k) REPORT ON TERRORIST SANCTUARIES.—Not 

4 later than 90 days after the date of the enactment of this 

5 Act, and annually thereafter, the Director of the National 

6 Counterterrorism Center shall submit to the Committee 

7 on International Relations, the Permanent Select Com8 mittee on Intelligence, the Committee on Homeland Secu9 rity, and the Committee on Government Reform of the 

10 House of Representatives and the Committee on Foreign 

11 Relations, the Select Committee on Intelligence, and the 

12 Committee on Homeland Security and Governmental Af13 fairs of the Senate a report on terrorist sanctuaries, in14 cluding a description of the— 

15 ‘‘(1) countries whose territory is being used as 

16 a sanctuary for terrorists or terrorist organizations; 

17 ‘‘(2) countries whose territory may potentially 

18 be used as a sanctuary for terrorists or terrorist or19 ganizations; 

20 ‘‘(3) strategy to eliminate each such sanctuary; 

21 and 

22 ‘‘(4) progress that has been made in accom23 plishing such strategy.’’. 


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1 SEC. 305. COMPREHENSIVE COALITION STRATEGY AGAINST 

2 ISLAMIST TERRORISM. 

3 (a) SENSE OF CONGRESS.—It is the sense of Con4 gress that the United States— 

5 (1) should continue to engage other countries in 

6 developing a comprehensive coalition strategy 

7 against Islamist terrorism; and 

8 (2) should use a broader approach to target the 

9 roots of terrorism, including developing strategies 

10 with other countries to encourage reform efforts in 

11 Saudi Arabia and Pakistan, improving educational 

12 and economic opportunities in Muslim countries, 

13 identifying and eliminating terrorist sanctuaries, and 

14 making progress in the Arab-Israeli peace process. 

15 (b) REPORT; CERTIFICATION.—Not later than 30 

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

17 30 days thereafter, the Secretary of State shall submit to 

18 the relevant congressional committees a report on the rec19 ommendations of the 9/11 Commission and the policy 

20 goals of section 7117 of the Intelligence Reform and Ter21 rorism Prevention Act of 2004 (Public Law 108–458) for 

22 engaging other countries in developing a comprehensive 

23 coalition strategy for combating terrorism. Such report 

24 shall 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 (c) TERMINATION OF DUTY TO REPORT.—The duty 

17 to submit a report under subsection (b) shall terminate 

18 when the Secretary of State submits a certification pursu19 ant to subsection (b)(1). 

20 (d) GAO REVIEW OF CERTIFICATION.—If the Sec21 retary of State submits a certification pursuant to sub22 section (b)(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 (b) 


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1 have been implemented and whether the policy goals de2 scribed in subsection (b) have been achieved. 

3 (e) 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. 306. STANDARDS FOR THE DETENTION AND HUMANE 

12 TREATMENT OF CAPTURED TERRORISTS. 

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 Secretary of State, in consultation 

16 with the Attorney General, shall submit to the relevant 

17 congressional committees a report on the recommenda18 tions of the 9/11 Commission for engaging United States 

19 allies to develop a common coalition approach toward the 

20 detention and humane treatment of captured terrorists 

21 and the policy goals of sections 1002, 1003, and 1005 of 

22 the Department of Defense, Emergency Supplemental Ap23 propriations to Address Hurricanes in the Gulf of Mexico, 

24 and Pandemic Influenza Act, 2006 (Public Law 109–148). 

25 Such report shall 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 the Committee on Armed Services, and the Com7 mittee on Government Reform of the House of Rep8 resentatives; and 

9 (2) the Committee on Foreign Relations, the 

10 Committee on Armed Services, and the Committee 

11 on Homeland Security and Governmental Affairs of 

12 the Senate. 

13 SEC. 307. USE OF ECONOMIC POLICIES TO COMBAT TER14 RORISM. 

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

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

17 30 days thereafter, the Secretary of State, in consultation 

18 with the United States Trade Representative, shall submit 

19 to the relevant congressional committees a report on the 

20 recommendations of the 9/11 Commission and the policy 

21 goals of section 7115 of the Intelligence Reform and Ter22 rorism Prevention Act of 2004 (Public Law 108–458) for 

23 developing economic policies to combat terrorism. Such re24 port shall 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, including 

4 a description of the extent to which the policy goals 

5 of paragraphs (1) through (4) of section 7115(b) of 

6 the Intelligence Reform and Terrorism Prevention 

7 Act of 2004 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 22:24 Mar 29, 2006 Jkt 049200 PO 00000 Frm 00169 Fmt 6652 Sfmt 6201 E:\BILLS\H5017.IH H5017

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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. 308. ACTIONS TO ENSURE VIGOROUS EFFORTS 

16 AGAINST TERRORIST FINANCING. 

17 (a) FINDINGS.—Congress finds the following: 

18 (1) Financial institutions have too little infor19 mation about money laundering and terrorist financ20 ing compliance in other markets. 

