[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3456 Introduced in Senate (IS)]








109th CONGRESS
  2d Session
                                S. 3456

  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

                              June 6, 2006

 Mr. Menendez 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. 111. Short title.
Sec. 112. Findings.
Sec. 113. Faster and Smarter Funding for First Responders.
Sec. 114. Superseded provision.
Sec. 115. Oversight.
Sec. 116. GAO report on an inventory and status of Homeland Security 
                            first responder training.
Sec. 117. Removal of civil liability barriers that discourage the 
                            donation of fire equipment to volunteer 
                            fire companies.
                  Subtitle B--Transportation Security

Sec. 121. Report on national strategy for transportation security.
Sec. 122. Report on airline passenger pre-screening.
Sec. 123. Report on detection of explosives at airline screening 
                            checkpoints.
Sec. 124. Report on comprehensive screening program.
Sec. 125. Relevant congressional committees defined.
                      Subtitle C--Border Security

Sec. 131. Counterterrorist travel intelligence.
Sec. 132. Comprehensive screening system.
Sec. 133. Biometric entry and exit data system.
Sec. 134. International collaboration on border and document security.
Sec. 135. Standardization of secure identification.
Sec. 136. Security enhancements for social security cards.
           TITLE II--REFORMING THE INSTITUTIONS OF GOVERNMENT

                   Subtitle A--Intelligence Community

Sec. 201. Report on director of national intelligence.
Sec. 202. Report on national counterterrorism center.
Sec. 203. Report on creation of a Federal Bureau of Investigation 
                            national security workforce.
Sec. 204. Report on new missions for the Director of the Central 
                            Intelligence Agency.
Sec. 205. Report on incentives for information sharing.
Sec. 206. Report on Presidential leadership of national security 
                            institutions in the information revolution.
Sec. 207. Homeland airspace defense.
Sec. 208. Semiannual report on plans and strategies of United States 
                            Northern Command for defense of the United 
                            States homeland.
Sec. 209. Relevant congressional committees defined.
            Subtitle B--Civil Liberties and Executive Power

Sec. 211. Report on the balance between security and civil liberties.
Sec. 212. Privacy and civil liberties oversight board.
Sec. 213. Set privacy guidelines for Government sharing of personal 
                            information.
Sec. 214. Definition of relevant congressional committees for subtitle.
                Subtitle C--Homeland Security Committees

  Chapter 1--Homeland Security Reform in the House of Representatives

Sec. 221. Committee on Homeland Security.
Sec. 222. Committee on Intelligence.
Sec. 223. Subcommittee limitation on Committee on Appropriations.
Sec. 224. Membership on Committee on Appropriations.
Sec. 225. Conforming amendments.
      Chapter 2--Homsubchapter a--homeland security in the Senate
Sec. 231. Homesubchapter b--intelligence oversight reform
Sec. 241. Intelligencsubchapter c--committee status
Sec. 251. Cosubchapter d--intelligence-related subcommittees
Sec. 261. Subcommittee related to intelligence oversight.
Sec. 262. Subcommittee related to intelligence appropriations.
                       Chapter 3--Effective Date

Sec. 271. Effective date.
      Subtitle D--Declassification of Overall Intelligence Budget

Sec. 281. Availability to public of certain intelligence funding 
                            information.
              Subtitle E--Standardize Security Clearances

Sec. 282. Standardization of security clearances.
   TITLE III--FOREIGN POLICY, PUBLIC DIPLOMACY, AND NONPROLIFERATION

                       Subtitle A--Foreign Policy

Sec. 301. Actions to ensure a long-term commitment to Afghanistan.
Sec. 302. Actions to support Pakistan against extremists.
Sec. 303. Actions to support reform in Saudi Arabia.
Sec. 304. Elimination of terrorist sanctuaries.
Sec. 305. Comprehensive coalition strategy against Islamist terrorism.
Sec. 306. Standards for the detention and humane treatment of captured 
                            terrorists.
Sec. 307. Use of economic policies to combat terrorism.
Sec. 308. Actions to ensure vigorous efforts against terrorist 
                            financing.
                      Subtitle B--Public Diplomacy

Sec. 311. Public diplomacy responsibilities of the Department of State 
                            and public diplomacy training of members of 
                            the Foreign Service.
Sec. 312. International broadcasting.
Sec. 313. Expansion of United States scholarship, exchange, and library 
                            programs in the Islamic world.
Sec. 314. International Youth Opportunity Fund.
                      Subtitle C--Nonproliferation

Sec. 321. Short title.
Sec. 322. Findings.
Sec. 323. Establishment of Office of Nonproliferation Programs in the 
                            Executive Office of the President.
Sec. 324. Removal of restrictions on Cooperative Threat Reduction 
                            programs.
Sec. 325. Removal of restrictions on Department of Energy 
                            nonproliferation programs.
Sec. 326. Modifications of authority to use Cooperative Threat 
                            Reduction program funds outside the former 
                            Soviet Union.
Sec. 327. Modifications of authority to use International Nuclear 
                            Materials Protection and Cooperation 
                            program funds outside the former Soviet 
                            Union.
Sec. 328. Special reports on adherence to arms control agreements and 
                            nonproliferation commitments.
Sec. 329. Presidential report on impediments to certain 
                            nonproliferation activities.
Sec. 330. Enhancement of Global Threat Reduction Initiative.
Sec. 331. Expansion of Proliferation Security Initiative.
Sec. 332. Sense of Congress relating to international security 
                            standards for nuclear weapons and 
                            materials.
Sec. 333. Authorization of appropriations relating to inventory of 
                            Russian tactical nuclear warheads and data 
                            exchanges.
Sec. 334. Report on accounting for and securing of Russia's non-
                            strategic nuclear weapons.
Sec. 335. Research and development involving alternative use of weapons 
                            of mass destruction expertise.
Sec. 336. Strengthening the Nuclear Nonproliferation Treaty.
Sec. 337. Definitions.

SEC. 2. DEFINITION; 9/11 COMMISSION.

    In this Act, the term ``9/11 Commission'' means the National 
Commission on Terrorist Attacks Upon the United States.

    TITLE I--HOMELAND SECURITY, EMERGENCY PREPAREDNESS AND RESPONSE

            Subtitle A--Emergency Preparedness and Response

                   CHAPTER 1--EMERGENCY PREPAREDNESS

SEC. 101. ADEQUATE RADIO SPECTRUM FOR FIRST RESPONDERS.

    (a) Short Title.--This chapter may be cited as the ``Homeland 
Emergency Response Operations Act'' or the ``HERO Act''.
    (b) Prevention of Delay in Reassignment of 24 Megahertz for Public 
Safety Purposes.--Section 309(j)(14) of the Communications Act of 1934 
(47 U.S.C. 309(j)(14)) is amended by adding at the end the following 
new subparagraph:
                    ``(E) Extensions not permitted for channels (63, 
                64, 68 and 69) reassigned for public safety services.--
                Notwithstanding subparagraph (B), the Commission shall 
                not grant any extension under such subparagraph from 
                the limitation of subparagraph (A) with respect to the 
                frequencies assigned, pursuant to section 337(a)(1), 
                for public safety services. The Commission shall take 
                all actions necessary to complete assignment of the 
                electromagnetic spectrum between 764 and 776 megahertz, 
                inclusive, and between 794 and 806 megahertz, 
                inclusive, for public safety services and to permit 
                operations by public safety services on those 
                frequencies commencing no later than January 1, 
                2007.''.

SEC. 102. REPORT ON ESTABLISHING A UNIFIED INCIDENT COMMAND SYSTEM.

    (a) Report; Certification.--Not later than 30 days after the date 
of the enactment of this Act, and every 30 days thereafter, the 
Secretary of Homeland Security shall submit to the relevant 
congressional committees a report on the recommendations of the 9/11 
Commission and the policy goals of the Intelligence Reform and 
Terrorism Prevention Act of 2004 (Public Law 108-458) with respect to 
establishing a unified incident command system. Such report shall 
include--
            (1) a certification by the Secretary of Homeland Security 
        that such recommendations have been implemented and such policy 
        goals have been achieved; or
            (2) if the Secretary of Homeland Security is unable to make 
        the certification described in paragraph (1), a description 
        of--
                    (A) the steps taken to implement such 
                recommendations and achieve such policy goals;
                    (B) when the Secretary of Homeland Security expects 
                such recommendations to be implemented and such policy 
                goals to be achieved; and
                    (C) any allocation of resources or other actions by 
                Congress the Director considers necessary to implement 
                such recommendations and achieve such policy goals.
    (b) Termination of Duty to Report.--The duty to submit a report 
under subsection (a) shall terminate when the Secretary of Homeland 
Security submits a certification pursuant to subsection (a)(1).
    (c) GAO Review of Certification.--If the Secretary of Homeland 
Security submits a certification pursuant to subsection (a)(1), not 
later than 30 days after the submission of such certification, the 
Comptroller General shall submit to the relevant congressional 
committees a report on whether the recommendations described in 
subsection (a) have been implemented and whether the policy goals 
described in subsection (a) have been achieved.

SEC. 103. REPORT ON COMPLETING A NATIONAL CRITICAL INFRASTRUCTURE RISK 
              AND VULNERABILITIES ASSESSMENT.

    (a) Report; Certification.--Not later than 30 days after the date 
of the enactment of this Act, and every 30 days thereafter, the 
Secretary of Homeland Security shall submit to the relevant 
congressional committees a report on the recommendations of the 9/11 
Commission and the policy goals of the Intelligence Reform and 
Terrorism Prevention Act of 2004 (Public Law 108-458) with respect to 
completing a national critical infrastructure risk and vulnerabilities 
assessment. Such report shall include--
            (1) a certification by the Secretary of Homeland Security 
        that such recommendations have been implemented and such policy 
        goals have been achieved; or
            (2) if the Secretary of Homeland Security is unable to make 
        the certification described in paragraph (1), a description 
        of--
                    (A) the steps taken to implement such 
                recommendations and achieve such policy goals;
                    (B) when the Secretary of Homeland Security expects 
                such recommendations to be implemented and such policy 
                goals to be achieved; and
                    (C) any allocation of resources or other actions by 
                Congress the Director considers necessary to implement 
                such recommendations and achieve such policy goals.
    (b) Termination of Duty to Report.--The duty to submit a report 
under subsection (a) shall terminate when the Secretary of Homeland 
Security submits a certification pursuant to subsection (a)(1).
    (c) GAO Review of Certification.--If the Secretary of Homeland 
Security submits a certification pursuant to subsection (a)(1), not 
later than 30 days after the submission of such certification, the 
Comptroller General shall submit to the relevant congressional 
committees a report on whether the recommendations described in 
subsection (a) have been implemented and whether the policy goals 
described in subsection (a) have been achieved.

SEC. 104. PRIVATE SECTOR PREPAREDNESS.

    The Comptroller General of the United States shall submit to the 
Congress by not later than 90 days after the date of the enactment of 
this Act--
            (1) a determination of what has been done to enhance 
        private sector preparedness for terrorist attack; and
            (2) recommendations of any additional congressional action 
        or administrative action that is necessary to enhance such 
        preparedness.

SEC. 105. RELEVANT CONGRESSIONAL COMMITTEES DEFINED.

    In this chapter, the term ``relevant congressional committees'' 
means the Committee on Homeland Security, the Committee on Government 
Reform, and the Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Homeland Security and 
Government Affairs and the Committee on Environment and Public Works of 
the Senate.

               CHAPTER 2--ASSISTANCE FOR FIRST RESPONDERS

SEC. 111. SHORT TITLE.

    This chapter may be cited as the ``Faster and Smarter Funding for 
First Responders Act of 2005''.

SEC. 112. FINDINGS.

    The Congress finds the following:
            (1) In order to achieve its objective of preventing, 
        minimizing the damage from, and assisting in the recovery from 
        terrorist attacks, the Department of Homeland Security must 
        play a leading role in assisting communities to reach the level 
        of preparedness they need to prevent and respond to a terrorist 
        attack.
            (2) First responder funding is not reaching the men and 
        women of our Nation's first response teams quickly enough, and 
        sometimes not at all.
            (3) To reform the current bureaucratic process so that 
        homeland security dollars reach the first responders who need 
        it most, it is necessary to clarify and consolidate the 
        authority and procedures of the Department of Homeland Security 
        that support first responders.
            (4) Ensuring adequate resources for the new national 
        mission of homeland security, without degrading the ability to 
        address effectively other types of major disasters and 
        emergencies, requires a discrete and separate grant making 
        process for homeland security funds for first response to 
        terrorist acts, on the one hand, and for first responder 
        programs designed to meet pre-September 11 priorities, on the 
        other.
            (5) While a discrete homeland security grant making process 
        is necessary to ensure proper focus on the unique aspects of 
        terrorism preparedness, it is essential that State and local 
        strategies for utilizing such grants be integrated, to the 
        greatest extent practicable, with existing State and local 
        emergency management plans.
            (6) Homeland security grants to first responders must be 
        based on the best intelligence concerning the capabilities and 
        intentions of our terrorist enemies, and that intelligence must 
        be used to target resources to the Nation's greatest threats, 
        vulnerabilities, and consequences.
            (7) The Nation's first response capabilities will be 
        improved by sharing resources, training, planning, personnel, 
        and equipment among neighboring jurisdictions through mutual 
        aid agreements and regional cooperation. Such regional 
        cooperation should be supported, where appropriate, through 
        direct grants from the Department of Homeland Security.
            (8) An essential prerequisite to achieving the Nation's 
        homeland security objectives for first responders is the 
        establishment of well-defined national goals for terrorism 
        preparedness. These goals should delineate the essential 
        capabilities that every jurisdiction in the United States 
        should possess or to which it should have access.
            (9) A national determination of essential capabilities is 
        needed to identify levels of State and local government 
        terrorism preparedness, to determine the nature and extent of 
        State and local first responder needs, to identify the human 
        and financial resources required to fulfill them, to direct 
        funding to meet those needs, and to measure preparedness levels 
        on a national scale.
            (10) To facilitate progress in achieving, maintaining, and 
        enhancing essential capabilities for State and local first 
        responders, the Department of Homeland Security should seek to 
        allocate homeland security funding for first responders to meet 
        nationwide needs.
            (11) Private sector resources and citizen volunteers can 
        perform critical functions in assisting in preventing and 
        responding to terrorist attacks, and should be integrated into 
        State and local planning efforts to ensure that their 
        capabilities and roles are understood, so as to provide 
        enhanced State and local operational capability and surge 
        capacity.
            (12) Public-private partnerships, such as the partnerships 
        between the Business Executives for National Security and the 
        States of New Jersey and Georgia, can be useful to identify and 
        coordinate private sector support for State and local first 
        responders. Such models should be expanded to cover all States 
        and territories.
            (13) An important aspect of terrorism preparedness is 
        measurability, so that it is possible to determine how prepared 
        a State or local government is now, and what additional steps 
        it needs to take, in order to prevent, prepare for, respond to, 
        mitigate against, and recover from acts of terrorism.
            (14) The Department of Homeland Security should establish, 
        publish, and regularly update national voluntary consensus 
        standards for both equipment and training, in cooperation with 
        both public and private sector standard setting organizations, 
        to assist State and local governments in obtaining the 
        equipment and training to attain the essential capabilities for 
        first response to acts of terrorism, and to ensure that first 
        responder funds are spent wisely.

SEC. 113. FASTER AND SMARTER FUNDING FOR FIRST RESPONDERS.

    (a) In General.--The Homeland Security Act of 2002 (Public Law 107-
296; 6 U.S.C. 361 et seq.) is amended--
            (1) in section 1(b) in the table of contents by adding at 
        the end the following:

              ``TITLE XVIII--FUNDING FOR FIRST RESPONDERS

``Sec. 1801. Definitions.
``Sec. 1802. Faster and Smarter Funding for First Responders.
``Sec. 1803. Covered grant eligibility and criteria.
``Sec. 1804. Risk-based evaluation and prioritization.
``Sec. 1805. Task Force on Terrorism Preparedness for First Responders.
``Sec. 1806. Use of funds and accountability requirements.
``Sec. 1807. National standards for first responder equipment and 
                            training.''.
            (2) by adding at the end the following:

              ``TITLE XVIII--FUNDING FOR FIRST RESPONDERS

``SEC. 1801. DEFINITIONS.

    ``In this title:
            ``(1) Board.--The term `Board' means the First Responder 
        Grants Board established under section 1804.
            ``(2) Covered grant.--The term `covered grant' means any 
        grant to which this title applies under section 1802.
            ``(3) Directly eligible tribe.--The term `directly eligible 
        tribe' means any Indian tribe or consortium of Indian tribes 
        that--
                    ``(A) meets the criteria for inclusion in the 
                qualified applicant pool for Self-Governance that are 
                set forth in section 402(c) of the Indian Self-
                Determination and Education Assistance Act (25 U.S.C. 
                458bb(c));
                    ``(B) employs at least 10 full-time personnel in a 
                law enforcement or emergency response agency with the 
                capacity to respond to calls for law enforcement or 
                emergency services; and
                    ``(C)(i) is located on, or within 5 miles of, an 
                international border or waterway;
                    ``(ii) is located within 5 miles of a facility 
                designated as high-risk critical infrastructure by the 
                Secretary;
                    ``(iii) is located within or contiguous to one of 
                the 50 largest metropolitan statistical areas in the 
                United States; or
                    ``(iv) has more than 1,000 square miles of Indian 
                country, as that term is defined in section 1151 of 
                title 18, United States Code.
            ``(4) Elevations in the threat alert level.--The term 
        `elevations in the threat alert level' means any designation 
        (including those that are less than national in scope) that 
        raises the homeland security threat level to either the highest 
        or second highest threat level under the Homeland Security 
        Advisory System referred to in section 201(d)(7).
            ``(5) Emergency preparedness.--The term `emergency 
        preparedness' shall have the same meaning that term has under 
        section 602 of the Robert T. Stafford Disaster Relief and 
        Emergency Assistance Act (42 U.S.C. 5195a).
            ``(6) Essential capabilities.--The term `essential 
        capabilities' means the levels, availability, and competence of 
        emergency personnel, planning, training, and equipment across a 
        variety of disciplines needed to effectively and efficiently 
        prevent, prepare for, respond to, and recover from acts of 
        terrorism consistent with established practices.
            ``(7) First responder.--The term `first responder' shall 
        have the same meaning as the term `emergency response 
        provider'.
            ``(8) Indian tribe.--The term `Indian tribe' means any 
        Indian tribe, band, nation, or other organized group or 
        community, including any Alaskan Native village or regional or 
        village corporation as defined in or established pursuant to 
        the Alaskan Native Claims Settlement Act (43 U.S.C. 1601 et 
        seq.), which is recognized as eligible for the special programs 
        and services provided by the United States to Indians because 
        of their status as Indians.
            ``(9) Region.--The term `region' means--
                    ``(A) any geographic area consisting of all or 
                parts of 2 or more contiguous States, counties, 
                municipalities, or other local governments that have a 
                combined population of at least 1,650,000 or have an 
                area of not less than 20,000 square miles, and that, 
                for purposes of an application for a covered grant, is 
                represented by 1 or more governments or governmental 
                agencies within such geographic area, and that is 
                established by law or by agreement of 2 or more such 
                governments or governmental agencies in a mutual aid 
                agreement; or
                    ``(B) any other combination of contiguous local 
                government units (including such a combination 
                established by law or agreement of two or more 
                governments or governmental agencies in a mutual aid 
                agreement) that is formally certified by the Secretary 
                as a region for purposes of this title with the consent 
                of--
                            ``(i) the State or States in which they are 
                        located, including a multi-State entity 
                        established by a compact between two or more 
                        States; and
                            ``(ii) the incorporated municipalities, 
                        counties, and parishes that they encompass.
            ``(10) Task force.--The term `Task Force' means the Task 
        Force on Terrorism Preparedness for First Responders 
        established under section 1805.
            ``(11) Terrorism preparedness.--The term `terrorism 
        preparedness' means any activity designed to improve the 
        ability to prevent, prepare for, respond to, mitigate against, 
        or recover from threatened or actual terrorist attacks.

``SEC. 1802. FASTER AND SMARTER FUNDING FOR FIRST RESPONDERS.

    ``(a) Covered Grants.--This title applies to grants provided by the 
Department to States, regions, or directly eligible tribes for the 
primary purpose of improving the ability of first responders to 
prevent, prepare for, respond to, mitigate against, or recover from 
threatened or actual terrorist attacks, especially those involving 
weapons of mass destruction, administered under the following:
            ``(1) State homeland security grant program.--The State 
        Homeland Security Grant Program of the Department, or any 
        successor to such grant program.
            ``(2) Urban area security initiative.--The Urban Area 
        Security Initiative of the Department, or any successor to such 
        grant program.
            ``(3) Law enforcement terrorism prevention program.--The 
        Law Enforcement Terrorism Prevention Program of the Department, 
        or any successor to such grant program.
    ``(b) Excluded Programs.--This title does not apply to or otherwise 
affect the following Federal grant programs or any grant under such a 
program:
            ``(1) Nondepartment programs.--Any Federal grant program 
        that is not administered by the Department.
            ``(2) Fire grant programs.--The fire grant programs 
        authorized by sections 33 and 34 of the Federal Fire Prevention 
        and Control Act of 1974 (15 U.S.C. 2229, 2229a).
            ``(3) Emergency management planning and assistance account 
        grants.--The Emergency Management Performance Grant program and 
        the Urban Search and Rescue Grants program authorized by title 
        VI of the Robert T. Stafford Disaster Relief and Emergency 
        Assistance Act (42 U.S.C. 5195 et seq.); the Departments of 
        Veterans Affairs and Housing and Urban Development, and 
        Independent Agencies Appropriations Act, 2000 (113 Stat. 1047 
        et seq.); and the Earthquake Hazards Reduction Act of 1977 (42 
        U.S.C. 7701 et seq.).

