110th CONGRESS
1st Session
S. 328
To ensure the implementation of the recommendations of the National
Commission on Terrorist Attacks Upon the United States.
IN THE SENATE OF THE UNITED STATES
January 17, 2007
Mr. MENENDEZ (for himself and Mr. LAUTENBERG) introduced the following
bill; which was read twice and referred to the Committee on Foreign Relations
A BILL
To ensure the implementation of the recommendations of the National
Commission on Terrorist Attacks Upon the United States.
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. 113. Faster and Smarter Funding for First Responders.
Sec. 114. Superseded provision.
Sec. 116. GAO Report on an inventory and status of Homeland Security first
responder training.
Sec. 117. Removal of civil liability barriers that discourage the donation
of fire equipment to volunteer fire companies.
Subtitle B--Transportation Security
Sec. 121. Report on national strategy for transportation security.
Sec. 122. Report on airline passenger prescreening.
Sec. 123. Report on detection of explosives at airline screening checkpoints.
Sec. 124. Report on comprehensive screening program.
Sec. 125. Relevant congressional committees defined.
Subtitle C--Border Security
Sec. 131. Counterterrorist travel intelligence.
Sec. 132. Comprehensive screening system.
Sec. 133. Biometric entry and exit data system.
Sec. 134. International collaboration on border and document security.
Sec. 135. Standardization of secure identification.
Sec. 136. Security enhancements for social security cards.
TITLE II--REFORMING THE INSTITUTIONS OF GOVERNMENT
Subtitle A--Intelligence Community
Sec. 201. Report on Director of National Intelligence.
Sec. 202. Report on National Counterterrorism Center.
Sec. 203. Report on creation of a Federal Bureau of Investigation national
security workforce.
Sec. 204. Report on new missions for the Director of the Central Intelligence
Agency.
Sec. 205. Report on incentives for information sharing.
Sec. 206. Report on Presidential leadership of national security institutions
in the information revolution.
Sec. 207. Homeland airspace defense.
Sec. 208. Semiannual Report on plans and strategies of United States Northern
Command for defense of the United States homeland.
Sec. 209. Relevant congressional committees defined.
Subtitle B--Civil Liberties and Executive Power
Sec. 211. Report on the balance between security and civil liberties.
Sec. 212. Privacy and Civil Liberties Oversight Board.
Sec. 213. Set privacy guidelines for Government sharing of personal information.
Sec. 214. Definition of relevant congressional committees for subtitle.
Subtitle C--Homeland Security Committees
Chapter 1--Homeland Security Oversight Reform in the Senate
subchapter a--intelligence oversight reform
Sec. 221. Intelligence oversight.
subchapter b--committee status
Sec. 231. Committee status.
subchapter c--intelligence-related subcommittees
Sec. 241. Subcommittee related to intelligence oversight.
Sec. 242. Subcommittee related to intelligence appropriations.
Chapter 2--Effective Date
Sec. 261. Effective date.
Subtitle D--Declassification of Overall Intelligence Budget
Sec. 271. Availability to public of certain intelligence funding information.
Subtitle E--Standardize Security Clearances
Sec. 282. Standardization of security clearances.
TITLE III--FOREIGN POLICY, PUBLIC DIPLOMACY, AND NONPROLIFERATION
Subtitle A--Foreign Policy
Sec. 301. Actions to ensure a long-term commitment to Afghanistan.
Sec. 302. Actions to support Pakistan against extremists.
Sec. 303. Actions to support reform in Saudi Arabia.
Sec. 304. Elimination of terrorist sanctuaries.
Sec. 305. Comprehensive coalition strategy against Islamist terrorism.
Sec. 306. Standards for the detention and humane treatment of captured
terrorists.
Sec. 307. Use of economic policies to combat terrorism.
Sec. 308. Actions to ensure vigorous efforts against terrorist financing.
Subtitle B--Public Diplomacy
Sec. 311. Public diplomacy responsibilities of the Department of State
and public diplomacy training of members of the Foreign Service.
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. 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. 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:
`(D) 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 not later
than December 31, 2007.'.