21 (2) The current Financial Action Task Force 

22 designation system does not adequately represent 

23 the progress countries are making in combatting 

24 money laundering. 


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1 (3) Lack of information about the compliance 

2 of countries with anti-money laundering standards 

3 exposes United States financial markets to excessive 

4 risk. 

5 (4) Failure to designate countries that fail to 

6 make progress in combatting terrorist financing and 

7 money laundering eliminates incentives for internal 

8 reform. 

9 (5) The Secretary of the Treasury has an af10 firmative duty to provide to financial institutions 

11 and examiners the best possible information on com12 pliance with anti-money laundering and terrorist fi13 nancing initiatives in other markets. 

14 (b) REPORT.—Not later than March 1 of each year, 

15 the Secretary of the Treasury shall submit to relevant con16 gressional committees a report that identifies the applica17 ble standards of each country against money laundering 

18 and states whether that country is a country of primary 

19 money laundering concern under section 5318A of title 31, 

20 United States Code. The report shall include— 

21 (1) information on the effectiveness of each 

22 country in meeting its standards against money 

23 laundering; 

24 (2) a determination of whether that the efforts 

25 of that country to combat money laundering and terVerDate Aug 31 2005 22:24 Mar 29, 2006 Jkt 049200 PO 00000 Frm 00171 Fmt 6652 Sfmt 6201 E:\BILLS\H5017.IH H5017

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1 rorist financing are adequate, improving, or inad2 equate; and 

3 (3) the efforts made by the Secretary to provide 

4 to the government of each such country of concern 

5 technical assistance to cease the activities that were 

6 the basis for the determination that the country was 

7 of primary money laundering concern. 

8 (c) DISSEMINATION OF INFORMATION IN REPORT.— 

9 The Secretary of the Treasury shall make available to the 

10 Federal Financial Institutions Examination Council for 

11 incorporation into the examination process, in consultation 

12 with Federal banking agencies, and to financial institu13 tions the information contained in the report submitted 

14 under subsection (b). Such information shall be made 

15 available to financial institutions without cost. 

16 (d) DEFINITIONS.—In this section: 

17 (1) FINANCIAL INSTITUTION.—The term ‘‘fi18 nancial institution’’ has the meaning given that term 

19 in section 5312(a)(2) of title 31, United States 

20 Code. 

21 (2) RELEVANT CONGRESSIONAL COMMIT22 TEES.—The term ‘‘relevant congressional commit23 tees’’ means— 

24 (A) the Committee on Financial Services, 

25 the Committee on Government Reform, and the 


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1 Committee on the Judiciary of the House of 

2 Representatives; and 

3 (B) the Committee on Banking, Housing, 

4 and Urban Affairs, the Committee on Home5 land Security and Governmental Affairs, and 

6 the Committee on the Judiciary of the Senate. 

7 Subtitle B—Public Diplomacy 

8 SEC. 311. PUBLIC DIPLOMACY RESPONSIBILITIES OF THE 

9 DEPARTMENT OF STATE AND PUBLIC DIPLO10 MACY TRAINING OF MEMBERS OF THE FOR11 EIGN SERVICE. 

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 Secretary of State shall submit to 

15 the relevant congressional committees a report on the rec16 ommendations of the 9/11 Commission and the policy 

17 goals of sections 7109 and 7110 the Intelligence Reform 

18 and Terrorism Prevention Act of 2004 (Public Law 108– 

19 458), and the amendments made by such sections, regard20 ing the public diplomacy responsibilities of the Depart21 ment of State and public diplomacy training of members 

22 of the Foreign Service. Such report shall include— 

23 (1) a certification by the Secretary of State 

24 that such recommendations have been implemented 

25 and such policy goals have been achieved; or 


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1 (2) if the Secretary of State is unable to make 

2 the certification described in paragraph (1), a de3 scription of— 

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

6 (B) when the Secretary of State expects 

7 such recommendations to be implemented and 

8 such policy goals to be achieved; and 

9 (C) any allocation of resources or other ac10 tions by Congress the Secretary of State con11 siders necessary to implement such rec12 ommendations and achieve such policy goals. 

