I 

108TH CONGRESS 

2D SESSION H. R. 5024

To implement the recommendations of the National Commission on Terrorist 

Attacks on the United States by establishing the position of National 

Intelligence Director, by establishing a National Counterterrorism Center, 

by making other improvements to enhance the national security of the 

United States, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 8, 2004

Ms. PELOSI (for herself, Mr. HOYER, Mr. MENENDEZ, Mr. CLYBURN, Mr. 

SPRATT, Mr. GEORGE MILLER of California, Ms. DELAURO, Mr. MATSUI, 

Ms. HARMAN, Mr. SKELTON, Mr. TURNER of Texas, Mr. LANTOS, Mr. 

LARSON of Connecticut, Mr. FRANK of Massachusetts, Mr. CONYERS, Mr. 

OBERSTAR, Mr. RANGEL, Mr. EVANS, Mr. RAHALL, Mr. WAXMAN, Mrs. 

LOWEY, Mr. GEPHARDT, Mr. THOMPSON of California, Mr. NADLER, Mr. 

SCHIFF, Mr. MCGOVERN, Mr. MARKEY, Mr. BISHOP of Georgia, Mrs. 

TAUSCHER, Mr. COOPER, Mr. BACA, Mr. TIERNEY, Mr. HOEFFEL, Mr. 

KENNEDY of Rhode Island, Mr. CARDOZA, Mr. THOMPSON of Mississippi, 

Mr. ABERCROMBIE, Mr. ANDREWS, Mrs. JONES of Ohio, Mr. ORTIZ, Ms. 

ESHOO, Mr. HOLT, Ms. MCCARTHY of Missouri, Mr. BERRY, Ms. EDDIE

BERNICE JOHNSON of Texas, Mr. ISRAEL, Mr. REYES, Mr. RODRIGUEZ, 

Ms. LORETTA SANCHEZ of California, Mr. HILL, Mrs. DAVIS of California, Mr. LARSEN of Washington, Mr. MARSHALL, Mr. STUPAK, Mr. 

DELAHUNT, Mrs. MCCARTHY of New York, Ms. WATSON, Mr. WEINER, 

Mr. STARK, Mr. FATTAH, Mr. PALLONE, Mr. BLUMENAUER, Mr. 

CUMMINGS, Ms. MILLENDER-MCDONALD, Mr. OLVER, Mr. EMANUEL, 

Ms. JACKSON-LEE of Texas, Mr. CASE, Mr. HASTINGS of Florida, Mr. 

SMITH of Washington, Mr. SERRANO, Mr. LAMPSON, Mr. ACKERMAN, 

Mr. ENGEL, Mr. CROWLEY, Mr. HINCHEY, Mr. LANGEVIN, Mrs. 

CHRISTENSEN, Mr. BUTTERFIELD, Mr. BISHOP of New York, Ms. WOOLSEY, Mr. ROTHMAN, Mr. PAYNE, Ms. BORDALLO, Mrs. MALONEY, Mr. 

MEEK of Florida, Mr. MEEHAN, Mr. PRICE of North Carolina, Mr. 

MCINTYRE, Mr. UDALL of New Mexico, Mr. NEAL of Massachusetts, Mr. 

STRICKLAND, Ms. BALDWIN, Mr. BECERRA, Mr. ALLEN, Mr. PASCRELL, 

Mr. DOOLEY of California, Ms. MCCOLLUM, Mr. MCDERMOTT, Mr. 

FARR, Mr. LYNCH, Mr. PETERSON of Minnesota, Mr. RUPPERSBERGER, 

Mr. DAVIS of Florida, Mr. BAIRD, Mr. ACEVEDO-VILA ́, Ms. WATERS, Mr. 

JACKSON of Illinois, Mr. SHERMAN, and Mr. JEFFERSON) introduced the 

following bill; which was referred to the Select Committee on Intelligence 
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(Permanent Select), and in addition to the Committees on Armed Services, International Relations, Ways and Means, Financial Services, the 

Judiciary, Transportation and Infrastructure, Government Reform, Energy and Commerce, Science, and Rules, for a period to be subsequently 

determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL

To implement the recommendations of the National Commission on Terrorist Attacks on the United States by establishing the position of National Intelligence Director, by 

establishing a National Counterterrorism Center, by 

making other improvements to enhance the national security of the United States, and for other purposes.

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 ‘‘9/

5 11 Commission Recommendations Implementation Act of 

6 2004’’. 

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

8 this Act is as follows:

Sec. 1. Short title; table of contents. 

TITLE I—UNITY OF EFFORT IN THE INTELLIGENCE COMMUNITY 

Subtitle A—National Intelligence Director 

Sec. 101. Establishment of the National Intelligence Director. 

Sec. 102. Duties of the National Intelligence Director. 

Sec. 103. Management of the national intelligence program. 

Sec. 104. Authority of the National Intelligence Director over matters relating 

to budget. 

Sec. 105. Authority of the National Intelligence Director over matters relating 

to personnel. 
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Sec. 106. Additional authorities. 

Sec. 107. Resolution of agency priority differences. 

Sec. 108. Definitions. 

Subtitle B—Improvements for the Central Intelligence Agency 

Sec. 111. Improvement of analysis and collection of foreign intelligence. 

Sec. 112. Direction of clandestine or covert paramilitary operations by the Department of Defense. 

TITLE II—UNITY OF EFFORT ACROSS THE FOREIGN-DOMESTIC 

DIVIDE 

Sec. 201. National Counterterrorism Center. 

Sec. 202. Head of the National Counterterrorism Center. 

Sec. 203. Duties. 

Sec. 204. Distinct intelligence function. 

Sec. 205. Operations. 

Sec. 206. Prohibition on policymaking. 

TITLE III—ATTACK TERRORISTS AND THEIR ORGANIZATIONS 

AND PREVENT THE CONTINUED GROWTH OF ISLAMIST TERRORISM 

Subtitle A—Attack Terrorists and Their Organizations 

Sec. 301. Identification and prioritization of terrorist sanctuaries throughout 

the world. 

Sec. 302. Assistance to support efforts of the Government of Pakistan to fight 

extremists. 

Sec. 303. Assistance to achieve security and stability in Afghanistan. 

Sec. 304. Declaration of policy relating to relations between the United States 

and Saudi Arabia. 

