234
hostile forces, including aviation, bridge and tunnel, 
commuter rail and ferry, highway, maritime, pipe-
line, rail, urban mass transit, and other public trans-
portation infrastructure assets that could be at risk 
of such an attack or disruption. 
(2) The development of the risk-based prior-
ities, and realistic deadlines, for addressing security 
needs associated with those assets. 
(3) The most practical and cost-effective means 
of defending those assets against threats to their se-
curity. 
(4) A forward-looking strategic plan that as-
signs transportation security roles and missions to 
departments and agencies of the Federal Govern-
ment (including the Armed Forces), State govern-
ments (including the Army National Guard and Air 
National Guard), local governments, and public utili-
ties, and establishes mechanisms for encouraging 
private sector cooperation and participation in the 
implementation of such plan. 
(5) A comprehensive delineation of response 
and recovery responsibilities and issues regarding 
threatened and executed acts of terrorism within the 
United States.
235
(6) A prioritization of research and development 
objectives that support transportation security 
needs, giving a higher priority to research and devel-
opment directed toward protecting vital assets. 
(7) A budget and recommendations for appro-
priate levels and sources of funding to meet the ob-
jectives set forth in the strategy. 
(c) SUBMISSIONS TO CONGRESS.—
(1) THE NATIONAL STRATEGY.—
(A) INITIAL STRATEGY.—The Secretary of 
Homeland Security shall submit the National 
Strategy for Transportation Security developed 
under this section to Congress not later than 
April 1, 2005. 
(B) SUBSEQUENT VERSIONS.—After 2005, 
the Secretary of Homeland Security shall sub-
mit the National Strategy for Transportation 
Security, including any revisions, to Congress 
not less frequently than April 1 of each even-
numbered year. 
(2) PERIODIC PROGRESS REPORT.—
(A) REQUIREMENT
FOR
REPORT.—Each 
year, in conjunction with the submission of the 
budget to Congress under section 1105(a) of 
title 31, United States Code, the Secretary of
236
Homeland Security shall submit to Congress an 
assessment of the progress made on imple-
menting the National Strategy for Transpor-
tation Security. 
(B) 
CONTENT.—Each 
progress 
report 
under this paragraph shall include, at a min-
imum, the following matters: 
(i) An assessment of the adequacy of 
the resources committed to meeting the ob-
jectives of the National Strategy for 
Transportation Security. 
(ii) Any recommendations for improv-
ing and implementing that strategy that 
the Secretary, in consultation with the Sec-
retary of Transportation, considers appro-
priate. 
(3) CLASSIFIED MATERIAL.—Any part of the 
National Strategy for Transportation Security that 
involves information that is properly classified under 
criteria established by Executive order shall be sub-
mitted to Congress separately in classified form. 
(d) PRIORITY STATUS.—
(1) IN GENERAL.—The National Strategy for 
Transportation Security shall be the governing docu-
ment for Federal transportation security efforts.
237
(2) OTHER
PLANS
AND
REPORTS.—The Na-
tional Strategy for Transportation Security shall in-
clude, as an integral part or as an appendix—
(A) the current National Maritime Trans-
portation Security Plan under section 70103 of 
title 46, United States Code; 
(B) the report of the Secretary of Trans-
portation under section 44938 of title 49, 
United States Code; and 
(C) any other transportation security plan 
or report that the Secretary of Homeland Secu-
rity determines appropriate for inclusion. 
SEC. 703. USE OF WATCHLISTS FOR PASSENGER AIR 
TRANSPORTATION SCREENING. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity, acting through the Transportation Security Adminis-
tration, as soon as practicable after the date of the enact-
ment of this Act but in no event later than 90 days after 
that date, shall—
(1) implement a procedure under which the 
Transportation Security Administration compares 
information about passengers who are to be carried 
aboard a passenger aircraft operated by an air car-
rier or foreign air carrier in air transportation or 
intrastate air transportation for flights and flight
238
segments originating in the United States with a 
comprehensive, consolidated database containing in-
formation about known or suspected terrorists and 
their associates; and 
(2) use the information obtained by comparing 
the passenger information with the information in 
the database to prevent known or suspected terror-
ists and their associates from boarding such flights 
or flight segments or to subject them to specific ad-
ditional security scrutiny, through the use of ‘‘no 
fly’’ and ‘‘automatic selectee’’ lists or other means. 
(b) AIR CARRIER COOPERATION.—The Secretary of 
Homeland Security, in coordination with the Secretary of 
Transportation, shall by order require air carriers to pro-
vide the passenger information necessary to implement the 
procedure required by subsection (a). 
(c) MAINTAINING THE ACCURACY AND INTEGRITY OF 
THE ‘‘NO FLY’’ AND ‘‘AUTOMATIC SELECTEE’’ LISTS.—
(1) WATCHLIST DATABASE.—The Secretary of 
Homeland Security, in consultation with the Direc-
tor of the Federal Bureau of Investigation, shall de-
sign guidelines, policies, and operating procedures 
for the collection, removal, and updating of data 
maintained, or to be maintained, in the watchlist 
database described in subsection (a)(1) that are de-
239
signed to ensure the accuracy and integrity of the 
database. 
(2) ACCURACY OF ENTRIES.—In developing the 
‘‘no fly’’ and ‘‘automatic selectee’’ lists under sub-
section (a)(2), the Secretary of Homeland Security 
shall establish a simple and timely method for cor-
recting erroneous entries, for clarifying information 
known to cause false hits or misidentification errors, 
and for updating relevant information that is dis-
positive in the passenger screening process. The Sec-
retary shall also establish a process to provide indi-
viduals whose names are confused with, or similar 
to, names in the database with a means of dem-
onstrating that they are not a person named in the 
database. 
SEC. 704. ENHANCED PASSENGER AND CARGO SCREENING. 
