H. R. 1585—332 
(F) the annual and cumulative cost to the Government 
for the program, including a comparison of costs of the 
same service provided by the Air Force; 
(2) an assessment of the impact of outsourcing air refueling 
on the Air Force’s flying hour program and aircrew training; 
and 
(3) any other data that the Secretary determines is appro-
priate for evaluating the performance of the commercial air 
refueling providers participating in the pilot program. 
(d) COMPTROLLER GENERAL REVIEW.—The Comptroller General 
shall submit to the congressional defense committees— 
(1) an annual review of the conduct of the pilot program 
under this section and any recommendations of the Comptroller 
General for improving the program; and 
(2) not later than 90 days after the completion of the 
pilot program, a final assessment of the results of the pilot 
program and the recommendations of the Comptroller General 
for whether the Secretary of the Air Force should continue 
to utilize fee-for-service air refueling. 
SEC. 1082. ADVISORY PANEL ON DEPARTMENT OF DEFENSE CAPABILI-
TIES FOR SUPPORT OF CIVIL AUTHORITIES AFTER CER-
TAIN INCIDENTS. 
(a) IN GENERAL.—The Secretary of Defense shall establish an 
advisory panel to carry out an assessment of the capabilities of 
the Department of Defense to provide support to United States 
civil authorities in the event of a chemical, biological, radiological, 
nuclear, or high-yield explosive (CBRNE) incident. 
(b) PANEL MATTERS.— 
(1) IN GENERAL.—The advisory panel required by subsection 
(a) shall consist of individuals appointed by the Secretary of 
Defense (in consultation with the chairmen and ranking mem-
bers of the Committees on Armed Services of the Senate and 
the House of Representatives) from among private citizens of 
the United States with expertise in the legal, operational, and 
organizational aspects of the management of the consequences 
of a chemical, biological, radiological, nuclear, or high-yield 
explosive incident. 
(2) DEADLINE
FOR
APPOINTMENT.—All members of the 
advisory panel shall be appointed under this subsection not 
later than 30 days after the date on which the Secretary enters 
into the contract required by subsection (c). 
(3) INITIAL
MEETING.—The advisory panel shall conduct 
its first meeting not later than 30 days after the date that 
all appointments to the panel have been made under this 
subsection. 
(4) PROCEDURES.—The advisory panel shall carry out its 
duties under this section under procedures established under 
subsection (c) by the federally funded research and development 
center with which the Secretary contracts under that sub-
section. Such procedures shall include procedures for the selec-
tion of a chairman of the advisory panel from among its mem-
bers. 
(c) SUPPORT OF FEDERALLY FUNDED RESEARCH AND DEVELOP-
MENT CENTER.— 
(1) IN GENERAL.—The Secretary of Defense shall enter into 
a contract with a federally funded research and development
H. R. 1585—333 
center for the provision of support and assistance to the 
advisory panel required by subsection (a) in carrying out its 
duties under this section. Such support and assistance shall 
include the establishment of the procedures of the advisory 
panel under subsection (b)(4). 
(2) DEADLINE FOR CONTRACT.—The Secretary shall enter 
into the contract required by this subsection not later than 
60 days after the date of the enactment of this Act. 
