[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5017 Introduced in House (IH)]
109th CONGRESS
2d Session
H. R. 5017
To ensure the implementation of the recommendations of the National
Commission on Terrorist Attacks Upon the United States.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 28, 2006
Mr. Shays (for himself and Mrs. Maloney) introduced the following bill;
which was referred to the Committee on Homeland Security, and in
addition to the Select Committee on Intelligence (Permanent Select),
Government Reform, Armed Services, Judiciary, International Relations,
Financial Services, Transportation and Infrastructure, Rules, Energy
and Commerce, Ways and Means, and Budget, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To ensure the implementation of the recommendations of the National
Commission on Terrorist Attacks Upon the United States.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Ensuring
Implementation of the 9/11 Commission Report Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definition; 9/11 Commission.
TITLE I--HOMELAND SECURITY, EMERGENCY PREPAREDNESS AND RESPONSE
Subtitle A--Emergency Preparedness and Response
Chapter 1--Emergency Preparedness
Sec. 101. Adequate radio spectrum for first responders.
Sec. 102. Report on establishing a unified incident command system.
Sec. 103. Report on completing a national critical infrastructure risk
and vulnerabilities assessment.
Sec. 104. Private sector preparedness.
Sec. 105. Relevant congressional committees defined.
Chapter 2--Assistance for First Responders
Sec. 111. Short title.
Sec. 112. Findings.
Sec. 113. Faster and Smarter Funding for First Responders.
Sec. 114. Superseded provision.
Sec. 115. Oversight.
Sec. 116. GAO report on an inventory and status of Homeland Security
first responder training.
Sec. 117. Removal of civil liability barriers that discourage the
donation of fire equipment to volunteer
fire companies.
Subtitle B--Transportation Security
Sec. 121. Report on national strategy for transportation security.
Sec. 122. Report on airline passenger pre-screening.
Sec. 123. Report on detection of explosives at airline screening
checkpoints.
Sec. 124. Report on comprehensive screening program.
Sec. 125. Relevant congressional committees defined.
Subtitle C--Border Security
Sec. 131. Counterterrorist travel intelligence.
Sec. 132. Comprehensive screening system.
Sec. 133. Biometric entry and exit data system.
Sec. 134. International collaboration on border and document security.
Sec. 135. Standardization of secure identification.
Sec. 136. Security enhancements for social security cards.
TITLE II--REFORMING THE INSTITUTIONS OF GOVERNMENT
Subtitle A--Intelligence Community
Sec. 201. Report on director of national intelligence.
Sec. 202. Report on national counterterrorism center.
Sec. 203. Report on creation of a Federal Bureau of Investigation
national security workforce.
Sec. 204. Report on new missions for the Director of the Central
Intelligence Agency.
Sec. 205. Report on incentives for information sharing.
Sec. 206. Report on Presidential leadership of national security
institutions in the information revolution.
Sec. 207. Homeland airspace defense.
Sec. 208. Semiannual report on plans and strategies of United States
Northern Command for defense of the United
States homeland.
Sec. 209. Relevant congressional committees defined.
Subtitle B--Civil Liberties and Executive Power
Sec. 211. Report on the balance between security and civil liberties.
Sec. 212. Privacy and civil liberties oversight board.
Sec. 213. Set privacy guidelines for Government sharing of personal
information.
Sec. 214. Definition of relevant congressional committees for subtitle.
Subtitle C--Homeland Security Committees
Chapter 1--Homeland Security Reform in the House of Representatives
Sec. 221. Committee on Homeland Security.
Sec. 222. Committee on Intelligence.
Sec. 223. Subcommittee limitation on Committee on Appropriations.
Sec. 224. Membership on Committee on Appropriations.
Sec. 225. Conforming amendments.
Chapter 2--Homsubchapter a--homeland security in the Senate
Sec. 231. Homesubchapter b--intelligence oversight reform
Sec. 241. Intelligencsubchapter c--committee status
Sec. 251. Cosubchapter d--intelligence-related subcommittees
Sec. 261. Subcommittee related to intelligence oversight.
Sec. 262. Subcommittee related to intelligence appropriations.
Chapter 3--Effective Date
Sec. 271. Effective date.
Subtitle D--Declassification of Overall Intelligence Budget
Sec. 281. Availability to public of certain intelligence funding
information.
Subtitle E--Standardize Security Clearances
Sec. 282. Standardization of security clearances.
TITLE III--FOREIGN POLICY, PUBLIC DIPLOMACY, AND NONPROLIFERATION
Subtitle A--Foreign Policy
Sec. 301. Actions to ensure a long-term commitment to Afghanistan.
Sec. 302. Actions to support Pakistan against extremists.
Sec. 303. Actions to support reform in Saudi Arabia.
Sec. 304. Elimination of terrorist sanctuaries.
Sec. 305. Comprehensive coalition strategy against Islamist terrorism.
Sec. 306. Standards for the detention and humane treatment of captured
terrorists.
Sec. 307. Use of economic policies to combat terrorism.
Sec. 308. Actions to ensure vigorous efforts against terrorist
financing.
Subtitle B--Public Diplomacy
Sec. 311. Public diplomacy responsibilities of the Department of State
and public diplomacy training of members of
the Foreign Service.
Sec. 312. International broadcasting.
Sec. 313. Expansion of United States scholarship, exchange, and library
programs in the Islamic world.
Sec. 314. International Youth Opportunity Fund.
Subtitle C--Nonproliferation
Sec. 321. Short title.
Sec. 322. Findings.
Sec. 323. Establishment of Office of Nonproliferation Programs in the
Executive Office of the President.
Sec. 324. Removal of restrictions on Cooperative Threat Reduction
programs.
Sec. 325. Removal of restrictions on Department of Energy
nonproliferation programs.
Sec. 326. Modifications of authority to use Cooperative Threat
Reduction program funds outside the former
Soviet Union.
Sec. 327. Modifications of authority to use International Nuclear
Materials Protection and Cooperation
program funds outside the former Soviet
Union.
Sec. 328. Special reports on adherence to arms control agreements and
nonproliferation commitments.
Sec. 329. Presidential report on impediments to certain
nonproliferation activities.
Sec. 330. Enhancement of Global Threat Reduction Initiative.
Sec. 331. Expansion of Proliferation Security Initiative.
Sec. 332. Sense of Congress relating to international security
standards for nuclear weapons and
materials.
Sec. 333. Authorization of appropriations relating to inventory of
Russian tactical nuclear warheads and data
exchanges.
Sec. 334. Report on accounting for and securing of Russia's non-
strategic nuclear weapons.
Sec. 335. Research and development involving alternative use of weapons
of mass destruction expertise.
Sec. 336. Strengthening the Nuclear Nonproliferation Treaty.
Sec. 337. Definitions.
SEC. 2. DEFINITION; 9/11 COMMISSION.
In this Act, the term ``9/11 Commission'' means the National
Commission on Terrorist Attacks Upon the United States.
TITLE I--HOMELAND SECURITY, EMERGENCY PREPAREDNESS AND RESPONSE
Subtitle A--Emergency Preparedness and Response
CHAPTER 1--EMERGENCY PREPAREDNESS
SEC. 101. ADEQUATE RADIO SPECTRUM FOR FIRST RESPONDERS.
(a) Short Title.--This chapter may be cited as the ``Homeland
Emergency Response Operations Act'' or the ``HERO Act''.
(b) Prevention of Delay in Reassignment of 24 Megahertz for Public
Safety Purposes.--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
new subparagraph:
``(E) Extensions not permitted for channels (63,
64, 68 and 69) reassigned for public safety services.--
Notwithstanding subparagraph (B), the Commission shall
not grant any extension under such subparagraph from
the limitation of subparagraph (A) with respect to the
frequencies assigned, pursuant to section 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,
inclusive, and between 794 and 806 megahertz,
inclusive, for public safety services and to permit
operations by public safety services on those
frequencies commencing no later than January 1,
2007.''.
SEC. 102. REPORT ON ESTABLISHING A UNIFIED INCIDENT COMMAND SYSTEM.
(a) Report; Certification.--Not later than 30 days after the date
of the enactment of this Act, and every 30 days thereafter, the
Secretary of Homeland Security shall submit to the relevant
congressional committees a report on the recommendations of the 9/11
Commission and the policy goals of the Intelligence Reform and
Terrorism Prevention Act of 2004 (Public Law 108-458) with respect to
establishing a unified incident command system. Such report shall
include--
(1) a certification by the Secretary of Homeland Security
that such recommendations have been implemented and such policy
goals have been achieved; or
(2) if the Secretary of Homeland Security is unable to make
the certification described in paragraph (1), a description
of--
(A) the steps taken to implement such
recommendations and achieve such policy goals;
(B) when the Secretary of Homeland Security expects
such recommendations to be implemented and such policy
goals to be achieved; and
(C) any allocation of resources or other actions by
Congress the Director considers necessary to implement
such recommendations and achieve such policy goals.
(b) Termination of Duty to Report.--The duty to submit a report
under subsection (a) shall terminate when the Secretary of Homeland
Security submits a certification pursuant to subsection (a)(1).
(c) GAO Review of Certification.--If the Secretary of Homeland
Security submits a certification pursuant to subsection (a)(1), not
later than 30 days after the submission of such certification, the
Comptroller General shall submit to the relevant congressional
committees a report on whether the recommendations described in
subsection (a) have been implemented and whether the policy goals
described in subsection (a) have been achieved.
SEC. 103. REPORT ON COMPLETING A NATIONAL CRITICAL INFRASTRUCTURE RISK
AND VULNERABILITIES ASSESSMENT.
(a) Report; Certification.--Not later than 30 days after the date
of the enactment of this Act, and every 30 days thereafter, the
Secretary of Homeland Security shall submit to the relevant
congressional committees a report on the recommendations of the 9/11
Commission and the policy goals of the Intelligence Reform and
Terrorism Prevention Act of 2004 (Public Law 108-458) with respect to
completing a national critical infrastructure risk and vulnerabilities
assessment. Such report shall include--
(1) a certification by the Secretary of Homeland Security
that such recommendations have been implemented and such policy
goals have been achieved; or
(2) if the Secretary of Homeland Security is unable to make
the certification described in paragraph (1), a description
of--
(A) the steps taken to implement such
recommendations and achieve such policy goals;
(B) when the Secretary of Homeland Security expects
such recommendations to be implemented and such policy
goals to be achieved; and
(C) any allocation of resources or other actions by
Congress the Director considers necessary to implement
such recommendations and achieve such policy goals.
(b) Termination of Duty to Report.--The duty to submit a report
under subsection (a) shall terminate when the Secretary of Homeland
Security submits a certification pursuant to subsection (a)(1).
(c) GAO Review of Certification.--If the Secretary of Homeland
Security submits a certification pursuant to subsection (a)(1), not
later than 30 days after the submission of such certification, the
Comptroller General shall submit to the relevant congressional
committees a report on whether the recommendations described in
subsection (a) have been implemented and whether the policy goals
described in subsection (a) have been achieved.
SEC. 104. PRIVATE SECTOR PREPAREDNESS.
The Comptroller General of the United States shall submit to the
Congress by not later than 90 days after the date of the enactment of
this Act--
(1) a determination of what has been done to enhance
private sector preparedness for terrorist attack; and
(2) recommendations of any additional congressional action
or administrative action that is necessary to enhance such
preparedness.
SEC. 105. RELEVANT CONGRESSIONAL COMMITTEES DEFINED.
In this chapter, the term ``relevant congressional committees''
means the Committee on Homeland Security, the Committee on Government
Reform, and the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Homeland Security and
Government Affairs and the Committee on Environment and Public Works of
the Senate.
CHAPTER 2--ASSISTANCE FOR FIRST RESPONDERS
SEC. 111. SHORT TITLE.
This chapter may be cited as the ``Faster and Smarter Funding for
First Responders Act of 2005''.
SEC. 112. FINDINGS.
The Congress finds the following:
(1) In order to achieve its objective of preventing,
minimizing the damage from, and assisting in the recovery from
terrorist attacks, the Department of Homeland Security must
play a leading role in assisting communities to reach the level
of preparedness they need to prevent and respond to a terrorist
attack.
(2) First responder funding is not reaching the men and
women of our Nation's first response teams quickly enough, and
sometimes not at all.
(3) To reform the current bureaucratic process so that
homeland security dollars reach the first responders who need
it most, it is necessary to clarify and consolidate the
authority and procedures of the Department of Homeland Security
that support first responders.
(4) Ensuring adequate resources for the new national
mission of homeland security, without degrading the ability to
address effectively other types of major disasters and
emergencies, requires a discrete and separate grant making
process for homeland security funds for first response to
terrorist acts, on the one hand, and for first responder
programs designed to meet pre-September 11 priorities, on the
other.
(5) While a discrete homeland security grant making process
is necessary to ensure proper focus on the unique aspects of
terrorism preparedness, it is essential that State and local
strategies for utilizing such grants be integrated, to the
greatest extent practicable, with existing State and local
emergency management plans.
(6) Homeland security grants to first responders must be
based on the best intelligence concerning the capabilities and
intentions of our terrorist enemies, and that intelligence must
be used to target resources to the Nation's greatest threats,
vulnerabilities, and consequences.
(7) The Nation's first response capabilities will be
improved by sharing resources, training, planning, personnel,
and equipment among neighboring jurisdictions through mutual
aid agreements and regional cooperation. Such regional
cooperation should be supported, where appropriate, through
direct grants from the Department of Homeland Security.
(8) An essential prerequisite to achieving the Nation's
homeland security objectives for first responders is the
establishment of well-defined national goals for terrorism
preparedness. These goals should delineate the essential
capabilities that every jurisdiction in the United States
should possess or to which it should have access.
(9) A national determination of essential capabilities is
needed to identify levels of State and local government
terrorism preparedness, to determine the nature and extent of
State and local first responder needs, to identify the human
and financial resources required to fulfill them, to direct
funding to meet those needs, and to measure preparedness levels
on a national scale.
(10) To facilitate progress in achieving, maintaining, and
enhancing essential capabilities for State and local first
responders, the Department of Homeland Security should seek to
allocate homeland security funding for first responders to meet
nationwide needs.
(11) Private sector resources and citizen volunteers can
perform critical functions in assisting in preventing and
responding to terrorist attacks, and should be integrated into
State and local planning efforts to ensure that their
capabilities and roles are understood, so as to provide
enhanced State and local operational capability and surge
capacity.
(12) Public-private partnerships, such as the partnerships
between the Business Executives for National Security and the
States of New Jersey and Georgia, can be useful to identify and
coordinate private sector support for State and local first
responders. Such models should be expanded to cover all States
and territories.
(13) An important aspect of terrorism preparedness is
measurability, so that it is possible to determine how prepared
a State or local government is now, and what additional steps
it needs to take, in order to prevent, prepare for, respond to,
mitigate against, and recover from acts of terrorism.
(14) The Department of Homeland Security should establish,
publish, and regularly update national voluntary consensus
standards for both equipment and training, in cooperation with
both public and private sector standard setting organizations,
to assist State and local governments in obtaining the
equipment and training to attain the essential capabilities for
first response to acts of terrorism, and to ensure that first
responder funds are spent wisely.
SEC. 113. FASTER AND SMARTER FUNDING FOR FIRST RESPONDERS.
(a) In General.--The Homeland Security Act of 2002 (Public Law 107-
296; 6 U.S.C. 361 et seq.) is amended--
(1) in section 1(b) in the table of contents by adding at
the end the following:
``TITLE XVIII--FUNDING FOR FIRST RESPONDERS
``Sec. 1801. Definitions.
``Sec. 1802. Faster and Smarter Funding for First Responders.
``Sec. 1803. Covered grant eligibility and criteria.
``Sec. 1804. Risk-based evaluation and prioritization.
``Sec. 1805. Task Force on Terrorism Preparedness for First Responders.
``Sec. 1806. Use of funds and accountability requirements.
``Sec. 1807. National standards for first responder equipment and
training.''.
(2) by adding at the end the following:
``TITLE XVIII--FUNDING FOR FIRST RESPONDERS
``SEC. 1801. DEFINITIONS.
``In this title:
``(1) Board.--The term `Board' means the First Responder
Grants Board established under section 1804.
``(2) Covered grant.--The term `covered grant' means any
grant to which this title applies under section 1802.
``(3) Directly eligible tribe.--The term `directly eligible
tribe' means any Indian tribe or consortium of Indian tribes
that--
``(A) meets the criteria for inclusion in the
qualified applicant pool for Self-Governance that are
set forth in section 402(c) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
458bb(c));
``(B) employs at least 10 full-time personnel in a
law enforcement or emergency response agency with the
capacity to respond to calls for law enforcement or
emergency services; and
``(C)(i) is located on, or within 5 miles of, an
international border or waterway;
``(ii) is located within 5 miles of a facility
designated as high-risk critical infrastructure by the
Secretary;
``(iii) is located within or contiguous to one of
the 50 largest metropolitan statistical areas in the
United States; or
``(iv) has more than 1,000 square miles of Indian
country, as that term is defined in section 1151 of
title 18, United States Code.
``(4) Elevations in the threat alert level.--The term
`elevations in the threat alert level' means any designation
(including those that are less than national in scope) that
raises the homeland security threat level to either the highest
or second highest threat level under the Homeland Security
Advisory System referred to in section 201(d)(7).
``(5) Emergency preparedness.--The term `emergency
preparedness' shall have the same meaning that term has under
section 602 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5195a).
``(6) Essential capabilities.--The term `essential
capabilities' means the levels, availability, and competence of
emergency personnel, planning, training, and equipment across a
variety of disciplines needed to effectively and efficiently
prevent, prepare for, respond to, and recover from acts of
terrorism consistent with established practices.
``(7) First responder.--The term `first responder' shall
have the same meaning as the term `emergency response
provider'.
``(8) Indian tribe.--The term `Indian tribe' means any
Indian tribe, band, nation, or other organized group or
community, including any Alaskan Native village or regional or
village corporation as defined in or established pursuant to
the Alaskan Native Claims Settlement Act (43 U.S.C. 1601 et
seq.), which is recognized as eligible for the special programs
and services provided by the United States to Indians because
of their status as Indians.
``(9) Region.--The term `region' means--
``(A) any geographic area consisting of all or
parts of 2 or more contiguous States, counties,
municipalities, or other local governments that have a
combined population of at least 1,650,000 or have an
area of not less than 20,000 square miles, and that,
for purposes of an application for a covered grant, is
represented by 1 or more governments or governmental
agencies within such geographic area, and that is
established by law or by agreement of 2 or more such
governments or governmental agencies in a mutual aid
agreement; or
``(B) any other combination of contiguous local
government units (including such a combination
established by law or agreement of two or more
governments or governmental agencies in a mutual aid
agreement) that is formally certified by the Secretary
as a region for purposes of this title with the consent
of--
``(i) the State or States in which they are
located, including a multi-State entity
established by a compact between two or more
States; and
``(ii) the incorporated municipalities,
counties, and parishes that they encompass.
``(10) Task force.--The term `Task Force' means the Task
Force on Terrorism Preparedness for First Responders
established under section 1805.
``(11) Terrorism preparedness.--The term `terrorism
preparedness' means any activity designed to improve the
ability to prevent, prepare for, respond to, mitigate against,
or recover from threatened or actual terrorist attacks.
``SEC. 1802. FASTER AND SMARTER FUNDING FOR FIRST RESPONDERS.
``(a) Covered Grants.--This title applies to grants provided by the
Department to States, regions, or directly eligible tribes for the
primary purpose of improving the ability of first responders to
prevent, prepare for, respond to, mitigate against, or recover from
threatened or actual terrorist attacks, especially those involving
weapons of mass destruction, administered under the following:
``(1) State homeland security grant program.--The State
Homeland Security Grant Program of the Department, or any
successor to such grant program.
``(2) Urban area security initiative.--The Urban Area
Security Initiative of the Department, or any successor to such
grant program.
``(3) Law enforcement terrorism prevention program.--The
Law Enforcement Terrorism Prevention Program of the Department,
or any successor to such grant program.
``(b) Excluded Programs.--This title does not apply to or otherwise
affect the following Federal grant programs or any grant under such a
program:
``(1) Nondepartment programs.--Any Federal grant program
that is not administered by the Department.
``(2) Fire grant programs.--The fire grant programs
authorized by sections 33 and 34 of the Federal Fire Prevention
and Control Act of 1974 (15 U.S.C. 2229, 2229a).
``(3) Emergency management planning and assistance account
grants.--The Emergency Management Performance Grant program and
the Urban Search and Rescue Grants program authorized by title
VI of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5195 et seq.); the Departments of
Veterans Affairs and Housing and Urban Development, and
Independent Agencies Appropriations Act, 2000 (113 Stat. 1047
et seq.); and the Earthquake Hazards Reduction Act of 1977 (42
U.S.C. 7701 et seq.).
``SEC. 1803. COVERED GRANT ELIGIBILITY AND CRITERIA.
``(a) Grant Eligibility.--Any State, region, or directly eligible
tribe shall be eligible to apply for a covered grant.
``(b) Grant Criteria.--The Secretary shall award covered grants to
assist States and local governments in achieving, maintaining, and
enhancing the essential capabilities for terrorism preparedness
established by the Secretary.
``(c) State Homeland Security Plans.--
``(1) Submission of plans.--The Secretary shall require
that any State applying to the Secretary for a covered grant
must submit to the Secretary a 3-year State homeland security
plan that--
``(A) describes the essential capabilities that
communities within the State should possess, or to
which they should have access, based upon the terrorism
risk factors relevant to such communities, in order to
meet the Department's goals for terrorism preparedness;
``(B) demonstrates the extent to which the State
has achieved the essential capabilities that apply to
the State;
``(C) demonstrates the needs of the State necessary
to achieve, maintain, or enhance the essential
capabilities that apply to the State;
``(D) includes a prioritization of such needs based
on threat, vulnerability, and consequence assessment
factors applicable to the State;
``(E) describes how the State intends--
``(i) to address such needs at the city,
county, regional, tribal, State, and interstate
level, including a precise description of any
regional structure the State has established
for the purpose of organizing homeland security
preparedness activities funded by covered
grants;
``(ii) to use all Federal, State, and local
resources available for the purpose of
addressing such needs; and
``(iii) to give particular emphasis to
regional planning and cooperation, including
the activities of multijurisdictional planning
agencies governed by local officials, both
within its jurisdictional borders and with
neighboring States;
``(F) with respect to the emergency preparedness of
first responders, addresses the unique aspects of
terrorism as part of a comprehensive State emergency
management plan; and
``(G) provides for coordination of response and
recovery efforts at the local level, including
procedures for effective incident command in
conformance with the National Incident Management
System.