(a) AIRCRAFT PASSENGER SCREENING AT CHECK-
POINTS.—
(1) DETECTION OF EXPLOSIVES.—
(A) IMPROVEMENT OF CAPABILITIES.—As 
soon as practicable after the date of the enact-
ment of this Act, the Secretary of Homeland 
Security shall take such action as is necessary 
to improve the capabilities at passenger screen-
ing checkpoints, especially at commercial air-
240
ports, to detect explosives carried aboard air-
craft by passengers or placed aboard aircraft by 
passengers. 
(B) INTERIM ACTION.—Until measures are 
implemented that enable the screening of all 
passengers for explosives, the Secretary shall 
take immediate measures to require Transpor-
tation Security Administration or other screen-
ers to screen for explosives any individual iden-
tified for additional screening before that indi-
vidual may board an aircraft. 
(2) IMPLEMENTATION REPORT.—
(A) REQUIREMENT FOR REPORT.—Within 
90 days after the date of the enactment of this 
Act, the Secretary of Homeland Security shall 
transmit to the Senate and the House of Rep-
resentatives a report on how the Secretary in-
tends to achieve the objectives of the actions re-
quired under paragraph (1). The report shall 
include an implementation schedule. 
(B) CLASSIFIED INFORMATION.—The Sec-
retary may submit separately in classified form 
any information in the report under subpara-
graph (A) that involves information that is
241
properly classified under criteria established by 
Executive order. 
(b) ACCELERATION OF RESEARCH AND DEVELOP-
MENT ON, AND DEPLOYMENT OF, DETECTION OF EXPLO-
SIVES.—
(1) REQUIRED
ACTION.—The Secretary of 
Homeland Security, in consultation with the Sec-
retary of Transportation, shall take such action as 
may be necessary to accelerate research and develop-
ment and deployment of technology for screening 
aircraft passengers for explosives during or before 
the aircraft boarding process. 
(2) AUTHORIZATION
OF
APPROPRIATIONS.—
There are authorized to be appropriated to the Sec-
retary such sums as are necessary to carry out this 
subsection for each of fiscal years 2005 through 
2009. 
(c) IMPROVEMENT
OF SCREENER JOB PERFORM-
ANCE.—
(1) REQUIRED
ACTION.—The Secretary of 
Homeland Security shall take such action as may be 
necessary to improve the job performance of airport 
screening personnel. 
(2) HUMAN FACTORS STUDY.—In carrying out 
this subsection, the Secretary shall, not later than
242
180 days after the date of the enactment of this Act, 
conduct a human factors study in order better to un-
derstand problems in screener performance and to 
set attainable objectives for individual screeners and 
screening checkpoints. 
(d) CHECKED BAGGAGE AND CARGO.—
(1) IN-LINE BAGGAGE SCREENING.—The Sec-
retary of Homeland Security shall take such action 
as may be necessary to expedite the installation and 
use of advanced in-line baggage-screening equipment 
at commercial airports. 
(2) CARGO
SECURITY.—The Secretary shall 
take such action as may be necessary to ensure that 
the Transportation Security Administration in-
creases and improves its efforts to screen potentially 
dangerous cargo. 
(3) HARDENED CONTAINERS.—The Secretary, 
in consultation with the Secretary of Transportation, 
shall require air carriers to deploy at least 1 hard-
ened container for containing baggage or cargo 
items in each passenger aircraft that also carries 
cargo. 
(e) COST-SHARING.—Not later than 45 days after the 
date of the enactment of this Act, the Secretary of Home-
land Security, in consultation with representatives of air
243
carriers, airport operators, and other interested parties, 
shall submit to the Senate and the House of Representa-
tives—
(1) a proposed formula for cost-sharing, for the 
advanced in-line baggage screening equipment re-
quired by this title, between and among the Federal 
Government, State and local governments, and the 
private sector that reflects proportionate national se-
curity benefits and private sector benefits for such 
enhancement; and 
(2) recommendations, including recommended 
legislation, for an equitable, feasible, and expeditious 
system for defraying the costs of the advanced in-
line baggage screening equipment required by this 
title, which may be based on the formula proposed 
under paragraph (1). 
TITLE VIII—NATIONAL 
PREPAREDNESS 
SEC. 801. HOMELAND SECURITY ASSISTANCE. 
(a) DEFINITIONS.—In this section: 
(1) 
COMMUNITY.—The 
term 
‘‘community’’ 
means a State, local government, or region. 
(2) HOMELAND
SECURITY
ASSISTANCE.—The 
term ‘‘homeland security assistance’’ means grants 
or other financial assistance provided by the Depart-
244
ment of Homeland Security under the State Home-
land Security Grants Program, the Urban Areas Se-
curity Initiative, or the Law Enforcement Terrorism 
Prevention Program. 
(3) LOCAL
GOVERNMENT.—The term ‘‘local 
government’’ has the meaning given that term in 
section 2(10) of the Homeland Security Act of 2002 
(6 U.S.C. 101(10)). 
(4) REGION.—The term ‘‘region’’ means any 
intrastate or interstate consortium of local govern-
ments. 
(5) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Homeland Security. 
(6) STATE.—The term ‘‘State’’ has the mean-
ing given that term in section 2(14) of the Home-
land Security Act of 2002 (6 U.S.C. 101(14)). 
(7) UNDER
SECRETARY.—The term ‘‘Under 
Secretary’’ means the Under Secretary of Homeland 
Security for Information Analysis and Infrastructure 
Protection. 
(b) IN
GENERAL.—The Secretary shall allocate 
homeland security assistance to communities based on—
(1) the level of threat faced by a community, as 
determined by the Secretary through the Under Sec-
245
retary, in consultation with the National Intelligence 
Director; 
(2) the critical infrastructure in the community, 
and the risks to and vulnerability of that infrastruc-
ture, as identified and assessed by the Secretary 
through the Under Secretary; 
(3) the community’s population and population 
density; 
(4) such other indicia of a community’s risk 
and vulnerability as the Secretary determines is ap-
propriate; 
(5) the benchmarks developed under subsection 
(d)(4)(A); and 
(6) the goal of achieving and enhancing essen-
tial emergency preparedness and response capabili-
ties throughout the Nation. 