SEC. 102. REPORT ON ESTABLISHING A UNIFIED INCIDENT COMMAND SYSTEM.
(a) Report; Certification-
(1) IN GENERAL- Not later than 30 days after the date of 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.
(2) CONTENTS- Each report submitted under paragraph (1) shall include--
(A) a certification by the Secretary of Homeland Security that such
recommendations have been implemented and such policy goals have been
achieved; or
(B) if the Secretary of Homeland Security 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 Secretary of Homeland Security 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
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)(2)(A).
(c) GAO Review of Certification- If the Secretary of Homeland Security submits
a certification pursuant to subsection (a)(2)(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 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-
(1) IN GENERAL- Not later than 30 days after the date of 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.
(2) CONTENTS- Each report submitted under paragraph (1) shall include--
(A) a certification by the Secretary of Homeland Security that such
recommendations have been implemented and such policy goals have been
achieved; or
(B) if the Secretary of Homeland Security 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 Secretary of Homeland Security 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
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)(2)(A).
(c) GAO Review of Certification- If the Secretary of Homeland Security submits
a certification pursuant to subsection (a)(2)(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 subsection (a) have been implemented and whether
the policy goals described in subsection (a) have been achieved.
SEC. 104. PRIVATE SECTOR PREPAREDNESS.
Not later than 90 days after the date of enactment of this Act, the Comptroller
General of the United States shall submit to Congress--
(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 Oversight and 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 by adding at the end the following:
`TITLE XX--FUNDING FOR FIRST RESPONDERS
`SEC. 2001. DEFINITIONS.
`(1) BOARD- The term `Board' means the First Responder Grants Board established
under section 2004.
`(2) COVERED GRANT- The term `covered grant' means any grant to which
this title applies under section 2002.
`(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 1 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' has the
meaning given that term in 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 2 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 2 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 2005.
`(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. 2002. 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. 2003. 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 shall 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 to--
`(i) 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) use all Federal, State, and local resources available for the
purpose of addressing such needs; and
`(iii) 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) for a
State shall be developed in consultation with and subject to appropriate
comment by local governments and first responders within that 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 homeland security plan for that
State 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 shall 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 2006(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 2006(g)(2).
`(5) REGIONAL APPLICATIONS-
`(A) RELATIONSHIP TO STATE APPLICATIONS- A regional application shall--
`(i) be coordinated with an application submitted by the State or
States of which such region is a part;
`(ii) supplement and avoid duplication with such State application;
and
`(iii) 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 shall 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 not later than 30 days after the date
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-
`(i) IN GENERAL- If the Secretary approves a regional application,
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 day after the date of 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.
`(ii) MINIMUM- In no such case shall the State or States submitting
the applicable regional application under subparagraph (B) 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)(i) 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 2006(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 officials from Federal, State, local, and regional
governments and private entities within the region concerning terrorism
preparedness;
`(ii) develop a process for receiving input from officials from Federal,
State, local, and regional governments and private entities 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 officials from State, local,
and regional governments and private entities 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
shall 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 officials from Federal, State, local, and regional
governments and private entities concerning terrorism preparedness;
`(ii) develop a process for receiving input from officials from Federal,
State, local, and regional governments and private entities 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, and regional
governments 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 2006(g)(1), the tribe may request payment
under section 2006(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. 2004. 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--
`(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.
`(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 government officials in establishing
criteria for evaluating and prioritizing applications for covered grants.
`(2) CRITICAL INFRASTRUCTURE SECTORS-
`(A) IN GENERAL- The Board specifically shall consider threats of terrorism
against the following critical infrastructure sectors in all areas of
the United States, urban and rural:
`(i) Agriculture and food.
`(ii) Banking and finance.
`(iii) Chemical industries.
`(iv) The defense industrial base.
`(vii) Government facilities.
`(viii) Postal and shipping.
`(ix) Public health and health care.
`(x) Information technology.
`(xi) Telecommunications.
`(xii) Transportation systems.
`(xv) Commercial facilities.
`(xvi) National monuments and icons.