``(2) Consultation.--The State plan submitted under
paragraph (1) shall be developed in consultation with and
subject to appropriate comment by local governments and first
responders within the State.
``(3) Approval by secretary.--The Secretary may not award
any covered grant to a State unless the Secretary has approved
the applicable State homeland security plan.
``(4) Revisions.--A State may revise the applicable State
homeland security plan approved by the Secretary under this
subsection, subject to approval of the revision by the
Secretary.
``(d) Consistency With State Plans.--The Secretary shall ensure
that each covered grant is used to supplement and support, in a
consistent and coordinated manner, the applicable State homeland
security plan or plans.
``(e) Application for Grant.--
``(1) In general.--Except as otherwise provided in this
subsection, any State, region, or directly eligible tribe may
apply for a covered grant by submitting to the Secretary an
application at such time, in such manner, and containing such
information as is required under this subsection, or as the
Secretary may reasonably require.
``(2) Deadlines for applications and awards.--All
applications for covered grants must be submitted at such time
as the Secretary may reasonably require for the fiscal year for
which they are submitted. The Secretary shall award covered
grants pursuant to all approved applications for such fiscal
year as soon as practicable, but not later than March 1 of such
year.
``(3) Availability of funds.--All funds awarded by the
Secretary under covered grants in a fiscal year shall be
available for obligation through the end of the subsequent
fiscal year.
``(4) Minimum contents of application.--The Secretary shall
require that each applicant include in its application, at a
minimum--
``(A) the purpose for which the applicant seeks
covered grant funds and the reasons why the applicant
needs the covered grant to meet the essential
capabilities for terrorism preparedness within the
State, region, or directly eligible tribe to which the
application pertains;
``(B) a description of how, by reference to the
applicable State homeland security plan or plans under
subsection (c), the allocation of grant funding
proposed in the application, including, where
applicable, the amount not passed through under section
1806(g)(1), would assist in fulfilling the essential
capabilities for terrorism preparedness specified in
such plan or plans;
``(C) a statement of whether a mutual aid agreement
applies to the use of all or any portion of the covered
grant funds;
``(D) if the applicant is a State, a description of
how the State plans to allocate the covered grant funds
to regions, local governments, and Indian tribes;
``(E) if the applicant is a region--
``(i) a precise geographical description of
the region and a specification of all
participating and nonparticipating local
governments within the geographical area
comprising that region;
``(ii) a specification of what governmental
entity within the region will administer the
expenditure of funds under the covered grant;
and
``(iii) a designation of a specific
individual to serve as regional liaison;
``(F) a capital budget showing how the applicant
intends to allocate and expend the covered grant funds;
``(G) if the applicant is a directly eligible
tribe, a designation of a specific individual to serve
as the tribal liaison; and
``(H) a statement of how the applicant intends to
meet the matching requirement, if any, that applies
under section 1806(g)(2).
``(5) Regional applications.--
``(A) Relationship to state applications.--A
regional application--
``(i) shall be coordinated with an
application submitted by the State or States of
which such region is a part;
``(ii) shall supplement and avoid
duplication with such State application; and
``(iii) shall address the unique regional
aspects of such region's terrorism preparedness
needs beyond those provided for in the
application of such State or States.
``(B) State review and submission.--To ensure the
consistency required under subsection (d) and the
coordination required under subparagraph (A) of this
paragraph, an applicant that is a region must submit
its application to each State of which any part is
included in the region for review and concurrence prior
to the submission of such application to the Secretary.
The regional application shall be transmitted to the
Secretary through each such State within 30 days of its
receipt, unless the Governor of such a State notifies
the Secretary, in writing, that such regional
application is inconsistent with the State's homeland
security plan and provides an explanation of the
reasons therefor.
``(C) Distribution of regional awards.--If the
Secretary approves a regional application, then the
Secretary shall distribute a regional award to the
State or States submitting the applicable regional
application under subparagraph (B), and each such State
shall, not later than the end of the 45-day period
beginning on the date after receiving a regional award,
pass through to the region all covered grant funds or
resources purchased with such funds, except those funds
necessary for the State to carry out its
responsibilities with respect to such regional
application: Provided, That in no such case shall the
State or States pass through to the region less than 80
percent of the regional award.
``(D) Certifications regarding distribution of
grant funds to regions.--Any State that receives a
regional award under subparagraph (C) shall certify to
the Secretary, by not later than 30 days after the
expiration of the period described in subparagraph (C)
with respect to the grant, that the State has made
available to the region the required funds and
resources in accordance with subparagraph (C).
``(E) Direct payments to regions.--If any State
fails to pass through a regional award to a region as
required by subparagraph (C) within 45 days after
receiving such award and does not request or receive an
extension of such period under section 1806(h)(2), the
region may petition the Secretary to receive directly
the portion of the regional award that is required to
be passed through to such region under subparagraph
(C).
``(F) Regional liaisons.--A regional liaison
designated under paragraph (4)(E)(iii) shall--
``(i) coordinate with Federal, State,
local, regional, and private officials within
the region concerning terrorism preparedness;
``(ii) develop a process for receiving
input from Federal, State, local, regional, and
private sector officials within the region to
assist in the development of the regional
application and to improve the region's access
to covered grants; and
``(iii) administer, in consultation with
State, local, regional, and private officials
within the region, covered grants awarded to
the region.
``(6) Tribal applications.--
``(A) Submission to the state or states.--To ensure
the consistency required under subsection (d), an
applicant that is a directly eligible tribe must submit
its application to each State within the boundaries of
which any part of such tribe is located for direct
submission to the Department along with the application
of such State or States.
``(B) Opportunity for state comment.--Before
awarding any covered grant to a directly eligible
tribe, the Secretary shall provide an opportunity to
each State within the boundaries of which any part of
such tribe is located to comment to the Secretary on
the consistency of the tribe's application with the
State's homeland security plan. Any such comments shall
be submitted to the Secretary concurrently with the
submission of the State and tribal applications.
``(C) Final authority.--The Secretary shall have
final authority to determine the consistency of any
application of a directly eligible tribe with the
applicable State homeland security plan or plans, and
to approve any application of such tribe. The Secretary
shall notify each State within the boundaries of which
any part of such tribe is located of the approval of an
application by such tribe.
``(D) Tribal liaison.--A tribal liaison designated
under paragraph (4)(G) shall--
``(i) coordinate with Federal, State,
local, regional, and private officials
concerning terrorism preparedness;
``(ii) develop a process for receiving
input from Federal, State, local, regional, and
private sector officials to assist in the
development of the application of such tribe
and to improve the tribe's access to covered
grants; and
``(iii) administer, in consultation with
State, local, regional, and private officials,
covered grants awarded to such tribe.
``(E) Limitation on the number of direct grants.--
The Secretary may make covered grants directly to not
more than 20 directly eligible tribes per fiscal year.
``(F) Tribes not receiving direct grants.--An
Indian tribe that does not receive a grant directly
under this section is eligible to receive funds under a
covered grant from the State or States within the
boundaries of which any part of such tribe is located,
consistent with the homeland security plan of the State
as described in subsection (c). If a State fails to
comply with section 1806(g)(1), the tribe may request
payment under section 1806(h)(3) in the same manner as
a local government.
``(7) Equipment standards.--If an applicant for a covered
grant proposes to upgrade or purchase, with assistance provided
under the grant, new equipment or systems that do not meet or
exceed any applicable national voluntary consensus standards
established by the Secretary, the applicant shall include in
the application an explanation of why such equipment or systems
will serve the needs of the applicant better than equipment or
systems that meet or exceed such standards.
``SEC. 1804. RISK-BASED EVALUATION AND PRIORITIZATION.
``(a) First Responder Grants Board.--
``(1) Establishment of board.--The Secretary shall
establish a First Responder Grants Board, consisting of--
``(A) the Secretary;
``(B) the Under Secretary for Emergency
Preparedness and Response;
``(C) the Under Secretary for Border and
Transportation Security;
``(D) the Under Secretary for Information Analysis
and Infrastructure Protection;
``(E) the Under Secretary for Science and
Technology;
``(F) the Director of the Office for Domestic
Preparedness;
``(G) the Administrator of the United States Fire
Administration; and
``(H) the Administrator of the Animal and Plant
Health Inspection Service.
``(2) Chairman.--
``(A) In general.--The Secretary shall be the
Chairman of the Board.
``(B) Exercise of authorities by deputy
secretary.--The Deputy Secretary of Homeland Security
may exercise the authorities of the Chairman, if the
Secretary so directs.
``(b) Functions of Under Secretaries.--The Under Secretaries
referred to in subsection (a)(1) shall seek to ensure that the relevant
expertise and input of the staff of their directorates are available to
and considered by the Board.
``(c) Prioritization of Grant Applications.--
``(1) Factors to be considered.--The Board shall evaluate
and annually prioritize all pending applications for covered
grants based upon the degree to which they would, by achieving,
maintaining, or enhancing the essential capabilities of the
applicants on a nationwide basis, lessen the threat to,
vulnerability of, and consequences for persons (including
transient commuting and tourist populations) and critical
infrastructure. Such evaluation and prioritization shall be
based upon the most current risk assessment available by the
Directorate for Information Analysis and Infrastructure
Protection of the threats of terrorism against the United
States. The Board shall coordinate with State, local, regional,
and tribal officials in establishing criteria for evaluating
and prioritizing applications for covered grants.
``(2) Critical infrastructure sectors.--The Board
specifically shall consider threats of terrorism against the
following critical infrastructure sectors in all areas of the
United States, urban and rural:
``(A) Agriculture and food.
``(B) Banking and finance.
``(C) Chemical industries.
``(D) The defense industrial base.
``(E) Emergency services.
``(F) Energy.
``(G) Government facilities.
``(H) Postal and shipping.
``(I) Public health and health care.
``(J) Information technology.
``(K) Telecommunications.
``(L) Transportation systems.
``(M) Water.
``(N) Dams.
``(O) Commercial facilities.
``(P) National monuments and icons.
The order in which the critical infrastructure sectors are
listed in this paragraph shall not be construed as an order of
priority for consideration of the importance of such sectors.
``(3) Types of threat.--The Board specifically shall
consider the following types of threat to the critical
infrastructure sectors described in paragraph (2), and to
populations in all areas of the United States, urban and rural:
``(A) Biological threats.
``(B) Nuclear threats.
``(C) Radiological threats.
``(D) Incendiary threats.
``(E) Chemical threats.
``(F) Explosives.
``(G) Suicide bombers.
``(H) Cyber threats.
``(I) Any other threats based on proximity to
specific past acts of terrorism or the known activity
of any terrorist group.
The order in which the types of threat are listed in this
paragraph shall not be construed as an order of priority for
consideration of the importance of such threats.
``(4) Consideration of additional factors.--The Board shall
take into account any other specific threat to a population
(including a transient commuting or tourist population) or
critical infrastructure sector that the Board has determined to
exist. In evaluating the threat to a population or critical
infrastructure sector, the Board shall give greater weight to
threats of terrorism based upon their specificity and
credibility, including any pattern of repetition.
``(5) Minimum amounts.--After evaluating and prioritizing
grant applications under paragraph (1), the Board shall ensure
that, for each fiscal year--
``(A) each of the States, other than the Virgin
Islands, American Samoa, Guam, and the Northern Mariana
Islands, that has an approved State homeland security
plan receives no less than 0.25 percent of the funds
available for covered grants for that fiscal year for
purposes of implementing its homeland security plan in
accordance with the prioritization of needs under
section 1803(c)(1)(D);
``(B) each of the States, other than the Virgin
Islands, American Samoa, Guam, and the Northern Mariana
Islands, that has an approved State homeland security
plan and that meets one or both of the additional high-
risk qualifying criteria under paragraph (6) receives
no less than 0.45 percent of the funds available for
covered grants for that fiscal year for purposes of
implementing its homeland security plan in accordance
with the prioritization of needs under section
1803(c)(1)(D);
``(C) the Virgin Islands, American Samoa, Guam, and
the Northern Mariana Islands each receives no less than
0.08 percent of the funds available for covered grants
for that fiscal year for purposes of implementing its
approved State homeland security plan in accordance
with the prioritization of needs under section
1803(c)(1)(D); and
``(D) directly eligible tribes collectively receive
no less than 0.08 percent of the funds available for
covered grants for such fiscal year for purposes of
addressing the needs identified in the applications of
such tribes, consistent with the homeland security plan
of each State within the boundaries of which any part
of any such tribe is located, except that this clause
shall not apply with respect to funds available for a
fiscal year if the Secretary receives less than 5
applications for such fiscal year from such tribes
under section 1803(e)(6)(A) or does not approve at
least one such application.
``(6) Additional high-risk qualifying criteria.--For
purposes of paragraph (5)(B), additional high-risk qualifying
criteria consist of--
``(A) having a significant international land
border; or
``(B) adjoining a body of water within North
America through which an international boundary line
extends.
``(d) Effect of Regional Awards on State Minimum.--Any regional
award, or portion thereof, provided to a State under section
1803(e)(5)(C) shall not be considered in calculating the minimum State
award under subsection (c)(5) of this section.
``SEC. 1805. TASK FORCE ON TERRORISM PREPAREDNESS FOR FIRST RESPONDERS.
``(a) Establishment.--To assist the Secretary in updating,
revising, or replacing essential capabilities for terrorism
preparedness, the Secretary shall establish an advisory body pursuant
to section 871(a) not later than 60 days after the date of the
enactment of this section, which shall be known as the Task Force on
Terrorism Preparedness for First Responders.
``(b) Update, Revise, or Replace.--The Secretary shall regularly
update, revise, or replace the essential capabilities for terrorism
preparedness as necessary, but not less than every 3 years.
``(c) Report.--
``(1) In general.--The Task Force shall submit to the
Secretary, by not later than 12 months after its establishment
by the Secretary under subsection (a) and not later than every
2 years thereafter, a report on its recommendations for
essential capabilities for terrorism preparedness.
``(2) Contents.--Each report shall--
``(A) include a priority ranking of essential
capabilities in order to provide guidance to the
Secretary and to the Congress on determining the
appropriate allocation of, and funding levels for,
first responder needs;
``(B) set forth a methodology by which any State or
local government will be able to determine the extent
to which it possesses or has access to the essential
capabilities that States and local governments having
similar risks should obtain;
``(C) describe the availability of national
voluntary consensus standards, and whether there is a
need for new national voluntary consensus standards,
with respect to first responder training and equipment;
``(D) include such additional matters as the
Secretary may specify in order to further the terrorism
preparedness capabilities of first responders; and
``(E) include such revisions to the contents of
previous reports as are necessary to take into account
changes in the most current risk assessment available
by the Directorate for Information Analysis and
Infrastructure Protection or other relevant information
as determined by the Secretary.
``(3) Consistency with federal working group.--The Task
Force shall ensure that its recommendations for essential
capabilities for terrorism preparedness are, to the extent
feasible, consistent with any preparedness goals or
recommendations of the Federal working group established under
section 319F(a) of the Public Health Service Act (42 U.S.C.
247d-6(a)).
``(4) Comprehensiveness.--The Task Force shall ensure that
its recommendations regarding essential capabilities for
terrorism preparedness are made within the context of a
comprehensive State emergency management system.
``(5) Prior measures.--The Task Force shall ensure that its
recommendations regarding essential capabilities for terrorism
preparedness take into account any capabilities that State or
local officials have determined to be essential and have
undertaken since September 11, 2001, to prevent, prepare for,
respond to, or recover from terrorist attacks.
``(d) Membership.--
``(1) In general.--The Task Force shall consist of 25
members appointed by the Secretary, and shall, to the extent
practicable, represent a geographic (including urban and rural)
and substantive cross section of governmental and
nongovernmental first responder disciplines from the State and
local levels, including as appropriate--
``(A) members selected from the emergency response
field, including fire service and law enforcement,
hazardous materials response, emergency medical
services, and emergency management personnel (including
public works personnel routinely engaged in emergency
response);
``(B) health scientists, emergency and inpatient
medical providers, and public health professionals,
including experts in emergency health care response to
chemical, biological, radiological, and nuclear
terrorism, and experts in providing mental health care
during emergency response operations;
``(C) experts from Federal, State, and local
governments, and the private sector, representing
standards-setting organizations, including
representation from the voluntary consensus codes and
standards development community, particularly those
with expertise in first responder disciplines; and
``(D) State and local officials with expertise in
terrorism preparedness, subject to the condition that
if any such official is an elected official
representing one of the two major political parties, an
equal number of elected officials shall be selected
from each such party.
``(2) Coordination with the department of health and health
services.--In the selection of members of the Task Force who
are health professionals, including emergency medical
professionals, the Secretary shall coordinate such selection
with the Secretary of Health and Human Services.
``(3) Ex officio members.--The Secretary and the Secretary
of Health and Human Services shall each designate one or more
officers of their respective Departments to serve as ex officio
members of the Task Force. One of the ex officio members from
the Department of Homeland Security shall be the designated
officer of the Federal Government for purposes of subsection
(e) of section 10 of the Federal Advisory Committee Act (5 App.
U.S.C.).
``(e) Applicability of Federal Advisory Committee Act.--
Notwithstanding section 871(a), the Federal Advisory Committee Act (5
App. U.S.C.), including subsections (a), (b), and (d) of section 10 of
such Act, and section 552b(c) of title 5, United States Code, shall
apply to the Task Force.
``SEC. 1806. USE OF FUNDS AND ACCOUNTABILITY REQUIREMENTS.
``(a) In General.--A covered grant may be used for--
``(1) purchasing or upgrading equipment, including computer
software, to enhance terrorism preparedness;
``(2) exercises to strengthen terrorism preparedness;
``(3) training for prevention (including detection) of,
preparedness for, response to, or recovery from attacks
involving weapons of mass destruction, including training in
the use of equipment and computer software;
``(4) developing or updating State homeland security plans,
risk assessments, mutual aid agreements, and emergency
management plans to enhance terrorism preparedness;
``(5) establishing or enhancing mechanisms for sharing
terrorism threat information;
``(6) systems architecture and engineering, program
planning and management, strategy formulation and strategic
planning, life-cycle systems design, product and technology
evaluation, and prototype development for terrorism
preparedness purposes;
``(7) additional personnel costs resulting from--
``(A) elevations in the threat alert level of the
Homeland Security Advisory System by the Secretary, or
a similar elevation in threat alert level issued by a
State, region, or local government with the approval of
the Secretary;
``(B) travel to and participation in exercises and
training in the use of equipment and on prevention
activities; and
``(C) the temporary replacement of personnel during
any period of travel to and participation in exercises
and training in the use of equipment and on prevention
activities;
``(8) the costs of equipment (including software) required
to receive, transmit, handle, and store classified information;
``(9) protecting critical infrastructure against potential
attack by the addition of barriers, fences, gates, and other
such devices, except that the cost of such measures may not
exceed the greater of--
``(A) $1,000,000 per project; or
``(B) such greater amount as may be approved by the
Secretary, which may not exceed 10 percent of the total
amount of the covered grant;
``(10) the costs of commercially available interoperable
communications equipment (which, where applicable, is based on
national, voluntary consensus standards) that the Secretary, in
consultation with the Chairman of the Federal Communications
Commission, deems best suited to facilitate interoperability,
coordination, and integration between and among emergency
communications systems, and that complies with prevailing grant
guidance of the Department for interoperable communications;
``(11) educational curricula development for first
responders to ensure that they are prepared for terrorist
attacks;
``(12) training and exercises to assist public elementary
and secondary schools in developing and implementing programs
to instruct students regarding age-appropriate skills to
prevent, prepare for, respond to, mitigate against, or recover
from an act of terrorism;
``(13) paying of administrative expenses directly related
to administration of the grant, except that such expenses may
not exceed 3 percent of the amount of the grant;
``(14) paying for the conduct of any activity permitted
under the Law Enforcement Terrorism Prevention Program, or any
such successor to such program; and
``(15) other appropriate activities as determined by the
Secretary.
``(b) Prohibited Uses.--Funds provided as a covered grant may not
be used--
``(1) to supplant State or local funds;
``(2) to construct buildings or other physical facilities;
``(3) to acquire land; or
``(4) for any State or local government cost sharing
contribution.
``(c) Multiple-Purpose Funds.--Nothing in this section shall be
construed to preclude State and local governments from using covered
grant funds in a manner that also enhances first responder preparedness
for emergencies and disasters unrelated to acts of terrorism, if such
use assists such governments in achieving essential capabilities for
terrorism preparedness established by the Secretary.
``(d) Reimbursement of Costs.--(1) In addition to the activities
described in subsection (a), a covered grant may be used to provide a
reasonable stipend to paid-on-call or volunteer first responders who
are not otherwise compensated for travel to or participation in
training covered by this section. Any such reimbursement shall not be
considered compensation for purposes of rendering such a first
responder an employee under the Fair Labor Standards Act of 1938 (29
U.S.C. 201 et seq.).
``(2) An applicant for a covered grant may petition the Secretary
for the reimbursement of the cost of any activity relating to
prevention (including detection) of, preparedness for, response to, or
recovery from acts of terrorism that is a Federal duty and usually
performed by a Federal agency, and that is being performed by a State
or local government (or both) under agreement with a Federal agency.
``(e) Assistance Requirement.--The Secretary may not require that
equipment paid for, wholly or in part, with funds provided as a covered
grant be made available for responding to emergencies in surrounding
States, regions, and localities, unless the Secretary undertakes to pay
the costs directly attributable to transporting and operating such
equipment during such response.
``(f) Flexibility in Unspent Homeland Security Grant Funds.--Upon
request by the recipient of a covered grant, the Secretary may
authorize the grantee to transfer all or part of funds provided as the
covered grant from uses specified in the grant agreement to other uses
authorized under this section, if the Secretary determines that such
transfer is in the interests of homeland security.
``(g) State, Regional, and Tribal Responsibilities.--
``(1) Pass-through.--The Secretary shall require a
recipient of a covered grant that is a State to obligate or
otherwise make available to local governments, first
responders, and other local groups, to the extent required
under the State homeland security plan or plans specified in
the application for the grant, not less than 80 percent of the
grant funds, resources purchased with the grant funds having a
value equal to at least 80 percent of the amount of the grant,
or a combination thereof, by not later than the end of the 45-
day period beginning on the date the grant recipient receives
the grant funds.