``SEC. 1803. COVERED GRANT ELIGIBILITY AND CRITERIA.

    ``(a) Grant Eligibility.--Any State, region, or directly eligible 
tribe shall be eligible to apply for a covered grant.
    ``(b) Grant Criteria.--The Secretary shall award covered grants to 
assist States and local governments in achieving, maintaining, and 
enhancing the essential capabilities for terrorism preparedness 
established by the Secretary.
    ``(c) State Homeland Security Plans.--
            ``(1) Submission of plans.--The Secretary shall require 
        that any State applying to the Secretary for a covered grant 
        must submit to the Secretary a 3-year State homeland security 
        plan that--
                    ``(A) describes the essential capabilities that 
                communities within the State should possess, or to 
                which they should have access, based upon the terrorism 
                risk factors relevant to such communities, in order to 
                meet the Department's goals for terrorism preparedness;
                    ``(B) demonstrates the extent to which the State 
                has achieved the essential capabilities that apply to 
                the State;
                    ``(C) demonstrates the needs of the State necessary 
                to achieve, maintain, or enhance the essential 
                capabilities that apply to the State;
                    ``(D) includes a prioritization of such needs based 
                on threat, vulnerability, and consequence assessment 
                factors applicable to the State;
                    ``(E) describes how the State intends--
                            ``(i) to address such needs at the city, 
                        county, regional, tribal, State, and interstate 
                        level, including a precise description of any 
                        regional structure the State has established 
                        for the purpose of organizing homeland security 
                        preparedness activities funded by covered 
                        grants;
                            ``(ii) to use all Federal, State, and local 
                        resources available for the purpose of 
                        addressing such needs; and
                            ``(iii) to give particular emphasis to 
                        regional planning and cooperation, including 
                        the activities of multijurisdictional planning 
                        agencies governed by local officials, both 
                        within its jurisdictional borders and with 
                        neighboring States;
                    ``(F) with respect to the emergency preparedness of 
                first responders, addresses the unique aspects of 
                terrorism as part of a comprehensive State emergency 
                management plan; and
                    ``(G) provides for coordination of response and 
                recovery efforts at the local level, including 
                procedures for effective incident command in 
                conformance with the National Incident Management 
                System.
            ``(2) Consultation.--The State plan submitted under 
        paragraph (1) shall be developed in consultation with and 
        subject to appropriate comment by local governments and first 
        responders within the State.
            ``(3) Approval by secretary.--The Secretary may not award 
        any covered grant to a State unless the Secretary has approved 
        the applicable State homeland security plan.
            ``(4) Revisions.--A State may revise the applicable State 
        homeland security plan approved by the Secretary under this 
        subsection, subject to approval of the revision by the 
        Secretary.
    ``(d) Consistency With State Plans.--The Secretary shall ensure 
that each covered grant is used to supplement and support, in a 
consistent and coordinated manner, the applicable State homeland 
security plan or plans.
    ``(e) Application for Grant.--
            ``(1) In general.--Except as otherwise provided in this 
        subsection, any State, region, or directly eligible tribe may 
        apply for a covered grant by submitting to the Secretary an 
        application at such time, in such manner, and containing such 
        information as is required under this subsection, or as the 
        Secretary may reasonably require.
            ``(2) Deadlines for applications and awards.--All 
        applications for covered grants must be submitted at such time 
        as the Secretary may reasonably require for the fiscal year for 
        which they are submitted. The Secretary shall award covered 
        grants pursuant to all approved applications for such fiscal 
        year as soon as practicable, but not later than March 1 of such 
        year.
            ``(3) Availability of funds.--All funds awarded by the 
        Secretary under covered grants in a fiscal year shall be 
        available for obligation through the end of the subsequent 
        fiscal year.
            ``(4) Minimum contents of application.--The Secretary shall 
        require that each applicant include in its application, at a 
        minimum--
                    ``(A) the purpose for which the applicant seeks 
                covered grant funds and the reasons why the applicant 
                needs the covered grant to meet the essential 
                capabilities for terrorism preparedness within the 
                State, region, or directly eligible tribe to which the 
                application pertains;
                    ``(B) a description of how, by reference to the 
                applicable State homeland security plan or plans under 
                subsection (c), the allocation of grant funding 
                proposed in the application, including, where 
                applicable, the amount not passed through under section 
                1806(g)(1), would assist in fulfilling the essential 
                capabilities for terrorism preparedness specified in 
                such plan or plans;
                    ``(C) a statement of whether a mutual aid agreement 
                applies to the use of all or any portion of the covered 
                grant funds;
                    ``(D) if the applicant is a State, a description of 
                how the State plans to allocate the covered grant funds 
                to regions, local governments, and Indian tribes;
                    ``(E) if the applicant is a region--
                            ``(i) a precise geographical description of 
                        the region and a specification of all 
                        participating and nonparticipating local 
                        governments within the geographical area 
                        comprising that region;
                            ``(ii) a specification of what governmental 
                        entity within the region will administer the 
                        expenditure of funds under the covered grant; 
                        and
                            ``(iii) a designation of a specific 
                        individual to serve as regional liaison;
                    ``(F) a capital budget showing how the applicant 
                intends to allocate and expend the covered grant funds;
                    ``(G) if the applicant is a directly eligible 
                tribe, a designation of a specific individual to serve 
                as the tribal liaison; and
                    ``(H) a statement of how the applicant intends to 
                meet the matching requirement, if any, that applies 
                under section 1806(g)(2).
            ``(5) Regional applications.--
                    ``(A) Relationship to state applications.--A 
                regional application--
                            ``(i) shall be coordinated with an 
                        application submitted by the State or States of 
                        which such region is a part;
                            ``(ii) shall supplement and avoid 
                        duplication with such State application; and
                            ``(iii) shall address the unique regional 
                        aspects of such region's terrorism preparedness 
                        needs beyond those provided for in the 
                        application of such State or States.
                    ``(B) State review and submission.--To ensure the 
                consistency required under subsection (d) and the 
                coordination required under subparagraph (A) of this 
                paragraph, an applicant that is a region must submit 
                its application to each State of which any part is 
                included in the region for review and concurrence prior 
                to the submission of such application to the Secretary. 
                The regional application shall be transmitted to the 
                Secretary through each such State within 30 days of its 
                receipt, unless the Governor of such a State notifies 
                the Secretary, in writing, that such regional 
                application is inconsistent with the State's homeland 
                security plan and provides an explanation of the 
                reasons therefor.
                    ``(C) Distribution of regional awards.--If the 
                Secretary approves a regional application, then the 
                Secretary shall distribute a regional award to the 
                State or States submitting the applicable regional 
                application under subparagraph (B), and each such State 
                shall, not later than the end of the 45-day period 
                beginning on the date after receiving a regional award, 
                pass through to the region all covered grant funds or 
                resources purchased with such funds, except those funds 
                necessary for the State to carry out its 
                responsibilities with respect to such regional 
                application: Provided, That in no such case shall the 
                State or States pass through to the region less than 80 
                percent of the regional award.
                    ``(D) Certifications regarding distribution of 
                grant funds to regions.--Any State that receives a 
                regional award under subparagraph (C) shall certify to 
                the Secretary, by not later than 30 days after the 
                expiration of the period described in subparagraph (C) 
                with respect to the grant, that the State has made 
                available to the region the required funds and 
                resources in accordance with subparagraph (C).
                    ``(E) Direct payments to regions.--If any State 
                fails to pass through a regional award to a region as 
                required by subparagraph (C) within 45 days after 
                receiving such award and does not request or receive an 
                extension of such period under section 1806(h)(2), the 
                region may petition the Secretary to receive directly 
                the portion of the regional award that is required to 
                be passed through to such region under subparagraph 
                (C).
                    ``(F) Regional liaisons.--A regional liaison 
                designated under paragraph (4)(E)(iii) shall--
                            ``(i) coordinate with Federal, State, 
                        local, regional, and private officials within 
                        the region concerning terrorism preparedness;
                            ``(ii) develop a process for receiving 
                        input from Federal, State, local, regional, and 
                        private sector officials within the region to 
                        assist in the development of the regional 
                        application and to improve the region's access 
                        to covered grants; and
                            ``(iii) administer, in consultation with 
                        State, local, regional, and private officials 
                        within the region, covered grants awarded to 
                        the region.
            ``(6) Tribal applications.--
                    ``(A) Submission to the state or states.--To ensure 
                the consistency required under subsection (d), an 
                applicant that is a directly eligible tribe must submit 
                its application to each State within the boundaries of 
                which any part of such tribe is located for direct 
                submission to the Department along with the application 
                of such State or States.
                    ``(B) Opportunity for state comment.--Before 
                awarding any covered grant to a directly eligible 
                tribe, the Secretary shall provide an opportunity to 
                each State within the boundaries of which any part of 
                such tribe is located to comment to the Secretary on 
                the consistency of the tribe's application with the 
                State's homeland security plan. Any such comments shall 
                be submitted to the Secretary concurrently with the 
                submission of the State and tribal applications.
                    ``(C) Final authority.--The Secretary shall have 
                final authority to determine the consistency of any 
                application of a directly eligible tribe with the 
                applicable State homeland security plan or plans, and 
                to approve any application of such tribe. The Secretary 
                shall notify each State within the boundaries of which 
                any part of such tribe is located of the approval of an 
                application by such tribe.
                    ``(D) Tribal liaison.--A tribal liaison designated 
                under paragraph (4)(G) shall--
                            ``(i) coordinate with Federal, State, 
                        local, regional, and private officials 
                        concerning terrorism preparedness;
                            ``(ii) develop a process for receiving 
                        input from Federal, State, local, regional, and 
                        private sector officials to assist in the 
                        development of the application of such tribe 
                        and to improve the tribe's access to covered 
                        grants; and
                            ``(iii) administer, in consultation with 
                        State, local, regional, and private officials, 
                        covered grants awarded to such tribe.
                    ``(E) Limitation on the number of direct grants.--
                The Secretary may make covered grants directly to not 
                more than 20 directly eligible tribes per fiscal year.
                    ``(F) Tribes not receiving direct grants.--An 
                Indian tribe that does not receive a grant directly 
                under this section is eligible to receive funds under a 
                covered grant from the State or States within the 
                boundaries of which any part of such tribe is located, 
                consistent with the homeland security plan of the State 
                as described in subsection (c). If a State fails to 
                comply with section 1806(g)(1), the tribe may request 
                payment under section 1806(h)(3) in the same manner as 
                a local government.
            ``(7) Equipment standards.--If an applicant for a covered 
        grant proposes to upgrade or purchase, with assistance provided 
        under the grant, new equipment or systems that do not meet or 
        exceed any applicable national voluntary consensus standards 
        established by the Secretary, the applicant shall include in 
        the application an explanation of why such equipment or systems 
        will serve the needs of the applicant better than equipment or 
        systems that meet or exceed such standards.

``SEC. 1804. RISK-BASED EVALUATION AND PRIORITIZATION.

    ``(a) First Responder Grants Board.--
            ``(1) Establishment of board.--The Secretary shall 
        establish a First Responder Grants Board, consisting of--
                    ``(A) the Secretary;
                    ``(B) the Under Secretary for Emergency 
                Preparedness and Response;
                    ``(C) the Under Secretary for Border and 
                Transportation Security;
                    ``(D) the Under Secretary for Information Analysis 
                and Infrastructure Protection;
                    ``(E) the Under Secretary for Science and 
                Technology;
                    ``(F) the Director of the Office for Domestic 
                Preparedness;
                    ``(G) the Administrator of the United States Fire 
                Administration; and
                    ``(H) the Administrator of the Animal and Plant 
                Health Inspection Service.
            ``(2) Chairman.--
                    ``(A) In general.--The Secretary shall be the 
                Chairman of the Board.
                    ``(B) Exercise of authorities by deputy 
                secretary.--The Deputy Secretary of Homeland Security 
                may exercise the authorities of the Chairman, if the 
                Secretary so directs.
    ``(b) Functions of Under Secretaries.--The Under Secretaries 
referred to in subsection (a)(1) shall seek to ensure that the relevant 
expertise and input of the staff of their directorates are available to 
and considered by the Board.
    ``(c) Prioritization of Grant Applications.--
            ``(1) Factors to be considered.--The Board shall evaluate 
        and annually prioritize all pending applications for covered 
        grants based upon the degree to which they would, by achieving, 
        maintaining, or enhancing the essential capabilities of the 
        applicants on a nationwide basis, lessen the threat to, 
        vulnerability of, and consequences for persons (including 
        transient commuting and tourist populations) and critical 
        infrastructure. Such evaluation and prioritization shall be 
        based upon the most current risk assessment available by the 
        Directorate for Information Analysis and Infrastructure 
        Protection of the threats of terrorism against the United 
        States. The Board shall coordinate with State, local, regional, 
        and tribal officials in establishing criteria for evaluating 
        and prioritizing applications for covered grants.
            ``(2) Critical infrastructure sectors.--The Board 
        specifically shall consider threats of terrorism against the 
        following critical infrastructure sectors in all areas of the 
        United States, urban and rural:
                    ``(A) Agriculture and food.
                    ``(B) Banking and finance.
                    ``(C) Chemical industries.
                    ``(D) The defense industrial base.
                    ``(E) Emergency services.
                    ``(F) Energy.
                    ``(G) Government facilities.
                    ``(H) Postal and shipping.
                    ``(I) Public health and health care.
                    ``(J) Information technology.
                    ``(K) Telecommunications.
                    ``(L) Transportation systems.
                    ``(M) Water.
                    ``(N) Dams.
                    ``(O) Commercial facilities.
                    ``(P) National monuments and icons.
        The order in which the critical infrastructure sectors are 
        listed in this paragraph shall not be construed as an order of 
        priority for consideration of the importance of such sectors.
            ``(3) Types of threat.--The Board specifically shall 
        consider the following types of threat to the critical 
        infrastructure sectors described in paragraph (2), and to 
        populations in all areas of the United States, urban and rural:
                    ``(A) Biological threats.
                    ``(B) Nuclear threats.
                    ``(C) Radiological threats.
                    ``(D) Incendiary threats.
                    ``(E) Chemical threats.
                    ``(F) Explosives.
                    ``(G) Suicide bombers.
                    ``(H) Cyber threats.
                    ``(I) Any other threats based on proximity to 
                specific past acts of terrorism or the known activity 
                of any terrorist group.
        The order in which the types of threat are listed in this 
        paragraph shall not be construed as an order of priority for 
        consideration of the importance of such threats.
            ``(4) Consideration of additional factors.--The Board shall 
        take into account any other specific threat to a population 
        (including a transient commuting or tourist population) or 
        critical infrastructure sector that the Board has determined to 
        exist. In evaluating the threat to a population or critical 
        infrastructure sector, the Board shall give greater weight to 
        threats of terrorism based upon their specificity and 
        credibility, including any pattern of repetition.
            ``(5) Minimum amounts.--After evaluating and prioritizing 
        grant applications under paragraph (1), the Board shall ensure 
        that, for each fiscal year--
                    ``(A) each of the States, other than the Virgin 
                Islands, American Samoa, Guam, and the Northern Mariana 
                Islands, that has an approved State homeland security 
                plan receives no less than 0.25 percent of the funds 
                available for covered grants for that fiscal year for 
                purposes of implementing its homeland security plan in 
                accordance with the prioritization of needs under 
                section 1803(c)(1)(D);
                    ``(B) each of the States, other than the Virgin 
                Islands, American Samoa, Guam, and the Northern Mariana 
                Islands, that has an approved State homeland security 
                plan and that meets one or both of the additional high-
                risk qualifying criteria under paragraph (6) receives 
                no less than 0.45 percent of the funds available for 
                covered grants for that fiscal year for purposes of 
                implementing its homeland security plan in accordance 
                with the prioritization of needs under section 
                1803(c)(1)(D);
                    ``(C) the Virgin Islands, American Samoa, Guam, and 
                the Northern Mariana Islands each receives no less than 
                0.08 percent of the funds available for covered grants 
                for that fiscal year for purposes of implementing its 
                approved State homeland security plan in accordance 
                with the prioritization of needs under section 
                1803(c)(1)(D); and
                    ``(D) directly eligible tribes collectively receive 
                no less than 0.08 percent of the funds available for 
                covered grants for such fiscal year for purposes of 
                addressing the needs identified in the applications of 
                such tribes, consistent with the homeland security plan 
                of each State within the boundaries of which any part 
                of any such tribe is located, except that this clause 
                shall not apply with respect to funds available for a 
                fiscal year if the Secretary receives less than 5 
                applications for such fiscal year from such tribes 
                under section 1803(e)(6)(A) or does not approve at 
                least one such application.
            ``(6) Additional high-risk qualifying criteria.--For 
        purposes of paragraph (5)(B), additional high-risk qualifying 
        criteria consist of--
                    ``(A) having a significant international land 
                border; or
                    ``(B) adjoining a body of water within North 
                America through which an international boundary line 
                extends.
    ``(d) Effect of Regional Awards on State Minimum.--Any regional 
award, or portion thereof, provided to a State under section 
1803(e)(5)(C) shall not be considered in calculating the minimum State 
award under subsection (c)(5) of this section.

``SEC. 1805. TASK FORCE ON TERRORISM PREPAREDNESS FOR FIRST RESPONDERS.

    ``(a) Establishment.--To assist the Secretary in updating, 
revising, or replacing essential capabilities for terrorism 
preparedness, the Secretary shall establish an advisory body pursuant 
to section 871(a) not later than 60 days after the date of the 
enactment of this section, which shall be known as the Task Force on 
Terrorism Preparedness for First Responders.
    ``(b) Update, Revise, or Replace.--The Secretary shall regularly 
update, revise, or replace the essential capabilities for terrorism 
preparedness as necessary, but not less than every 3 years.
    ``(c) Report.--
            ``(1) In general.--The Task Force shall submit to the 
        Secretary, by not later than 12 months after its establishment 
        by the Secretary under subsection (a) and not later than every 
        2 years thereafter, a report on its recommendations for 
        essential capabilities for terrorism preparedness.
            ``(2) Contents.--Each report shall--
                    ``(A) include a priority ranking of essential 
                capabilities in order to provide guidance to the 
                Secretary and to the Congress on determining the 
                appropriate allocation of, and funding levels for, 
                first responder needs;
                    ``(B) set forth a methodology by which any State or 
                local government will be able to determine the extent 
                to which it possesses or has access to the essential 
                capabilities that States and local governments having 
                similar risks should obtain;
                    ``(C) describe the availability of national 
                voluntary consensus standards, and whether there is a 
                need for new national voluntary consensus standards, 
                with respect to first responder training and equipment;
                    ``(D) include such additional matters as the 
                Secretary may specify in order to further the terrorism 
                preparedness capabilities of first responders; and
                    ``(E) include such revisions to the contents of 
                previous reports as are necessary to take into account 
                changes in the most current risk assessment available 
                by the Directorate for Information Analysis and 
                Infrastructure Protection or other relevant information 
                as determined by the Secretary.
            ``(3) Consistency with federal working group.--The Task 
        Force shall ensure that its recommendations for essential 
        capabilities for terrorism preparedness are, to the extent 
        feasible, consistent with any preparedness goals or 
        recommendations of the Federal working group established under 
        section 319F(a) of the Public Health Service Act (42 U.S.C. 
        247d-6(a)).
            ``(4) Comprehensiveness.--The Task Force shall ensure that 
        its recommendations regarding essential capabilities for 
        terrorism preparedness are made within the context of a 
        comprehensive State emergency management system.
            ``(5) Prior measures.--The Task Force shall ensure that its 
        recommendations regarding essential capabilities for terrorism 
        preparedness take into account any capabilities that State or 
        local officials have determined to be essential and have 
        undertaken since September 11, 2001, to prevent, prepare for, 
        respond to, or recover from terrorist attacks.
    ``(d) Membership.--
            ``(1) In general.--The Task Force shall consist of 25 
        members appointed by the Secretary, and shall, to the extent 
        practicable, represent a geographic (including urban and rural) 
        and substantive cross section of governmental and 
        nongovernmental first responder disciplines from the State and 
        local levels, including as appropriate--
                    ``(A) members selected from the emergency response 
                field, including fire service and law enforcement, 
                hazardous materials response, emergency medical 
                services, and emergency management personnel (including 
                public works personnel routinely engaged in emergency 
                response);
                    ``(B) health scientists, emergency and inpatient 
                medical providers, and public health professionals, 
                including experts in emergency health care response to 
                chemical, biological, radiological, and nuclear 
                terrorism, and experts in providing mental health care 
                during emergency response operations;
                    ``(C) experts from Federal, State, and local 
                governments, and the private sector, representing 
                standards-setting organizations, including 
                representation from the voluntary consensus codes and 
                standards development community, particularly those 
                with expertise in first responder disciplines; and
                    ``(D) State and local officials with expertise in 
                terrorism preparedness, subject to the condition that 
                if any such official is an elected official 
                representing one of the two major political parties, an 
                equal number of elected officials shall be selected 
                from each such party.
            ``(2) Coordination with the department of health and health 
        services.--In the selection of members of the Task Force who 
        are health professionals, including emergency medical 
        professionals, the Secretary shall coordinate such selection 
        with the Secretary of Health and Human Services.
            ``(3) Ex officio members.--The Secretary and the Secretary 
        of Health and Human Services shall each designate one or more 
        officers of their respective Departments to serve as ex officio 
        members of the Task Force. One of the ex officio members from 
        the Department of Homeland Security shall be the designated 
        officer of the Federal Government for purposes of subsection 
        (e) of section 10 of the Federal Advisory Committee Act (5 App. 
        U.S.C.).
    ``(e) Applicability of Federal Advisory Committee Act.--
Notwithstanding section 871(a), the Federal Advisory Committee Act (5 
App. U.S.C.), including subsections (a), (b), and (d) of section 10 of 
such Act, and section 552b(c) of title 5, United States Code, shall 
apply to the Task Force.