`(B) CONSTRUCTION- The order in which the critical infrastructure sectors
are listed in subparagraph (A) shall not be construed as an order of
priority for consideration of the importance of such sectors.
`(A) IN GENERAL- 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:
`(iii) Radiological threats.
`(iv) Incendiary threats.
`(ix) Any other threats based on proximity to specific past acts of
terrorism or the known activity of any terrorist group.
`(B) CONSTRUCTION- The order in which the types of threat are listed
in subparagraph (A) 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 not 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 2003(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 1 or both of the additional high-risk qualifying
criteria under paragraph (6) receives not 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 2003(c)(1)(D);
`(C) the Virgin Islands, American Samoa, Guam, and the Northern Mariana
Islands each receives not 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 2003(c)(1)(D); and
`(D) directly eligible tribes collectively receive not 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 subparagraph 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 2003(e)(6)(A) or
does not approve at least 1 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 2003(e)(5)(C) shall not
be considered in calculating the minimum State award under subsection (c)(5)
of this section.
`SEC. 2005. 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 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.
`(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 under paragraph (1) shall--
`(A) include a priority ranking of essential capabilities in order to
provide guidance to the Secretary and to 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.
`(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, 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 government officials with expertise in terrorism
preparedness, subject to the condition that if any such official is
an elected official representing 1 of the 2 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 1 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. 2006. 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, determines is 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;
`(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 GENERAL- 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) STATE OR LOCAL GOVERNMENT- 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 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.
`(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 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 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 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-
Not later than 30 days after the expiration of the period described in
paragraph (1) with respect to a grant, any State that receives a covered
grant shall certify to the Secretary that the State has made available
for expenditure by local governments, first responders, and other local
groups the required amount of grant funds under paragraph (1).
`(4) QUARTERLY REPORT ON HOMELAND SECURITY SPENDING-
`(A) IN GENERAL- The Federal share described in paragraph (2)(A) may
be increased by not more than 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.
`(B) CONTENTS- Each report under subparagraph (A) shall include, for
each recipient of a covered grant or a pass-through under paragraph
(1)--
`(i) the amount obligated to that recipient in that quarter;
`(ii) the amount expended by that recipient in that quarter; and
`(iii) a summary description of the items purchased by such recipient
with such amount.
`(5) ANNUAL REPORT ON HOMELAND SECURITY SPENDING-
`(A) IN GENERAL- Not later than 60 days after the end of each Federal
fiscal year, each recipient of a covered grant shall submit an annual
report to the Secretary. Each recipient of a covered grant that is a
region shall 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 shall simultaneously submit its report
to each State within the boundaries of which any part of such tribe
is located.
`(B) CONTENTS- Each report submitted under subparagraph (A) shall:
`(i) The amount, ultimate recipients, and dates of receipt of all
funds received under the grant during the previous fiscal year.
`(ii) 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.
`(iii) How the funds were utilized by each ultimate recipient or beneficiary
during the preceding fiscal year.
`(iv) 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.
`(v) 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 2003(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;
`(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 shall demonstrate that it--
`(i) is identified explicitly as an ultimate recipient or intended
beneficiary in the approved grant application;
`(ii) 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) 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) 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 shall not--
`(i) affect any payment to another local government under this paragraph;
and
`(ii) 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
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
`(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. 2007. NATIONAL STANDARDS FOR FIRST RESPONDER EQUIPMENT AND TRAINING.
`(a) Equipment Standards-
`(A) DEVELOPMENT AND PROMULGATION- 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 2005(e)(7).
`(2) CONTENTS- The standards described in paragraph (1) shall--
`(A) be, to the maximum extent practicable, consistent with any voluntary
consensus standards in existence on the date of enactment of this section;
`(B) take into account, as appropriate, new types of terrorism threats
that may not have been contemplated when such existing standards were
developed;
`(C) be focused on maximizing interoperability, interchangeability,
durability, flexibility, efficiency, efficacy, portability, sustainability,
and safety; and
`(D) cover all appropriate uses of the equipment.
`(3) 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.