``(2) Cost sharing.--
``(A) In general.--The Federal share of the costs
of an activity carried out with a covered grant to a
State, region, or directly eligible tribe awarded after
the 2-year period beginning on the date of the
enactment of this section shall not exceed 75 percent.
``(B) Interim rule.--The Federal share of the costs
of an activity carried out with a covered grant awarded
before the end of the 2-year period beginning on the
date of the enactment of this section shall be 100
percent.
``(C) In-kind matching.--Each recipient of a
covered grant may meet the matching requirement under
subparagraph (A) by making in-kind contributions of
goods or services that are directly linked with the
purpose for which the grant is made, including, but not
limited to, any necessary personnel overtime,
contractor services, administrative costs, equipment
fuel and maintenance, and rental space.
``(3) Certifications regarding distribution of grant funds
to local governments.--Any State that receives a covered grant
shall certify to the Secretary, by not later than 30 days after
the expiration of the period described in paragraph (1) with
respect to the grant, that the State has made available for
expenditure by local governments, first responders, and other
local groups the required amount of grant funds pursuant to
paragraph (1).
``(4) Quarterly report on homeland security spending.--The
Federal share described in paragraph (2)(A) may be increased by
up to 2 percent for any State, region, or directly eligible
tribe that, not later than 30 days after the end of each fiscal
quarter, submits to the Secretary a report on that fiscal
quarter. Each such report must include, for each recipient of a
covered grant or a pass-through under paragraph (1)--
``(A) the amount obligated to that recipient in
that quarter;
``(B) the amount expended by that recipient in that
quarter; and
``(C) a summary description of the items purchased
by such recipient with such amount.
``(5) Annual report on homeland security spending.--Each
recipient of a covered grant shall submit an annual report to
the Secretary not later than 60 days after the end of each
Federal fiscal year. Each recipient of a covered grant that is
a region must simultaneously submit its report to each State of
which any part is included in the region. Each recipient of a
covered grant that is a directly eligible tribe must
simultaneously submit its report to each State within the
boundaries of which any part of such tribe is located. Each
report must include the following:
``(A) The amount, ultimate recipients, and dates of
receipt of all funds received under the grant during
the previous fiscal year.
``(B) The amount and the dates of disbursements of
all such funds expended in compliance with paragraph
(1) or pursuant to mutual aid agreements or other
sharing arrangements that apply within the State,
region, or directly eligible tribe, as applicable,
during the previous fiscal year.
``(C) How the funds were utilized by each ultimate
recipient or beneficiary during the preceding fiscal
year.
``(D) The extent to which essential capabilities
identified in the applicable State homeland security
plan or plans were achieved, maintained, or enhanced as
the result of the expenditure of grant funds during the
preceding fiscal year.
``(E) The extent to which essential capabilities
identified in the applicable State homeland security
plan or plans remain unmet.
``(6) Inclusion of restricted annexes.--A recipient of a
covered grant may submit to the Secretary an annex to the
annual report under paragraph (5) that is subject to
appropriate handling restrictions, if the recipient believes
that discussion in the report of unmet needs would reveal
sensitive but unclassified information.
``(7) Provision of reports.--The Secretary shall ensure
that each annual report under paragraph (5) is provided to the
Under Secretary for Emergency Preparedness and Response and the
Director of the Office for Domestic Preparedness.
``(h) Incentives to Efficient Administration of Homeland Security
Grants.--
``(1) Penalties for delay in passing through local share.--
If a recipient of a covered grant that is a State fails to pass
through to local governments, first responders, and other local
groups funds or resources required by subsection (g)(1) within
45 days after receiving funds under the grant, the Secretary
may--
``(A) reduce grant payments to the grant recipient
from the portion of grant funds that is not required to
be passed through under subsection (g)(1);
``(B) terminate payment of funds under the grant to
the recipient, and transfer the appropriate portion of
those funds directly to local first responders that
were intended to receive funding under that grant; or
``(C) impose additional restrictions or burdens on
the recipient's use of funds under the grant, which may
include--
``(i) prohibiting use of such funds to pay
the grant recipient's grant-related overtime or
other expenses;
``(ii) requiring the grant recipient to
distribute to local government beneficiaries
all or a portion of grant funds that are not
required to be passed through under subsection
(g)(1); or
``(iii) for each day that the grant
recipient fails to pass through funds or
resources in accordance with subsection (g)(1),
reducing grant payments to the grant recipient
from the portion of grant funds that is not
required to be passed through under subsection
(g)(1), except that the total amount of such
reduction may not exceed 20 percent of the
total amount of the grant.
``(2) Extension of period.--The Governor of a State may
request in writing that the Secretary extend the 45-day period
under section 1803(e)(5)(E) or paragraph (1) for an additional
15-day period. The Secretary may approve such a request, and
may extend such period for additional 15-day periods, if the
Secretary determines that the resulting delay in providing
grant funding to the local government entities that will
receive funding under the grant will not have a significant
detrimental impact on such entities' terrorism preparedness
efforts.
``(3) Provision of non-local share to local government.--
``(A) In general.--The Secretary may upon request
by a local government pay to the local government a
portion of the amount of a covered grant awarded to a
State in which the local government is located, if--
``(i) the local government will use the
amount paid to expedite planned enhancements to
its terrorism preparedness as described in any
applicable State homeland security plan or
plans;
``(ii) the State has failed to pass through
funds or resources in accordance with
subsection (g)(1); and
``(iii) the local government complies with
subparagraphs (B) and (C).
``(B) Showing required.--To receive a payment under
this paragraph, a local government must demonstrate
that--
``(i) it is identified explicitly as an
ultimate recipient or intended beneficiary in
the approved grant application;
``(ii) it was intended by the grantee to
receive a severable portion of the overall
grant for a specific purpose that is identified
in the grant application;
``(iii) it petitioned the grantee for the
funds or resources after expiration of the
period within which the funds or resources were
required to be passed through under subsection
(g)(1); and
``(iv) it did not receive the portion of
the overall grant that was earmarked or
designated for its use or benefit.
``(C) Effect of payment.--Payment of grant funds to
a local government under this paragraph--
``(i) shall not affect any payment to
another local government under this paragraph;
and
``(ii) shall not prejudice consideration of
a request for payment under this paragraph that
is submitted by another local government.
``(D) Deadline for action by secretary.--The
Secretary shall approve or disapprove each request for
payment under this paragraph by not later than 15 days
after the date the request is received by the
Department.
``(i) Reports to Congress.--The Secretary shall submit an annual
report to the Congress by January 31 of each year covering the
preceding fiscal year--
``(1) describing in detail the amount of Federal funds
provided as covered grants that were directed to each State,
region, and directly eligible tribe in the preceding fiscal
year;
``(2) containing information on the use of such grant funds
by grantees; and
``(3) describing--
``(A) the Nation's progress in achieving,
maintaining, and enhancing the essential capabilities
established by the Secretary as a result of the
expenditure of covered grant funds during the preceding
fiscal year; and
``(B) an estimate of the amount of expenditures
required to attain across the United States the
essential capabilities established by the Secretary.
``SEC. 1807. NATIONAL STANDARDS FOR FIRST RESPONDER EQUIPMENT AND
TRAINING.
``(a) Equipment Standards.--
``(1) In general.--The Secretary, in consultation with the
Under Secretaries for Emergency Preparedness and Response and
Science and Technology and the Director of the Office for
Domestic Preparedness, shall, not later than 6 months after the
date of enactment of this section, support the development of,
promulgate, and update as necessary national voluntary
consensus standards for the performance, use, and validation of
first responder equipment for purposes of section 1805(e)(7).
Such standards--
``(A) shall be, to the maximum extent practicable,
consistent with any existing voluntary consensus
standards;
``(B) shall take into account, as appropriate, new
types of terrorism threats that may not have been
contemplated when such existing standards were
developed;
``(C) shall be focused on maximizing
interoperability, interchangeability, durability,
flexibility, efficiency, efficacy, portability,
sustainability, and safety; and
``(D) shall cover all appropriate uses of the
equipment.
``(2) Required categories.--In carrying out paragraph (1),
the Secretary shall specifically consider the following
categories of first responder equipment:
``(A) Thermal imaging equipment.
``(B) Radiation detection and analysis equipment.
``(C) Biological detection and analysis equipment.
``(D) Chemical detection and analysis equipment.
``(E) Decontamination and sterilization equipment.
``(F) Personal protective equipment, including
garments, boots, gloves, and hoods and other protective
clothing.
``(G) Respiratory protection equipment.
``(H) Interoperable communications, including
wireless and wireline voice, video, and data networks.
``(I) Explosive mitigation devices and explosive
detection and analysis equipment.
``(J) Containment vessels.
``(K) Contaminant-resistant vehicles.
``(L) Such other equipment for which the Secretary
determines that national voluntary consensus standards
would be appropriate.
``(b) Training Standards.--
``(1) In general.--The Secretary, in consultation with the
Under Secretaries for Emergency Preparedness and Response and
Science and Technology and the Director of the Office for
Domestic Preparedness, shall support the development of,
promulgate, and regularly update as necessary national
voluntary consensus standards for first responder training
carried out with amounts provided under covered grant programs,
that will enable State and local government first responders to
achieve optimal levels of terrorism preparedness as quickly as
practicable. Such standards shall give priority to providing
training to--
``(A) enable first responders to prevent, prepare
for, respond to, mitigate against, and recover from
terrorist threats, including threats from chemical,
biological, nuclear, and radiological weapons and
explosive devices capable of inflicting significant
human casualties; and
``(B) familiarize first responders with the proper
use of equipment, including software, developed
pursuant to the standards established under subsection
(a).
``(2) Required categories.--In carrying out paragraph (1),
the Secretary specifically shall include the following
categories of first responder activities:
``(A) Regional planning.
``(B) Joint exercises.
``(C) Intelligence collection, analysis, and
sharing.
``(D) Emergency notification of affected
populations.
``(E) Detection of biological, nuclear,
radiological, and chemical weapons of mass destruction.
``(F) Such other activities for which the Secretary
determines that national voluntary consensus training
standards would be appropriate.
``(3) Consistency.--In carrying out this subsection, the
Secretary shall ensure that such training standards are
consistent with the principles of emergency preparedness for
all hazards.
``(c) Consultation With Standards Organizations.--In establishing
national voluntary consensus standards for first responder equipment
and training under this section, the Secretary shall consult with
relevant public and private sector groups, including--
``(1) the National Institute of Standards and Technology;
``(2) the National Fire Protection Association;
``(3) the National Association of County and City Health
Officials;
``(4) the Association of State and Territorial Health
Officials;
``(5) the American National Standards Institute;
``(6) the National Institute of Justice;
``(7) the Inter-Agency Board for Equipment Standardization
and Interoperability;
``(8) the National Public Health Performance Standards
Program;
``(9) the National Institute for Occupational Safety and
Health;
``(10) ASTM International;
``(11) the International Safety Equipment Association;
``(12) the Emergency Management Accreditation Program; and
``(13) to the extent the Secretary considers appropriate,
other national voluntary consensus standards development
organizations, other interested Federal, State, and local
agencies, and other interested persons.
``(d) Coordination With Secretary of HHS.--In establishing any
national voluntary consensus standards under this section for first
responder equipment or training that involve or relate to health
professionals, including emergency medical professionals, the Secretary
shall coordinate activities under this section with the Secretary of
Health and Human Services.''.
(b) Definition of Emergency Response Providers.--Paragraph (6) of
section 2 of the Homeland Security Act of 2002 (Public Law 107-296; 6
U.S.C. 101(6)) is amended by striking ``includes'' and all that follows
and inserting ``includes Federal, State, and local governmental and
nongovernmental emergency public safety, law enforcement, fire,
emergency response, emergency medical (including hospital emergency
facilities), and related personnel, organizations, agencies, and
authorities.''.
SEC. 114. SUPERSEDED PROVISION.
This chapter supersedes section 1014(c)(3) of Public Law 107-56.
SEC. 115. OVERSIGHT.
The Secretary of Homeland Security shall establish within the
Office for Domestic Preparedness an Office of the Comptroller to
oversee the grants distribution process and the financial management of
the Office for Domestic Preparedness.
SEC. 116. GAO REPORT ON AN INVENTORY AND STATUS OF HOMELAND SECURITY
FIRST RESPONDER TRAINING.
(a) In General.--The Comptroller General of the United States shall
report to the Congress in accordance with this section--
(1) on the overall inventory and status of first responder
training programs of the Department of Homeland Security and
other departments and agencies of the Federal Government; and
(2) the extent to which such programs are coordinated.
(b) Contents of Reports.--The reports under this section shall
include--
(1) an assessment of the effectiveness of the structure and
organization of such training programs;
(2) recommendations to--
(A) improve the coordination, structure, and
organization of such training programs; and
(B) increase the availability of training to first
responders who are not able to attend centralized
training programs;
(3) the structure and organizational effectiveness of such
programs for first responders in rural communities;
(4) identification of any duplication or redundancy among
such programs;
(5) a description of the use of State and local training
institutions, universities, centers, and the National Domestic
Preparedness Consortium in designing and providing training;
(6) a cost-benefit analysis of the costs and time required
for first responders to participate in training courses at
Federal institutions;
(7) an assessment of the approval process for certifying
non-Department of Homeland Security training courses that are
useful for anti-terrorism purposes as eligible for grants
awarded by the Department;
(8) a description of the use of Department of Homeland
Security grant funds by States and local governments to acquire
training;
(9) an analysis of the feasibility of Federal, State, and
local personnel to receive the training that is necessary to
adopt the National Response Plan and the National Incident
Management System; and
(10) the role of each first responder training institution
within the Department of Homeland Security in the design and
implementation of terrorism preparedness and related training
courses for first responders.
(c) Deadlines.--The Comptroller General shall--
(1) submit a report under subsection (a)(1) by not later
than 60 days after the date of the enactment of this Act; and
(2) submit a report on the remainder of the topics required
by this section by not later than 120 days after the date of
the enactment of this Act.
SEC. 117. REMOVAL OF CIVIL LIABILITY BARRIERS THAT DISCOURAGE THE
DONATION OF FIRE EQUIPMENT TO VOLUNTEER FIRE COMPANIES.
(a) Liability Protection.--A person who donates fire control or
fire rescue equipment to a volunteer fire company shall not be liable
for civil damages under any State or Federal law for personal injuries,
property damage or loss, or death caused by the equipment after the
donation.
(b) Exceptions.--Subsection (a) does not apply to a person if--
(1) the person's act or omission causing the injury,
damage, loss, or death constitutes gross negligence or
intentional misconduct; or
(2) the person is the manufacturer of the fire control or
fire rescue equipment.
(c) Preemption.--This section preempts the laws of any State to the
extent that such laws are inconsistent with this section, except that
notwithstanding subsection (b) this section shall not preempt any State
law that provides additional protection from liability for a person who
donates fire control or fire rescue equipment to a volunteer fire
company.
(d) Definitions.--In this section:
(1) Person.--The term ``person'' includes any governmental
or other entity.
(2) Fire control or rescue equipment.--The term ``fire
control or fire rescue equipment'' includes any fire vehicle,
fire fighting tool, communications equipment, protective gear,
fire hose, or breathing apparatus.
(3) State.--The term ``State'' includes the several States,
the District of Columbia, the Commonwealth of Puerto Rico, the
Commonwealth of the Northern Mariana Islands, American Samoa,
Guam, the Virgin Islands, any other territory or possession of
the United States, and any political subdivision of any such
State, territory, or possession.
(4) Volunteer fire company.--The term ``volunteer fire
company'' means an association of individuals who provide fire
protection and other emergency services, where at least 30
percent of the individuals receive little or no compensation
compared with an entry level full-time paid individual in that
association or in the nearest such association with an entry
level full-time paid individual.
(e) Effective Date.--This section applies only to liability for
injury, damage, loss, or death caused by equipment that, for purposes
of subsection (a), is donated on or after the date that is 30 days
after the date of the enactment of this Act.
Subtitle B--Transportation Security
SEC. 121. REPORT ON NATIONAL STRATEGY FOR TRANSPORTATION SECURITY.
(a) Report; Certification.--Not later than 30 days after the date
of the enactment of this Act, and every 30 days thereafter, the
Secretary of Transportation shall submit to the relevant congressional
committees a report on the recommendations of the 9/11 Commission and
the policy goals of the Intelligence Reform and Terrorism Prevention
Act of 2004 (Public Law 108-458) with respect to completion of a
national strategy for transportation security. Such report shall
include--
(1) a certification by the Secretary of Transportation that
such recommendations have been implemented and such policy
goals have been achieved; or
(2) if the Secretary of Transportation is unable to make
the certification described in paragraph (1), a description
of--
(A) the steps taken to implement such
recommendations and achieve such policy goals;
(B) when the Secretary expects such recommendations
to be implemented and such policy goals to be achieved;
and
(C) any allocation of resources or other actions by
Congress the Secretary considers necessary to implement
such recommendations and achieve such policy goals.
(b) Termination of Duty to Report.--The duty to submit a report
under subsection (a) shall terminate when the Secretary of
Transportation submits a certification pursuant to subsection (a)(1).
(c) GAO Review of Certification.--If the Secretary of
Transportation submits a certification pursuant to subsection (a)(1),
not later than 30 days after the submission of such certification, the
Comptroller General shall submit to the relevant congressional
committees a report on whether the recommendations described in such
subsection (e) have been implemented and whether the policy goals
described in subsection (a) have been achieved.
SEC. 122. REPORT ON AIRLINE PASSENGER PRE-SCREENING.
(a) Report; Certification.--Not later than 30 days after the date
of the enactment of this Act, and every 30 days thereafter, the
Secretary of Transportation shall submit to the relevant congressional
committees a report on the recommendations of the 9/11 Commission and
the policy goals of the Intelligence Reform and Terrorism Prevention
Act of 2004 (Public Law 108-458) with respect to improving airline
passenger pre-screening. Such report shall include--
(1) a certification by the Secretary of Transportation that
such recommendations have been implemented and such policy
goals have been achieved; or
(2) if the Secretary of Transportation is unable to make
the certification described in paragraph (1), a description
of--
(A) the steps taken to implement such
recommendations and achieve such policy goals;
(B) when the Secretary expects such recommendations
to be implemented and such policy goals to be achieved;
and
(C) any allocation of resources or other actions by
Congress the Secretary considers necessary to implement
such recommendations and achieve such policy goals.
(b) Termination of Duty to Report.--The duty to submit a report
under subsection (a) shall terminate when the Secretary of
Transportation submits a certification pursuant to subsection (a)(1).
(c) GAO Review of Certification.--If the Secretary of
Transportation submits a certification pursuant to subsection (a)(1),
not later than 30 days after the submission of such certification, the
Comptroller General shall submit to the relevant congressional
committees a report on whether the recommendations described in
subsection (a) have been implemented and whether the policy goals
described in subsection (a) have been achieved.
SEC. 123. REPORT ON DETECTION OF EXPLOSIVES AT AIRLINE SCREENING
CHECKPOINTS.
(a) Report; Certification.--Not later than 30 days after the date
of the enactment of this Act, and every 30 days thereafter, the
Secretary of Transportation shall submit to the relevant congressional
committees a report on the recommendations of the 9/11 Commission and
the policy goals of the Intelligence Reform and Terrorism Prevention
Act of 2004 (Public Law 108-458) with respect to the improvement of
airline screening checkpoints to detect explosives. Such report shall
include--
(1) a certification by the Secretary of Transportation that
such recommendations have been implemented and such policy
goals have been achieved; or
(2) if the Secretary of Transportation is unable to make
the certification described in paragraph (1), a description
of--
(A) the steps taken to implement such
recommendations and achieve such policy goals;
(B) when the Secretary expects such recommendations
to be implemented and such policy goals to be achieved;
and
(C) any allocation of resources or other actions by
Congress the Secretary considers necessary to implement
such recommendations and achieve such policy goals.
(b) Termination of Duty to Report.--The duty to submit a report
under subsection (a) shall terminate when the Secretary of
Transportation submits a certification pursuant to subsection (a)(1).
(c) GAO Review of Certification.--If the Secretary of
Transportation submits a certification pursuant to subsection (a)(1),
not later than 30 days after the submission of such certification, the
Comptroller General shall submit to the relevant congressional
committees a report on whether the recommendations described in
subsection (a) have been implemented and whether the policy goals
described in subsection (a) have been achieved.
SEC. 124. REPORT ON COMPREHENSIVE SCREENING PROGRAM.
(a) Report; Certification.--Not later than 30 days after the date
of the enactment of this Act, and every 30 days thereafter, the
Secretary of Transportation shall submit to the relevant congressional
committees a report on the recommendations of the 9/11 Commission and
the policy goals of the Intelligence Reform and Terrorism Prevention
Act of 2004 (Public Law 108-458) with respect to implementation of a
comprehensive screening program. Such report shall include--
(1) a certification by the Secretary of Transportation that
such recommendations have been implemented and such policy
goals have been achieved; or
(2) if the Secretary of Transportation is unable to make
the certification described in paragraph (1), a description
of--
(A) the steps taken to implement such
recommendations and achieve such policy goals;
(B) when the Secretary expects such recommendations
to be implemented and such policy goals to be achieved;
and
(C) any allocation of resources or other actions by
Congress the Secretary considers necessary to implement
such recommendations and achieve such policy goals.
(b) Termination of Duty to Report.--The duty to submit a report
under subsection (a) shall terminate when the Secretary of
Transportation submits a certification pursuant to subsection (a)(1).
(c) GAO Review of Certification.--If the Secretary of
Transportation submits a certification pursuant to subsection (a)(1),
not later than 30 days after the submission of such certification, the
Comptroller General shall submit to the relevant congressional
committees a report on whether the recommendations described in
subsection (a) have been implemented and whether the policy goals
described in subsection (a) have been achieved.
SEC. 125. RELEVANT CONGRESSIONAL COMMITTEES DEFINED.
In this subtitle, the term ``relevant congressional committees''
means--
(1) the Committee on Homeland Security of the House of
Representatives;
(2) the Committee on Government Reform of the House of
Representatives;
(3) the Committee on Transportation and Infrastructure of
the House of Representatives;
(4) the Committee on Homeland Security and Government
Affairs of the Senate; and
(5) the Committee on Environment and Public Works of the
Senate.