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

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

15 when the Secretary of State submits a certification pursu16 ant to subsection (a)(1). 

17 (c) GAO REVIEW OF CERTIFICATION.—If the Sec18 retary of State submits a certification pursuant to sub19 section (a)(1), not later than 30 days after the submission 

20 of such certification, the Comptroller General shall submit 

21 to the relevant congressional committees a report on 

22 whether the recommendations described in subsection (a) 

23 have been implemented and whether the policy goals de24 scribed in subsection (a) have been achieved. 


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1 (d) DEFINITION.—In this section, the term ‘‘relevant 

2 congressional committees’’ means— 

3 (1) the Committee on International Relations 

4 and the Committee on Government Reform of the 

5 House of Representatives; and 

6 (2) the Committee on Foreign Relations and 

7 the Committee on Homeland Security and Govern8 mental Affairs of the Senate. 

9 SEC. 312. INTERNATIONAL BROADCASTING. 

10 (a) REPORT.—Not later than 90 days after the date 

11 of the enactment of this Act, the Broadcasting Board of 

12 Governors shall submit to the relevant congressional com13 mittees a report on— 

14 (1) the activities of Radio Sawa and Radio Al15 Hurra; and 

16 (2) the extent to which the activities of Radio 

17 Sawa and Radio Al-Hurra have been successful, in18 cluding an analysis of impact of the activities on the 

19 audience and audience demographics and whether or 

20 not funding is adequate to carry out the activities. 

21 (b) DEFINITION.—In this section, the term ‘‘relevant 

22 congressional committees’’ means— 

23 (1) the Committee on International Relations 

24 and the Committee on Government Reform of the 

25 House of Representatives; and 


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1 (2) the Committee on Foreign Relations and 

2 the Committee on Homeland Security and Govern3 mental Affairs of the Senate. 

4 SEC. 313. EXPANSION OF UNITED STATES SCHOLARSHIP, 

5 EXCHANGE, AND LIBRARY PROGRAMS IN THE 

6 ISLAMIC WORLD. 

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 Secretary of State shall submit to 

10 the relevant congressional committees a report on the rec11 ommendations of the 9/11 Commission and the policy 

12 goals of sections 7112 of the Intelligence Reform and Ter13 rorism Prevention Act of 2004 (Public Law 108–458) for 

14 expanding United States scholarship, exchange, and li15 brary programs in the Islamic world. Such report shall 

16 include— 

17 (1) a certification by the Secretary of State 

18 that such recommendations have been implemented 

19 and such policy goals have been achieved; or 

20 (2) if the Secretary of State is unable to make 

21 the certification described in paragraph (1), a de22 scription of— 

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


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1 (B) when the Secretary of State expects 

2 such recommendations to be implemented and 

3 such policy goals to be achieved; and 

4 (C) any allocation of resources or other ac5 tions by Congress the Secretary of State con6 siders necessary to implement such rec7 ommendations and 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 State submits a certification pursu11 ant to subsection (a)(1). 

12 (c) GAO REVIEW OF CERTIFICATION.—If the Sec13 retary of State submits a certification pursuant to sub14 section (a)(1), not later than 30 days after the submission 

15 of such certification, the Comptroller General shall submit 

16 to the relevant congressional committees a report on 

17 whether the recommendations described in subsection (a) 

18 have been implemented and whether the policy goals de19 scribed in subsection (a) have been achieved. 

20 (d) DEFINITION.—In this section, the term ‘‘relevant 

21 congressional committees’’ means— 

22 (1) the Committee on International Relations 

23 and the Committee on Government Reform of the 

24 House of Representatives; and 


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1 (2) the Committee on Foreign Relations and 

2 the Committee on Homeland Security and Govern3 mental Affairs of the Senate. 