(d) DUTIES OF PANEL.—The advisory panel required by sub-
section (a) shall— 
(1) evaluate the authorities and capabilities of the Depart-
ment of Defense to conduct operations in support to United 
States civil authorities in the event of a chemical, biological, 
radiological, nuclear, or high-yield explosive incident, including 
the authorities and capabilities of the military departments, 
the Defense Agencies, the combatant commands, any supporting 
commands, and the reserve components of the Armed Forces 
(including the National Guard in a Federal and non-Federal 
status); 
(2) assess the adequacy of existing plans and programs 
of the Department of Defense for training and equipping dedi-
cated, special, and general purposes forces for conducting oper-
ations described in paragraph (1) across a broad spectrum 
of scenarios, including current National Planning Scenarios 
as applicable; 
(3) assess policies, directives, and plans of the Department 
of Defense in support of civilian authorities in managing the 
consequences of a chemical, biological, radiological, nuclear, 
or high-yield explosive incident; 
(4) assess the adequacy of policies and structures of the 
Department of Defense for coordination with other department 
and agencies of the Federal Government, especially the Depart-
ment of Homeland Security, the Department of Energy, the 
Department of Justice, and the Department of Health and 
Human Services, in the provision of support described in para-
graph (1); 
(5) assess the adequacy and currency of information avail-
able to the Department of Defense, whether directly or through 
other departments and agencies of the Federal Government, 
from State and local governments in circumstances where the 
Department provides support described in paragraph (1) 
because State and local response capabilities are not fully ade-
quate for a comprehensive response; 
(6) assess the equipment capabilities and needs of the 
Department of Defense to provide support described in para-
graph (1); 
(7) develop recommendations for modifying the capabilities, 
plans, policies, equipment, and structures evaluated or assessed 
under this subsection in order to improve the provision by 
the Department of Defense of the support described in para-
graph (1); and 
(8) assess and make recommendations on— 
(A) whether there should be any additional Weapons 
of Mass Destruction Civil Support Teams, beyond the 55 
already authorized and, if so, how many additional Civil 
Support Teams, and where they should be located; and
H. R. 1585—334 
(B) what criteria and considerations are appropriate 
to determine whether additional Civil Support Teams are 
needed and, if so, where they should be located. 
(e) COOPERATION OF OTHER AGENCIES.— 
(1) IN GENERAL.—The advisory panel required by subsection 
(a) may secure directly from the Department of Defense, the 
Department of Homeland Security, the Department of Energy, 
the Department of Justice, the Department of Health and 
Human Services, and any other department or agency of the 
Federal Government information that the panel considers nec-
essary for the panel to carry out its duties. 
(2) COOPERATION.—The Secretary of Defense, the Secretary 
of Homeland Secretary, the Secretary of Energy, the Attorney 
General, the Secretary of Health and Human Services, and 
any other official of the United States shall provide the advisory 
panel with full and timely cooperation in carrying out its duties 
under this section. 
(f) REPORT.—Not later than 12 months after the date of the 
initial meeting of the advisory panel required by subsection (a), 
the advisory panel shall submit to the Secretary of Defense, and 
to the Committees on Armed Services of the Senate and the House 
of Representatives, a report on activities under this section. The 
report shall set forth— 
(1) the findings, conclusions, and recommendations of the 
advisory panel for improving the capabilities of the Department 
of Defense to provide support to United States civil authorities 
in the event of a chemical, biological, radiological, nuclear, 
or high-yield explosive incident; and 
(2) such other findings, conclusions, and recommendations 
for improving the capabilities of the Department for homeland 
defense as the advisory panel considers appropriate. 
SEC. 1083. TERRORISM EXCEPTION TO IMMUNITY. 
(a) TERRORISM EXCEPTION TO IMMUNITY.— 
(1) IN GENERAL.—Chapter 97 of title 28, United States 
Code, is amended by inserting after section 1605 the following: 
‘‘§ 1605A. Terrorism exception to the jurisdictional immunity 
of a foreign state 
‘‘(a) IN GENERAL.— 
‘‘(1) NO IMMUNITY.—A foreign state shall not be immune 
from the jurisdiction of courts of the United States or of the 
States in any case not otherwise covered by this chapter in 
which money damages are sought against a foreign state for 
personal injury or death that was caused by an act of torture, 
extrajudicial killing, aircraft sabotage, hostage taking, or the 
provision of material support or resources for such an act 
if such act or provision of material support or resources is 
engaged in by an official, employee, or agent of such foreign 
state while acting within the scope of his or her office, employ-
ment, or agency. 
‘‘(2) CLAIM HEARD.—The court shall hear a claim under 
this section if— 
‘‘(A)(i)(I) the foreign state was designated as a state 
sponsor of terrorism at the time the act described in para-
graph (1) occurred, or was so designated as a result of 
such act, and, subject to subclause (II), either remains