Subtitle C--Border Security
SEC. 131. COUNTERTERRORIST TRAVEL INTELLIGENCE.
(a) Report; Certification.--Not later than 30 days after the date
of the enactment of this Act, and every 30 days thereafter, the
Director of the National Counterterrorism Center shall submit to the
relevant congressional committees a report on the recommendations of
the 9/11 Commission and the policy goals of the Intelligence Reform and
Terrorism Prevention Act of 2004 (Public Law 108-458) with respect to
improving collection and analysis of intelligence on terrorist travel.
Each such report shall include--
(1) a certification that such recommendations have been
implemented and such policy goals have been achieved; or
(2) if the Director of the National Counterterrorism Center
is unable to make the certification described in paragraph (1),
a description of--
(A) the steps taken to implement such
recommendations and achieve such policy goals;
(B) when such recommendations are expected to to be
implemented and such policy goals to be achieved; and
(C) any allocation of resources or other actions by
Congress considered necessary to implement such
recommendations and achieve such policy goals.
(b) Termination of Duty to Report.--The duty of the Director of the
National Counterterrorism Center to submit a report under subsection
(a) shall terminate when the Secretary submits a certification pursuant
to subsection (a)(1). The duty of the Director of National Intelligence
to submit a report under subsection (a) shall terminate when the
Director submits a certification pursuant to subsection (a)(1).
(c) GAO Review of Certification.--If the Director of the National
Counterterrorism submits a certification pursuant to subsection (a)(1),
not later than 30 days after the submission of such certification, the
Comptroller General shall submit to the relevant congressional
committees a report on whether the recommendations described in
subsection (a) have been implemented and whether the policy goals
described in subsection (a) have been achieved.
(d) Relevant Congressional Committees.--For purposes of this
section, the term ``relevant congressional committees'' means the the
following:
(1) The Committee on Homeland Security of the House of
Representatives.
(2) The Committee on Government Reform of the House of
Representatives.
(3) The Committee on Transportation and Infrastructure of
the House of Representatives.
(4) The Committee on Homeland Security and Governmental
Affairs of the Senate.
(5) The Committee on Environment and Public Works of the
Senate.
(6) The Select Committee on Intelligence of the Senate.
(7) The Permanent Select Committee on Intelligence of the
House of Representatives.
SEC. 132. COMPREHENSIVE SCREENING SYSTEM.
(a) Report; Certification.--Not later than 30 days after the date
of the enactment of this Act, and every 30 days thereafter, the
Secretary of Homeland Security and the Secretary of Transportation
shall each submit to the relevant congressional committees a report on
the recommendations of the 9/11 Commission and the policy goals of the
Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law
108-458) with respect to the establishment of the comprehensive
screening system described in Presidential Homeland Security Directive
11 (dated August 27, 2004). Each such report shall include--
(1) a certification that such recommendations have been
implemented and such policy goals have been achieved; or
(2) if either the Secretary of Homeland Security or the
Secretary of Transportation is unable to make the certification
described in paragraph (1), a description of--
(A) the steps taken to implement such
recommendations and achieve such policy goals;
(B) when such recommendations are expected to be
implemented and such policy goals to be achieved; and
(C) any allocation of resources or other actions by
Congress considered necessary to implement such
recommendations and achieve such policy goals.
(b) Termination of Duty to Report.--The duty of the Secretary of
Homeland Security to submit a report under subsection (a) shall
terminate when the Secretary of Homeland Security submits a
certification pursuant to subsection (a)(1). The duty of the Secretary
of Transportation to submit a report under subsection (a) shall
terminate when the Secretary of Transportation submits a certification
pursuant to subsection (a)(1).
(c) GAO Review of Certification.--If the Secretary of Homeland
Security and the Secretary of Transportation both submit certifications
pursuant to subsection (a)(1), not later than 30 days after the
submission of such certifications, the Comptroller General shall submit
to the relevant congressional committees a report on whether the
recommendations described in subsection (a) have been implemented and
whether the policy goals described in subsection (a) have been
achieved.
(d) Relevant Congressional Committees.--For purposes of this
section, the term ``relevant congressional committees'' means the the
following:
(1) The Committee on Homeland Security of the House of
Representatives.
(2) The Committee on Government Reform of the House of
Representatives.
(3) The Committee on Transportation and Infrastructure of
the House of Representatives.
(4) The Committee on Homeland Security and Governmental
Affairs of the Senate.
(5) The Committee on Environment and Public Works of the
Senate.
SEC. 133. BIOMETRIC ENTRY AND EXIT DATA SYSTEM.
(a) Report; Certification.--Not later than 30 days after the date
of the enactment of this Act, and every 30 days thereafter, the
Secretary of Homeland Security shall submit to the relevant
congressional committees a report on the recommendations of the 9/11
Commission and the policy goals of the Intelligence Reform and
Terrorism Prevention Act of 2004 (Public Law 108-458) with respect to
the completion of a biometric entry and exit data system. Each such
report shall include--
(1) a certification that such recommendations have been
implemented and such policy goals have been achieved; or
(2) if the Secretary of Homeland Security is unable to make
the certification described in paragraph (1), a description
of--
(A) the steps taken to implement such
recommendations and achieve such policy goals;
(B) when such recommendations are expected to be
implemented and such policy goals to be achieved; and
(C) any allocation of resources or other actions by
Congress the Secretary considers necessary to implement
such recommendations and achieve such policy goals.
(b) Termination of Duty to Report.--The duty to submit a report
under subsection (a) shall terminate when the Secretary of Homeland
Security submits a certification pursuant to subsection (a)(1).
(c) GAO Review of Certification.--If the Secretary of Homeland
Security submits a certification pursuant to subsection (a)(1), not
later than 30 days after the submission of such certification, the
Comptroller General shall submit to the relevant congressional
committees a report on whether the recommendations described in
subsection (a) have been implemented and whether the policy goals
described in subsection (a) have been achieved.
(d) Relevant Congressional Committees.--For purposes of this
section, the term ``relevant congressional committees'' means the the
following:
(1) The Committee on Homeland Security of the House of
Representatives.
(2) The Committee on Government Reform of the House of
Representatives.
(3) The Committee on the Judiciary of the House of
Representatives.
(4) The Committee on Homeland Security and Governmental
Affairs of the Senate.
(5) The Committee on the Judiciary of the Senate.
SEC. 134. INTERNATIONAL COLLABORATION ON BORDER AND DOCUMENT SECURITY.
(a) Report; Certification.--Not later than 30 days after the date
of the enactment of this Act, and every 30 days thereafter, the
Secretary of Homeland Security and the Secretary of State shall each
submit to the relevant congressional committees a report on the
recommendations of the 9/11 Commission and the policy goals of the
Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law
108-458) with respect to international collaboration on border and
document security. Each such report shall include--
(1) a certification that such recommendations have been
implemented and such policy goals have been achieved; or
(2) if either the Secretary of Homeland Security or the
Secretary of State is unable to make the certification
described in paragraph (1), a description of--
(A) the steps taken to implement such
recommendations and achieve such policy goals;
(B) when such recommendations are expected to be
implemented and such policy goals to be achieved; and
(C) any allocation of resources or other actions by
Congress considered necessary to implement such
recommendations and achieve such policy goals.
(b) Termination of Duty to Report.--The duty of the Secretary of
Homeland Security to submit a report under subsection (a) shall
terminate when the Secretary of Homeland Security submits a
certification pursuant to subsection (a)(1). The duty of the Secretary
of State to submit a report under subsection (a) shall terminate when
the Secretary of State submits a certification pursuant to subsection
(a)(1).
(c) GAO Review of Certification.--If the Secretary of Homeland
Security and the Secretary of State both submit certifications pursuant
to subsection (a)(1), not later than 30 days after the submission of
such certifications, the Comptroller General shall submit to the
relevant congressional committees a report on whether the
recommendations described in subsection (a) have been implemented and
whether the policy goals described in subsection (a) have been
achieved.
(d) Watch List.--The Comptroller General shall submit to the
relevant congressional committees a report assessing the sharing of the
consolidated and integrated terrorist watch list maintained by the
Federal Government with countries designated to participate in the visa
waiver program established under section 217 of the Immigration and
Nationality Act (8 U.S.C. 1187).
(e) Fingerprinting in Domestic and Foreign Passports.--
(1) Use in united states passports.--
(A) In general.--Section 215(b) of the Immigration
and Nationality Act (8 U.S.C. 1185(b)) is amended by
inserting after ``passport'' the following: ``that
contains the fingerprints of the citizen involved''.
(B) Effective date.--The amendment made by
subparagraph (A) shall apply to passports issued on or
after the date that is 90 days after the date of the
enactment of this Act.
(2) Use in foreign passports.--
(A) In general.--Section 212(a)(7) of such Act (8
U.S.C. 1182(a)(7)) is amended by adding at the end the
following new subparagraph:
``(C) Requirement for fingerprints on passports.--
No passport of an alien shall be considered valid for
purposes of subparagraph (A) or (B) unless the passport
contains the fingerprints of the alien.''.
(B) Effective date.--The amendment made by
subparagraph (A) shall apply to aliens applying for
admission to the United States on or after the date
that is 90 days after the date of the enactment of this
Act.
(f) Relevant Congressional Committees.--For purposes of this
section, the term ``relevant congressional committees'' means the the
following:
(1) The Committee on Homeland Security of the House of
Representatives.
(2) The Committee on Government Reform of the House of
Representatives.
(3) The Committee on the International Relations of the
House of Representatives.
(4) The Committee on the Judiciary of the House of
Representatives.
(5) The Committee on Homeland Security and Governmental
Affairs of the Senate.
(6) The Committee on the Judiciary of the Senate.
(7) The Committee on Foreign Relations of the Senate.
SEC. 135. STANDARDIZATION OF SECURE IDENTIFICATION.
(a) Report; Certification.--Not later than 30 days after the date
of the enactment of this Act, and every 30 days thereafter, the
Secretary of Homeland Security and the Secretary of Health and Human
Services shall each submit to the relevant congressional committees a
report on the recommendations of the 9/11 Commission and the policy
goals of the Intelligence Reform and Terrorism Prevention Act of 2004
(Public Law 108-458) with respect to the establishment of
standardization of secure identification. Each such report shall
include--
(1) a certification that such recommendations have been
implemented and such policy goals have been achieved; or
(2) if either the Secretary of Homeland Security or the
Secretary of Health and Human Services is unable to make the
certification described in paragraph (1), a description of--
(A) the steps taken to implement such
recommendations and achieve such policy goals;
(B) when such recommendations are expected to be
implemented and such policy goals to be achieved; and
(C) any allocation of resources or other actions by
Congress the Secretary considers necessary to implement
such recommendations and achieve such policy goals.
(b) Termination of Duty to Report.--The duty to submit a report
under subsection (a) shall terminate--
(1) for the Secretary of Homeland Security, when the
Secretary of Homeland Security submits a certification pursuant
to subsection (a)(1); and
(2) for the Secretary of Health and Human Services, when
the Secretary of Health and Human Services submits a
certification pursuant to subsection (a)(1).
(c) GAO Review of Certification.--If the Secretary of Homeland
Security and the Secretary of Health and Human Services submit
certifications pursuant to subsection (a)(1), not later than 30 days
after the submission of such certifications, the Comptroller General
shall submit to the relevant congressional committees a report on
whether the recommendations described in subsection (a) have been
implemented and whether the policy goals described in subsection (a)
have been achieved.
(d) Relevant Congressional Committees.--For purposes of this
section, the term ``relevant congressional committees'' means the the
following:
(1) The Committee on Homeland Security of the House of
Representatives.
(2) The Committee on Government Reform of the House of
Representatives.
(3) The Committee on the Judiciary of the House of
Representatives.
(4) The Committee on Ways and Means of the House of
Representatives.
(5) The Committee on Finance of the Senate.
(6) The Committee on Homeland Security and Governmental
Affairs of the Senate.
SEC. 136. SECURITY ENHANCEMENTS FOR SOCIAL SECURITY CARDS.
(a) Report; Certification.--Not later than 30 days after the date
of the enactment of this Act, and every 30 days thereafter, the
Commissioner of Social Security shall submit to the relevant
congressional committees a report on the recommendations of the 9/11
Commission and the policy goals of the Intelligence Reform and
Terrorism Prevention Act of 2004 (Public Law 108-458) with respect to
security enhancements for social security cards and the implementation
of section 205(c)(2)(C)(iv)(II) of the Social Security Act (42 U.S.C.
405(c)(2)(C)(iv)(II)) (as added by section 7214 of the Intelligence
Reform and Terrorism Prevention Act of 2004 (Public Law 108-458)). Each
such report shall include--
(1) a certification that such recommendations have been
implemented and such policy goals have been achieved; or
(2) if the Commissioner of Social Security is unable to
make the certification described in paragraph (1), a
description of--
(A) the steps taken to implement such
recommendations and achieve such policy goals;
(B) when such recommendations are expected to be
implemented and such policy goals to be achieved; and
(C) any allocation of resources or other actions by
Congress the Commissioner considers necessary to
implement such recommendations and achieve such policy
goals.
(b) Termination of Duty to Report.--The duty to submit a report
under subsection (a) shall terminate when the Commissioner of Social
Security submits a certification pursuant to subsection (a)(1).
(c) GAO Review of Certification.--If the Commissioner of Social
Security submits a certification pursuant to subsection (a)(1), not
later than 30 days after the submission of such certification, the
Comptroller General shall submit to the relevant congressional
committees a report on whether the recommendations described in
subsection (a) have been implemented and whether the policy goals
described in subsection (a) have been achieved.
(d) Relevant Congressional Committees.--For purposes of this
section, the term ``relevant congressional committees'' means the the
following:
(1) The Committee on Homeland Security of the House of
Representatives.
(2) The Committee on Government Reform of the House of
Representatives.
(3) The Committee on the Judiciary of the House of
Representatives.
(4) The Committee on Ways and Means of the House of
Representatives.
(5) The Committee on Finance of the Senate.
(6) The Committee on Homeland Security and Governmental
Affairs of the Senate.
TITLE II--REFORMING THE INSTITUTIONS OF GOVERNMENT
Subtitle A--Intelligence Community
SEC. 201. REPORT ON DIRECTOR OF NATIONAL INTELLIGENCE.
(a) Report; Certification.--Not later than 30 days after the date
of the enactment of this Act, and every 30 days thereafter, the
Director of National Intelligence shall submit to the relevant
congressional committees a report on the recommendations of the 9/11
Commission and the policy goals of the Intelligence Reform and
Terrorism Prevention Act of 2004 (Public Law 108-458) with respect to
the Director of National Intelligence. Such report shall include--
(1) a certification by the Director of National
Intelligence that such recommendations have been implemented
and such policy goals have been achieved; or
(2) if the Director of National Intelligence is unable to
make the certification described in paragraph (1), a
description of--
(A) the steps taken to implement such
recommendations and achieve such policy goals;
(B) when the Director of National Intelligence
expects such recommendations to be implemented and such
policy goals to be achieved; and
(C) any allocation of resources or other actions by
Congress the Director considers necessary to implement
such recommendations and achieve such policy goals.
(b) Termination of Duty to Report.--The duty to submit a report
under subsection (a) shall terminate when the Director of National
Intelligence submits a certification pursuant to subsection (a)(1).
(c) GAO Review of Certification.--If the Director of National
Intelligence submits a certification pursuant to subsection (a)(1), not
later than 30 days after the submission of such certification, the
Comptroller General shall submit to the relevant congressional
committees a report on whether the recommendations described in
subsection (a) have been implemented and whether the policy goals
described in subsection (a) have been achieved.
(d) GAO Report on DNI Exercise of Authority.--
(1) Annual report.--Not later than 90 days after the date
of the enactment of this Act, and annually thereafter, the
Comptroller General shall submit to the relevant congressional
committees a report on whether--
(A) the Director of National Intelligence has been
able to properly exercise the authority of the Office
of the Director of National Intelligence, including
budget and personnel authority; and
(B) information sharing among the intelligence
community is a high priority.
(2) Termination.--The duty to submit a report under
paragraph (1) shall terminate when the Comptroller General
certifies to the relevant congressional committees that the
recommendations of the 9/11 Commission and the policy goals of
the Intelligence Reform and Terrorism Prevention Act of 2004
(Public Law 108-458) with respect to the Director of National
Intelligence have been achieved.
SEC. 202. REPORT ON NATIONAL COUNTERTERRORISM CENTER.
(a) Report; Certification.--Not later than 30 days after the date
of the enactment of this Act, and every 30 days thereafter, the
Director of National Intelligence shall submit to the relevant
congressional committees a report on the recommendations of the 9/11
Commission and the policy goals of the Intelligence Reform and
Terrorism Prevention Act of 2004 (Public Law 108-458) with respect to
the establishment of a National Counterterrorism Center. Such report
shall include--
(1) a certification by the Director of National
Intelligence that such recommendations have been implemented
and such policy goals have been achieved; or
(2) if the Director of National Intelligence is unable to
make the certification described in paragraph (1), a
description of--
(A) the steps taken to implement such
recommendations and achieve such policy goals;
(B) when the Director of National Intelligence
expects such recommendations to be implemented and such
policy goals to be achieved; and
(C) any allocation of resources or other actions by
Congress the Director considers necessary to implement
such recommendations and achieve such policy goals.
(b) Termination of Duty to Report.--The duty to submit a report
under subsection (a) shall terminate when the Director of National
Intelligence submits a certification pursuant to subsection (a)(1).
(c) GAO Review of Certification.--If the Director of National
Intelligence submits a certification pursuant to subsection (a)(1), not
later than 30 days after the submission of such certification, the
Comptroller General shall submit to the relevant congressional
committees a report on whether the recommendations described in
subsection (a) have been implemented and whether the policy goals
described in subsection (a) have been achieved.
SEC. 203. REPORT ON CREATION OF A FEDERAL BUREAU OF INVESTIGATION
NATIONAL SECURITY WORKFORCE.
(a) Report; Certification.--Not later than 30 days after the date
of the enactment of this Act, and every 30 days thereafter, the
Director of the Federal Bureau of Investigation shall submit to the
relevant congressional committees a report on the recommendations of
the 9/11 Commission and the policy goals of the Intelligence Reform and
Terrorism Prevention Act of 2004 (Public Law 108-458) with respect to
the creation of a Federal Bureau of Investigation national security
workforce. Such report shall include--
(1) a certification by the Director of the Federal Bureau
of Investigation that such recommendations have been
implemented and such policy goals have been achieved; or
(2) if the Director of the Federal Bureau of Investigation
is unable to make the certification described in paragraph (1),
a description of--
(A) the steps taken to implement such
recommendations and achieve such policy goals;
(B) when the Director of the Federal Bureau of
Investigation expects such recommendations to be
implemented and such policy goals to be achieved; and
(C) any allocation of resources or other actions by
Congress the Director of the Federal Bureau of
Investigation considers necessary to implement such
recommendations and achieve such policy goals.
(b) Termination of Duty to Report.--The duty to submit a report
under subsection (a) shall terminate when the Director of the Federal
Bureau of Investigation submits a certification pursuant to subsection
(a)(1).
(c) GAO Review of Certification.--If the Director of the Federal
Bureau of Investigation submits a certification pursuant to subsection
(a)(1), not later than 30 days after the submission of such
certification, the Comptroller General shall submit to the relevant
congressional committees a report on whether the recommendations
described in subsection (a) have been implemented and whether the
policy goals described in subsection (a) have been achieved.
(d) GAO Report on Creation of FBI National Security Workforce.--
(1) Annual report.--Not later than 90 days after the date
of the enactment of this Act, and annually thereafter, the
Comptroller General shall submit to the relevant congressional
committees a report on whether--
(A) there is a sense of urgency within the Federal
Bureau of Investigation to create a national security
workforce to carry out the domestic counterterrorism
mission of the Federal Bureau of Investigation;
(B) the Federal Bureau of Investigation is on track
to create such a workforce; and
(C) the culture of the Federal Bureau of
Investigation allows the Federal Bureau of
Investigation to meet its new challenges and succeed in
its counterterrorism role.
(2) Termination.--The duty to submit a report under
paragraph (1) shall terminate when the Comptroller General
certifies to the relevant congressional committees that the
recommendations of the 9/11 Commission and the policy goals of
the Intelligence Reform and Terrorism Prevention Act of 2004
(Public Law 108-458) with respect to the creation of a Federal
Bureau of Investigation national security workforce have been
achieved.
SEC. 204. REPORT ON NEW MISSIONS FOR THE DIRECTOR OF THE CENTRAL
INTELLIGENCE AGENCY.
(a) Report; Certification.--Not later than 30 days after the date
of the enactment of this Act, and every 30 days thereafter, the
Director of National Intelligence shall submit to the relevant
congressional committees a report on the recommendations of the 9/11
Commission and the policy goals of the Intelligence Reform and
Terrorism Prevention Act of 2004 (Public Law 108-458) with respect to
the new mission of the Director of the Central Intelligence Agency.
Such report shall include--
(1) a certification by the Director of National
Intelligence that such recommendations have been implemented
and such policy goals have been achieved; or
(2) if the Director of National Intelligence is unable to
make the certification described in paragraph (1), a
description of--
(A) the steps taken to implement such
recommendations and achieve such policy goals;
(B) when the Director of National Intelligence
expects such recommendations to be implemented and such
policy goals to be achieved; and
(C) any allocation of resources or other actions by
Congress the Director considers necessary to implement
such recommendations and achieve such policy goals.
(b) Termination of Duty to Report.--The duty to submit a report
under subsection (a) shall terminate when the Director of National
Intelligence submits a certification pursuant to subsection (a)(1).
(c) GAO Review of Certification.--If the Director of National
Intelligence submits a certification pursuant to subsection (a)(1), not
later than 30 days after the submission of such certification, the
Comptroller General shall submit to the relevant congressional
committees a report on whether the recommendations described in
subsection (a) have been implemented and whether the policy goals
described in subsection (a) have been achieved.
(d) GAO Report on Director of the Central Intelligence Agency.--
(1) Annual report.--Not later than 90 days after the date
of the enactment of this Act, and annually thereafter, the
Comptroller General shall submit to the relevant congressional
committees a report on whether the Director of the Central
Intelligence Agency has strong, determined leadership committed
to accelerating the pace of the reforms underway.