(c) REALLOCATION OF ASSISTANCE.—A State receiv-
ing homeland security assistance may reallocate such as-
sistance, in whole or in part, among local governments or 
other entities, only if such reallocation is made on the 
basis of an assessment of threats, risks, and vulnerabilities 
of the local governments or other entities that is consistent 
with the criteria set forth in subsection (b). 
(d) ADVISORY PANEL.—
246
(1) ESTABLISHMENT.—Not later than 60 days 
after the date of enactment of this Act, the Sec-
retary shall establish an advisory panel to assist the 
Secretary in determining how to allocate homeland 
security assistance funds most effectively among 
communities, consistent with the criteria set out in 
subsection (b). 
(2) SELECTION OF MEMBERS.—The Secretary 
shall appoint no fewer than 10 individuals to serve 
on the advisory panel. The individuals shall—
(A) be chosen on the basis of their knowl-
edge, achievements, and experience; 
(B) be from diverse geographic and profes-
sional backgrounds; and 
(C) have demonstrated expertise in home-
land security or emergency preparedness and 
response. 
(3) TERM.—Each member of the advisory panel 
appointed by the Secretary shall serve a term the 
length of which is to be determined by the Secretary, 
but which shall not exceed 5 years. 
(4) RESPONSIBILITIES.—The advisory panel 
shall—
(A) develop benchmarks by which the 
needs and capabilities of diverse communities
247
throughout the Nation with respect to potential 
terrorist attacks may be assessed, and review 
and revise those benchmarks as appropriate; 
and 
(B) advise the Secretary on means of es-
tablishing appropriate priorities for the alloca-
tion of funding among applicants for homeland 
security assistance. 
(5) REPORTS.—Not later than 1 year after the 
date of enactment of this Act, and annually there-
after, the advisory panel shall provide the Secretary 
and Congress with a report on the benchmarks it 
has developed under paragraph (4)(A), including any 
revisions or modifications to such benchmarks. 
(6) APPLICABILITY
OF
FEDERAL
ADVISORY 
COMMITTEE ACT.—The Federal Advisory Committee 
Act (5 U.S.C. App.) shall apply to the advisory 
panel. 
(7) ADMINISTRATIVE SUPPORT SERVICES.—The 
Secretary shall provide administrative support serv-
ices to the advisory panel. 
(e) TECHNICAL AND CONFORMING AMENDMENT.—
Section 1014(c) of the USA PATRIOT Act of 2001 (42 
U.S.C. 3714(c)) is amended by striking paragraph (3).
248
SEC. 802. THE INCIDENT COMMAND SYSTEM. 
(a) FINDINGS.—Consistent with the report of the Na-
tional Commission on Terrorist Attacks Upon the United 
States, Congress makes the following findings: 
(1) The attacks on September 11, 2001, dem-
onstrated that even the most robust emergency re-
sponse capabilities can be overwhelmed if an attack 
is large enough. 
(2) Teamwork, collaboration, and cooperation 
at an incident site are critical to a successful re-
sponse to a terrorist attack. 
(3) Key decision makers who are represented at 
the incident command level help to ensure an effec-
tive response, the efficient use of resources, and re-
sponder safety. 
(4) Regular joint training at all levels is essen-
tial to ensuring close coordination during an actual 
incident. 
(5) Beginning with fiscal year 2005, the De-
partment of Homeland Security is requiring that en-
tities adopt the Incident Command System and 
other concepts of the National Incident Management 
System in order to qualify for funds distributed by 
the Office of State and Local Government Coordina-
tion and Preparedness.
249
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that—
(1) emergency response agencies nationwide 
should adopt the Incident Command System; 
(2) when multiple agencies or multiple jurisdic-
tions are involved, they should follow a unified com-
mand system; and 
(3) the Secretary of Homeland Security should 
require, as a further condition of receiving homeland 
security preparedness funds from the Office of State 
and Local Government Coordination and Prepared-
ness, that grant applicants document measures 
taken to fully and aggressively implement the Inci-
dent Command System and unified command proce-
dures. 
SEC. 803. NATIONAL CAPITAL REGION MUTUAL AID. 
(a) DEFINITIONS.—In this section: 
(1) AUTHORIZED
REPRESENTATIVE
OF
THE 
FEDERAL
GOVERNMENT.—The term ‘‘authorized 
representative of the Federal Government’’ means 
any individual or individuals designated by the 
President with respect to the executive branch, the 
Chief Justice with respect to the Federal judiciary, 
or the President of the Senate and Speaker of the 
House of Representatives with respect to Congress,
250
or their designees, to request assistance under a Mu-
tual Aid Agreement for an emergency or public serv-
ice event. 
(2) CHIEF
OPERATING
OFFICER.—The term 
‘‘chief operating officer’’ means the official des-
ignated by law to declare an emergency in and for 
the locality of that chief operating officer. 
(3) 
EMERGENCY.—The 
term 
‘‘emergency’’ 
means a major disaster or emergency declared by 
the President, or a state of emergency declared by 
the Mayor of the District of Columbia, the Governor 
of the State of Maryland or the Commonwealth of 
Virginia, or the declaration of a local emergency by 
the chief operating officer of a locality, or their des-
ignees, that triggers mutual aid under the terms of 
a Mutual Aid Agreement. 
(4) EMPLOYEE.—The term ‘‘employee’’ means 
the employees of the party, including its agents or 
authorized volunteers, who are committed in a Mu-
tual Aid Agreement to prepare for or who respond 
to an emergency or public service event. 
(5) LOCALITY.—The term ‘‘locality’’ means a 
county, city, or town within the State of Maryland 
or the Commonwealth of Virginia and within the 
National Capital Region.
