II 

110TH CONGRESS 

1ST SESSION S. 328 

To ensure the implementation of the recommendations of the National 

Commission on Terrorist Attacks Upon the United States. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 17, 2007 

Mr. MENENDEZ (for himself and Mr. LAUTENBERG) introduced the following 

bill; which was read twice and referred to the Committee on Foreign Relations 

A BILL 

To ensure the implementation of the recommendations of 

the National Commission on Terrorist Attacks Upon the 

United States. 

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

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

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

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definition; 9/11 Commission. 


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TITLE I—HOMELAND SECURITY, EMERGENCY PREPAREDNESS 

AND RESPONSE 

Subtitle A—Emergency Preparedness and Response 

CHAPTER 1—EMERGENCY PREPAREDNESS

Sec. 101. Adequate radio spectrum for First Responders. 

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

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

vulnerabilities assessment. 

Sec. 104. Private sector preparedness. 

Sec. 105. Relevant congressional committees defined. 

CHAPTER 2—ASSISTANCE FOR FIRST RESPONDERS

Sec. 111. Short title. 

Sec. 112. Findings. 

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

Sec. 114. Superseded provision. 

Sec. 115. Oversight. 

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

responder training. 

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

equipment to volunteer fire companies. 

Subtitle B—Transportation Security 

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

Sec. 122. Report on airline passenger prescreening. 

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

Sec. 124. Report on comprehensive screening program. 

Sec. 125. Relevant congressional committees defined. 

Subtitle C—Border Security 

Sec. 131. Counterterrorist travel intelligence. 

Sec. 132. Comprehensive screening system. 

Sec. 133. Biometric entry and exit data system. 

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

Sec. 135. Standardization of secure identification. 

Sec. 136. Security enhancements for social security cards. 

TITLE II—REFORMING THE INSTITUTIONS OF GOVERNMENT 

Subtitle A—Intelligence Community 

Sec. 201. Report on Director of National Intelligence. 

Sec. 202. Report on National Counterterrorism Center. 

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

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

Agency. 

Sec. 205. Report on incentives for information sharing. 

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

the information revolution. 

Sec. 207. Homeland airspace defense. 


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Sec. 208. Semiannual Report on plans and strategies of United States Northern Command for defense of the United States homeland. 

Sec. 209. Relevant congressional committees defined. 

Subtitle B—Civil Liberties and Executive Power 

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

Sec. 212. Privacy and Civil Liberties Oversight Board. 

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

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

Subtitle C—Homeland Security Committees 

CHAPTER 1—HOMELAND SECURITY OVERSIGHT REFORM IN THE SENATE

SUBCHAPTER A—INTELLIGENCE OVERSIGHT REFORM

Sec. 221. Intelligence oversight. 

SUBCHAPTER B—COMMITTEE STATUS

Sec. 231. Committee status. 

SUBCHAPTER C—INTELLIGENCE-RELATED SUBCOMMITTEES

Sec. 241. Subcommittee related to intelligence oversight. 

Sec. 242. Subcommittee related to intelligence appropriations. 

CHAPTER 2—EFFECTIVE DATE

Sec. 261. Effective date. 

Subtitle D—Declassification of Overall Intelligence Budget 

Sec. 271. Availability to public of certain intelligence funding information. 

Subtitle E—Standardize Security Clearances 

Sec. 282. Standardization of security clearances. 

TITLE III—FOREIGN POLICY, PUBLIC DIPLOMACY, AND 

NONPROLIFERATION 

Subtitle A—Foreign Policy 

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

Sec. 302. Actions to support Pakistan against extremists. 

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. 


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Sec. 312. International broadcasting. 

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

Sec. 314. International Youth Opportunity Fund. 

Subtitle C—Nonproliferation 

Sec. 321. Short title. 

Sec. 322. Findings. 

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

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

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

programs. 

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

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

Protection and Cooperation program funds outside the former 

Soviet Union. 

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

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

Sec. 330. Enhancement of Global Threat Reduction Initiative. 

Sec. 331. Expansion of Proliferation Security Initiative. 

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

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

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

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

mass destruction expertise. 

Sec. 336. Strengthening the Nuclear Nonproliferation Treaty. 

Sec. 337. Definitions. 

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

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

3 National Commission on Terrorist Attacks Upon the 

4 United States. 


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1 TITLE I—HOMELAND SECURITY, 

2 EMERGENCY PREPAREDNESS 

3 AND RESPONSE 

4 Subtitle A—Emergency 

5 Preparedness and Response 

6 CHAPTER 1—EMERGENCY 

7 PREPAREDNESS 

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

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

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

12 ‘‘HERO Act’’. 

13 (b) PREVENTION OF DELAY IN REASSIGNMENT OF

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

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

17 following new subparagraph: 

18 ‘‘(D) EXTENSIONS NOT PERMITTED FOR

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

20 PUBLIC SAFETY SERVICES.—Notwithstanding 

21 subparagraph (B), the Commission shall not 

22 grant any extension under such subparagraph 

23 from the limitation of subparagraph (A) with 

24 respect to the frequencies assigned, pursuant to 

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


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1 The Commission shall take all actions necessary 

2 to complete assignment of the electromagnetic 

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

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

7 frequencies commencing not later than Decem8 ber 31, 2007.’’. 

9 SEC. 102. REPORT ON ESTABLISHING A UNIFIED INCIDENT 

10 COMMAND SYSTEM. 

11 (a) REPORT; CERTIFICATION.— 

12 (1) IN GENERAL.—Not later than 30 days after 

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

14 thereafter, the Secretary of Homeland Security shall 

15 submit to the relevant congressional committees a 

16 report on the recommendations of the 9/11 Commis17 sion and the policy goals of the Intelligence Reform 

18 and Terrorism Prevention Act of 2004 (Public Law 

19 108–458) with respect to establishing a unified inci20 dent command system. 

21 (2) CONTENTS.—Each report submitted under 

22 paragraph (1) shall include— 

23 (A) a certification by the Secretary of 

24 Homeland Security that such recommendations 


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1 have been implemented and such policy goals 

2 have been achieved; or 

3 (B) if the Secretary of Homeland Security 

4 is unable to make the certification described in 

5 subparagraph (A), a description of— 

6 (i) the steps taken to implement such 

7 recommendations and achieve such policy 

8 goals; 

9 (ii) when the Secretary of Homeland 

10 Security expects such recommendations to 

11 be implemented and such policy goals to be 

12 achieved; and 

13 (iii) any allocation of resources or 

14 other actions by Congress the Director 

15 considers necessary to implement such rec16 ommendations and achieve such policy 

17 goals. 

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

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

20 when the Secretary of Homeland Security submits a cer21 tification pursuant to subsection (a)(2)(A). 

22 (c) GAO REVIEW OF CERTIFICATION.—If the Sec23 retary of Homeland Security submits a certification pursu24 ant to subsection (a)(2)(A), not later than 30 days after 

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1 eral shall submit to the relevant congressional committees 

2 a report on whether the recommendations described in 

3 subsection (a) have been implemented and whether the 

4 policy goals described in subsection (a) have been 

5 achieved. 

6 SEC. 103. REPORT ON COMPLETING A NATIONAL CRITICAL 

7 INFRASTRUCTURE RISK AND 

8 VULNERABILITIES ASSESSMENT. 

9 (a) REPORT; CERTIFICATION.— 

10 (1) IN GENERAL.—Not later than 30 days after 

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

12 thereafter, the Secretary of Homeland Security shall 

13 submit to the relevant congressional committees a 

14 report on the recommendations of the 9/11 Commis15 sion and the policy goals of the Intelligence Reform 

16 and Terrorism Prevention Act of 2004 (Public Law 

17 108–458) with respect to completing a national crit18 ical infrastructure risk and vulnerabilities assess19 ment. 

20 (2) CONTENTS.—Each report submitted under 

21 paragraph (1) shall include— 

22 (A) a certification by the Secretary of 

23 Homeland Security that such recommendations 

24 have been implemented and such policy goals 

25 have been achieved; or 


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1 (B) if the Secretary of Homeland Security 

2 is unable to make the certification described in 

3 subparagraph (A), a description of— 

4 (i) the steps taken to implement such 

5 recommendations and achieve such policy 

6 goals; 

7 (ii) when the Secretary of Homeland 

8 Security expects such recommendations to 

9 be implemented and such policy goals to be 

10 achieved; and 

11 (iii) any allocation of resources or 

12 other actions by Congress the Director 

13 considers necessary to implement such rec14 ommendations and achieve such policy 

15 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)(2)(A). 

20 (c) GAO REVIEW OF CERTIFICATION.—If the Sec21 retary of Homeland Security submits a certification pursu22 ant to subsection (a)(2)(A), not later than 30 days after 

23 the submission of such certification, the Comptroller Gen24 eral shall submit to the relevant congressional committees 

25 a report on whether the recommendations described in 


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1 subsection (a) have been implemented and whether the 

2 policy goals described in subsection (a) have been 

3 achieved. 

4 SEC. 104. PRIVATE SECTOR PREPAREDNESS. 

5 Not later than 90 days after the date of enactment 

6 of this Act, the Comptroller General of the United States 

7 shall submit to Congress— 

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

9 enhance private sector preparedness for terrorist at10 tack; and 

11 (2) recommendations of any additional congres12 sional action or administrative action that is nec13 essary to enhance such preparedness. 

14 SEC. 105. RELEVANT CONGRESSIONAL COMMITTEES DE15 FINED. 

16 In this chapter, the term ‘‘relevant congressional 

17 committees’’ means the Committee on Homeland Security, 

18 the Committee on Oversight and Government Reform, and 

19 the Committee on Transportation and Infrastructure of 

20 the House of Representatives and the Committee on 

21 Homeland Security and Government Affairs and the Com22 mittee on Environment and Public Works of the Senate. 


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1 CHAPTER 2—ASSISTANCE FOR FIRST 

2 RESPONDERS 

3 SEC. 111. SHORT TITLE. 

4 This chapter may be cited as the ‘‘Faster and Smart5 er Funding for First Responders Act of 2005’’. 

6 SEC. 112. FINDINGS. 

7 The Congress finds the following: 

8 (1) In order to achieve its objective of pre9 venting, minimizing the damage from, and assisting 

10 in the recovery from terrorist attacks, the Depart11 ment of Homeland Security must play a leading role 

12 in assisting communities to reach the level of pre13 paredness they need to prevent and respond to a ter14 rorist attack. 

15 (2) First responder funding is not reaching the 

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

17 quickly enough, and sometimes not at all. 

18 (3) To reform the current bureaucratic process 

19 so that homeland security dollars reach the first re20 sponders who need it most, it is necessary to clarify 

21 and consolidate the authority and procedures of the 

22 Department of Homeland Security that support first 

23 responders. 

24 (4) Ensuring adequate resources for the new 

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1 grading the ability to address effectively other types 

2 of major disasters and emergencies, requires a dis3 crete and separate grant making process for home4 land security funds for first response to terrorist 

5 acts, on the one hand, and for first responder pro6 grams designed to meet pre-September 11 priorities, 

7 on the other. 

8 (5) While a discrete homeland security grant 

9 making process is necessary to ensure proper focus 

10 on the unique aspects of terrorism preparedness, it 

11 is essential that State and local strategies for uti12 lizing such grants be integrated, to the greatest ex13 tent practicable, with existing State and local emer14 gency management plans. 

15 (6) Homeland security grants to first respond16 ers must be based on the best intelligence con17 cerning the capabilities and intentions of our ter18 rorist enemies, and that intelligence must be used to 

19 target resources to the Nation’s greatest threats, 

20 vulnerabilities, and consequences. 

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

22 be improved by sharing resources, training, plan23 ning, personnel, and equipment among neighboring 

24 jurisdictions through mutual aid agreements and re25 gional cooperation. Such regional cooperation should 


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1 be supported, where appropriate, through direct 

2 grants from the Department of Homeland Security. 

3 (8) An essential prerequisite to achieving the 

4 Nation’s homeland security objectives for first re5 sponders is the establishment of well-defined na6 tional goals for terrorism preparedness. These goals 

7 should delineate the essential capabilities that every 

8 jurisdiction in the United States should possess or 

9 to which it should have access. 

10 (9) A national determination of essential capa11 bilities is needed to identify levels of State and local 

12 government terrorism preparedness, to determine 

13 the nature and extent of State and local first re14 sponder needs, to identify the human and financial 

15 resources required to fulfill them, to direct funding 

16 to meet those needs, and to measure preparedness 

17 levels on a national scale. 

18 (10) To facilitate progress in achieving, main19 taining, and enhancing essential capabilities for 

20 State and local first responders, the Department of 

21 Homeland Security should seek to allocate homeland 

22 security funding for first responders to meet nation23 wide needs. 

24 (11) Private sector resources and citizen volun25 teers can perform critical functions in assisting in 


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1 preventing and responding to terrorist attacks, and 

2 should be integrated into State and local planning 

3 efforts to ensure that their capabilities and roles are 

4 understood, so as to provide enhanced State and 

5 local operational capability and surge capacity. 

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

7 partnerships between the Business Executives for 

8 National Security and the States of New Jersey and 

9 Georgia, can be useful to identify and coordinate pri10 vate sector support for State and local first respond11 ers. Such models should be expanded to cover all 

12 States and territories. 

13 (13) An important aspect of terrorism pre14 paredness is measurability, so that it is possible to 

15 determine how prepared a State or local government 

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

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

18 against, and recover from acts of terrorism. 

19 (14) The Department of Homeland Security 

20 should establish, publish, and regularly update na21 tional voluntary consensus standards for both equip22 ment and training, in cooperation with both public 

23 and private sector standard setting organizations, to 

24 assist State and local governments in obtaining the 

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1 bilities for first response to acts of terrorism, and to 

2 ensure that first responder funds are spent wisely. 

3 SEC. 113. FASTER AND SMARTER FUNDING FOR FIRST RE4 SPONDERS. 

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

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

7 amended by adding at the end the following: 

8 ‘‘TITLE XX—FUNDING FOR FIRST 

9 RESPONDERS 

10 ‘‘SEC. 2001. DEFINITIONS. 

11 ‘‘In this title: 

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

13 First Responder Grants Board established under 

14 section 2004. 

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

16 grant’ means any grant to which this title applies 

17 under section 2002. 

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

19 ‘directly eligible tribe’ means any Indian tribe or 

20 consortium of Indian tribes that— 

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

22 qualified applicant pool for Self-Governance 

23 that are set forth in section 402(c) of the In24 dian Self-Determination and Education Assist25 ance Act (25 U.S.C. 458bb(c)); 


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1 ‘‘(B) employs at least 10 full-time per2 sonnel in a law enforcement or emergency re3 sponse agency with the capacity to respond to 

4 calls for law enforcement or emergency services; 

5 and 

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

7 an international border or waterway; 

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

9 designated as high-risk critical infrastructure 

10 by the Secretary; 

11 ‘‘(iii) is located within or contiguous to 1 

12 of the 50 largest metropolitan statistical areas 

13 in the United States; or 

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

15 Indian country, as that term is defined in sec16 tion 1151 of title 18, United States Code. 

17 ‘‘(4) ELEVATIONS IN THE THREAT ALERT

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

19 level’ means any designation (including those that 

20 are less than national in scope) that raises the 

21 homeland security threat level to either the highest 

22 or second highest threat level under the Homeland 

23 Security Advisory System referred to in section 

24 201(d)(7). 


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

2 ‘emergency preparedness’ has the meaning given 

3 that term in section 602 of the Robert T. Stafford 

4 Disaster Relief and Emergency Assistance Act (42 

5 U.S.C. 5195a). 

6 ‘‘(6) ESSENTIAL CAPABILITIES.—The term ‘es7 sential capabilities’ means the levels, availability, 

8 and competence of emergency personnel, planning, 

9 training, and equipment across a variety of dis10 ciplines needed to effectively and efficiently prevent, 

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

12 terrorism consistent with established practices. 

13 ‘‘(7) FIRST RESPONDER.—The term ‘first re14 sponder’ shall have the same meaning as the term 

15 ‘emergency response provider’. 

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

17 means any Indian tribe, band, nation, or other orga18 nized group or community, including any Alaskan 

19 Native village or regional or village corporation as 

20 defined in or established pursuant to the Alaskan 

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

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

23 programs and services provided by the United States 

24 to Indians because of their status as Indians. 

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


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

2 or parts of 2 or more contiguous States, coun3 ties, municipalities, or other local governments 

4 that have a combined population of at least 

5 1,650,000 or have an area of not less than 

6 20,000 square miles, and that, for purposes of 

7 an application for a covered grant, is rep8 resented by 1 or more governments or govern9 mental agencies within such geographic area, 

10 and that is established by law or by agreement 

11 of 2 or more such governments or governmental 

12 agencies in a mutual aid agreement; or 

13 ‘‘(B) any other combination of contiguous 

14 local government units (including such a com15 bination established by law or agreement of 2 

16 or more governments or governmental agencies 

17 in a mutual aid agreement) that is formally cer18 tified by the Secretary as a region for purposes 

19 of this title with the consent of— 

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

21 are located, including a multi-State entity 

22 established by a compact between 2 or 

23 more States; and 


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1 ‘‘(ii) the incorporated municipalities, 

2 counties, and parishes that they encom3 pass. 

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

5 means the Task Force on Terrorism Preparedness 

6 for First Responders established under section 2005. 

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

8 ‘terrorism preparedness’ means any activity designed 

9 to improve the ability to prevent, prepare for, re10 spond to, mitigate against, or recover from threat11 ened or actual terrorist attacks. 

12 ‘‘SEC. 2002. FASTER AND SMARTER FUNDING FOR FIRST RE13 SPONDERS. 

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

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

16 eligible tribes for the primary purpose of improving the 

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

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

19 terrorist attacks, especially those involving weapons of 

20 mass destruction, administered under the following: 

21 ‘‘(1) STATE HOMELAND SECURITY GRANT PRO22 GRAM.—The State Homeland Security Grant Pro23 gram of the Department, or any successor to such 

24 grant program. 


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

2 Urban Area Security Initiative of the Department, 

3 or any successor to such grant program. 

4 ‘‘(3) LAW ENFORCEMENT TERRORISM PREVEN5 TION PROGRAM.—The Law Enforcement Terrorism 

6 Prevention Program of the Department, or any suc7 cessor to such grant program. 

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

9 apply to or otherwise affect the following Federal grant 

10 programs or any grant under such a program: 

11 ‘‘(1) NONDEPARTMENT PROGRAMS.—Any Fed12 eral grant program that is not administered by the 

13 Department. 

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

15 programs authorized by sections 33 and 34 of the 

16 Federal Fire Prevention and Control Act of 1974 

17 (15 U.S.C. 2229, 2229a). 

18 ‘‘(3) EMERGENCY MANAGEMENT PLANNING

19 AND ASSISTANCE ACCOUNT GRANTS.—The Emer20 gency Management Performance Grant program and 

21 the Urban Search and Rescue Grants program au22 thorized by title VI of the Robert T. Stafford Dis23 aster Relief and Emergency Assistance Act (42 

24 U.S.C. 5195 et seq.), the Departments of Veterans 

25 Affairs and Housing and Urban Development, and 


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1 Independent Agencies Appropriations Act, 2000 

2 (113 Stat. 1047 et seq.), and the Earthquake Haz3 ards Reduction Act of 1977 (42 U.S.C. 7701 et 

4 seq.). 

5 ‘‘SEC. 2003. COVERED GRANT ELIGIBILITY AND CRITERIA. 

6 ‘‘(a) GRANT ELIGIBILITY.—Any State, region, or di7 rectly eligible tribe shall be eligible to apply for a covered 

8 grant. 

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

10 covered grants to assist States and local governments in 

11 achieving, maintaining, and enhancing the essential capa12 bilities for terrorism preparedness established by the Sec13 retary. 

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

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

16 shall require that any State applying to the Sec17 retary for a covered grant shall submit to the Sec18 retary a 3-year State homeland security plan that— 

19 ‘‘(A) describes the essential capabilities 

20 that communities within the State should pos21 sess, or to which they should have access, based 

22 upon the terrorism risk factors relevant to such 

23 communities, in order to meet the Department’s 

24 goals for terrorism preparedness; 


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

2 State has achieved the essential capabilities 

3 that apply to the State; 

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

5 necessary to achieve, maintain, or enhance the 

6 essential capabilities that apply to the State; 

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

8 based on threat, vulnerability, and consequence 

9 assessment factors applicable to the State; 

10 ‘‘(E) describes how the State intends to— 

11 ‘‘(i) address such needs at the city, 

12 county, regional, tribal, State, and inter13 state level, including a precise description 

14 of any regional structure the State has es15 tablished for the purpose of organizing 

16 homeland security preparedness activities 

17 funded by covered grants; 

18 ‘‘(ii) use all Federal, State, and local 

19 resources available for the purpose of ad20 dressing such needs; and 

21 ‘‘(iii) give particular emphasis to re22 gional planning and cooperation, including 

23 the activities of multijurisdictional plan24 ning agencies governed by local officials, 


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1 both within its jurisdictional borders and 

2 with neighboring States; 

3 ‘‘(F) with respect to the emergency pre4 paredness of first responders, addresses the 

5 unique aspects of terrorism as part of a com6 prehensive State emergency management plan; 

7 and 

8 ‘‘(G) provides for coordination of response 

9 and recovery efforts at the local level, including 

10 procedures for effective incident command in 

11 conformance with the National Incident Man12 agement System. 

13 ‘‘(2) CONSULTATION.—The State plan sub14 mitted under paragraph (1) for a State shall be de15 veloped in consultation with and subject to appro16 priate comment by local governments and first re17 sponders within that State. 

18 ‘‘(3) APPROVAL BY SECRETARY.—The Sec19 retary may not award any covered grant to a State 

20 unless the Secretary has approved the applicable 

21 State homeland security plan. 

22 ‘‘(4) REVISIONS.—A State may revise the 

23 homeland security plan for that State approved by 

24 the Secretary under this subsection, subject to ap25 proval of the revision by the Secretary. 


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1 ‘‘(d) CONSISTENCY WITH STATE PLANS.—The Sec2 retary shall ensure that each covered grant is used to sup3 plement and support, in a consistent and coordinated 

4 manner, the applicable State homeland security plan or 

5 plans. 

6 ‘‘(e) APPLICATION FOR GRANT.— 

7 ‘‘(1) IN GENERAL.—Except as otherwise pro8 vided in this subsection, any State, region, or di9 rectly eligible tribe may apply for a covered grant by 

10 submitting to the Secretary an application at such 

11 time, in such manner, and containing such informa12 tion as is required under this subsection, or as the 

13 Secretary may reasonably require. 

14 ‘‘(2) DEADLINES FOR APPLICATIONS AND

15 AWARDS.—All applications for covered grants shall 

16 be submitted at such time as the Secretary may rea17 sonably require for the fiscal year for which they are 

18 submitted. The Secretary shall award covered grants 

19 pursuant to all approved applications for such fiscal 

20 year as soon as practicable, but not later than 

21 March 1 of such year. 

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

23 awarded by the Secretary under covered grants in a 

24 fiscal year shall be available for obligation through 

25 the end of the subsequent fiscal year. 