4 SEC. 314. INTERNATIONAL YOUTH OPPORTUNITY FUND. 

5 (a) SENSE OF CONGRESS.—It is the sense of Con6 gress that— 

7 (1) the Middle East Partnership Initiative 

8 (MEPI) and the United States Agency for Inter9 national Development should be commended for ini10 tiating programs in predominantly Muslim countries 

11 to support secular education improvements and the 

12 teaching of English, including programs that focus 

13 on the education of women; 

14 (2) the secular education programs of MEPI 

15 and the United States Agency for International De16 velopment are a constructive start to answering the 

17 challenge of secular education in predominantly 

18 Muslim countries ; 

19 (3) the secular education programs of MEPI 

20 and the United States Agency for International De21 velopment should be components of an overall strat22 egy for educational assistance—itself one component 

23 of an overall United States strategy for 

24 counterterrorism—targeted where the need and the 


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1 benefit to the national security of the United States 

2 are greatest; and 

3 (4) upon formation of a broader strategy for 

4 international educational assistance targeted toward 

5 the Middle East, a significant increase in funding 

6 for these initiatives should be provided. 

7 (b) INTERNATIONAL YOUTH OPPORTUNITY FUND.— 

8 There are authorized to be appropriated to the Secretary 

9 of State $50,000,000 for each of the fiscal years 2007 and 

10 2008 to support the establishment of an International 

11 Youth Opportunity Fund pursuant to section 7114 of the 

12 Intelligence Reform and Terrorism Prevention Act of 

13 2004 (Public Law 108–458). 

14 Subtitle C—Nonproliferation 

15 SEC. 321. SHORT TITLE. 

16 This subtitle may be cited as the ‘‘Omnibus Non17 proliferation and Anti-Nuclear Terrorism Act of 2006’’. 

18 SEC. 322. FINDINGS. 

19 Congress finds the following: 

20 (1) LOOSE NUCLEAR WEAPONS AND MATERIALS

21 IN THE FORMER SOVIET UNION.— 

22 (A) There are in the world today enormous 

23 stockpiles of nuclear weapons and the materials 

24 required to make them. Counting materials 

25 both in assembled warheads and in other forms, 


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1 worldwide totals are estimated to encompass 

2 some 1,900 tons of highly enriched uranium 

3 (enough for 143,000 nuclear weapons) and 

4 1,855 tons of plutonium (enough for 330,000 

5 nuclear weapons). 

6 (B) The Russian Federation alone is esti7 mated to have over 1,000 tons of highly en8 riched uranium (enough for over 80,000 nuclear 

9 weapons) and 140 tons of plutonium (enough 

10 for over 30,000 nuclear weapons). 

11 (C) The United States has been working 

12 for over a decade to eliminate stockpiles of loose 

13 nuclear weapons and materials in the former 

14 Soviet Union, but the Department of Energy 

15 acknowledges that there is still a need to prop16 erly secure about 460 tons of weapons-usable 

17 Russian nuclear material (outside of warheads), 

18 enough for more than 35,000 nuclear weapons. 

19 (D) A recent report by the Central Intel20 ligence Agency faulted the security of nuclear 

21 arsenal facilities in the Russian Federation and 

22 assessed that ‘‘undetected smuggling has oc23 curred.’’ 

24 (E) There are at least 18 documented inci25 dents of ‘‘proliferation significant’’ fissile mateVerDate Aug 31 2005 22:24 Mar 29, 2006 Jkt 049200 PO 00000 Frm 00180 Fmt 6652 Sfmt 6201 E:\BILLS\H5017.IH H5017

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1 rial trafficking from facilities in the former So2 viet Union between 1991 and 2001. In one inci3 dent in 1998, an inside conspiracy at a Russian 

4 nuclear weapons facility attempted to steal 18.5 

5 kilograms of highly enriched uranium. In an6 other incident, 2 kilograms of highly enriched 

7 uranium taken from a research facility in 

8 Sukhumi, Georgia, has never been recovered. 

9 (F) In May 1994, German police found a 

10 small but worrisome quantity of supergrade 

11 plutonium in the garage of Adolf Jackle. Ex12 tremely expensive to produce, this rare item 

13 was likely stolen from one of Russia’s two pre14 mier nuclear weapons laboratories. 

15 (G) Comprehensive security upgrades are 

16 not yet completed at 90 percent of Russian nu17 clear warhead bunkers for Russia’s Strategic 

18 Rocket Forces. 

19 (H) Border security in the former Soviet 

20 Union is inconsistent at best. Existing infra21 structure helps at the outer borders of the 

22 former Soviet Union but many borders internal 

23 to the former Soviet Union, such as the border 

24 between Kazakhstan and the Russian Federa25 tion, exist only on a map. 