(2) Termination.--The duty to submit a report under
paragraph (1) shall terminate when the Comptroller General
certifies to the relevant congressional committees that the
recommendations of the 9/11 Commission and the policy goals of
the Intelligence Reform and Terrorism Prevention Act of 2004
(Public Law 108-458) with respect to the Director of the
Central Intelligence Agency have been achieved.
(e) Sense of Congress.--It is the sense of Congress that Congress
and the leadership of the Central Intelligence Agency should--
(1) regularly evaluate the effectiveness of the national
clandestine service structure to determine if it improves
coordination of human intelligence collection operations and
produces better intelligence results; and
(2) address morale and personnel issues at the Central
Intelligence Agency to ensure the Central Intelligence Agency
remains an effective arm of national power.
SEC. 205. REPORT ON INCENTIVES FOR INFORMATION SHARING.
(a) Report; Certification.--Not later than 30 days after the date
of the enactment of this Act, and every 30 days thereafter, the
Director of the Office of Management and Budget, in consultation with
the Director of National Intelligence, shall submit to the relevant
congressional committees a report on the recommendations of the 9/11
Commission and the policy goals of the Intelligence Reform and
Terrorism Prevention Act of 2004 (Public Law 108-458) with respect to
the creation of incentives for information sharing across the Federal
Government and with State and local authorities. Such report shall
include--
(1) a certification by the Director of the Office of
Management and Budget that such recommendations have been
implemented and such policy goals have been achieved; or
(2) if the Director of the Office of Management and Budget
is unable to make the certification described in paragraph (1),
a description of--
(A) the steps taken to implement such
recommendations and achieve such policy goals;
(B) when the Director of National Intelligence
expects such recommendations to be implemented and such
policy goals to be achieved; and
(C) any allocation of resources or other actions by
Congress the Director considers necessary to implement
such recommendations and achieve such policy goals.
(b) Termination of Duty to Report.--The duty to submit a report
under subsection (a) shall terminate when the Director of the Office of
Management and Budget submits a certification pursuant to subsection
(a)(1).
(c) GAO Review of Certification.--If the Director of the Office of
Management and Budget submits a certification pursuant to subsection
(a)(1), not later than 30 days after the submission of such
certification, the Comptroller General shall submit to the relevant
congressional committees a report on whether the recommendations
described in subsection (a) have been implemented and whether the
policy goals described in subsection (a) have been achieved.
SEC. 206. REPORT ON PRESIDENTIAL LEADERSHIP OF NATIONAL SECURITY
INSTITUTIONS IN THE INFORMATION REVOLUTION.
(a) Report; Certification.--Not later than 30 days after the date
of the enactment of this Act, and every 30 days thereafter, the
Director of the Office of Management and Budget, in consultation with
the Director of National Intelligence, shall submit to the relevant
congressional committees a report on the recommendations of the 9/11
Commission and the policy goals of the Intelligence Reform and
Terrorism Prevention Act of 2004 (Public Law 108-458) with respect to
the leadership of the President of national security institutions into
the information revolution. Such report shall include--
(1) a certification by the Director of the Office of
Management and Budget that such recommendations have been
implemented and such policy goals have been achieved; or
(2) if the Director of the Office of Management and Budget
is unable to make the certification described in paragraph (1),
a description of--
(A) the steps taken to implement such
recommendations and achieve such policy goals;
(B) when the Director of the Office of Management
and Budget expects such recommendations to be
implemented and such policy goals to be achieved; and
(C) any allocation of resources or other actions by
Congress the Director considers necessary to implement
such recommendations and achieve such policy goals.
(b) Termination of Duty to Report.--The duty to submit a report
under subsection (a) shall terminate when the Director of the Office of
Management and Budget submits a certification pursuant to subsection
(a)(1).
(c) GAO Review of Certification.--If the Director of the Office of
Management and Budget submits a certification pursuant to subsection
(a)(1), not later than 30 days after the submission of such
certification, the Comptroller General shall submit to the relevant
congressional committees a report on whether the recommendations
described in subsection (a) have been implemented and whether the
policy goals described in subsection (a) have been achieved.
(d) GAO Report on Information Systems.--
(1) Annual report.--Not later than 90 days after the date
of the enactment of this Act, and annually thereafter, the
Comptroller General shall submit to the relevant congressional
committees a report on whether the intelligence community has
the resources and Presidential support to change information
systems to enable information sharing, policies and procedures
that compel sharing, and systems of performance evaluation to
inform personnel on how well they carry out information
sharing.
(2) Termination.--The duty to submit a report under
paragraph (1) shall terminate when the Comptroller General
certifies to the relevant congressional committees that the
recommendations of the 9/11 Commission and the policy goals of
the Intelligence Reform and Terrorism Prevention Act of 2004
(Public Law 108-458) with respect to the leadership of the
President of national security institutions into the
information revolution have been achieved.
SEC. 207. HOMELAND AIRSPACE DEFENSE.
(a) Certification.--Not later than 30 days after the date of the
enactment of this Act, and every 30 days thereafter, the Secretary of
Homeland Security and the Secretary of Defense shall each submit to the
specified congressional committees a certification as to whether the
Federal Government has implemented the policy goals of the Intelligence
Reform and Terrorism Prevention Act of 2004 (Public Law 108-458) and
the recommendations of the National Commission on Terrorist Attacks
Upon the United States regarding homeland and airspace defense. Each
Secretary shall include with such certification recommendations if
further congressional action is necessary. If a Secretary is unable to
certify the goal in the first sentence, the Secretary shall report to
the specified committees what steps have been taken towards
implementation, when implementation can reasonably be expected to be
completed, and whether additional resources or actions from the
Congress are required for implementation.
(b) Comptroller General Report.--Within 30 days of the submission
of both certifications under subsection (a), the Comptroller General of
the United States shall submit to the specified congressional
committees a report verifying that the policy referred to in that
subsection has in fact been implemented and recommendations of any
additional congressional action necessary to implement the goals
referred to in that subsection.
(c) Specified Congressional Committees.--For purposes of this
section, the term ``specified congressional committees'' means--
(1) the Committee on Homeland Security, the Committee on
Government Reform, and the Committee on Transportation and
Infrastructure of the House of Representatives; and
(2) the Committee of Homeland Security and Governmental
Affairs and the Committee on Environment and Public Works of
the Senate.
SEC. 208. SEMIANNUAL REPORT ON PLANS AND STRATEGIES OF UNITED STATES
NORTHERN COMMAND FOR DEFENSE OF THE UNITED STATES
HOMELAND.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress makes
the following findings:
(1) The primary responsibility for national defense is with
the Department of Defense and the secondary responsibility for
national defense is with the Department of Homeland Security,
and the two departments must have clear delineations of
responsibility.
(2) Before September 11, 2001, the North American Aerospace
Defense Command, which had responsibility for defending United
States airspace on September 11, 2001--
(A) focused on threats coming from outside the
borders of the United States; and
(B) had not increased its focus on terrorism within
the United States, even though the intelligence
community had gathered intelligence on the possibility
that terrorists might turn to hijacking and even the
use of airplanes as missiles within the United States.
(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 Congress that--
(1) the Secretary of Defense should regularly assess the
adequacy of the plans and strategies of the United States
Northern Command with a view to ensuring that the United States
Northern Command is prepared to respond effectively to all
military and paramilitary 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 those
plans and strategies.
(c) Semiannual Report.--Not later than 90 days after the date of
the enactment of this Act, and every 180 days thereafter, the Secretary
of Defense shall submit to the Committee on Armed Services of the
Senate and the Committee on Armed Services of the House of
Representatives a report describing the plans and strategies of the
United States Northern Command to defend the United States against
military and paramilitary threats within the United States.
SEC. 209. RELEVANT CONGRESSIONAL COMMITTEES DEFINED.
In this subtitle, the term ``relevant congressional committees''
means the Committee on Homeland Security, the Committee on Government
Reform, and the Permanent Select Committee on Intelligence of the House
of Representatives and the Committee on Homeland Security and
Government Affairs and the Select Committee on Intelligence of the
Senate.
Subtitle B--Civil Liberties and Executive Power
SEC. 211. REPORT ON THE BALANCE BETWEEN SECURITY AND CIVIL LIBERTIES.
(a) Report; Certification.--Not later than 30 days after the date
of the enactment of this Act, and every 30 days thereafter, the
Attorney General shall submit to the relevant congressional committees
a report on the recommendations of the 9/11 Commission and the policy
goals of the Intelligence Reform and Terrorism Prevention Act of 2004
(Public Law 108-458) with respect to the balance between security and
civil liberties. Such report shall include--
(1) a certification by the Attorney General that such
recommendations have been implemented and such policy goals
have been achieved; or
(2) if the Attorney General is unable to make the
certification described in paragraph (1), a description of--
(A) the steps taken to implement such
recommendations and achieve such policy goals;
(B) when the Attorney General expects such
recommendations to be implemented and such policy goals
to be achieved; and
(C) any allocation of resources or other actions by
Congress the Attorney General considers necessary to
implement such recommendations and achieve such policy
goals.
(b) Termination of Duty to Report.--The duty to submit a report
under subsection (a) shall terminate when the Attorney General submits
a certification pursuant to subsection (a)(1).
(c) GAO Review of Certification.--If the Attorney General submits a
certification pursuant to subsection (a)(1), not later than 30 days
after the submission of such certification, the Comptroller General
shall submit to the relevant congressional committees a report on
whether the recommendations described in subsection (a) have been
implemented and whether the policy goals described in subsection (a)
have been achieved.
SEC. 212. PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD.
(a) Short Title.--This section may be cited as the ``9/11
Commission Civil Liberties Board Act''.
(b) Findings.--Congress finds the following:
(1) On July 22, 2004 the National Commission on Terrorist
Attacks Upon the United States issued a report that included 41
specific recommendations to help prevent future terrorist
attacks, including details of a global strategy and government
reorganization necessary to implement that strategy.
(2) One of the recommendations focused on the protections
of civil liberties. Specifically the following recommendation
was made: ``At this time of increased and consolidated
government authority, there should be a board within the
executive branch to oversee adherence to the guidelines we
recommend and the commitment the government makes to defend our
civil liberties.''.
(3) The report also states that ``the choice between
security and liberty is a false choice, as nothing is more
likely to endanger America's liberties than the success of a
terrorist attack at home. Our History has shown that the
insecurity threatens liberty at home. Yet if our liberties are
curtailed, we lose the values that we are struggling to
defend.''.
(4) On December 17, 2004, Public Law 108-458, the National
Intelligence Reform Act, was signed into law. This law created
a civil liberties board that does not have the authority
necessary to protect civil liberties.
(5) The establishment and adequate funding of a Privacy and
Civil Liberties Oversight Board was a crucial recommendation
made by the 9/11 Commission.
(6) In its Final Report on 9/11 Commission Recommendations,
the Commission noted ``very little urgency'' and
``insufficient'' funding as it relates to the establishment of
the Privacy and Civil Liberties Oversight Board.
(7) While the President's budget submission for fiscal year
2006 included $750,000 for the Privacy and Civil Liberties
Oversight Board, the President's budget submission for fiscal
year 2007 does not contain a funding line for the Board.
(c) Making the Privacy and Civil Liberties Oversight Board
Independent.--Section 1061(b) of the Intelligence Reform and Terrorism
Prevention Act of 2004 is amended by striking ``within the Executive
Office of the President'' and inserting ``as an independent agency
within the Executive branch''.
(d) Requiring All Members of the Privacy and Civil Liberties
Oversight Board Be Confirmed by the Senate.--Subsection (e) of section
1061 of the Intelligence Reform and Terrorism Prevention Act of 2004 is
amended to read as follows:
``(e) Membership.--
``(1) Members.--The Board shall be composed of a full-time
chairman and 4 additional members, who shall be appointed by
the President, by and with the advice and consent of the
Senate.
``(2) Qualifications.--Members of the Board shall be
selected solely on the basis of their professional
qualifications, achievements, public stature, expertise in
civil liberties and privacy, and relevant experience, and
without regard to political affiliation, but in no event shall
more than 3 members of the Board be members of the same
political party. The President shall, before appointing an
individual who is not a member of the same political party as
the President consult with the leadership of that party, if
any, in the Senate and House of Representatives.
``(3) Incompatible office.--An individual appointed to the
Board may not, while serving on the Board, be an elected
official, officer, or employee of the Federal Government, other
than in the capacity as a member of the Board.
``(4) Term.--Each member of the Board shall serve a term of
six years, except that--
``(A) a member appointed to a term of office after
the commencement of such term may serve under such
appointment only for the remainder of such term;
``(B) upon the expiration of the term of office of
a member, the member shall continue to serve until the
member's successor has been appointed and qualified,
except that no member may serve under this
subparagraph--
``(i) for more than 60 days when Congress
is in session unless a nomination to fill the
vacancy shall have been submitted to the
Senate; or
``(ii) after the adjournment sine die of
the session of the Senate in which such
nomination is submitted; and
``(C) the members initially appointed under this
subsection shall serve terms of two, three, four, five,
and six years, respectively, from the effective date of
this Act, with the term of each such member to be
designated by the President.
``(5) Quorum and meetings.--The Board shall meet upon the
call of the chairman or a majority of its members. Three
members of the Board shall constitute a quorum.''.
(e) Subpoena Power for the Privacy and Civil Liberties Oversight
Board.--Section 1061(d) of the Intelligence Reform and Terrorism
Prevention Act of 2004 is amended--
(1) so that subparagraph (D) of paragraph (1) reads as
follows:
``(D) require, by subpoena issued at the direction
of a majority of the members of the Board, persons
(other than departments, agencies, and elements of the
executive branch) to produce any relevant information,
documents, reports, answers, records, accounts, papers,
and other documentary or testimonial evidence.''; and
(2) so that paragraph (2) reads as follows:
``(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 subpoenaed person resides, is served, or may be found may
issue an order requiring such person to produce the evidence
required by such subpoena.''.
(f) Reporting Requirements.--
(1) Duties of board.--Paragraph (4) of section 1061(c) of
the Intelligence Reform and Terrorism Prevention Act of 2004 is
amended to read as follows:
``(4) Reports.--
``(A) Receipt, review, and submission.--
``(i) In general.--The Board shall--
``(I) receive and review reports
from privacy officers and civil
liberties officers described in section
212; and
``(II) periodically submit, not
less than semiannually, reports to the
appropriate committees of Congress,
including the Committees on the
Judiciary of the Senate and the House
of Representatives, the Committee on
Homeland Security and Governmental
Affairs of the Senate, the Committee on
Government Reform of the House of
Representatives, the Select Committee
on Intelligence of the Senate, and the
Permanent Select Committee on
Intelligence of the House of
Representatives, and to the President.
Such reports shall be in unclassified form to
the greatest extent possible, with a classified
annex where necessary.
``(ii) Contents.--Not less than 2 reports
the Board submits each year under clause
(i)(II) shall include--
``(I) a description of the major
activities of the Board during the
preceding period;
``(II) information on the findings,
conclusions, and recommendations of the
Board resulting from its advice and
oversight functions under subsection
(c);
``(III) the minority views on any
findings, conclusions, and
recommendations of the Board resulting
from its advice and oversight functions
under subsection (c); and
``(IV) each proposal reviewed by
the Board under subsection (c)(1) that
the Board advised against implementing,
but that notwithstanding such advice,
was implemented.
``(B) Informing the public.--The Board shall--
``(i) make its reports, including its
reports to Congress, available to the public to
the greatest extent that is consistent with the
protection of classified information and
applicable law; and
``(ii) hold public hearings and otherwise
inform the public of its activities, as
appropriate and in a manner consistent with the
protection of classified information and
applicable law.''.
(2) Privacy and civil liberties officers.--Section 1062 of
the Intelligence Reform and Terrorism Prevention Act of 2004 is
amended to read as follows:
``SEC. 1062. PRIVACY AND CIVIL LIBERTIES OFFICERS.
``(a) Designation and Functions.--The Attorney General, the
Secretary of Defense, the Secretary of State, the Secretary of the
Treasury, the Secretary of Health and Human Services, the Secretary of
Homeland Security, the National Intelligence Director, the Director of
the Central Intelligence Agency, any other entity within the
intelligence community (as defined in section 3 of the National
Security Act of 1947 (50 U.S.C. 401a)), and the head of any other
department, agency, or element of the executive branch 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 head of such department, agency, or
element and other officials of such department, agency, or
element in appropriately considering privacy and civil
liberties concerns when such officials are proposing,
developing, or implementing laws, regulations, policies,
procedures, or guidelines related to efforts to protect the
Nation against terrorism;
``(2) periodically investigate and review department,
agency, or element actions, policies, procedures, guidelines,
and related laws and their implementation to ensure that such
department, agency, or element is adequately considering
privacy and civil liberties in its actions;
``(3) ensure that such department, agency, or element has
adequate procedures to receive, investigate, respond to, and
redress complaints from individuals who allege such department,
agency, or element 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 such department, agency, or element has established--
``(A) that the power actually enhances security and
the need for the power is balanced with the need to
protect privacy and civil liberties;
``(B) that there is adequate supervision of the use
by such department, agency, or element of the power to
ensure protection of privacy and civil liberties; and
``(C) that there are adequate guidelines and
oversight to properly confine its use.
``(b) Exception to Designation Authority.--
``(1) Privacy officers.--In any department, agency, or
element referred to in subsection (a) or designated by the
Board, which has a statutorily created privacy officer, such
officer shall perform the functions specified in subsection (a)
with respect to privacy.
``(2) Civil liberties officers.--In any department, agency,
or element referred to in subsection (a) or designated by the
Board, which has a statutorily created civil liberties officer,
such officer shall perform the functions specified in
subsection (a) with respect to civil liberties.
``(c) Supervision and Coordination.--Each privacy officer or civil
liberties officer described in subsection (a) or (b) shall--
``(1) report directly to the head of the department,
agency, or element concerned; and
``(2) coordinate their activities with the Inspector
General of such department, agency, or element to avoid
duplication of effort.
``(d) Agency Cooperation.--The head of each department, agency, or
element shall ensure that each privacy officer and civil liberties
officer--
``(1) has the information, material, and resources
necessary to fulfill the functions of such officer;
``(2) is advised of proposed policy changes;
``(3) is consulted by decisionmakers; and
``(4) is given access to material and personnel the officer
determines to be necessary to carry out the functions of such
officer.
``(e) Reprisal for Making Complaint.--No action constituting a
reprisal, or threat of reprisal, for making a complaint or for
disclosing information to a privacy officer or civil liberties officer
described in subsection (a) or (b), or to the Privacy and Civil
Liberties Oversight Board, that indicates a possible violation of
privacy protections or civil liberties in the administration of the
programs and operations of the Federal Government relating to efforts
to protect the Nation from terrorism shall be taken by any Federal
employee in a position to take such action, unless the complaint was
made or the information was disclosed with the knowledge that it was
false or with willful disregard for its truth or falsity.
``(f) Periodic Reports.--
``(1) In general.--The privacy officers and civil liberties
officers of each department, agency, or element referred to or
described in subsection (a) or (b) shall periodically, but not
less than quarterly, submit a report on the activities of such
officers--
``(A)(i) to the appropriate committees of Congress,
including the Committees on the Judiciary of the Senate
and the House of Representatives, the Committee on
Homeland Security and Governmental Affairs of the
Senate, the Committee on Government Reform of the House
of Representatives, the Select Committee on
Intelligence of the Senate, and the Permanent Select
Committee on Intelligence of the House of
Representatives;
``(ii) to the head of such department, agency, or
element; and
``(iii) to the Privacy and Civil Liberties
Oversight Board; and
``(B) which shall be in unclassified form to the
greatest extent possible, with a classified annex where
necessary.
``(2) Contents.--Each report submitted under paragraph (1)
shall include information on the discharge of each of the
functions of the officer concerned, including--
``(A) information on the number and types of
reviews undertaken;
``(B) the type of advice provided and the response
given to such advice;
``(C) the number and nature of the complaints
received by the department, agency, or element
concerned for alleged violations; and
``(D) a summary of the disposition of such
complaints, the reviews and inquiries conducted, and
the impact of the activities of such officer.
``(g) Informing the Public.--Each privacy officer and civil
liberties officer shall--
``(1) make the reports of such officer, including reports
to Congress, available to the public to the greatest extent
that is consistent with the protection of classified
information and applicable law; and
``(2) otherwise inform the public of the activities of such
officer, as appropriate and in a manner consistent with the
protection of classified information and applicable law.
``(h) Savings Clause.--Nothing in this section shall be construed
to limit or otherwise supplant any other authorities or
responsibilities provided by law to privacy officers or civil liberties
officers.
``(i) Protections for Human Research Subjects.--The Secretary of
Homeland Security shall ensure that the Department of Homeland Security
complies with the protections for human research subjects, as described
in part 46 of title 45, Code of Federal Regulations, or in equivalent
regulations as promulgated by such Secretary, with respect to research
that is conducted or supported by such Department.''.
(g) Inclusion in President's Budget Submission to Congress.--
Section 1105(a) of title 31, United States Code, is amended by adding
at the end the following new paragraph:
``(36) a separate statement of the amount of appropriations
requested for the Privacy and Civil Liberties Oversight
Board.''.
(h) Report; Certification.--
(1) Report.--Not later than 30 days after the date of the
enactment of this Act, and every 30 days thereafter, the
Attorney General shall submit to the relevant congressional
committees a report on on the extent to which the
Administration has achieved and implemented the policy goals of
Public Law 108-458 and the recommendations of the 9/11
Commission regarding the implementation of the Privacy and
Civil Liberties Oversight Board. Such report shall include--
(A) a certification by the Attorney General that
such recommendations have been implemented and such
policy goals have been achieved; or
(B) if the Attorney General is unable to make the
certification described in subparagraph (A), a
description of--
(i) the steps taken to implement such
recommendations and achieve such policy goals;
(ii) when the Attorney General expects such
recommendations to be implemented and such
policy goals to be achieved; and
(iii) any allocation of resources or other
actions by Congress the Attorney General
considers necessary to implement such
recommendations and achieve such policy goals.
(2) Termination of duty to report.--The duty to submit a
report under paragraph (1) shall terminate when the Attorney
General submits a certification pursuant to paragraph (1)(A).