Subtitle B—Prevent the Continued Growth of Islamist Terrorism 

Sec. 311. Programs to enhance a positive image of the United States in Muslim 

countries. 

Sec. 312. Sense of Congress relating to relations with governments of Muslim 

countries that violate human rights and the rule of law. 

Sec. 313. United States information and educational and cultural exchange programs in Muslim countries. 

Sec. 314. International Youth Opportunity Fund. 

Sec. 315. Economic policies to encourage development, more open societies, and 

opportunities in Muslim countries. 

Sec. 316. Comprehensive coalition strategy against Islamist terrorism. 

Sec. 317. New principles for detention and humane treatment of captured terrorists. 

Subtitle C—Additional Counterterrorism Efforts 

Sec. 321. Prevention of proliferation of weapons of mass destruction. 

Sec. 322. Tracking terrorist financing. 

TITLE IV—PROTECTION AGAINST AND PREPARATION FOR 

TERRORIST ATTACKS 

Sec. 401. Integration of border security system with other screening sites. 
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Sec. 402. Biometric entry-exit screening system. 

Sec. 403. Sense of Congress regarding international cooperation regarding border crossings. 

Sec. 404. Securing identification documents. 

Sec. 405. Targeting terrorist travel. 

Sec. 406. Allocation of limited transportation security resources. 

Sec. 407. Aviation screening. 

Sec. 408. Enhanced explosives detection. 

TITLE V—INFORMATION SHARING AND PROTECTION OF CIVIL 

LIBERTIES 

Sec. 501. Information sharing. 

Sec. 502. Board to oversee adherence to civil liberties principles. 

TITLE VI—SETTING PRIORITIES FOR NATIONAL PREPAREDNESS 

Sec. 601. Homeland Security Assistance. 

Sec. 602. Regulations requiring adoption of Incident Command System and 

unified command procedures. 

Sec. 603. Federal Communications Commission requirements. 

Sec. 604. Private Sector Emergency Preparedness. 

TITLE VII—UNITY OF EFFORT IN SHARING INFORMATION 

Sec. 701. Unity of effort in sharing information. 

TITLE VIII—UNITY OF EFFORT IN CONGRESS 

Sec. 801. Appropriations for intelligence. 

Sec. 802. Establishment of either a Joint Committee on Intelligence or a standing Committee on Intelligence in each House of Congress. 

Sec. 803. Oversight of homeland security. 

Sec. 804. Executive appointments. 

TITLE IX—ORGANIZING AMERICA’S DEFENSE IN THE UNITED 

STATES 

Sec. 901. Establishment of a specialized and integrated national security workforce at the Federal Bureau of Investigation. 

Sec. 902. Regular readiness assessments.
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1 TITLE I—UNITY OF EFFORT IN 

2 THE INTELLIGENCE COMMU3 NITY 

4 Subtitle A—National Intelligence 

5 Director 

6 SEC. 101. ESTABLISHMENT OF THE NATIONAL INTEL7 LIGENCE DIRECTOR. 

8 (a) ESTABLISHMENT.—There is in the Executive Of9 fice of the President a National Intelligence Director. 

10 (b) PRINCIPAL ADVISOR TO THE PRESIDENT ON IN11 TELLIGENCE MATTERS.—The National Intelligence Direc12 tor shall act as the principal adviser to the President for 

13 intelligence matters related to the national security. 

14 (c) APPOINTMENT.—The National Intelligence Direc15 tor shall be appointed by the President, by and with the 

16 advice and consent of the Senate. 

17 (d) TESTIMONY TO CONGRESS.—The National Intel18 ligence Director shall testify before Congress. 

19 SEC. 102. DUTIES OF THE NATIONAL INTELLIGENCE DIREC20 TOR. 

21 Notwithstanding any other provision of law, the Na22 tional Intelligence Director shall carry out the following 

23 duties: 

24 (1) Manage the national intelligence program. 

25 (2) Oversee national intelligence centers. 
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1 (3) Oversee the national intelligence agencies. 

2 (4) Support the President, the heads of depart3 ments and agencies of the executive branch, the 

4 Chairman of the Joint Chiefs of Staff, and senior 

5 military commanders. 

6 (5) Establish information sharing and informa7 tion technology policies to maximize data sharing, as 

8 well as policies to protect the security of informa9 tion. 

10 (6) Such other duties as the President may pre11 scribe. 

12 SEC. 103. MANAGEMENT OF THE NATIONAL INTELLIGENCE 

13 PROGRAM. 

14 (a) IN GENERAL.—Notwithstanding any other provi15 sion of law, the National Intelligence Director shall man16 age the national intelligence program with the following 

17 three deputies: 

18 (1) The Director of the Central Intelligence 

19 Agency, with respect to foreign intelligence. 

20 (2) The Under Secretary of Defense for Intel21 ligence, with respect to military intelligence. 

22 (3) The Under Secretary of Homeland Security 

23 for Information Analysis and Infrastructure Protec24 tion, with respect to domestic intelligence. 
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1 (b) DUTIES WITH RESPECT TO NATIONAL INTEL2 LIGENCE CENTER OPERATIONS.—Each official specified 

3 in subsection (a), within the respective area of intelligence, 

4 shall acquire systems and train personnel to execute the 

5 operations assigned to the official. 

6 (c) COORDINATION OF AGENCIES OF THE INTEL7 LIGENCE COMMUNITY.—Each national intelligence agency 

8 shall coordinate functions of the agency with the appro9 priate area of intelligence specified in subsection (a). 

10 (d) NATIONAL INTELLIGENCE CENTER REPORTING

11 REQUIREMENT.—Directors of national intelligence centers 

12 shall report directly to the National Intelligence Director. 

13 (e) CONSTRUCTION.—Nothing in this Act shall be 

14 construed as modifying the authority or duty of the Sec15 retary of Defense to carry out the Joint Military Intel16 ligence Program and the Tactical Intelligence and Related 

17 Activities Program. 

18 SEC. 104. AUTHORITY OF THE NATIONAL INTELLIGENCE DI19 RECTOR OVER MATTERS RELATING TO 

20 BUDGET. 

21 Notwithstanding any other provision of law, the Na22 tional Intelligence Director shall have the following au23 thorities over matters relating to the budget of the na24 tional intelligence program: 
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1 (1) DEVELOPMENT OF UNIFIED INTELLIGENCE

2 BUDGET.—The National Intelligence Director shall 

3 prepare annual unified budgets for the national in4 telligence program for inclusion in the budget sub5 mission of the President under title 31, United 

6 States Code, that reflect—

7 (A) priorities of the National Security 

8 Council, and 

9 (B) an appropriate balance among the va10 rieties of technical and human intelligence col11 lection methods and analysis. 