251
(6) MUTUAL AID AGREEMENT.—The term ‘‘Mu-
tual Aid Agreement’’ means an agreement, author-
ized under subsection (b) for the provision of police, 
fire, rescue and other public safety and health or 
medical services to any party to the agreement dur-
ing a public service event, an emergency, or pre-
planned training event. 
(7) NATIONAL CAPITAL REGION OR REGION.—
The term ‘‘National Capital Region’’ or ‘‘Region’’ 
means the area defined under section 2674(f)(2) of 
title 10, United States Code, and those counties with 
a border abutting that area and any municipalities 
therein. 
(8) PARTY.—The term ‘‘party’’ means the 
State of Maryland, the Commonwealth of Virginia, 
the District of Columbia, and any of the localities 
duly executing a Mutual Aid Agreement under this 
section. 
(9) PUBLIC SERVICE EVENT.—The term ‘‘pub-
lic service event’’—
(A) means any undeclared emergency, inci-
dent or situation in preparation for or response 
to which the Mayor of the District of Columbia, 
an authorized representative of the Federal 
Government, the Governor of the State of
252
Maryland, the Governor of the Commonwealth 
of Virginia, or the chief operating officer of a 
locality in the National Capital Region, or their 
designees, requests or provides assistance under 
a Mutual Aid Agreement within the National 
Capital Region; and 
(B) includes Presidential inaugurations, 
public gatherings, demonstrations and protests, 
and law enforcement, fire, rescue, emergency 
health and medical services, transportation, 
communications, public works and engineering, 
mass care, and other support that require 
human resources, equipment, facilities or serv-
ices supplemental to or greater than the re-
questing jurisdiction can provide. 
(10) STATE.—The term ‘‘State’’ means the 
State of Maryland, the Commonwealth of Virginia, 
and the District of Columbia. 
(11) TRAINING.—The term ‘‘training’’ means 
emergency and public service event-related exercises, 
testing, or other activities using equipment and per-
sonnel to simulate performance of any aspect of the 
giving or receiving of aid by National Capital Region 
jurisdictions during emergencies or public service
253
events, such actions occurring outside actual emer-
gency or public service event periods. 
(b) MUTUAL AID AUTHORIZED.—
(1) IN GENERAL.—The Mayor of the District of 
Columbia, any authorized representative of the Fed-
eral Government, the Governor of the State of Mary-
land, the Governor of the Commonwealth of Vir-
ginia, or the chief operating officer of a locality, or 
their designees, acting within his or her jurisdic-
tional purview, may, subject to State law, enter into, 
request or provide assistance under Mutual Aid 
Agreements with localities, the Washington Metro-
politan Area Transit Authority, the Metropolitan 
Washington Airports Authority, and any other gov-
ernmental agency or authority for—
(A) law enforcement, fire, rescue, emer-
gency health and medical services, transpor-
tation, communications, public works and engi-
neering, mass care, and resource support in an 
emergency or public service event; 
(B) preparing for, mitigating, managing, 
responding to or recovering from any emer-
gency or public service event; and 
(C) training for any of the activities de-
scribed under subparagraphs (A) and (B).
254
(2) FACILITATING LOCALITIES.—The State of 
Maryland and the Commonwealth of Virginia are en-
couraged to facilitate the ability of localities to enter 
into interstate Mutual Aid Agreements in the Na-
tional Capital Region under this section. 
(3) APPLICATION AND EFFECT.—This section—
(A) does not apply to law enforcement se-
curity operations at special events of national 
significance under section 3056(e) of title 18, 
United States Code, or other law enforcement 
functions of the United States Secret Service; 
(B) does not diminish any authorities, ex-
press or implied, of Federal agencies to enter 
into Mutual Aid Agreements in furtherance of 
their Federal missions; and 
(C) does not—
(i) preclude any party from entering 
into supplementary Mutual Aid Agree-
ments with fewer than all the parties, or 
with another party; or 
(ii) affect any other agreement in ef-
fect before the date of enactment of this 
Act among the States and localities, in-
cluding the Emergency Management As-
sistance Compact.
255
(4) RIGHTS
DESCRIBED.—Other than as de-
scribed in this section, the rights and responsibilities 
of the parties to a Mutual Aid Agreement entered 
into under this section shall be as described in the 
Mutual Aid Agreement. 
(c) DISTRICT OF COLUMBIA.—
(1) IN
GENERAL.—The District of Columbia 
may purchase liability and indemnification insurance 
or become self insured against claims arising under 
a Mutual Aid Agreement authorized under this sec-
tion. 
(2) AUTHORIZATION
OF
APPROPRIATIONS.—
There are authorized to be appropriated such sums 
as may be necessary to carry out paragraph (1). 
(d) LIABILITY AND ACTIONS AT LAW.—
(1) IN GENERAL.—Any responding party or its 
officers or employees rendering aid or failing to 
render aid to the District of Columbia, the Federal 
Government, the State of Maryland, the Common-
wealth of Virginia, or a locality, under a Mutual Aid 
Agreement authorized under this section, and any 
party or its officers or employees engaged in training 
activities with another party under such a Mutual 
Aid Agreement, shall be liable on account of any act 
or omission of its officers or employees while so en-
256
gaged or on account of the maintenance or use of 
any related equipment, facilities, or supplies, but 
only to the extent permitted under the laws and pro-
cedures of the State of the party rendering aid. 
(2) ACTIONS.—Any action brought against a 
party or its officers or employees on account of an 
act or omission in the rendering of aid to the Dis-
trict of Columbia, the Federal Government, the 
State of Maryland, the Commonwealth of Virginia, 
or a locality, or failure to render such aid or on ac-
count of the maintenance or use of any related 
equipment, facilities, or supplies may be brought 
only under the laws and procedures of the State of 
the party rendering aid and only in the Federal or 
State courts located therein. Actions against the 
United States under this section may be brought 
only in Federal courts. 