(3) GAO review of certification.--If the Attorney General
submits a certification pursuant to paragraph (1), not later
than 30 days after the submission of such certification, the
Comptroller General shall submit to the relevant congressional
committees a report on whether the recommendations described in
paragraph (1) have been implemented and whether the policy
goals described in paragraph (1) have been achieved.
SEC. 213. SET PRIVACY GUIDELINES FOR GOVERNMENT SHARING OF PERSONAL
INFORMATION.
(a) Report.--Not later than 30 days after the date of the enactment
of this Act, and every 30 days thereafter, the Attorney General shall
submit to the relevant congressional committees a report on on the
extent to which the Administration has achieved and implemented the
policy goals of Public Law 108-458 and the recommendations of the 9/11
Commission regarding the privacy guidelines for government sharing of
personal information. Such report shall include--
(1) a certification by the Attorney General that such
recommendations have been implemented and such policy goals
have been achieved; or
(2) if the Attorney General is unable to make the
certification described in paragraph (1), a description of--
(A) the steps taken to implement such
recommendations and achieve such policy goals;
(B) when the Attorney General expects such
recommendations to be implemented and such policy goals
to be achieved; and
(C) any allocation of resources or other actions by
Congress the Attorney General considers necessary to
implement such recommendations and achieve such policy
goals.
(b) Termination of Duty to Report.--The duty to submit a report
under subsection (a) shall terminate when the Attorney General submits
a certification pursuant to subsection (a)(1).
(c) GAO Review of Certification.--If the Attorney General submits a
certification pursuant to subsection (a), not later than 30 days after
the submission of such certification, the Comptroller General shall
submit to the relevant congressional committees a report on whether the
recommendations described in paragraph (1) have been implemented and
whether the policy goals described in subsection (A) have been
achieved.
SEC. 214. DEFINITION OF RELEVANT CONGRESSIONAL COMMITTEES FOR SUBTITLE.
As used in this subtitle, the term ``relevant committees'' means
the Committee on Homeland Security of the House of Representatives, the
Committee on Government Reform of the House of Representatives, the
Committee on Homeland Security and Governmental Affairs of the Senate,
the Committees on the Judiciary of the Senate and House of
Representatives, the Select Committee on Intelligence of the Senate,
and the Permanent Select Committee on Intelligence of the House of
Representatives.
Subtitle C--Homeland Security Committees
CHAPTER 1--HOMELAND SECURITY REFORM IN THE HOUSE OF REPRESENTATIVES
SEC. 221. COMMITTEE ON HOMELAND SECURITY.
Clause 1 of rule X of the Rules of the House of Representatives is
amended by redesignating paragraphs (i) through (s) as paragraphs (j)
through (t), respectively, and by inserting after paragraph (h) the
following new paragraph:
``(i) Committee on Homeland Security.--
``(1) The Department of Homeland Security
``(2) Homeland security, generally.
The committee shall have exclusive jurisdiction over the matters
referred to in subparagraphs (1) and (2).''.
SEC. 222. COMMITTEE ON INTELLIGENCE.
(a) Clause 1 of rule X of the Rules of the House of Representatives
(as amended by section 301) is further amended by redesignating
paragraphs (k) through (t) as paragraphs (l) through (u), respectively,
and by inserting after paragraph (j) (as redesignated by such section)
the following new paragraph:
``(k) Committee on Intelligence.--
``(1) The Director of National Intelligence, the Central
Intelligence Agency, the Director of Central Intelligence, and
the National Foreign Intelligence Program as defined in section
3(6) of the National Security Act of 1947.
``(2) Intelligence and intelligence-related activities of
all other departments and agencies of the Government, including
the tactical intelligence and intelligence-related activities
of the Department of Defense.
``(3) The organization or reorganization of a department or
agency of the Government to the extent that the organization or
reorganization relates to a function or activity involving
intelligence or intelligence-related activities.
``(4) Authorizations for appropriations, both direct and
indirect, for the following:
``(A) The Director of National Intelligence, the
Central Intelligence Agency, the Director of Central
Intelligence, and the National Foreign Intelligence
Program as defined in section 3(6) of the National
Security Act of 1947.
``(B) Intelligence and intelligence-related
activities of all other departments and agencies of the
Government, including the tactical intelligence and
intelligence-related activities of the Department of
Defense.
``(C) A department, agency, subdivision, or program
that is a successor to an agency or program named or
referred to in subdivision (A) or (B).
The committee shall have exclusive jurisdiction over the
matters referred to in subparagraphs (1) through (4).''.
(b) Clause 4 of rule X of the Rules of the House of Representatives
is amended by adding at the end the following new paragraph:
``(g)(1) For purposes of accountability to the House, the Committee
on Intelligence shall make regular and periodic reports to the House on
the nature and extent of the intelligence and intelligence-related
activities of the various departments and agencies of the United
States. The committee shall promptly call to the attention of the
House, or to any other appropriate committee, a matter requiring the
attention of the House or another committee. In making such report, the
committee shall proceed in a manner consistent with subparagraph (7) to
protect national security.
``(2) The Committee on Intelligence shall obtain annual reports
from the Director of National Intelligence, the Director of the Central
Intelligence Agency, the Secretary of Defense, the Secretary of State,
and the Director of the Federal Bureau of Investigation. Such reports
shall review the intelligence and intelligence-related activities of
the agency or department concerned and the intelligence and
intelligence-related activities of foreign countries directed at the
United States or its interests. An unclassified version of each report
may be made available to the public at the discretion of the committee.
Nothing herein shall be construed as requiring the public disclosure in
such reports of the names of persons engaged in intelligence or
intelligence-related activities for the United States or the divulging
of intelligence methods employed or the sources of information on which
the reports are based or the amount of funds authorized to be
appropriated for intelligence and intelligence-related activities.
``(3) Within six weeks after the President submits a budget under
section 1105(a) of title 31, United States Code, or at such time as the
Committee on the Budget may request, the Committee on Intelligence
shall submit to the Committee on the Budget the views and estimates
described in section 301(d) of the Congressional Budget Act of 1974
regarding matters within the jurisdiction of the committee.
``(4)(A) Except as specified in subdivision (B), clauses 8(a), (b),
and (c) and 9(a), (b), and (c) of this rule, and clauses 1, 2, and 4 of
rule XI shall apply to the Committee on Intelligence to the extent not
inconsistent with this clause.
``(B) Notwithstanding the requirements of the first sentence of
clause 2(g)(2) of rule XI, in the presence of the number of members
required under the rules of the Committee on Intelligence for the
purpose of taking testimony or receiving evidence, the committee may
vote to close a hearing whenever a majority of those present determines
that the testimony or evidence would endanger the national security.
``(5) An employee of the Committee on Intelligence, or a person
engaged by contract or otherwise to perform services for or at the
request of the committee, may not be given access to any classified
information by the committee unless such employee or person has--
``(A) agreed in writing and under oath to be bound by the
Rules of the House, including the jurisdiction of the Committee
on Standards of Official Conduct and of the Committee on
Intelligence concerning the security of classified information
during and after the period of his employment or contractual
agreement with the committee; and
``(B) received an appropriate security clearance, as
determined by the Committee on Intelligence in consultation
with the Director of Central Intelligence, that is commensurate
with the sensitivity of the classified information to which
such employee or person will be given access by the committee.
``(6) The Committee on Intelligence shall formulate and carry out
such rules and procedures as it considers necessary to prevent the
disclosure, without the consent of each person concerned, of
information in the possession of the committee that unduly infringes on
the privacy or that violates the constitutional rights of such person.
Nothing herein shall be construed to prevent the committee from
publicly disclosing classified information in a case in which it
determines that national interest in the disclosure of classified
information clearly outweighs any infringement on the privacy of a
person.
``(7)(A) The Committee on Intelligence may disclose publicly any
information in its possession after a determination by the committee
that the public interest would be served by such disclosure. With
respect to the disclosure of information for which this subparagraph
requires action by the committee--
``(i) the committee shall meet to vote on the matter within
five days after a member of the committee requests a vote; and
``(ii) a member of the committee may not make such a
disclosure before a vote by the committee on the matter, or
after a vote by the committee on the matter except in
accordance with this subparagraph.
``(B)(i) In a case in which the Committee on Intelligence votes to
disclose publicly any information that has been classified under
established security procedures, that has been submitted to it by the
executive branch, and that the executive branch requests be kept
secret, the committee shall notify the President of such vote.
``(ii) The Committee on Intelligence may disclose publicly such
information after the expiration of a five-day period following the day
on which notice of the vote to disclose is transmitted to the President
unless, before the expiration of the five-day period, the President,
personally in writing, notifies the committee that he objects to the
disclosure of such information, provides his reasons therefor, and
certifies that the threat to the national interest of the United States
posed by the disclosure is of such gravity that it outweighs any public
interest in the disclosure.
``(iii) If the President, personally in writing, notifies the
committee of his objections to the disclosure of information as
provided in clause (ii), the committee may, by majority vote, refer the
question of the disclosure of such information, with a recommendation
thereon, to the House. The committee may not publicly disclose such
information without leave of the House.
``(iv) Whenever the committee votes to refer the question of
disclosure of any information to the House under clause (iii), the
chairman shall, not later than the first day on which the House is in
session following the day on which the vote occurs, report the matter
to the House for its consideration.
``(v) If the chairman of the committee does not offer in the House
a motion to consider in closed session a matter reported under clause
(iv) within four calendar days on which the House is in session after
the recommendation described in clause (iii) is reported, then such a
motion shall be privileged when offered by a Member, Delegate, or
Resident Commissioner. In either case such a motion shall be decided
without debate or intervening motion except one that the House adjourn.
``(vi) Upon adoption by the House of a motion to resolve into
closed session as described in clause (v), the Speaker may declare a
recess subject to the call of the Chair. At the expiration of the
recess, the pending question, in closed session, shall be, `Shall the
House approve the recommendation of the committee?'.
``(vii) Debate on the question described in clause (vi) shall be
limited to two hours equally divided and controlled by the chairman and
ranking minority member of the committee. After such debate the
previous question shall be considered as ordered on the question of
approving the recommendation without intervening motion except one
motion that the House adjourn. The House shall vote on the question in
open session but without divulging the information with respect to
which the vote is taken. If the recommendation of the committee is not
approved, then the question is considered as recommitted to the
committee for further recommendation.
``(C)(i) Information in the possession of the Committee on
Intelligence relating to the lawful intelligence or intelligence-
related activities of a department or agency of the United States that
has been classified under established security procedures, and that the
committee has determined should not be disclosed under subdivision (A)
or (B), may not be made available to any person by a Member, Delegate,
Resident Commissioner, officer, or employee of the House except as
provided in clause (ii).
``(ii) The Committee on Intelligence shall, under such regulations
as it may prescribe, make information described in clause (i) available
to a committee or a Member, Delegate, or Resident Commissioner, and
permit a Member, Delegate, or Resident Commissioner to attend a hearing
of the committee that is closed to the public. Whenever the committee
makes such information available, it shall keep a written record
showing, in the case of particular information, which committee or
which Member, Delegate, or Resident Commissioner received the
information. A Member, Delegate, or Resident Commissioner who, and a
committee that, receives information under this clause may not disclose
the information except in a closed session of the House.
``(D) The Committee on Standards of Official Conduct shall
investigate any unauthorized disclosure of intelligence or
intelligence-related information by a Member, Delegate, Resident
Commissioner, officer, or employee of the House in violation of
subdivision (C) and report to the House concerning any allegation that
it finds to be substantiated.
``(E) Upon the request of a person who is subject to an
investigation described in subdivision (D), the Committee on Standards
of Official Conduct shall release to such person at the conclusion of
its investigation a summary of its investigation, together with its
findings. If, at the conclusion of its investigation, the Committee on
Standards of Official Conduct determines that there has been a
significant breach of confidentiality or unauthorized disclosure by a
Member, Delegate, Resident Commissioner, officer, or employee of the
House, it shall report its findings to the House and recommend
appropriate action. Recommendations may include censure, removal from
committee membership, or expulsion from the House, in the case of a
Member, or removal from office or employment or punishment for
contempt, in the case of an officer or employee.
``(F) The Committee on Intelligence may permit a personal
representative of the President, designated by the President to serve
as a liaison to the committee, to attend any closed meeting of the
committee.
``(G) Subject to the Rules of the House, funds may not be
appropriated for a fiscal year, with the exception of a bill or joint
resolution continuing appropriations, or an amendment thereto, or a
conference report thereon, to, or for use of, a department or agency of
the United States to carry out any of the following activities, unless
the funds shall previously have been authorized by a bill or joint
resolution passed by the House during the same or preceding fiscal year
to carry out such activity for such fiscal year:
``(i) The activities of the Central Intelligence Agency and
the Director of Central Intelligence.
``(ii) The activities of the Defense Intelligence Agency.
``(iii) The activities of the National Security Agency.
``(iv) The intelligence and intelligence-related activities
of other agencies and subdivisions of the Department of
Defense.
``(v) The intelligence and intelligence-related activities
of the Department of State.
``(vi) The intelligence and intelligence-related activities
of the Federal Bureau of Investigation, including all
activities of the Intelligence Division.
``(vii) The activities of the Director of National
Intelligence.
``(H)(i) In this clause, the term `intelligence and intelligence-
related activities' includes--
``(I) the collection, analysis, production, dissemination,
or use of information that relates to a foreign country, or a
government, political group, party, military force, movement,
or other association in a foreign country, and that relates to
the defense, foreign policy, national security, or related
policies of the United States and other activity in support of
the collection, analysis, production, dissemination, or use of
such information;
``(II) activities taken to counter similar activities
directed against the United States;
``(III) covert or clandestine activities affecting the
relations of the United States with a foreign government,
political group, party, military force, movement, or other
association;
``(IV) the collection, analysis, production, dissemination,
or use of information about activities of persons within the
United States, its territories and possessions, or nationals of
the United States abroad whose political and related activities
pose, or may be considered by a department, agency, bureau,
office, division, instrumentality, or employee of the United
States to pose, a threat to the internal security of the United
States; and
``(V) covert or clandestine activities directed against
persons described in (IV).
``(ii) In this clause, the term `department or agency' includes any
organization, committee, council, establishment, or office within the
Federal Government.
``(iii) For purposes of this clause, reference to a department,
agency, bureau, or subdivision shall include a reference to any
successor department, agency, bureau, or subdivision to the extent that
a successor engages in intelligence or intelligence-related activities
now conducted by the department, agency, bureau, or subdivision
referred to in this clause.
``(I) Clause 12(a) of rule XXII does not apply to meetings of a
conference committee respecting legislation (or any part thereof)
reported by the Committee on Intelligence.''.
(c) Clause 5(a) of rule X of the Rules of the House of
Representatives is amended by adding at the end the following new
subparagraph:
``(4)(A) The Committee on Intelligence shall be composed of not
more than 18 Members, Delegates, or the Resident Commissioner, of whom
not more than 10 may be from the same party. The committee shall
include at least one Member, Delegate, or the Resident Commissioner
from each of the following committees:
``(i) The Committee on Appropriations.
``(ii) The Committee on Armed Services.
``(iii) The Committee on International Relations.
``(iv) The Committee on the Judiciary.
``(B) The Speaker and the Minority Leader shall be ex officio
members of the Committee on Intelligence, but shall have no vote in the
committee and may not be counted for purposes of determining a quorum.
``(C) The Speaker and Minority Leader each may designate a member
of his leadership staff to assist him in his capacity as ex officio
member, with the same access to committee meetings, hearings,
briefings, and materials as employees of the committee and subject to
the same security clearance and confidentiality requirements as
employees of the committee under this clause.''.
SEC. 223. SUBCOMMITTEE LIMITATION ON COMMITTEE ON APPROPRIATIONS.
The second sentence of clause 5(d)(2) of rule X of the Rules of the
House of Representatives is amended by striking ``13'' and inserting
``14 (of which one is a Subcommittee on Intelligence)''.
SEC. 224. MEMBERSHIP ON COMMITTEE ON APPROPRIATIONS.
Clause 5 of rule X of the Rules of the House of Representatives is
amended by adding at the end the following new paragraph:
``(f) One-third of the members of the Committee on Intelligence
(but if such number is not an even-number divisible by three, then the
next highest even-number that is divisible by three) shall be members
of the Committee on Appropriations, of whom not more than one-half
shall be from the same party.''.
SEC. 225. CONFORMING AMENDMENTS.
(a) Clause 3(l) of rule X of the Rules of the House of
Representatives is amended by striking ``Permanent Select'' and by
striking ``clause 11(b)(1)(A)'' and inserting ``clause 1(k)''.
(b) Clause 9(a)(2) of rule X of the Rules of the House of
Representatives is amended by striking ``Permanent Select''.
(c) Clause 11 of rule 10 of the Rules of the House of
Representatives is repealed.
(d) Clause 2(g)(2)(D) of rule 11 of the Rules of the House of
Representatives is amended by striking ``Permanent Select''.
CHAPTER 2--HOMELAND SECURITY OVERSIGHT REFORM IN THE SENATE
Subchapter A--Homeland Security
SEC. 231. HOMELAND SECURITY.
(a) Committee on Homeland Security and Government Affairs.--The
Committee on Governmental Affairs is renamed as the Committee on
Homeland Security and Governmental Affairs.
(b) Jurisdiction.--There shall be referred to the committee all
proposed legislation, messages, petitions, memorials, and other matters
relating to the following subjects:
(1) Department of Homeland Security, except matters
relating to the Coast Guard, the Transportation Security
Administration, the Federal Law Enforcement Training Center,
and the revenue functions of the Customs Service.
(2) Archives of the United States.
(3) Budget and accounting measures, other than
appropriations, except as provided in the Congressional Budget
Act of 1974.
(4) Census and collection of statistics, including economic
and social statistics.
(5) Congressional organization, except for any part of the
matter that amends the rules or orders of the Senate.
(6) Federal Civil Service.
(7) Government information.
(8) Intergovernmental relations.
(9) Municipal affairs of the District of Columbia, except
appropriations therefor.
(10) Organization and management of United States nuclear
export policy.
(11) Organization and reorganization of the executive
branch of the Government.
(12) Postal Service.
(13) Status of officers and employees of the United States,
including their classification, compensation, and benefits.
(c) Additional Duties.--The committee shall have the duty of--
(1) receiving and examining reports of the Comptroller
General of the United States and of submitting such
recommendations to the Senate as it deems necessary or
desirable in connection with the subject matter of such
reports;
(2) studying the efficiency, economy, and effectiveness of
all agencies and departments of the Government;
(3) evaluating the effects of laws enacted to reorganize
the legislative and executive branches of the Government; and
(4) studying the intergovernmental relationships between
the United States and the States and municipalities, and
between the United States and international organizations of
which the United States is a member.
(d) Jurisdiction of Senate Committees.--The jurisdiction of the
Committee on Homeland Security and Governmental Affairs provided in
subsection (b)(1) shall supersede the jurisdiction of any other
committee of the Senate provided in the rules of the Senate.
Subchapter B--Intelligence Oversight Reform
SEC. 241. INTELLIGENCE OVERSIGHT.
(a) Committee on Armed Services Membership.--Section 2(a)(3) of
Senate Resolution 400, agreed to May 19, 1976 (94th Congress) (referred
to in this section as ``S. Res. 400'') is amended by--
(1) inserting ``(A)'' after ``(3)''; and
(2) inserting at the end the following:
``(B) The Chairman and Ranking Member of the
Committee on Armed Services (if not already a member of
the select Committee) shall be ex officio members of
the select Committee but shall have no vote in the
Committee and shall not be counted for purposes of
determining a quorum.''.
(b) Number of Members.--Section 2(a) of S. Res. 400 is amended--
(1) in paragraph (1), by inserting ``not to exceed'' before
``fifteen members'';
(2) in paragraph (1)(E), by inserting ``not to exceed''
before ``seven''; and
(3) in paragraph (2), by striking the second sentence and
inserting ``Of any members appointed under paragraph (1)(E),
the majority leader shall appoint the majority members and the
minority leader shall appoint the minority members, with the
majority having a one vote margin.''.
(c) Elimination of Term Limits.--Section 2 of Senate Resolution
400, 94th Congress, agreed to May 19, 1976, is amended by striking
subsection (b) and by redesignating subsection (c) as subsection (b).
(d) Appointment of Chairman and Vice Chairman.--Section 2(b) of S.
Res. 400, as redesignated by subsection (c) of this section, is amended
by striking the first sentence and inserting the following: ``At the
beginning of each Congress, the Majority Leader of the Senate shall
select a chairman of the select Committee and the Minority Leader shall
select a vice chairman for the select Committee.''.
(e) Subcommittees.--Section 2 of S. Res. 400, as amended by
subsections (a) through (d), is amended by adding at the end the
following:
``(c) The select Committee may be organized into subcommittees.
Each subcommittee shall have a chairman and a vice chairman who are
selected by the Chairman and Vice Chairman of the select Committee,
respectively.''.
(f) Reports.--Section 4(a) of S. Res. 400 is amended by inserting
``, but not less than quarterly,'' after ``periodic''.
(g) Staff.--Section 15 of S. Res. 400 is amended to read as
follows:
``Sec. 15. (a) The select Committee shall hire or appoint one
employee for each member of the select Committee to serve as such
Member's designated representative on the select Committee. The select
Committee shall only hire or appoint an employee chosen by the
respective Member of the select Committee for whom the employee will
serve as the designated representative on the select Committee.
``(b) The select Committee shall be afforded a supplement to its
budget, to be determined by the Committee on Rules and Administration,
to allow for the hire of each employee who fills the position of
designated representative to the select Committee. The designated
representative shall have office space and appropriate office equipment
in the select Committee spaces, and shall have full access to select
Committee staff, information, records, and databases.
``(c) The designated employee shall meet all the requirements of
relevant statutes, Senate rules, and committee clearance requirements
for employment by the select Committee.''.
(h) Nominees.--S. Res. 400 is amended by adding at the end the
following:
``Sec. 17. (a) The select Committee shall have jurisdiction for
reviewing, holding hearings, and voting on civilian persons nominated
by the President to fill a position within the intelligence community
that requires the advice and consent of the Senate.
``(b) Other committees with jurisdiction over the nominees'
executive branch department may hold hearings and interviews with that
person.''.
Subchapter C--Committee Status
SEC. 251. COMMITTEE STATUS.
(a) Homeland Security.--The Committee on Homeland Security and
Governmental Affairs shall be treated as the Committee on Governmental
Affairs listed under paragraph 2 of rule XXV of the Standing Rules of
the Senate for purposes of the Standing Rules of the Senate.