12 (2) APPROPRIATIONS.—Appropriations for any 

13 fiscal year for the national intelligence program shall 

14 be made to the National Intelligence Director. The 

15 National Intelligence Director shall provide for the 

16 allocation of amounts so appropriated among the na17 tional intelligence agencies. 

18 (3) REPROGRAMMING.—The National Intel19 ligence Director may reprogram funds appropriated 

20 for the national intelligence program to meet any 

21 unforeseen priority. 
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1 SEC. 105. AUTHORITY OF THE NATIONAL INTELLIGENCE DI2 RECTOR OVER MATTERS RELATING TO PER3 SONNEL. 

4 Notwithstanding any other provision of law, the Na5 tional Intelligence Director shall have the following au6 thorities and duties with respect to matters relating to the 

7 personnel of national intelligence agencies. 

8 (1) PERSONNEL POLICIES.—The National In9 telligence Director shall put into effect personnel 

10 policies to establish standards for education and 

11 training of officers and employees of national intel12 ligence agencies and to facilitate assignments of 

13 those officers and employees at national intelligence 

14 centers and across national intelligence agencies. 

15 (2) EMPLOYMENT AND TERMINATION AUTHOR16 ITY.—The National Intelligence Director may em17 ploy such individuals in senior positions within the 

18 national intelligence program as the Director deter19 mines to be appropriate. The National Intelligence 

20 Director may terminate the employment of any sen21 ior officer or employee of a national intelligence 

22 agency whenever the Director deems such termi23 nation necessary or advisable in the interests of the 

24 United States. 

25 (3) APPOINTMENT OF OFFICIALS RESPONSIBLE

26 FOR INTELLIGENCE-RELATED ACTIVITIES.—(A) In 
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1 the event of a vacancy in a position referred to in 

2 subparagraph (B), the National Intelligence Director 

3 shall approve and recommend to the President indi4 viduals to fill the following positions. 

5 (B) Subparagraph (A) applies to the following 

6 positions: 

7 (i) The Director of the Central Intelligence 

8 Agency. 

9 (ii) The Under Secretary of Defense for 

10 Intelligence. 

11 (iii) The Director of the Defense Intel12 ligence Agency. 

13 (iv) The Director of the National Security 

14 Agency. 

15 (v) The Director of the National Recon16 naissance Office. 

17 (vi) The Director of the National 

18 Geospatial-Intelligence Agency. 

19 (vii) The Under Secretary for Information 

20 Analysis and Infrastructure Protection of the 

21 Department of Homeland Security. 

22 (viii) The Executive Assistant Director for 

23 Intelligence of the Federal Bureau of Investiga24 tion. 
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1 (ix) The head of any other entity with na2 tional intelligence capabilities. 

3 SEC. 106. ADDITIONAL AUTHORITIES. 

4 (a) IN GENERAL.—The National Intelligence Direc5 tor shall have the authority vested in the Director of Cen6 tral Intelligence in the National Security Act of 1947 (50 

7 U.S.C. 401 et seq.) in the capacity of the Director of Cen8 tral Intelligence as the head of the intelligence community. 

9 (b) REFERENCES.—Any reference to the Director of 

10 Central Intelligence as the head of the intelligence commu11 nity, or as the principal advisor to the President for intel12 ligence matters related to the national security, in the Na13 tional Security Act of 1947 (50 U.S.C. 401 et seq.) is 

14 deemed a reference to the National Intelligence Director. 

15 SEC. 107. RESOLUTION OF AGENCY PRIORITY DIF16 FERENCES. 

17 (a) ESTABLISHMENT OF NSC EXECUTIVE COM18 MITTEE.—There is established in the National Security 

19 Council an executive committee for the resolution of dif20 ferences in priorities among national intelligence agencies. 

21 Insofar as the executive committee is unable to resolve a 

22 priority difference, the President shall resolve the priority 

23 difference. 

24 (b) MEMBERSHIP OF THE NATIONAL INTELLIGENCE

25 DIRECTOR.—The National Intelligence Director shall be 
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1 a member of the executive committee established under 

2 subsection (a). 

3 SEC. 108. DEFINITIONS. 

4 In this subtitle: 

5 (1) NATIONAL INTELLIGENCE PROGRAM.—The 

6 term ‘‘national intelligence program’’ means a pro7 gram of foreign, military, and domestic intelligence 

8 related to the national security under the oversight 

9 of the National Intelligence Director. 

10 (2) NATIONAL INTELLIGENCE CENTER.—The 

11 term ‘‘national intelligence center’’ means a center 

12 established by the National Intelligence Director to 

13 provide all-source analysis and plan intelligence op14 erations for the Federal government on specific sub15 jects of interest, such as counterterrorism, 

16 counterproliferation, counternarcotics, and counter17 intelligence. 

18 Subtitle B—Improvements for the 

19 Central Intelligence Agency 

20 SEC. 111. IMPROVEMENT OF ANALYSIS AND COLLECTION 

21 OF FOREIGN INTELLIGENCE. 

22 The Director of the Central Intelligence Agency 

23 shall—

24 (1) rebuild the analytic capabilities of the Cen25 tral Intelligence Agency; 
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1 (2) transform the clandestine service by build2 ing the human intelligence capabilities of the clan3 destine service; 

4 (3) develop a stronger foreign language pro5 gram, with high standards and sufficient financial 

6 incentives; 

7 (4) renew emphasis on recruiting diversity 

8 among operations officers so those officers may 

9 blend more easily in foreign cities; 

10 (5) ensure a seamless relationship between 

11 human source collection and signals collection at the 

12 operational level; and 

13 (6) stress a better balance between unilateral 

14 and liaison operations. 

15 SEC. 112. DIRECTION OF CLANDESTINE OR COVERT PARA16 MILITARY OPERATIONS BY THE DEPART17 MENT OF DEFENSE. 

18 (a) IN GENERAL.—The Secretary of Defense shall 

19 have lead responsibility for directing and executing para20 military operations, whether clandestine or covert. 