``SEC. 1806. USE OF FUNDS AND ACCOUNTABILITY REQUIREMENTS.

    ``(a) In General.--A covered grant may be used for--
            ``(1) purchasing or upgrading equipment, including computer 
        software, to enhance terrorism preparedness;
            ``(2) exercises to strengthen terrorism preparedness;
            ``(3) training for prevention (including detection) of, 
        preparedness for, response to, or recovery from attacks 
        involving weapons of mass destruction, including training in 
        the use of equipment and computer software;
            ``(4) developing or updating State homeland security plans, 
        risk assessments, mutual aid agreements, and emergency 
        management plans to enhance terrorism preparedness;
            ``(5) establishing or enhancing mechanisms for sharing 
        terrorism threat information;
            ``(6) systems architecture and engineering, program 
        planning and management, strategy formulation and strategic 
        planning, life-cycle systems design, product and technology 
        evaluation, and prototype development for terrorism 
        preparedness purposes;
            ``(7) additional personnel costs resulting from--
                    ``(A) elevations in the threat alert level of the 
                Homeland Security Advisory System by the Secretary, or 
                a similar elevation in threat alert level issued by a 
                State, region, or local government with the approval of 
                the Secretary;
                    ``(B) travel to and participation in exercises and 
                training in the use of equipment and on prevention 
                activities; and
                    ``(C) the temporary replacement of personnel during 
                any period of travel to and participation in exercises 
                and training in the use of equipment and on prevention 
                activities;
            ``(8) the costs of equipment (including software) required 
        to receive, transmit, handle, and store classified information;
            ``(9) protecting critical infrastructure against potential 
        attack by the addition of barriers, fences, gates, and other 
        such devices, except that the cost of such measures may not 
        exceed the greater of--
                    ``(A) $1,000,000 per project; or
                    ``(B) such greater amount as may be approved by the 
                Secretary, which may not exceed 10 percent of the total 
                amount of the covered grant;
            ``(10) the costs of commercially available interoperable 
        communications equipment (which, where applicable, is based on 
        national, voluntary consensus standards) that the Secretary, in 
        consultation with the Chairman of the Federal Communications 
        Commission, deems best suited to facilitate interoperability, 
        coordination, and integration between and among emergency 
        communications systems, and that complies with prevailing grant 
        guidance of the Department for interoperable communications;
            ``(11) educational curricula development for first 
        responders to ensure that they are prepared for terrorist 
        attacks;
            ``(12) training and exercises to assist public elementary 
        and secondary schools in developing and implementing programs 
        to instruct students regarding age-appropriate skills to 
        prevent, prepare for, respond to, mitigate against, or recover 
        from an act of terrorism;
            ``(13) paying of administrative expenses directly related 
        to administration of the grant, except that such expenses may 
        not exceed 3 percent of the amount of the grant;
            ``(14) paying for the conduct of any activity permitted 
        under the Law Enforcement Terrorism Prevention Program, or any 
        such successor to such program; and
            ``(15) other appropriate activities as determined by the 
        Secretary.
    ``(b) Prohibited Uses.--Funds provided as a covered grant may not 
be used--
            ``(1) to supplant State or local funds;
            ``(2) to construct buildings or other physical facilities;
            ``(3) to acquire land; or
            ``(4) for any State or local government cost sharing 
        contribution.
    ``(c) Multiple-Purpose Funds.--Nothing in this section shall be 
construed to preclude State and local governments from using covered 
grant funds in a manner that also enhances first responder preparedness 
for emergencies and disasters unrelated to acts of terrorism, if such 
use assists such governments in achieving essential capabilities for 
terrorism preparedness established by the Secretary.
    ``(d) Reimbursement of Costs.--(1) In addition to the activities 
described in subsection (a), a covered grant may be used to provide a 
reasonable stipend to paid-on-call or volunteer first responders who 
are not otherwise compensated for travel to or participation in 
training covered by this section. Any such reimbursement shall not be 
considered compensation for purposes of rendering such a first 
responder an employee under the Fair Labor Standards Act of 1938 (29 
U.S.C. 201 et seq.).
    ``(2) An applicant for a covered grant may petition the Secretary 
for the reimbursement of the cost of any activity relating to 
prevention (including detection) of, preparedness for, response to, or 
recovery from acts of terrorism that is a Federal duty and usually 
performed by a Federal agency, and that is being performed by a State 
or local government (or both) under agreement with a Federal agency.
    ``(e) Assistance Requirement.--The Secretary may not require that 
equipment paid for, wholly or in part, with funds provided as a covered 
grant be made available for responding to emergencies in surrounding 
States, regions, and localities, unless the Secretary undertakes to pay 
the costs directly attributable to transporting and operating such 
equipment during such response.
    ``(f) Flexibility in Unspent Homeland Security Grant Funds.--Upon 
request by the recipient of a covered grant, the Secretary may 
authorize the grantee to transfer all or part of funds provided as the 
covered grant from uses specified in the grant agreement to other uses 
authorized under this section, if the Secretary determines that such 
transfer is in the interests of homeland security.
    ``(g) State, Regional, and Tribal Responsibilities.--
            ``(1) Pass-through.--The Secretary shall require a 
        recipient of a covered grant that is a State to obligate or 
        otherwise make available to local governments, first 
        responders, and other local groups, to the extent required 
        under the State homeland security plan or plans specified in 
        the application for the grant, not less than 80 percent of the 
        grant funds, resources purchased with the grant funds having a 
        value equal to at least 80 percent of the amount of the grant, 
        or a combination thereof, by not later than the end of the 45-
        day period beginning on the date the grant recipient receives 
        the grant funds.
            ``(2) Cost sharing.--
                    ``(A) In general.--The Federal share of the costs 
                of an activity carried out with a covered grant to a 
                State, region, or directly eligible tribe awarded after 
                the 2-year period beginning on the date of the 
                enactment of this section shall not exceed 75 percent.
                    ``(B) Interim rule.--The Federal share of the costs 
                of an activity carried out with a covered grant awarded 
                before the end of the 2-year period beginning on the 
                date of the enactment of this section shall be 100 
                percent.
                    ``(C) In-kind matching.--Each recipient of a 
                covered grant may meet the matching requirement under 
                subparagraph (A) by making in-kind contributions of 
                goods or services that are directly linked with the 
                purpose for which the grant is made, including, but not 
                limited to, any necessary personnel overtime, 
                contractor services, administrative costs, equipment 
                fuel and maintenance, and rental space.
            ``(3) Certifications regarding distribution of grant funds 
        to local governments.--Any State that receives a covered grant 
        shall certify to the Secretary, by not later than 30 days after 
        the expiration of the period described in paragraph (1) with 
        respect to the grant, that the State has made available for 
        expenditure by local governments, first responders, and other 
        local groups the required amount of grant funds pursuant to 
        paragraph (1).
            ``(4) Quarterly report on homeland security spending.--The 
        Federal share described in paragraph (2)(A) may be increased by 
        up to 2 percent for any State, region, or directly eligible 
        tribe that, not later than 30 days after the end of each fiscal 
        quarter, submits to the Secretary a report on that fiscal 
        quarter. Each such report must include, for each recipient of a 
        covered grant or a pass-through under paragraph (1)--
                    ``(A) the amount obligated to that recipient in 
                that quarter;
                    ``(B) the amount expended by that recipient in that 
                quarter; and
                    ``(C) a summary description of the items purchased 
                by such recipient with such amount.
            ``(5) Annual report on homeland security spending.--Each 
        recipient of a covered grant shall submit an annual report to 
        the Secretary not later than 60 days after the end of each 
        Federal fiscal year. Each recipient of a covered grant that is 
        a region must simultaneously submit its report to each State of 
        which any part is included in the region. Each recipient of a 
        covered grant that is a directly eligible tribe must 
        simultaneously submit its report to each State within the 
        boundaries of which any part of such tribe is located. Each 
        report must include the following:
                    ``(A) The amount, ultimate recipients, and dates of 
                receipt of all funds received under the grant during 
                the previous fiscal year.
                    ``(B) The amount and the dates of disbursements of 
                all such funds expended in compliance with paragraph 
                (1) or pursuant to mutual aid agreements or other 
                sharing arrangements that apply within the State, 
                region, or directly eligible tribe, as applicable, 
                during the previous fiscal year.
                    ``(C) How the funds were utilized by each ultimate 
                recipient or beneficiary during the preceding fiscal 
                year.
                    ``(D) The extent to which essential capabilities 
                identified in the applicable State homeland security 
                plan or plans were achieved, maintained, or enhanced as 
                the result of the expenditure of grant funds during the 
                preceding fiscal year.
                    ``(E) The extent to which essential capabilities 
                identified in the applicable State homeland security 
                plan or plans remain unmet.
            ``(6) Inclusion of restricted annexes.--A recipient of a 
        covered grant may submit to the Secretary an annex to the 
        annual report under paragraph (5) that is subject to 
        appropriate handling restrictions, if the recipient believes 
        that discussion in the report of unmet needs would reveal 
        sensitive but unclassified information.
            ``(7) Provision of reports.--The Secretary shall ensure 
        that each annual report under paragraph (5) is provided to the 
        Under Secretary for Emergency Preparedness and Response and the 
        Director of the Office for Domestic Preparedness.
    ``(h) Incentives to Efficient Administration of Homeland Security 
Grants.--
            ``(1) Penalties for delay in passing through local share.--
        If a recipient of a covered grant that is a State fails to pass 
        through to local governments, first responders, and other local 
        groups funds or resources required by subsection (g)(1) within 
        45 days after receiving funds under the grant, the Secretary 
        may--
                    ``(A) reduce grant payments to the grant recipient 
                from the portion of grant funds that is not required to 
                be passed through under subsection (g)(1);
                    ``(B) terminate payment of funds under the grant to 
                the recipient, and transfer the appropriate portion of 
                those funds directly to local first responders that 
                were intended to receive funding under that grant; or
                    ``(C) impose additional restrictions or burdens on 
                the recipient's use of funds under the grant, which may 
                include--
                            ``(i) prohibiting use of such funds to pay 
                        the grant recipient's grant-related overtime or 
                        other expenses;
                            ``(ii) requiring the grant recipient to 
                        distribute to local government beneficiaries 
                        all or a portion of grant funds that are not 
                        required to be passed through under subsection 
                        (g)(1); or
                            ``(iii) for each day that the grant 
                        recipient fails to pass through funds or 
                        resources in accordance with subsection (g)(1), 
                        reducing grant payments to the grant recipient 
                        from the portion of grant funds that is not 
                        required to be passed through under subsection 
                        (g)(1), except that the total amount of such 
                        reduction may not exceed 20 percent of the 
                        total amount of the grant.
            ``(2) Extension of period.--The Governor of a State may 
        request in writing that the Secretary extend the 45-day period 
        under section 1803(e)(5)(E) or paragraph (1) for an additional 
        15-day period. The Secretary may approve such a request, and 
        may extend such period for additional 15-day periods, if the 
        Secretary determines that the resulting delay in providing 
        grant funding to the local government entities that will 
        receive funding under the grant will not have a significant 
        detrimental impact on such entities' terrorism preparedness 
        efforts.
            ``(3) Provision of non-local share to local government.--
                    ``(A) In general.--The Secretary may upon request 
                by a local government pay to the local government a 
                portion of the amount of a covered grant awarded to a 
                State in which the local government is located, if--
                            ``(i) the local government will use the 
                        amount paid to expedite planned enhancements to 
                        its terrorism preparedness as described in any 
                        applicable State homeland security plan or 
                        plans;
                            ``(ii) the State has failed to pass through 
                        funds or resources in accordance with 
                        subsection (g)(1); and
                            ``(iii) the local government complies with 
                        subparagraphs (B) and (C).
                    ``(B) Showing required.--To receive a payment under 
                this paragraph, a local government must demonstrate 
                that--
                            ``(i) it is identified explicitly as an 
                        ultimate recipient or intended beneficiary in 
                        the approved grant application;
                            ``(ii) it was intended by the grantee to 
                        receive a severable portion of the overall 
                        grant for a specific purpose that is identified 
                        in the grant application;
                            ``(iii) it petitioned the grantee for the 
                        funds or resources after expiration of the 
                        period within which the funds or resources were 
                        required to be passed through under subsection 
                        (g)(1); and
                            ``(iv) it did not receive the portion of 
                        the overall grant that was earmarked or 
                        designated for its use or benefit.
                    ``(C) Effect of payment.--Payment of grant funds to 
                a local government under this paragraph--
                            ``(i) shall not affect any payment to 
                        another local government under this paragraph; 
                        and
                            ``(ii) shall not prejudice consideration of 
                        a request for payment under this paragraph that 
                        is submitted by another local government.
                    ``(D) Deadline for action by secretary.--The 
                Secretary shall approve or disapprove each request for 
                payment under this paragraph by not later than 15 days 
                after the date the request is received by the 
                Department.
    ``(i) Reports to Congress.--The Secretary shall submit an annual 
report to the Congress by January 31 of each year covering the 
preceding fiscal year--
            ``(1) describing in detail the amount of Federal funds 
        provided as covered grants that were directed to each State, 
        region, and directly eligible tribe in the preceding fiscal 
        year;
            ``(2) containing information on the use of such grant funds 
        by grantees; and
            ``(3) describing--
                    ``(A) the Nation's progress in achieving, 
                maintaining, and enhancing the essential capabilities 
                established by the Secretary as a result of the 
                expenditure of covered grant funds during the preceding 
                fiscal year; and
                    ``(B) an estimate of the amount of expenditures 
                required to attain across the United States the 
                essential capabilities established by the Secretary.

``SEC. 1807. NATIONAL STANDARDS FOR FIRST RESPONDER EQUIPMENT AND 
              TRAINING.

    ``(a) Equipment Standards.--
            ``(1) In general.--The Secretary, in consultation with the 
        Under Secretaries for Emergency Preparedness and Response and 
        Science and Technology and the Director of the Office for 
        Domestic Preparedness, shall, not later than 6 months after the 
        date of enactment of this section, support the development of, 
        promulgate, and update as necessary national voluntary 
        consensus standards for the performance, use, and validation of 
        first responder equipment for purposes of section 1805(e)(7). 
        Such standards--
                    ``(A) shall be, to the maximum extent practicable, 
                consistent with any existing voluntary consensus 
                standards;
                    ``(B) shall take into account, as appropriate, new 
                types of terrorism threats that may not have been 
                contemplated when such existing standards were 
                developed;
                    ``(C) shall be focused on maximizing 
                interoperability, interchangeability, durability, 
                flexibility, efficiency, efficacy, portability, 
                sustainability, and safety; and
                    ``(D) shall cover all appropriate uses of the 
                equipment.
            ``(2) Required categories.--In carrying out paragraph (1), 
        the Secretary shall specifically consider the following 
        categories of first responder equipment:
                    ``(A) Thermal imaging equipment.
                    ``(B) Radiation detection and analysis equipment.
                    ``(C) Biological detection and analysis equipment.
                    ``(D) Chemical detection and analysis equipment.
                    ``(E) Decontamination and sterilization equipment.
                    ``(F) Personal protective equipment, including 
                garments, boots, gloves, and hoods and other protective 
                clothing.
                    ``(G) Respiratory protection equipment.
                    ``(H) Interoperable communications, including 
                wireless and wireline voice, video, and data networks.
                    ``(I) Explosive mitigation devices and explosive 
                detection and analysis equipment.
                    ``(J) Containment vessels.
                    ``(K) Contaminant-resistant vehicles.
                    ``(L) Such other equipment for which the Secretary 
                determines that national voluntary consensus standards 
                would be appropriate.
    ``(b) Training Standards.--
            ``(1) In general.--The Secretary, in consultation with the 
        Under Secretaries for Emergency Preparedness and Response and 
        Science and Technology and the Director of the Office for 
        Domestic Preparedness, shall support the development of, 
        promulgate, and regularly update as necessary national 
        voluntary consensus standards for first responder training 
        carried out with amounts provided under covered grant programs, 
        that will enable State and local government first responders to 
        achieve optimal levels of terrorism preparedness as quickly as 
        practicable. Such standards shall give priority to providing 
        training to--
                    ``(A) enable first responders to prevent, prepare 
                for, respond to, mitigate against, and recover from 
                terrorist threats, including threats from chemical, 
                biological, nuclear, and radiological weapons and 
                explosive devices capable of inflicting significant 
                human casualties; and
                    ``(B) familiarize first responders with the proper 
                use of equipment, including software, developed 
                pursuant to the standards established under subsection 
                (a).
            ``(2) Required categories.--In carrying out paragraph (1), 
        the Secretary specifically shall include the following 
        categories of first responder activities:
                    ``(A) Regional planning.
                    ``(B) Joint exercises.
                    ``(C) Intelligence collection, analysis, and 
                sharing.
                    ``(D) Emergency notification of affected 
                populations.
                    ``(E) Detection of biological, nuclear, 
                radiological, and chemical weapons of mass destruction.
                    ``(F) Such other activities for which the Secretary 
                determines that national voluntary consensus training 
                standards would be appropriate.
            ``(3) Consistency.--In carrying out this subsection, the 
        Secretary shall ensure that such training standards are 
        consistent with the principles of emergency preparedness for 
        all hazards.
    ``(c) Consultation With Standards Organizations.--In establishing 
national voluntary consensus standards for first responder equipment 
and training under this section, the Secretary shall consult with 
relevant public and private sector groups, including--
            ``(1) the National Institute of Standards and Technology;
            ``(2) the National Fire Protection Association;
            ``(3) the National Association of County and City Health 
        Officials;
            ``(4) the Association of State and Territorial Health 
        Officials;
            ``(5) the American National Standards Institute;
            ``(6) the National Institute of Justice;
            ``(7) the Inter-Agency Board for Equipment Standardization 
        and Interoperability;
            ``(8) the National Public Health Performance Standards 
        Program;
            ``(9) the National Institute for Occupational Safety and 
        Health;
            ``(10) ASTM International;
            ``(11) the International Safety Equipment Association;
            ``(12) the Emergency Management Accreditation Program; and
            ``(13) to the extent the Secretary considers appropriate, 
        other national voluntary consensus standards development 
        organizations, other interested Federal, State, and local 
        agencies, and other interested persons.
    ``(d) Coordination With Secretary of HHS.--In establishing any 
national voluntary consensus standards under this section for first 
responder equipment or training that involve or relate to health 
professionals, including emergency medical professionals, the Secretary 
shall coordinate activities under this section with the Secretary of 
Health and Human Services.''.
    (b) Definition of Emergency Response Providers.--Paragraph (6) of 
section 2 of the Homeland Security Act of 2002 (Public Law 107-296; 6 
U.S.C. 101(6)) is amended by striking ``includes'' and all that follows 
and inserting ``includes Federal, State, and local governmental and 
nongovernmental emergency public safety, law enforcement, fire, 
emergency response, emergency medical (including hospital emergency 
facilities), and related personnel, organizations, agencies, and 
authorities.''.

SEC. 114. SUPERSEDED PROVISION.

    This chapter supersedes section 1014(c)(3) of Public Law 107-56.

SEC. 115. OVERSIGHT.

    The Secretary of Homeland Security shall establish within the 
Office for Domestic Preparedness an Office of the Comptroller to 
oversee the grants distribution process and the financial management of 
the Office for Domestic Preparedness.

SEC. 116. GAO REPORT ON AN INVENTORY AND STATUS OF HOMELAND SECURITY 
              FIRST RESPONDER TRAINING.