(3) GOOD FAITH EXCEPTION.—
(A) DEFINITION.—In this paragraph, the 
term ‘‘good faith’’ shall not include willful mis-
conduct, gross negligence, or recklessness. 
(B) EXCEPTION.—No State or locality, or 
its officers or employees, rendering aid to an-
other party, or engaging in training, under a 
Mutual Aid Agreement shall be liable under
257
Federal law on account of any act or omission 
performed in good faith while so engaged, or on 
account of the maintenance or use of any re-
lated equipment, facilities, or supplies per-
formed in good faith. 
(4) IMMUNITIES.—This section shall not abro-
gate any other immunities from liability that any 
party has under any other Federal or State law. 
(d) WORKERS COMPENSATION.—
(1) COMPENSATION.—Each party shall provide 
for the payment of compensation and death benefits 
to injured members of the emergency forces of that 
party and representatives of deceased members of 
such forces if such members sustain injuries or are 
killed while rendering aid to the District of Colum-
bia, the Federal Government, the State of Maryland, 
the Commonwealth of Virginia, or a locality, under 
a Mutual Aid Agreement, or engaged in training ac-
tivities under a Mutual Aid Agreement, in the same 
manner and on the same terms as if the injury or 
death were sustained within their own jurisdiction. 
(2) OTHER STATE LAW.—No party shall be lia-
ble under the law of any State other than its own 
for providing for the payment of compensation and 
death benefits to injured members of the emergency
258
forces of that party and representatives of deceased 
members of such forces if such members sustain in-
juries or are killed while rendering aid to the Dis-
trict of Columbia, the Federal Government, the 
State of Maryland, the Commonwealth of Virginia, 
or a locality, under a Mutual Aid Agreement or en-
gaged in training activities under a Mutual Aid 
Agreement. 
(e) LICENSES AND PERMITS.—If any person holds a 
license, certificate, or other permit issued by any respond-
ing party evidencing the meeting of qualifications for pro-
fessional, mechanical, or other skills and assistance is re-
quested by a receiving jurisdiction, such person will be 
deemed licensed, certified, or permitted by the receiving 
jurisdiction to render aid involving such skill to meet a 
public service event, emergency or training for any such 
events. 
SEC. 804. ASSIGNMENT OF SPECTRUM FOR PUBLIC SAFETY. 
Section 309(j)(14) of the Communications Act of 
1934 (47 U.S.C. 309(j)(14)) is amended by adding at the 
end the following: 
‘‘(E) EXTENSIONS
NOT
PERMITTED
FOR 
CHANNELS (63, 64, 68 AND 69) REASSIGNED FOR 
PUBLIC
SAFETY
SERVICES.—Notwithstanding 
subparagraph (B), the Commission shall not
259
grant any extension under such subparagraph 
from the limitation of subparagraph (A) with 
respect to the frequencies assigned, under sec-
tion 337(a)(1), for public safety services. The 
Commission shall take all actions necessary to 
complete assignment of the electromagnetic 
spectrum between 764 and 776 megahertz, in-
clusive, and between 794 and 806 megahertz, 
inclusive, for public safety services and to per-
mit operations by public safety services on those 
frequencies commencing not later than January 
1, 2007.’’. 
SEC. 805. URBAN AREA COMMUNICATIONS CAPABILITIES. 
(a) IN GENERAL.—Title V of the Homeland Security 
Act of 2002 (6 U.S.C. 311 et seq.) is amended by adding 
at the end the following: 
‘‘SEC. 510. HIGH RISK URBAN AREA COMMUNICATIONS CA-
PABILITIES. 
‘‘The Secretary, in consultation with the Federal 
Communications Commission and the Secretary of De-
fense, and with appropriate governors, mayors, and other 
State and local government officials, shall encourage and 
support the establishment of consistent and effective com-
munications capabilities in the event of an emergency in 
urban areas determined by the Secretary to be at consist-
260
ently high levels of risk from terrorist attack. Such com-
munications capabilities shall ensure the ability of all lev-
els of government agencies, including military authorities, 
and of first responders, hospitals, and other organizations 
with emergency response capabilities to communicate with 
each other in the event of an emergency. Additionally, the 
Secretary, in conjunction with the Secretary of Defense, 
shall develop plans to provide back-up and additional com-
munications support in the event of an emergency.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.—
Section 1(b) of that Act is amended by inserting after the 
item relating to section 509 the following:
‘‘Sec. 510. High risk urban area communications capabilities.’’.
SEC. 806. PRIVATE SECTOR PREPAREDNESS. 
(a) FINDINGS.—Consistent with the report of the Na-
tional Commission on Terrorist Attacks Upon the United 
States, Congress makes the following findings: 
(1) Private sector organizations own 85 percent 
of the Nation’s critical infrastructure and employ 
the vast majority of the Nation’s workers. 
(2) Unless a terrorist attack targets a military 
or other secure government facility, the first people 
called upon to respond will likely be civilians. 
(3) Despite the exemplary efforts of some pri-
vate entities, the private sector remains largely un-
prepared for a terrorist attack, due in part to the
261
lack of a widely accepted standard for private sector 
preparedness. 
(4) Preparedness in the private sector and pub-
lic sector for rescue, restart and recovery of oper-
ations should include—
(A) a plan for evacuation; 
(B) adequate communications capabilities; 
and 
(C) a plan for continuity of operations. 
(5) The American National Standards Institute 
recommends a voluntary national preparedness 
standard for the private sector based on the existing 
American National Standard on Disaster/Emergency 
Management and Business Continuity Programs 
(NFPA 1600), with appropriate modifications. This 
standard would establish a common set of criteria 
and terminology for preparedness, disaster manage-
ment, emergency management, and business con-
tinuity programs. 