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

2 The Secretary shall require that each applicant in3 clude in its application, at a minimum— 

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

5 seeks covered grant funds and the reasons why 

6 the applicant needs the covered grant to meet 

7 the essential capabilities for terrorism prepared8 ness within the State, region, or directly eligible 

9 tribe to which the application pertains; 

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

11 the applicable State homeland security plan or 

12 plans under subsection (c), the allocation of 

13 grant funding proposed in the application, in14 cluding, where applicable, the amount not 

15 passed through under section 2006(g)(1), would 

16 assist in fulfilling the essential capabilities for 

17 terrorism preparedness specified in such plan or 

18 plans; 

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

20 agreement applies to the use of all or any por21 tion of the covered grant funds; 

22 ‘‘(D) if the applicant is a State, a descrip23 tion of how the State plans to allocate the cov24 ered grant funds to regions, local governments, 

25 and Indian tribes; 


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

2 ‘‘(i) a precise geographical description 

3 of the region and a specification of all par4 ticipating and nonparticipating local gov5 ernments within the geographical area 

6 comprising that region; 

7 ‘‘(ii) a specification of what govern8 mental entity within the region will admin9 ister the expenditure of funds under the 

10 covered grant; and 

11 ‘‘(iii) a designation of a specific indi12 vidual to serve as regional liaison; 

13 ‘‘(F) a capital budget showing how the ap14 plicant intends to allocate and expend the cov15 ered grant funds; 

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

17 tribe, a designation of a specific individual to 

18 serve as the tribal liaison; and 

19 ‘‘(H) a statement of how the applicant in20 tends to meet the matching requirement, if any, 

21 that applies under section 2006(g)(2). 

22 ‘‘(5) REGIONAL APPLICATIONS.— 

23 ‘‘(A) RELATIONSHIP TO STATE APPLICA24 TIONS.—A regional application shall— 


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1 ‘‘(i) be coordinated with an applica2 tion submitted by the State or States of 

3 which such region is a part; 

4 ‘‘(ii) supplement and avoid duplication 

5 with such State application; and 

6 ‘‘(iii) address the unique regional as7 pects of such region’s terrorism prepared8 ness needs beyond those provided for in 

9 the application of such State or States. 

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

11 To ensure the consistency required under sub12 section (d) and the coordination required under 

13 subparagraph (A) of this paragraph, an appli14 cant that is a region shall submit its application 

15 to each State of which any part is included in 

16 the region for review and concurrence prior to 

17 the submission of such application to the Sec18 retary. The regional application shall be trans19 mitted to the Secretary through each such 

20 State not later than 30 days after the date of 

21 its receipt, unless the Governor of such a State 

22 notifies the Secretary, in writing, that such re23 gional application is inconsistent with the 

24 State’s homeland security plan and provides an 

25 explanation of the reasons therefor. 


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1 ‘‘(C) DISTRIBUTION OF REGIONAL

2 AWARDS.— 

3 ‘‘(i) IN GENERAL.—If the Secretary 

4 approves a regional application, the Sec5 retary shall distribute a regional award to 

6 the State or States submitting the applica7 ble regional application under subpara8 graph (B), and each such State shall, not 

9 later than the end of the 45-day period be10 ginning on the day after the date of receiv11 ing a regional award, pass through to the 

12 region all covered grant funds or resources 

13 purchased with such funds, except those 

14 funds necessary for the State to carry out 

15 its responsibilities with respect to such re16 gional application. 

17 ‘‘(ii) MINIMUM.—In no such case shall 

18 the State or States submitting the applica19 ble regional application under subpara20 graph (B) pass through to the region less 

21 than 80 percent of the regional award. 

22 ‘‘(D) CERTIFICATIONS REGARDING DIS23 TRIBUTION OF GRANT FUNDS TO REGIONS.— 

24 Any State that receives a regional award under 

25 subparagraph (C) shall certify to the Secretary, 


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1 by not later than 30 days after the expiration 

2 of the period described in subparagraph (C)(i) 

3 with respect to the grant, that the State has 

4 made available to the region the required funds 

5 and resources in accordance with subparagraph 

6 (C). 

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

8 any State fails to pass through a regional 

9 award to a region as required by subparagraph 

10 (C) within 45 days after receiving such award 

11 and does not request or receive an extension of 

12 such period under section 2006(h)(2), the re13 gion may petition the Secretary to receive di14 rectly the portion of the regional award that is 

15 required to be passed through to such region 

16 under subparagraph (C). 

17 ‘‘(F) REGIONAL LIAISONS.—A regional li18 aison designated under paragraph (4)(E)(iii) 

19 shall— 

20 ‘‘(i) coordinate with officials from 

21 Federal, State, local, and regional govern22 ments and private entities within the re23 gion concerning terrorism preparedness; 

24 ‘‘(ii) develop a process for receiving 

25 input from officials from Federal, State, 


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1 local, and regional governments and pri2 vate entities within the region to assist in 

3 the development of the regional application 

4 and to improve the region’s access to cov5 ered grants; and 

6 ‘‘(iii) administer, in consultation with 

7 officials from State, local, and regional 

8 governments and private entities within the 

9 region, covered grants awarded to the re10 gion. 

11 ‘‘(6) TRIBAL APPLICATIONS.— 

12 ‘‘(A) SUBMISSION TO THE STATE OR

13 STATES.—To ensure the consistency required 

14 under subsection (d), an applicant that is a di15 rectly eligible tribe shall submit its application 

16 to each State within the boundaries of which 

17 any part of such tribe is located for direct sub18 mission to the Department along with the appli19 cation of such State or States. 

20 ‘‘(B) OPPORTUNITY FOR STATE COM21 MENT.—Before awarding any covered grant to 

22 a directly eligible tribe, the Secretary shall pro23 vide an opportunity to each State within the 

24 boundaries of which any part of such tribe is lo25 cated to comment to the Secretary on the conVerDate Aug 31 2005 18:15 Jan 21, 2007 Jkt 059200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\S328.IS S328

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1 sistency of the tribe’s application with the 

2 State’s homeland security plan. Any such com3 ments shall be submitted to the Secretary con4 currently with the submission of the State and 

5 tribal applications. 

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

7 shall have final authority to determine the con8 sistency of any application of a directly eligible 

9 tribe with the applicable State homeland secu10 rity plan or plans, and to approve any applica11 tion of such tribe. The Secretary shall notify 

12 each State within the boundaries of which any 

13 part of such tribe is located of the approval of 

14 an application by such tribe. 

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

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

17 ‘‘(i) coordinate with officials from 

18 Federal, State, local, and regional govern19 ments and private entities concerning ter20 rorism preparedness; 

21 ‘‘(ii) develop a process for receiving 

22 input from officials from Federal, State, 

23 local, and regional governments and pri24 vate entities to assist in the development of 

25 the application of such tribe and to imVerDate Aug 31 2005 18:15 Jan 21, 2007 Jkt 059200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\S328.IS S328

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1 prove the tribe’s access to covered grants; 

2 and 

3 ‘‘(iii) administer, in consultation with 

4 State, local, and regional governments and 

5 private officials, covered grants awarded to 

6 such tribe. 

7 ‘‘(E) LIMITATION ON THE NUMBER OF DI8 RECT GRANTS.—The Secretary may make cov9 ered grants directly to not more than 20 di10 rectly eligible tribes per fiscal year. 

11 ‘‘(F) TRIBES NOT RECEIVING DIRECT

12 GRANTS.—An Indian tribe that does not receive 

13 a grant directly under this section is eligible to 

14 receive funds under a covered grant from the 

15 State or States within the boundaries of which 

16 any part of such tribe is located, consistent with 

17 the homeland security plan of the State as de18 scribed in subsection (c). If a State fails to 

19 comply with section 2006(g)(1), the tribe may 

20 request payment under section 2006(h)(3) in 

21 the same manner as a local government. 

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

23 for a covered grant proposes to upgrade or purchase, 

24 with assistance provided under the grant, new equip25 ment or systems that do not meet or exceed any apVerDate Aug 31 2005 18:15 Jan 21, 2007 Jkt 059200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\S328.IS S328

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1 plicable national voluntary consensus standards es2 tablished by the Secretary, the applicant shall in3 clude in the application an explanation of why such 

4 equipment or systems will serve the needs of the ap5 plicant better than equipment or systems that meet 

6 or exceed such standards. 

7 ‘‘SEC. 2004. RISK-BASED EVALUATION AND 

8 PRIORITIZATION. 

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

10 ‘‘(1) ESTABLISHMENT OF BOARD.—The Sec11 retary shall establish a First Responder Grants 

12 Board, consisting of— 

13 ‘‘(A) the Secretary; 

14 ‘‘(B) the Under Secretary for Emergency 

15 Preparedness and Response; 

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

17 Transportation Security; 

18 ‘‘(D) the Under Secretary for Information 

19 Analysis and Infrastructure Protection; 

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

21 Technology; 

22 ‘‘(F) the Director of the Office for Domes23 tic Preparedness; 

24 ‘‘(G) the Administrator of the United 

25 States Fire Administration; and 


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

2 Plant Health Inspection Service. 

3 ‘‘(2) CHAIRMAN.— 

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

5 the Chairman of the Board. 

6 ‘‘(B) EXERCISE OF AUTHORITIES BY DEP7 UTY SECRETARY.—The Deputy Secretary of 

8 Homeland Security may exercise the authorities 

9 of the Chairman, if the Secretary so directs. 

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

11 under secretaries referred to in subsection (a)(1) shall 

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

13 staff of their directorates are available to and considered 

14 by the Board. 

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

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

17 Board shall evaluate and annually prioritize all 

18 pending applications for covered grants based upon 

19 the degree to which they would, by achieving, main20 taining, or enhancing the essential capabilities of the 

21 applicants on a nationwide basis, lessen the threat 

22 to, vulnerability of, and consequences for persons 

23 (including transient commuting and tourist popu24 lations) and critical infrastructure. Such evaluation 

25 and prioritization shall be based upon the most curVerDate Aug 31 2005 18:15 Jan 21, 2007 Jkt 059200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\S328.IS S328

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1 rent risk assessment available by the Directorate for 

2 Information Analysis and Infrastructure Protection 

3 of the threats of terrorism against the United 

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

5 regional, and tribal government officials in estab6 lishing criteria for evaluating and prioritizing appli7 cations for covered grants. 

8 ‘‘(2) CRITICAL INFRASTRUCTURE SECTORS.— 

9 ‘‘(A) IN GENERAL.—The Board specifically 

10 shall consider threats of terrorism against the 

11 following critical infrastructure sectors in all 

12 areas of the United States, urban and rural: 

13 ‘‘(i) Agriculture and food. 

14 ‘‘(ii) Banking and finance. 

15 ‘‘(iii) Chemical industries. 

16 ‘‘(iv) The defense industrial base. 

17 ‘‘(v) Emergency services. 

18 ‘‘(vi) Energy. 

19 ‘‘(vii) Government facilities. 

20 ‘‘(viii) Postal and shipping. 

21 ‘‘(ix) Public health and health care. 

22 ‘‘(x) Information technology. 

23 ‘‘(xi) Telecommunications. 

24 ‘‘(xii) Transportation systems. 

25 ‘‘(xiii) Water. 


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1 ‘‘(xiv) Dams. 

2 ‘‘(xv) Commercial facilities. 

3 ‘‘(xvi) National monuments and icons. 

4 ‘‘(B) CONSTRUCTION.—The order in which 

5 the critical infrastructure sectors are listed in 

6 subparagraph (A) shall not be construed as an 

7 order of priority for consideration of the impor8 tance of such sectors. 

9 ‘‘(3) TYPES OF THREAT.— 

10 ‘‘(A) IN GENERAL.—The Board specifically 

11 shall consider the following types of threat to 

12 the critical infrastructure sectors described in 

13 paragraph (2), and to populations in all areas 

14 of the United States, urban and rural: 

15 ‘‘(i) Biological threats. 

16 ‘‘(ii) Nuclear threats. 

17 ‘‘(iii) Radiological threats. 

18 ‘‘(iv) Incendiary threats. 

19 ‘‘(v) Chemical threats. 

20 ‘‘(vi) Explosives. 

21 ‘‘(vii) Suicide bombers. 

22 ‘‘(viii) Cyber threats. 

23 ‘‘(ix) Any other threats based on prox24 imity to specific past acts of terrorism or 

25 the known activity of any terrorist group. 


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1 ‘‘(B) CONSTRUCTION.—The order in which 

2 the types of threat are listed in subparagraph 

3 (A) shall not be construed as an order of pri4 ority for consideration of the importance of 

5 such threats. 

6 ‘‘(4) CONSIDERATION OF ADDITIONAL FAC7 TORS.—The Board shall take into account any other 

8 specific threat to a population (including a transient 

9 commuting or tourist population) or critical infra10 structure sector that the Board has determined to 

11 exist. In evaluating the threat to a population or 

12 critical infrastructure sector, the Board shall give 

13 greater weight to threats of terrorism based upon 

14 their specificity and credibility, including any pat15 tern of repetition. 

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

17 and prioritizing grant applications under paragraph 

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

19 year— 

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

21 Virgin Islands, American Samoa, Guam, and 

22 the Northern Mariana Islands, that has an ap23 proved State homeland security plan receives 

24 not less than 0.25 percent of the funds avail25 able for covered grants for that fiscal year for 


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1 purposes of implementing its homeland security 

2 plan in accordance with the prioritization of 

3 needs under section 2003(c)(1)(D); 

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

5 Virgin Islands, American Samoa, Guam, and 

6 the Northern Mariana Islands, that has an ap7 proved State homeland security plan and that 

8 meets 1 or both of the additional high-risk 

9 qualifying criteria under paragraph (6) receives 

10 not less than 0.45 percent of the funds avail11 able for covered grants for that fiscal year for 

12 purposes of implementing its homeland security 

13 plan in accordance with the prioritization of 

14 needs under section 2003(c)(1)(D); 

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

16 Guam, and the Northern Mariana Islands each 

17 receives not less than 0.08 percent of the funds 

18 available for covered grants for that fiscal year 

19 for purposes of implementing its approved State 

20 homeland security plan in accordance with the 

21 prioritization of needs under section 

22 2003(c)(1)(D); and 

23 ‘‘(D) directly eligible tribes collectively re24 ceive not less than 0.08 percent of the funds 

25 available for covered grants for such fiscal year 


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1 for purposes of addressing the needs identified 

2 in the applications of such tribes, consistent 

3 with the homeland security plan of each State 

4 within the boundaries of which any part of any 

5 such tribe is located, except that this subpara6 graph shall not apply with respect to funds 

7 available for a fiscal year if the Secretary re8 ceives less than 5 applications for such fiscal 

9 year from such tribes under section 

10 2003(e)(6)(A) or does not approve at least 1 

11 such application. 

12 ‘‘(6) ADDITIONAL HIGH-RISK QUALIFYING CRI13 TERIA.—For purposes of paragraph (5)(B), addi14 tional high-risk qualifying criteria consist of— 

15 ‘‘(A) having a significant international 

16 land border; or 

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

18 North America through which an international 

19 boundary line extends. 

20 ‘‘(d) EFFECT OF REGIONAL AWARDS ON STATE MIN21 IMUM.—Any regional award, or portion thereof, provided 

22 to a State under section 2003(e)(5)(C) shall not be consid23 ered in calculating the minimum State award under sub24 section (c)(5) of this section. 


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1 ‘‘SEC. 2005. TASK FORCE ON TERRORISM PREPAREDNESS 

2 FOR FIRST RESPONDERS. 

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

4 updating, revising, or replacing essential capabilities for 

5 terrorism preparedness, the Secretary shall establish an 

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

7 60 days after the date of enactment of this section, which 

8 shall be known as the Task Force on Terrorism Prepared9 ness for First Responders. 

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

11 shall regularly update, revise, or replace the essential ca12 pabilities for terrorism preparedness as necessary, but not 

13 less than every 3 years. 

14 ‘‘(c) REPORT.— 

15 ‘‘(1) IN GENERAL.—The Task Force shall sub16 mit to the Secretary, by not later than 12 months 

17 after its establishment by the Secretary under sub18 section (a), and not later than every 2 years there19 after, a report on its recommendations for essential 

20 capabilities for terrorism preparedness. 

21 ‘‘(2) CONTENTS.—Each report under para22 graph (1) shall— 

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

24 capabilities in order to provide guidance to the 

25 Secretary and to Congress on determining the 


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1 appropriate allocation of, and funding levels for, 

2 first responder needs; 

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

4 State or local government will be able to deter5 mine the extent to which it possesses or has ac6 cess to the essential capabilities that States and 

7 local governments having similar risks should 

8 obtain; 

9 ‘‘(C) describe the availability of national 

10 voluntary consensus standards, and whether 

11 there is a need for new national voluntary con12 sensus standards, with respect to first re13 sponder training and equipment; 

14 ‘‘(D) include such additional matters as 

15 the Secretary may specify in order to further 

16 the terrorism preparedness capabilities of first 

17 responders; and 

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

19 of previous reports as are necessary to take into 

20 account changes in the most current risk as21 sessment available by the Directorate for Infor22 mation Analysis and Infrastructure Protection 

23 or other relevant information as determined by 

24 the Secretary. 


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1 ‘‘(3) CONSISTENCY WITH FEDERAL WORKING

2 GROUP.—The Task Force shall ensure that its rec3 ommendations for essential capabilities for terrorism 

4 preparedness are, to the extent feasible, consistent 

5 with any preparedness goals or recommendations of 

6 the Federal working group established under section 

7 319F(a) of the Public Health Service Act (42 U.S.C. 

8 247d–6(a)). 

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

10 shall ensure that its recommendations regarding es11 sential capabilities for terrorism preparedness are 

12 made within the context of a comprehensive State 

13 emergency management system. 

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

15 ensure that its recommendations regarding essential 

16 capabilities for terrorism preparedness take into ac17 count any capabilities that State or local officials 

18 have determined to be essential and have undertaken 

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

20 respond to, or recover from terrorist attacks. 

21 ‘‘(d) MEMBERSHIP.— 

22 ‘‘(1) IN GENERAL.—The Task Force shall con23 sist of 25 members appointed by the Secretary, and 

24 shall, to the extent practicable, represent a geo25 graphic (including urban and rural) and substantive 


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1 cross section of governmental and nongovernmental 

2 first responder disciplines from the State and local 

3 levels, including as appropriate— 

4 ‘‘(A) members selected from the emergency 

5 response field, including fire service, law en6 forcement, hazardous materials response, emer7 gency medical services, and emergency manage8 ment personnel (including public works per9 sonnel routinely engaged in emergency re10 sponse); 

11 ‘‘(B) health scientists, emergency and in12 patient medical providers, and public health 

13 professionals (including experts in emergency 

14 health care response to chemical, biological, ra15 diological, and nuclear terrorism and experts in 

16 providing mental health care during emergency 

17 response operations); 

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

19 governments, and the private sector, rep20 resenting standards-setting organizations (in21 cluding representation from the voluntary con22 sensus codes and standards development com23 munity, particularly those with expertise in first 

24 responder disciplines); and 


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1 ‘‘(D) State and local government officials 

2 with expertise in terrorism preparedness, sub3 ject to the condition that if any such official is 

4 an elected official representing 1 of the 2 major 

5 political parties, an equal number of elected of6 ficials shall be selected from each such party. 

7 ‘‘(2) COORDINATION WITH THE DEPARTMENT

8 OF HEALTH AND HEALTH SERVICES.—In the selec9 tion of members of the Task Force who are health 

10 professionals, including emergency medical profes11 sionals, the Secretary shall coordinate such selection 

12 with the Secretary of Health and Human Services. 

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

14 and the Secretary of Health and Human Services 

15 shall each designate 1 or more officers of their re16 spective Departments to serve as ex officio members 

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

18 from the Department of Homeland Security shall be 

19 the designated officer of the Federal Government for 

20 purposes of subsection (e) of section 10 of the Fed21 eral Advisory Committee Act (5 App. U.S.C.). 

22 ‘‘(e) APPLICABILITY OF FEDERAL ADVISORY COM23 MITTEE ACT.—Notwithstanding section 871(a), the Fed24 eral Advisory Committee Act (5 App. U.S.C.), including 

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


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

2 apply to the Task Force. 

3 ‘‘SEC. 2006. USE OF FUNDS AND ACCOUNTABILITY RE4 QUIREMENTS. 

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

6 for— 

7 ‘‘(1) purchasing or upgrading equipment, in8 cluding computer software, to enhance terrorism 

9 preparedness; 

10 ‘‘(2) exercises to strengthen terrorism prepared11 ness; 

12 ‘‘(3) training for prevention (including detec13 tion) of, preparedness for, response to, or recovery 

14 from attacks involving weapons of mass destruction, 

15 including training in the use of equipment and com16 puter software; 

17 ‘‘(4) developing or updating State homeland se18 curity plans, risk assessments, mutual aid agree19 ments, and emergency management plans to enhance 

20 terrorism preparedness; 

21 ‘‘(5) establishing or enhancing mechanisms for 

22 sharing terrorism threat information; 

23 ‘‘(6) systems architecture and engineering, pro24 gram planning and management, strategy formula25 tion and strategic planning, life-cycle systems deVerDate Aug 31 2005 18:15 Jan 21, 2007 Jkt 059200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\S328.IS S328

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1 sign, product and technology evaluation, and proto2 type development for terrorism preparedness pur3 poses; 

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

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

6 the Homeland Security Advisory System by the 

7 Secretary, or a similar elevation in threat alert 

8 level issued by a State, region, or local govern9 ment with the approval of the Secretary; 

10 ‘‘(B) travel to and participation in exer11 cises and training in the use of equipment and 

12 on prevention activities; and 

13 ‘‘(C) the temporary replacement of per14 sonnel during any period of travel to and par15 ticipation in exercises and training in the use of 

16 equipment and on prevention activities; 

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

18 required to receive, transmit, handle, and store clas19 sified information; 

20 ‘‘(9) protecting critical infrastructure against 

21 potential attack by the addition of barriers, fences, 

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

23 of such measures may not exceed the greater of— 

24 ‘‘(A) $1,000,000 per project; or 


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1 ‘‘(B) such greater amount as may be ap2 proved by the Secretary, which may not exceed 

3 10 percent of the total amount of the covered 

4 grant; 

5 ‘‘(10) the costs of commercially available inter6 operable communications equipment (which, where 

7 applicable, is based on national, voluntary consensus 

8 standards) that the Secretary, in consultation with 

9 the Chairman of the Federal Communications Com10 mission, determines is best suited to facilitate inter11 operability, coordination, and integration between 

12 and among emergency communications systems, and 

13 that complies with prevailing grant guidance of the 

14 Department for interoperable communications; 

15 ‘‘(11) educational curricula development for 

16 first responders to ensure that they are prepared for 

17 terrorist attacks; 

18 ‘‘(12) training and exercises to assist public ele19 mentary and secondary schools in developing and 

20 implementing programs to instruct students regard21 ing age-appropriate skills to prevent, prepare for, re22 spond to, mitigate against, or recover from an act of 

23 terrorism; 

24 ‘‘(13) paying of administrative expenses directly 

25 related to administration of the grant, except that 


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1 such expenses may not exceed 3 percent of the 

2 amount of the grant; 

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

4 permitted under the Law Enforcement Terrorism 

5 Prevention Program, or any such successor to such 

6 program; and 

7 ‘‘(15) other appropriate activities as determined 

8 by the Secretary. 

9 ‘‘(b) PROHIBITED USES.—Funds provided as a cov10 ered grant may not be used— 

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

12 ‘‘(2) to construct buildings or other physical fa13 cilities; 

14 ‘‘(3) to acquire land; or 

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

16 sharing contribution. 