`(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.
`(2) PRIORITY- The standards described in paragraph (1) 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).
`(3) REQUIRED CATEGORIES- In carrying out paragraph (1), the Secretary
specifically shall include the following categories of first responder
activities:
`(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.
`(4) CONSISTENCY- In carrying out this subsection, the Secretary shall
ensure that the standards described in paragraph (1) 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 government 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 (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.'.
(c) Technical and Conforming Amendments-
(1) IN GENERAL- The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.)
is amended--
(A) by redesignating title XVIII, as added by the SAFE Port Act (Public
Law 109-347; 120 Stat. 1884), as title XIX;
(B) by redesignating sections 1801 through 1806, as added by the SAFE
Port Act (Public Law 109-347; 120 Stat. 1884), as sections 1901 through
1906, respectively;
(C) in section 1904(a), as so redesignated, by striking `section 1802'
and inserting `section 1902'; and
(D) in section 1906, as so redesignated, by striking `section 1802(a)'
each place that term appears and inserting `section 1902(a)'.
(2) TABLE OF CONTENTS- The table of contents in section 1(b) of the Homeland
Security Act of 2002 (6 U.S.C. 101 note) is amended by striking the items
relating to title XVIII and sections 1801 through 1806, as added by the
SAFE Port Act (Public Law 109-347; 120 Stat. 1884), and inserting the
following:
`TITLE XIX--DOMESTIC NUCLEAR DETECTION OFFICE
`Sec. 1901. Domestic Nuclear Detection Office.
`Sec. 1902. Mission of Office.
`Sec. 1903. Hiring authority.
`Sec. 1904. Testing authority.
`Sec. 1905. Relationship to other Department entities and Federal agencies.
`Sec. 1906. Contracting and grant making authorities.
`TITLE XX--FUNDING FOR FIRST RESPONDERS
`Sec. 2002. Faster and Smarter Funding for First Responders.
`Sec. 2003. Covered grant eligibility and criteria.
`Sec. 2004. Risk-based evaluation and prioritization.
`Sec. 2005. Task Force on Terrorism Preparedness for First Responders.
`Sec. 2006. Use of funds and accountability requirements.
`Sec. 2007. National standards for first responder equipment and training.'.
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 submit
to Congress, in accordance with this section, reports--
(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 first responder training programs of the Department of Homeland Security
and other departments and agencies of the Federal Government training
programs;
(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 training courses
offered by entities other than the Department of Homeland Security that
are useful for antiterrorism 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
receiving 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 the report required under subsection (a)(1) by not later than
60 days after the date of 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 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 civil action for damages relating to personal
injuries, property damage or loss, or death caused, after the donation of
such equipment, by fire control or fire rescue equipment donated to a volunteer
fire company against the person that donated the equipment may not be brought
in any State or Federal court.
(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 not less than 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 is donated on or after the date
that is 30 days after the date of enactment of this Act.
Subtitle B--Transportation Security
SEC. 121. REPORT ON NATIONAL STRATEGY FOR TRANSPORTATION SECURITY.
(a) Report; Certification-
(1) IN GENERAL- Not later than 30 days after the date of 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.
(2) CONTENTS- Each report submitted under paragraph (1) shall include--
(A) a certification by the Secretary of Transportation that such recommendations
have been implemented and such policy goals have been achieved; or
(B) if the Secretary of Transportation 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 Secretary 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
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)(2)(A).
(c) GAO Review of Certification- If the Secretary of Transportation submits
a certification pursuant to subsection (a)(2)(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 subsection (a) have been implemented and whether
the policy goals described in subsection (a) have been achieved.
SEC. 122. REPORT ON AIRLINE PASSENGER PRESCREENING.
(a) Report; Certification-
(1) IN GENERAL- Not later than 30 days after the date of 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 prescreening.
(2) CONTENTS- Each report submitted under paragraph (1) shall include--
(A) a certification by the Secretary of Transportation that such recommendations
have been implemented and such policy goals have been achieved; or
(B) if the Secretary of Transportation 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 Secretary 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
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)(2)(A).