(b) Intelligence.--The Select Committee on Intelligence shall be
treated as a committee listed under paragraph 2 of rule XXV of the
Standing Rules of the Senate for purposes of the Standing Rules of the
Senate.
Subchapter D--Intelligence-Related Subcommittees
SEC. 261. SUBCOMMITTEE RELATED TO INTELLIGENCE OVERSIGHT.
(a) Establishment.--There is established in the Select Committee on
Intelligence a Subcommittee on Oversight which shall be in addition to
any other subcommittee established by the select Committee.
(b) Responsibility.--The Subcommittee on Oversight shall be
responsible for ongoing oversight of intelligence activities.
SEC. 262. SUBCOMMITTEE RELATED TO INTELLIGENCE APPROPRIATIONS.
(a) Establishment.--There is established in the Committee on
Appropriations a Subcommittee on Intelligence. The Subcommittee on
Military Construction shall be combined with the Subcommittee on
Defense into 1 subcommittee.
(b) Jurisdiction.--The Subcommittee on Intelligence of the
Committee on Appropriations shall have jurisdiction over funding for
intelligence matters.
CHAPTER 3--EFFECTIVE DATE
SEC. 271. EFFECTIVE DATE.
This subtitle shall take effect on the convening of the 110th
Congress.
Subtitle D--Declassification of Overall Intelligence Budget
SEC. 281. AVAILABILITY TO PUBLIC OF CERTAIN INTELLIGENCE FUNDING
INFORMATION.
(a) Amounts Requested Each Fiscal Year.--The President shall
disclose to the public for each fiscal year after fiscal year 2005--
(1) the aggregate amount of appropriations requested in the
budget of the President for the fiscal year concerned for the
intelligence and intelligence-related activities of the United
States Government; and
(2) the aggregate amount of appropriations requested in the
budget of the President for the fiscal year concerned for each
element or component of the intelligence community.
(b) Amounts Appropriated Each Fiscal Year.--Congress shall disclose
to the public for each fiscal year after fiscal year 2005--
(1) the aggregate amount of funds appropriated by Congress
for the fiscal year concerned for the intelligence and
intelligence-related activities of the United States
Government; and
(2) the aggregate amount of funds appropriated by Congress
for the fiscal year concerned for each element or component of
the intelligence community.
Subtitle E--Standardize Security Clearances
SEC. 282. STANDARDIZATION OF SECURITY CLEARANCES.
(a) Report; Certification.--Not later than 30 days after the date
of the enactment of this Act, and every 30 days thereafter, the
Director of the Office of Personnel Management, in consultation with
the Director of National Intelligence, the Secretary of Defense, and
the Secretary of Homeland Security, shall submit to the relevant
congressional committees a report on the recommendations of the 9/11
Commission and the policy goals of section 3001 of the Intelligence
Reform and Terrorism Prevention Act of 2004 (Public Law 108-458) with
respect to security clearances, including with respect to uniform
policies and procedures for the completion of security clearances and
reciprocal recognition of such security clearances among agencies of
the United States Government. Such report shall include--
(1) a certification by the Director of the Office of
Personnel Management that such recommendations have been
implemented and such policy goals have been achieved; or
(2) if the Director of the Office of Personnel Management
is unable to make the certification described in paragraph (1),
a description of--
(A) the steps taken to implement such
recommendations and achieve such policy goals;
(B) when the Director of the Office of Personnel
Management expects such recommendations to be
implemented and such policy goals to be achieved; and
(C) any allocation of resources or other actions by
Congress the Director considers necessary to implement
such recommendations and achieve such policy goals.
(b) Termination of Duty to Report.--The duty to submit a report
under subsection (a) shall terminate when the Director of the Office of
Personnel Management submits a certification pursuant to subsection
(a)(1).
(c) GAO Review of Certification.--If the Director of the Office of
Personnel Management submits a certification pursuant to subsection
(a)(1), not later than 30 days after the submission of such
certification, the Comptroller General shall submit to the relevant
congressional committees a report on whether the recommendations
described in subsection (a) have been implemented and whether the
policy goals described in subsection (a) have been achieved.
TITLE III--FOREIGN POLICY, PUBLIC DIPLOMACY, AND NONPROLIFERATION
Subtitle A--Foreign Policy
SEC. 301. ACTIONS TO ENSURE A LONG-TERM COMMITMENT TO AFGHANISTAN.
(a) Sense of Congress.--It is the sense of Congress that the
Government of the United States--
(1) should give priority to providing assistance to
Afghanistan to establish a substantial economic infrastructure
and a sound economy; and
(2) should continue to provide economic and development
assistance to Afghanistan, including assistance to the Afghan
National Army and the police forces and border police of
Afghanistan.
(b) Report; Certification.--Not later than 30 days after the date
of the enactment of this Act, and every 30 days thereafter, the
President shall submit to the relevant congressional committees a
report on the recommendations of the 9/11 Commission and the policy
goals of section 305 of of the Afghanistan Freedom Support Act of 2002
(22 U.S.C. 7555) (as added by section 7104(e)(4)(A) of the Intelligence
Reform and Terrorism Prevention Act of 2004 (Public Law 108-458)) for
ensuring a long-term commitment to Afghanistan. Such report shall
include--
(1) a certification by the President that such
recommendations have been implemented and such policy goals
have been achieved; or
(2) if the President is unable to make the certification
described in paragraph (1), a description of--
(A) the steps taken to implement such
recommendations and achieve such policy goals;
(B) when the President expects such recommendations
to be implemented and such policy goals to be achieved;
and
(C) any allocation of resources or other actions by
Congress the President considers necessary to implement
such recommendations and achieve such policy goals.
(c) Termination of Duty to Report.--The duty to submit a report
under subsection (b) shall terminate when the President submits a
certification pursuant to subsection (b)(1).
(d) GAO Review of Certification.--If the President submits a
certification pursuant to subsection (b)(1), not later than 30 days
after the submission of such certification, the Comptroller General
shall submit to the relevant congressional committees a report on
whether the recommendations described in subsection (b) has been
implemented and whether the policy goals described in subsection (b)
have been achieved.
(e) Definition.--In this section, the term ``relevant congressional
committees'' means--
(1) the Committee on International Relations and the
Committee on Government Reform of the House of Representatives;
and
(2) the Committee on Foreign Relations and the Committee on
Homeland Security and Governmental Affairs of the Senate.
SEC. 302. ACTIONS TO SUPPORT PAKISTAN AGAINST EXTREMISTS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the commitment of the President to provide $3 billion
in assistance over the next five years to Pakistan should be
commended;
(2) the Government of the United States should provide
assistance to Pakistan to improve Pakistan's failing basic
education system and to emphasize development; and
(3) the Government of the United States should strongly
urge the Government of Pakistan to close Taliban-linked schools
known as ``madrassas'', close terrorist training camps, and
prevent Taliban forces from operating across the border between
Pakistan and Afghanistan.
(b) Report.--Not later than 90 days after the date of the enactment
of this Act, the Secretary of State shall submit to the Committee on
International Relations of the House of Representatives and the
Committee on Foreign Relations of the Senate a report on efforts by the
Government of Pakistan take the actions described in subsection (a)(3).
SEC. 303. ACTIONS TO SUPPORT REFORM IN SAUDI ARABIA.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Government of the United States and the Government
of Saudi Arabia should accelerate efforts to improve strategic
dialogue between the two countries, increase exchange programs,
and promote pragmatic reforms in Saudi Arabia; and
(2) the Government of Saudi Arabia should take additional
steps to regulate charities and promote tolerance and
moderation.
(b) Report; Certification.--Not later than 30 days after the date
of the enactment of this Act, and every 30 days thereafter, the
Secretary of State shall submit to the relevant congressional
committees a report on the recommendations of the 9/11 Commission and
the policy goals of section 7105 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (Public Law 108-458) for improving
dialogue between the people and Government of the United States and the
people and Government of Saudi Arabia in order to improve the
relationship between the two countries. Such report shall include--
(1) a certification by the Secretary of State that such
recommendations have been implemented and such policy goals
have been achieved; or
(2) if the Secretary of State is unable to make the
certification described in paragraph (1), a description of--
(A) the steps taken to implement such
recommendations and achieve such policy goals;
(B) when the Secretary of State expects such
recommendations to be implemented and such policy goals
to be achieved; and
(C) any allocation of resources or other actions by
Congress the Secretary of State considers necessary to
implement such recommendations and achieve such policy
goals.
(c) Termination of Duty to Report.--The duty to submit a report
under subsection (b) shall terminate when the Secretary of State
submits a certification pursuant to subsection (b)(1).
(d) GAO Review of Certification.--If the Secretary of State submits
a certification pursuant to subsection (b)(1), not later than 30 days
after the submission of such certification, the Comptroller General
shall submit to the relevant congressional committees a report on
whether the recommendations described in subsection (b) have been
implemented and whether the policy goals described in subsection (b)
have been achieved.
(e) Definition.--In this section, the term ``relevant congressional
committees'' means--
(1) the Committee on International Relations and the
Committee on Government Reform of the House of Representatives;
and
(2) the Committee on Foreign Relations and the Committee on
Homeland Security and Governmental Affairs of the Senate.
SEC. 304. ELIMINATION OF TERRORIST SANCTUARIES.
(a) National Counterterrorism Center Identification of Terrorist
Sanctuaries.--Subsection (d) of section 119 of National Security Act of
1947 (50 U.S.C. 404o) is amended by adding at the end the following new
paragraph:
``(7) To identify each country whose territory is being
used as a sanctuary for terrorists or terrorist organizations
and each country whose territory may potentially be used as a
sanctuary for terrorists or terrorist organizations and to
develop a comprehensive strategy to eliminate terrorist
sanctuaries.''.
(b) Report.--Such section is further amended by adding at the end
the following new subsection:
``(k) Report on Terrorist Sanctuaries.--Not later than 90 days
after the date of the enactment of this Act, and annually thereafter,
the Director of the National Counterterrorism Center shall submit to
the Committee on International Relations, the Permanent Select
Committee on Intelligence, the Committee on Homeland Security, and the
Committee on Government Reform of the House of Representatives and the
Committee on Foreign Relations, the Select Committee on Intelligence,
and the Committee on Homeland Security and Governmental Affairs of the
Senate a report on terrorist sanctuaries, including a description of
the--
``(1) countries whose territory is being used as a
sanctuary for terrorists or terrorist organizations;
``(2) countries whose territory may potentially be used as
a sanctuary for terrorists or terrorist organizations;
``(3) strategy to eliminate each such sanctuary; and
``(4) progress that has been made in accomplishing such
strategy.''.
SEC. 305. COMPREHENSIVE COALITION STRATEGY AGAINST ISLAMIST TERRORISM.
(a) Sense of Congress.--It is the sense of Congress that the United
States--
(1) should continue to engage other countries in developing
a comprehensive coalition strategy against Islamist terrorism;
and
(2) should use a broader approach to target the roots of
terrorism, including developing strategies with other countries
to encourage reform efforts in Saudi Arabia and Pakistan,
improving educational and economic opportunities in Muslim
countries, identifying and eliminating terrorist sanctuaries,
and making progress in the Arab-Israeli peace process.
(b) Report; Certification.--Not later than 30 days after the date
of the enactment of this Act, and every 30 days thereafter, the
Secretary of State shall submit to the relevant congressional
committees a report on the recommendations of the 9/11 Commission and
the policy goals of section 7117 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (Public Law 108-458) for engaging
other countries in developing a comprehensive coalition strategy for
combating terrorism. Such report shall include--
(1) a certification by the Secretary of State that such
recommendations have been implemented and such policy goals
have been achieved; or
(2) if the Secretary of State is unable to make the
certification described in paragraph (1), a description of--
(A) the steps taken to implement such
recommendations and achieve such policy goals;
(B) when the Secretary of State expects such
recommendations to be implemented and such policy goals
to be achieved; and
(C) any allocation of resources or other actions by
Congress the Secretary of State considers necessary to
implement such recommendations and achieve such policy
goals.
(c) Termination of Duty to Report.--The duty to submit a report
under subsection (b) shall terminate when the Secretary of State
submits a certification pursuant to subsection (b)(1).
(d) GAO Review of Certification.--If the Secretary of State submits
a certification pursuant to subsection (b)(1), not later than 30 days
after the submission of such certification, the Comptroller General
shall submit to the relevant congressional committees a report on
whether the recommendations described in subsection (b) have been
implemented and whether the policy goals described in subsection (b)
have been achieved.
(e) Definition.--In this section, the term ``relevant congressional
committees'' means--
(1) the Committee on International Relations and the
Committee on Government Reform of the House of Representatives;
and
(2) the Committee on Foreign Relations and the Committee on
Homeland Security and Governmental Affairs of the Senate.
SEC. 306. STANDARDS FOR THE DETENTION AND HUMANE TREATMENT OF CAPTURED
TERRORISTS.
(a) Report; Certification.--Not later than 30 days after the date
of the enactment of this Act, and every 30 days thereafter, the
Secretary of State, in consultation with the Attorney General, shall
submit to the relevant congressional committees a report on the
recommendations of the 9/11 Commission for engaging United States
allies to develop a common coalition approach toward the detention and
humane treatment of captured terrorists and the policy goals of
sections 1002, 1003, and 1005 of the Department of Defense, Emergency
Supplemental Appropriations to Address Hurricanes in the Gulf of
Mexico, and Pandemic Influenza Act, 2006 (Public Law 109-148). Such
report shall include--
(1) a certification by the Secretary of State that such
recommendations have been implemented and such policy goals
have been achieved; or
(2) if the Secretary of State is unable to make the
certification described in paragraph (1), a description of--
(A) the steps taken to implement such
recommendations and achieve such policy goals;
(B) when the Secretary of State expects such
recommendations to be implemented and such policy goals
to be achieved; and
(C) any allocation of resources or other actions by
Congress the Secretary of State considers necessary to
implement such recommendations and achieve such policy
goals.
(b) Termination of Duty to Report.--The duty to submit a report
under subsection (a) shall terminate when the Secretary of State
submits a certification pursuant to subsection (a)(1).
(c) GAO Review of Certification.--If the Secretary of State submits
a certification pursuant to subsection (a)(1), not later than 30 days
after the submission of such certification, the Comptroller General
shall submit to the relevant congressional committees a report on
whether the recommendations described in subsection (a) have been
implemented and whether the policy goals described in subsection (a)
have been achieved.
(d) Definition.--In this section, the term ``relevant congressional
committees'' means--
(1) the Committee on International Relations, the Committee
on Armed Services, and the Committee on Government Reform of
the House of Representatives; and
(2) the Committee on Foreign Relations, the Committee on
Armed Services, and the Committee on Homeland Security and
Governmental Affairs of the Senate.
SEC. 307. USE OF ECONOMIC POLICIES TO COMBAT TERRORISM.
(a) Report; Certification.--Not later than 30 days after the date
of the enactment of this Act, and every 30 days thereafter, the
Secretary of State, in consultation with the United States Trade
Representative, shall submit to the relevant congressional committees a
report on the recommendations of the 9/11 Commission and the policy
goals of section 7115 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (Public Law 108-458) for developing economic
policies to combat terrorism. Such report shall include--
(1) a certification by the Secretary of State that such
recommendations have been implemented and such policy goals
have been achieved, including a description of the extent to
which the policy goals of paragraphs (1) through (4) of section
7115(b) of the Intelligence Reform and Terrorism Prevention Act
of 2004 have been achieved; or
(2) if the Secretary of State is unable to make the
certification described in paragraph (1), a description of--
(A) the steps taken to implement such
recommendations and achieve such policy goals;
(B) when the Secretary of State expects such
recommendations to be implemented and such policy goals
to be achieved; and
(C) any allocation of resources or other actions by
Congress the Secretary of State considers necessary to
implement such recommendations and achieve such policy
goals.
(b) Termination of Duty to Report.--The duty to submit a report
under subsection (a) shall terminate when the Secretary of State
submits a certification pursuant to subsection (a)(1).
(c) GAO Review of Certification.--If the Secretary of State submits
a certification pursuant to subsection (a)(1), not later than 30 days
after the submission of such certification, the Comptroller General
shall submit to the relevant congressional committees a report on
whether the recommendations described in subsection (a) have been
implemented and whether the policy goals described in subsection (a)
have been achieved.
(d) Definition.--In this section, the term ``relevant congressional
committees'' means--
(1) the Committee on International Relations and the
Committee on Government Reform of the House of Representatives;
and
(2) the Committee on Foreign Relations and the Committee on
Homeland Security and Governmental Affairs of the Senate.
SEC. 308. ACTIONS TO ENSURE VIGOROUS EFFORTS AGAINST TERRORIST
FINANCING.
(a) Findings.--Congress finds the following:
(1) Financial institutions have too little information
about money laundering and terrorist financing compliance in
other markets.
(2) The current Financial Action Task Force designation
system does not adequately represent the progress countries are
making in combatting money laundering.
(3) Lack of information about the compliance of countries
with anti-money laundering standards exposes United States
financial markets to excessive risk.
(4) Failure to designate countries that fail to make
progress in combatting terrorist financing and money laundering
eliminates incentives for internal reform.
(5) The Secretary of the Treasury has an affirmative duty
to provide to financial institutions and examiners the best
possible information on compliance with anti-money laundering
and terrorist financing initiatives in other markets.
(b) Report.--Not later than March 1 of each year, the Secretary of
the Treasury shall submit to relevant congressional committees a report
that identifies the applicable standards of each country against money
laundering and states whether that country is a country of primary
money laundering concern under section 5318A of title 31, United States
Code. The report shall include--
(1) information on the effectiveness of each country in
meeting its standards against money laundering;
(2) a determination of whether that the efforts of that
country to combat money laundering and terrorist financing are
adequate, improving, or inadequate; and
(3) the efforts made by the Secretary to provide to the
government of each such country of concern technical assistance
to cease the activities that were the basis for the
determination that the country was of primary money laundering
concern.
(c) Dissemination of Information in Report.--The Secretary of the
Treasury shall make available to the Federal Financial Institutions
Examination Council for incorporation into the examination process, in
consultation with Federal banking agencies, and to financial
institutions the information contained in the report submitted under
subsection (b). Such information shall be made available to financial
institutions without cost.
(d) Definitions.--In this section:
(1) Financial institution.--The term ``financial
institution'' has the meaning given that term in section
5312(a)(2) of title 31, United States Code.
(2) Relevant congressional committees.--The term ``relevant
congressional committees'' means--
(A) the Committee on Financial Services, the
Committee on Government Reform, and the Committee on
the Judiciary of the House of Representatives; and
(B) the Committee on Banking, Housing, and Urban
Affairs, the Committee on Homeland Security and
Governmental Affairs, and the Committee on the
Judiciary of the Senate.
Subtitle B--Public Diplomacy
SEC. 311. PUBLIC DIPLOMACY RESPONSIBILITIES OF THE DEPARTMENT OF STATE
AND PUBLIC DIPLOMACY TRAINING OF MEMBERS OF THE FOREIGN
SERVICE.
(a) Report; Certification.--Not later than 30 days after the date
of the enactment of this Act, and every 30 days thereafter, the
Secretary of State shall submit to the relevant congressional
committees a report on the recommendations of the 9/11 Commission and
the policy goals of sections 7109 and 7110 the Intelligence Reform and
Terrorism Prevention Act of 2004 (Public Law 108-458), and the
amendments made by such sections, regarding the public diplomacy
responsibilities of the Department of State and public diplomacy
training of members of the Foreign Service. Such report shall include--
(1) a certification by the Secretary of State that such
recommendations have been implemented and such policy goals
have been achieved; or
(2) if the Secretary of State is unable to make the
certification described in paragraph (1), a description of--
(A) the steps taken to implement such
recommendations and achieve such policy goals;
(B) when the Secretary of State expects such
recommendations to be implemented and such policy goals
to be achieved; and
(C) any allocation of resources or other actions by
Congress the Secretary of State considers necessary to
implement such recommendations and achieve such policy
goals.
(b) Termination of Duty to Report.--The duty to submit a report
under subsection (a) shall terminate when the Secretary of State
submits a certification pursuant to subsection (a)(1).
(c) GAO Review of Certification.--If the Secretary of State submits
a certification pursuant to subsection (a)(1), not later than 30 days
after the submission of such certification, the Comptroller General
shall submit to the relevant congressional committees a report on
whether the recommendations described in subsection (a) have been
implemented and whether the policy goals described in subsection (a)
have been achieved.
(d) Definition.--In this section, the term ``relevant congressional
committees'' means--
(1) the Committee on International Relations and the
Committee on Government Reform of the House of Representatives;
and
(2) the Committee on Foreign Relations and the Committee on
Homeland Security and Governmental Affairs of the Senate.
SEC. 312. INTERNATIONAL BROADCASTING.
(a) Report.--Not later than 90 days after the date of the enactment
of this Act, the Broadcasting Board of Governors shall submit to the
relevant congressional committees a report on--
(1) the activities of Radio Sawa and Radio Al-Hurra; and
(2) the extent to which the activities of Radio Sawa and
Radio Al-Hurra have been successful, including an analysis of
impact of the activities on the audience and audience
demographics and whether or not funding is adequate to carry
out the activities.
(b) Definition.--In this section, the term ``relevant congressional
committees'' means--
(1) the Committee on International Relations and the
Committee on Government Reform of the House of Representatives;
and
(2) the Committee on Foreign Relations and the Committee on
Homeland Security and Governmental Affairs of the Senate.
SEC. 313. EXPANSION OF UNITED STATES SCHOLARSHIP, EXCHANGE, AND LIBRARY
PROGRAMS IN THE ISLAMIC WORLD.
(a) Report; Certification.--Not later than 30 days after the date
of the enactment of this Act, and every 30 days thereafter, the
Secretary of State shall submit to the relevant congressional
committees a report on the recommendations of the 9/11 Commission and
the policy goals of sections 7112 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (Public Law 108-458) for expanding
United States scholarship, exchange, and library programs in the
Islamic world. Such report shall include--
(1) a certification by the Secretary of State that such
recommendations have been implemented and such policy goals
have been achieved; or
(2) if the Secretary of State is unable to make the
certification described in paragraph (1), a description of--
(A) the steps taken to implement such
recommendations and achieve such policy goals;
(B) when the Secretary of State expects such
recommendations to be implemented and such policy goals
to be achieved; and
(C) any allocation of resources or other actions by
Congress the Secretary of State considers necessary to
implement such recommendations and achieve such policy
goals.