    (a) In General.--The Comptroller General of the United States shall 
report to the Congress in accordance with this section--
            (1) on the overall inventory and status of first responder 
        training programs of the Department of Homeland Security and 
        other departments and agencies of the Federal Government; and
            (2) the extent to which such programs are coordinated.
    (b) Contents of Reports.--The reports under this section shall 
include--
            (1) an assessment of the effectiveness of the structure and 
        organization of such training programs;
            (2) recommendations to--
                    (A) improve the coordination, structure, and 
                organization of such training programs; and
                    (B) increase the availability of training to first 
                responders who are not able to attend centralized 
                training programs;
            (3) the structure and organizational effectiveness of such 
        programs for first responders in rural communities;
            (4) identification of any duplication or redundancy among 
        such programs;
            (5) a description of the use of State and local training 
        institutions, universities, centers, and the National Domestic 
        Preparedness Consortium in designing and providing training;
            (6) a cost-benefit analysis of the costs and time required 
        for first responders to participate in training courses at 
        Federal institutions;
            (7) an assessment of the approval process for certifying 
        non-Department of Homeland Security training courses that are 
        useful for anti-terrorism purposes as eligible for grants 
        awarded by the Department;
            (8) a description of the use of Department of Homeland 
        Security grant funds by States and local governments to acquire 
        training;
            (9) an analysis of the feasibility of Federal, State, and 
        local personnel to receive the training that is necessary to 
        adopt the National Response Plan and the National Incident 
        Management System; and
            (10) the role of each first responder training institution 
        within the Department of Homeland Security in the design and 
        implementation of terrorism preparedness and related training 
        courses for first responders.
    (c) Deadlines.--The Comptroller General shall--
            (1) submit a report under subsection (a)(1) by not later 
        than 60 days after the date of the enactment of this Act; and
            (2) submit a report on the remainder of the topics required 
        by this section by not later than 120 days after the date of 
        the enactment of this Act.

SEC. 117. REMOVAL OF CIVIL LIABILITY BARRIERS THAT DISCOURAGE THE 
              DONATION OF FIRE EQUIPMENT TO VOLUNTEER FIRE COMPANIES.

    (a) Liability Protection.--A person who donates fire control or 
fire rescue equipment to a volunteer fire company shall not be liable 
for civil damages under any State or Federal law for personal injuries, 
property damage or loss, or death caused by the equipment after the 
donation.
    (b) Exceptions.--Subsection (a) does not apply to a person if--
            (1) the person's act or omission causing the injury, 
        damage, loss, or death constitutes gross negligence or 
        intentional misconduct; or
            (2) the person is the manufacturer of the fire control or 
        fire rescue equipment.
    (c) Preemption.--This section preempts the laws of any State to the 
extent that such laws are inconsistent with this section, except that 
notwithstanding subsection (b) this section shall not preempt any State 
law that provides additional protection from liability for a person who 
donates fire control or fire rescue equipment to a volunteer fire 
company.
    (d) Definitions.--In this section:
            (1) Person.--The term ``person'' includes any governmental 
        or other entity.
            (2) Fire control or rescue equipment.--The term ``fire 
        control or fire rescue equipment'' includes any fire vehicle, 
        fire fighting tool, communications equipment, protective gear, 
        fire hose, or breathing apparatus.
            (3) State.--The term ``State'' includes the several States, 
        the District of Columbia, the Commonwealth of Puerto Rico, the 
        Commonwealth of the Northern Mariana Islands, American Samoa, 
        Guam, the Virgin Islands, any other territory or possession of 
        the United States, and any political subdivision of any such 
        State, territory, or possession.
            (4) Volunteer fire company.--The term ``volunteer fire 
        company'' means an association of individuals who provide fire 
        protection and other emergency services, where at least 30 
        percent of the individuals receive little or no compensation 
        compared with an entry level full-time paid individual in that 
        association or in the nearest such association with an entry 
        level full-time paid individual.
    (e) Effective Date.--This section applies only to liability for 
injury, damage, loss, or death caused by equipment that, for purposes 
of subsection (a), is donated on or after the date that is 30 days 
after the date of the enactment of this Act.

                  Subtitle B--Transportation Security

SEC. 121. REPORT ON NATIONAL STRATEGY FOR TRANSPORTATION SECURITY.

    (a) Report; Certification.--Not later than 30 days after the date 
of the enactment of this Act, and every 30 days thereafter, the 
Secretary of Transportation shall submit to the relevant congressional 
committees a report on the recommendations of the 9/11 Commission and 
the policy goals of the Intelligence Reform and Terrorism Prevention 
Act of 2004 (Public Law 108-458) with respect to completion of a 
national strategy for transportation security. Such report shall 
include--
            (1) a certification by the Secretary of Transportation that 
        such recommendations have been implemented and such policy 
        goals have been achieved; or
            (2) if the Secretary of Transportation is unable to make 
        the certification described in paragraph (1), a description 
        of--
                    (A) the steps taken to implement such 
                recommendations and achieve such policy goals;
                    (B) when the Secretary expects such recommendations 
                to be implemented and such policy goals to be achieved; 
                and
                    (C) any allocation of resources or other actions by 
                Congress the Secretary considers necessary to implement 
                such recommendations and achieve such policy goals.
    (b) Termination of Duty to Report.--The duty to submit a report 
under subsection (a) shall terminate when the Secretary of 
Transportation submits a certification pursuant to subsection (a)(1).
    (c) GAO Review of Certification.--If the Secretary of 
Transportation submits a certification pursuant to subsection (a)(1), 
not later than 30 days after the submission of such certification, the 
Comptroller General shall submit to the relevant congressional 
committees a report on whether the recommendations described in such 
subsection (e) have been implemented and whether the policy goals 
described in subsection (a) have been achieved.

SEC. 122. REPORT ON AIRLINE PASSENGER PRE-SCREENING.

    (a) Report; Certification.--Not later than 30 days after the date 
of the enactment of this Act, and every 30 days thereafter, the 
Secretary of Transportation shall submit to the relevant congressional 
committees a report on the recommendations of the 9/11 Commission and 
the policy goals of the Intelligence Reform and Terrorism Prevention 
Act of 2004 (Public Law 108-458) with respect to improving airline 
passenger pre-screening. Such report shall include--
            (1) a certification by the Secretary of Transportation that 
        such recommendations have been implemented and such policy 
        goals have been achieved; or
            (2) if the Secretary of Transportation is unable to make 
        the certification described in paragraph (1), a description 
        of--
                    (A) the steps taken to implement such 
                recommendations and achieve such policy goals;
                    (B) when the Secretary expects such recommendations 
                to be implemented and such policy goals to be achieved; 
                and
                    (C) any allocation of resources or other actions by 
                Congress the Secretary considers necessary to implement 
                such recommendations and achieve such policy goals.
    (b) Termination of Duty to Report.--The duty to submit a report 
under subsection (a) shall terminate when the Secretary of 
Transportation submits a certification pursuant to subsection (a)(1).
    (c) GAO Review of Certification.--If the Secretary of 
Transportation submits a certification pursuant to subsection (a)(1), 
not later than 30 days after the submission of such certification, the 
Comptroller General shall submit to the relevant congressional 
committees a report on whether the recommendations described in 
subsection (a) have been implemented and whether the policy goals 
described in subsection (a) have been achieved.

SEC. 123. REPORT ON DETECTION OF EXPLOSIVES AT AIRLINE SCREENING 
              CHECKPOINTS.

    (a) Report; Certification.--Not later than 30 days after the date 
of the enactment of this Act, and every 30 days thereafter, the 
Secretary of Transportation shall submit to the relevant congressional 
committees a report on the recommendations of the 9/11 Commission and 
the policy goals of the Intelligence Reform and Terrorism Prevention 
Act of 2004 (Public Law 108-458) with respect to the improvement of 
airline screening checkpoints to detect explosives. Such report shall 
include--
            (1) a certification by the Secretary of Transportation that 
        such recommendations have been implemented and such policy 
        goals have been achieved; or
            (2) if the Secretary of Transportation is unable to make 
        the certification described in paragraph (1), a description 
        of--
                    (A) the steps taken to implement such 
                recommendations and achieve such policy goals;
                    (B) when the Secretary expects such recommendations 
                to be implemented and such policy goals to be achieved; 
                and
                    (C) any allocation of resources or other actions by 
                Congress the Secretary considers necessary to implement 
                such recommendations and achieve such policy goals.
    (b) Termination of Duty to Report.--The duty to submit a report 
under subsection (a) shall terminate when the Secretary of 
Transportation submits a certification pursuant to subsection (a)(1).
    (c) GAO Review of Certification.--If the Secretary of 
Transportation submits a certification pursuant to subsection (a)(1), 
not later than 30 days after the submission of such certification, the 
Comptroller General shall submit to the relevant congressional 
committees a report on whether the recommendations described in 
subsection (a) have been implemented and whether the policy goals 
described in subsection (a) have been achieved.

SEC. 124. REPORT ON COMPREHENSIVE SCREENING PROGRAM.

    (a) Report; Certification.--Not later than 30 days after the date 
of the enactment of this Act, and every 30 days thereafter, the 
Secretary of Transportation shall submit to the relevant congressional 
committees a report on the recommendations of the 9/11 Commission and 
the policy goals of the Intelligence Reform and Terrorism Prevention 
Act of 2004 (Public Law 108-458) with respect to implementation of a 
comprehensive screening program. Such report shall include--
            (1) a certification by the Secretary of Transportation that 
        such recommendations have been implemented and such policy 
        goals have been achieved; or
            (2) if the Secretary of Transportation is unable to make 
        the certification described in paragraph (1), a description 
        of--
                    (A) the steps taken to implement such 
                recommendations and achieve such policy goals;
                    (B) when the Secretary expects such recommendations 
                to be implemented and such policy goals to be achieved; 
                and
                    (C) any allocation of resources or other actions by 
                Congress the Secretary considers necessary to implement 
                such recommendations and achieve such policy goals.
    (b) Termination of Duty to Report.--The duty to submit a report 
under subsection (a) shall terminate when the Secretary of 
Transportation submits a certification pursuant to subsection (a)(1).
    (c) GAO Review of Certification.--If the Secretary of 
Transportation submits a certification pursuant to subsection (a)(1), 
not later than 30 days after the submission of such certification, the 
Comptroller General shall submit to the relevant congressional 
committees a report on whether the recommendations described in 
subsection (a) have been implemented and whether the policy goals 
described in subsection (a) have been achieved.

SEC. 125. RELEVANT CONGRESSIONAL COMMITTEES DEFINED.

    In this subtitle, the term ``relevant congressional committees'' 
means--
            (1) the Committee on Homeland Security of the House of 
        Representatives;
            (2) the Committee on Government Reform of the House of 
        Representatives;
            (3) the Committee on Transportation and Infrastructure of 
        the House of Representatives;
            (4) the Committee on Homeland Security and Government 
        Affairs of the Senate; and
            (5) the Committee on Environment and Public Works of the 
        Senate.

                      Subtitle C--Border Security

SEC. 131. COUNTERTERRORIST TRAVEL INTELLIGENCE.

    (a) Report; Certification.--Not later than 30 days after the date 
of the enactment of this Act, and every 30 days thereafter, the 
Director of the National Counterterrorism Center shall submit to the 
relevant congressional committees a report on the recommendations of 
the 9/11 Commission and the policy goals of the Intelligence Reform and 
Terrorism Prevention Act of 2004 (Public Law 108-458) with respect to 
improving collection and analysis of intelligence on terrorist travel. 
Each such report shall include--
            (1) a certification that such recommendations have been 
        implemented and such policy goals have been achieved; or
            (2) if the Director of the National Counterterrorism Center 
        is unable to make the certification described in paragraph (1), 
        a description of--
                    (A) the steps taken to implement such 
                recommendations and achieve such policy goals;
                    (B) when such recommendations are expected to to be 
                implemented and such policy goals to be achieved; and
                    (C) any allocation of resources or other actions by 
                Congress considered necessary to implement such 
                recommendations and achieve such policy goals.
    (b) Termination of Duty to Report.--The duty of the Director of the 
National Counterterrorism Center to submit a report under subsection 
(a) shall terminate when the Secretary submits a certification pursuant 
to subsection (a)(1). The duty of the Director of National Intelligence 
to submit a report under subsection (a) shall terminate when the 
Director submits a certification pursuant to subsection (a)(1).
    (c) GAO Review of Certification.--If the Director of the National 
Counterterrorism submits a certification pursuant to subsection (a)(1), 
not later than 30 days after the submission of such certification, the 
Comptroller General shall submit to the relevant congressional 
committees a report on whether the recommendations described in 
subsection (a) have been implemented and whether the policy goals 
described in subsection (a) have been achieved.
    (d) Relevant Congressional Committees.--For purposes of this 
section, the term ``relevant congressional committees'' means the the 
following:
            (1) The Committee on Homeland Security of the House of 
        Representatives.
            (2) The Committee on Government Reform of the House of 
        Representatives.
            (3) The Committee on Transportation and Infrastructure of 
        the House of Representatives.
            (4) The Committee on Homeland Security and Governmental 
        Affairs of the Senate.
            (5) The Committee on Environment and Public Works of the 
        Senate.
            (6) The Select Committee on Intelligence of the Senate.
            (7) The Permanent Select Committee on Intelligence of the 
        House of Representatives.

SEC. 132. COMPREHENSIVE SCREENING SYSTEM.

    (a) Report; Certification.--Not later than 30 days after the date 
of the enactment of this Act, and every 30 days thereafter, the 
Secretary of Homeland Security and the Secretary of Transportation 
shall each submit to the relevant congressional committees a report on 
the recommendations of the 9/11 Commission and the policy goals of the 
Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 
108-458) with respect to the establishment of the comprehensive 
screening system described in Presidential Homeland Security Directive 
11 (dated August 27, 2004). Each such report shall include--
            (1) a certification that such recommendations have been 
        implemented and such policy goals have been achieved; or
            (2) if either the Secretary of Homeland Security or the 
        Secretary of Transportation is unable to make the certification 
        described in paragraph (1), a description of--
                    (A) the steps taken to implement such 
                recommendations and achieve such policy goals;
                    (B) when such recommendations are expected to be 
                implemented and such policy goals to be achieved; and
                    (C) any allocation of resources or other actions by 
                Congress considered necessary to implement such 
                recommendations and achieve such policy goals.
    (b) Termination of Duty to Report.--The duty of the Secretary of 
Homeland Security to submit a report under subsection (a) shall 
terminate when the Secretary of Homeland Security submits a 
certification pursuant to subsection (a)(1). The duty of the Secretary 
of Transportation to submit a report under subsection (a) shall 
terminate when the Secretary of Transportation submits a certification 
pursuant to subsection (a)(1).
    (c) GAO Review of Certification.--If the Secretary of Homeland 
Security and the Secretary of Transportation both submit certifications 
pursuant to subsection (a)(1), not later than 30 days after the 
submission of such certifications, the Comptroller General shall submit 
to the relevant congressional committees a report on whether the 
recommendations described in subsection (a) have been implemented and 
whether the policy goals described in subsection (a) have been 
achieved.
    (d) Relevant Congressional Committees.--For purposes of this 
section, the term ``relevant congressional committees'' means the the 
following:
            (1) The Committee on Homeland Security of the House of 
        Representatives.
            (2) The Committee on Government Reform of the House of 
        Representatives.
            (3) The Committee on Transportation and Infrastructure of 
        the House of Representatives.
            (4) The Committee on Homeland Security and Governmental 
        Affairs of the Senate.
            (5) The Committee on Environment and Public Works of the 
        Senate.

SEC. 133. BIOMETRIC ENTRY AND EXIT DATA SYSTEM.

    (a) Report; Certification.--Not later than 30 days after the date 
of the enactment of this Act, and every 30 days thereafter, the 
Secretary of Homeland Security shall submit to the relevant 
congressional committees a report on the recommendations of the 9/11 
Commission and the policy goals of the Intelligence Reform and 
Terrorism Prevention Act of 2004 (Public Law 108-458) with respect to 
the completion of a biometric entry and exit data system. Each such 
report shall include--
            (1) a certification that such recommendations have been 
        implemented and such policy goals have been achieved; or
            (2) if the Secretary of Homeland Security is unable to make 
        the certification described in paragraph (1), a description 
        of--
                    (A) the steps taken to implement such 
                recommendations and achieve such policy goals;
                    (B) when such recommendations are expected to be 
                implemented and such policy goals to be achieved; and
                    (C) any allocation of resources or other actions by 
                Congress the Secretary considers necessary to implement 
                such recommendations and achieve such policy goals.
    (b) Termination of Duty to Report.--The duty to submit a report 
under subsection (a) shall terminate when the Secretary of Homeland 
Security submits a certification pursuant to subsection (a)(1).
    (c) GAO Review of Certification.--If the Secretary of Homeland 
Security submits a certification pursuant to subsection (a)(1), not 
later than 30 days after the submission of such certification, the 
Comptroller General shall submit to the relevant congressional 
committees a report on whether the recommendations described in 
subsection (a) have been implemented and whether the policy goals 
described in subsection (a) have been achieved.
    (d) Relevant Congressional Committees.--For purposes of this 
section, the term ``relevant congressional committees'' means the the 
following:
            (1) The Committee on Homeland Security of the House of 
        Representatives.
            (2) The Committee on Government Reform of the House of 
        Representatives.
            (3) The Committee on the Judiciary of the House of 
        Representatives.
            (4) The Committee on Homeland Security and Governmental 
        Affairs of the Senate.
            (5) The Committee on the Judiciary of the Senate.

SEC. 134. INTERNATIONAL COLLABORATION ON BORDER AND DOCUMENT SECURITY.

    (a) Report; Certification.--Not later than 30 days after the date 
of the enactment of this Act, and every 30 days thereafter, the 
Secretary of Homeland Security and the Secretary of State shall each 
submit to the relevant congressional committees a report on the 
recommendations of the 9/11 Commission and the policy goals of the 
Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 
108-458) with respect to international collaboration on border and 
document security. Each such report shall include--
            (1) a certification that such recommendations have been 
        implemented and such policy goals have been achieved; or
            (2) if either the Secretary of Homeland Security or the 
        Secretary of State is unable to make the certification 
        described in paragraph (1), a description of--
                    (A) the steps taken to implement such 
                recommendations and achieve such policy goals;
                    (B) when such recommendations are expected to be 
                implemented and such policy goals to be achieved; and
                    (C) any allocation of resources or other actions by 
                Congress considered necessary to implement such 
                recommendations and achieve such policy goals.
    (b) Termination of Duty to Report.--The duty of the Secretary of 
Homeland Security to submit a report under subsection (a) shall 
terminate when the Secretary of Homeland Security submits a 
certification pursuant to subsection (a)(1). The duty of the Secretary 
of State to submit a report under subsection (a) shall terminate when 
the Secretary of State submits a certification pursuant to subsection 
(a)(1).
    (c) GAO Review of Certification.--If the Secretary of Homeland 
Security and the Secretary of State both submit certifications pursuant 
to subsection (a)(1), not later than 30 days after the submission of 
such certifications, the Comptroller General shall submit to the 
relevant congressional committees a report on whether the 
recommendations described in subsection (a) have been implemented and 
whether the policy goals described in subsection (a) have been 
achieved.
    (d) Watch List.--The Comptroller General shall submit to the 
relevant congressional committees a report assessing the sharing of the 
consolidated and integrated terrorist watch list maintained by the 
Federal Government with countries designated to participate in the visa 
waiver program established under section 217 of the Immigration and 
Nationality Act (8 U.S.C. 1187).
    (e) Fingerprinting in Domestic and Foreign Passports.--
            (1) Use in united states passports.--
                    (A) In general.--Section 215(b) of the Immigration 
                and Nationality Act (8 U.S.C. 1185(b)) is amended by 
                inserting after ``passport'' the following: ``that 
                contains the fingerprints of the citizen involved''.
                    (B) Effective date.--The amendment made by 
                subparagraph (A) shall apply to passports issued on or 
                after the date that is 90 days after the date of the 
                enactment of this Act.
            (2) Use in foreign passports.--
                    (A) In general.--Section 212(a)(7) of such Act (8 
                U.S.C. 1182(a)(7)) is amended by adding at the end the 
                following new subparagraph:
                    ``(C) Requirement for fingerprints on passports.--
                No passport of an alien shall be considered valid for 
                purposes of subparagraph (A) or (B) unless the passport 
                contains the fingerprints of the alien.''.
                    (B) Effective date.--The amendment made by 
                subparagraph (A) shall apply to aliens applying for 
                admission to the United States on or after the date 
                that is 90 days after the date of the enactment of this 
                Act.
    (f) Relevant Congressional Committees.--For purposes of this 
section, the term ``relevant congressional committees'' means the the 
following:
            (1) The Committee on Homeland Security of the House of 
        Representatives.
            (2) The Committee on Government Reform of the House of 
        Representatives.
            (3) The Committee on the International Relations of the 
        House of Representatives.
            (4) The Committee on the Judiciary of the House of 
        Representatives.
            (5) The Committee on Homeland Security and Governmental 
        Affairs of the Senate.
            (6) The Committee on the Judiciary of the Senate.
            (7) The Committee on Foreign Relations of the Senate.

SEC. 135. STANDARDIZATION OF SECURE IDENTIFICATION.