(c) GAO Review of Certification- If the Secretary of Transportation submits
a certification pursuant to subsection (a)(2)(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 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-
(1) IN GENERAL- Not later than 30 days after the date of 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.
(2) CONTENTS- Each report submitted under paragraph (1) shall include--
(A) a certification by the Secretary of Transportation that such recommendations
have been implemented and such policy goals have been achieved; or
(B) if the Secretary of Transportation 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 Secretary 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
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)(2)(A).
(c) GAO Review of Certification- If the Secretary of Transportation submits
a certification pursuant to subsection (a)(2)(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 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-
(1) IN GENERAL- Not later than 30 days after the date of 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.
(2) CONTENTS- Each report submitted under paragraph (1) shall include--
(A) a certification by the Secretary of Transportation that such recommendations
have been implemented and such policy goals have been achieved; or
(B) if the Secretary of Transportation 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 Secretary 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
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)(2)(A).
(c) GAO Review of Certification- If the Secretary of Transportation submits
a certification pursuant to subsection (a)(2)(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 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 Oversight and 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-
(1) IN GENERAL- Not later than 30 days after the date of 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.
(2) CONTENTS- Each report submitted under paragraph (1) shall include--
(A) a certification that such recommendations have been implemented
and such policy goals have been achieved; or
(B) if the Director of the National Counterterrorism Center 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 such recommendations are expected to be implemented and
such policy goals to be achieved; and
(iii) 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 Director submits a certification pursuant to subsection (a)(2)(A).
(c) GAO Review of Certification- If the Director of the National Counterterrorism
submits a certification pursuant to subsection (a)(2)(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 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 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-
(1) IN GENERAL- Not later than 30 days after the date of 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).
(2) CONTENTS- Each report submitted under paragraph (1) shall include--
(A) a certification that such recommendations have been implemented
and such policy goals have been achieved; or
(B) if the Secretary of Homeland Security or the Secretary of Transportation,
as the case may be, 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 such recommendations are expected to be implemented and
such policy goals to be achieved; and
(iii) 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)(2)(A). 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)(2)(A).
(c) GAO Review of Certification- Not later than 30 days after the later
of the date of submission of a certification under subsection (a)(2)(A)
by the Secretary of Homeland Security and the submission of such a certification
by the Secretary of Transportation, 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 following:
(1) The Committee on Homeland Security of the House of Representatives.
(2) The Committee on Oversight and 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-
(1) IN GENERAL- Not later than 30 days after the date of 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.
(2) CONTENTS- Each report submitted under paragraph (1) shall include--
(A) a certification that such recommendations have been implemented
and such policy goals have been achieved; or
(B) if the Secretary of Homeland Security 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 such recommendations are expected to be implemented and
such policy goals to be achieved; and
(iii) 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)(2)(A).
(c) GAO Review of Certification- If the Secretary of Homeland Security submits
a certification pursuant to subsection (a)(2)(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 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 following:
(1) The Committee on Homeland Security of the House of Representatives.
(2) The Committee on Oversight and 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-
(1) IN GENERAL- Not later than 30 days after the date of 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.
(2) CONTENTS- Each report submitted under paragraph (1) shall include--
(A) a certification that such recommendations have been implemented
and such policy goals have been achieved; or
(B) if the Secretary of Homeland Security or the Secretary of State,
as the case may be, 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 such recommendations are expected to be implemented and
such policy goals to be achieved; and
(iii) 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)(2)(A). 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)(2)(A).
(c) GAO Review of Certification- Not later than 30 days after the later
of the date of submission of a certification under subsection (a)(2)(A)
by the Secretary of Homeland Security and the submission of such a certification
by the Secretary of State, 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 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 enactment of this Act.
(f) Relevant Congressional Committees- For purposes of this section, the
term `relevant congressional committees' means the following:
(1) The Committee on Homeland Security of the House of Representatives.
(2) The Committee on Oversight and Government Reform of the House of Representatives.
(3) The Committee on the Foreign Affairs 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-
(1) IN GENERAL- Not later than 30 days after the date of 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.