21 (b) CONSOLIDATION WITH USSOCOM.—The Sec22 retary shall consolidate responsibility within the Depart23 ment of Defense for clandestine or covert paramilitary op24 erations with the capabilities for training, direction, and 
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1 execution of such operations developed in the United 

2 States Special Operations Command. 

3 TITLE II—UNITY OF EFFORT 

4 ACROSS THE FOREIGN-DO5 MESTIC DIVIDE 

6 SEC. 201. NATIONAL COUNTERTERRORISM CENTER. 

7 (a) ESTABLISHMENT.—There is established a Na8 tional Counterterrorism Center built on the foundation of 

9 the Terrorist Threat Integration Center. 

10 (b) MISSION.—The National Counterterrorism Cen11 ter shall be a center for joint operational planning and 

12 joint intelligence against transnational terrorist organiza13 tions. 

14 (c) PERSONNEL.—The National Counterterrorism 

15 Center shall be staffed by personnel from the various 

16 agencies. The head of the National Counterterrorism Cen17 ter may evaluate the performance of the personnel as18 signed to the Center. 

19 SEC. 202. HEAD OF THE NATIONAL COUNTERTERRORISM 

20 CENTER. 

21 (a) APPOINTMENT.—The head of the National 

22 Counterterrorism Center shall be appointed by the Presi23 dent, by and with the advice and consent of the Senate, 

24 and shall be placed in the Executive Office of the Presi25 dent. 
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1 (b) RANK.—The head of the National 

2 Counterterrorism Center shall be equivalent in rank to a 

3 deputy head of a cabinet department. 

4 (c) RELATIONSHIP TO NATIONAL INTELLIGENCE DI5 RECTOR.—The head of the National Counterterrorism 

6 Center shall report to the National Intelligence Director. 

7 (d) TESTIMONY TO CONGRESS.—The head of the Na8 tional Counterterrorism Center shall testify before Con9 gress. 

10 (e) CONCURRENCE IN CERTAIN APPOINTMENTS.—

11 The head of the National Counterterrorism Center shall 

12 concur in the choices of personnel to lead the operating 

13 entities of the agencies and departments of the United 

14 States focused on counterterrorism, specifically includ15 ing—

16 (1) the head of the Counterterrorist Center of 

17 the Central Intelligence Agency, 

18 (2) the head of the Counterterrorism Division 

19 of the Federal Bureau of Investigation, 

20 (3) the commanders of the Special Operations 

21 Command and Northern Command of the Depart22 ment of Defense, and 

23 (4) the coordinator for counterterrorism of the 

24 Department of State. 
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1 (f) DEVELOPMENT OF COUNTERTERRORISM BUDG2 ET.—The head of the National Counterterrorism Center 

3 shall work with the Director of the Office of Management 

4 and Budget in developing the counterterrorism budget of 

5 the President. 

6 SEC. 203. DUTIES. 

7 (a) LEAD AGENCY FOR TRANSNATIONAL TERRORIST

8 ANALYSIS.—The National Counterterrorism Center shall 

9 lead strategic analysis, pooling all-source intelligence, for10 eign and domestic, about transnational terrorist organiza11 tions with global reach. 

12 (b) ASSESSMENTS.—Drawing on the efforts of the 

13 Central Intelligence Agency, the Federal Bureau of Inves14 tigation, the Department of Homeland Security, and other 

15 agencies and departments of the United States, the Na16 tional Counterterrorism Center shall develop net assess17 ments that compare enemy capabilities and intentions 

18 against defenses and countermeasures of the United 

19 States. 

20 (c) WARNING.—The National Counterterrorism Cen21 ter shall provide warning. 

22 (d) TASKING OF COLLECTION REQUIREMENTS.—The 

23 National Counterterrorism Center shall task collection re24 quirements for counterterrorism both inside and outside 

25 the United States. 
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1 SEC. 204. DISTINCT INTELLIGENCE FUNCTION. 

2 Building on the structure of the Terrorist Threat In3 tegration Center, the intelligence function of the National 

4 Counterterrorism Center shall be a distinct national intel5 ligence center within the National Counterterrorism Cen6 ter. 

7 SEC. 205. OPERATIONS. 

8 (a) JOINT PLANNING.—The National 

9 Counterterrorism Center shall perform joint planning. 

10 Plans developed by the National Counterterrorism Center 

11 shall assign operational responsibilities to lead agencies, 

12 such as the Department of State, the Central Intelligence 

13 Agency, the Federal Bureau of Investigation, the Depart14 ment of Defense and its combatant commands, the De15 partment of Homeland Security, and other agencies and 

16 departments of the United States. 

17 (b) MONITORING AND UPDATING OF PLANS.—The 

18 National Counterterrorism Center may not direct the ac19 tual execution of operational responsibilities assigned to 

20 agencies under subsection (a). The National 

21 Counterterrorism Center shall—

22 (1) monitor implementation of the operations; 

23 (2) look across the foreign-domestic divide and 

24 across agency boundaries; and 

25 (3) update plans to follow through on cases. 
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1 SEC. 206. PROHIBITION ON POLICYMAKING. 

2 (a) IN GENERAL.—The National Counterterrorism 

3 Center shall not—

4 (1) be a policymaking body; nor 

5 (2) resolve policy disputes among agencies and 

6 departments of the United States. 

7 (b) EXECUTION OF THE POLICY OF THE PRESI8 DENT.—The operations and planning of the National 

9 Counterterrorism Center shall follow the policy direction 

10 of the president and the National Security Council. 

11 TITLE III—ATTACK TERRORISTS 

12 AND THEIR ORGANIZATIONS 

13 AND PREVENT THE CONTIN14 UED GROWTH OF ISLAMIST 

15 TERRORISM 

16 Subtitle A—Attack Terrorists and 

17 Their Organizations 

18 SEC. 301. IDENTIFICATION AND PRIORITIZATION OF TER19 RORIST SANCTUARIES THROUGHOUT THE 

20 WORLD. 

21 (a) IDENTIFICATION AND PRIORITIZATION.—The 

22 President shall direct the head of each appropriate Fed23 eral department or agency to identify and prioritize actual 

24 or potential terrorist sanctuaries throughout the world. 