(6) The mandate of the Department of Home-
land Security extends to working with the private 
sector, as well as government entities. 
(b) PRIVATE SECTOR PREPAREDNESS PROGRAM.—
(1) IN GENERAL.—Title V of the Homeland Se-
curity Act of 2002 (6 U.S.C. 311 et seq.), as amend-
262
ed by section 805, is amended by adding at the end 
the following: 
‘‘SEC. 511. PRIVATE SECTOR PREPAREDNESS PROGRAM. 
‘‘The Secretary shall establish a program to promote 
private sector preparedness for terrorism and other emer-
gencies, including promoting the adoption of a voluntary 
national preparedness standard such as the private sector 
preparedness standard developed by the American Na-
tional Standards Institute and based on the National Fire 
Protection Association 1600 Standard on Disaster/Emer-
gency Management and Business Continuity Programs.’’. 
(2) TECHNICAL
AND
CONFORMING
AMEND-
MENT.—Section 1(b) of that Act, as amended by 
section 805, is amended by inserting after the item 
relating to section 510 the following:
‘‘Sec. 511. Private sector preparedness program.’’.
(c) SENSE OF CONGRESS.—It is the sense of Con-
gress that insurance and credit-rating industries should 
consider compliance with the voluntary national prepared-
ness standard, the adoption of which is promoted by the 
Secretary of Homeland Security under section 511 of the 
Homeland Security Act of 2002, as added by subsection 
(b), in assessing insurability and credit worthiness. 
SEC. 807. CRITICAL INFRASTRUCTURE AND READINESS AS-
SESSMENTS. 
(a) FINDINGS.—Congress finds the following:
263
(1) Under section 201 of the Homeland Secu-
rity Act of 2002 (6 U.S.C 121), the Department of 
Homeland Security, through the Under Secretary 
for Information Analysis and Infrastructure Protec-
tion, has the responsibility—
(A) to carry out comprehensive assess-
ments of the vulnerabilities of the key resources 
and critical infrastructure of the United States, 
including the performance of risk assessments 
to determine the risks posed by particular types 
of terrorist attacks within the United States; 
(B) to identify priorities for protective and 
supportive measures; and 
(C) to develop a comprehensive national 
plan for securing the key resources and critical 
infrastructure of the United States. 
(2) Under Homeland Security Presidential Di-
rective 7, issued on December 17, 2003, the Sec-
retary of Homeland Security was given 1 year to de-
velop a comprehensive plan to identify, prioritize, 
and coordinate the protection of critical infrastruc-
ture and key resources. 
(3) Consistent with the report of the National 
Commission on Terrorist Attacks Upon the United
264
States, 
the 
Secretary 
of 
Homeland 
Security 
should—
(A) identify those elements of the United 
States’ transportation, energy, communications, 
financial, and other institutions that need to be 
protected; 
(B) develop plans to protect that infra-
structure; and 
(C) exercise mechanisms to enhance pre-
paredness. 
(b) REPORTS ON RISK ASSESSMENT AND READI-
NESS.—Not later than 180 days after the date of enact-
ment of this Act and annually thereafter, the Secretary 
of Homeland Security shall submit a report to Congress 
on—
(1) the Department of Homeland Security’s 
progress in completing vulnerability and risk assess-
ments of the Nation’s critical infrastructure; 
(2) the adequacy of the Government’s plans to 
protect such infrastructure; and 
(3) the readiness of the Government to respond 
to threats against the United States.
265
SEC. 808. REPORT ON NORTHERN COMMAND AND DEFENSE 
OF THE UNITED STATES HOMELAND. 
(a) FINDINGS.—Consistent with the report of the Na-
tional Commission on Terrorist Attacks Upon the United 
States, Congress makes the following findings: 
(1) The primary responsibility for national de-
fense is with the Department of Defense and the 
secondary responsibility for national defense is with 
the Department of Homeland Security, and the 2 
departments must have clear delineations of respon-
sibility. 
(2) Before September 11, 2001, the North 
American Aerospace Defense Command (hereafter in 
this section referred to as ‘‘NORAD’’), which had 
responsibility for defending United States airspace 
on September 11, 2001— 
(A) focused on threats coming from out-
side the borders of the United States; and 
(B) had not increased its focus on ter-
rorism within the United States, even though 
the intelligence community had gathered intel-
ligence on the possibility that terrorists might 
turn to hijacking and even the use of airplanes 
as missiles within the United States.
266
(3) The United States Northern Command has 
been established to assume responsibility for defense 
within the United States. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that—
(1) the Secretary of Defense should regularly 
assess the adequacy of United States Northern Com-
mand’s plans and strategies with a view to ensuring 
that the United States Northern Command is pre-
pared to respond effectively to all military and para-
military threats within the United States; and 
(2) the Committee on Armed Services of the 
Senate and the Committee on Armed Services of the 
House of Representatives should periodically review 
and assess the adequacy of such plans and strate-
gies. 
(c) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, and every 180 days there-
after, the Secretary of Defense shall submit to the Com-
mittee on Armed Services of the Senate and the Com-
mittee on Armed Services of the House of Representatives 
a report describing the United States Northern Com-
mand’s plans and strategies to defend the United States 
against military and paramilitary threats within the 
United States.
267
TITLE IX—PROTECTION OF 
CIVIL LIBERTIES 
SEC. 901. PRIVACY AND CIVIL LIBERTIES OVERSIGHT 
BOARD. 
(a) IN GENERAL.—There is established within the 
Executive Office of the President a Privacy and Civil Lib-
erties Oversight Board (referred to in this title as the 
‘‘Board’’). 
(b) FINDINGS.—Consistent with the report of the Na-
tional Commission on Terrorist Attacks Upon the United 
States, Congress makes the following findings: 
(1) In conducting the war on terrorism, the 
Government may need additional powers and may 
need to enhance the use of its existing powers. 