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1 (2) LOOSE NUCLEAR MATERIALS AROUND THE

2 GLOBE.— 

3 (A) Dangerous caches of weapons-usable 

4 nuclear materials, much of it poorly secured 

5 and vulnerable to theft, exist in a multitude of 

6 facilities around the world. For example, there 

7 are over 130 research reactors in over 40 coun8 tries that house highly enriched uranium, some 

9 with enough to manufacture an atomic bomb. 

10 In total, about 40 tons of highly enriched ura11 nium, enough for over 1,000 nuclear weapons, 

12 is estimated to remain in civilian research reac13 tors. 

14 (B) Over the last 50 years, the United 

15 States is known to have exported about 27.5 

16 tons of highly enriched uranium to 43 countries 

17 to help develop nuclear power production or bol18 ster scientific initiatives. In 1996, the United 

19 States began an effort to recover the more than 

20 17.5 tons of the nuclear material that was still 

21 overseas, but has recovered only about 1 ton, 

22 according to the Department of Energy and the 

23 Government Accountability Office. 

24 (C) It is especially important to keep high25 ly enriched uranium out of terrorists’ hands beVerDate Aug 31 2005 22:24 Mar 29, 2006 Jkt 049200 PO 00000 Frm 00182 Fmt 6652 Sfmt 6201 E:\BILLS\H5017.IH H5017

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1 cause, with minimal expertise, they could use it 

2 to make the simplest, gun-type nuclear weap3 on—a device in which a high explosive is used 

4 to blow one subcritical piece of highly enriched 

5 uranium from one end of a tube into another 

6 subcritical piece held at the opposite end of the 

7 tube. 

8 (D) To Osama bin Laden, acquiring weap9 ons of mass destruction is a ‘‘religious duty’’. 

10 Al Qaeda and more than two dozen other ter11 rorist groups are pursuing capability to use 

12 weapons of mass destruction. 

13 (E) Osama bin Laden’s press spokesman, 

14 Sulaiman Abu Ghaith, has announced that the 

15 group aspires ‘‘to kill 4 million Americans, in16 cluding 1 million children,’’ in response to cas17 ualties supposedly inflicted on Muslims by the 

18 United States and Israel. 

19 (F) Al Qaeda documents recovered in Af20 ghanistan reveal a determined research effort 

21 focused on nuclear weapons. 

22 (3) SECURITY STANDARDS FOR ALL NUCLEAR

23 WEAPONS AND MATERIALS.— 


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1 (A) There are no international binding 

2 standards for the secure handling and storage 

3 of nuclear weapons and materials. 

4 (B) Making a nuclear weapon requires only 

5 4 to 5 kilograms of plutonium or 12 to 15 kilo6 grams of highly enriched uranium. 

7 (C) In October 2001, the United States 

8 Government became very concerned that Al 

9 Qaeda may have smuggled a 10-kiloton Russian 

10 nuclear warhead into New York City. If placed 

11 in lower Manhattan, such a device would prob12 ably kill 100,000 people instantly, seriously in13 jure tens of thousands more, and render the en14 tire area uninhabitable for decades to come. 

15 (4) RUSSIA’S NUCLEAR EXPERTISE.— 

16 (A) Employment at the large nuclear facili17 ties in the Russian Federation’s 10 closed nu18 clear cities is estimated to be in the range of 

19 120,000 to 130,000 people, of whom approxi20 mately 75,000 were employed on nuclear weap21 ons-related work. 

22 (B) Poor wages and living conditions in 

23 Russian ‘‘nuclear cities’’ have inspired protests 

24 and strikes among the employees working in 

25 them. 


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1 (C) Insiders have been caught attempting 

2 to smuggle nuclear materials out of these facili3 ties, presumably to sell on the lucrative black 

4 market. 

5 SEC. 323. ESTABLISHMENT OF OFFICE OF NONPROLIFERA6 TION PROGRAMS IN THE EXECUTIVE OFFICE 

7 OF THE PRESIDENT. 

8 (a) ESTABLISHMENT.—There is established in the 

9 Executive Office of the President an Office of Non10 proliferation Programs (in this section referred to as the 

11 ‘‘Office’’). 