25 (b) STRATEGY.—With respect to each terrorist sanc26 tuary identified pursuant to subsection (a), the President 
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1 shall ensure that a realistic national strategy is established 

2 to destabilize the sanctuary to the maximum extent pos3 sible. Each such strategy shall be developed in consulta4 tion and coordination with friendly foreign countries and 

5 international organizations. 

6 SEC. 302. ASSISTANCE TO SUPPORT EFFORTS OF THE GOV7 ERNMENT OF PAKISTAN TO FIGHT EXTREM8 ISTS. 

9 (a) SENSE OF CONGRESS.—It is the sense of Con10 gress that, if President Pervez Musharraf and other lead11 ers of Pakistan remain willing to make their own difficult 

12 choices and stand for enlightened moderation in a fight 

13 for their lives and for the life of their country, the United 

14 States should be willing to make hard choices too, and 

15 make the difficult long-term commitment to the future of 

16 Pakistan. 

17 (b) ASSISTANCE.—The President is authorized to 

18 provide assistance, on such terms and conditions as the 

19 President may determine, to support the Government of 

20 Pakistan in its struggle against extremists. The President 

21 shall ensure that assistance provided under this subsection 

22 is part of a comprehensive effort by the United States to 

23 provide increased military assistance and economic and 

24 development assistance (including assistance for education 

25 reform) in Pakistan. 
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1 SEC. 303. ASSISTANCE TO ACHIEVE SECURITY AND STA2 BILITY IN AFGHANISTAN. 

3 (a) SENSE OF CONGRESS.—It is the sense of Con4 gress that—

5 (1) the United States Government should be 

6 commended for its efforts to date in Afghanistan; 

7 (2) the United States and the international 

8 community should make a long-term commitment to 

9 achieve security and stability in Afghanistan in order 

10 to give the Government of Afghanistan a reasonable 

11 opportunity to improve the life of the Afghan people; 

12 and 

13 (3) Afghanistan should not be allowed to be14 come a sanctuary again for international crime and 

15 terrorism. 

16 (b) ASSISTANCE.—The President is authorized to 

17 provide assistance, on such terms and conditions as the 

18 President may determine, to the Government of Afghani19 stan to allow that Government to extend its authority over 

20 the country. In providing assistance under this subsection, 

21 the President shall coordinate with foreign countries and 

22 international organizations, including by seeking to estab23 lish a strategy and country-by-country commitments to 

24 achieve the objectives for which the assistance is provided. 
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1 SEC. 304. DECLARATION OF POLICY RELATING TO RELA2 TIONS BETWEEN THE UNITED STATES AND 

3 SAUDI ARABIA. 

4 (a) SENSE OF CONGRESS.—It is the sense of Con5 gress that—

6 (1) the current problems in the relationship be7 tween the United States and Saudi Arabia should be 

8 confronted in an open and transparent manner; and 

9 (2) the United States and Saudi Arabia should 

10 work together to determine if they can build a rela11 tionship that political leaders in both countries are 

12 prepared to publicly defend and that is based on mu13 tual interests other than the oil production capability 

14 of Saudi Arabia. 

15 (b) DECLARATION OF POLICY.—It shall be the policy 

16 of the United States Government to ensure that the rela17 tionship between the United States and Saudi Arabia in18 cludes a shared commitment to political and economic re19 form in Saudi Arabia and a shared interest in greater tol20 erance and cultural respect in Saudi Arabia, translating 

21 into a commitment by the Government of Saudi Arabia 

22 to fight violent extremists who foment hatred. 
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1 Subtitle B—Prevent the Continued 

2 Growth of Islamist Terrorism 

3 SEC. 311. PROGRAMS TO ENHANCE A POSITIVE IMAGE OF 

4 THE UNITED STATES IN MUSLIM COUNTRIES. 

5 (a) FINDINGS.—Congress finds that—

6 (1) opinions of the United States in Muslim 

7 countries are significantly distorted by highly nega8 tive and hostile beliefs and images and many of 

9 these beliefs and images are the result of misin10 formation and propaganda by individuals and orga11 nizations hostile to the United States; 

12 (2) these negative opinions and images are 

13 highly prejudicial to the interests of the United 

14 States and to its foreign policy; and 

15 (3) as part of a broad and long-term effort to 

16 enhance a positive image of the United States in 

17 Muslim countries, programs should be established to 

18 promote greater familiarity with American society 

19 and values among the general public and select audi20 ences in Muslim countries. 

21 (b) PROGRAMS.—The Secretary of State shall estab22 lish programs to promote greater familiarity with Amer23 ican society and values among the general public and se24 lect audiences in Muslim countries. In carrying out such 

25 programs, the Secretary of State shall ensure that the 
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1 United States Government presents a clearly defined mes2 sage to the people of these countries, offers an example 

3 of moral leadership in the world, commits to treat people 

4 humanely, abides by the rule of law, and is generous and 

5 caring to our neighbors. 

6 SEC. 312. SENSE OF CONGRESS RELATING TO RELATIONS 

7 WITH GOVERNMENTS OF MUSLIM COUNTRIES 

8 THAT VIOLATE HUMAN RIGHTS AND THE 

9 RULE OF LAW. 

10 It is the sense of Congress that the United States 

11 Government—

12 (1) should reevaluate its relationship with the 

13 governments of Muslim countries, including such 

14 governments that are friends or allies of the United 

15 States, if those governments violate or otherwise do 

16 not respect internationally recognized human rights 

17 or the rule of law; and 

18 (2) should consider taking appropriate meas19 ures against governments described in paragraph 

20 (1), including by withdrawing diplomatic relations 

21 with such governments. 

22 SEC. 313. UNITED STATES INFORMATION AND EDU23 CATIONAL AND CULTURAL EXCHANGE PRO24 GRAMS IN MUSLIM COUNTRIES. 

25 (a) FINDINGS.—Congress finds the following: 
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1 (1) As in the Cold War, the United States 

2 needs to defend its ideals abroad vigorously. Often, 

3 the United States does not stand up for its values. 

4 (2) The United States defended, and still de5 fends, Muslims against tyrants and criminals in So6 malia, Bosnia and Herzegovina, Kosovo, Afghani7 stan, and Iraq. 

8 (3) If the United States does not act aggres9 sively to define itself in Muslim countries, extremists 

10 will gladly do the job for us. 