(2) CONTENTS- Each report submitted under paragraph (1) shall include--
(A) a certification that such recommendations have been implemented
and such policy goals have been achieved; or
(B) if the Secretary of Homeland Security or the Secretary of Health
and Human Services, as the case may be, 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 such recommendations are expected to be implemented and
such policy goals to be achieved; and
(iii) 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)(2)(A); 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)(2)(A).
(c) GAO Review of Certification- Not later than 30 days after the later
of the date of submission of a certification under subsection (a)(2)(A)
by the Secretary of Homeland Security and the submission of such a certification
by the Secretary of Health and Human Services, 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 following:
(1) The Committee on Homeland Security of the House of Representatives.
(2) The Committee on Oversight and 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-
(1) IN GENERAL- Not later than 30 days after the date of 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)).
(2) CONTENTS- Each report submitted under paragraph (1) shall include--
(A) a certification that such recommendations have been implemented
and such policy goals have been achieved; or
(B) if the Commissioner of Social Security 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 such recommendations are expected to be implemented and
such policy goals to be achieved; and
(iii) 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)(2)(A).
(c) GAO Review of Certification- If the Commissioner of Social Security
submits a certification pursuant to subsection (a)(2)(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 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 following:
(1) The Committee on Homeland Security of the House of Representatives.
(2) The Committee on Oversight and 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-
(1) IN GENERAL- Not later than 30 days after the date of 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.
(2) CONTENTS- Each report submitted under paragraph (1) shall include--
(A) a certification by the Director of National Intelligence that such
recommendations have been implemented and such policy goals have been
achieved; or
(B) if the Director of National Intelligence 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 Director of National Intelligence 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
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)(2)(A).
(c) GAO Review of Certification- If the Director of National Intelligence
submits a certification pursuant to subsection (a)(2)(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 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 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-
(1) IN GENERAL- Not later than 30 days after the date of 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.
(2) CONTENTS- Each report submitted under paragraph (1) shall include--
(A) a certification by the Director of National Intelligence that such
recommendations have been implemented and such policy goals have been
achieved; or
(B) if the Director of National Intelligence 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 Director of National Intelligence 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
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)(2)(A).
(c) GAO Review of Certification- If the Director of National Intelligence
submits a certification pursuant to subsection (a)(2)(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 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-
(1) IN GENERAL- Not later than 30 days after the date of 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.
(2) CONTENTS- Each report submitted under paragraph (1) shall include--
(A) 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
(B) if the Director of the Federal Bureau of Investigation 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 Director of the Federal Bureau of Investigation 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
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)(2)(A).
(c) GAO Review of Certification- If the Director of the Federal Bureau of
Investigation submits a certification pursuant to subsection (a)(2)(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 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 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-
(1) IN GENERAL- Not later than 30 days after the date of 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.
(2) CONTENTS- Each report submitted under paragraph (1) shall include--
(A) a certification by the Director of National Intelligence that such
recommendations have been implemented and such policy goals have been
achieved; or
(B) if the Director of National Intelligence 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 Director of National Intelligence 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
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)(2)(A).
(c) GAO Review of Certification- If the Director of National Intelligence
submits a certification pursuant to subsection (a)(2)(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 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 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-
(1) IN GENERAL- Not later than 30 days after the date of 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.
(2) CONTENTS- Each report submitted under paragraph (1) shall include--
(A) 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
(B) if the Director of the Office of Management and Budget 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 Director of National Intelligence 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
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)(2)(A).
(c) GAO Review of Certification- If the Director of the Office of Management
and Budget submits a certification pursuant to subsection (a)(2)(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 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-
(1) IN GENERAL- Not later than 30 days after the date of 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.
(2) CONTENTS- Each report submitted under paragraph (1) shall include--
(A) 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
(B) if the Director of the Office of Management and Budget 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 Director of the Office of Management and Budget 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
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)(2)(A).
(c) GAO Review of Certification- If the Director of the Office of Management
and Budget submits a certification pursuant to subsection (a)(2)(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 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 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 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 Oversight and
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-
(1) IN GENERAL- Not later than 30 days after the date of 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.