12 (b) DIRECTOR; ASSOCIATE DIRECTORS.—There shall 

13 be at the head of the Office a Director who shall be ap14 pointed by the President, by and with the advice and con15 sent of the Senate, and who shall be compensated at the 

16 rate provided for level II of the Executive Schedule in sec17 tion 5313 of title 5. The President is authorized to appoint 

18 not more than four Associate Directors, by and with the 

19 advice and consent of the Senate, who shall be com20 pensated at a rate not to exceed that provided for level 

21 III of the Executive Schedule in section 5314 of such title. 

22 Associate Directors shall perform such functions as the 

23 Director may prescribe. 

24 (c) PRIMARY FUNCTIONS OF DIRECTOR.— 


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1 (1) IN GENERAL.—The primary function of the 

2 Director is to coordinate and lead— 

3 (A) efforts by the United States to curb 

4 terrorist access to nuclear technology, mate5 rials, or expertise; and 

6 (B) other United States nonproliferation 

7 activities, including nuclear nonproliferation ac8 tivities and activities to counter other weapons 

9 of mass destruction. 

10 (2) SPECIFIC FUNCTIONS.—In addition to such 

11 other functions and activities as the President may 

12 assign, the Director shall— 

13 (A) advise the President, and others within 

14 the Executive Office of the President, on the 

15 role and effect of such nonproliferation activi16 ties on national security and international rela17 tions; 

18 (B) lead the development and implementa19 tion of a plan (including appropriate budgets, 

20 other resources, goals, and metrics for assessing 

21 progress) to ensure that all the highest-priority 

22 actions to prevent terrorists from getting and 

23 using nuclear weapons are taken in the shortest 

24 possible time, including but not limited to a 

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1 clear warhead and every kilogram of weapons2 usable nuclear material worldwide is secured 

3 and accounted for, to standards sufficient to de4 feat demonstrated terrorist and criminal 

5 threats, as rapidly as that objective can be ac6 complished; 

7 (C) identify obstacles to accelerating and 

8 strengthening efforts to prevent terrorists from 

9 getting and using nuclear weapons, and raise 

10 approaches to overcoming these obstacles for 

11 action by the President or other appropriate of12 ficials; 

13 (D) lead an effort, to be carried out jointly 

14 by the various Federal agencies responsible for 

15 carrying out such nonproliferation activities, to 

16 establish priorities among those activities and 

17 to develop and implement strategies and budg18 ets that reflect those priorities; 

19 (E) build strong partnerships with respect 

20 to such nonproliferation activities among Fed21 eral, State, and local governments, foreign gov22 ernments, international organizations, and non23 governmental organizations; and 

24 (F) evaluate the scale, quality, and effec25 tiveness of the Federal effort with respect to 


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1 such nonproliferation activities and advise on 

2 appropriate actions. 

3 SEC. 324. REMOVAL OF RESTRICTIONS ON COOPERATIVE 

4 THREAT REDUCTION PROGRAMS. 

5 (a) REPEAL OF RESTRICTIONS.— 

6 (1) RESTRICTIONS ON ASSISTANCE IN DE7 STROYING FORMER SOVIET WEAPONS.—Section 

8 211(b) of the Soviet Nuclear Threat Reduction Act 

9 of 1991 (22 U.S.C. 2551 note) is repealed. 

10 (2) RESTRICTIONS ON AUTHORITY TO CARRY

11 OUT CTR PROGRAMS.—Section 1203(d) of the Coop12 erative Threat Reduction Act of 1993 (title XII of 

13 Public Law 103–160; 22 U.S.C. 5952(d)) is re14 pealed. 

15 (3) LIMITATION ON USE OF FUNDS FOR CHEM16 ICAL WEAPONS DESTRUCTION.—Section 1305 of the 

17 National Defense Authorization Act for Fiscal Year 

18 2000 (22 U.S.C. 5952 note) is repealed. 

19 (b) EXEMPTION FROM LIMITATIONS.—Cooperative 

20 Threat Reduction programs may be carried out notwith21 standing any other provision of law, subject to congres22 sional notification and reporting requirements that apply 

23 to the use of funds available for Cooperative Threat Re24 duction programs or the carrying out of projects or activi25 ties under such programs. 