    (a) Report; Certification.--Not later than 30 days after the date 
of the enactment of this Act, and every 30 days thereafter, the 
Secretary of Homeland Security and the Secretary of Health and Human 
Services shall each submit to the relevant congressional committees a 
report on the recommendations of the 9/11 Commission and the policy 
goals of the Intelligence Reform and Terrorism Prevention Act of 2004 
(Public Law 108-458) with respect to the establishment of 
standardization of secure identification. Each such report shall 
include--
            (1) a certification that such recommendations have been 
        implemented and such policy goals have been achieved; or
            (2) if either the Secretary of Homeland Security or the 
        Secretary of Health and Human Services is unable to make the 
        certification described in paragraph (1), a description of--
                    (A) the steps taken to implement such 
                recommendations and achieve such policy goals;
                    (B) when such recommendations are expected to be 
                implemented and such policy goals to be achieved; and
                    (C) any allocation of resources or other actions by 
                Congress the Secretary considers necessary to implement 
                such recommendations and achieve such policy goals.
    (b) Termination of Duty to Report.--The duty to submit a report 
under subsection (a) shall terminate--
            (1) for the Secretary of Homeland Security, when the 
        Secretary of Homeland Security submits a certification pursuant 
        to subsection (a)(1); and
            (2) for the Secretary of Health and Human Services, when 
        the Secretary of Health and Human Services submits a 
        certification pursuant to subsection (a)(1).
    (c) GAO Review of Certification.--If the Secretary of Homeland 
Security and the Secretary of Health and Human Services submit 
certifications pursuant to subsection (a)(1), not later than 30 days 
after the submission of such certifications, the Comptroller General 
shall submit to the relevant congressional committees a report on 
whether the recommendations described in subsection (a) have been 
implemented and whether the policy goals described in subsection (a) 
have been achieved.
    (d) Relevant Congressional Committees.--For purposes of this 
section, the term ``relevant congressional committees'' means the the 
following:
            (1) The Committee on Homeland Security of the House of 
        Representatives.
            (2) The Committee on Government Reform of the House of 
        Representatives.
            (3) The Committee on the Judiciary of the House of 
        Representatives.
            (4) The Committee on Ways and Means of the House of 
        Representatives.
            (5) The Committee on Finance of the Senate.
            (6) The Committee on Homeland Security and Governmental 
        Affairs of the Senate.

SEC. 136. SECURITY ENHANCEMENTS FOR SOCIAL SECURITY CARDS.

    (a) Report; Certification.--Not later than 30 days after the date 
of the enactment of this Act, and every 30 days thereafter, the 
Commissioner of Social Security shall submit to the relevant 
congressional committees a report on the recommendations of the 9/11 
Commission and the policy goals of the Intelligence Reform and 
Terrorism Prevention Act of 2004 (Public Law 108-458) with respect to 
security enhancements for social security cards and the implementation 
of section 205(c)(2)(C)(iv)(II) of the Social Security Act (42 U.S.C. 
405(c)(2)(C)(iv)(II)) (as added by section 7214 of the Intelligence 
Reform and Terrorism Prevention Act of 2004 (Public Law 108-458)). Each 
such report shall include--
            (1) a certification that such recommendations have been 
        implemented and such policy goals have been achieved; or
            (2) if the Commissioner of Social Security is unable to 
        make the certification described in paragraph (1), a 
        description of--
                    (A) the steps taken to implement such 
                recommendations and achieve such policy goals;
                    (B) when such recommendations are expected to be 
                implemented and such policy goals to be achieved; and
                    (C) any allocation of resources or other actions by 
                Congress the Commissioner considers necessary to 
                implement such recommendations and achieve such policy 
                goals.
    (b) Termination of Duty to Report.--The duty to submit a report 
under subsection (a) shall terminate when the Commissioner of Social 
Security submits a certification pursuant to subsection (a)(1).
    (c) GAO Review of Certification.--If the Commissioner of Social 
Security submits a certification pursuant to subsection (a)(1), not 
later than 30 days after the submission of such certification, the 
Comptroller General shall submit to the relevant congressional 
committees a report on whether the recommendations described in 
subsection (a) have been implemented and whether the policy goals 
described in subsection (a) have been achieved.
    (d) Relevant Congressional Committees.--For purposes of this 
section, the term ``relevant congressional committees'' means the the 
following:
            (1) The Committee on Homeland Security of the House of 
        Representatives.
            (2) The Committee on Government Reform of the House of 
        Representatives.
            (3) The Committee on the Judiciary of the House of 
        Representatives.
            (4) The Committee on Ways and Means of the House of 
        Representatives.
            (5) The Committee on Finance of the Senate.
            (6) The Committee on Homeland Security and Governmental 
        Affairs of the Senate.

           TITLE II--REFORMING THE INSTITUTIONS OF GOVERNMENT

                   Subtitle A--Intelligence Community

SEC. 201. REPORT ON DIRECTOR OF NATIONAL INTELLIGENCE.

    (a) Report; Certification.--Not later than 30 days after the date 
of the enactment of this Act, and every 30 days thereafter, the 
Director of National Intelligence shall submit to the relevant 
congressional committees a report on the recommendations of the 9/11 
Commission and the policy goals of the Intelligence Reform and 
Terrorism Prevention Act of 2004 (Public Law 108-458) with respect to 
the Director of National Intelligence. Such report shall include--
            (1) a certification by the Director of National 
        Intelligence that such recommendations have been implemented 
        and such policy goals have been achieved; or
            (2) if the Director of National Intelligence is unable to 
        make the certification described in paragraph (1), a 
        description of--
                    (A) the steps taken to implement such 
                recommendations and achieve such policy goals;
                    (B) when the Director of National Intelligence 
                expects such recommendations to be implemented and such 
                policy goals to be achieved; and
                    (C) any allocation of resources or other actions by 
                Congress the Director considers necessary to implement 
                such recommendations and achieve such policy goals.
    (b) Termination of Duty to Report.--The duty to submit a report 
under subsection (a) shall terminate when the Director of National 
Intelligence submits a certification pursuant to subsection (a)(1).
    (c) GAO Review of Certification.--If the Director of National 
Intelligence submits a certification pursuant to subsection (a)(1), not 
later than 30 days after the submission of such certification, the 
Comptroller General shall submit to the relevant congressional 
committees a report on whether the recommendations described in 
subsection (a) have been implemented and whether the policy goals 
described in subsection (a) have been achieved.
    (d) GAO Report on DNI Exercise of Authority.--
            (1) Annual report.--Not later than 90 days after the date 
        of the enactment of this Act, and annually thereafter, the 
        Comptroller General shall submit to the relevant congressional 
        committees a report on whether--
                    (A) the Director of National Intelligence has been 
                able to properly exercise the authority of the Office 
                of the Director of National Intelligence, including 
                budget and personnel authority; and
                    (B) information sharing among the intelligence 
                community is a high priority.
            (2) Termination.--The duty to submit a report under 
        paragraph (1) shall terminate when the Comptroller General 
        certifies to the relevant congressional committees that the 
        recommendations of the 9/11 Commission and the policy goals of 
        the Intelligence Reform and Terrorism Prevention Act of 2004 
        (Public Law 108-458) with respect to the Director of National 
        Intelligence have been achieved.

SEC. 202. REPORT ON NATIONAL COUNTERTERRORISM CENTER.

    (a) Report; Certification.--Not later than 30 days after the date 
of the enactment of this Act, and every 30 days thereafter, the 
Director of National Intelligence shall submit to the relevant 
congressional committees a report on the recommendations of the 9/11 
Commission and the policy goals of the Intelligence Reform and 
Terrorism Prevention Act of 2004 (Public Law 108-458) with respect to 
the establishment of a National Counterterrorism Center. Such report 
shall include--
            (1) a certification by the Director of National 
        Intelligence that such recommendations have been implemented 
        and such policy goals have been achieved; or
            (2) if the Director of National Intelligence is unable to 
        make the certification described in paragraph (1), a 
        description of--
                    (A) the steps taken to implement such 
                recommendations and achieve such policy goals;
                    (B) when the Director of National Intelligence 
                expects such recommendations to be implemented and such 
                policy goals to be achieved; and
                    (C) any allocation of resources or other actions by 
                Congress the Director considers necessary to implement 
                such recommendations and achieve such policy goals.
    (b) Termination of Duty to Report.--The duty to submit a report 
under subsection (a) shall terminate when the Director of National 
Intelligence submits a certification pursuant to subsection (a)(1).
    (c) GAO Review of Certification.--If the Director of National 
Intelligence submits a certification pursuant to subsection (a)(1), not 
later than 30 days after the submission of such certification, the 
Comptroller General shall submit to the relevant congressional 
committees a report on whether the recommendations described in 
subsection (a) have been implemented and whether the policy goals 
described in subsection (a) have been achieved.

SEC. 203. REPORT ON CREATION OF A FEDERAL BUREAU OF INVESTIGATION 
              NATIONAL SECURITY WORKFORCE.

    (a) Report; Certification.--Not later than 30 days after the date 
of the enactment of this Act, and every 30 days thereafter, the 
Director of the Federal Bureau of Investigation shall submit to the 
relevant congressional committees a report on the recommendations of 
the 9/11 Commission and the policy goals of the Intelligence Reform and 
Terrorism Prevention Act of 2004 (Public Law 108-458) with respect to 
the creation of a Federal Bureau of Investigation national security 
workforce. Such report shall include--
            (1) a certification by the Director of the Federal Bureau 
        of Investigation that such recommendations have been 
        implemented and such policy goals have been achieved; or
            (2) if the Director of the Federal Bureau of Investigation 
        is unable to make the certification described in paragraph (1), 
        a description of--
                    (A) the steps taken to implement such 
                recommendations and achieve such policy goals;
                    (B) when the Director of the Federal Bureau of 
                Investigation expects such recommendations to be 
                implemented and such policy goals to be achieved; and
                    (C) any allocation of resources or other actions by 
                Congress the Director of the Federal Bureau of 
                Investigation considers necessary to implement such 
                recommendations and achieve such policy goals.
    (b) Termination of Duty to Report.--The duty to submit a report 
under subsection (a) shall terminate when the Director of the Federal 
Bureau of Investigation submits a certification pursuant to subsection 
(a)(1).
    (c) GAO Review of Certification.--If the Director of the Federal 
Bureau of Investigation submits a certification pursuant to subsection 
(a)(1), not later than 30 days after the submission of such 
certification, the Comptroller General shall submit to the relevant 
congressional committees a report on whether the recommendations 
described in subsection (a) have been implemented and whether the 
policy goals described in subsection (a) have been achieved.
    (d) GAO Report on Creation of FBI National Security Workforce.--
            (1) Annual report.--Not later than 90 days after the date 
        of the enactment of this Act, and annually thereafter, the 
        Comptroller General shall submit to the relevant congressional 
        committees a report on whether--
                    (A) there is a sense of urgency within the Federal 
                Bureau of Investigation to create a national security 
                workforce to carry out the domestic counterterrorism 
                mission of the Federal Bureau of Investigation;
                    (B) the Federal Bureau of Investigation is on track 
                to create such a workforce; and
                    (C) the culture of the Federal Bureau of 
                Investigation allows the Federal Bureau of 
                Investigation to meet its new challenges and succeed in 
                its counterterrorism role.
            (2) Termination.--The duty to submit a report under 
        paragraph (1) shall terminate when the Comptroller General 
        certifies to the relevant congressional committees that the 
        recommendations of the 9/11 Commission and the policy goals of 
        the Intelligence Reform and Terrorism Prevention Act of 2004 
        (Public Law 108-458) with respect to the creation of a Federal 
        Bureau of Investigation national security workforce have been 
        achieved.

SEC. 204. REPORT ON NEW MISSIONS FOR THE DIRECTOR OF THE CENTRAL 
              INTELLIGENCE AGENCY.

    (a) Report; Certification.--Not later than 30 days after the date 
of the enactment of this Act, and every 30 days thereafter, the 
Director of National Intelligence shall submit to the relevant 
congressional committees a report on the recommendations of the 9/11 
Commission and the policy goals of the Intelligence Reform and 
Terrorism Prevention Act of 2004 (Public Law 108-458) with respect to 
the new mission of the Director of the Central Intelligence Agency. 
Such report shall include--
            (1) a certification by the Director of National 
        Intelligence that such recommendations have been implemented 
        and such policy goals have been achieved; or
            (2) if the Director of National Intelligence is unable to 
        make the certification described in paragraph (1), a 
        description of--
                    (A) the steps taken to implement such 
                recommendations and achieve such policy goals;
                    (B) when the Director of National Intelligence 
                expects such recommendations to be implemented and such 
                policy goals to be achieved; and
                    (C) any allocation of resources or other actions by 
                Congress the Director considers necessary to implement 
                such recommendations and achieve such policy goals.
    (b) Termination of Duty to Report.--The duty to submit a report 
under subsection (a) shall terminate when the Director of National 
Intelligence submits a certification pursuant to subsection (a)(1).
    (c) GAO Review of Certification.--If the Director of National 
Intelligence submits a certification pursuant to subsection (a)(1), not 
later than 30 days after the submission of such certification, the 
Comptroller General shall submit to the relevant congressional 
committees a report on whether the recommendations described in 
subsection (a) have been implemented and whether the policy goals 
described in subsection (a) have been achieved.
    (d) GAO Report on Director of the Central Intelligence Agency.--
            (1) Annual report.--Not later than 90 days after the date 
        of the enactment of this Act, and annually thereafter, the 
        Comptroller General shall submit to the relevant congressional 
        committees a report on whether the Director of the Central 
        Intelligence Agency has strong, determined leadership committed 
        to accelerating the pace of the reforms underway.
            (2) Termination.--The duty to submit a report under 
        paragraph (1) shall terminate when the Comptroller General 
        certifies to the relevant congressional committees that the 
        recommendations of the 9/11 Commission and the policy goals of 
        the Intelligence Reform and Terrorism Prevention Act of 2004 
        (Public Law 108-458) with respect to the Director of the 
        Central Intelligence Agency have been achieved.
    (e) Sense of Congress.--It is the sense of Congress that Congress 
and the leadership of the Central Intelligence Agency should--
            (1) regularly evaluate the effectiveness of the national 
        clandestine service structure to determine if it improves 
        coordination of human intelligence collection operations and 
        produces better intelligence results; and
            (2) address morale and personnel issues at the Central 
        Intelligence Agency to ensure the Central Intelligence Agency 
        remains an effective arm of national power.

SEC. 205. REPORT ON INCENTIVES FOR INFORMATION SHARING.

    (a) Report; Certification.--Not later than 30 days after the date 
of the enactment of this Act, and every 30 days thereafter, the 
Director of the Office of Management and Budget, in consultation with 
the Director of National Intelligence, shall submit to the relevant 
congressional committees a report on the recommendations of the 9/11 
Commission and the policy goals of the Intelligence Reform and 
Terrorism Prevention Act of 2004 (Public Law 108-458) with respect to 
the creation of incentives for information sharing across the Federal 
Government and with State and local authorities. Such report shall 
include--
            (1) a certification by the Director of the Office of 
        Management and Budget that such recommendations have been 
        implemented and such policy goals have been achieved; or
            (2) if the Director of the Office of Management and Budget 
        is unable to make the certification described in paragraph (1), 
        a description of--
                    (A) the steps taken to implement such 
                recommendations and achieve such policy goals;
                    (B) when the Director of National Intelligence 
                expects such recommendations to be implemented and such 
                policy goals to be achieved; and
                    (C) any allocation of resources or other actions by 
                Congress the Director considers necessary to implement 
                such recommendations and achieve such policy goals.
    (b) Termination of Duty to Report.--The duty to submit a report 
under subsection (a) shall terminate when the Director of the Office of 
Management and Budget submits a certification pursuant to subsection 
(a)(1).
    (c) GAO Review of Certification.--If the Director of the Office of 
Management and Budget submits a certification pursuant to subsection 
(a)(1), not later than 30 days after the submission of such 
certification, the Comptroller General shall submit to the relevant 
congressional committees a report on whether the recommendations 
described in subsection (a) have been implemented and whether the 
policy goals described in subsection (a) have been achieved.

SEC. 206. REPORT ON PRESIDENTIAL LEADERSHIP OF NATIONAL SECURITY 
              INSTITUTIONS IN THE INFORMATION REVOLUTION.

    (a) Report; Certification.--Not later than 30 days after the date 
of the enactment of this Act, and every 30 days thereafter, the 
Director of the Office of Management and Budget, in consultation with 
the Director of National Intelligence, shall submit to the relevant 
congressional committees a report on the recommendations of the 9/11 
Commission and the policy goals of the Intelligence Reform and 
Terrorism Prevention Act of 2004 (Public Law 108-458) with respect to 
the leadership of the President of national security institutions into 
the information revolution. Such report shall include--
            (1) a certification by the Director of the Office of 
        Management and Budget that such recommendations have been 
        implemented and such policy goals have been achieved; or
            (2) if the Director of the Office of Management and Budget 
        is unable to make the certification described in paragraph (1), 
        a description of--
                    (A) the steps taken to implement such 
                recommendations and achieve such policy goals;
                    (B) when the Director of the Office of Management 
                and Budget expects such recommendations to be 
                implemented and such policy goals to be achieved; and
                    (C) any allocation of resources or other actions by 
                Congress the Director considers necessary to implement 
                such recommendations and achieve such policy goals.
    (b) Termination of Duty to Report.--The duty to submit a report 
under subsection (a) shall terminate when the Director of the Office of 
Management and Budget submits a certification pursuant to subsection 
(a)(1).
    (c) GAO Review of Certification.--If the Director of the Office of 
Management and Budget submits a certification pursuant to subsection 
(a)(1), not later than 30 days after the submission of such 
certification, the Comptroller General shall submit to the relevant 
congressional committees a report on whether the recommendations 
described in subsection (a) have been implemented and whether the 
policy goals described in subsection (a) have been achieved.
    (d) GAO Report on Information Systems.--
            (1) Annual report.--Not later than 90 days after the date 
        of the enactment of this Act, and annually thereafter, the 
        Comptroller General shall submit to the relevant congressional 
        committees a report on whether the intelligence community has 
        the resources and Presidential support to change information 
        systems to enable information sharing, policies and procedures 
        that compel sharing, and systems of performance evaluation to 
        inform personnel on how well they carry out information 
        sharing.
            (2) Termination.--The duty to submit a report under 
        paragraph (1) shall terminate when the Comptroller General 
        certifies to the relevant congressional committees that the 
        recommendations of the 9/11 Commission and the policy goals of 
        the Intelligence Reform and Terrorism Prevention Act of 2004 
        (Public Law 108-458) with respect to the leadership of the 
        President of national security institutions into the 
        information revolution have been achieved.

SEC. 207. HOMELAND AIRSPACE DEFENSE.

    (a) Certification.--Not later than 30 days after the date of the 
enactment of this Act, and every 30 days thereafter, the Secretary of 
Homeland Security and the Secretary of Defense shall each submit to the 
specified congressional committees a certification as to whether the 
Federal Government has implemented the policy goals of the Intelligence 
Reform and Terrorism Prevention Act of 2004 (Public Law 108-458) and 
the recommendations of the National Commission on Terrorist Attacks 
Upon the United States regarding homeland and airspace defense. Each 
Secretary shall include with such certification recommendations if 
further congressional action is necessary. If a Secretary is unable to 
certify the goal in the first sentence, the Secretary shall report to 
the specified committees what steps have been taken towards 
implementation, when implementation can reasonably be expected to be 
completed, and whether additional resources or actions from the 
Congress are required for implementation.
    (b) Comptroller General Report.--Within 30 days of the submission 
of both certifications under subsection (a), the Comptroller General of 
the United States shall submit to the specified congressional 
committees a report verifying that the policy referred to in that 
subsection has in fact been implemented and recommendations of any 
additional congressional action necessary to implement the goals 
referred to in that subsection.
    (c) Specified Congressional Committees.--For purposes of this 
section, the term ``specified congressional committees'' means--
            (1) the Committee on Homeland Security, the Committee on 
        Government Reform, and the Committee on Transportation and 
        Infrastructure of the House of Representatives; and
            (2) the Committee of Homeland Security and Governmental 
        Affairs and the Committee on Environment and Public Works of 
        the Senate.

SEC. 208. SEMIANNUAL REPORT ON PLANS AND STRATEGIES OF UNITED STATES 
              NORTHERN COMMAND FOR DEFENSE OF THE UNITED STATES 
              HOMELAND.

    (a) Findings.--Consistent with the report of the National 
Commission on Terrorist Attacks Upon the United States, Congress makes 
the following findings:
            (1) The primary responsibility for national defense is with 
        the Department of Defense and the secondary responsibility for 
        national defense is with the Department of Homeland Security, 
        and the two departments must have clear delineations of 
        responsibility.
            (2) Before September 11, 2001, the North American Aerospace 
        Defense Command, which had responsibility for defending United 
        States airspace on September 11, 2001--
                    (A) focused on threats coming from outside the 
                borders of the United States; and
                    (B) had not increased its focus on terrorism within 
                the United States, even though the intelligence 
                community had gathered intelligence on the possibility 
                that terrorists might turn to hijacking and even the 
                use of airplanes as missiles within the United States.
            (3) The United States Northern Command has been established 
        to assume responsibility for defense within the United States.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) the Secretary of Defense should regularly assess the 
        adequacy of the plans and strategies of the United States 
        Northern Command with a view to ensuring that the United States 
        Northern Command is prepared to respond effectively to all 
        military and paramilitary threats within the United States; and
            (2) the Committee on Armed Services of the Senate and the 
        Committee on Armed Services of the House of Representatives 
        should periodically review and assess the adequacy of those 
        plans and strategies.
    (c) Semiannual Report.--Not later than 90 days after the date of 
the enactment of this Act, and every 180 days thereafter, the Secretary 
of Defense shall submit to the Committee on Armed Services of the 
Senate and the Committee on Armed Services of the House of 
Representatives a report describing the plans and strategies of the 
United States Northern Command to defend the United States against 
military and paramilitary threats within the United States.