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

18 section shall be construed to preclude State and local gov19 ernments from using covered grant funds in a manner 

20 that also enhances first responder preparedness for emer21 gencies and disasters unrelated to acts of terrorism, if 

22 such use assists such governments in achieving essential 

23 capabilities for terrorism preparedness established by the 

24 Secretary. 

25 ‘‘(d) REIMBURSEMENT OF COSTS.— 


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1 ‘‘(1) IN GENERAL.—In addition to the activities 

2 described in subsection (a), a covered grant may be 

3 used to provide a reasonable stipend to paid-on-call 

4 or volunteer first responders who are not otherwise 

5 compensated for travel to or participation in training 

6 covered by this section. Any such reimbursement 

7 shall not be considered compensation for purposes of 

8 rendering such a first responder an employee under 

9 the Fair Labor Standards Act of 1938 (29 U.S.C. 

10 201 et seq.). 

11 ‘‘(2) STATE OR LOCAL GOVERNMENT.—An ap12 plicant for a covered grant may petition the Sec13 retary for the reimbursement of the cost of any ac14 tivity relating to prevention (including detection) of, 

15 preparedness for, response to, or recovery from acts 

16 of terrorism that is a Federal duty and usually per17 formed by a Federal agency, and that is being per18 formed by a State or local government under agree19 ment with a Federal agency. 

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

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

22 with funds provided as a covered grant be made available 

23 for responding to emergencies in surrounding States, re24 gions, and localities, unless the Secretary undertakes to 


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1 pay the costs directly attributable to transporting and op2 erating such equipment during such response. 

3 ‘‘(f) FLEXIBILITY IN UNSPENT HOMELAND SECU4 RITY GRANT FUNDS.—Upon request by the recipient of 

5 a covered grant, the Secretary may authorize the grantee 

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

7 grant from uses specified in the grant agreement to other 

8 uses authorized under this section, if the Secretary deter9 mines that such transfer is in the interests of homeland 

10 security. 

11 ‘‘(g) STATE, REGIONAL, AND TRIBAL RESPONSIBIL12 ITIES.— 

13 ‘‘(1) PASS-THROUGH.—The Secretary shall re14 quire a recipient of a covered grant that is a State 

15 to obligate or otherwise make available to local gov16 ernments, first responders, and other local groups, 

17 to the extent required under the State homeland se18 curity plan or plans specified in the application for 

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

20 funds, resources purchased with the grant funds 

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

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

23 not later than the end of the 45-day period begin24 ning on the date the grant recipient receives the 

25 grant funds. 


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1 ‘‘(2) COST SHARING.— 

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

3 the costs of an activity carried out with a cov4 ered grant to a State, region, or directly eligible 

5 tribe awarded after the 2-year period beginning 

6 on the date of enactment of this section shall 

7 not exceed 75 percent. 

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

9 of the costs of an activity carried out with a 

10 covered grant awarded before the end of the 2- 

11 year period beginning on the date of enactment 

12 of this section shall be 100 percent. 

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

14 of a covered grant may meet the matching re15 quirement under subparagraph (A) by making 

16 in-kind contributions of goods or services that 

17 are directly linked with the purpose for which 

18 the grant is made, including any necessary per19 sonnel overtime, contractor services, administra20 tive costs, equipment fuel and maintenance, and 

21 rental space. 

22 ‘‘(3) CERTIFICATIONS REGARDING DISTRIBU23 TION OF GRANT FUNDS TO LOCAL GOVERNMENTS.— 

24 Not later than 30 days after the expiration of the 

25 period described in paragraph (1) with respect to a 


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1 grant, any State that receives a covered grant shall 

2 certify to the Secretary that the State has made 

3 available for expenditure by local governments, first 

4 responders, and other local groups the required 

5 amount of grant funds under paragraph (1). 

6 ‘‘(4) QUARTERLY REPORT ON HOMELAND SECU7 RITY SPENDING.— 

8 ‘‘(A) IN GENERAL.—The Federal share de9 scribed in paragraph (2)(A) may be increased 

10 by not more than 2 percent for any State, re11 gion, or directly eligible tribe that, not later 

12 than 30 days after the end of each fiscal quar13 ter, submits to the Secretary a report on that 

14 fiscal quarter. 

15 ‘‘(B) CONTENTS.—Each report under sub16 paragraph (A) shall include, for each recipient 

17 of a covered grant or a pass-through under 

18 paragraph (1)— 

19 ‘‘(i) the amount obligated to that re20 cipient in that quarter; 

21 ‘‘(ii) the amount expended by that re22 cipient in that quarter; and 

23 ‘‘(iii) a summary description of the 

24 items purchased by such recipient with 

25 such amount. 


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1 ‘‘(5) ANNUAL REPORT ON HOMELAND SECU2 RITY SPENDING.— 

3 ‘‘(A) IN GENERAL.—Not later than 60 

4 days after the end of each Federal fiscal year, 

5 each recipient of a covered grant shall submit 

6 an annual report to the Secretary. Each recipi7 ent of a covered grant that is a region shall si8 multaneously submit its report to each State of 

9 which any part is included in the region. Each 

10 recipient of a covered grant that is a directly el11 igible tribe shall simultaneously submit its re12 port to each State within the boundaries of 

13 which any part of such tribe is located. 

14 ‘‘(B) CONTENTS.—Each report submitted 

15 under subparagraph (A) shall: 

16 ‘‘(i) The amount, ultimate recipients, 

17 and dates of receipt of all funds received 

18 under the grant during the previous fiscal 

19 year. 

20 ‘‘(ii) The amount and the dates of dis21 bursements of all such funds expended in 

22 compliance with paragraph (1) or pursuant 

23 to mutual aid agreements or other sharing 

24 arrangements that apply within the State, 


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1 region, or directly eligible tribe, as applica2 ble, during the previous fiscal year. 

3 ‘‘(iii) How the funds were utilized by 

4 each ultimate recipient or beneficiary dur5 ing the preceding fiscal year. 

6 ‘‘(iv) The extent to which essential ca7 pabilities identified in the applicable State 

8 homeland security plan or plans were 

9 achieved, maintained, or enhanced as the 

10 result of the expenditure of grant funds 

11 during the preceding fiscal year. 

12 ‘‘(v) The extent to which essential ca13 pabilities identified in the applicable State 

14 homeland security plan or plans remain 

15 unmet. 

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

17 recipient of a covered grant may submit to the Sec18 retary an annex to the annual report under para19 graph (5) that is subject to appropriate handling re20 strictions, if the recipient believes that discussion in 

21 the report of unmet needs would reveal sensitive but 

22 unclassified information. 

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

24 shall ensure that each annual report under para25 graph (5) is provided to the Under Secretary for 


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1 Emergency Preparedness and Response and the Di2 rector of the Office for Domestic Preparedness. 

3 ‘‘(h) INCENTIVES TO EFFICIENT ADMINISTRATION

4 OF HOMELAND SECURITY GRANTS.— 

5 ‘‘(1) PENALTIES FOR DELAY IN PASSING

6 THROUGH LOCAL SHARE.—If a recipient of a cov7 ered grant that is a State fails to pass through to 

8 local governments, first responders, and other local 

9 groups funds or resources required by subsection 

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

11 the grant, the Secretary may— 

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

13 recipient from the portion of grant funds that 

14 is not required to be passed through under sub15 section (g)(1); 

16 ‘‘(B) terminate payment of funds under 

17 the grant to the recipient, and transfer the ap18 propriate portion of those funds directly to local 

19 first responders that were intended to receive 

20 funding under that grant; or 

21 ‘‘(C) impose additional restrictions or bur22 dens on the recipient’s use of funds under the 

23 grant, which may include— 


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

2 pay the grant recipient’s grant-related 

3 overtime or other expenses; 

4 ‘‘(ii) requiring the grant recipient to 

5 distribute to local government beneficiaries 

6 all or a portion of grant funds that are not 

7 required to be passed through under sub8 section (g)(1); or 

9 ‘‘(iii) for each day that the grant re10 cipient fails to pass through funds or re11 sources in accordance with subsection 

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

13 grant recipient from the portion of grant 

14 funds that is not required to be passed 

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

16 that the total amount of such reduction 

17 may not exceed 20 percent of the total 

18 amount of the grant. 

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

20 a State may request in writing that the Secretary 

21 extend the 45-day period under section 

22 2003(e)(5)(E) or paragraph (1) for an additional 

23 15-day period. The Secretary may approve such a 

24 request, and may extend such period for additional 

25 15-day periods, if the Secretary determines that the 


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1 resulting delay in providing grant funding to the 

2 local government entities that will receive funding 

3 under the grant will not have a significant detri4 mental impact on such entities’ terrorism prepared5 ness efforts. 

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

7 LOCAL GOVERNMENT.— 

8 ‘‘(A) IN GENERAL.—The Secretary may, 

9 upon request by a local government, pay to the 

10 local government a portion of the amount of a 

11 covered grant awarded to a State in which the 

12 local government is located, if— 

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

14 amount paid to expedite planned enhance15 ments to its terrorism preparedness as de16 scribed in any applicable State homeland 

17 security plan; 

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

19 through funds or resources in accordance 

20 with subsection (g)(1); and 

21 ‘‘(iii) the local government complies 

22 with subparagraphs (B) and (C). 

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

24 payment under this paragraph, a local govern25 ment shall demonstrate that it— 


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1 ‘‘(i) is identified explicitly as an ulti2 mate recipient or intended beneficiary in 

3 the approved grant application; 

4 ‘‘(ii) was intended by the grantee to 

5 receive a severable portion of the overall 

6 grant for a specific purpose that is identi7 fied in the grant application; 

8 ‘‘(iii) petitioned the grantee for the 

9 funds or resources after expiration of the 

10 period within which the funds or resources 

11 were required to be passed through under 

12 subsection (g)(1); and 

13 ‘‘(iv) did not receive the portion of the 

14 overall grant that was earmarked or des15 ignated for its use or benefit. 

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

17 grant funds to a local government under this 

18 paragraph shall not— 

19 ‘‘(i) affect any payment to another 

20 local government under this paragraph; 

21 and 

22 ‘‘(ii) prejudice consideration of a re23 quest for payment under this paragraph 

24 that is submitted by another local govern25 ment. 


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1 ‘‘(D) DEADLINE FOR ACTION BY SEC2 RETARY.—The Secretary shall approve or dis3 approve each request for payment under this 

4 paragraph by not later than 15 days after the 

5 date the request is received by the Department. 

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

7 submit an annual report to Congress by January 31 of 

8 each year covering the preceding fiscal year— 

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

10 funds provided as covered grants that were directed 

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

12 the preceding fiscal year; 

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

14 grant funds by grantees; and 

15 ‘‘(3) describing— 

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

17 maintaining, and enhancing the essential capa18 bilities established by the Secretary as a result 

19 of the expenditure of covered grant funds dur20 ing the preceding fiscal year; and 

21 ‘‘(B) an estimate of the amount of expend22 itures required to attain across the United 

23 States the essential capabilities established by 

24 the Secretary. 


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1 ‘‘SEC. 2007. NATIONAL STANDARDS FOR FIRST RESPONDER 

2 EQUIPMENT AND TRAINING. 

3 ‘‘(a) EQUIPMENT STANDARDS.— 

4 ‘‘(1) IN GENERAL.— 

5 ‘‘(A) DEVELOPMENT AND PROMULGA6 TION.—The Secretary, in consultation with the 

7 Under Secretaries for Emergency Preparedness 

8 and Response and Science and Technology and 

9 the Director of the Office for Domestic Pre10 paredness, shall, not later than 6 months after 

11 the date of enactment of this section, support 

12 the development of, promulgate, and update as 

13 necessary national voluntary consensus stand14 ards for the performance, use, and validation of 

15 first responder equipment for purposes of sec16 tion 2005(e)(7). 

17 ‘‘(2) CONTENTS.—The standards described in 

18 paragraph (1) shall— 

19 ‘‘(A) be, to the maximum extent prac20 ticable, consistent with any voluntary consensus 

21 standards in existence on the date of enactment 

22 of this section; 

23 ‘‘(B) take into account, as appropriate, 

24 new types of terrorism threats that may not 

25 have been contemplated when such existing 

26 standards were developed; 


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1 ‘‘(C) be focused on maximizing interoper2 ability, interchangeability, durability, flexibility, 

3 efficiency, efficacy, portability, sustainability, 

4 and safety; and 

5 ‘‘(D) cover all appropriate uses of the 

6 equipment. 

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

8 paragraph (1), the Secretary shall specifically con9 sider the following categories of first responder 

10 equipment: 

11 ‘‘(A) Thermal imaging equipment. 

12 ‘‘(B) Radiation detection and analysis 

13 equipment. 

14 ‘‘(C) Biological detection and analysis 

15 equipment. 

16 ‘‘(D) Chemical detection and analysis 

17 equipment. 

18 ‘‘(E) Decontamination and sterilization 

19 equipment. 

20 ‘‘(F) Personal protective equipment, in21 cluding garments, boots, gloves, and hoods and 

22 other protective clothing. 

23 ‘‘(G) Respiratory protection equipment. 


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1 ‘‘(H) Interoperable communications, in2 cluding wireless and wireline voice, video, and 

3 data networks. 

4 ‘‘(I) Explosive mitigation devices and ex5 plosive detection and analysis equipment. 

6 ‘‘(J) Containment vessels. 

7 ‘‘(K) Contaminant-resistant vehicles. 

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

9 Secretary determines that national voluntary 

10 consensus standards would be appropriate. 

11 ‘‘(b) TRAINING STANDARDS.— 

12 ‘‘(1) IN GENERAL.—The Secretary, in consulta13 tion with the Under Secretaries for Emergency Pre14 paredness and Response and Science and Tech15 nology and the Director of the Office for Domestic 

16 Preparedness, shall support the development of, pro17 mulgate, and regularly update as necessary national 

18 voluntary consensus standards for first responder 

19 training carried out with amounts provided under 

20 covered grant programs, that will enable State and 

21 local government first responders to achieve optimal 

22 levels of terrorism preparedness as quickly as prac23 ticable. 


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1 ‘‘(2) PRIORITY.—The standards described in 

2 paragraph (1) shall give priority to providing train3 ing to— 

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

5 prepare for, respond to, mitigate against, and 

6 recover from terrorist threats, including threats 

7 from chemical, biological, nuclear, and radio8 logical weapons and explosive devices capable of 

9 inflicting significant human casualties; and 

10 ‘‘(B) familiarize first responders with the 

11 proper use of equipment, including software, 

12 developed pursuant to the standards established 

13 under subsection (a). 

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

15 paragraph (1), the Secretary specifically shall in16 clude the following categories of first responder ac17 tivities: 

18 ‘‘(A) Regional planning. 

19 ‘‘(B) Joint exercises. 

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

21 sharing. 

22 ‘‘(D) Emergency notification of affected 

23 populations. 


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1 ‘‘(E) Detection of biological, nuclear, radi2 ological, and chemical weapons of mass destruc3 tion. 

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

5 Secretary determines that national voluntary 

6 consensus training standards would be appro7 priate. 

8 ‘‘(4) CONSISTENCY.—In carrying out this sub9 section, the Secretary shall ensure that the stand10 ards described in paragraph (1) are consistent with 

11 the principles of emergency preparedness for all haz12 ards. 

13 ‘‘(c) CONSULTATION WITH STANDARDS ORGANIZA14 TIONS.—In establishing national voluntary consensus 

15 standards for first responder equipment and training 

16 under this section, the Secretary shall consult with rel17 evant public and private sector groups, including— 

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

19 Technology; 

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

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

22 City Health Officials; 

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

24 Health Officials; 


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

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

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

5 Standardization and Interoperability; 

6 ‘‘(8) the National Public Health Performance 

7 Standards Program; 

8 ‘‘(9) the National Institute for Occupational 

9 Safety and Health; 

10 ‘‘(10) ASTM International; 

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

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

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

18 Federal, State, and local government agencies, and 

19 other interested persons. 

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

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

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


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

3 (b) DEFINITION OF EMERGENCY RESPONSE PRO4 VIDERS.—Paragraph (6) of section 2 of the Homeland Se5 curity Act of 2002 (6 U.S.C. 101(6)) is amended by strik6 ing ‘‘includes’’ and all that follows and inserting ‘‘includes 

7 Federal, State, and local governmental and nongovern8 mental emergency public safety, law enforcement, fire, 

9 emergency response, emergency medical (including hos10 pital emergency facilities), and related personnel, organi11 zations, agencies, and authorities.’’. 

12 (c) TECHNICAL AND CONFORMING AMENDMENTS.— 

13 (1) IN GENERAL.—The Homeland Security Act 

14 of 2002 (6 U.S.C. 101 et seq.) is amended— 

15 (A) by redesignating title XVIII, as added 

16 by the SAFE Port Act (Public Law 109–347; 

17 120 Stat. 1884), as title XIX; 

18 (B) by redesignating sections 1801 

19 through 1806, as added by the SAFE Port Act 

20 (Public Law 109–347; 120 Stat. 1884), as sec21 tions 1901 through 1906, respectively; 

22 (C) in section 1904(a), as so redesignated, 

23 by striking ‘‘section 1802’’ and inserting ‘‘sec24 tion 1902’’; and 


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1 (D) in section 1906, as so redesignated, by 

2 striking ‘‘section 1802(a)’’ each place that term 

3 appears and inserting ‘‘section 1902(a)’’. 

4 (2) TABLE OF CONTENTS.—The table of con5 tents in section 1(b) of the Homeland Security Act 

6 of 2002 (6 U.S.C. 101 note) is amended by striking 

7 the items relating to title XVIII and sections 1801 

8 through 1806, as added by the SAFE Port Act 

9 (Public Law 109–347; 120 Stat. 1884), and insert10 ing the following: 

‘‘TITLE XIX—DOMESTIC NUCLEAR DETECTION OFFICE 

‘‘Sec. 1901. Domestic Nuclear Detection Office. 

‘‘Sec. 1902. Mission of Office. 

‘‘Sec. 1903. Hiring authority. 

‘‘Sec. 1904. Testing authority. 

‘‘Sec. 1905. Relationship to other Department entities and Federal agencies. 

‘‘Sec. 1906. Contracting and grant making authorities. 

‘‘TITLE XX—FUNDING FOR FIRST RESPONDERS 

‘‘Sec. 2001. Definitions. 

‘‘Sec. 2002. Faster and Smarter Funding for First Responders. 

‘‘Sec. 2003. Covered grant eligibility and criteria. 

‘‘Sec. 2004. Risk-based evaluation and prioritization. 

‘‘Sec. 2005. Task Force on Terrorism Preparedness for First Responders. 

‘‘Sec. 2006. Use of funds and accountability requirements. 

‘‘Sec. 2007. National standards for first responder equipment and training.’’. 

11 SEC. 114. SUPERSEDED PROVISION. 

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

13 Law 107–56. 

14 SEC. 115. OVERSIGHT. 

15 The Secretary of Homeland Security shall establish 

16 within the Office for Domestic Preparedness an Office of 

17 the Comptroller to oversee the grants distribution process 


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1 and the financial management of the Office for Domestic 

2 Preparedness. 

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

4 HOMELAND SECURITY FIRST RESPONDER 

5 TRAINING. 

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

7 United States shall submit to Congress, in accordance 

8 with this section, reports— 

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

10 responder training programs of the Department of 

11 Homeland Security and other departments and 

12 agencies of the Federal Government; and 

13 (2) the extent to which such programs are co14 ordinated. 

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

16 section shall include— 

17 (1) an assessment of the effectiveness of the 

18 structure and organization of first responder train19 ing programs of the Department of Homeland Secu20 rity and other departments and agencies of the Fed21 eral Government training programs; 

22 (2) recommendations to— 

23 (A) improve the coordination, structure, 

24 and organization of such training programs; 

25 and 


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1 (B) increase the availability of training to 

2 first responders who are not able to attend cen3 tralized training programs; 

4 (3) the structure and organizational effective5 ness of such programs for first responders in rural 

6 communities; 

7 (4) identification of any duplication or redun8 dancy among such programs; 

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

10 training institutions, universities, centers, and the 

11 National Domestic Preparedness Consortium in de12 signing and providing training; 

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

14 required for first responders to participate in train15 ing courses at Federal institutions; 

16 (7) an assessment of the approval process for 

17 certifying training courses offered by entities other 

18 than the Department of Homeland Security that are 

19 useful for antiterrorism purposes as eligible for 

20 grants awarded by the Department; 

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

22 Homeland Security grant funds by States and local 

23 governments to acquire training; 

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

25 State, and local personnel receiving the training that 


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1 is necessary to adopt the National Response Plan 

2 and the National Incident Management System; and 

3 (10) the role of each first responder training in4 stitution within the Department of Homeland Secu5 rity in the design and implementation of terrorism 

6 preparedness and related training courses for first 

7 responders. 

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

9 (1) submit the report required under subsection 

10 (a)(1) by not later than 60 days after the date of 

11 enactment of this Act; and 

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

13 topics required by this section by not later than 120 

14 days after the date of enactment of this Act. 

15 SEC. 117. REMOVAL OF CIVIL LIABILITY BARRIERS THAT 

16 DISCOURAGE THE DONATION OF FIRE EQUIP17 MENT TO VOLUNTEER FIRE COMPANIES. 

18 (a) LIABILITY PROTECTION.—A civil action for dam19 ages relating to personal injuries, property damage or loss, 

20 or death caused, after the donation of such equipment, 

21 by fire control or fire rescue equipment donated to a vol22 unteer fire company against the person that donated the 

23 equipment may not be brought in any State or Federal 

24 court. 


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

2 a person if— 

3 (1) the person’s act or omission causing the in4 jury, damage, loss, or death constitutes gross neg5 ligence or intentional misconduct; or 

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

7 control or fire rescue equipment. 

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

9 any State to the extent that such laws are inconsistent 

10 with this section, except that notwithstanding subsection 

11 (b) this section shall not preempt any State law that pro12 vides additional protection from liability for a person who 

13 donates fire control or fire rescue equipment to a volunteer 

14 fire company. 

15 (d) DEFINITIONS.—In this section: 

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

17 governmental or other entity. 

18 (2) FIRE CONTROL OR RESCUE EQUIPMENT.— 

19 The term ‘‘fire control or fire rescue equipment’’ in20 cludes any fire vehicle, fire fighting tool, communica21 tions equipment, protective gear, fire hose, or 

22 breathing apparatus. 

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

24 several States, the District of Columbia, the Com25 monwealth of Puerto Rico, the Commonwealth of the 


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1 Northern Mariana Islands, American Samoa, Guam, 

2 the Virgin Islands, any other territory or possession 

3 of the United States, and any political subdivision of 

4 any such State, territory, or possession. 

5 (4) VOLUNTEER FIRE COMPANY.—The term 

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

7 individuals who provide fire protection and other 

8 emergency services, where not less than 30 percent 

9 of the individuals receive little or no compensation 

10 compared with an entry level full-time paid indi11 vidual in that association or in the nearest such as12 sociation with an entry level full-time paid indi13 vidual. 

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

15 liability for injury, damage, loss, or death caused by equip16 ment that is donated on or after the date that is 30 days 

17 after the date of enactment of this Act. 

18 Subtitle B—Transportation 

19 Security 

20 SEC. 121. REPORT ON NATIONAL STRATEGY FOR TRANS21 PORTATION SECURITY. 

22 (a) REPORT; CERTIFICATION.— 

23 (1) IN GENERAL.—Not later than 30 days after 

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

25 thereafter, the Secretary of Transportation shall 


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1 submit to the relevant congressional committees a 

2 report on the recommendations of the 9/11 Commis3 sion and the policy goals of the Intelligence Reform 

4 and Terrorism Prevention Act of 2004 (Public Law 

5 108–458) with respect to completion of a national 

6 strategy for transportation security. 