(2) This shift of power and authority to the 
Government calls for an enhanced system of checks 
and balances to protect the precious liberties that 
are vital to our way of life and to ensure that the 
Government uses its powers for the purposes for 
which the powers were given. 
(c) PURPOSE.—The Board shall—
(1) analyze and review actions the Executive 
Branch takes to protect the Nation from terrorism; 
and
268
(2) ensure that liberty concerns are appro-
priately considered in the development and imple-
mentation of laws, regulations, and policies related 
to efforts to protect the Nation against terrorism. 
(d) FUNCTIONS.—
(1) ADVICE AND COUNSEL ON POLICY DEVEL-
OPMENT
AND
IMPLEMENTATION.—The 
Board 
shall—
(A) review proposed legislation, regula-
tions, and policies related to efforts to protect 
the Nation from terrorism, including the devel-
opment and adoption of information sharing 
guidelines under section 201(e); 
(B) review the implementation of new and 
existing legislation, regulations, and policies re-
lated to efforts to protect the Nation from ter-
rorism, including the implementation of infor-
mation sharing guidelines under section 201(e); 
(C) advise the President and Federal exec-
utive departments and agencies to ensure that 
privacy and civil liberties are appropriately con-
sidered in the development and implementation 
of such legislation, regulations, policies, and 
guidelines; and
269
(D) in providing advice on proposals to re-
tain or enhance a particular governmental 
power, consider whether the executive depart-
ment or agency has explained—
(i) that the power actually materially 
enhances security; and 
(ii) that there is adequate supervision 
of the executive’s use of the power to en-
sure protection of civil liberties. 
(2) OVERSIGHT.—The Board shall continually 
review—
(A) the regulations, policies, and proce-
dures and the implementation of the regula-
tions, policies, procedures, and related laws of 
Federal executive departments and agencies to 
ensure that privacy and civil liberties are pro-
tected; 
(B) the information sharing practices of 
Federal executive departments and agencies to 
determine whether they appropriately protect 
privacy and civil liberties and adhere to the in-
formation sharing guidelines promulgated under 
section 201(e) and to other governing laws, reg-
ulations, and policies regarding privacy and civil 
liberties; and
270
(C) other actions by the Executive Branch 
related to efforts to protect the Nation from 
terrorism to determine whether such actions—
(i) appropriately protect privacy and 
civil liberties; and 
(ii) are consistent with governing 
laws, regulations, and policies regarding 
privacy and civil liberties. 
(3) RELATIONSHIP WITH PRIVACY AND CIVIL 
LIBERTIES OFFICERS.—The Board shall review and 
assess the activities of privacy and civil liberties offi-
cers described in section 902 and, where appro-
priate, shall coordinate their activities. 
(e) REPORTS.—
(1) IN GENERAL.—The Board shall—
(A) receive and review reports from privacy 
and civil liberties officers described in section 
902; and 
(B) periodically submit, not less than semi-
annually, reports to Congress and the Presi-
dent. 
(2) CONTENTS.—Not less than 2 reports sub-
mitted each year under paragraph (1)(B) shall in-
clude—
271
(A) a description of the major activities of 
the Board during the relevant period; and 
(B) information on the findings, conclu-
sions, and recommendations of the Board re-
sulting from its advice and oversight functions 
under subsection (d). 
(f) INFORMING THE PUBLIC.—The Board shall 
hold public hearings, release public reports, and oth-
erwise inform the public of its activities, as appro-
priate and in a manner consistent with the protec-
tion of classified information and applicable law. 
(g) ACCESS TO INFORMATION.—
(1) AUTHORIZATION.—If determined by the 
Board to be necessary to carry out its responsibil-
ities under this section, the Board may—
(A) secure directly from any Federal exec-
utive department or agency, or any Federal of-
ficer or employee, all relevant records, reports, 
audits, reviews, documents, papers, or rec-
ommendations, including classified information 
consistent with applicable law; 
(B) interview, take statements from, or 
take public testimony from personnel of any 
Federal executive department or agency or any 
Federal officer or employee;
272
(C) request information or assistance from 
any State, tribal, or local government; and 
(D) require, by subpoena, persons other 
than Federal executive departments and agen-
cies to produce any relevant information, docu-
ments, reports, answers, records, accounts, pa-
pers, and other documentary or testimonial evi-
dence. 
(2) ENFORCEMENT OF SUBPOENA.—In the case 
of contumacy or failure to obey a subpoena issued 
under paragraph (1)(D), the United States district 
court for the judicial district in which the subpoe-
naed person resides, is served, or may be found may 
issue an order requiring such person to produce the 
evidence required by such subpoena. 
(h) MEMBERSHIP.—
(1) MEMBERS.—The Board shall be composed 
of a chairman and 4 additional members, who shall 
be appointed by the President, by and with the ad-
vice and consent of the Senate. 
(2) QUALIFICATIONS.—Members of the Board 
shall be selected solely on the basis of their profes-
sional qualifications, achievements, public stature, 
and relevant experience, and without regard to polit-
ical affiliation.
273
(3) INCOMPATIBLE OFFICE.—An individual ap-
pointed to the Board may not, while serving on the 
Board, be an elected official, an officer, or an em-
ployee of the Federal Government, other than in the 
capacity as a member of the Board. 
(i) COMPENSATION AND TRAVEL EXPENSES.—
(1) COMPENSATION.—
(A) CHAIRMAN.—The chairman shall be 
compensated at a rate equal to the daily equiva-
lent of the annual rate of basic pay in effect for 
a position at level III of the Executive Schedule 
under section 5314 of title 5, United States 
Code, for each day during which the chairman 
is engaged in the actual performance of the du-
ties of the Board. 
(B) MEMBERS.—Each member of the 
Board shall be compensated at a rate equal to 
the daily equivalent of the annual rate of basic 
pay in effect for a position at level IV of the 
Executive Schedule under section 5315 of title 
5, United States Code, for each day during 
which that member is engaged in the actual 
performance of the duties of the Board. 