SEC. 209. RELEVANT CONGRESSIONAL COMMITTEES DEFINED.

    In this subtitle, the term ``relevant congressional committees'' 
means the Committee on Homeland Security, the Committee on Government 
Reform, and the Permanent Select Committee on Intelligence of the House 
of Representatives and the Committee on Homeland Security and 
Government Affairs and the Select Committee on Intelligence of the 
Senate.

            Subtitle B--Civil Liberties and Executive Power

SEC. 211. REPORT ON THE BALANCE BETWEEN SECURITY AND CIVIL LIBERTIES.

    (a) Report; Certification.--Not later than 30 days after the date 
of the enactment of this Act, and every 30 days thereafter, the 
Attorney General shall submit to the relevant congressional committees 
a report on the recommendations of the 9/11 Commission and the policy 
goals of the Intelligence Reform and Terrorism Prevention Act of 2004 
(Public Law 108-458) with respect to the balance between security and 
civil liberties. Such report shall include--
            (1) a certification by the Attorney General that such 
        recommendations have been implemented and such policy goals 
        have been achieved; or
            (2) if the Attorney General is unable to make the 
        certification described in paragraph (1), a description of--
                    (A) the steps taken to implement such 
                recommendations and achieve such policy goals;
                    (B) when the Attorney General expects such 
                recommendations to be implemented and such policy goals 
                to be achieved; and
                    (C) any allocation of resources or other actions by 
                Congress the Attorney General considers necessary to 
                implement such recommendations and achieve such policy 
                goals.
    (b) Termination of Duty to Report.--The duty to submit a report 
under subsection (a) shall terminate when the Attorney General submits 
a certification pursuant to subsection (a)(1).
    (c) GAO Review of Certification.--If the Attorney General submits a 
certification pursuant to subsection (a)(1), not later than 30 days 
after the submission of such certification, the Comptroller General 
shall submit to the relevant congressional committees a report on 
whether the recommendations described in subsection (a) have been 
implemented and whether the policy goals described in subsection (a) 
have been achieved.

SEC. 212. PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD.

    (a) Short Title.--This section may be cited as the ``9/11 
Commission Civil Liberties Board Act''.
    (b) Findings.--Congress finds the following:
            (1) On July 22, 2004 the National Commission on Terrorist 
        Attacks Upon the United States issued a report that included 41 
        specific recommendations to help prevent future terrorist 
        attacks, including details of a global strategy and government 
        reorganization necessary to implement that strategy.
            (2) One of the recommendations focused on the protections 
        of civil liberties. Specifically the following recommendation 
        was made: ``At this time of increased and consolidated 
        government authority, there should be a board within the 
        executive branch to oversee adherence to the guidelines we 
        recommend and the commitment the government makes to defend our 
        civil liberties.''.
            (3) The report also states that ``the choice between 
        security and liberty is a false choice, as nothing is more 
        likely to endanger America's liberties than the success of a 
        terrorist attack at home. Our History has shown that the 
        insecurity threatens liberty at home. Yet if our liberties are 
        curtailed, we lose the values that we are struggling to 
        defend.''.
            (4) On December 17, 2004, Public Law 108-458, the National 
        Intelligence Reform Act, was signed into law. This law created 
        a civil liberties board that does not have the authority 
        necessary to protect civil liberties.
            (5) The establishment and adequate funding of a Privacy and 
        Civil Liberties Oversight Board was a crucial recommendation 
        made by the 9/11 Commission.
            (6) In its Final Report on 9/11 Commission Recommendations, 
        the Commission noted ``very little urgency'' and 
        ``insufficient'' funding as it relates to the establishment of 
        the Privacy and Civil Liberties Oversight Board.
            (7) While the President's budget submission for fiscal year 
        2006 included $750,000 for the Privacy and Civil Liberties 
        Oversight Board, the President's budget submission for fiscal 
        year 2007 does not contain a funding line for the Board.
    (c) Making the Privacy and Civil Liberties Oversight Board 
Independent.--Section 1061(b) of the Intelligence Reform and Terrorism 
Prevention Act of 2004 is amended by striking ``within the Executive 
Office of the President'' and inserting ``as an independent agency 
within the Executive branch''.
    (d) Requiring All Members of the Privacy and Civil Liberties 
Oversight Board Be Confirmed by the Senate.--Subsection (e) of section 
1061 of the Intelligence Reform and Terrorism Prevention Act of 2004 is 
amended to read as follows:
    ``(e) Membership.--
            ``(1) Members.--The Board shall be composed of a full-time 
        chairman and 4 additional members, who shall be appointed by 
        the President, by and with the advice and consent of the 
        Senate.
            ``(2) Qualifications.--Members of the Board shall be 
        selected solely on the basis of their professional 
        qualifications, achievements, public stature, expertise in 
        civil liberties and privacy, and relevant experience, and 
        without regard to political affiliation, but in no event shall 
        more than 3 members of the Board be members of the same 
        political party. The President shall, before appointing an 
        individual who is not a member of the same political party as 
        the President consult with the leadership of that party, if 
        any, in the Senate and House of Representatives.
            ``(3) Incompatible office.--An individual appointed to the 
        Board may not, while serving on the Board, be an elected 
        official, officer, or employee of the Federal Government, other 
        than in the capacity as a member of the Board.
            ``(4) Term.--Each member of the Board shall serve a term of 
        six years, except that--
                    ``(A) a member appointed to a term of office after 
                the commencement of such term may serve under such 
                appointment only for the remainder of such term;
                    ``(B) upon the expiration of the term of office of 
                a member, the member shall continue to serve until the 
                member's successor has been appointed and qualified, 
                except that no member may serve under this 
                subparagraph--
                            ``(i) for more than 60 days when Congress 
                        is in session unless a nomination to fill the 
                        vacancy shall have been submitted to the 
                        Senate; or
                            ``(ii) after the adjournment sine die of 
                        the session of the Senate in which such 
                        nomination is submitted; and
                    ``(C) the members initially appointed under this 
                subsection shall serve terms of two, three, four, five, 
                and six years, respectively, from the effective date of 
                this Act, with the term of each such member to be 
                designated by the President.
            ``(5) Quorum and meetings.--The Board shall meet upon the 
        call of the chairman or a majority of its members. Three 
        members of the Board shall constitute a quorum.''.
    (e) Subpoena Power for the Privacy and Civil Liberties Oversight 
Board.--Section 1061(d) of the Intelligence Reform and Terrorism 
Prevention Act of 2004 is amended--
            (1) so that subparagraph (D) of paragraph (1) reads as 
        follows:
                    ``(D) require, by subpoena issued at the direction 
                of a majority of the members of the Board, persons 
                (other than departments, agencies, and elements of the 
                executive branch) to produce any relevant information, 
                documents, reports, answers, records, accounts, papers, 
                and other documentary or testimonial evidence.''; and
            (2) so that paragraph (2) reads as follows:
            ``(2) Enforcement of subpoena.--In the case of contumacy or 
        failure to obey a subpoena issued under paragraph (1)(D), the 
        United States district court for the judicial district in which 
        the subpoenaed person resides, is served, or may be found may 
        issue an order requiring such person to produce the evidence 
        required by such subpoena.''.
    (f) Reporting Requirements.--
            (1) Duties of board.--Paragraph (4) of section 1061(c) of 
        the Intelligence Reform and Terrorism Prevention Act of 2004 is 
        amended to read as follows:
            ``(4) Reports.--
                    ``(A) Receipt, review, and submission.--
                            ``(i) In general.--The Board shall--
                                    ``(I) receive and review reports 
                                from privacy officers and civil 
                                liberties officers described in section 
                                212; and
                                    ``(II) periodically submit, not 
                                less than semiannually, reports to the 
                                appropriate committees of Congress, 
                                including the Committees on the 
                                Judiciary of the Senate and the House 
                                of Representatives, the Committee on 
                                Homeland Security and Governmental 
                                Affairs of the Senate, the Committee on 
                                Government Reform of the House of 
                                Representatives, the Select Committee 
                                on Intelligence of the Senate, and the 
                                Permanent Select Committee on 
                                Intelligence of the House of 
                                Representatives, and to the President.
                        Such reports shall be in unclassified form to 
                        the greatest extent possible, with a classified 
                        annex where necessary.
                            ``(ii) Contents.--Not less than 2 reports 
                        the Board submits each year under clause 
                        (i)(II) shall include--
                                    ``(I) a description of the major 
                                activities of the Board during the 
                                preceding period;
                                    ``(II) information on the findings, 
                                conclusions, and recommendations of the 
                                Board resulting from its advice and 
                                oversight functions under subsection 
                                (c);
                                    ``(III) the minority views on any 
                                findings, conclusions, and 
                                recommendations of the Board resulting 
                                from its advice and oversight functions 
                                under subsection (c); and
                                    ``(IV) each proposal reviewed by 
                                the Board under subsection (c)(1) that 
                                the Board advised against implementing, 
                                but that notwithstanding such advice, 
                                was implemented.
                    ``(B) Informing the public.--The Board shall--
                            ``(i) make its reports, including its 
                        reports to Congress, available to the public to 
                        the greatest extent that is consistent with the 
                        protection of classified information and 
                        applicable law; and
                            ``(ii) hold public hearings and otherwise 
                        inform the public of its activities, as 
                        appropriate and in a manner consistent with the 
                        protection of classified information and 
                        applicable law.''.
            (2) Privacy and civil liberties officers.--Section 1062 of 
        the Intelligence Reform and Terrorism Prevention Act of 2004 is 
        amended to read as follows:

``SEC. 1062. PRIVACY AND CIVIL LIBERTIES OFFICERS.

    ``(a) Designation and Functions.--The Attorney General, the 
Secretary of Defense, the Secretary of State, the Secretary of the 
Treasury, the Secretary of Health and Human Services, the Secretary of 
Homeland Security, the National Intelligence Director, the Director of 
the Central Intelligence Agency, any other entity within the 
intelligence community (as defined in section 3 of the National 
Security Act of 1947 (50 U.S.C. 401a)), and the head of any other 
department, agency, or element of the executive branch designated by 
the Privacy and Civil Liberties Oversight Board to be appropriate for 
coverage under this section shall designate not less than 1 senior 
officer to--
            ``(1) assist the head of such department, agency, or 
        element and other officials of such department, agency, or 
        element in appropriately considering privacy and civil 
        liberties concerns when such officials are proposing, 
        developing, or implementing laws, regulations, policies, 
        procedures, or guidelines related to efforts to protect the 
        Nation against terrorism;
            ``(2) periodically investigate and review department, 
        agency, or element actions, policies, procedures, guidelines, 
        and related laws and their implementation to ensure that such 
        department, agency, or element is adequately considering 
        privacy and civil liberties in its actions;
            ``(3) ensure that such department, agency, or element has 
        adequate procedures to receive, investigate, respond to, and 
        redress complaints from individuals who allege such department, 
        agency, or element has violated their privacy or civil 
        liberties; and
            ``(4) in providing advice on proposals to retain or enhance 
        a particular governmental power the officer shall consider 
        whether such department, agency, or element has established--
                    ``(A) that the power actually enhances security and 
                the need for the power is balanced with the need to 
                protect privacy and civil liberties;
                    ``(B) that there is adequate supervision of the use 
                by such department, agency, or element of the power to 
                ensure protection of privacy and civil liberties; and
                    ``(C) that there are adequate guidelines and 
                oversight to properly confine its use.
    ``(b) Exception to Designation Authority.--
            ``(1) Privacy officers.--In any department, agency, or 
        element referred to in subsection (a) or designated by the 
        Board, which has a statutorily created privacy officer, such 
        officer shall perform the functions specified in subsection (a) 
        with respect to privacy.
            ``(2) Civil liberties officers.--In any department, agency, 
        or element referred to in subsection (a) or designated by the 
        Board, which has a statutorily created civil liberties officer, 
        such officer shall perform the functions specified in 
        subsection (a) with respect to civil liberties.
    ``(c) Supervision and Coordination.--Each privacy officer or civil 
liberties officer described in subsection (a) or (b) shall--
            ``(1) report directly to the head of the department, 
        agency, or element concerned; and
            ``(2) coordinate their activities with the Inspector 
        General of such department, agency, or element to avoid 
        duplication of effort.
    ``(d) Agency Cooperation.--The head of each department, agency, or 
element shall ensure that each privacy officer and civil liberties 
officer--
            ``(1) has the information, material, and resources 
        necessary to fulfill the functions of such officer;
            ``(2) is advised of proposed policy changes;
            ``(3) is consulted by decisionmakers; and
            ``(4) is given access to material and personnel the officer 
        determines to be necessary to carry out the functions of such 
        officer.
    ``(e) Reprisal for Making Complaint.--No action constituting a 
reprisal, or threat of reprisal, for making a complaint or for 
disclosing information to a privacy officer or civil liberties officer 
described in subsection (a) or (b), or to the Privacy and Civil 
Liberties Oversight Board, that indicates a possible violation of 
privacy protections or civil liberties in the administration of the 
programs and operations of the Federal Government relating to efforts 
to protect the Nation from terrorism shall be taken by any Federal 
employee in a position to take such action, unless the complaint was 
made or the information was disclosed with the knowledge that it was 
false or with willful disregard for its truth or falsity.
    ``(f) Periodic Reports.--
            ``(1) In general.--The privacy officers and civil liberties 
        officers of each department, agency, or element referred to or 
        described in subsection (a) or (b) shall periodically, but not 
        less than quarterly, submit a report on the activities of such 
        officers--
                    ``(A)(i) to the appropriate committees of Congress, 
                including the Committees on the Judiciary of the Senate 
                and the House of Representatives, the Committee on 
                Homeland Security and Governmental Affairs of the 
                Senate, the Committee on Government Reform of the House 
                of Representatives, the Select Committee on 
                Intelligence of the Senate, and the Permanent Select 
                Committee on Intelligence of the House of 
                Representatives;
                    ``(ii) to the head of such department, agency, or 
                element; and
                    ``(iii) to the Privacy and Civil Liberties 
                Oversight Board; and
                    ``(B) which shall be in unclassified form to the 
                greatest extent possible, with a classified annex where 
                necessary.
            ``(2) Contents.--Each report submitted under paragraph (1) 
        shall include information on the discharge of each of the 
        functions of the officer concerned, including--
                    ``(A) information on the number and types of 
                reviews undertaken;
                    ``(B) the type of advice provided and the response 
                given to such advice;
                    ``(C) the number and nature of the complaints 
                received by the department, agency, or element 
                concerned for alleged violations; and
                    ``(D) a summary of the disposition of such 
                complaints, the reviews and inquiries conducted, and 
                the impact of the activities of such officer.
    ``(g) Informing the Public.--Each privacy officer and civil 
liberties officer shall--
            ``(1) make the reports of such officer, including reports 
        to Congress, available to the public to the greatest extent 
        that is consistent with the protection of classified 
        information and applicable law; and
            ``(2) otherwise inform the public of the activities of such 
        officer, as appropriate and in a manner consistent with the 
        protection of classified information and applicable law.
    ``(h) Savings Clause.--Nothing in this section shall be construed 
to limit or otherwise supplant any other authorities or 
responsibilities provided by law to privacy officers or civil liberties 
officers.
    ``(i) Protections for Human Research Subjects.--The Secretary of 
Homeland Security shall ensure that the Department of Homeland Security 
complies with the protections for human research subjects, as described 
in part 46 of title 45, Code of Federal Regulations, or in equivalent 
regulations as promulgated by such Secretary, with respect to research 
that is conducted or supported by such Department.''.
    (g) Inclusion in President's Budget Submission to Congress.--
Section 1105(a) of title 31, United States Code, is amended by adding 
at the end the following new paragraph:
            ``(36) a separate statement of the amount of appropriations 
        requested for the Privacy and Civil Liberties Oversight 
        Board.''.
    (h) Report; Certification.--
            (1) Report.--Not later than 30 days after the date of the 
        enactment of this Act, and every 30 days thereafter, the 
        Attorney General shall submit to the relevant congressional 
        committees a report on on the extent to which the 
        Administration has achieved and implemented the policy goals of 
        Public Law 108-458 and the recommendations of the 9/11 
        Commission regarding the implementation of the Privacy and 
        Civil Liberties Oversight Board. Such report shall include--
                    (A) a certification by the Attorney General that 
                such recommendations have been implemented and such 
                policy goals have been achieved; or
                    (B) if the Attorney General is unable to make the 
                certification described in subparagraph (A), a 
                description of--
                            (i) the steps taken to implement such 
                        recommendations and achieve such policy goals;
                            (ii) when the Attorney General expects such 
                        recommendations to be implemented and such 
                        policy goals to be achieved; and
                            (iii) any allocation of resources or other 
                        actions by Congress the Attorney General 
                        considers necessary to implement such 
                        recommendations and achieve such policy goals.
            (2) Termination of duty to report.--The duty to submit a 
        report under paragraph (1) shall terminate when the Attorney 
        General submits a certification pursuant to paragraph (1)(A).
            (3) GAO review of certification.--If the Attorney General 
        submits a certification pursuant to paragraph (1), not later 
        than 30 days after the submission of such certification, the 
        Comptroller General shall submit to the relevant congressional 
        committees a report on whether the recommendations described in 
        paragraph (1) have been implemented and whether the policy 
        goals described in paragraph (1) have been achieved.

SEC. 213. SET PRIVACY GUIDELINES FOR GOVERNMENT SHARING OF PERSONAL 
              INFORMATION.

    (a) Report.--Not later than 30 days after the date of the enactment 
of this Act, and every 30 days thereafter, the Attorney General shall 
submit to the relevant congressional committees a report on on the 
extent to which the Administration has achieved and implemented the 
policy goals of Public Law 108-458 and the recommendations of the 9/11 
Commission regarding the privacy guidelines for government sharing of 
personal information. Such report shall include--
            (1) a certification by the Attorney General that such 
        recommendations have been implemented and such policy goals 
        have been achieved; or
            (2) if the Attorney General is unable to make the 
        certification described in paragraph (1), a description of--
                    (A) the steps taken to implement such 
                recommendations and achieve such policy goals;
                    (B) when the Attorney General expects such 
                recommendations to be implemented and such policy goals 
                to be achieved; and
                    (C) any allocation of resources or other actions by 
                Congress the Attorney General considers necessary to 
                implement such recommendations and achieve such policy 
                goals.
    (b) Termination of Duty to Report.--The duty to submit a report 
under subsection (a) shall terminate when the Attorney General submits 
a certification pursuant to subsection (a)(1).
    (c) GAO Review of Certification.--If the Attorney General submits a 
certification pursuant to subsection (a), not later than 30 days after 
the submission of such certification, the Comptroller General shall 
submit to the relevant congressional committees a report on whether the 
recommendations described in paragraph (1) have been implemented and 
whether the policy goals described in subsection (A) have been 
achieved.

SEC. 214. DEFINITION OF RELEVANT CONGRESSIONAL COMMITTEES FOR SUBTITLE.

    As used in this subtitle, the term ``relevant committees'' means 
the Committee on Homeland Security of the House of Representatives, the 
Committee on Government Reform of the House of Representatives, the 
Committee on Homeland Security and Governmental Affairs of the Senate, 
the Committees on the Judiciary of the Senate and House of 
Representatives, the Select Committee on Intelligence of the Senate, 
and the Permanent Select Committee on Intelligence of the House of 
Representatives.

                Subtitle C--Homeland Security Committees

  CHAPTER 1--HOMELAND SECURITY REFORM IN THE HOUSE OF REPRESENTATIVES

SEC. 221. COMMITTEE ON HOMELAND SECURITY.

    Clause 1 of rule X of the Rules of the House of Representatives is 
amended by redesignating paragraphs (i) through (s) as paragraphs (j) 
through (t), respectively, and by inserting after paragraph (h) the 
following new paragraph:
    ``(i) Committee on Homeland Security.--
            ``(1) The Department of Homeland Security
            ``(2) Homeland security, generally.
The committee shall have exclusive jurisdiction over the matters 
referred to in subparagraphs (1) and (2).''.

SEC. 222. COMMITTEE ON INTELLIGENCE.