7 (2) CONTENTS.—Each report submitted under 

8 paragraph (1) shall include— 

9 (A) a certification by the Secretary of 

10 Transportation that such recommendations 

11 have been implemented and such policy goals 

12 have been achieved; or 

13 (B) if the Secretary of Transportation is 

14 unable to make the certification described in 

15 subparagraph (A), a description of— 

16 (i) the steps taken to implement such 

17 recommendations and achieve such policy 

18 goals; 

19 (ii) when the Secretary expects such 

20 recommendations to be implemented and 

21 such policy goals to be achieved; and 

22 (iii) any allocation of resources or 

23 other actions by Congress the Secretary 

24 considers necessary to implement such recVerDate Aug 31 2005 18:15 Jan 21, 2007 Jkt 059200 PO 00000 Frm 00073 Fmt 6652 Sfmt 6201 E:\BILLS\S328.IS S328

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1 ommendations and achieve such policy 

2 goals. 

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

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

5 when the Secretary of Transportation submits a certifi6 cation pursuant to subsection (a)(2)(A). 

7 (c) GAO REVIEW OF CERTIFICATION.—If the Sec8 retary of Transportation submits a certification pursuant 

9 to subsection (a)(2)(A), not later than 30 days after the 

10 submission of such certification, the Comptroller General 

11 shall submit to the relevant congressional committees a 

12 report on whether the recommendations described in sub13 section (a) have been implemented and whether the policy 

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

15 SEC. 122. REPORT ON AIRLINE PASSENGER 

16 PRESCREENING. 

17 (a) REPORT; CERTIFICATION.— 

18 (1) IN GENERAL.—Not later than 30 days after 

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

20 thereafter, the Secretary of Transportation shall 

21 submit to the relevant congressional committees a 

22 report on the recommendations of the 9/11 Commis23 sion and the policy goals of the Intelligence Reform 

24 and Terrorism Prevention Act of 2004 (Public Law 


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1 108–458) with respect to improving airline pas2 senger prescreening. 

3 (2) CONTENTS.—Each report submitted under 

4 paragraph (1) shall include— 

5 (A) a certification by the Secretary of 

6 Transportation that such recommendations 

7 have been implemented and such policy goals 

8 have been achieved; or 

9 (B) if the Secretary of Transportation is 

10 unable to make the certification described in 

11 subparagraph (A), a description of— 

12 (i) the steps taken to implement such 

13 recommendations and achieve such policy 

14 goals; 

15 (ii) when the Secretary expects such 

16 recommendations to be implemented and 

17 such policy goals to be achieved; and 

18 (iii) any allocation of resources or 

19 other actions by Congress the Secretary 

20 considers necessary to implement such rec21 ommendations and achieve such policy 

22 goals. 

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

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


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1 when the Secretary of Transportation submits a certifi2 cation pursuant to subsection (a)(2)(A). 

3 (c) GAO REVIEW OF CERTIFICATION.—If the Sec4 retary of Transportation submits a certification pursuant 

5 to subsection (a)(2)(A), not later than 30 days after the 

6 submission of such certification, the Comptroller General 

7 shall submit to the relevant congressional committees a 

8 report on whether the recommendations described in sub9 section (a) have been implemented and whether the policy 

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

11 SEC. 123. REPORT ON DETECTION OF EXPLOSIVES AT AIR12 LINE SCREENING CHECKPOINTS. 

13 (a) REPORT; CERTIFICATION.— 

14 (1) IN GENERAL.—Not later than 30 days after 

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

16 thereafter, the Secretary of Transportation shall 

17 submit to the relevant congressional committees a 

18 report on the recommendations of the 9/11 Commis19 sion and the policy goals of the Intelligence Reform 

20 and Terrorism Prevention Act of 2004 (Public Law 

21 108–458) with respect to the improvement of airline 

22 screening checkpoints to detect explosives. 

23 (2) CONTENTS.—Each report submitted under 

24 paragraph (1) shall include— 


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1 (A) a certification by the Secretary of 

2 Transportation that such recommendations 

3 have been implemented and such policy goals 

4 have been achieved; or 

5 (B) if the Secretary of Transportation is 

6 unable to make the certification described in 

7 subparagraph (A), a description of— 

8 (i) the steps taken to implement such 

9 recommendations and achieve such policy 

10 goals; 

11 (ii) when the Secretary expects such 

12 recommendations to be implemented and 

13 such policy goals to be achieved; and 

14 (iii) any allocation of resources or 

15 other actions by Congress the Secretary 

16 considers necessary to implement such rec17 ommendations and achieve such policy 

18 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)(2)(A). 

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

25 to subsection (a)(2)(A), not later than 30 days after the 


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1 submission 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. 124. REPORT ON COMPREHENSIVE SCREENING PRO7 GRAM. 

8 (a) REPORT; CERTIFICATION.— 

9 (1) IN GENERAL.—Not later than 30 days after 

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

11 thereafter, the Secretary of Transportation shall 

12 submit to the relevant congressional committees a 

13 report on the recommendations of the 9/11 Commis14 sion and the policy goals of the Intelligence Reform 

15 and Terrorism Prevention Act of 2004 (Public Law 

16 108–458) with respect to implementation of a com17 prehensive screening program. 

18 (2) CONTENTS.—Each report submitted under 

19 paragraph (1) shall include— 

20 (A) a certification by the Secretary of 

21 Transportation that such recommendations 

22 have been implemented and such policy goals 

23 have been achieved; or 


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1 (B) if the Secretary of Transportation is 

2 unable to make the certification described in 

3 subparagraph (A), a description of— 

4 (i) the steps taken to implement such 

5 recommendations and achieve such policy 

6 goals; 

7 (ii) when the Secretary expects such 

8 recommendations to be implemented and 

9 such policy goals to be achieved; and 

10 (iii) any allocation of resources or 

11 other actions by Congress the Secretary 

12 considers necessary to implement such rec13 ommendations and achieve such policy 

14 goals. 

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

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

17 when the Secretary of Transportation submits a certifi18 cation pursuant to subsection (a)(2)(A). 

19 (c) GAO REVIEW OF CERTIFICATION.—If the Sec20 retary of Transportation submits a certification pursuant 

21 to subsection (a)(2)(A), not later than 30 days after the 

22 submission of such certification, the Comptroller General 

23 shall submit to the relevant congressional committees a 

24 report on whether the recommendations described in subVerDate Aug 31 2005 18:15 Jan 21, 2007 Jkt 059200 PO 00000 Frm 00079 Fmt 6652 Sfmt 6201 E:\BILLS\S328.IS S328

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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. 125. RELEVANT CONGRESSIONAL COMMITTEES DE4 FINED. 

5 In this subtitle, the term ‘‘relevant congressional 

6 committees’’ means— 

7 (1) the Committee on Homeland Security of the 

8 House of Representatives; 

9 (2) the Committee on Oversight and Govern10 ment Reform of the House of Representatives; 

11 (3) the Committee on Transportation and In12 frastructure of the House of Representatives; 

13 (4) the Committee on Homeland Security and 

14 Government Affairs of the Senate; and 

15 (5) the Committee on Environment and Public 

16 Works of the Senate. 

17 Subtitle C—Border Security 

18 SEC. 131. COUNTERTERRORIST TRAVEL INTELLIGENCE. 

19 (a) REPORT; CERTIFICATION.— 

20 (1) IN GENERAL.—Not later than 30 days after 

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

22 thereafter, the Director of the National 

23 Counterterrorism Center shall submit to the relevant 

24 congressional committees a report on the rec25 ommendations of the 9/11 Commission and the polVerDate Aug 31 2005 18:15 Jan 21, 2007 Jkt 059200 PO 00000 Frm 00080 Fmt 6652 Sfmt 6201 E:\BILLS\S328.IS S328

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1 icy goals of the Intelligence Reform and Terrorism 

2 Prevention Act of 2004 (Public Law 108–458) with 

3 respect to improving collection and analysis of intel4 ligence on terrorist travel. 

5 (2) CONTENTS.—Each report submitted under 

6 paragraph (1) shall include— 

7 (A) a certification that such recommenda8 tions have been implemented and such policy 

9 goals have been achieved; or 

10 (B) if the Director of the National 

11 Counterterrorism Center is unable to make the 

12 certification described in subparagraph (A), a 

13 description of— 

14 (i) the steps taken to implement such 

15 recommendations and achieve such policy 

16 goals; 

17 (ii) when such recommendations are 

18 expected to be implemented and such pol19 icy goals to be achieved; and 

20 (iii) any allocation of resources or 

21 other actions by Congress considered nec22 essary to implement such recommendations 

23 and achieve such policy goals. 

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

25 of the Director of the National Counterterrorism Center 


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

2 when the Director submits a certification pursuant to sub3 section (a)(2)(A). 

4 (c) GAO REVIEW OF CERTIFICATION.—If the Direc5 tor of the National Counterterrorism submits a certifi6 cation pursuant to subsection (a)(2)(A), not later than 30 

7 days after the submission of such certification, the Comp8 troller General shall submit to the relevant congressional 

9 committees a report on whether the recommendations de10 scribed in subsection (a) have been implemented and 

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

12 been achieved. 

13 (d) RELEVANT CONGRESSIONAL COMMITTEES.—For 

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

15 committees’’ means 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 Transportation and In21 frastructure of the House of Representatives. 

22 (4) The Committee on Homeland Security and 

23 Governmental Affairs of the Senate. 

24 (5) The Committee on Environment and Public 

25 Works of the Senate. 


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1 (6) The Select Committee on Intelligence of the 

2 Senate. 

3 (7) The Permanent Select Committee on Intel4 ligence of the House of Representatives. 

5 SEC. 132. COMPREHENSIVE SCREENING SYSTEM. 

6 (a) REPORT; CERTIFICATION.— 

7 (1) IN GENERAL.—Not later than 30 days after 

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

9 thereafter, the Secretary of Homeland Security and 

10 the Secretary of Transportation shall each submit to 

11 the relevant congressional committees a report on 

12 the recommendations of the 9/11 Commission and 

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

15 458) with respect to the establishment of the com16 prehensive screening system described in Presi17 dential Homeland Security Directive 11 (dated Au18 gust 27, 2004). 

19 (2) CONTENTS.—Each report submitted under 

20 paragraph (1) shall include— 

21 (A) a certification that such recommenda22 tions have been implemented and such policy 

23 goals have been achieved; or 

24 (B) if the Secretary of Homeland Security 

25 or the Secretary of Transportation, as the case 


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1 may be, is unable to make the certification de2 scribed in subparagraph (A), a description of— 

3 (i) the steps taken to implement such 

4 recommendations and achieve such policy 

5 goals; 

6 (ii) when such recommendations are 

7 expected to be implemented and such pol8 icy goals to be achieved; and 

9 (iii) any allocation of resources or 

10 other actions by Congress considered nec11 essary to implement such recommendations 

12 and achieve such policy goals. 

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

14 of the Secretary of Homeland Security to submit a report 

15 under subsection (a) shall terminate when the Secretary 

16 of Homeland Security submits a certification pursuant to 

17 subsection (a)(2)(A). The duty of the Secretary of Trans18 portation to submit a report under subsection (a) shall ter19 minate when the Secretary of Transportation submits a 

20 certification pursuant to subsection (a)(2)(A). 

21 (c) GAO REVIEW OF CERTIFICATION.—Not later 

22 than 30 days after the later of the date of submission of 

23 a certification under subsection (a)(2)(A) by the Secretary 

24 of Homeland Security and the submission of such a certifi25 cation by the Secretary of Transportation, the Comptroller 


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1 General shall submit to the relevant congressional commit2 tees a report on whether the recommendations described 

3 in subsection (a) have been implemented and whether the 

4 policy goals described in subsection (a) have been 

5 achieved. 

6 (d) RELEVANT CONGRESSIONAL COMMITTEES.—For 

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

8 committees’’ means the following: 

9 (1) The Committee on Homeland Security of 

10 the House of Representatives. 

11 (2) The Committee on Oversight and Govern12 ment Reform of the House of Representatives. 

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

15 (4) The Committee on Homeland Security and 

16 Governmental Affairs of the Senate. 

17 (5) The Committee on Environment and Public 

18 Works of the Senate. 

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

20 (a) REPORT; CERTIFICATION.— 

21 (1) IN GENERAL.—Not later than 30 days after 

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

23 thereafter, the Secretary of Homeland Security shall 

24 submit to the relevant congressional committees a 

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1 sion and the policy goals of the Intelligence Reform 

2 and Terrorism Prevention Act of 2004 (Public Law 

3 108–458) with respect to the completion of a bio4 metric entry and exit data system. 

5 (2) CONTENTS.—Each report submitted under 

6 paragraph (1) shall include— 

7 (A) a certification that such recommenda8 tions have been implemented and such policy 

9 goals have been achieved; or 

10 (B) if the Secretary of Homeland Security 

11 is unable to make the certification described in 

12 subparagraph (A), a description of— 

13 (i) the steps taken to implement such 

14 recommendations and achieve such policy 

15 goals; 

16 (ii) when such recommendations are 

17 expected to be implemented and such pol18 icy goals to be achieved; and 

19 (iii) any allocation of resources or 

20 other actions by Congress the Secretary 

21 considers necessary to implement such rec22 ommendations and achieve such policy 

23 goals. 

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

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


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1 when the Secretary of Homeland Security submits a cer2 tification pursuant to subsection (a)(2)(A). 

3 (c) GAO REVIEW OF CERTIFICATION.—If the Sec4 retary of Homeland Security submits a certification pursu5 ant to subsection (a)(2)(A), not later than 30 days after 

6 the submission of such certification, the Comptroller Gen7 eral shall submit to the relevant congressional committees 

8 a report on whether the recommendations described in 

9 subsection (a) have been implemented and whether the 

10 policy goals described in subsection (a) have been 

11 achieved. 

12 (d) RELEVANT CONGRESSIONAL COMMITTEES.—For 

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

14 committees’’ means the following: 

15 (1) The Committee on Homeland Security of 

16 the House of Representatives. 

17 (2) The Committee on Oversight and Govern18 ment Reform of the House of Representatives. 

19 (3) The Committee on the Judiciary of the 

20 House of Representatives. 

21 (4) The Committee on Homeland Security and 

22 Governmental Affairs of the Senate. 

23 (5) The Committee on the Judiciary of the Sen24 ate. 


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1 SEC. 134. INTERNATIONAL COLLABORATION ON BORDER 

2 AND DOCUMENT SECURITY. 

3 (a) REPORT; CERTIFICATION.— 

4 (1) IN GENERAL.—Not later than 30 days after 

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

6 thereafter, the Secretary of Homeland Security and 

7 the Secretary of State shall each submit to the rel8 evant congressional committees a report on the rec9 ommendations of the 9/11 Commission and the pol10 icy goals of the Intelligence Reform and Terrorism 

11 Prevention Act of 2004 (Public Law 108–458) with 

12 respect to international collaboration on border and 

13 document security. 

14 (2) CONTENTS.—Each report submitted under 

15 paragraph (1) shall include— 

16 (A) a certification that such recommenda17 tions have been implemented and such policy 

18 goals have been achieved; or 

19 (B) if the Secretary of Homeland Security 

20 or the Secretary of State, as the case may be, 

21 is unable to make the certification described in 

22 subparagraph (A), a description of— 

23 (i) the steps taken to implement such 

24 recommendations and achieve such policy 

25 goals; 


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1 (ii) when such recommendations are 

2 expected to be implemented and such pol3 icy goals to be achieved; and 

4 (iii) any allocation of resources or 

5 other actions by Congress considered nec6 essary to implement such recommendations 

7 and achieve such policy goals. 

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

9 of the Secretary of Homeland Security to submit a report 

10 under subsection (a) shall terminate when the Secretary 

11 of Homeland Security submits a certification pursuant to 

12 subsection (a)(2)(A). The duty of the Secretary of State 

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

14 when the Secretary of State submits a certification pursu15 ant to subsection (a)(2)(A). 

16 (c) GAO REVIEW OF CERTIFICATION.—Not later 

17 than 30 days after the later of the date of submission of 

18 a certification under subsection (a)(2)(A) by the Secretary 

19 of Homeland Security and the submission of such a certifi20 cation by the Secretary of State, 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) WATCH LIST.—The Comptroller General shall 

2 submit to the relevant congressional committees a report 

3 assessing the sharing of the consolidated and integrated 

4 terrorist watch list maintained by the Federal Government 

5 with countries designated to participate in the visa waiver 

6 program established under section 217 of the Immigration 

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

8 (e) FINGERPRINTING IN DOMESTIC AND FOREIGN

9 PASSPORTS.— 

10 (1) USE IN UNITED STATES PASSPORTS.— 

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

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

13 1185(b)) is amended by inserting after ‘‘pass14 port’’ the following: ‘‘that contains the finger15 prints of the citizen involved’’. 

16 (B) EFFECTIVE DATE.—The amendment 

17 made by subparagraph (A) shall apply to pass18 ports issued on or after the date that is 90 days 

19 after the date of enactment of this Act. 

20 (2) USE IN FOREIGN PASSPORTS.— 

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

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

23 adding at the end the following new subpara24 graph: 


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1 ‘‘(C) REQUIREMENT FOR FINGERPRINTS

2 ON PASSPORTS.—No passport of an alien shall 

3 be considered valid for purposes of subpara4 graph (A) or (B) unless the passport contains 

5 the fingerprints of the alien.’’. 

6 (B) EFFECTIVE DATE.—The amendment 

7 made by subparagraph (A) shall apply to aliens 

8 applying for admission to the United States on 

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

10 of enactment of this Act. 

11 (f) RELEVANT CONGRESSIONAL COMMITTEES.—For 

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

13 committees’’ means the following: 

14 (1) The Committee on Homeland Security of 

15 the House of Representatives. 

16 (2) The Committee on Oversight and Govern17 ment Reform of the House of Representatives. 

18 (3) The Committee on the Foreign Affairs of 

19 the House of Representatives. 

20 (4) The Committee on the Judiciary of the 

21 House of Representatives. 

22 (5) The Committee on Homeland Security and 

23 Governmental Affairs of the Senate. 

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


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1 (7) The Committee on Foreign Relations of the 

2 Senate. 

3 SEC. 135. STANDARDIZATION OF SECURE IDENTIFICATION. 

4 (a) REPORT; CERTIFICATION.— 

5 (1) IN GENERAL.—Not later than 30 days after 

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

7 thereafter, the Secretary of Homeland Security and 

8 the Secretary of Health and Human Services shall 

9 each submit to the relevant congressional commit10 tees a report on the recommendations of the 9/11 

11 Commission and the policy goals of the Intelligence 

12 Reform and Terrorism Prevention Act of 2004 

13 (Public Law 108–458) with respect to the establish14 ment of standardization of secure identification. 

15 (2) CONTENTS.—Each report submitted under 

16 paragraph (1) shall include— 

17 (A) a certification that such recommenda18 tions have been implemented and such policy 

19 goals have been achieved; or 

20 (B) if the Secretary of Homeland Security 

21 or the Secretary of Health and Human Serv22 ices, as the case may be, is unable to make the 

23 certification described in subparagraph (A), a 

24 description of— 


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1 (i) the steps taken to implement such 

2 recommendations and achieve such policy 

3 goals; 

4 (ii) when such recommendations are 

5 expected to be implemented and such pol6 icy goals to be achieved; and 

7 (iii) any allocation of resources or 

8 other actions by Congress the Secretary 

9 considers necessary to implement such rec10 ommendations and achieve such policy 

11 goals. 

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

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

14 (1) for the Secretary of Homeland Security, 

15 when the Secretary of Homeland Security submits a 

16 certification pursuant to subsection (a)(2)(A); and 

17 (2) for the Secretary of Health and Human 

18 Services, when the Secretary of Health and Human 

19 Services submits a certification pursuant to sub20 section (a)(2)(A). 

21 (c) GAO REVIEW OF CERTIFICATION.—Not later 

22 than 30 days after the later of the date of submission of 

23 a certification under subsection (a)(2)(A) by the Secretary 

24 of Homeland Security and the submission of such a certifi25 cation by the Secretary of Health and Human Services, 


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1 the Comptroller General shall submit to the relevant con2 gressional committees a report on whether the rec3 ommendations described in subsection (a) have been im4 plemented and whether the policy goals described in sub5 section (a) have been achieved. 

6 (d) RELEVANT CONGRESSIONAL COMMITTEES.—For 

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

8 committees’’ means the following: 

9 (1) The Committee on Homeland Security of 

10 the House of Representatives. 

11 (2) The Committee on Oversight and Govern12 ment Reform of the House of Representatives. 

13 (3) The Committee on the Judiciary of the 

14 House of Representatives. 

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

16 House of Representatives. 

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

18 (6) The Committee on Homeland Security and 

19 Governmental Affairs of the Senate. 

20 SEC. 136. SECURITY ENHANCEMENTS FOR SOCIAL SECU21 RITY CARDS. 

22 (a) REPORT; CERTIFICATION.— 

23 (1) IN GENERAL.—Not later than 30 days after 

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

25 thereafter, the Commissioner of Social Security shall 


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1 submit to the relevant congressional committees a 

2 report on the recommendations of the 9/11 Commis3 sion and the policy goals of the Intelligence Reform 

4 and Terrorism Prevention Act of 2004 (Public Law 

5 108–458) with respect to security enhancements for 

6 social security cards and the implementation of sec7 tion 205(c)(2)(C)(iv)(II) of the Social Security Act 

8 (42 U.S.C. 405(c)(2)(C)(iv)(II)) (as added by sec9 tion 7214 of the Intelligence Reform and Terrorism 

10 Prevention Act of 2004 (Public Law 108–458)). 

11 (2) CONTENTS.—Each report submitted under 

12 paragraph (1) shall include— 

13 (A) a certification that such recommenda14 tions have been implemented and such policy 

15 goals have been achieved; or 

16 (B) if the Commissioner of Social Security 

17 is unable to make the certification described in 

18 subparagraph (A), a description of— 

19 (i) the steps taken to implement such 

20 recommendations and achieve such policy 

21 goals; 

22 (ii) when such recommendations are 

23 expected to be implemented and such pol24 icy goals to be achieved; and 


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1 (iii) any allocation of resources or 

2 other actions by Congress the Commis3 sioner considers necessary to implement 

4 such recommendations and achieve such 

5 policy goals. 

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

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

8 when the Commissioner of Social Security submits a cer9 tification pursuant to subsection (a)(2)(A). 

10 (c) GAO REVIEW OF CERTIFICATION.—If the Com11 missioner of Social Security submits a certification pursu12 ant to subsection (a)(2)(A), not later than 30 days after 

13 the submission of such certification, the Comptroller Gen14 eral shall submit to the relevant congressional committees 

15 a report on whether the recommendations described in 

16 subsection (a) have been implemented and whether the 

17 policy goals described in subsection (a) have been 

18 achieved. 

19 (d) RELEVANT CONGRESSIONAL COMMITTEES.—For 

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

21 committees’’ means the following: 

22 (1) The Committee on Homeland Security of 

23 the House of Representatives. 