(2) TRAVEL
EXPENSES.—Members of the 
Board shall be allowed travel expenses, including per
274
diem in lieu of subsistence, at rates authorized for 
persons employed intermittently by the Government 
under section 5703(b) of title 5, United States Code, 
while away from their homes or regular places of 
business in the performance of services for the 
Board. 
(j) STAFF.—
(1) APPOINTMENT AND COMPENSATION.—The 
Chairman, in accordance with rules agreed upon by 
the Board, shall appoint and fix the compensation of 
an executive director and such other personnel as 
may be necessary to enable the Board to carry out 
its functions, without regard to the provisions of 
title 5, United States Code, governing appointments 
in the competitive service, and without regard to the 
provisions of chapter 51 and subchapter III of chap-
ter 53 of such title relating to classification and 
General Schedule pay rates, except that no rate of 
pay fixed under this subsection may exceed the 
equivalent of that payable for a position at level V 
of the Executive Schedule under section 5316 of title 
5, United States Code. 
(2) DETAILEES.—Any Federal employee may 
be detailed to the Board without reimbursement 
from the Board, and such detailee shall retain the
275
rights, status, and privileges of the detailee’s regular 
employment without interruption. 
(3) CONSULTANT SERVICES.—The Board may 
procure the temporary or intermittent services of ex-
perts and consultants in accordance with section 
3109 of title 5, United States Code, at rates that do 
not exceed the daily rate paid a person occupying a 
position at level IV of the Executive Schedule under 
section 5315 of such title. 
(k) SECURITY CLEARANCES.—The appropriate Fed-
eral executive departments and agencies shall cooperate 
with the Board to expeditiously provide the Board mem-
bers and staff with appropriate security clearances to the 
extent possible under existing procedures and require-
ments, except that no person shall be provided with access 
to classified information under this section without the ap-
propriate security clearances. 
(l) TREATMENT AS AGENCY, NOT AS ADVISORY COM-
MITTEE.—The Board—
(1) is an agency (as defined in section 551(1) 
of title 5, United States Code); and 
(2) is not an advisory committee (as defined in 
section 3(2) of the Federal Advisory Committee Act 
(5 U.S.C. App.)).
276
(m) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as may be 
necessary to carry out this section. 
SEC. 902. PRIVACY AND CIVIL LIBERTIES OFFICERS. 
(a) DESIGNATION AND FUNCTIONS.—The Attorney 
General, Secretary of Defense, Secretary of Homeland Se-
curity, Secretary of State, Secretary of the Treasury, Sec-
retary of Health and Human Services, National Intel-
ligence Director, Director of the Central Intelligence 
Agency, and the head of any other executive department 
or agency designated by the Privacy and Civil Liberties 
Oversight Board to be appropriate for coverage under this 
section shall designate not less than 1 senior officer to—
(1) assist the department or agency head and 
other department or agency officials in appropriately 
considering privacy and civil liberties concerns when 
such officials are proposing, developing, or imple-
menting laws, regulations, policies, procedures, or 
guidelines related to efforts to protect the Nation 
against terrorism; 
(2) periodically investigate and review depart-
ment or agency actions, policies, procedures, guide-
lines, and related laws and their implementation to 
ensure that the department or agency is adequately 
considering privacy and civil liberties in its actions;
277
(3) ensure that the department or agency has 
adequate procedures to receive, investigate, and re-
spond to complaints from individuals who allege the 
department or agency has violated their privacy or 
civil liberties; and 
(4) in providing advice on proposals to retain or 
enhance a particular governmental power the officer 
shall consider whether the department or agency has 
explained—
(i) that the power actually materially 
enhances security; and 
(ii) that there is adequate supervision 
of the department’s or agency’s use of the 
power to ensure protection of civil liberties. 
(b) EXCEPTION TO DESIGNATION AUTHORITY.—
(1) PRIVACY OFFICERS.—In any department or 
agency referenced in subsection (a) or designated by 
the Board, which has a statutorily created privacy 
officer, such officer shall perform the functions spec-
ified in subsection (a) with respect to privacy. 
(2) CIVIL
LIBERTIES
OFFICERS.—In any de-
partment or agency referenced in subsection (a) or 
designated by the Board, which has a statutorily 
created civil liberties officer, such officer shall per-
278
form the functions specified in subsection (a) with 
respect to civil liberties. 
(c) SUPERVISION AND COORDINATION.—Each pri-
vacy or civil liberties officer described in subsection (a) 
or (b) shall—
(1) report directly to the department or agency 
head; and 
(2) coordinate their activities with the Inspector 
General of the agency to avoid duplication of effort. 
(d) AGENCY COOPERATION.—Each department or 
agency head shall ensure that each privacy and civil lib-
erties officer—
(1) has the information and material necessary 
to fulfill the officer’s functions; 
(2) is advised of proposed policy changes; 
(3) is consulted by decision makers; and 
(4) is given access to material and personnel 
the officer determines to be necessary to carry out 
the officer’s functions. 
(e) PERIODIC REPORTS.—
(1) IN GENERAL.—The privacy and civil lib-
erties officers of each department or agency ref-
erenced or designated under subsection (a) shall pe-
riodically, but not less than quarterly, submit a re-
port on the officers’ activities to Congress, the de-
279
partment or agency head, and the Privacy and Civil 
Liberties Oversight Board. 
(2) CONTENTS.—Each report submitted under 
paragraph (1) shall include information on the dis-
charge of each of the officer’s functions, including—
(A) information on the number and types 
of reviews undertaken; 
(B) the type of advice provided and the re-
sponse given to such advice; 
(C) the number and nature of the com-
plaints received by the agency for alleged viola-
tions; and 
(D) a summary of the disposition of such 
complaints, the reviews and inquiries conducted, 
and the impact of the officer’s activities.
Æ