    (a) Clause 1 of rule X of the Rules of the House of Representatives 
(as amended by section 301) is further amended by redesignating 
paragraphs (k) through (t) as paragraphs (l) through (u), respectively, 
and by inserting after paragraph (j) (as redesignated by such section) 
the following new paragraph:
    ``(k) Committee on Intelligence.--
            ``(1) The Director of National Intelligence, the Central 
        Intelligence Agency, the Director of Central Intelligence, and 
        the National Foreign Intelligence Program as defined in section 
        3(6) of the National Security Act of 1947.
            ``(2) Intelligence and intelligence-related activities of 
        all other departments and agencies of the Government, including 
        the tactical intelligence and intelligence-related activities 
        of the Department of Defense.
            ``(3) The organization or reorganization of a department or 
        agency of the Government to the extent that the organization or 
        reorganization relates to a function or activity involving 
        intelligence or intelligence-related activities.
            ``(4) Authorizations for appropriations, both direct and 
        indirect, for the following:
                    ``(A) The Director of National Intelligence, the 
                Central Intelligence Agency, the Director of Central 
                Intelligence, and the National Foreign Intelligence 
                Program as defined in section 3(6) of the National 
                Security Act of 1947.
                    ``(B) Intelligence and intelligence-related 
                activities of all other departments and agencies of the 
                Government, including the tactical intelligence and 
                intelligence-related activities of the Department of 
                Defense.
                    ``(C) A department, agency, subdivision, or program 
                that is a successor to an agency or program named or 
                referred to in subdivision (A) or (B).
        The committee shall have exclusive jurisdiction over the 
        matters referred to in subparagraphs (1) through (4).''.
    (b) Clause 4 of rule X of the Rules of the House of Representatives 
is amended by adding at the end the following new paragraph:
    ``(g)(1) For purposes of accountability to the House, the Committee 
on Intelligence shall make regular and periodic reports to the House on 
the nature and extent of the intelligence and intelligence-related 
activities of the various departments and agencies of the United 
States. The committee shall promptly call to the attention of the 
House, or to any other appropriate committee, a matter requiring the 
attention of the House or another committee. In making such report, the 
committee shall proceed in a manner consistent with subparagraph (7) to 
protect national security.
    ``(2) The Committee on Intelligence shall obtain annual reports 
from the Director of National Intelligence, the Director of the Central 
Intelligence Agency, the Secretary of Defense, the Secretary of State, 
and the Director of the Federal Bureau of Investigation. Such reports 
shall review the intelligence and intelligence-related activities of 
the agency or department concerned and the intelligence and 
intelligence-related activities of foreign countries directed at the 
United States or its interests. An unclassified version of each report 
may be made available to the public at the discretion of the committee. 
Nothing herein shall be construed as requiring the public disclosure in 
such reports of the names of persons engaged in intelligence or 
intelligence-related activities for the United States or the divulging 
of intelligence methods employed or the sources of information on which 
the reports are based or the amount of funds authorized to be 
appropriated for intelligence and intelligence-related activities.
    ``(3) Within six weeks after the President submits a budget under 
section 1105(a) of title 31, United States Code, or at such time as the 
Committee on the Budget may request, the Committee on Intelligence 
shall submit to the Committee on the Budget the views and estimates 
described in section 301(d) of the Congressional Budget Act of 1974 
regarding matters within the jurisdiction of the committee.
    ``(4)(A) Except as specified in subdivision (B), clauses 8(a), (b), 
and (c) and 9(a), (b), and (c) of this rule, and clauses 1, 2, and 4 of 
rule XI shall apply to the Committee on Intelligence to the extent not 
inconsistent with this clause.
    ``(B) Notwithstanding the requirements of the first sentence of 
clause 2(g)(2) of rule XI, in the presence of the number of members 
required under the rules of the Committee on Intelligence for the 
purpose of taking testimony or receiving evidence, the committee may 
vote to close a hearing whenever a majority of those present determines 
that the testimony or evidence would endanger the national security.
    ``(5) An employee of the Committee on Intelligence, or a person 
engaged by contract or otherwise to perform services for or at the 
request of the committee, may not be given access to any classified 
information by the committee unless such employee or person has--
            ``(A) agreed in writing and under oath to be bound by the 
        Rules of the House, including the jurisdiction of the Committee 
        on Standards of Official Conduct and of the Committee on 
        Intelligence concerning the security of classified information 
        during and after the period of his employment or contractual 
        agreement with the committee; and
            ``(B) received an appropriate security clearance, as 
        determined by the Committee on Intelligence in consultation 
        with the Director of Central Intelligence, that is commensurate 
        with the sensitivity of the classified information to which 
        such employee or person will be given access by the committee.
    ``(6) The Committee on Intelligence shall formulate and carry out 
such rules and procedures as it considers necessary to prevent the 
disclosure, without the consent of each person concerned, of 
information in the possession of the committee that unduly infringes on 
the privacy or that violates the constitutional rights of such person. 
Nothing herein shall be construed to prevent the committee from 
publicly disclosing classified information in a case in which it 
determines that national interest in the disclosure of classified 
information clearly outweighs any infringement on the privacy of a 
person.
    ``(7)(A) The Committee on Intelligence may disclose publicly any 
information in its possession after a determination by the committee 
that the public interest would be served by such disclosure. With 
respect to the disclosure of information for which this subparagraph 
requires action by the committee--
            ``(i) the committee shall meet to vote on the matter within 
        five days after a member of the committee requests a vote; and
            ``(ii) a member of the committee may not make such a 
        disclosure before a vote by the committee on the matter, or 
        after a vote by the committee on the matter except in 
        accordance with this subparagraph.
    ``(B)(i) In a case in which the Committee on Intelligence votes to 
disclose publicly any information that has been classified under 
established security procedures, that has been submitted to it by the 
executive branch, and that the executive branch requests be kept 
secret, the committee shall notify the President of such vote.
    ``(ii) The Committee on Intelligence may disclose publicly such 
information after the expiration of a five-day period following the day 
on which notice of the vote to disclose is transmitted to the President 
unless, before the expiration of the five-day period, the President, 
personally in writing, notifies the committee that he objects to the 
disclosure of such information, provides his reasons therefor, and 
certifies that the threat to the national interest of the United States 
posed by the disclosure is of such gravity that it outweighs any public 
interest in the disclosure.
    ``(iii) If the President, personally in writing, notifies the 
committee of his objections to the disclosure of information as 
provided in clause (ii), the committee may, by majority vote, refer the 
question of the disclosure of such information, with a recommendation 
thereon, to the House. The committee may not publicly disclose such 
information without leave of the House.
    ``(iv) Whenever the committee votes to refer the question of 
disclosure of any information to the House under clause (iii), the 
chairman shall, not later than the first day on which the House is in 
session following the day on which the vote occurs, report the matter 
to the House for its consideration.
    ``(v) If the chairman of the committee does not offer in the House 
a motion to consider in closed session a matter reported under clause 
(iv) within four calendar days on which the House is in session after 
the recommendation described in clause (iii) is reported, then such a 
motion shall be privileged when offered by a Member, Delegate, or 
Resident Commissioner. In either case such a motion shall be decided 
without debate or intervening motion except one that the House adjourn.
    ``(vi) Upon adoption by the House of a motion to resolve into 
closed session as described in clause (v), the Speaker may declare a 
recess subject to the call of the Chair. At the expiration of the 
recess, the pending question, in closed session, shall be, `Shall the 
House approve the recommendation of the committee?'.
    ``(vii) Debate on the question described in clause (vi) shall be 
limited to two hours equally divided and controlled by the chairman and 
ranking minority member of the committee. After such debate the 
previous question shall be considered as ordered on the question of 
approving the recommendation without intervening motion except one 
motion that the House adjourn. The House shall vote on the question in 
open session but without divulging the information with respect to 
which the vote is taken. If the recommendation of the committee is not 
approved, then the question is considered as recommitted to the 
committee for further recommendation.
    ``(C)(i) Information in the possession of the Committee on 
Intelligence relating to the lawful intelligence or intelligence-
related activities of a department or agency of the United States that 
has been classified under established security procedures, and that the 
committee has determined should not be disclosed under subdivision (A) 
or (B), may not be made available to any person by a Member, Delegate, 
Resident Commissioner, officer, or employee of the House except as 
provided in clause (ii).
    ``(ii) The Committee on Intelligence shall, under such regulations 
as it may prescribe, make information described in clause (i) available 
to a committee or a Member, Delegate, or Resident Commissioner, and 
permit a Member, Delegate, or Resident Commissioner to attend a hearing 
of the committee that is closed to the public. Whenever the committee 
makes such information available, it shall keep a written record 
showing, in the case of particular information, which committee or 
which Member, Delegate, or Resident Commissioner received the 
information. A Member, Delegate, or Resident Commissioner who, and a 
committee that, receives information under this clause may not disclose 
the information except in a closed session of the House.
    ``(D) The Committee on Standards of Official Conduct shall 
investigate any unauthorized disclosure of intelligence or 
intelligence-related information by a Member, Delegate, Resident 
Commissioner, officer, or employee of the House in violation of 
subdivision (C) and report to the House concerning any allegation that 
it finds to be substantiated.
    ``(E) Upon the request of a person who is subject to an 
investigation described in subdivision (D), the Committee on Standards 
of Official Conduct shall release to such person at the conclusion of 
its investigation a summary of its investigation, together with its 
findings. If, at the conclusion of its investigation, the Committee on 
Standards of Official Conduct determines that there has been a 
significant breach of confidentiality or unauthorized disclosure by a 
Member, Delegate, Resident Commissioner, officer, or employee of the 
House, it shall report its findings to the House and recommend 
appropriate action. Recommendations may include censure, removal from 
committee membership, or expulsion from the House, in the case of a 
Member, or removal from office or employment or punishment for 
contempt, in the case of an officer or employee.
    ``(F) The Committee on Intelligence may permit a personal 
representative of the President, designated by the President to serve 
as a liaison to the committee, to attend any closed meeting of the 
committee.
    ``(G) Subject to the Rules of the House, funds may not be 
appropriated for a fiscal year, with the exception of a bill or joint 
resolution continuing appropriations, or an amendment thereto, or a 
conference report thereon, to, or for use of, a department or agency of 
the United States to carry out any of the following activities, unless 
the funds shall previously have been authorized by a bill or joint 
resolution passed by the House during the same or preceding fiscal year 
to carry out such activity for such fiscal year:
            ``(i) The activities of the Central Intelligence Agency and 
        the Director of Central Intelligence.
            ``(ii) The activities of the Defense Intelligence Agency.
            ``(iii) The activities of the National Security Agency.
            ``(iv) The intelligence and intelligence-related activities 
        of other agencies and subdivisions of the Department of 
        Defense.
            ``(v) The intelligence and intelligence-related activities 
        of the Department of State.
            ``(vi) The intelligence and intelligence-related activities 
        of the Federal Bureau of Investigation, including all 
        activities of the Intelligence Division.
            ``(vii) The activities of the Director of National 
        Intelligence.
    ``(H)(i) In this clause, the term `intelligence and intelligence-
related activities' includes--
            ``(I) the collection, analysis, production, dissemination, 
        or use of information that relates to a foreign country, or a 
        government, political group, party, military force, movement, 
        or other association in a foreign country, and that relates to 
        the defense, foreign policy, national security, or related 
        policies of the United States and other activity in support of 
        the collection, analysis, production, dissemination, or use of 
        such information;
            ``(II) activities taken to counter similar activities 
        directed against the United States;
            ``(III) covert or clandestine activities affecting the 
        relations of the United States with a foreign government, 
        political group, party, military force, movement, or other 
        association;
            ``(IV) the collection, analysis, production, dissemination, 
        or use of information about activities of persons within the 
        United States, its territories and possessions, or nationals of 
        the United States abroad whose political and related activities 
        pose, or may be considered by a department, agency, bureau, 
        office, division, instrumentality, or employee of the United 
        States to pose, a threat to the internal security of the United 
        States; and
            ``(V) covert or clandestine activities directed against 
        persons described in (IV).
    ``(ii) In this clause, the term `department or agency' includes any 
organization, committee, council, establishment, or office within the 
Federal Government.
    ``(iii) For purposes of this clause, reference to a department, 
agency, bureau, or subdivision shall include a reference to any 
successor department, agency, bureau, or subdivision to the extent that 
a successor engages in intelligence or intelligence-related activities 
now conducted by the department, agency, bureau, or subdivision 
referred to in this clause.
    ``(I) Clause 12(a) of rule XXII does not apply to meetings of a 
conference committee respecting legislation (or any part thereof) 
reported by the Committee on Intelligence.''.
    (c) Clause 5(a) of rule X of the Rules of the House of 
Representatives is amended by adding at the end the following new 
subparagraph:
    ``(4)(A) The Committee on Intelligence shall be composed of not 
more than 18 Members, Delegates, or the Resident Commissioner, of whom 
not more than 10 may be from the same party. The committee shall 
include at least one Member, Delegate, or the Resident Commissioner 
from each of the following committees:
            ``(i) The Committee on Appropriations.
            ``(ii) The Committee on Armed Services.
            ``(iii) The Committee on International Relations.
            ``(iv) The Committee on the Judiciary.
    ``(B) The Speaker and the Minority Leader shall be ex officio 
members of the Committee on Intelligence, but shall have no vote in the 
committee and may not be counted for purposes of determining a quorum.
    ``(C) The Speaker and Minority Leader each may designate a member 
of his leadership staff to assist him in his capacity as ex officio 
member, with the same access to committee meetings, hearings, 
briefings, and materials as employees of the committee and subject to 
the same security clearance and confidentiality requirements as 
employees of the committee under this clause.''.

SEC. 223. SUBCOMMITTEE LIMITATION ON COMMITTEE ON APPROPRIATIONS.

    The second sentence of clause 5(d)(2) of rule X of the Rules of the 
House of Representatives is amended by striking ``13'' and inserting 
``14 (of which one is a Subcommittee on Intelligence)''.

SEC. 224. MEMBERSHIP ON COMMITTEE ON APPROPRIATIONS.

    Clause 5 of rule X of the Rules of the House of Representatives is 
amended by adding at the end the following new paragraph:
    ``(f) One-third of the members of the Committee on Intelligence 
(but if such number is not an even-number divisible by three, then the 
next highest even-number that is divisible by three) shall be members 
of the Committee on Appropriations, of whom not more than one-half 
shall be from the same party.''.

SEC. 225. CONFORMING AMENDMENTS.

    (a) Clause 3(l) of rule X of the Rules of the House of 
Representatives is amended by striking ``Permanent Select'' and by 
striking ``clause 11(b)(1)(A)'' and inserting ``clause 1(k)''.
    (b) Clause 9(a)(2) of rule X of the Rules of the House of 
Representatives is amended by striking ``Permanent Select''.
    (c) Clause 11 of rule 10 of the Rules of the House of 
Representatives is repealed.
    (d) Clause 2(g)(2)(D) of rule 11 of the Rules of the House of 
Representatives is amended by striking ``Permanent Select''.

      CHAPTER 2--HOMELAND SECURITY OVERSIGHT REFORM IN THE SENATE

                    Subchapter A--Homeland Security

SEC. 231. HOMELAND SECURITY.

    (a) Committee on Homeland Security and Government Affairs.--The 
Committee on Governmental Affairs is renamed as the Committee on 
Homeland Security and Governmental Affairs.
    (b) Jurisdiction.--There shall be referred to the committee all 
proposed legislation, messages, petitions, memorials, and other matters 
relating to the following subjects:
            (1) Department of Homeland Security, except matters 
        relating to the Coast Guard, the Transportation Security 
        Administration, the Federal Law Enforcement Training Center, 
        and the revenue functions of the Customs Service.
            (2) Archives of the United States.
            (3) Budget and accounting measures, other than 
        appropriations, except as provided in the Congressional Budget 
        Act of 1974.
            (4) Census and collection of statistics, including economic 
        and social statistics.
            (5) Congressional organization, except for any part of the 
        matter that amends the rules or orders of the Senate.
            (6) Federal Civil Service.
            (7) Government information.
            (8) Intergovernmental relations.
            (9) Municipal affairs of the District of Columbia, except 
        appropriations therefor.
            (10) Organization and management of United States nuclear 
        export policy.
            (11) Organization and reorganization of the executive 
        branch of the Government.
            (12) Postal Service.
            (13) Status of officers and employees of the United States, 
        including their classification, compensation, and benefits.
    (c) Additional Duties.--The committee shall have the duty of--
            (1) receiving and examining reports of the Comptroller 
        General of the United States and of submitting such 
        recommendations to the Senate as it deems necessary or 
        desirable in connection with the subject matter of such 
        reports;
            (2) studying the efficiency, economy, and effectiveness of 
        all agencies and departments of the Government;
            (3) evaluating the effects of laws enacted to reorganize 
        the legislative and executive branches of the Government; and
            (4) studying the intergovernmental relationships between 
        the United States and the States and municipalities, and 
        between the United States and international organizations of 
        which the United States is a member.
    (d) Jurisdiction of Senate Committees.--The jurisdiction of the 
Committee on Homeland Security and Governmental Affairs provided in 
subsection (b)(1) shall supersede the jurisdiction of any other 
committee of the Senate provided in the rules of the Senate.

              Subchapter B--Intelligence Oversight Reform

SEC. 241. INTELLIGENCE OVERSIGHT.

    (a) Committee on Armed Services Membership.--Section 2(a)(3) of 
Senate Resolution 400, agreed to May 19, 1976 (94th Congress) (referred 
to in this section as ``S. Res. 400'') is amended by--
            (1) inserting ``(A)'' after ``(3)''; and
            (2) inserting at the end the following:
                    ``(B) The Chairman and Ranking Member of the 
                Committee on Armed Services (if not already a member of 
                the select Committee) shall be ex officio members of 
                the select Committee but shall have no vote in the 
                Committee and shall not be counted for purposes of 
                determining a quorum.''.
    (b) Number of Members.--Section 2(a) of S. Res. 400 is amended--
            (1) in paragraph (1), by inserting ``not to exceed'' before 
        ``fifteen members'';
            (2) in paragraph (1)(E), by inserting ``not to exceed'' 
        before ``seven''; and
            (3) in paragraph (2), by striking the second sentence and 
        inserting ``Of any members appointed under paragraph (1)(E), 
        the majority leader shall appoint the majority members and the 
        minority leader shall appoint the minority members, with the 
        majority having a one vote margin.''.
    (c) Elimination of Term Limits.--Section 2 of Senate Resolution 
400, 94th Congress, agreed to May 19, 1976, is amended by striking 
subsection (b) and by redesignating subsection (c) as subsection (b).
    (d) Appointment of Chairman and Vice Chairman.--Section 2(b) of S. 
Res. 400, as redesignated by subsection (c) of this section, is amended 
by striking the first sentence and inserting the following: ``At the 
beginning of each Congress, the Majority Leader of the Senate shall 
select a chairman of the select Committee and the Minority Leader shall 
select a vice chairman for the select Committee.''.
    (e) Subcommittees.--Section 2 of S. Res. 400, as amended by 
subsections (a) through (d), is amended by adding at the end the 
following:
    ``(c) The select Committee may be organized into subcommittees. 
Each subcommittee shall have a chairman and a vice chairman who are 
selected by the Chairman and Vice Chairman of the select Committee, 
respectively.''.
    (f) Reports.--Section 4(a) of S. Res. 400 is amended by inserting 
``, but not less than quarterly,'' after ``periodic''.
    (g) Staff.--Section 15 of S. Res. 400 is amended to read as 
follows:
    ``Sec. 15.  (a) The select Committee shall hire or appoint one 
employee for each member of the select Committee to serve as such 
Member's designated representative on the select Committee. The select 
Committee shall only hire or appoint an employee chosen by the 
respective Member of the select Committee for whom the employee will 
serve as the designated representative on the select Committee.
    ``(b) The select Committee shall be afforded a supplement to its 
budget, to be determined by the Committee on Rules and Administration, 
to allow for the hire of each employee who fills the position of 
designated representative to the select Committee. The designated 
representative shall have office space and appropriate office equipment 
in the select Committee spaces, and shall have full access to select 
Committee staff, information, records, and databases.
    ``(c) The designated employee shall meet all the requirements of 
relevant statutes, Senate rules, and committee clearance requirements 
for employment by the select Committee.''.
    (h) Nominees.--S. Res. 400 is amended by adding at the end the 
following:
    ``Sec. 17.  (a) The select Committee shall have jurisdiction for 
reviewing, holding hearings, and voting on civilian persons nominated 
by the President to fill a position within the intelligence community 
that requires the advice and consent of the Senate.
    ``(b) Other committees with jurisdiction over the nominees' 
executive branch department may hold hearings and interviews with that 
person.''.

                     Subchapter C--Committee Status

SEC. 251. COMMITTEE STATUS.

    (a) Homeland Security.--The Committee on Homeland Security and 
Governmental Affairs shall be treated as the Committee on Governmental 
Affairs listed under paragraph 2 of rule XXV of the Standing Rules of 
the Senate for purposes of the Standing Rules of the Senate.
    (b) Intelligence.--The Select Committee on Intelligence shall be 
treated as a committee listed under paragraph 2 of rule XXV of the 
Standing Rules of the Senate for purposes of the Standing Rules of the 
Senate.

            Subchapter D--Intelligence-Related Subcommittees

SEC. 261. SUBCOMMITTEE RELATED TO INTELLIGENCE OVERSIGHT.

    (a) Establishment.--There is established in the Select Committee on 
Intelligence a Subcommittee on Oversight which shall be in addition to 
any other subcommittee established by the select Committee.
    (b) Responsibility.--The Subcommittee on Oversight shall be 
responsible for ongoing oversight of intelligence activities.