24 (2) The Committee on Oversight and Govern25 ment Reform of 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 TITLE II—REFORMING THE 

9 INSTITUTIONS OF GOVERNMENT 

10 Subtitle A—Intelligence 

11 Community 

12 SEC. 201. REPORT ON DIRECTOR OF NATIONAL INTEL13 LIGENCE. 

14 (a) REPORT; CERTIFICATION.— 

15 (1) IN GENERAL.—Not later than 30 days after 

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

17 thereafter, the Director of National Intelligence shall 

18 submit to the relevant congressional committees a 

19 report on the recommendations of the 9/11 Commis20 sion and the policy goals of the Intelligence Reform 

21 and Terrorism Prevention Act of 2004 (Public Law 

22 108–458) with respect to the Director of National 

23 Intelligence. 

24 (2) CONTENTS.—Each report submitted under 

25 paragraph (1) shall include— 


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1 (A) a certification by the Director of Na2 tional Intelligence that such recommendations 

3 have been implemented and such policy goals 

4 have been achieved; or 

5 (B) if the Director of National Intelligence 

6 is unable to make the certification described in 

7 subparagraph (A), a description of— 

8 (i) the steps taken to implement such 

9 recommendations and achieve such policy 

10 goals; 

11 (ii) when the Director of National In12 telligence expects such recommendations to 

13 be implemented and such policy goals to be 

14 achieved; and 

15 (iii) any allocation of resources or 

16 other actions by Congress the Director 

17 considers necessary to implement such rec18 ommendations and achieve such policy 

19 goals. 

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

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

22 when the Director of National Intelligence submits a cer23 tification pursuant to subsection (a)(2)(A). 

24 (c) GAO REVIEW OF CERTIFICATION.—If the Direc25 tor of National Intelligence submits a certification pursuVerDate Aug 31 2005 18:15 Jan 21, 2007 Jkt 059200 PO 00000 Frm 00098 Fmt 6652 Sfmt 6201 E:\BILLS\S328.IS S328

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1 ant to subsection (a)(2)(A), not later than 30 days after 

2 the submission of such certification, the Comptroller Gen3 eral shall submit to the relevant congressional committees 

4 a report on whether the recommendations described in 

5 subsection (a) have been implemented and whether the 

6 policy goals described in subsection (a) have been 

7 achieved. 

8 (d) GAO REPORT ON DNI EXERCISE OF AUTHOR9 ITY.— 

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

11 after the date of enactment of this Act, and annually 

12 thereafter, the Comptroller General shall submit to 

13 the relevant congressional committees a report on 

14 whether— 

15 (A) the Director of National Intelligence 

16 has been able to properly exercise the authority 

17 of the Office of the Director of National Intel18 ligence, including budget and personnel author19 ity; and 

20 (B) information sharing among the intel21 ligence community is a high priority. 

22 (2) TERMINATION.—The duty to submit a re23 port under paragraph (1) shall terminate when the 

24 Comptroller General certifies to the relevant con25 gressional committees that the recommendations of 


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1 the 9/11 Commission and the policy goals of the In2 telligence Reform and Terrorism Prevention Act of 

3 2004 (Public Law 108–458) with respect to the Di4 rector of National Intelligence have been achieved. 

5 SEC. 202. REPORT ON NATIONAL COUNTERTERRORISM 

6 CENTER. 

7 (a) REPORT; CERTIFICATION.— 

8 (1) IN GENERAL.—Not later than 30 days after 

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

10 thereafter, the Director of National Intelligence shall 

11 submit to the relevant congressional committees a 

12 report on the recommendations of the 9/11 Commis13 sion and the policy goals of the Intelligence Reform 

14 and Terrorism Prevention Act of 2004 (Public Law 

15 108–458) with respect to the establishment of a Na16 tional Counterterrorism Center. 

17 (2) CONTENTS.—Each report submitted under 

18 paragraph (1) shall include— 

19 (A) a certification by the Director of Na20 tional Intelligence that such recommendations 

21 have been implemented and such policy goals 

22 have been achieved; or 

23 (B) if the Director of National Intelligence 

24 is unable to make the certification described in 

25 subparagraph (A), a description of— 


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1 (i) the steps taken to implement such 

2 recommendations and achieve such policy 

3 goals; 

4 (ii) when the Director of National In5 telligence expects such recommendations to 

6 be implemented and such policy goals to be 

7 achieved; and 

8 (iii) any allocation of resources or 

9 other actions by Congress the Director 

10 considers necessary to implement such rec11 ommendations and achieve such policy 

12 goals. 

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

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

15 when the Director of National Intelligence submits a cer16 tification pursuant to subsection (a)(2)(A). 

17 (c) GAO REVIEW OF CERTIFICATION.—If the Direc18 tor of National Intelligence submits a certification pursu19 ant to subsection (a)(2)(A), not later than 30 days after 

20 the submission of such certification, the Comptroller Gen21 eral shall submit to the relevant congressional committees 

22 a report on whether the recommendations described in 

23 subsection (a) have been implemented and whether the 

24 policy goals described in subsection (a) have been 

25 achieved. 


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

2 OF INVESTIGATION NATIONAL SECURITY 

3 WORKFORCE. 

4 (a) REPORT; CERTIFICATION.— 

5 (1) IN GENERAL.—Not later than 30 days after 

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

7 thereafter, the Director of the Federal Bureau of In8 vestigation shall submit to the relevant congressional 

9 committees a report on the recommendations of the 

10 9/11 Commission and the policy goals of the Intel11 ligence Reform and Terrorism Prevention Act of 

12 2004 (Public Law 108–458) with respect to the cre13 ation of a Federal Bureau of Investigation national 

14 security workforce. 

15 (2) CONTENTS.—Each report submitted under 

16 paragraph (1) shall include— 

17 (A) a certification by the Director of the 

18 Federal Bureau of Investigation that such rec19 ommendations have been implemented and such 

20 policy goals have been achieved; or 

21 (B) if the Director of the Federal Bureau 

22 of Investigation is unable to make the certifi23 cation described in subparagraph (A), a de24 scription of— 


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1 (i) the steps taken to implement such 

2 recommendations and achieve such policy 

3 goals; 

4 (ii) when the Director of the Federal 

5 Bureau of Investigation expects such rec6 ommendations to be implemented and such 

7 policy goals to be achieved; and 

8 (iii) any allocation of resources or 

9 other actions by Congress the Director of 

10 the Federal Bureau of Investigation con11 siders necessary to implement such rec12 ommendations and achieve such policy 

13 goals. 

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

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

16 when the Director of the Federal Bureau of Investigation 

17 submits a certification pursuant to subsection (a)(2)(A). 

18 (c) GAO REVIEW OF CERTIFICATION.—If the Direc19 tor of the Federal Bureau of Investigation submits a cer20 tification pursuant to subsection (a)(2)(A), not later than 

21 30 days after the submission of such certification, the 

22 Comptroller General shall submit to the relevant congres23 sional committees a report on whether the recommenda24 tions described in subsection (a) have been implemented 


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

2 have been achieved. 

3 (d) GAO REPORT ON CREATION OF FBI NATIONAL

4 SECURITY WORKFORCE.— 

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

6 after the date of enactment of this Act, and annually 

7 thereafter, the Comptroller General shall submit to 

8 the relevant congressional committees a report on 

9 whether— 

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

11 Federal Bureau of Investigation to create a na12 tional security workforce to carry out the do13 mestic counterterrorism mission of the Federal 

14 Bureau of Investigation; 

15 (B) the Federal Bureau of Investigation is 

16 on track to create such a workforce; and 

17 (C) the culture of the Federal Bureau of 

18 Investigation allows the Federal Bureau of In19 vestigation to meet its new challenges and suc20 ceed in its counterterrorism role. 

21 (2) TERMINATION.—The duty to submit a re22 port under paragraph (1) shall terminate when the 

23 Comptroller General certifies to the relevant con24 gressional committees that the recommendations of 

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1 telligence Reform and Terrorism Prevention Act of 

2 2004 (Public Law 108–458) with respect to the cre3 ation of a Federal Bureau of Investigation national 

4 security workforce have been achieved. 

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

6 OF THE CENTRAL INTELLIGENCE AGENCY. 

7 (a) REPORT; CERTIFICATION.— 

8 (1) IN GENERAL.—Not later than 30 days after 

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

10 thereafter, the Director of National Intelligence shall 

11 submit to the relevant congressional committees a 

12 report on the recommendations of the 9/11 Commis13 sion and the policy goals of the Intelligence Reform 

14 and Terrorism Prevention Act of 2004 (Public Law 

15 108–458) with respect to the new mission of the Di16 rector of the Central Intelligence Agency. 

17 (2) CONTENTS.—Each report submitted under 

18 paragraph (1) shall include— 

19 (A) a certification by the Director of Na20 tional Intelligence that such recommendations 

21 have been implemented and such policy goals 

22 have been achieved; or 

23 (B) if the Director of National Intelligence 

24 is unable to make the certification described in 

25 subparagraph (A), a description of— 


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1 (i) the steps taken to implement such 

2 recommendations and achieve such policy 

3 goals; 

4 (ii) when the Director of National In5 telligence expects such recommendations to 

6 be implemented and such policy goals to be 

7 achieved; and 

8 (iii) any allocation of resources or 

9 other actions by Congress the Director 

10 considers necessary to implement such rec11 ommendations and achieve such policy 

12 goals. 

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

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

15 when the Director of National Intelligence submits a cer16 tification pursuant to subsection (a)(2)(A). 

17 (c) GAO REVIEW OF CERTIFICATION.—If the Direc18 tor of National Intelligence submits a certification pursu19 ant to subsection (a)(2)(A), not later than 30 days after 

20 the submission of such certification, the Comptroller Gen21 eral shall submit to the relevant congressional committees 

22 a report on whether the recommendations described in 

23 subsection (a) have been implemented and whether the 

24 policy goals described in subsection (a) have been 

25 achieved. 


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1 (d) GAO REPORT ON DIRECTOR OF THE CENTRAL

2 INTELLIGENCE AGENCY.— 

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

4 after the date of enactment of this Act, and annually 

5 thereafter, the Comptroller General shall submit to 

6 the relevant congressional committees a report on 

7 whether the Director of the Central Intelligence 

8 Agency has strong, determined leadership committed 

9 to accelerating the pace of the reforms underway. 

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

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

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

16 2004 (Public Law 108–458) with respect to the Di17 rector of the Central Intelligence Agency have been 

18 achieved. 

19 (e) SENSE OF CONGRESS.—It is the sense of Con20 gress that Congress and the leadership of the Central In21 telligence Agency should— 

22 (1) regularly evaluate the effectiveness of the 

23 national clandestine service structure to determine if 

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1 tion operations and produces better intelligence re2 sults; and 

3 (2) address morale and personnel issues at the 

4 Central Intelligence Agency to ensure the Central 

5 Intelligence Agency remains an effective arm of na6 tional power. 

7 SEC. 205. REPORT ON INCENTIVES FOR INFORMATION 

8 SHARING. 

9 (a) REPORT; CERTIFICATION.— 

10 (1) IN GENERAL.—Not later than 30 days after 

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

12 thereafter, the Director of the Office of Management 

13 and Budget, in consultation with the Director of Na14 tional Intelligence, shall submit to the relevant con15 gressional committees a report on the recommenda16 tions of the 9/11 Commission and the policy goals of 

17 the Intelligence Reform and Terrorism Prevention 

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

19 the creation of incentives for information sharing 

20 across the Federal Government and with State and 

21 local authorities. 

22 (2) CONTENTS.—Each report submitted under 

23 paragraph (1) shall include— 

24 (A) a certification by the Director of the 

25 Office of Management and Budget that such 


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1 recommendations have been implemented and 

2 such policy goals have been achieved; or 

3 (B) if the Director of the Office of Man4 agement and Budget is unable to make the cer5 tification described in subparagraph (A), a de6 scription of— 

7 (i) the steps taken to implement such 

8 recommendations and achieve such policy 

9 goals; 

10 (ii) when the Director of National In11 telligence expects such recommendations to 

12 be implemented and such policy goals to be 

13 achieved; and 

14 (iii) any allocation of resources or 

15 other actions by Congress the Director 

16 considers necessary to implement such rec17 ommendations and achieve such policy 

18 goals. 

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

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

21 when the Director of the Office of Management and Budg22 et submits a certification pursuant to subsection 

23 (a)(2)(A). 

24 (c) GAO REVIEW OF CERTIFICATION.—If the Direc25 tor of the Office of Management and Budget submits a 


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1 certification pursuant to subsection (a)(2)(A), not later 

2 than 30 days after the submission of such certification, 

3 the Comptroller General shall submit to the relevant con4 gressional committees a report on whether the rec5 ommendations described in subsection (a) have been im6 plemented and whether the policy goals described in sub7 section (a) have been achieved. 

8 SEC. 206. REPORT ON PRESIDENTIAL LEADERSHIP OF NA9 TIONAL SECURITY INSTITUTIONS IN THE IN10 FORMATION REVOLUTION. 

11 (a) REPORT; CERTIFICATION.— 

12 (1) IN GENERAL.—Not later than 30 days after 

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

14 thereafter, the Director of the Office of Management 

15 and Budget, in consultation with the Director of Na16 tional Intelligence, shall submit to the relevant con17 gressional committees a report on the recommenda18 tions of the 9/11 Commission and the policy goals of 

19 the Intelligence Reform and Terrorism Prevention 

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

21 the leadership of the President of national security 

22 institutions into the information revolution. 

23 (2) CONTENTS.—Each report submitted under 

24 paragraph (1) shall include— 


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1 (A) a certification by the Director of the 

2 Office of Management and Budget that such 

3 recommendations have been implemented and 

4 such policy goals have been achieved; or 

5 (B) if the Director of the Office of Man6 agement and Budget is unable to make the cer7 tification described in subparagraph (A), a de8 scription of— 

9 (i) the steps taken to implement such 

10 recommendations and achieve such policy 

11 goals; 

12 (ii) when the Director of the Office of 

13 Management and Budget expects such rec14 ommendations to be implemented and such 

15 policy goals to be achieved; and 

16 (iii) any allocation of resources or 

17 other actions by Congress the Director 

18 considers necessary to implement such rec19 ommendations and achieve such policy 

20 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 

25 (a)(2)(A). 


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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)(2)(A), not later 

4 than 30 days after the submission of such certification, 

5 the Comptroller General shall submit to the relevant con6 gressional committees a report on whether the rec7 ommendations described in subsection (a) have been im8 plemented and whether the policy goals described in sub9 section (a) have been achieved. 

10 (d) GAO REPORT ON INFORMATION SYSTEMS.— 

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

12 after the date of enactment of this Act, and annually 

13 thereafter, the Comptroller General shall submit to 

14 the relevant congressional committees a report on 

15 whether the intelligence community has the re16 sources and Presidential support to change informa17 tion systems to enable information sharing, policies 

18 and procedures that compel sharing, and systems of 

19 performance evaluation to inform personnel on how 

20 well they carry out information sharing. 

21 (2) TERMINATION.—The duty to submit a re22 port under paragraph (1) shall terminate when the 

23 Comptroller General certifies to the relevant con24 gressional committees that the recommendations of 

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1 telligence Reform and Terrorism Prevention Act of 

2 2004 (Public Law 108–458) with respect to the 

3 leadership of the President of national security insti4 tutions into the information revolution have been 

5 achieved. 

6 SEC. 207. HOMELAND AIRSPACE DEFENSE. 

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

8 the date of enactment of this Act, and every 30 days there9 after, the Secretary of Homeland Security and the Sec10 retary of Defense shall each submit to the specified con11 gressional committees a certification as to whether the 

12 Federal Government has implemented the policy goals of 

13 the Intelligence Reform and Terrorism Prevention Act of 

14 2004 (Public Law 108–458) and the recommendations of 

15 the National Commission on Terrorist Attacks Upon the 

16 United States regarding homeland and airspace defense. 

17 Each Secretary shall include with such certification rec18 ommendations if further congressional action is necessary. 

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

20 sentence, the Secretary shall report to the specified com21 mittees what steps have been taken towards implementa22 tion, when implementation can reasonably be expected to 

23 be completed, and whether additional resources or actions 

24 from the Congress are required for implementation. 


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1 (b) COMPTROLLER GENERAL REPORT.—Within 30 

2 days of the submission of both certifications under sub3 section (a), the Comptroller General of the United States 

4 shall submit to the specified congressional committees a 

5 report verifying that the policy referred to in that sub6 section has in fact been implemented and recommenda7 tions of any additional congressional action necessary to 

8 implement the goals referred to in that subsection. 

9 (c) SPECIFIED CONGRESSIONAL COMMITTEES.—For 

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

11 committees’’ means— 

12 (1) the Committee on Homeland Security, the 

13 Committee on Oversight and Government Reform, 

14 and the Committee on Transportation and Infra15 structure of the House of Representatives; and 

16 (2) the Committee of Homeland Security and 

17 Governmental Affairs and the Committee on Envi18 ronment and Public Works of the Senate. 

19 SEC. 208. SEMIANNUAL REPORT ON PLANS AND STRATE20 GIES OF UNITED STATES NORTHERN COM21 MAND FOR DEFENSE OF THE UNITED STATES 

22 HOMELAND. 

23 (a) FINDINGS.—Consistent with the report of the Na24 tional Commission on Terrorist Attacks Upon the United 

25 States, Congress makes the following findings: 


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1 (1) The primary responsibility for national de2 fense is with the Department of Defense and the 

3 secondary responsibility for national defense is with 

4 the Department of Homeland Security, and the two 

5 departments must have clear delineations of respon6 sibility. 

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

8 American Aerospace Defense Command, which had 

9 responsibility for defending United States airspace 

10 on September 11, 2001— 

11 (A) focused on threats coming from out12 side the borders of the United States; and 

13 (B) had not increased its focus on ter14 rorism within the United States, even though 

15 the intelligence community had gathered intel16 ligence on the possibility that terrorists might 

17 turn to hijacking and even the use of airplanes 

18 as missiles within the United States. 

19 (3) The United States Northern Command has 

20 been established to assume responsibility for defense 

21 within the United States. 

22 (b) SENSE OF CONGRESS.—It is the sense of Con23 gress that— 

24 (1) the Secretary of Defense should regularly 

25 assess the adequacy of the plans and strategies of 


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1 the United States Northern Command with a view 

2 to ensuring that the United States Northern Com3 mand is prepared to respond effectively to all mili4 tary and paramilitary threats within the United 

5 States; and 

6 (2) the Committee on Armed Services of the 

7 Senate and the Committee on Armed Services of the 

8 House of Representatives should periodically review 

9 and assess the adequacy of those plans and strate10 gies. 

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

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

13 days thereafter, the Secretary of Defense shall submit to 

14 the Committee on Armed Services of the Senate and the 

15 Committee on Armed Services of the House of Represent16 atives a report describing the plans and strategies of the 

17 United States Northern Command to defend the United 

18 States against military and paramilitary threats within the 

19 United States. 

20 SEC. 209. RELEVANT CONGRESSIONAL COMMITTEES DE21 FINED. 

22 In this subtitle, the term ‘‘relevant congressional 

23 committees’’ means the Committee on Homeland Security, 

24 the Committee on Government Reform, and the Perma25 nent Select Committee on Intelligence of the House of 


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1 Representatives and the Committee on Homeland Security 

2 and Government Affairs and the Select Committee on In3 telligence of the Senate. 

4 Subtitle B—Civil Liberties and 

5 Executive Power 

6 SEC. 211. REPORT ON THE BALANCE BETWEEN SECURITY 

7 AND CIVIL LIBERTIES. 

8 (a) REPORT; CERTIFICATION.— 

9 (1) IN GENERAL.—Not later than 30 days after 

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

11 thereafter, the Attorney General shall submit to the 

12 relevant congressional committees a report on the 

13 recommendations of the 9/11 Commission and the 

14 policy goals of the Intelligence Reform and Ter15 rorism Prevention Act of 2004 (Public Law 108– 

16 458) with respect to the balance between security 

17 and civil liberties. 

18 (2) CONTENTS.—Each report submitted under 

19 paragraph (1) shall include— 

20 (A) a certification by the Attorney General 

21 that such recommendations have been imple22 mented and such policy goals have been 

23 achieved; or 


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1 (B) if the Attorney General is unable to 

2 make the certification described in subpara3 graph (A), a description of— 

4 (i) the steps taken to implement such 

5 recommendations and achieve such policy 

6 goals; 

7 (ii) when the Attorney General ex8 pects such recommendations to be imple9 mented and such policy goals to be 

10 achieved; and 

11 (iii) any allocation of resources or 

12 other actions by Congress the Attorney 

13 General considers necessary to implement 

14 such recommendations and achieve such 

15 policy goals. 

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

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

18 when the Attorney General submits a certification pursu19 ant to subsection (a)(2)(A). 

20 (c) GAO REVIEW OF CERTIFICATION.—If the Attor21 ney General submits a certification pursuant to subsection 

22 (a)(2)(A), not later than 30 days after the submission of 

23 such certification, the Comptroller General shall submit to 

24 the relevant congressional committees a report on whether 

25 the recommendations described in subsection (a) have 


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1 been implemented and whether the policy goals described 

2 in subsection (a) have been achieved. 

3 SEC. 212. PRIVACY AND CIVIL LIBERTIES OVERSIGHT 

4 BOARD. 

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

6 ‘‘9/11 Commission Civil Liberties Board Act’’. 

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

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

9 on Terrorist Attacks Upon the United States issued 

10 a report that included 41 specific recommendations 

11 to help prevent future terrorist attacks, including de12 tails of a global strategy and government reorganiza13 tion necessary to implement that strategy. 

14 (2) One of the recommendations focused on the 

15 protections of civil liberties. Specifically the following 

16 recommendation was made: ‘‘At this time of in17 creased and consolidated government authority, 

18 there should be a board within the executive branch 

19 to oversee adherence to the guidelines we rec20 ommend and the commitment the government makes 

21 to defend our civil liberties.’’. 

22 (3) The report also states that ‘‘the choice be23 tween security and liberty is a false choice, as noth24 ing is more likely to endanger America’s liberties 

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


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1 History has shown that the insecurity threatens lib2 erty at home. Yet if our liberties are curtailed, we 

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

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

5 458, the National Intelligence Reform Act, was 

6 signed into law. This law created a civil liberties 

7 board that does not have the authority necessary to 

8 protect civil liberties. 

9 (5) The establishment and adequate funding of 

10 a Privacy and Civil Liberties Oversight Board was 

11 a crucial recommendation made by the 9/11 Com12 mission. 

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

14 Recommendations, the Commission noted ‘‘very little 

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

16 the establishment of the Privacy and Civil Liberties 

17 Oversight Board. 

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

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

20 and Civil Liberties Oversight Board, the President’s 

21 budget submission for fiscal year 2007 does not con22 tain a funding line for the Board. 

23 (c) MAKING THE PRIVACY AND CIVIL LIBERTIES

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

25 the Intelligence Reform and Terrorism Prevention Act of 


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1 2004 (5 U.S.C. 601 note) is amended by striking ‘‘within 

2 the Executive Office of the President’’ and inserting ‘‘as 

3 an independent agency within the Executive branch’’. 

4 (d) REQUIRING ALL MEMBERS OF THE PRIVACY AND

5 CIVIL LIBERTIES OVERSIGHT BOARD BE CONFIRMED BY

6 THE SENATE.—Subsection (e) of section 1061 of the In7 telligence Reform and Terrorism Prevention Act of 2004 

8 (5 U.S.C. 601 note) is amended to read as follows: 

9 ‘‘(e) MEMBERSHIP.— 

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

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

12 who shall be appointed by the President, by and 

13 with the advice and consent of the Senate. 

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

15 shall be selected solely on the basis of their profes16 sional qualifications, achievements, public stature, 

17 expertise in civil liberties and privacy, and relevant 

18 experience, and without regard to political affiliation, 

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

20 Board be members of the same political party. The 

21 President shall, before appointing an individual who 

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

23 President consult with the leadership of that party, 

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


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

2 appointed to the Board may not, while serving on 

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

4 of the Federal Government, other than in the capac5 ity as a member of the Board. 