11 (b) BROADCASTING TO MUSLIM COUNTRIES.—There 

12 are authorized to be appropriated to carry out United 

13 States Government radio, television, and other commu14 nications activities to Muslim countries under the United 

15 States International Broadcasting Act of 1994 (22 U.S.C. 

16 6201 et seq.) and other authorities in law consistent with 

17 such purposes, including to make and supervise grants to 

18 the Middle East Television Network, including Radio 

19 Sawa, such sums as may be necessary for fiscal year 2005 

20 and each subsequent fiscal year. 

21 (c) INFORMATION AND EDUCATIONAL AND CUL22 TURAL EXCHANGE PROGRAMS.—It is the sense of Con23 gress that—

24 (1) United States Government information and 

25 educational and cultural exchange programs should 
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1 be expanded to emphasize and give priority to young 

2 people in Muslim countries; and 

3 (2) projects and activities carried out under 

4 programs described in paragraph (1) should be iden5 tified as assistance from the people of the United 

6 States. 

7 SEC. 314. INTERNATIONAL YOUTH OPPORTUNITY FUND. 

8 Congress strongly urges the President to seek the ne9 gotiation of international agreements (or other appro10 priate arrangements) to support the establishment of an 

11 International Youth Opportunity Fund in order to estab12 lish and operate primary and secondary schools in Muslim 

13 countries that commit to sensibly investing their own 

14 funds in public education. 

15 SEC. 315. ECONOMIC POLICIES TO ENCOURAGE DEVELOP16 MENT, MORE OPEN SOCIETIES, AND OPPOR17 TUNITIES IN MUSLIM COUNTRIES. 

18 It is the sense of Congress that a comprehensive 

19 United States strategy to counter terrorism should include 

20 economic policies that encourage development, more open 

21 societies, and opportunities for people to improve the lives 

22 of their families and to enhance prospects for their chil23 dren’s future in Muslim countries. Such economic policies 

24 should include the goal of working toward a Middle East 

25 Free Trade Area, or MEFTA, by 2013. 
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1 SEC. 316. COMPREHENSIVE COALITION STRATEGY AGAINST 

2 ISLAMIST TERRORISM. 

3 Congress strongly urges the President to work with 

4 friendly foreign countries and international organizations, 

5 such as members of the North Atlantic Treaty Organiza6 tion (NATO) and the Group of Eight (G–8), to develop 

7 a comprehensive coalition strategy against Islamist ter8 rorism. Such a strategy should include the establishment 

9 of a flexible contact group of leading coalition governments 

10 to discuss and coordinate the most important policies with 

11 respect to the coalition strategy, including policies for tar12 geting travel by terrorists and their sanctuaries. 

13 SEC. 317. NEW PRINCIPLES FOR DETENTION AND HUMANE 

14 TREATMENT OF CAPTURED TERRORISTS. 

15 The President shall work with friendly foreign coun16 tries and international organizations to develop a new set 

17 of principles for the detention and humane treatment of 

18 captured terrorists. Such principles should be modeled on 

19 Article 3 of the Convention Relative to the Treatment of 

20 Prisoners of War, done at Geneva August 12, 1949 (6 

21 UST 3316). 
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1 Subtitle C—Additional 

2 Counterterrorism Efforts 

3 SEC. 321. PREVENTION OF PROLIFERATION OF WEAPONS 

4 OF MASS DESTRUCTION. 

5 The President shall take such actions as are nec6 essary to strengthen counterproliferation efforts, expand 

7 the Proliferation Security Initiative (announced by the 

8 President in May 2003), and support Cooperative Threat 

9 Reduction programs. In this section, the term ‘‘Coopera10 tive Threat Reduction programs’’ means programs speci11 fied in section 1501(b) of the National Defense Authoriza12 tion Act of Fiscal year 1997 (Public Law 104–201; 110 

13 Stat. 2731; 50 U.S.C. 2362 note). 

14 SEC. 322. TRACKING TERRORIST FINANCING. 

15 The President, acting through the Secretary of the 

16 Treasury, the Attorney General, the Secretary of Home17 land Security, the Secretary of State, the Federal func18 tional regulators (as defined in section 509 of the Gramm19 Leach-Bliley Act), and other appropriate Federal officers, 

20 shall continue to take such actions as may be necessary 

21 and appropriate to ensure that vigorous efforts continue 

22 to track the financing of terrorist organizations and pre23 vent money laundering for the benefit of terrorist organi24 zations, including enforcement of requirements for record25 keeping, identification of customers, and reporting of sus-
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1 picious activities by financial institutions, under any rel2 evant provision of Federal law, including the International 

3 Money Laundering Abatement and Financial Anti-Ter4 rorism Act of 2001 and the amendments made by such 

5 Act. 

6 TITLE IV—PROTECTION 

7 AGAINST AND PREPARATION 

8 FOR TERRORIST ATTACKS 

9 SEC. 401. INTEGRATION OF BORDER SECURITY SYSTEM 

10 WITH OTHER SCREENING SITES. 

11 (a) IN GENERAL.—The President shall—

12 (1) direct the Secretary of Homeland Security 

13 to lead an effort within the executive branch to inte14 grate the border security systems of the United 

15 States into a larger network of Federal security 

16 screening sites that includes sites within the trans17 portation system of the United States and sites con18 taining vital national facilities, such as nuclear reac19 tors; and 

20 (2) assure that such effort should assess secu21 rity goals applicable to Federal security screening 

22 sites throughout the United States, should address 

23 security problems common to all such sites, and 

24 should set uniform standards to be applied to all 
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1 such sites, guaranteeing a balance of security, effi2 ciency, and civil liberties interests. 

3 (b) SENSE OF CONGRESS.—It is the sense of Con4 gress that extending the standards developed for the 

5 United States pursuant to subsection (a)(2) to foreign 

6 countries could dramatically strengthen the world’s collec7 tive ability to intercept individuals who pose catastrophic 

8 threats. 

9 SEC. 402. BIOMETRIC ENTRY-EXIT SCREENING SYSTEM. 

10 The Secretary of Homeland Security shall complete, 

11 as quickly as possible after the date of the enactment of 

12 this Act, a biometric entry and exit screening system for 

13 persons entering and departing the United States, includ14 ing a single system for expedited biometric screening of 

15 pre-qualified travelers. Such system should be integrated 

16 with the system used to determine whether an alien who 

17 is not lawfully admitted for permanent residence should 

18 be granted an extension of the alien’s period of authorized 

19 stay in the United States. 