(2) CONTENTS- Each report submitted under paragraph (1) 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.
(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)(2)(A).
(c) GAO Review of Certification- If the Attorney General submits a certification
pursuant to subsection (a)(2)(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 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 (5 U.S.C. 601 note) 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 (5 U.S.C. 601 note) is amended
to read as follows:
`(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 6 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 2, 3, 4, 5, and 6 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 (5 U.S.C. 601 note) 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 (5 U.S.C. 601 note) is amended
to read as follows:
`(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 (Public Law 108-458; 118 Stat.
3688) 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.
`(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 Committee
on the Judiciary of the Senate and the Committee on the Judiciary of
the House of Representatives, the Committee on Homeland Security and
Governmental Affairs of the Senate, the Committee on Oversight and 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-
(A) IN GENERAL- Not later than 30 days after the date of enactment of
this Act, and every 30 days thereafter, the Attorney General shall submit
to the relevant congressional committees a report 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.
(B) CONTENTS- Each report submitted under subparagraph (A) shall include--
(i) a certification by the Attorney General that such recommendations
have been implemented and such policy goals have been achieved; or
(ii) if the Attorney General is unable to make the certification described
in clause (i), 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)(B)(i).
(3) GAO REVIEW OF CERTIFICATION- If the Attorney General submits a certification
pursuant to paragraph (1)(B)(i), 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.
(1) IN GENERAL- Not later than 30 days after the date of enactment of
this Act, and every 30 days thereafter, the Attorney General shall submit
to the relevant congressional committees a report 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.
(2) CONTENTS- Each report submitted under paragraph (1) 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.
(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)(2)(A).
(c) GAO Review of Certification- If the Attorney General submits a certification
pursuant to subsection (a)(2)(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 subsection (a) 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 Oversight
and Government Reform of the House of Representatives, the Committee on
Homeland Security and Governmental Affairs of the Senate, the Committee
on the Judiciary of the Senate, the Committee on the Judiciary 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.
Subtitle C--Homeland Security Committees
CHAPTER 1--HOMELAND SECURITY OVERSIGHT REFORM IN THE SENATE
Subchapter A--Intelligence Oversight Reform
SEC. 221. 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 B--Committee Status
SEC. 231. COMMITTEE STATUS.
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 C--Intelligence-Related Subcommittees
SEC. 241. SUBCOMMITTEE RELATED TO INTELLIGENCE OVERSIGHT.
(a) Establishment- There is established in the Select Committee on Intelligence
of the Senate 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. 242. SUBCOMMITTEE RELATED TO INTELLIGENCE APPROPRIATIONS.
(a) Establishment- There is established in the Committee on Appropriations
of the Senate 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 2--EFFECTIVE DATE
SEC. 261. EFFECTIVE DATE.
This subtitle shall take effect on the convening of the 111th Congress.
Subtitle D--Declassification of Overall Intelligence Budget
SEC. 271. 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-
(1) IN GENERAL- Not later than 30 days after the date of 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.
(2) CONTENTS- Each report submitted under paragraph (1) shall include--
(A) 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
(B) if the Director of the Office of Personnel Management 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 Director of the Office of Personnel Management 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
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)(2)(A).
(c) GAO Review of Certification- If the Director of the Office of Personnel
Management submits a certification pursuant to subsection (a)(2)(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 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-
(1) IN GENERAL- Not later than 30 days after the date of 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.
(2) CONTENTS- Each report submitted under paragraph (1) shall include--
(A) a certification by the President that such recommendations have
been implemented and such policy goals have been achieved; or
(B) if the President 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 President 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
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)(2)(A).
(d) GAO Review of Certification- If the President submits a certification
pursuant to subsection (b)(2)(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 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 Foreign Affairs and the Committee on Oversight and
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 5 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 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-
(1) IN GENERAL- Not later than 30 days after the date of 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.