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

7 serve a term of 6 years, except that— 

8 ‘‘(A) a member appointed to a term of of9 fice after the commencement of such term may 

10 serve under such appointment only for the re11 mainder of such term; 

12 ‘‘(B) upon the expiration of the term of of13 fice of a member, the member shall continue to 

14 serve until the member’s successor has been ap15 pointed and qualified, except that no member 

16 may serve under this subparagraph— 

17 ‘‘(i) for more than 60 days when Con18 gress is in session unless a nomination to 

19 fill the vacancy shall have been submitted 

20 to the Senate; or 

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

22 the session of the Senate in which such 

23 nomination is submitted; and 

24 ‘‘(C) the members initially appointed under 

25 this subsection shall serve terms of 2, 3, 4, 5, 


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1 and 6 years, respectively, from the effective 

2 date of this Act, with the term of each such 

3 member to be designated by the President. 

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

5 shall meet upon the call of the chairman or a major6 ity of its members. Three members of the Board 

7 shall constitute a quorum.’’. 

8 (e) SUBPOENA POWER FOR THE PRIVACY AND CIVIL

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

10 Intelligence Reform and Terrorism Prevention Act of 

11 2004 (5 U.S.C. 601 note) is amended— 

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

13 reads as follows: 

14 ‘‘(D) require, by subpoena issued at the di15 rection of a majority of the members of the 

16 Board, persons (other than departments, agen17 cies, and elements of the executive branch) to 

18 produce any relevant information, documents, 

19 reports, answers, records, accounts, papers, and 

20 other documentary or testimonial evidence.’’; 

21 and 

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

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

24 case of contumacy or failure to obey a subpoena 

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


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1 district court for the judicial district in which the 

2 subpoenaed person resides, is served, or may be 

3 found may issue an order requiring such person to 

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

5 (f) REPORTING REQUIREMENTS.— 

6 (1) DUTIES OF BOARD.—Paragraph (4) of sec7 tion 1061(c) of the Intelligence Reform and Ter8 rorism Prevention Act of 2004 (5 U.S.C. 601 note) 

9 is amended to read as follows: 

10 ‘‘(4) REPORTS.— 

11 ‘‘(A) RECEIPT, REVIEW, AND SUBMIS12 SION.— 

13 ‘‘(i) IN GENERAL.—The Board shall— 

14 ‘‘(I) receive and review reports 

15 from privacy officers and civil liberties 

16 officers described in section 212; and 

17 ‘‘(II) periodically submit, not less 

18 than semiannually, reports to the ap19 propriate committees of Congress, in20 cluding the Committees on the Judici21 ary of the Senate and the House of 

22 Representatives, the Committee on 

23 Homeland Security and Governmental 

24 Affairs of the Senate, the Committee 

25 on Government Reform of the House 


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1 of Representatives, the Select Com2 mittee on Intelligence of the Senate, 

3 and the Permanent Select Committee 

4 on Intelligence of the House of Rep5 resentatives, and to the President. 

6 Such reports shall be in unclassified form 

7 to the greatest extent possible, with a clas8 sified annex where necessary. 

9 ‘‘(ii) CONTENTS.—Not less than 2 re10 ports the Board submits each year under 

11 clause (i)(II) shall include— 

12 ‘‘(I) a description of the major 

13 activities of the Board during the pre14 ceding period; 

15 ‘‘(II) information on the findings, 

16 conclusions, and recommendations of 

17 the Board resulting from its advice 

18 and oversight functions under sub19 section (c); 

20 ‘‘(III) the minority views on any 

21 findings, conclusions, and rec22 ommendations of the Board resulting 

23 from its advice and oversight func24 tions under subsection (c); and 


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1 ‘‘(IV) each proposal reviewed by 

2 the Board under subsection (c)(1) 

3 that the Board advised against imple4 menting, but that notwithstanding 

5 such advice, was implemented. 

6 ‘‘(B) INFORMING THE PUBLIC.—The 

7 Board shall— 

8 ‘‘(i) make its reports, including its re9 ports to Congress, available to the public 

10 to the greatest extent that is consistent 

11 with the protection of classified informa12 tion and applicable law; and 

13 ‘‘(ii) hold public hearings and other14 wise inform the public of its activities, as 

15 appropriate and in a manner consistent 

16 with the protection of classified informa17 tion and applicable law.’’. 

18 (2) PRIVACY AND CIVIL LIBERTIES OFFI19 CERS.—Section 1062 of the Intelligence Reform and 

20 Terrorism Prevention Act of 2004 (Public Law 108– 

21 458; 118 Stat. 3688) is amended to read as follows: 

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

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

24 General, the Secretary of Defense, the Secretary of State, 

25 the Secretary of the Treasury, the Secretary of Health and 


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1 Human Services, the Secretary of Homeland Security, the 

2 National Intelligence Director, the Director of the Central 

3 Intelligence Agency, any other entity within the intel4 ligence community (as defined in section 3 of the National 

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

6 any other department, agency, or element of the executive 

7 branch designated by the Privacy and Civil Liberties Over8 sight Board to be appropriate for coverage under this sec9 tion shall designate not less than 1 senior officer to— 

10 ‘‘(1) assist the head of such department, agen11 cy, or element and other officials of such depart12 ment, agency, or element in appropriately consid13 ering privacy and civil liberties concerns when such 

14 officials are proposing, developing, or implementing 

15 laws, regulations, policies, procedures, or guidelines 

16 related to efforts to protect the Nation against ter17 rorism; 

18 ‘‘(2) periodically investigate and review depart19 ment, agency, or element actions, policies, proce20 dures, guidelines, and related laws and their imple21 mentation to ensure that such department, agency, 

22 or element is adequately considering privacy and 

23 civil liberties in its actions; 

24 ‘‘(3) ensure that such department, agency, or 

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1 tigate, respond to, and redress complaints from indi2 viduals who allege such department, agency, or ele3 ment has violated their privacy or civil liberties; and 

4 ‘‘(4) in providing advice on proposals to retain 

5 or enhance a particular governmental power the offi6 cer shall consider whether such department, agency, 

7 or element has established— 

8 ‘‘(A) that the power actually enhances se9 curity and the need for the power is balanced 

10 with the need to protect privacy and civil lib11 erties; 

12 ‘‘(B) that there is adequate supervision of 

13 the use by such department, agency, or element 

14 of the power to ensure protection of privacy and 

15 civil liberties; and 

16 ‘‘(C) that there are adequate guidelines 

17 and oversight to properly confine its use. 

18 ‘‘(b) EXCEPTION TO DESIGNATION AUTHORITY.— 

19 ‘‘(1) PRIVACY OFFICERS.—In any department, 

20 agency, or element referred to in subsection (a) or 

21 designated by the Board, which has a statutorily 

22 created privacy officer, such officer shall perform the 

23 functions specified in subsection (a) with respect to 

24 privacy. 


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1 ‘‘(2) CIVIL LIBERTIES OFFICERS.—In any de2 partment, agency, or element referred to in sub3 section (a) or designated by the Board, which has a 

4 statutorily created civil liberties officer, such officer 

5 shall perform the functions specified in subsection 

6 (a) with respect to civil liberties. 

7 ‘‘(c) SUPERVISION AND COORDINATION.—Each pri8 vacy officer or civil liberties officer described in subsection 

9 (a) or (b) shall— 

10 ‘‘(1) report directly to the head of the depart11 ment, agency, or element concerned; and 

12 ‘‘(2) coordinate their activities with the Inspec13 tor General of such department, agency, or element 

14 to avoid duplication of effort. 

15 ‘‘(d) AGENCY COOPERATION.—The head of each de16 partment, agency, or element shall ensure that each pri17 vacy officer and civil liberties officer— 

18 ‘‘(1) has the information, material, and re19 sources necessary to fulfill the functions of such offi20 cer; 

21 ‘‘(2) is advised of proposed policy changes; 

22 ‘‘(3) is consulted by decisionmakers; and 

23 ‘‘(4) is given access to material and personnel 

24 the officer determines to be necessary to carry out 

25 the functions of such officer. 


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1 ‘‘(e) REPRISAL FOR MAKING COMPLAINT.—No ac2 tion constituting a reprisal, or threat of reprisal, for mak3 ing a complaint or for disclosing information to a privacy 

4 officer or civil liberties officer described in subsection (a) 

5 or (b), or to the Privacy and Civil Liberties Oversight 

6 Board, that indicates a possible violation of privacy protec7 tions or civil liberties in the administration of the pro8 grams and operations of the Federal Government relating 

9 to efforts to protect the Nation from terrorism shall be 

10 taken by any Federal employee in a position to take such 

11 action, unless the complaint was made or the information 

12 was disclosed with the knowledge that it was false or with 

13 willful disregard for its truth or falsity. 

14 ‘‘(f) PERIODIC REPORTS.— 

15 ‘‘(1) IN GENERAL.—The privacy officers and 

16 civil liberties officers of each department, agency, or 

17 element referred to or described in subsection (a) or 

18 (b) shall periodically, but not less than quarterly, 

19 submit a report on the activities of such officers— 

20 ‘‘(A)(i) to the appropriate committees of 

21 Congress, including the Committee on the Judi22 ciary of the Senate and the Committee on the 

23 Judiciary of the House of Representatives, the 

24 Committee on Homeland Security and Govern25 mental Affairs of the Senate, the Committee on 


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1 Oversight and Government Reform of the 

2 House of Representatives, the Select Committee 

3 on Intelligence of the Senate, and the Perma4 nent Select Committee on Intelligence of the 

5 House of Representatives; 

6 ‘‘(ii) to the head of such department, agen7 cy, or element; and 

8 ‘‘(iii) to the Privacy and Civil Liberties 

9 Oversight Board; and 

10 ‘‘(B) which shall be in unclassified form to 

11 the greatest extent possible, with a classified 

12 annex where necessary. 

13 ‘‘(2) CONTENTS.—Each report submitted under 

14 paragraph (1) shall include information on the dis15 charge of each of the functions of the officer con16 cerned, including— 

17 ‘‘(A) information on the number and types 

18 of reviews undertaken; 

19 ‘‘(B) the type of advice provided and the 

20 response given to such advice; 

21 ‘‘(C) the number and nature of the com22 plaints received by the department, agency, or 

23 element concerned for alleged violations; and 


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1 ‘‘(D) a summary of the disposition of such 

2 complaints, the reviews and inquiries conducted, 

3 and the impact of the activities of such officer. 

4 ‘‘(g) INFORMING THE PUBLIC.—Each privacy officer 

5 and civil liberties officer shall— 

6 ‘‘(1) make the reports of such officer, including 

7 reports to Congress, available to the public to the 

8 greatest extent that is consistent with the protection 

9 of classified information and applicable law; and 

10 ‘‘(2) otherwise inform the public of the activi11 ties of such officer, as appropriate and in a manner 

12 consistent with the protection of classified informa13 tion and applicable law. 

14 ‘‘(h) SAVINGS CLAUSE.—Nothing in this section shall 

15 be construed to limit or otherwise supplant any other au16 thorities or responsibilities provided by law to privacy offi17 cers or civil liberties officers. 

18 ‘‘(i) PROTECTIONS FOR HUMAN RESEARCH SUB19 JECTS.—The Secretary of Homeland Security shall ensure 

20 that the Department of Homeland Security complies with 

21 the protections for human research subjects, as described 

22 in part 46 of title 45, Code of Federal Regulations, or 

23 in equivalent regulations as promulgated by such Sec24 retary, with respect to research that is conducted or sup25 ported by such Department.’’. 


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1 (g) INCLUSION IN PRESIDENT’S BUDGET SUBMIS2 SION TO CONGRESS.—Section 1105(a) of title 31, United 

3 States Code, is amended by adding at the end the fol4 lowing new paragraph: 

5 ‘‘(36) a separate statement of the amount of 

6 appropriations requested for the Privacy and Civil 

7 Liberties Oversight Board.’’. 

8 (h) REPORT; CERTIFICATION.— 

9 (1) REPORT.— 

10 (A) IN GENERAL.—Not later than 30 days 

11 after the date of enactment of this Act, and 

12 every 30 days thereafter, the Attorney General 

13 shall submit to the relevant congressional com14 mittees a report on the extent to which the Ad15 ministration has achieved and implemented the 

16 policy goals of Public Law 108–458 and the 

17 recommendations of the 9/11 Commission re18 garding the implementation of the Privacy and 

19 Civil Liberties Oversight Board. 

20 (B) CONTENTS.—Each report submitted 

21 under subparagraph (A) shall include— 

22 (i) a certification by the Attorney 

23 General that such recommendations have 

24 been implemented and such policy goals 

25 have been achieved; or 


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1 (ii) if the Attorney General is unable 

2 to make the certification described in 

3 clause (i), a description of— 

4 (I) the steps taken to implement 

5 such recommendations and achieve 

6 such policy goals; 

7 (II) when the Attorney General 

8 expects such recommendations to be 

9 implemented and such policy goals to 

10 be achieved; and 

11 (III) any allocation of resources 

12 or other actions by Congress the At13 torney General considers necessary to 

14 implement such recommendations and 

15 achieve such policy goals. 

16 (2) TERMINATION OF DUTY TO REPORT.—The 

17 duty to submit a report under paragraph (1) shall 

18 terminate when the Attorney General submits a cer19 tification pursuant to paragraph (1)(B)(i). 

20 (3) GAO REVIEW OF CERTIFICATION.—If the 

21 Attorney General submits a certification pursuant to 

22 paragraph (1)(B)(i), not later than 30 days after the 

23 submission of such certification, the Comptroller 

24 General shall submit to the relevant congressional 

25 committees a report on whether the recommendaVerDate Aug 31 2005 18:15 Jan 21, 2007 Jkt 059200 PO 00000 Frm 00134 Fmt 6652 Sfmt 6201 E:\BILLS\S328.IS S328

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1 tions described in paragraph (1) have been imple2 mented and whether the policy goals described in 

3 paragraph (1) have been achieved. 

4 SEC. 213. SET PRIVACY GUIDELINES FOR GOVERNMENT 

5 SHARING OF PERSONAL INFORMATION. 

6 (a) REPORT.— 

7 (1) IN GENERAL.—Not later than 30 days after 

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

9 thereafter, the Attorney General shall submit to the 

10 relevant congressional committees a report on the 

11 extent to which the Administration has achieved and 

12 implemented the policy goals of Public Law 108–458 

13 and the recommendations of the 9/11 Commission 

14 regarding the privacy guidelines for government 

15 sharing of personal information. 

16 (2) CONTENTS.—Each report submitted under 

17 paragraph (1) shall include— 

18 (A) a certification by the Attorney General 

19 that such recommendations have been imple20 mented and such policy goals have been 

21 achieved; or 

22 (B) if the Attorney General is unable to 

23 make the certification described in subpara24 graph (A), a description of— 


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1 (i) the steps taken to implement such 

2 recommendations and achieve such policy 

3 goals; 

4 (ii) when the Attorney General ex5 pects such recommendations to be imple6 mented and such policy goals to be 

7 achieved; and 

8 (iii) any allocation of resources or 

9 other actions by Congress the Attorney 

10 General considers necessary to implement 

11 such recommendations and achieve such 

12 policy goals. 

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

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

15 when the Attorney General submits a certification pursu16 ant to subsection (a)(2)(A). 

17 (c) GAO REVIEW OF CERTIFICATION.—If the Attor18 ney General submits a certification pursuant to subsection 

19 (a)(2)(A), not later than 30 days after the submission of 

20 such certification, the Comptroller General shall submit to 

21 the relevant congressional committees a report on whether 

22 the recommendations described in subsection (a) have 

23 been implemented and whether the policy goals described 

24 in subsection (a) have been achieved. 


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1 SEC. 214. DEFINITION OF RELEVANT CONGRESSIONAL 

2 COMMITTEES FOR SUBTITLE. 

3 As used in this subtitle, the term ‘‘relevant commit4 tees’’ means the Committee on Homeland Security of the 

5 House of Representatives, the Committee on Oversight 

6 and Government Reform of the House of Representatives, 

7 the Committee on Homeland Security and Governmental 

8 Affairs of the Senate, the Committee on the Judiciary of 

9 the Senate, the Committee on the Judiciary of the House 

10 of Representatives, the Select Committee on Intelligence 

11 of the Senate, and the Permanent Select Committee on 

12 Intelligence of the House of Representatives. 

13 Subtitle C—Homeland Security 

14 Committees 

15 CHAPTER 1—HOMELAND SECURITY 

16 OVERSIGHT REFORM IN THE SENATE 

17 Subchapter A—Intelligence Oversight Reform 

18 SEC. 221. INTELLIGENCE OVERSIGHT. 

19 (a) COMMITTEE ON ARMED SERVICES MEMBER20 SHIP.—Section 2(a)(3) of Senate Resolution 400, agreed 

21 to May 19, 1976 (94th Congress) (referred to in this sec22 tion as ‘‘S. Res. 400’’) is amended by— 

23 (1) inserting ‘‘(A)’’ after ‘‘(3)’’; and 

24 (2) inserting at the end the following: 

25 ‘‘(B) The Chairman and Ranking Member 

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1 ready a member of the select Committee) shall 

2 be ex officio members of the select Committee 

3 but shall have no vote in the Committee and 

4 shall not be counted for purposes of deter5 mining a quorum.’’. 

6 (b) NUMBER OF MEMBERS.—Section 2(a) of S. Res. 

7 400 is amended— 

8 (1) in paragraph (1), by inserting ‘‘not to ex9 ceed’’ before ‘‘fifteen members’’; 

10 (2) in paragraph (1)(E), by inserting ‘‘not to 

11 exceed’’ before ‘‘seven’’; and 

12 (3) in paragraph (2), by striking the second 

13 sentence and inserting ‘‘Of any members appointed 

14 under paragraph (1)(E), the majority leader shall 

15 appoint the majority members and the minority 

16 leader shall appoint the minority members, with the 

17 majority having a one vote margin.’’. 

18 (c) ELIMINATION OF TERM LIMITS.—Section 2 of 

19 Senate Resolution 400, 94th Congress, agreed to May 19, 

20 1976, is amended by striking subsection (b) and by redes21 ignating subsection (c) as subsection (b). 

22 (d) APPOINTMENT OF CHAIRMAN AND VICE CHAIR23 MAN.—Section 2(b) of S. Res. 400, as redesignated by 

24 subsection (c) of this section, is amended by striking the 

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1 ning of each Congress, the Majority Leader of the Senate 

2 shall select a chairman of the select Committee and the 

3 Minority Leader shall select a vice chairman for the select 

4 Committee.’’. 

5 (e) SUBCOMMITTEES.—Section 2 of S. Res. 400, as 

6 amended by subsections (a) through (d), is amended by 

7 adding at the end the following: 

8 ‘‘(c) The select Committee may be organized into sub9 committees. Each subcommittee shall have a chairman 

10 and a vice chairman who are selected by the Chairman 

11 and Vice Chairman of the select Committee, respectively.’’. 

12 (f) REPORTS.—Section 4(a) of S. Res. 400 is amend13 ed by inserting ‘‘, but not less than quarterly,’’ after ‘‘peri14 odic’’. 

15 (g) STAFF.—Section 15 of S. Res. 400 is amended 

16 to read as follows: 

17 ‘‘SEC. 15. (a) The select Committee shall hire or ap18 point one employee for each member of the select Com19 mittee to serve as such Member’s designated representa20 tive on the select Committee. The select Committee shall 

21 only hire or appoint an employee chosen by the respective 

22 Member of the select Committee for whom the employee 

23 will serve as the designated representative on the select 

24 Committee. 


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1 ‘‘(b) The select Committee shall be afforded a supple2 ment to its budget, to be determined by the Committee 

3 on Rules and Administration, to allow for the hire of each 

4 employee who fills the position of designated representa5 tive to the select Committee. The designated representa6 tive shall have office space and appropriate office equip7 ment in the select Committee spaces, and shall have full 

8 access to select Committee staff, information, records, and 

9 databases. 

10 ‘‘(c) The designated employee shall meet all the re11 quirements of relevant statutes, Senate rules, and com12 mittee clearance requirements for employment by the se13 lect Committee.’’. 

14 (h) NOMINEES.—S. Res. 400 is amended by adding 

15 at the end the following: 

16 ‘‘SEC. 17. (a) The select Committee shall have juris17 diction for reviewing, holding hearings, and voting on civil18 ian persons nominated by the President to fill a position 

19 within the intelligence community that requires the advice 

20 and consent of the Senate. 

21 ‘‘(b) Other committees with jurisdiction over the 

22 nominees’ executive branch department may hold hearings 

23 and interviews with that person.’’. 


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1 Subchapter B—Committee Status 

2 SEC. 231. COMMITTEE STATUS. 

3 The Select Committee on Intelligence shall be treated 

4 as a committee listed under paragraph 2 of rule XXV of 

5 the Standing Rules of the Senate for purposes of the 

6 Standing Rules of the Senate. 

7 Subchapter C—Intelligence-Related 

8 Subcommittees 

9 SEC. 241. SUBCOMMITTEE RELATED TO INTELLIGENCE 

10 OVERSIGHT. 

11 (a) ESTABLISHMENT.—There is established in the 

12 Select Committee on Intelligence of the Senate a Sub13 committee on Oversight which shall be in addition to any 

14 other subcommittee established by the select Committee. 

15 (b) RESPONSIBILITY.—The Subcommittee on Over16 sight shall be responsible for ongoing oversight of intel17 ligence activities. 

18 SEC. 242. SUBCOMMITTEE RELATED TO INTELLIGENCE AP19 PROPRIATIONS. 

20 (a) ESTABLISHMENT.—There is established in the 

21 Committee on Appropriations of the Senate a Sub22 committee on Intelligence. The Subcommittee on Military 

23 Construction shall be combined with the Subcommittee on 

24 Defense into 1 subcommittee. 


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1 (b) JURISDICTION.—The Subcommittee on Intel2 ligence of the Committee on Appropriations shall have ju3 risdiction over funding for intelligence matters. 

4 CHAPTER 2—EFFECTIVE DATE 

5 SEC. 261. EFFECTIVE DATE. 

6 This subtitle shall take effect on the convening of the 

7 111th Congress. 

8 Subtitle D—Declassification of 

9 Overall Intelligence Budget 

10 SEC. 271. AVAILABILITY TO PUBLIC OF CERTAIN INTEL11 LIGENCE FUNDING INFORMATION. 

12 (a) AMOUNTS REQUESTED EACH FISCAL YEAR.— 

13 The President shall disclose to the public for each fiscal 

14 year after fiscal year 2005— 

15 (1) the aggregate amount of appropriations re16 quested in the budget of the President for the fiscal 

17 year concerned for the intelligence and intelligence18 related activities of the United States Government; 

19 and 

20 (2) the aggregate amount of appropriations re21 quested in the budget of the President for the fiscal 

22 year concerned for each element or component of the 

23 intelligence community. 


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1 (b) AMOUNTS APPROPRIATED EACH FISCAL YEAR.— 

2 Congress shall disclose to the public for each fiscal year 

3 after fiscal year 2005— 

4 (1) the aggregate amount of funds appropriated 

5 by Congress for the fiscal year concerned for the in6 telligence and intelligence-related activities of the 

7 United States Government; and 

8 (2) the aggregate amount of funds appropriated 

9 by Congress for the fiscal year concerned for each 

10 element or component of the intelligence community. 