20 SEC. 403. SENSE OF CONGRESS REGARDING INTER21 NATIONAL COOPERATION REGARDING BOR22 DER CROSSINGS. 

23 It is the sense of the Congress that the Federal Gov24 ernment—
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1 (1) cannot meet its obligation to the people of 

2 the United States to prevent the entry of terrorists 

3 into the United States without collaborating with 

4 foreign governments; 

5 (2) should do more to exchange information 

6 about terrorists with our trusted foreign allies; and 

7 (3) should do more to raise the border security 

8 standards of the United States, and global border 

9 security standards, through international coopera10 tion. 

11 SEC. 404. SECURING IDENTIFICATION DOCUMENTS. 

12 The President shall submit to Congress a proposal 

13 to establish standards for the issuance of birth certificates 

14 and identification documents, such as drivers’ licenses, so 

15 that they may be made more secure and less susceptible 

16 to forgery and fraudulent alteration. 

17 SEC. 405. TARGETING TERRORIST TRAVEL. 

18 The President shall submit to Congress a proposal 

19 to combine terrorist travel intelligence, operations, and law 

20 enforcement in a strategy to intercept terrorists, find ter21 rorist travel facilitators, and constrain terrorist mobility. 
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1 SEC. 406. ALLOCATION OF LIMITED TRANSPORTATION SE2 CURITY RESOURCES. 

3 (a) PLAN FOR ALLOCATION OF TRANSPORTATION

4 RESOURCES.—The Secretary of Homeland Security shall 

5 submit to Congress a plan that—

6 (1) identifies and evaluates the transportation 

7 assets that need to be protected; 

8 (2) sets risk-based priorities for defending such 

9 assets; 

10 (3) selects the most practical and cost-effective 

11 ways of defending such assets; and 

12 (4) assigns roles and missions to the relevant 

13 authorities (Federal, State, regional, and local) and 

14 to private stakeholders, budget, and funding to im15 plement the effort of defending such assets. 

16 (b) GAO REVIEW OF PLAN.—Not later than 90 days 

17 after the date on which the Secretary of Homeland Secu18 rity submits the plan required under subsection (a), the 

19 Comptroller General of the United States shall submit a 

20 report to Congress that assesses whether all of the ele21 ments of subsection (a) have been adequately addressed 

22 under that plan. 

23 SEC. 407. AVIATION SCREENING. 

24 The Secretary of Homeland Security shall—

25 (1) implement procedures to improve the use of 

26 ‘‘no-fly’’ and ‘‘automatic selectee’’ lists, including 
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1 utilizing a larger set of watchlists maintained by the 

2 Federal Government, while a successor to CAPPS 

3 continues to be developed; 

4 (2) require the the Transportation Security Ad5 ministration to perform the passenger pre-screening 

6 function; and 

7 (3) require air carriers to supply the informa8 tion needed to test and implement an enhanced pas9 senger pre-screening system. 

10 SEC. 408. ENHANCED EXPLOSIVES DETECTION. 

11 The President shall submit to Congress a proposal 

12 that—

13 (1) requires the Transportation Security Ad14 ministration to give priority attention to improving 

15 the ability of screening checkpoints to detect explo16 sives on passengers; 

17 (2) in the case of a passenger selected for spe18 cial screening, requires the passenger to be screened 

19 for explosives; and 

20 (3) requires a study by the Transportation Se21 curity Administration on human factors to under22 stand problems in screener performance and requires 

23 attainable objectives for individual screeners and for 

24 the checkpoints where screening takes place. 
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1 TITLE V—INFORMATION SHAR2 ING AND PROTECTION OF 

3 CIVIL LIBERTIES 

4 SEC. 501. INFORMATION SHARING. 

5 The President shall determine the guidelines for ac6 quiring, accessing, using, and sharing of information 

7 about individuals among Federal, State, and local govern8 ment agencies, and by those agencies with the private sec9 tor, for purposes of protecting national security, in a man10 ner that protects the privacy and civil liberties of those 

11 individuals. 

12 SEC. 502. BOARD TO OVERSEE ADHERENCE TO CIVIL LIB13 ERTIES PRINCIPLES. 

14 The President shall establish within the executive 

15 branch a board to oversee adherence to—

16 (1) the guidelines established by the President 

17 under this Act for the sharing of information among 

18 government agencies and by those agencies with the 

19 private sector; and 

20 (2) the commitment the Government makes to 

21 defend civil liberties. 

22 TITLE VI—SETTING PRIORITIES 

23 FOR NATIONAL PREPAREDNESS 

24 SEC. 601. HOMELAND SECURITY ASSISTANCE. 

25 It is the sense of Congress that—
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1 (1) homeland security assistance should be 

2 based strictly on an assessment of risks and 

3 vulnerabilities; and 

4 (2) homeland security assistance should not re5 main a program for general revenue sharing and 

6 should supplement State and local resources based 

7 on the risks or vulnerabilities that merit additional 

8 support. 

9 SEC. 602. REGULATIONS REQUIRING ADOPTION OF INCI10 DENT COMMAND SYSTEM AND UNIFIED COM11 MAND PROCEDURES. 

12 The Secretary of Homeland Security shall issue regu13 lations that require that all emergency response agencies 

14 in the United States shall adopt the Incident Command 

15 System and unified command procedures. 

16 SEC. 603. FEDERAL COMMUNICATIONS COMMISSION RE17 QUIREMENTS. 

18 (a) PREVENTION OF DELAY IN REASSIGNMENT OF

19 24 MEGAHERTZ FOR PUBLIC SAFETY PURPOSES.—Sec20 tion 309(j)(14) of the Communications Act of 1934 (47 

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

22 following new subparagraph: 

23 ‘‘(D) EXTENSIONS NOT PERMITTED FOR

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

25 PUBLIC SAFETY SERVICES.—Notwithstanding 
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1 subparagraph (B), the Commission shall not 

2 grant any extension under such subparagraph 

3 from the limitation of subparagraph (A) with 

4 respect to the frequencies assigned, pursuant to 

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

6 The Commission shall take all actions necessary 

7 to complete assignment of the electromagnetic 

8 spectrum between 764 and 776 megahertz, in9 clusive, and between 794 and 806 megahertz, 

10 inclusive, for public safety services and to per11 mit operations by public safety services on those 

12 frequencies commencing no later than January 

13 1, 2007.’’. 