(b) Termination of Duty to Report.--The duty to submit a report
under subsection (a) shall terminate when the Secretary of State
submits a certification pursuant to subsection (a)(1).
(c) GAO Review of Certification.--If the Secretary of State submits
a certification pursuant to subsection (a)(1), not later than 30 days
after the submission of such certification, the Comptroller General
shall submit to the relevant congressional committees a report on
whether the recommendations described in subsection (a) have been
implemented and whether the policy goals described in subsection (a)
have been achieved.
(d) Definition.--In this section, the term ``relevant congressional
committees'' means--
(1) the Committee on International Relations and the
Committee on Government Reform of the House of Representatives;
and
(2) the Committee on Foreign Relations and the Committee on
Homeland Security and Governmental Affairs of the Senate.
SEC. 314. INTERNATIONAL YOUTH OPPORTUNITY FUND.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Middle East Partnership Initiative (MEPI) and the
United States Agency for International Development should be
commended for initiating programs in predominantly Muslim
countries to support secular education improvements and the
teaching of English, including programs that focus on the
education of women;
(2) the secular education programs of MEPI and the United
States Agency for International Development are a constructive
start to answering the challenge of secular education in
predominantly Muslim countries ;
(3) the secular education programs of MEPI and the United
States Agency for International Development should be
components of an overall strategy for educational assistance--
itself one component of an overall United States strategy for
counterterrorism--targeted where the need and the benefit to
the national security of the United States are greatest; and
(4) upon formation of a broader strategy for international
educational assistance targeted toward the Middle East, a
significant increase in funding for these initiatives should be
provided.
(b) International Youth Opportunity Fund.--There are authorized to
be appropriated to the Secretary of State $50,000,000 for each of the
fiscal years 2007 and 2008 to support the establishment of an
International Youth Opportunity Fund pursuant to section 7114 of the
Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law
108-458).
Subtitle C--Nonproliferation
SEC. 321. SHORT TITLE.
This subtitle may be cited as the ``Omnibus Nonproliferation and
Anti-Nuclear Terrorism Act of 2006''.
SEC. 322. FINDINGS.
Congress finds the following:
(1) Loose nuclear weapons and materials in the former
soviet union.--
(A) There are in the world today enormous
stockpiles of nuclear weapons and the materials
required to make them. Counting materials both in
assembled warheads and in other forms, worldwide totals
are estimated to encompass some 1,900 tons of highly
enriched uranium (enough for 143,000 nuclear weapons)
and 1,855 tons of plutonium (enough for 330,000 nuclear
weapons).
(B) The Russian Federation alone is estimated to
have over 1,000 tons of highly enriched uranium (enough
for over 80,000 nuclear weapons) and 140 tons of
plutonium (enough for over 30,000 nuclear weapons).
(C) The United States has been working for over a
decade to eliminate stockpiles of loose nuclear weapons
and materials in the former Soviet Union, but the
Department of Energy acknowledges that there is still a
need to properly secure about 460 tons of weapons-
usable Russian nuclear material (outside of warheads),
enough for more than 35,000 nuclear weapons.
(D) A recent report by the Central Intelligence
Agency faulted the security of nuclear arsenal
facilities in the Russian Federation and assessed that
``undetected smuggling has occurred.''
(E) There are at least 18 documented incidents of
``proliferation significant'' fissile material
trafficking from facilities in the former Soviet Union
between 1991 and 2001. In one incident in 1998, an
inside conspiracy at a Russian nuclear weapons facility
attempted to steal 18.5 kilograms of highly enriched
uranium. In another incident, 2 kilograms of highly
enriched uranium taken from a research facility in
Sukhumi, Georgia, has never been recovered.
(F) In May 1994, German police found a small but
worrisome quantity of supergrade plutonium in the
garage of Adolf Jackle. Extremely expensive to produce,
this rare item was likely stolen from one of Russia's
two premier nuclear weapons laboratories.
(G) Comprehensive security upgrades are not yet
completed at 90 percent of Russian nuclear warhead
bunkers for Russia's Strategic Rocket Forces.
(H) Border security in the former Soviet Union is
inconsistent at best. Existing infrastructure helps at
the outer borders of the former Soviet Union but many
borders internal to the former Soviet Union, such as
the border between Kazakhstan and the Russian
Federation, exist only on a map.
(2) Loose nuclear materials around the globe.--
(A) Dangerous caches of weapons-usable nuclear
materials, much of it poorly secured and vulnerable to
theft, exist in a multitude of facilities around the
world. For example, there are over 130 research
reactors in over 40 countries that house highly
enriched uranium, some with enough to manufacture an
atomic bomb. In total, about 40 tons of highly enriched
uranium, enough for over 1,000 nuclear weapons, is
estimated to remain in civilian research reactors.
(B) Over the last 50 years, the United States is
known to have exported about 27.5 tons of highly
enriched uranium to 43 countries to help develop
nuclear power production or bolster scientific
initiatives. In 1996, the United States began an effort
to recover the more than 17.5 tons of the nuclear
material that was still overseas, but has recovered
only about 1 ton, according to the Department of Energy
and the Government Accountability Office.
(C) It is especially important to keep highly
enriched uranium out of terrorists' hands because, with
minimal expertise, they could use it to make the
simplest, gun-type nuclear weapon--a device in which a
high explosive is used to blow one subcritical piece of
highly enriched uranium from one end of a tube into
another subcritical piece held at the opposite end of
the tube.
(D) To Osama bin Laden, acquiring weapons of mass
destruction is a ``religious duty''. Al Qaeda and more
than two dozen other terrorist groups are pursuing
capability to use weapons of mass destruction.
(E) Osama bin Laden's press spokesman, Sulaiman Abu
Ghaith, has announced that the group aspires ``to kill
4 million Americans, including 1 million children,'' in
response to casualties supposedly inflicted on Muslims
by the United States and Israel.
(F) Al Qaeda documents recovered in Afghanistan
reveal a determined research effort focused on nuclear
weapons.
(3) Security standards for all nuclear weapons and
materials.--
(A) There are no international binding standards
for the secure handling and storage of nuclear weapons
and materials.
(B) Making a nuclear weapon requires only 4 to 5
kilograms of plutonium or 12 to 15 kilograms of highly
enriched uranium.
(C) In October 2001, the United States Government
became very concerned that Al Qaeda may have smuggled a
10-kiloton Russian nuclear warhead into New York City.
If placed in lower Manhattan, such a device would
probably kill 100,000 people instantly, seriously
injure tens of thousands more, and render the entire
area uninhabitable for decades to come.
(4) Russia's nuclear expertise.--
(A) Employment at the large nuclear facilities in
the Russian Federation's 10 closed nuclear cities is
estimated to be in the range of 120,000 to 130,000
people, of whom approximately 75,000 were employed on
nuclear weapons-related work.
(B) Poor wages and living conditions in Russian
``nuclear cities'' have inspired protests and strikes
among the employees working in them.
(C) Insiders have been caught attempting to smuggle
nuclear materials out of these facilities, presumably
to sell on the lucrative black market.
SEC. 323. ESTABLISHMENT OF OFFICE OF NONPROLIFERATION PROGRAMS IN THE
EXECUTIVE OFFICE OF THE PRESIDENT.
(a) Establishment.--There is established in the Executive Office of
the President an Office of Nonproliferation Programs (in this section
referred to as the ``Office'').
(b) Director; Associate Directors.--There shall be at the head of
the Office a Director who shall be appointed by the President, by and
with the advice and consent of the Senate, and who shall be compensated
at the rate provided for level II of the Executive Schedule in section
5313 of title 5. The President is authorized to appoint not more than
four Associate Directors, by and with the advice and consent of the
Senate, who shall be compensated at a rate not to exceed that provided
for level III of the Executive Schedule in section 5314 of such title.
Associate Directors shall perform such functions as the Director may
prescribe.
(c) Primary Functions of Director.--
(1) In general.--The primary function of the Director is to
coordinate and lead--
(A) efforts by the United States to curb terrorist
access to nuclear technology, materials, or expertise;
and
(B) other United States nonproliferation
activities, including nuclear nonproliferation
activities and activities to counter other weapons of
mass destruction.
(2) Specific functions.--In addition to such other
functions and activities as the President may assign, the
Director shall--
(A) advise the President, and others within the
Executive Office of the President, on the role and
effect of such nonproliferation activities on national
security and international relations;
(B) lead the development and implementation of a
plan (including appropriate budgets, other resources,
goals, and metrics for assessing progress) to ensure
that all the highest-priority actions to prevent
terrorists from getting and using nuclear weapons are
taken in the shortest possible time, including but not
limited to a fast-paced global effort to ensure that
every nuclear warhead and every kilogram of weapons-
usable nuclear material worldwide is secured and
accounted for, to standards sufficient to defeat
demonstrated terrorist and criminal threats, as rapidly
as that objective can be accomplished;
(C) identify obstacles to accelerating and
strengthening efforts to prevent terrorists from
getting and using nuclear weapons, and raise approaches
to overcoming these obstacles for action by the
President or other appropriate officials;
(D) lead an effort, to be carried out jointly by
the various Federal agencies responsible for carrying
out such nonproliferation activities, to establish
priorities among those activities and to develop and
implement strategies and budgets that reflect those
priorities;
(E) build strong partnerships with respect to such
nonproliferation activities among Federal, State, and
local governments, foreign governments, international
organizations, and nongovernmental organizations; and
(F) evaluate the scale, quality, and effectiveness
of the Federal effort with respect to such
nonproliferation activities and advise on appropriate
actions.
SEC. 324. REMOVAL OF RESTRICTIONS ON COOPERATIVE THREAT REDUCTION
PROGRAMS.
(a) Repeal of Restrictions.--
(1) Restrictions on assistance in destroying former soviet
weapons.--Section 211(b) of the Soviet Nuclear Threat Reduction
Act of 1991 (22 U.S.C. 2551 note) is repealed.
(2) Restrictions on authority to carry out ctr programs.--
Section 1203(d) of the Cooperative Threat Reduction Act of 1993
(title XII of Public Law 103-160; 22 U.S.C. 5952(d)) is
repealed.
(3) Limitation on use of funds for chemical weapons
destruction.--Section 1305 of the National Defense
Authorization Act for Fiscal Year 2000 (22 U.S.C. 5952 note) is
repealed.
(b) Exemption From Limitations.--Cooperative Threat Reduction
programs may be carried out notwithstanding any other provision of law,
subject to congressional notification and reporting requirements that
apply to the use of funds available for Cooperative Threat Reduction
programs or the carrying out of projects or activities under such
programs.
(c) Inapplicability of Other Restrictions.--Section 502 of the
Freedom for Russia and Emerging Eurasian Democracies and Open Markets
Support Act of 1992 (22 U.S.C. 5852) shall not apply to any Cooperative
Threat Reduction program.
SEC. 325. REMOVAL OF RESTRICTIONS ON DEPARTMENT OF ENERGY
NONPROLIFERATION PROGRAMS.
Section 4301 of the Atomic Energy Defense Act (50 U.S.C. 2561) is
repealed.
SEC. 326. MODIFICATIONS OF AUTHORITY TO USE COOPERATIVE THREAT
REDUCTION PROGRAM FUNDS OUTSIDE THE FORMER SOVIET UNION.
Section 1308 of the National Defense Authorization Act for Fiscal
Year 2004 (Public Law 108-136; 117 Stat. 1662; 22 U.S.C. 5963) is
amended--
(1) by striking ``President'' each place it appears and
inserting ``Secretary of Defense'';
(2) in subsection (a), by striking ``each of the
following'' and all that follows through the period at the end
and inserting the following: ``that such project or activity
will--
``(1) assist the United States in the resolution of a
critical emerging proliferation threat; or
``(2) permit the United States to take advantage of
opportunities to achieve long-standing nonproliferation
goals.'';
(3) by striking subsections (c) and (d); and
(4) by redesignating subsection (e) as subsection (c).
SEC. 327. MODIFICATIONS OF AUTHORITY TO USE INTERNATIONAL NUCLEAR
MATERIALS PROTECTION AND COOPERATION PROGRAM FUNDS
OUTSIDE THE FORMER SOVIET UNION.
Section 3124 of the National Defense Authorization Act for Fiscal
Year 2004 (Public Law 108-136; 117 Stat. 1747) is amended--
(1) by striking ``President'' each place it appears and
inserting ``Secretary of Energy'';
(2) in subsection (a), by striking ``each of the
following'' and all that follows through the period at the end
and inserting the following: ``that such project or activity
will--
``(1) assist the United States in the resolution of a
critical emerging proliferation threat; or
``(2) permit the United States to take advantage of
opportunities to achieve long-standing nonproliferation
goals.'';
(3) by striking subsections (c) and (d); and
(4) by redesignating subsection (e) as subsection (c).
SEC. 328. SPECIAL REPORTS ON ADHERENCE TO ARMS CONTROL AGREEMENTS AND
NONPROLIFERATION COMMITMENTS.
(a) Reports Required.--At least annually, the Secretary of State
shall submit to the appropriate congressional committees a report on
each country in which a Cooperative Threat Reduction program is being
carried out. The report shall describe that country's commitments to--
(1) making substantial national investments in
infrastructure to secure, safeguard, and destroy weapons of
mass destruction;
(2) forgoing any military modernization exceeding
legitimate defense requirements, including replacement of
weapons of mass destruction;
(3) forgoing any use of fissionable materials or any other
components of deactivated nuclear weapons in a new nuclear
weapons program;
(4) complying with all relevant arms control agreements;
(5) adopting and enforcing national and international
export controls over munitions and dual-use items; and
(6) facilitating the verification by the United States and
international community of that country's compliance with such
commitments.
(b) Form.--The report required under subsection (a) may be
submitted with the report required under section 403 of the Arms
Control and Disarmament Act (22 U.S.C. 2593a).
SEC. 329. PRESIDENTIAL REPORT ON IMPEDIMENTS TO CERTAIN
NONPROLIFERATION ACTIVITIES.
Not later than 90 days after the date of the enactment of this Act,
the President shall submit to the appropriate congressional committees
a report identifying impediments (including liability concerns,
taxation issues, access rights, and other impediments) to--
(1) the ongoing renegotiation of the umbrella agreement
relating to Cooperative Threat Reduction; and
(2) the ongoing negotiations for the implementation of the
Plutonium Disposition Program, the Nuclear Cities Initiative,
and other defense nuclear nonproliferation programs.
SEC. 330. ENHANCEMENT OF GLOBAL THREAT REDUCTION INITIATIVE.
Section 3132 of the Ronald W. Reagan National Defense Authorization
Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 2166; 50 U.S.C.
2569) is amended--
(1) in subsection (b)--
(A) in the subsection heading, by striking
``Program Authorized'' and inserting ``Program
Required''; and
(B) by striking ``The Secretary of Energy may'' and
inserting ``The President, acting through the Secretary
of Energy, shall''; and
(2) in subsection (c)(1), by adding at the end the
following new subparagraph:
``(N) Take such other actions as may be necessary to
effectively implement the Global Threat Reduction
Initiative.''.
SEC. 331. EXPANSION OF PROLIFERATION SECURITY INITIATIVE.
(a) Sense of Congress Relating to Proliferation Security
Initiative.--It is the sense of the Congress that--
(1) the President should strive to expand and strengthen
the Proliferation Security Initiative announced by the
President on May 31, 2003, placing particular emphasis on
including countries outside of NATO; and
(2) the United States should engage the United Nations to
develop a Security Council Resolution to authorize the
Proliferation Security Initiative under international law,
including by providing legal authority to stop shipments of
weapons of mass destruction, their delivery systems, and
related materials.
(b) Authorization of Appropriations Relating to Proliferation
Security Initiative.--There are authorized to be appropriated for
fiscal year 2007, $50,000,000 to conduct joint training exercises
regarding interdiction of weapons of mass destruction under the
Proliferation Security Initiative. Particular emphasis should be given
to allocating funds from such amount--
(1) to invite other countries that do not participate in
the Proliferation Security Initiative to observe the joint
training exercises; and
(2) to conduct training exercises with countries that
openly join the Proliferation Security Initiative after the
date of the enactment of this Act.
SEC. 332. SENSE OF CONGRESS RELATING TO INTERNATIONAL SECURITY
STANDARDS FOR NUCLEAR WEAPONS AND MATERIALS.
It is the sense of the Congress that the President should seek to
devise and implement standards to improve the security of nuclear
weapons and materials by--
(1) establishing with other willing nations a set of
performance-based standards for the security of nuclear weapons
and weapons;
(2) negotiating with those nations an agreement to adopt
the standards and implement appropriate verification measures
to assure ongoing compliance; and
(3) coordinating with those nations and the International
Atomic Energy Agency to strongly encourage other states to
adopt and verifiably implement the standards.
SEC. 333. AUTHORIZATION OF APPROPRIATIONS RELATING TO INVENTORY OF
RUSSIAN TACTICAL NUCLEAR WARHEADS AND DATA EXCHANGES.
In addition to any other amounts authorized to be appropriated for
such purposes, there are authorized to be appropriated to the
Administrator for Nuclear Security for fiscal year 2007, $5,000,000 for
assistance to Russia to facilitate the conduct of a comprehensive
inventory of the stockpile of Russia of--
(1) non-strategic nuclear weapons; and
(2) nuclear weapons, whether strategic or non-strategic,
that are not secured by PALs or other electronic means.
SEC. 334. REPORT ON ACCOUNTING FOR AND SECURING OF RUSSIA'S NON-
STRATEGIC NUCLEAR WEAPONS.
Not later than 120 days after the date of the enactment of this
Act, the Secretary of Defense shall submit to the appropriate
congressional committees a report on Russia's non-strategic nuclear
weapons. The report shall--
(1) detail past and current efforts of the United States to
encourage a proper accounting for and securing of Russia's non-
strategic nuclear weapons and Russia's nuclear weapons, whether
strategic or non-strategic, that are not secured by PALs or
other electronic means;
(2) detail the actions that are most likely to lead to
progress in improving the accounting for and securing or
dismantlement of such weapons; and
(3) detail the feasibility of enhancing the national
security of the United States by developing increased
transparency between the United States and Russia with respect
to the numbers, locations, and descriptions of such weapons and
of the corresponding weapons of the United States.
SEC. 335. RESEARCH AND DEVELOPMENT INVOLVING ALTERNATIVE USE OF WEAPONS
OF MASS DESTRUCTION EXPERTISE.
(a) Authority to Use Funds.--Notwithstanding any other provision of
law and subject to subsection (c), any funds available to a department
or agency of the Federal Government may be used to conduct non-defense
research and development in Russia and the states of the former Soviet
Union on technologies specified in subsection (b) utilizing scientists
in Russia and the states of the former Soviet Union who have expertise
in--
(1) nuclear weapons; or
(2) chemical or biological weapons, but only if such
scientists no longer engage, or have never engaged, in
activities supporting prohibited chemical or biological
capabilities.
(b) Technologies.--The technologies specified in this subsection
are technologies on the following:
(1) Environmental restoration and monitoring.
(2) Proliferation detection.
(3) Health and medicine, including research.
(4) Energy.
(c) Limitation.--Funds may not be used under subsection (a) for
research and development if the Secretary of State, in consultation
with the Secretary of Defense and the Secretary of Energy, determines
that such research and development will--
(1) pose a threat to the security interests of the United
States; or
(2) further materially any defense technology.
(d) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the Department of State $20,000,000 for fiscal year 2007 for
the following purposes:
(A) To make determinations under subsection (c).
(B) To defray any increase in costs incurred by the
Department of State, or any other department or agency
of the Federal Government, for research and
development, or demonstration, as a result of research
and development conducted under this section.
(2) Availability.--(A) Amounts authorized to be
appropriated by paragraph (1) are authorized to remain
available until expended.
(B) Any amount transferred to a department or agency of the
Federal Government pursuant to paragraph (1)(B) shall be merged
with amounts available to such department or agency to cover
costs concerned, and shall be available for the same purposes,
and for the same period, as amounts with which merged.
SEC. 336. STRENGTHENING THE NUCLEAR NONPROLIFERATION TREATY.
(a) Findings.--Congress finds the following:
(1) Article IV of the Treaty on the Non-Proliferation of
Nuclear Weapons (commonly referred to as the Nuclear
Nonproliferation Treaty or NPT) (21 UST 483) states that
countries that are parties to the treaty have the ``inalienable
right . . . to develop research, production and use of nuclear
energy for peaceful purposes without discrimination and in
conformity with articles I and II of this treaty.''.
(2) The rights outlined under article IV include all fuel
cycle activities, despite the fact that uranium enrichment and
plutonium production potentially put a country in a position to
produce weapons usable material.
(3) David Bergmann, former chairman of the Israeli Atomic
Energy Commission, stated: ``. . . by developing atomic energy
for peaceful uses, you reach the nuclear weapon option. There
are not two atomic energies''.
(4) The wording of article IV has made it possible for
countries that are parties to the NPT treaty to use peaceful
nuclear programs as a cover for weapons programs. In
particular, the misuse by North Korea and Iran of these
provisions threatens to undercut the viability of the nuclear
nonproliferation regime and the entire system of international
nuclear commerce.
(5) If the international community fails to devise
effective measures to deal with the ``loophole'' in article IV,
then there is a great likelihood that the ranks of countries
possessing nuclear weapons will increase markedly in the next
decade.
(b) Presidential Report on Control of Nuclear Fuel Cycle
Technologies and Material.--Not later than 90 days after the date of
the enactment of this Act, the President shall submit to the
appropriate congressional committees a report identifying ways to more
effectively control nuclear fuel cycle technologies and material,
including ways that the United States can mobilize the international
community to close the ``loophole'' of article IV of the NPT, without
undermining the treaty itself.
SEC. 337. DEFINITIONS.
In this subtitle:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on International Relations, the
Committee on Armed Services, the Committee on Homeland
Security, and the Committee on Appropriations of the
House of Representatives; and
(B) the Committee on Foreign Relations, the
Committee on Armed Services, the Committee on Homeland
Security and Governmental Affairs, and the Committee on
Appropriations of the Senate.
(2) Cooperative threat reduction programs.--The term
``Cooperative Threat Reduction programs'' means programs and
activities specified in section 1501(b) of the National Defense
Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110
Stat. 2731; 50 U.S.C. 2362 note).
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