11 Subtitle E—Standardize Security 

12 Clearances 

13 SEC. 282. STANDARDIZATION OF SECURITY CLEARANCES. 

14 (a) REPORT; CERTIFICATION.— 

15 (1) IN GENERAL.—Not later than 30 days after 

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

17 thereafter, the Director of the Office of Personnel 

18 Management, in consultation with the Director of 

19 National Intelligence, the Secretary of Defense, and 

20 the Secretary of Homeland Security, shall submit to 

21 the relevant congressional committees a report on 

22 the recommendations of the 9/11 Commission and 

23 the policy goals of section 3001 of the Intelligence 

24 Reform and Terrorism Prevention Act of 2004 

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1 ances, including with respect to uniform policies and 

2 procedures for the completion of security clearances 

3 and reciprocal recognition of such security clear4 ances among agencies of the United States Govern5 ment. 

6 (2) CONTENTS.—Each report submitted under 

7 paragraph (1) shall include— 

8 (A) a certification by the Director of the 

9 Office of Personnel Management that such rec10 ommendations have been implemented and such 

11 policy goals have been achieved; or 

12 (B) if the Director of the Office of Per13 sonnel Management is unable to make the cer14 tification described in subparagraph (A), a de15 scription of— 

16 (i) the steps taken to implement such 

17 recommendations and achieve such policy 

18 goals; 

19 (ii) when the Director of the Office of 

20 Personnel Management expects such rec21 ommendations to be implemented and such 

22 policy goals to be achieved; and 

23 (iii) any allocation of resources or 

24 other actions by Congress the Director 

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1 ommendations and achieve such policy 

2 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 Office of Personnel Management 

6 submits a certification pursuant to subsection (a)(2)(A). 

7 (c) GAO REVIEW OF CERTIFICATION.—If the Direc8 tor of the Office of Personnel Management submits a cer9 tification pursuant to subsection (a)(2)(A), not later than 

10 30 days after the submission of such certification, the 

11 Comptroller General shall submit to the relevant congres12 sional committees a report on whether the recommenda13 tions described in subsection (a) have been implemented 

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

15 have been achieved. 

16 TITLE III—FOREIGN POLICY, 

17 PUBLIC DIPLOMACY, AND 

18 NONPROLIFERATION 

19 Subtitle A—Foreign Policy 

20 SEC. 301. ACTIONS TO ENSURE A LONG-TERM COMMIT21 MENT TO AFGHANISTAN. 

22 (a) SENSE OF CONGRESS.—It is the sense of Con23 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.— 

9 (1) IN GENERAL.—Not later than 30 days after 

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

11 thereafter, the President shall submit to the relevant 

12 congressional committees a report on the rec13 ommendations of the 9/11 Commission and the pol14 icy goals of section 305 of of the Afghanistan Free15 dom Support Act of 2002 (22 U.S.C. 7555) (as 

16 added by section 7104(e)(4)(A) of the Intelligence 

17 Reform and Terrorism Prevention Act of 2004 

18 (Public Law 108–458)) for ensuring a long-term 

19 commitment to Afghanistan. 

20 (2) CONTENTS.—Each report submitted under 

21 paragraph (1) shall include— 

22 (A) a certification by the President that 

23 such recommendations have been implemented 

24 and such policy goals have been achieved; or 


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1 (B) if the President is unable to make the 

2 certification described in subparagraph (A), a 

3 description of— 

4 (i) the steps taken to implement such 

5 recommendations and achieve such policy 

6 goals; 

7 (ii) when the President expects such 

8 recommendations to be implemented and 

9 such policy goals to be achieved; and 

10 (iii) any allocation of resources or 

11 other actions by Congress the President 

12 considers necessary to implement such rec13 ommendations and achieve such policy 

14 goals. 

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

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

17 when the President submits a certification pursuant to 

18 subsection (b)(2)(A). 

19 (d) GAO REVIEW OF CERTIFICATION.—If the Presi20 dent submits a certification pursuant to subsection 

21 (b)(2)(A), not later than 30 days after the submission of 

22 such certification, the Comptroller General shall submit to 

23 the relevant congressional committees a report on whether 

24 the recommendations described in subsection (b) has been 


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1 implemented and whether the policy goals described in 

2 subsection (b) have been achieved. 

3 (e) DEFINITION.—In this section, the term ‘‘relevant 

4 congressional committees’’ means— 

5 (1) the Committee on Foreign Affairs and the 

6 Committee on Oversight and Government Reform of 

7 the 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. 302. ACTIONS TO SUPPORT PAKISTAN AGAINST EX12 TREMISTS. 

13 (a) SENSE OF CONGRESS.—It is the sense of Con14 gress that— 

15 (1) the commitment of the President to provide 

16 $3 billion in assistance over the next 5 years to 

17 Pakistan should be commended; 

18 (2) the Government of the United States should 

19 provide assistance to Pakistan to improve Pakistan’s 

20 failing basic education system and to emphasize de21 velopment; and 

22 (3) the Government of the United States should 

23 strongly urge the Government of Pakistan to close 

24 Taliban-linked schools known as ‘‘madrassas’’, close 

25 terrorist training camps, and prevent Taliban forces 


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1 from operating across the border between Pakistan 

2 and Afghanistan. 

3 (b) REPORT.—Not later than 90 days after the date 

4 of enactment of this Act, the Secretary of State shall sub5 mit to the Committee on International Relations of the 

6 House of Representatives and the Committee on Foreign 

7 Relations of the Senate a report on efforts by the Govern8 ment of Pakistan take the actions described in subsection 

9 (a)(3). 

10 SEC. 303. ACTIONS TO SUPPORT REFORM IN SAUDI ARABIA. 

11 (a) SENSE OF CONGRESS.—It is the sense of Con12 gress that— 

13 (1) the Government of the United States and 

14 the Government of Saudi Arabia should accelerate 

15 efforts to improve strategic dialogue between the two 

16 countries, increase exchange programs, and promote 

17 pragmatic reforms in Saudi Arabia; and 

18 (2) the Government of Saudi Arabia should 

19 take additional steps to regulate charities and pro20 mote tolerance and moderation. 

21 (b) REPORT; CERTIFICATION.— 

22 (1) IN GENERAL.—Not later than 30 days after 

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

24 thereafter, the Secretary of State shall submit to the 

25 relevant congressional committees a report on the 


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1 recommendations of the 9/11 Commission and the 

2 policy goals of section 7105 of the Intelligence Re3 form and Terrorism Prevention Act of 2004 (Public 

4 Law 108–458) for improving dialogue between the 

5 people and Government of the United States and the 

6 people and Government of Saudi Arabia in order to 

7 improve the relationship between the two countries. 

8 (2) CONTENTS.—Each report submitted under 

9 paragraph (1) shall include— 

10 (A) a certification by the Secretary of 

11 State that such recommendations have been im12 plemented and such policy goals have been 

13 achieved; or 

14 (B) if the Secretary of State is unable to 

15 make the certification described in subpara16 graph (A), a description of— 

17 (i) the steps taken to implement such 

18 recommendations and achieve such policy 

19 goals; 

20 (ii) when the Secretary of State ex21 pects such recommendations to be imple22 mented and such policy goals to be 

23 achieved; and 

24 (iii) any allocation of resources or 

25 other actions by Congress the Secretary of 


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1 State considers necessary to implement 

2 such recommendations and achieve such 

3 policy goals. 

4 (c) TERMINATION OF DUTY TO REPORT.—The duty 

5 to submit a report under subsection (b) shall terminate 

6 when the Secretary of State submits a certification pursu7 ant to subsection (b)(2)(A). 

8 (d) GAO REVIEW OF CERTIFICATION.—If the Sec9 retary of State submits a certification pursuant to sub10 section (b)(2)(A), not later than 30 days after the submis11 sion of such certification, the Comptroller General shall 

12 submit to the relevant congressional committees a report 

13 on whether the recommendations described in subsection 

14 (b) have been implemented and whether the policy goals 

15 described in subsection (b) have been achieved. 

16 (e) DEFINITION.—In this section, the term ‘‘relevant 

17 congressional committees’’ means— 

18 (1) the Committee on Foreign Affairs and the 

19 Committee on Oversight and Government Reform of 

20 the House of Representatives; and 

21 (2) the Committee on Foreign Relations and 

22 the Committee on Homeland Security and Govern23 mental Affairs of the Senate. 


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1 SEC. 304. ELIMINATION OF TERRORIST SANCTUARIES. 

2 (a) NATIONAL COUNTERTERRORISM CENTER IDEN3 TIFICATION OF TERRORIST SANCTUARIES.—Subsection 

4 (d) of section 119 of National Security Act of 1947 (50 

5 U.S.C. 404o) is amended by adding at the end the fol6 lowing new paragraph: 

7 ‘‘(7) To identify each country whose territory is 

8 being used as a sanctuary for terrorists or terrorist 

9 organizations and each country whose territory may 

10 potentially be used as a sanctuary for terrorists or 

11 terrorist organizations and to develop a comprehen12 sive strategy to eliminate terrorist sanctuaries.’’. 

13 (b) REPORT.—Such section is further amended by 

14 adding at the end the following new subsection: 

15 ‘‘(k) REPORT ON TERRORIST SANCTUARIES.—Not 

16 later than 90 days after the date of enactment of this Act, 

17 and annually thereafter, the Director of the National 

18 Counterterrorism Center shall submit to the Committee 

19 on International Relations, the Permanent Select Com20 mittee on Intelligence, the Committee on Homeland Secu21 rity, and the Committee on Government Reform of the 

22 House of Representatives and the Committee on Foreign 

23 Relations, the Select Committee on Intelligence, and the 

24 Committee on Homeland Security and Governmental Af25 fairs of the Senate a report on terrorist sanctuaries, in26 cluding a description of the— 


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1 ‘‘(1) countries whose territory is being used as 

2 a sanctuary for terrorists or terrorist organizations; 

3 ‘‘(2) countries whose territory may potentially 

4 be used as a sanctuary for terrorists or terrorist or5 ganizations; 

6 ‘‘(3) strategy to eliminate each such sanctuary; 

7 and 

8 ‘‘(4) progress that has been made in accom9 plishing such strategy.’’. 

10 SEC. 305. COMPREHENSIVE COALITION STRATEGY AGAINST 

11 ISLAMIST TERRORISM. 

12 (a) SENSE OF CONGRESS.—It is the sense of Con13 gress that the United States— 

14 (1) should continue to engage other countries in 

15 developing a comprehensive coalition strategy 

16 against Islamist terrorism; and 

17 (2) should use a broader approach to target the 

18 roots of terrorism, including developing strategies 

19 with other countries to encourage reform efforts in 

20 Saudi Arabia and Pakistan, improving educational 

21 and economic opportunities in Muslim countries, 

22 identifying and eliminating terrorist sanctuaries, and 

23 making progress in the Arab-Israeli peace process. 

24 (b) REPORT; CERTIFICATION.— 


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1 (1) IN GENERAL.—Not later than 30 days after 

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

3 thereafter, the Secretary of State shall submit to the 

4 relevant congressional committees a report on the 

5 recommendations of the 9/11 Commission and the 

6 policy goals of section 7117 of the Intelligence Re7 form and Terrorism Prevention Act of 2004 (Public 

8 Law 108–458) for engaging other countries in devel9 oping a comprehensive coalition strategy for com10 bating terrorism. 

11 (2) CONTENTS.—Each report submitted under 

12 paragraph (1) shall include— 

13 (A) a certification by the Secretary of 

14 State that such recommendations have been im15 plemented and such policy goals have been 

16 achieved; or 

17 (B) if the Secretary of State is unable to 

18 make the certification described in subpara19 graph (A), a description of— 

20 (i) the steps taken to implement such 

21 recommendations and achieve such policy 

22 goals; 

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1 mented and such policy goals to be 

2 achieved; and 

3 (iii) any allocation of resources or 

4 other actions by Congress the Secretary of 

5 State considers necessary to implement 

6 such recommendations and achieve such 

7 policy goals. 

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

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

10 when the Secretary of State submits a certification pursu11 ant to subsection (b)(2)(A). 

12 (d) GAO REVIEW OF CERTIFICATION.—If the Sec13 retary of State submits a certification pursuant to sub14 section (b)(2)(A), not later than 30 days after the submis15 sion of such certification, the Comptroller General shall 

16 submit to the relevant congressional committees a report 

17 on whether the recommendations described in subsection 

18 (b) have been implemented and whether the policy goals 

19 described in subsection (b) have been achieved. 

20 (e) DEFINITION.—In this section, the term ‘‘relevant 

21 congressional committees’’ means— 

22 (1) the Committee on Foreign Affairs and the 

23 Committee on Oversight and Government Reform of 

24 the 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. 306. STANDARDS FOR THE DETENTION AND HUMANE 

5 TREATMENT OF CAPTURED TERRORISTS. 

6 (a) REPORT; CERTIFICATION.— 

7 (1) IN GENERAL.—Not later than 30 days after 

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

9 thereafter, the Secretary of State, in consultation 

10 with the Attorney General, shall submit to the rel11 evant congressional committees a report on the rec12 ommendations of the 9/11 Commission for engaging 

13 United States allies to develop a common coalition 

14 approach toward the detention and humane treat15 ment of captured terrorists and the policy goals of 

16 sections 1002, 1003, and 1005 of the Department of 

17 Defense, Emergency Supplemental Appropriations to 

18 Address Hurricanes in the Gulf of Mexico, and Pan19 demic Influenza Act, 2006 (Public Law 109–148). 

20 (2) CONTENTS.—Each report submitted under 

21 paragraph (1) shall include— 

22 (A) a certification by the Secretary of 

23 State that such recommendations have been im24 plemented and such policy goals have been 

25 achieved; or 


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1 (B) if the Secretary of State is unable to 

2 make the certification described in subpara3 graph (A), a description of— 

4 (i) the steps taken to implement such 

5 recommendations and achieve such policy 

6 goals; 

7 (ii) when the Secretary of State ex8 pects such recommendations to be imple9 mented and such policy goals to be 

10 achieved; and 

11 (iii) any allocation of resources or 

12 other actions by Congress the Secretary of 

13 State considers necessary to implement 

14 such recommendations and achieve such 

15 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)(2)(A). 

20 (c) GAO REVIEW OF CERTIFICATION.—If the Sec21 retary of State submits a certification pursuant to sub22 section (a)(2)(A), not later than 30 days after the submis23 sion of such certification, the Comptroller General shall 

24 submit to the relevant congressional committees a report 

25 on whether the recommendations described in subsection 


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

2 described in subsection (a) have been achieved. 

3 (d) DEFINITION.—In this section, the term ‘‘relevant 

4 congressional committees’’ means— 

5 (1) the Committee on Foreign Affairs, the 

6 Committee on Armed Services, and the Committee 

7 on Oversight and Government Reform of the House 

8 of Representatives; 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.— 

16 (1) IN GENERAL.—Not later than 30 days after 

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

18 thereafter, the Secretary of State, in consultation 

19 with the United States Trade Representative, shall 

20 submit to the relevant congressional committees a 

21 report on the recommendations of the 9/11 Commis22 sion and the policy goals of section 7115 of the In23 telligence Reform and Terrorism Prevention Act of 

24 2004 (Public Law 108–458) for developing economic 

25 policies to combat terrorism. 


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1 (2) CONTENTS.—Each report submitted under 

2 paragraph (1) shall include— 

3 (A) a certification by the Secretary of 

4 State that such recommendations have been im5 plemented and such policy goals have been 

6 achieved, including a description of the extent 

7 to which the policy goals of paragraphs (1) 

8 through (4) of section 7115(b) of the Intel9 ligence Reform and Terrorism Prevention Act 

10 of 2004 have been achieved; or 

11 (B) if the Secretary of State is unable to 

12 make the certification described in subpara13 graph (A), a description of— 

14 (i) the steps taken to implement such 

15 recommendations and achieve such policy 

16 goals; 

17 (ii) when the Secretary of State ex18 pects such recommendations to be imple19 mented and such policy goals to be 

20 achieved; and 

21 (iii) any allocation of resources or 

22 other actions by Congress the Secretary of 

23 State considers necessary to implement 

24 such recommendations and achieve such 

25 policy goals. 


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

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

3 when the Secretary of State submits a certification pursu4 ant to subsection (a)(2)(A). 

5 (c) GAO REVIEW OF CERTIFICATION.—If the Sec6 retary of State submits a certification pursuant to sub7 section (a)(2)(A), not later than 30 days after the submis8 sion of such certification, the Comptroller General shall 

9 submit to the relevant congressional committees a report 

10 on whether the recommendations described in subsection 

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

12 described in subsection (a) have been achieved. 

13 (d) DEFINITION.—In this section, the term ‘‘relevant 

14 congressional committees’’ means— 

15 (1) the Committee on Foreign Affairs and the 

16 Committee on Oversight and Government Reform of 

17 the House of Representatives; and 

18 (2) the Committee on Foreign Relations and 

19 the Committee on Homeland Security and Govern20 mental Affairs of the Senate. 

21 SEC. 308. ACTIONS TO ENSURE VIGOROUS EFFORTS 

22 AGAINST TERRORIST FINANCING. 

23 (a) FINDINGS.—Congress finds the following: 


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1 (1) Financial institutions have too little infor2 mation about money laundering and terrorist financ3 ing compliance in other markets. 

4 (2) The current Financial Action Task Force 

5 designation system does not adequately represent 

6 the progress countries are making in combatting 

7 money laundering. 

8 (3) Lack of information about the compliance 

9 of countries with anti-money laundering standards 

10 exposes United States financial markets to excessive 

11 risk. 

12 (4) Failure to designate countries that fail to 

13 make progress in combatting terrorist financing and 

14 money laundering eliminates incentives for internal 

15 reform. 

16 (5) The Secretary of the Treasury has an af17 firmative duty to provide to financial institutions 

18 and examiners the best possible information on com19 pliance with anti-money laundering and terrorist fi20 nancing initiatives in other markets. 

21 (b) REPORT.— 

22 (1) IN GENERAL.—Not later than March 1 of 

23 each year, the Secretary of the Treasury shall sub24 mit to relevant congressional committees a report 

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1 try against money laundering and states whether 

2 that country is a country of primary money laun3 dering concern under section 5318A of title 31, 

4 United States Code. 

5 (2) CONTENTS.—Each report submitted under 

6 paragraph (1) shall include— 

7 (A) information on the effectiveness of 

8 each country in meeting its standards against 

9 money laundering; 

10 (B) a determination of whether that the ef11 forts of that country to combat money laun12 dering and terrorist financing are adequate, im13 proving, or inadequate; and 

14 (C) the efforts made by the Secretary to 

15 provide to the government of each such country 

16 of concern technical assistance to cease the ac17 tivities that were the basis for the determina18 tion that the country was of primary money 

19 laundering concern. 

20 (c) DISSEMINATION OF INFORMATION IN REPORT.— 

21 The Secretary of the Treasury shall make available to the 

22 Federal Financial Institutions Examination Council for 

23 incorporation into the examination process, in consultation 

24 with Federal banking agencies, and to financial institu25 tions the information contained in the report submitted 


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1 under subsection (b). Such information shall be made 

2 available to financial institutions without cost. 

3 (d) DEFINITIONS.—In this section: 

4 (1) FINANCIAL INSTITUTION.—The term ‘‘fi5 nancial institution’’ has the meaning given that term 

6 in section 5312(a)(2) of title 31, United States 

7 Code. 

8 (2) RELEVANT CONGRESSIONAL COMMIT9 TEES.—The term ‘‘relevant congressional commit10 tees’’ means— 

11 (A) the Committee on Financial Services, 

12 the Committee on Oversight and Government 

13 Reform, and the Committee on the Judiciary of 

14 the House of Representatives; and 

15 (B) the Committee on Banking, Housing, 

16 and Urban Affairs, the Committee on Home17 land Security and Governmental Affairs, and 

18 the Committee on the Judiciary of the Senate. 

19 Subtitle B—Public Diplomacy 

20 SEC. 311. PUBLIC DIPLOMACY RESPONSIBILITIES OF THE 

21 DEPARTMENT OF STATE AND PUBLIC DIPLO22 MACY TRAINING OF MEMBERS OF THE FOR23 EIGN SERVICE. 

24 (a) REPORT; CERTIFICATION.— 


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1 (1) IN GENERAL.—Not later than 30 days after 

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

3 thereafter, the Secretary of State shall submit to the 

4 relevant congressional committees a report on the 

5 recommendations of the 9/11 Commission and the 

6 policy goals of sections 7109 and 7110 the Intel7 ligence Reform and Terrorism Prevention Act of 

8 2004 (Public Law 108–458), and the amendments 

9 made by such sections, regarding the public diplo10 macy responsibilities of the Department of State and 

11 public diplomacy training of members of the Foreign 

12 Service. 

13 (2) CONTENTS.—Each report submitted under 

14 paragraph (1) shall include— 

15 (A) a certification by the Secretary of 

16 State that such recommendations have been im17 plemented and such policy goals have been 

18 achieved; or 

19 (B) if the Secretary of State is unable to 

20 make the certification described in subpara21 graph (A), a description of— 

22 (i) the steps taken to implement such 

23 recommendations and achieve such policy 

24 goals; 


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1 (ii) when the Secretary of State ex2 pects such recommendations to be imple3 mented and such policy goals to be 

4 achieved; and 

5 (iii) any allocation of resources or 

6 other actions by Congress the Secretary of 

7 State considers necessary to implement 

8 such recommendations and achieve such 

9 policy goals. 

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

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

12 when the Secretary of State submits a certification pursu13 ant to subsection (a)(2)(A). 

14 (c) GAO REVIEW OF CERTIFICATION.—If the Sec15 retary of State submits a certification pursuant to sub16 section (a)(2)(A), not later than 30 days after the submis17 sion of such certification, the Comptroller General shall 

18 submit to the relevant congressional committees a report 

19 on whether the recommendations described in subsection 

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

21 described in subsection (a) have been achieved. 

22 (d) DEFINITION.—In this section, the term ‘‘relevant 

23 congressional committees’’ means— 


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1 (1) the Committee on Foreign Affairs and the 

2 Committee on Oversight and Government Reform of 

3 the 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. 312. INTERNATIONAL BROADCASTING. 

8 (a) REPORT.—Not later than 90 days after the date 

9 of enactment of this Act, the Broadcasting Board of Gov10 ernors shall submit to the relevant congressional commit11 tees a report on— 

12 (1) the activities of Radio Sawa and Radio Al13 Hurra; and 

14 (2) the extent to which the activities of Radio 

15 Sawa and Radio Al-Hurra have been successful, in16 cluding an analysis of impact of the activities on the 

17 audience and audience demographics and whether or 

18 not funding is adequate to carry out the activities. 

19 (b) DEFINITION.—In this section, the term ‘‘relevant 

20 congressional committees’’ means— 

21 (1) the Committee on Foreign Affairs and the 

22 Committee on Oversight and Government Reform of 

23 the 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.— 

8 (1) IN GENERAL.—Not later than 30 days after 

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

10 thereafter, the Secretary of State shall submit to the 

11 relevant congressional committees a report on the 

12 recommendations of the 9/11 Commission and the 

13 policy goals of sections 7112 of the Intelligence Re14 form and Terrorism Prevention Act of 2004 (Public 

15 Law 108–458) for expanding United States scholar16 ship, exchange, and library programs in the Islamic 

17 world. 