14 (b) SENSE OF CONGRESS.—It is the sense of Con15 gress that—

16 (1) high-risk urban areas such as New York 

17 City and Washington, D.C., should establish signal 

18 corps units to ensure communications connectivity 

19 between and among civilian authorities, local first 

20 responders, and the National Guard; and 

21 (2) Federal funding of such units should be 

22 given high priority by Congress. 

23 SEC. 604. PRIVATE SECTOR EMERGENCY PREPAREDNESS. 

24 (a) ADOPTION OF STANDARD FOR PRIVATE SECTOR

25 EMERGENCY PREPAREDNESS.—The Secretary of Home-
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1 land Security shall consult with the American National 

2 Standards Institute in the development of the standards 

3 to promote private sector emergency preparedness and 

4 shall promote the adoption of such standards by institu5 tions and industries in the private sector. 

6 (b) INSURANCE AND CREDIT-RATING AGENCIES.—It 

7 is the sense of the Congress that—

8 (1) insurance companies and credit-rating agen9 cies should consider the extent to which any business 

10 applicant for insurance or credit is in compliance 

11 with any applicable standard established by the 

12 American National Standards Institute to promote 

13 private sector emergency preparedness in consid14 ering such application; and 

15 (2) the standard of care owed by any company 

16 to its employees and the public should include com17 pliance by such company with any applicable stand18 ard established by the American National Standards 

19 Institute to promote private sector emergency pre20 paredness. 

21 TITLE VII—UNITY OF EFFORT IN 

22 SHARING INFORMATION 

23 SEC. 701. UNITY OF EFFORT IN SHARING INFORMATION. 

24 The President shall submit to Congress a proposal 

25 that—
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1 (1) provides incentives to executive agencies to 

2 establish procedures for the sharing and security of 

3 information, that restores a better balance between 

4 security and shared knowledge; 

5 (2) establishes a Government-wide effort lead 

6 by the President to bring the major national security 

7 institutions into the information revolution; and 

8 (3) coordinates the resolution of the legal, pol9 icy, and technical issues associated with information 

10 sharing across agencies to create a ‘‘trusted infor11 mation network’’. 

12 TITLE VIII—UNITY OF EFFORT 

13 IN CONGRESS 

14 SEC. 801. APPROPRIATIONS FOR INTELLIGENCE. 

15 (a) SINGLE APPROPRIATION BILL FOR INTEL16 LIGENCE.—The House of Representatives and the Senate 

17 should each pass a single general appropriation bill for 

18 intelligence containing an unclassified figure that con19 stitutes the aggregate amount appropriated for intel20 ligence. 

21 (b) PUBLIC HEARINGS.—The Committees on Appro22 priations of the Senate and House of Representatives 

23 should hold public hearings regarding the aggregate 

24 amount appropriated for intelligence. 
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1 SEC. 802. ESTABLISHMENT OF EITHER A JOINT COM2 MITTEE ON INTELLIGENCE OR A STANDING 

3 COMMITTEE ON INTELLIGENCE IN EACH 

4 HOUSE OF CONGRESS. 

5 As an exercise of their rulemaking powers, the House 

6 of Representatives and the Senate shall review the func7 tions and responsibilities of the Select Committee on Intel8 ligence of the Senate and the Permanent Select Committee 

9 on Intelligence of the House of Representatives and estab10 lish either a Joint Committee on Intelligence (modeled 

11 after the Joint Committee on Atomic Energy), or a single 

12 standing committee in each House of Congress that would 

13 authorize and appropriate funds for intelligence and 

14 counterterrorism and conduct oversight over such meas15 ures and matters. 

16 SEC. 803. OVERSIGHT OF HOMELAND SECURITY. 

17 As an exercise of their rulemaking powers, the House 

18 of Representatives and the Senate shall each determine 

19 how to provide a single, principal point of oversight for 

20 homeland security, which shall exercise such jurisdiction 

21 as each house shall determine, and which shall employ a 

22 nonpartisan staff. 

23 SEC. 804. EXECUTIVE APPOINTMENTS. 

24 It is the sense of Congress that the President and 

25 Congress should take steps to minimize, to the extent pos26 sible, the disruption of national security policymaking dur-
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1 ing a change of presidential administrations by accel2 erating the process for national security appointments 

3 that require the advice and consent of the Senate in order 

4 for transitions from one President to the next to proceed 

5 more effectively and to allow new officials to assume their 

6 new responsibilities as quickly as possible. 

7 TITLE IX—ORGANIZING AMER8 ICA’S DEFENSE IN THE 

9 UNITED STATES 

10 SEC. 901. ESTABLISHMENT OF A SPECIALIZED AND INTE11 GRATED NATIONAL SECURITY WORKFORCE 

12 AT THE FEDERAL BUREAU OF INVESTIGA13 TION. 

14 The President shall direct the Attorney General to 

15 take such steps as may be necessary to establish a special16 ized and integrated national security workforce at the 

17 Federal Bureau of Investigation. Such workforce shall 

18 consist of agents, analysts, linguists, and surveillance spe19 cialists who shall be recruited, trained, and compensated 

20 in a manner consistent with ensuring the development and 

21 retention of an institutional culture having expertise in in22 telligence and national security matters. 

23 SEC. 902. REGULAR READINESS ASSESSMENTS. 

24 (a) DEPARTMENT OF DEFENSE.—The Secretary of 

25 Defense shall regularly assess the adequacy of strategies 
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1 and planning of the United States Northern Command to 

2 defend the United States against military threats to the 

3 homeland. 

4 (b) DEPARTMENT OF HOMELAND SECURITY.—The 

5 Secretary of Homeland Security shall regularly assess the 

6 types of threats the Nation faces to determine—

7 (1) the adequacy of the Government’s plans, 

8 and the progress against those plans, to protect the 

9 Nation’s critical infrastructure; and 

10 (2) the readiness of the Government to respond 

11 to the threats that the United States might face. 

12 (c) CONGRESSIONAL OVERSIGHT COMMITTEES.—The 

13 congressional committees with responsibility for oversight 

14 of the Department of Defense should regularly assess the 

15 matters referred to in subsection (a). The congressional 

16 committees with responsibility for oversight of the Depart17 ment of Homeland Security should regularly assess the 

18 matters referred to in subsection (b).

Æ