(2) CONTENTS- Each report submitted under paragraph (1) shall include--
(A) a certification by the Secretary of State that such recommendations
have been implemented and such policy goals have been achieved; or
(B) if the Secretary of State 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 Secretary of State 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
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)(2)(A).
(d) GAO Review of Certification- If the Secretary of State submits a certification
pursuant to subsection (b)(2)(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 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 Foreign Affairs and the Committee on Oversight and
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 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-
(1) IN GENERAL- Not later than 30 days after the date of 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.
(2) CONTENTS- Each report submitted under paragraph (1) shall include--
(A) a certification by the Secretary of State that such recommendations
have been implemented and such policy goals have been achieved; or
(B) if the Secretary of State 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 Secretary of State 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
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)(2)(A).
(d) GAO Review of Certification- If the Secretary of State submits a certification
pursuant to subsection (b)(2)(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 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 Foreign Affairs and the Committee on Oversight and
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-
(1) IN GENERAL- Not later than 30 days after the date of 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).
(2) CONTENTS- Each report submitted under paragraph (1) shall include--
(A) a certification by the Secretary of State that such recommendations
have been implemented and such policy goals have been achieved; or
(B) if the Secretary of State 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 Secretary of State 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
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)(2)(A).
(c) GAO Review of Certification- If the Secretary of State submits a certification
pursuant to subsection (a)(2)(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 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 Foreign Affairs, the Committee on Armed Services,
and the Committee on Oversight and 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-
(1) IN GENERAL- Not later than 30 days after the date of 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.
(2) CONTENTS- Each report submitted under paragraph (1) shall include--
(A) 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
(B) if the Secretary of State 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 Secretary of State 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
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)(2)(A).
(c) GAO Review of Certification- If the Secretary of State submits a certification
pursuant to subsection (a)(2)(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 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 Foreign Affairs and the Committee on Oversight and
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.
(1) IN GENERAL- 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.
(2) CONTENTS- Each report submitted under paragraph (1) shall include--
(A) information on the effectiveness of each country in meeting its
standards against money laundering;
(B) a determination of whether that the efforts of that country to combat
money laundering and terrorist financing are adequate, improving, or
inadequate; and
(C) 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 Oversight
and 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-
(1) IN GENERAL- Not later than 30 days after the date of 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.
(2) CONTENTS- Each report submitted under paragraph (1) shall include--
(A) a certification by the Secretary of State that such recommendations
have been implemented and such policy goals have been achieved; or
(B) if the Secretary of State 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 Secretary of State 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
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)(2)(A).
(c) GAO Review of Certification- If the Secretary of State submits a certification
pursuant to subsection (a)(2)(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 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 Foreign Affairs and the Committee on Oversight and
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 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 Foreign Affairs and the Committee on Oversight and
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-
(1) IN GENERAL- Not later than 30 days after the date of 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.
(2) CONTENTS- Each report submitted under paragraph (1) shall include--
(A) a certification by the Secretary of State that such recommendations
have been implemented and such policy goals have been achieved; or
(B) if the Secretary of State 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 Secretary of State 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
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)(2)(A).
(c) GAO Review of Certification- If the Secretary of State submits a certification
pursuant to subsection (a)(2)(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 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 Foreign Affairs and the Committee on Oversight and
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 2008
and 2009 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 2007'.
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 1 subcritical piece of highly enriched uranium
from 1 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 2 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, United
States Code, The President is authorized to appoint not more than 4 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, describing
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--
(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 2008, $50,000,000
to conduct joint training exercises regarding interdiction of weapons of
mass destruction under the Proliferation Security Initiative with particular
emphasis 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 2008, $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 enactment of this Act, the Secretary
of Defense shall submit to the appropriate congressional committees a report
on Russia's non-strategic nuclear weapons that 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--
(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.
(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 2008 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.
(A) IN GENERAL- Amounts authorized to be appropriated by paragraph (1)
are authorized to remain available until expended.
(B) TRANSFERRED AMOUNTS- 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 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.
(1) APPROPRIATE CONGRESSIONAL COMMITTEES- The term `appropriate congressional
committees' means--
(A) the Committee on Foreign Affairs, 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).
END