18 (2) CONTENTS.—Each report submitted under 

19 paragraph (1) shall include— 

20 (A) a certification by the Secretary of 

21 State that such recommendations have been im22 plemented and such policy goals have been 

23 achieved; or 


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1 (B) if the Secretary of State is unable to 

2 make the certification described in subpara3 graph (A), a description of— 

4 (i) the steps taken to implement such 

5 recommendations and achieve such policy 

6 goals; 

7 (ii) when the Secretary of State ex8 pects such recommendations to be imple9 mented and such policy goals to be 

10 achieved; and 

11 (iii) any allocation of resources or 

12 other actions by Congress the Secretary of 

13 State considers necessary to implement 

14 such recommendations and achieve such 

15 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)(2)(A). 

20 (c) GAO REVIEW OF CERTIFICATION.—If the Sec21 retary of State submits a certification pursuant to sub22 section (a)(2)(A), not later than 30 days after the submis23 sion of such certification, the Comptroller General shall 

24 submit to the relevant congressional committees a report 

25 on whether the recommendations described in subsection 


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

2 described in subsection (a) have been achieved. 

3 (d) DEFINITION.—In this section, the term ‘‘relevant 

4 congressional committees’’ means— 

5 (1) the Committee on Foreign Affairs and the 

6 Committee on Oversight and Government Reform of 

7 the House of Representatives; and 

8 (2) the Committee on Foreign Relations and 

9 the Committee on Homeland Security and Govern10 mental Affairs of the Senate. 

11 SEC. 314. INTERNATIONAL YOUTH OPPORTUNITY FUND. 

12 (a) SENSE OF CONGRESS.—It is the sense of Con13 gress that— 

14 (1) the Middle East Partnership Initiative 

15 (MEPI) and the United States Agency for Inter16 national Development should be commended for ini17 tiating programs in predominantly Muslim countries 

18 to support secular education improvements and the 

19 teaching of English, including programs that focus 

20 on the education of women; 

21 (2) the secular education programs of MEPI 

22 and the United States Agency for International De23 velopment are a constructive start to answering the 

24 challenge of secular education in predominantly 

25 Muslim countries; 


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1 (3) the secular education programs of MEPI 

2 and the United States Agency for International De3 velopment should be components of an overall strat4 egy for educational assistance—itself one component 

5 of an overall United States strategy for 

6 counterterrorism—targeted where the need and the 

7 benefit to the national security of the United States 

8 are greatest; and 

9 (4) upon formation of a broader strategy for 

10 international educational assistance targeted toward 

11 the Middle East, a significant increase in funding 

12 for these initiatives should be provided. 

13 (b) INTERNATIONAL YOUTH OPPORTUNITY FUND.— 

14 There are authorized to be appropriated to the Secretary 

15 of State $50,000,000 for each of the fiscal years 2008 and 

16 2009 to support the establishment of an International 

17 Youth Opportunity Fund pursuant to section 7114 of the 

18 Intelligence Reform and Terrorism Prevention Act of 

19 2004 (Public Law 108–458). 

20 Subtitle C—Nonproliferation 

21 SEC. 321. SHORT TITLE. 

22 This subtitle may be cited as the ‘‘Omnibus Non23 proliferation and Anti-Nuclear Terrorism Act of 2007’’. 

24 SEC. 322. FINDINGS. 

25 Congress finds the following: 


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1 (1) LOOSE NUCLEAR WEAPONS AND MATERIALS

2 IN THE FORMER SOVIET UNION.— 

3 (A) There are in the world today enormous 

4 stockpiles of nuclear weapons and the materials 

5 required to make them. Counting materials 

6 both in assembled warheads and in other forms, 

7 worldwide totals are estimated to encompass 

8 some 1,900 tons of highly enriched uranium 

9 (enough for 143,000 nuclear weapons) and 

10 1,855 tons of plutonium (enough for 330,000 

11 nuclear weapons). 

12 (B) The Russian Federation alone is esti13 mated to have over 1,000 tons of highly en14 riched uranium (enough for over 80,000 nuclear 

15 weapons) and 140 tons of plutonium (enough 

16 for over 30,000 nuclear weapons). 

17 (C) The United States has been working 

18 for over a decade to eliminate stockpiles of loose 

19 nuclear weapons and materials in the former 

20 Soviet Union, but the Department of Energy 

21 acknowledges that there is still a need to prop22 erly secure about 460 tons of weapons-usable 

23 Russian nuclear material (outside of warheads), 

24 enough for more than 35,000 nuclear weapons. 


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1 (D) A recent report by the Central Intel2 ligence Agency faulted the security of nuclear 

3 arsenal facilities in the Russian Federation and 

4 assessed that ‘‘undetected smuggling has oc5 curred’’. 

6 (E) There are at least 18 documented inci7 dents of ‘‘proliferation significant’’ fissile mate8 rial trafficking from facilities in the former So9 viet Union between 1991 and 2001. In one inci10 dent in 1998, an inside conspiracy at a Russian 

11 nuclear weapons facility attempted to steal 18.5 

12 kilograms of highly enriched uranium. In an13 other incident, 2 kilograms of highly enriched 

14 uranium taken from a research facility in 

15 Sukhumi, Georgia, has never been recovered. 

16 (F) In May 1994, German police found a 

17 small but worrisome quantity of supergrade 

18 plutonium in the garage of Adolf Jackle. Ex19 tremely expensive to produce, this rare item 

20 was likely stolen from one of Russia’s two pre21 mier nuclear weapons laboratories. 

22 (G) Comprehensive security upgrades are 

23 not yet completed at 90 percent of Russian nu24 clear warhead bunkers for Russia’s Strategic 

25 Rocket Forces. 


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1 (H) Border security in the former Soviet 

2 Union is inconsistent at best. Existing infra3 structure helps at the outer borders of the 

4 former Soviet Union but many borders internal 

5 to the former Soviet Union, such as the border 

6 between Kazakhstan and the Russian Federa7 tion, exist only on a map. 

8 (2) LOOSE NUCLEAR MATERIALS AROUND THE

9 GLOBE.— 

10 (A) Dangerous caches of weapons-usable 

11 nuclear materials, much of it poorly secured 

12 and vulnerable to theft, exist in a multitude of 

13 facilities around the world. For example, there 

14 are over 130 research reactors in over 40 coun15 tries that house highly enriched uranium, some 

16 with enough to manufacture an atomic bomb. 

17 In total, about 40 tons of highly enriched ura18 nium, enough for over 1,000 nuclear weapons, 

19 is estimated to remain in civilian research reac20 tors. 

21 (B) Over the last 50 years, the United 

22 States is known to have exported about 27.5 

23 tons of highly enriched uranium to 43 countries 

24 to help develop nuclear power production or bol25 ster scientific initiatives. In 1996, the United 


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1 States began an effort to recover the more than 

2 17.5 tons of the nuclear material that was still 

3 overseas, but has recovered only about 1 ton, 

4 according to the Department of Energy and the 

5 Government Accountability Office. 

6 (C) It is especially important to keep high7 ly enriched uranium out of terrorists’ hands be8 cause, with minimal expertise, they could use it 

9 to make the simplest, gun-type nuclear weapon, 

10 a device in which a high explosive is used to 

11 blow 1 subcritical piece of highly enriched ura12 nium from 1 end of a tube into another subcrit13 ical piece held at the opposite end of the tube. 

14 (D) To Osama bin Laden, acquiring weap15 ons of mass destruction is a ‘‘religious duty’’. 

16 Al Qaeda and more than 2 dozen other terrorist 

17 groups are pursuing capability to use weapons 

18 of mass destruction. 

19 (E) Osama bin Laden’s press spokesman, 

20 Sulaiman Abu Ghaith, has announced that the 

21 group aspires ‘‘to kill 4 million Americans, in22 cluding 1 million children,’’ in response to cas23 ualties supposedly inflicted on Muslims by the 

24 United States and Israel. 


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1 (F) Al Qaeda documents recovered in Af2 ghanistan reveal a determined research effort 

3 focused on nuclear weapons. 

4 (3) SECURITY STANDARDS FOR ALL NUCLEAR

5 WEAPONS AND MATERIALS.— 

6 (A) There are no international binding 

7 standards for the secure handling and storage 

8 of nuclear weapons and materials. 

9 (B) Making a nuclear weapon requires only 

10 4 to 5 kilograms of plutonium or 12 to 15 kilo11 grams of highly enriched uranium. 

12 (C) In October 2001, the United States 

13 Government became very concerned that Al 

14 Qaeda may have smuggled a 10-kiloton Russian 

15 nuclear warhead into New York City. If placed 

16 in lower Manhattan, such a device would prob17 ably kill 100,000 people instantly, seriously in18 jure tens of thousands more, and render the en19 tire area uninhabitable for decades to come. 

20 (4) RUSSIA’S NUCLEAR EXPERTISE.— 

21 (A) Employment at the large nuclear facili22 ties in the Russian Federation’s 10 closed nu23 clear cities is estimated to be in the range of 

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1 mately 75,000 were employed on nuclear weap2 ons-related work. 

3 (B) Poor wages and living conditions in 

4 Russian ‘‘nuclear cities’’ have inspired protests 

5 and strikes among the employees working in 

6 them. 

7 (C) Insiders have been caught attempting 

8 to smuggle nuclear materials out of these facili9 ties, presumably to sell on the lucrative black 

10 market. 

11 SEC. 323. ESTABLISHMENT OF OFFICE OF NONPROLIFERA12 TION PROGRAMS IN THE EXECUTIVE OFFICE 

13 OF THE PRESIDENT. 

14 (a) ESTABLISHMENT.—There is established in the 

15 Executive Office of the President an Office of Non16 proliferation Programs (in this section referred to as the 

17 ‘‘Office’’). 

18 (b) DIRECTOR; ASSOCIATE DIRECTORS.—There shall 

19 be at the head of the Office a Director who shall be ap20 pointed by the President, by and with the advice and con21 sent of the Senate, and who shall be compensated at the 

22 rate provided for level II of the Executive Schedule in sec23 tion 5313 of title 5, United States Code, The President 

24 is authorized to appoint not more than 4 Associate Direc25 tors, by and with the advice and consent of the Senate, 


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1 who shall be compensated at a rate not to exceed that pro2 vided for level III of the Executive Schedule in section 

3 5314 of such title. Associate Directors shall perform such 

4 functions as the Director may prescribe. 

5 (c) PRIMARY FUNCTIONS OF DIRECTOR.— 

6 (1) IN GENERAL.—The primary function of the 

7 Director is to coordinate and lead— 

8 (A) efforts by the United States to curb 

9 terrorist access to nuclear technology, mate10 rials, or expertise; and 

11 (B) other United States nonproliferation 

12 activities, including nuclear nonproliferation ac13 tivities and activities to counter other weapons 

14 of mass destruction. 

15 (2) SPECIFIC FUNCTIONS.—In addition to such 

16 other functions and activities as the President may 

17 assign, the Director shall— 

18 (A) advise the President, and others within 

19 the Executive Office of the President, on the 

20 role and effect of such nonproliferation activi21 ties on national security and international rela22 tions; 

23 (B) lead the development and implementa24 tion of a plan (including appropriate budgets, 

25 other resources, goals, and metrics for assessing 


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1 progress) to ensure that all the highest-priority 

2 actions to prevent terrorists from getting and 

3 using nuclear weapons are taken in the shortest 

4 possible time, including but not limited to a 

5 fast-paced global effort to ensure that every nu6 clear warhead and every kilogram of weapons7 usable nuclear material worldwide is secured 

8 and accounted for, to standards sufficient to de9 feat demonstrated terrorist and criminal 

10 threats, as rapidly as that objective can be ac11 complished; 

12 (C) identify obstacles to accelerating and 

13 strengthening efforts to prevent terrorists from 

14 getting and using nuclear weapons, and raise 

15 approaches to overcoming these obstacles for 

16 action by the President or other appropriate of17 ficials; 

18 (D) lead an effort, to be carried out jointly 

19 by the various Federal agencies responsible for 

20 carrying out such nonproliferation activities, to 

21 establish priorities among those activities and 

22 to develop and implement strategies and budg23 ets that reflect those priorities; 

24 (E) build strong partnerships with respect 

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1 eral, State, and local governments, foreign gov2 ernments, international organizations, and non3 governmental organizations; and 

4 (F) evaluate the scale, quality, and effec5 tiveness of the Federal effort with respect to 

6 such nonproliferation activities and advise on 

7 appropriate actions. 

8 SEC. 324. REMOVAL OF RESTRICTIONS ON COOPERATIVE 

9 THREAT REDUCTION PROGRAMS. 

10 (a) REPEAL OF RESTRICTIONS.— 

11 (1) RESTRICTIONS ON ASSISTANCE IN DE12 STROYING FORMER SOVIET WEAPONS.—Section 

13 211(b) of the Soviet Nuclear Threat Reduction Act 

14 of 1991 (22 U.S.C. 2551 note) is repealed. 

15 (2) RESTRICTIONS ON AUTHORITY TO CARRY

16 OUT CTR PROGRAMS.—Section 1203(d) of the Coop17 erative Threat Reduction Act of 1993 (title XII of 

18 Public Law 103–160; 22 U.S.C. 5952(d)) is re19 pealed. 

20 (3) LIMITATION ON USE OF FUNDS FOR CHEM21 ICAL WEAPONS DESTRUCTION.—Section 1305 of the 

22 National Defense Authorization Act for Fiscal Year 

23 2000 (22 U.S.C. 5952 note) is repealed. 

24 (b) EXEMPTION FROM LIMITATIONS.—Cooperative 

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1 standing any other provision of law, subject to congres2 sional notification and reporting requirements that apply 

3 to the use of funds available for Cooperative Threat Re4 duction programs or the carrying out of projects or activi5 ties under such programs. 

6 (c) INAPPLICABILITY OF OTHER RESTRICTIONS.— 

7 Section 502 of the Freedom for Russia and Emerging 

8 Eurasian Democracies and Open Markets Support Act of 

9 1992 (22 U.S.C. 5852) shall not apply to any Cooperative 

10 Threat Reduction program. 

11 SEC. 325. REMOVAL OF RESTRICTIONS ON DEPARTMENT 

12 OF ENERGY NONPROLIFERATION PROGRAMS. 

13 Section 4301 of the Atomic Energy Defense Act (50 

14 U.S.C. 2561) is repealed. 

15 SEC. 326. MODIFICATIONS OF AUTHORITY TO USE COOPER16 ATIVE THREAT REDUCTION PROGRAM FUNDS 

17 OUTSIDE THE FORMER SOVIET UNION. 

18 Section 1308 of the National Defense Authorization 

19 Act for Fiscal Year 2004 (Public Law 108–136; 117 Stat. 

20 1662; 22 U.S.C. 5963) is amended— 

21 (1) by striking ‘‘President’’ each place it ap22 pears and inserting ‘‘Secretary of Defense’’; 

23 (2) in subsection (a), by striking ‘‘each of the 

24 following’’ and all that follows through the period at 


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1 the end and inserting the following: ‘‘that such 

2 project or activity will— 

3 ‘‘(1) assist the United States in the resolution 

4 of a critical emerging proliferation threat; or 

5 ‘‘(2) permit the United States to take advan6 tage of opportunities to achieve long-standing non7 proliferation goals.’’; 

8 (3) by striking subsections (c) and (d); and 

9 (4) by redesignating subsection (e) as sub10 section (c). 

11 SEC. 327. MODIFICATIONS OF AUTHORITY TO USE INTER12 NATIONAL NUCLEAR MATERIALS PROTEC13 TION AND COOPERATION PROGRAM FUNDS 

14 OUTSIDE THE FORMER SOVIET UNION. 

15 Section 3124 of the National Defense Authorization 

16 Act for Fiscal Year 2004 (Public Law 108–136; 117 Stat. 

17 1747) is amended— 

18 (1) by striking ‘‘President’’ each place it ap19 pears and inserting ‘‘Secretary of Energy’’; 

20 (2) in subsection (a), by striking ‘‘each of the 

21 following’’ and all that follows through the period at 

22 the end and inserting the following: ‘‘that such 

23 project or activity will— 

24 ‘‘(1) assist the United States in the resolution 

25 of a critical emerging proliferation threat; or 


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1 ‘‘(2) permit the United States to take advan2 tage of opportunities to achieve long-standing non3 proliferation goals.’’; 

4 (3) by striking subsections (c) and (d); and 

5 (4) by redesignating subsection (e) as sub6 section (c). 

7 SEC. 328. SPECIAL REPORTS ON ADHERENCE TO ARMS 

8 CONTROL AGREEMENTS AND NON9 PROLIFERATION COMMITMENTS. 

10 (a) REPORTS REQUIRED.—At least annually, the 

11 Secretary of State shall submit to the appropriate congres12 sional committees a report on each country in which a Co13 operative Threat Reduction program is being carried out, 

14 describing that country’s commitments to— 

15 (1) making substantial national investments in 

16 infrastructure to secure, safeguard, and destroy 

17 weapons of mass destruction; 

18 (2) forgoing any military modernization exceed19 ing legitimate defense requirements, including re20 placement of weapons of mass destruction; 

21 (3) forgoing any use of fissionable materials or 

22 any other components of deactivated nuclear weap23 ons in a new nuclear weapons program; 

24 (4) complying with all relevant arms control 

25 agreements; 


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1 (5) adopting and enforcing national and inter2 national export controls over munitions and dual-use 

3 items; and 

4 (6) facilitating the verification by the United 

5 States and international community of that coun6 try’s compliance with such commitments. 

7 (b) FORM.—The report required under subsection (a) 

8 may be submitted with the report required under section 

9 403 of the Arms Control and Disarmament Act (22 

10 U.S.C. 2593a). 

11 SEC. 329. PRESIDENTIAL REPORT ON IMPEDIMENTS TO 

12 CERTAIN NONPROLIFERATION ACTIVITIES. 

13 Not later than 90 days after the date of the enact14 ment of this Act, the President shall submit to the appro15 priate congressional committees a report identifying im16 pediments (including liability concerns, taxation issues, ac17 cess rights, and other impediments) to— 

18 (1) the ongoing renegotiation of the umbrella 

19 agreement relating to Cooperative Threat Reduction; 

20 and 

21 (2) the ongoing negotiations for the implemen22 tation of the Plutonium Disposition Program, the 

23 Nuclear Cities Initiative, and other defense nuclear 

24 nonproliferation programs. 


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1 SEC. 330. ENHANCEMENT OF GLOBAL THREAT REDUCTION 

2 INITIATIVE. 

3 Section 3132 of the Ronald W. Reagan National De4 fense Authorization Act for Fiscal Year 2005 (Public Law 

5 108–375; 118 Stat. 2166; 50 U.S.C. 2569) is amended— 

6 (1) in subsection (b)— 

7 (A) in the subsection heading, by striking 

8 ‘‘PROGRAM AUTHORIZED’’ and inserting ‘‘PRO9 GRAM REQUIRED’’; and 

10 (B) by striking ‘‘The Secretary of Energy 

11 may’’ and inserting ‘‘The President, acting 

12 through the Secretary of Energy, shall’’; and 

13 (2) in subsection (c)(1), by adding at the end 

14 the following new subparagraph: 

15 ‘‘(N) Take such other actions as may be nec16 essary to effectively implement the Global Threat 

17 Reduction Initiative.’’. 

18 SEC. 331. EXPANSION OF PROLIFERATION SECURITY INI19 TIATIVE. 

20 (a) SENSE OF CONGRESS RELATING TO PROLIFERA21 TION SECURITY INITIATIVE.—It is the sense of the Con22 gress that— 

23 (1) the President should strive to expand and 

24 strengthen the Proliferation Security Initiative an25 nounced by the President on May 31, 2003, placing 


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1 particular emphasis on including countries outside of 

2 NATO; and 

3 (2) the United States should engage the United 

4 Nations to develop a Security Council Resolution to 

5 authorize the Proliferation Security Initiative under 

6 international law, including by providing legal au7 thority to stop shipments of weapons of mass de8 struction, their delivery systems, and related mate9 rials. 

10 (b) AUTHORIZATION OF APPROPRIATIONS RELATING

11 TO PROLIFERATION SECURITY INITIATIVE.—There are 

12 authorized to be appropriated for fiscal year 2008, 

13 $50,000,000 to conduct joint training exercises regarding 

14 interdiction of weapons of mass destruction under the Pro15 liferation Security Initiative with particular emphasis 

16 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 2008, $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 enactment 

9 of this Act, the Secretary of Defense shall submit to the 

10 appropriate congressional committees a report on Russia’s 

11 non-strategic nuclear weapons that shall— 

12 (1) detail past and current efforts of the United 

13 States to encourage a proper accounting for and se14 curing of Russia’s non-strategic nuclear weapons 

15 and Russia’s nuclear weapons, whether strategic or 

16 non-strategic, that are not secured by PALs or other 

17 electronic means; 

18 (2) detail the actions that are most likely to 

19 lead to progress in improving the accounting for and 

20 securing or dismantlement of such weapons; and 

21 (3) detail the feasibility of enhancing the na22 tional security of the United States by developing in23 creased transparency between the United States and 

24 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 2008 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.— 

23 (A) IN GENERAL.—Amounts authorized to 

24 be appropriated by paragraph (1) are author25 ized to remain available until expended. 


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1 (B) TRANSFERRED AMOUNTS.—Any 

2 amount transferred to a department or agency 

3 of the Federal Government pursuant to para4 graph (1)(B) shall be merged with amounts 

5 available to such department or agency to cover 

6 costs concerned, and shall be available for the 

7 same purposes, and for the same period, as 

8 amounts with which merged. 

9 SEC. 336. STRENGTHENING THE NUCLEAR NONPROLIFERA10 TION TREATY. 

11 (a) FINDINGS.—Congress finds the following: 

12 (1) Article IV of the Treaty on the Non-Pro13 liferation of Nuclear Weapons (commonly referred to 

14 as the Nuclear Nonproliferation Treaty or NPT) (21 

15 UST 483) states that countries that are parties to 

16 the treaty have the ‘‘inalienable right . . . to develop 

17 research, production and use of nuclear energy for 

18 peaceful purposes without discrimination and in con19 formity with articles I and II of this treaty.’’. 

20 (2) The rights outlined under article IV include 

21 all fuel cycle activities, despite the fact that uranium 

22 enrichment and plutonium production potentially put 

23 a country in a position to produce weapons usable 

24 material. 


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1 (3) David Bergmann, former chairman of the 

2 Israeli Atomic Energy Commission, stated: ‘‘. . . by 

3 developing atomic energy for peaceful uses, you 

4 reach the nuclear weapon option. There are not two 

5 atomic energies’’. 

6 (4) The wording of article IV has made it pos7 sible for countries that are parties to the NPT trea8 ty to use peaceful nuclear programs as a cover for 

9 weapons programs. In particular, the misuse by 

10 North Korea and Iran of these provisions threatens 

11 to undercut the viability of the nuclear nonprolifera12 tion regime and the entire system of international 

13 nuclear commerce. 

14 (5) If the international community fails to de15 vise effective measures to deal with the ‘‘loophole’’ in 

16 article IV, then there is a great likelihood that the 

17 ranks of countries possessing nuclear weapons will 

18 increase markedly in the next decade. 

19 (b) PRESIDENTIAL REPORT ON CONTROL OF NU20 CLEAR FUEL CYCLE TECHNOLOGIES AND MATERIAL.— 

21 Not later than 90 days after the date of enactment of this 

22 Act, the President shall submit to the appropriate congres23 sional committees a report identifying ways to more effec24 tively control nuclear fuel cycle technologies and material, 

25 including ways that the United States can mobilize the 


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1 international community to close the ‘‘loophole’’ of article 

2 IV of the NPT, without undermining the treaty 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 Foreign Affairs, the 

9 Committee on Armed Services, the Committee 

10 on Homeland Security, and the Committee on 

11 Appropriations of the House of Representatives; 

12 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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