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1 (c) INAPPLICABILITY OF OTHER RESTRICTIONS.— 

2 Section 502 of the Freedom for Russia and Emerging 

3 Eurasian Democracies and Open Markets Support Act of 

4 1992 (22 U.S.C. 5852) shall not apply to any Cooperative 

5 Threat Reduction program. 

6 SEC. 325. REMOVAL OF RESTRICTIONS ON DEPARTMENT 

7 OF ENERGY NONPROLIFERATION PROGRAMS. 

8 Section 4301 of the Atomic Energy Defense Act (50 

9 U.S.C. 2561) is repealed. 

10 SEC. 326. MODIFICATIONS OF AUTHORITY TO USE COOPER11 ATIVE THREAT REDUCTION PROGRAM FUNDS 

12 OUTSIDE THE FORMER SOVIET UNION. 

13 Section 1308 of the National Defense Authorization 

14 Act for Fiscal Year 2004 (Public Law 108–136; 117 Stat. 

15 1662; 22 U.S.C. 5963) is amended— 

16 (1) by striking ‘‘President’’ each place it ap17 pears and inserting ‘‘Secretary of Defense’’; 

18 (2) in subsection (a), by striking ‘‘each of the 

19 following’’ and all that follows through the period at 

20 the end and inserting the following: ‘‘that such 

21 project or activity will— 

22 ‘‘(1) assist the United States in the resolution 

23 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. 327. MODIFICATIONS OF AUTHORITY TO USE INTER8 NATIONAL NUCLEAR MATERIALS PROTEC9 TION AND COOPERATION PROGRAM FUNDS 

10 OUTSIDE THE FORMER SOVIET UNION. 

11 Section 3124 of the National Defense Authorization 

12 Act for Fiscal Year 2004 (Public Law 108–136; 117 Stat. 

13 1747) is amended— 

14 (1) by striking ‘‘President’’ each place it ap15 pears and inserting ‘‘Secretary of Energy’’; 

16 (2) in subsection (a), by striking ‘‘each of the 

17 following’’ and all that follows through the period at 

18 the end and inserting the following: ‘‘that such 

19 project or activity will— 

20 ‘‘(1) assist the United States in the resolution 

21 of a critical emerging proliferation threat; or 

22 ‘‘(2) permit the United States to take advan23 tage of opportunities to achieve long-standing non24 proliferation goals.’’; 

25 (3) by striking subsections (c) and (d); and 


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1 (4) by redesignating subsection (e) as sub2 section (c). 

3 SEC. 328. SPECIAL REPORTS ON ADHERENCE TO ARMS 

4 CONTROL AGREEMENTS AND NON5 PROLIFERATION COMMITMENTS. 

6 (a) REPORTS REQUIRED.—At least annually, the 

7 Secretary of State shall submit to the appropriate congres8 sional committees a report on each country in which a Co9 operative Threat Reduction program is being carried out. 

10 The report shall describe that country’s commitments to— 

11 (1) making substantial national investments in 

12 infrastructure to secure, safeguard, and destroy 

13 weapons of mass destruction; 

14 (2) forgoing any military modernization exceed15 ing legitimate defense requirements, including re16 placement of weapons of mass destruction; 

17 (3) forgoing any use of fissionable materials or 

18 any other components of deactivated nuclear weap19 ons in a new nuclear weapons program; 

20 (4) complying with all relevant arms control 

21 agreements; 

22 (5) adopting and enforcing national and inter23 national export controls over munitions and dual-use 

24 items; and 


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1 (6) facilitating the verification by the United 

2 States and international community of that coun3 try’s compliance with such commitments. 

4 (b) FORM.—The report required under subsection (a) 

5 may be submitted with the report required under section 

6 403 of the Arms Control and Disarmament Act (22 

7 U.S.C. 2593a). 

8 SEC. 329. PRESIDENTIAL REPORT ON IMPEDIMENTS TO 

9 CERTAIN NONPROLIFERATION ACTIVITIES. 

10 Not later than 90 days after the date of the enact11 ment of this Act, the President shall submit to the appro12 priate congressional committees a report identifying im13 pediments (including liability concerns, taxation issues, ac14 cess rights, and other impediments) to— 

15 (1) the ongoing renegotiation of the umbrella 

16 agreement relating to Cooperative Threat Reduction; 

17 and 

18 (2) the ongoing negotiations for the implemen19 tation of the Plutonium Disposition Program, the 

20 Nuclear Cities Initiative, and other defense nuclear 

21 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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