SEC. 262. SUBCOMMITTEE RELATED TO INTELLIGENCE APPROPRIATIONS.

    (a) Establishment.--There is established in the Committee on 
Appropriations a Subcommittee on Intelligence. The Subcommittee on 
Military Construction shall be combined with the Subcommittee on 
Defense into 1 subcommittee.
    (b) Jurisdiction.--The Subcommittee on Intelligence of the 
Committee on Appropriations shall have jurisdiction over funding for 
intelligence matters.

                       CHAPTER 3--EFFECTIVE DATE

SEC. 271. EFFECTIVE DATE.

    This subtitle shall take effect on the convening of the 110th 
Congress.

      Subtitle D--Declassification of Overall Intelligence Budget

SEC. 281. AVAILABILITY TO PUBLIC OF CERTAIN INTELLIGENCE FUNDING 
              INFORMATION.

    (a) Amounts Requested Each Fiscal Year.--The President shall 
disclose to the public for each fiscal year after fiscal year 2005--
            (1) the aggregate amount of appropriations requested in the 
        budget of the President for the fiscal year concerned for the 
        intelligence and intelligence-related activities of the United 
        States Government; and
            (2) the aggregate amount of appropriations requested in the 
        budget of the President for the fiscal year concerned for each 
        element or component of the intelligence community.
    (b) Amounts Appropriated Each Fiscal Year.--Congress shall disclose 
to the public for each fiscal year after fiscal year 2005--
            (1) the aggregate amount of funds appropriated by Congress 
        for the fiscal year concerned for the intelligence and 
        intelligence-related activities of the United States 
        Government; and
            (2) the aggregate amount of funds appropriated by Congress 
        for the fiscal year concerned for each element or component of 
        the intelligence community.

              Subtitle E--Standardize Security Clearances

SEC. 282. STANDARDIZATION OF SECURITY CLEARANCES.

    (a) Report; Certification.--Not later than 30 days after the date 
of the enactment of this Act, and every 30 days thereafter, the 
Director of the Office of Personnel Management, in consultation with 
the Director of National Intelligence, the Secretary of Defense, and 
the Secretary of Homeland Security, shall submit to the relevant 
congressional committees a report on the recommendations of the 9/11 
Commission and the policy goals of section 3001 of the Intelligence 
Reform and Terrorism Prevention Act of 2004 (Public Law 108-458) with 
respect to security clearances, including with respect to uniform 
policies and procedures for the completion of security clearances and 
reciprocal recognition of such security clearances among agencies of 
the United States Government. Such report shall include--
            (1) a certification by the Director of the Office of 
        Personnel Management that such recommendations have been 
        implemented and such policy goals have been achieved; or
            (2) if the Director of the Office of Personnel Management 
        is unable to make the certification described in paragraph (1), 
        a description of--
                    (A) the steps taken to implement such 
                recommendations and achieve such policy goals;
                    (B) when the Director of the Office of Personnel 
                Management expects such recommendations to be 
                implemented and such policy goals to be achieved; and
                    (C) any allocation of resources or other actions by 
                Congress the Director considers necessary to implement 
                such recommendations and achieve such policy goals.
    (b) Termination of Duty to Report.--The duty to submit a report 
under subsection (a) shall terminate when the Director of the Office of 
Personnel Management submits a certification pursuant to subsection 
(a)(1).
    (c) GAO Review of Certification.--If the Director of the Office of 
Personnel Management submits a certification pursuant to subsection 
(a)(1), not later than 30 days after the submission of such 
certification, the Comptroller General shall submit to the relevant 
congressional committees a report on whether the recommendations 
described in subsection (a) have been implemented and whether the 
policy goals described in subsection (a) have been achieved.

   TITLE III--FOREIGN POLICY, PUBLIC DIPLOMACY, AND NONPROLIFERATION

                       Subtitle A--Foreign Policy

SEC. 301. ACTIONS TO ENSURE A LONG-TERM COMMITMENT TO AFGHANISTAN.

    (a) Sense of Congress.--It is the sense of Congress that the 
Government of the United States--
            (1) should give priority to providing assistance to 
        Afghanistan to establish a substantial economic infrastructure 
        and a sound economy; and
            (2) should continue to provide economic and development 
        assistance to Afghanistan, including assistance to the Afghan 
        National Army and the police forces and border police of 
        Afghanistan.
    (b) Report; Certification.--Not later than 30 days after the date 
of the enactment of this Act, and every 30 days thereafter, the 
President shall submit to the relevant congressional committees a 
report on the recommendations of the 9/11 Commission and the policy 
goals of section 305 of of the Afghanistan Freedom Support Act of 2002 
(22 U.S.C. 7555) (as added by section 7104(e)(4)(A) of the Intelligence 
Reform and Terrorism Prevention Act of 2004 (Public Law 108-458)) for 
ensuring a long-term commitment to Afghanistan. Such report shall 
include--
            (1) a certification by the President that such 
        recommendations have been implemented and such policy goals 
        have been achieved; or
            (2) if the President is unable to make the certification 
        described in paragraph (1), a description of--
                    (A) the steps taken to implement such 
                recommendations and achieve such policy goals;
                    (B) when the President expects such recommendations 
                to be implemented and such policy goals to be achieved; 
                and
                    (C) any allocation of resources or other actions by 
                Congress the President considers necessary to implement 
                such recommendations and achieve such policy goals.
    (c) Termination of Duty to Report.--The duty to submit a report 
under subsection (b) shall terminate when the President submits a 
certification pursuant to subsection (b)(1).
    (d) GAO Review of Certification.--If the President submits a 
certification pursuant to subsection (b)(1), not later than 30 days 
after the submission of such certification, the Comptroller General 
shall submit to the relevant congressional committees a report on 
whether the recommendations described in subsection (b) has been 
implemented and whether the policy goals described in subsection (b) 
have been achieved.
    (e) Definition.--In this section, the term ``relevant congressional 
committees'' means--
            (1) the Committee on International Relations and the 
        Committee on Government Reform of the House of Representatives; 
        and
            (2) the Committee on Foreign Relations and the Committee on 
        Homeland Security and Governmental Affairs of the Senate.

SEC. 302. ACTIONS TO SUPPORT PAKISTAN AGAINST EXTREMISTS.

    (a) Sense of Congress.--It is the sense of Congress that--
            (1) the commitment of the President to provide $3 billion 
        in assistance over the next five years to Pakistan should be 
        commended;
            (2) the Government of the United States should provide 
        assistance to Pakistan to improve Pakistan's failing basic 
        education system and to emphasize development; and
            (3) the Government of the United States should strongly 
        urge the Government of Pakistan to close Taliban-linked schools 
        known as ``madrassas'', close terrorist training camps, and 
        prevent Taliban forces from operating across the border between 
        Pakistan and Afghanistan.
    (b) Report.--Not later than 90 days after the date of the enactment 
of this Act, the Secretary of State shall submit to the Committee on 
International Relations of the House of Representatives and the 
Committee on Foreign Relations of the Senate a report on efforts by the 
Government of Pakistan take the actions described in subsection (a)(3).

SEC. 303. ACTIONS TO SUPPORT REFORM IN SAUDI ARABIA.

    (a) Sense of Congress.--It is the sense of Congress that--
            (1) the Government of the United States and the Government 
        of Saudi Arabia should accelerate efforts to improve strategic 
        dialogue between the two countries, increase exchange programs, 
        and promote pragmatic reforms in Saudi Arabia; and
            (2) the Government of Saudi Arabia should take additional 
        steps to regulate charities and promote tolerance and 
        moderation.
    (b) Report; Certification.--Not later than 30 days after the date 
of the enactment of this Act, and every 30 days thereafter, the 
Secretary of State shall submit to the relevant congressional 
committees a report on the recommendations of the 9/11 Commission and 
the policy goals of section 7105 of the Intelligence Reform and 
Terrorism Prevention Act of 2004 (Public Law 108-458) for improving 
dialogue between the people and Government of the United States and the 
people and Government of Saudi Arabia in order to improve the 
relationship between the two countries. Such report shall include--
            (1) a certification by the Secretary of State that such 
        recommendations have been implemented and such policy goals 
        have been achieved; or
            (2) if the Secretary of State is unable to make the 
        certification described in paragraph (1), a description of--
                    (A) the steps taken to implement such 
                recommendations and achieve such policy goals;
                    (B) when the Secretary of State expects such 
                recommendations to be implemented and such policy goals 
                to be achieved; and
                    (C) any allocation of resources or other actions by 
                Congress the Secretary of State considers necessary to 
                implement such recommendations and achieve such policy 
                goals.
    (c) Termination of Duty to Report.--The duty to submit a report 
under subsection (b) shall terminate when the Secretary of State 
submits a certification pursuant to subsection (b)(1).
    (d) GAO Review of Certification.--If the Secretary of State submits 
a certification pursuant to subsection (b)(1), not later than 30 days 
after the submission of such certification, the Comptroller General 
shall submit to the relevant congressional committees a report on 
whether the recommendations described in subsection (b) have been 
implemented and whether the policy goals described in subsection (b) 
have been achieved.
    (e) Definition.--In this section, the term ``relevant congressional 
committees'' means--
            (1) the Committee on International Relations and the 
        Committee on Government Reform of the House of Representatives; 
        and
            (2) the Committee on Foreign Relations and the Committee on 
        Homeland Security and Governmental Affairs of the Senate.

SEC. 304. ELIMINATION OF TERRORIST SANCTUARIES.

    (a) National Counterterrorism Center Identification of Terrorist 
Sanctuaries.--Subsection (d) of section 119 of National Security Act of 
1947 (50 U.S.C. 404o) is amended by adding at the end the following new 
paragraph:
            ``(7) To identify each country whose territory is being 
        used as a sanctuary for terrorists or terrorist organizations 
        and each country whose territory may potentially be used as a 
        sanctuary for terrorists or terrorist organizations and to 
        develop a comprehensive strategy to eliminate terrorist 
        sanctuaries.''.
    (b) Report.--Such section is further amended by adding at the end 
the following new subsection:
    ``(k) Report on Terrorist Sanctuaries.--Not later than 90 days 
after the date of the enactment of this Act, and annually thereafter, 
the Director of the National Counterterrorism Center shall submit to 
the Committee on International Relations, the Permanent Select 
Committee on Intelligence, the Committee on Homeland Security, and the 
Committee on Government Reform of the House of Representatives and the 
Committee on Foreign Relations, the Select Committee on Intelligence, 
and the Committee on Homeland Security and Governmental Affairs of the 
Senate a report on terrorist sanctuaries, including a description of 
the--
            ``(1) countries whose territory is being used as a 
        sanctuary for terrorists or terrorist organizations;
            ``(2) countries whose territory may potentially be used as 
        a sanctuary for terrorists or terrorist organizations;
            ``(3) strategy to eliminate each such sanctuary; and
            ``(4) progress that has been made in accomplishing such 
        strategy.''.

SEC. 305. COMPREHENSIVE COALITION STRATEGY AGAINST ISLAMIST TERRORISM.

    (a) Sense of Congress.--It is the sense of Congress that the United 
States--
            (1) should continue to engage other countries in developing 
        a comprehensive coalition strategy against Islamist terrorism; 
        and
            (2) should use a broader approach to target the roots of 
        terrorism, including developing strategies with other countries 
        to encourage reform efforts in Saudi Arabia and Pakistan, 
        improving educational and economic opportunities in Muslim 
        countries, identifying and eliminating terrorist sanctuaries, 
        and making progress in the Arab-Israeli peace process.
    (b) Report; Certification.--Not later than 30 days after the date 
of the enactment of this Act, and every 30 days thereafter, the 
Secretary of State shall submit to the relevant congressional 
committees a report on the recommendations of the 9/11 Commission and 
the policy goals of section 7117 of the Intelligence Reform and 
Terrorism Prevention Act of 2004 (Public Law 108-458) for engaging 
other countries in developing a comprehensive coalition strategy for 
combating terrorism. Such report shall include--
            (1) a certification by the Secretary of State that such 
        recommendations have been implemented and such policy goals 
        have been achieved; or
            (2) if the Secretary of State is unable to make the 
        certification described in paragraph (1), a description of--
                    (A) the steps taken to implement such 
                recommendations and achieve such policy goals;
                    (B) when the Secretary of State expects such 
                recommendations to be implemented and such policy goals 
                to be achieved; and
                    (C) any allocation of resources or other actions by 
                Congress the Secretary of State considers necessary to 
                implement such recommendations and achieve such policy 
                goals.
    (c) Termination of Duty to Report.--The duty to submit a report 
under subsection (b) shall terminate when the Secretary of State 
submits a certification pursuant to subsection (b)(1).
    (d) GAO Review of Certification.--If the Secretary of State submits 
a certification pursuant to subsection (b)(1), not later than 30 days 
after the submission of such certification, the Comptroller General 
shall submit to the relevant congressional committees a report on 
whether the recommendations described in subsection (b) have been 
implemented and whether the policy goals described in subsection (b) 
have been achieved.
    (e) Definition.--In this section, the term ``relevant congressional 
committees'' means--
            (1) the Committee on International Relations and the 
        Committee on Government Reform of the House of Representatives; 
        and
            (2) the Committee on Foreign Relations and the Committee on 
        Homeland Security and Governmental Affairs of the Senate.

SEC. 306. STANDARDS FOR THE DETENTION AND HUMANE TREATMENT OF CAPTURED 
              TERRORISTS.

    (a) Report; Certification.--Not later than 30 days after the date 
of the enactment of this Act, and every 30 days thereafter, the 
Secretary of State, in consultation with the Attorney General, shall 
submit to the relevant congressional committees a report on the 
recommendations of the 9/11 Commission for engaging United States 
allies to develop a common coalition approach toward the detention and 
humane treatment of captured terrorists and the policy goals of 
sections 1002, 1003, and 1005 of the Department of Defense, Emergency 
Supplemental Appropriations to Address Hurricanes in the Gulf of 
Mexico, and Pandemic Influenza Act, 2006 (Public Law 109-148). Such 
report shall include--
            (1) a certification by the Secretary of State that such 
        recommendations have been implemented and such policy goals 
        have been achieved; or
            (2) if the Secretary of State is unable to make the 
        certification described in paragraph (1), a description of--
                    (A) the steps taken to implement such 
                recommendations and achieve such policy goals;
                    (B) when the Secretary of State expects such 
                recommendations to be implemented and such policy goals 
                to be achieved; and
                    (C) any allocation of resources or other actions by 
                Congress the Secretary of State considers necessary to 
                implement such recommendations and achieve such policy 
                goals.
    (b) Termination of Duty to Report.--The duty to submit a report 
under subsection (a) shall terminate when the Secretary of State 
submits a certification pursuant to subsection (a)(1).
    (c) GAO Review of Certification.--If the Secretary of State submits 
a certification pursuant to subsection (a)(1), not later than 30 days 
after the submission of such certification, the Comptroller General 
shall submit to the relevant congressional committees a report on 
whether the recommendations described in subsection (a) have been 
implemented and whether the policy goals described in subsection (a) 
have been achieved.
    (d) Definition.--In this section, the term ``relevant congressional 
committees'' means--
            (1) the Committee on International Relations, the Committee 
        on Armed Services, and the Committee on Government Reform of 
        the House of Representatives; and
            (2) the Committee on Foreign Relations, the Committee on 
        Armed Services, and the Committee on Homeland Security and 
        Governmental Affairs of the Senate.

SEC. 307. USE OF ECONOMIC POLICIES TO COMBAT TERRORISM.

    (a) Report; Certification.--Not later than 30 days after the date 
of the enactment of this Act, and every 30 days thereafter, the 
Secretary of State, in consultation with the United States Trade 
Representative, shall submit to the relevant congressional committees a 
report on the recommendations of the 9/11 Commission and the policy 
goals of section 7115 of the Intelligence Reform and Terrorism 
Prevention Act of 2004 (Public Law 108-458) for developing economic 
policies to combat terrorism. Such report shall include--
            (1) a certification by the Secretary of State that such 
        recommendations have been implemented and such policy goals 
        have been achieved, including a description of the extent to 
        which the policy goals of paragraphs (1) through (4) of section 
        7115(b) of the Intelligence Reform and Terrorism Prevention Act 
        of 2004 have been achieved; or
            (2) if the Secretary of State is unable to make the 
        certification described in paragraph (1), a description of--
                    (A) the steps taken to implement such 
                recommendations and achieve such policy goals;
                    (B) when the Secretary of State expects such 
                recommendations to be implemented and such policy goals 
                to be achieved; and
                    (C) any allocation of resources or other actions by 
                Congress the Secretary of State considers necessary to 
                implement such recommendations and achieve such policy 
                goals.
    (b) Termination of Duty to Report.--The duty to submit a report 
under subsection (a) shall terminate when the Secretary of State 
submits a certification pursuant to subsection (a)(1).
    (c) GAO Review of Certification.--If the Secretary of State submits 
a certification pursuant to subsection (a)(1), not later than 30 days 
after the submission of such certification, the Comptroller General 
shall submit to the relevant congressional committees a report on 
whether the recommendations described in subsection (a) have been 
implemented and whether the policy goals described in subsection (a) 
have been achieved.
    (d) Definition.--In this section, the term ``relevant congressional 
committees'' means--
            (1) the Committee on International Relations and the 
        Committee on Government Reform of the House of Representatives; 
        and
            (2) the Committee on Foreign Relations and the Committee on 
        Homeland Security and Governmental Affairs of the Senate.

SEC. 308. ACTIONS TO ENSURE VIGOROUS EFFORTS AGAINST TERRORIST 
              FINANCING.

    (a) Findings.--Congress finds the following:
            (1) Financial institutions have too little information 
        about money laundering and terrorist financing compliance in 
        other markets.
            (2) The current Financial Action Task Force designation 
        system does not adequately represent the progress countries are 
        making in combatting money laundering.
            (3) Lack of information about the compliance of countries 
        with anti-money laundering standards exposes United States 
        financial markets to excessive risk.
            (4) Failure to designate countries that fail to make 
        progress in combatting terrorist financing and money laundering 
        eliminates incentives for internal reform.
            (5) The Secretary of the Treasury has an affirmative duty 
        to provide to financial institutions and examiners the best 
        possible information on compliance with anti-money laundering 
        and terrorist financing initiatives in other markets.
    (b) Report.--Not later than March 1 of each year, the Secretary of 
the Treasury shall submit to relevant congressional committees a report 
that identifies the applicable standards of each country against money 
laundering and states whether that country is a country of primary 
money laundering concern under section 5318A of title 31, United States 
Code. The report shall include--
            (1) information on the effectiveness of each country in 
        meeting its standards against money laundering;
            (2) a determination of whether that the efforts of that 
        country to combat money laundering and terrorist financing are 
        adequate, improving, or inadequate; and
            (3) the efforts made by the Secretary to provide to the 
        government of each such country of concern technical assistance 
        to cease the activities that were the basis for the 
        determination that the country was of primary money laundering 
        concern.
    (c) Dissemination of Information in Report.--The Secretary of the 
Treasury shall make available to the Federal Financial Institutions 
Examination Council for incorporation into the examination process, in 
consultation with Federal banking agencies, and to financial 
institutions the information contained in the report submitted under 
subsection (b). Such information shall be made available to financial 
institutions without cost.
    (d) Definitions.--In this section:
            (1) Financial institution.--The term ``financial 
        institution'' has the meaning given that term in section 
        5312(a)(2) of title 31, United States Code.
            (2) Relevant congressional committees.--The term ``relevant 
        congressional committees'' means--
                    (A) the Committee on Financial Services, the 
                Committee on Government Reform, and the Committee on 
                the Judiciary of the House of Representatives; and
                    (B) the Committee on Banking, Housing, and Urban 
                Affairs, the Committee on Homeland Security and 
                Governmental Affairs, and the Committee on the 
                Judiciary of the Senate.

                      Subtitle B--Public Diplomacy

SEC. 311. PUBLIC DIPLOMACY RESPONSIBILITIES OF THE DEPARTMENT OF STATE 
              AND PUBLIC DIPLOMACY TRAINING OF MEMBERS OF THE FOREIGN 
              SERVICE.

    (a) Report; Certification.--Not later than 30 days after the date 
of the enactment of this Act, and every 30 days thereafter, the 
Secretary of State shall submit to the relevant congressional 
committees a report on the recommendations of the 9/11 Commission and 
the policy goals of sections 7109 and 7110 the Intelligence Reform and 
Terrorism Prevention Act of 2004 (Public Law 108-458), and the 
amendments made by such sections, regarding the public diplomacy 
responsibilities of the Department of State and public diplomacy 
training of members of the Foreign Service. Such report shall include--
            (1) a certification by the Secretary of State that such 
        recommendations have been implemented and such policy goals 
        have been achieved; or
            (2) if the Secretary of State is unable to make the 
        certification described in paragraph (1), a description of--
                    (A) the steps taken to implement such 
                recommendations and achieve such policy goals;
                    (B) when the Secretary of State expects such 
                recommendations to be implemented and such policy goals 
                to be achieved; and
                    (C) any allocation of resources or other actions by 
                Congress the Secretary of State considers necessary to 
                implement such recommendations and achieve such policy 
                goals.
    (b) Termination of Duty to Report.--The duty to submit a report 
under subsection (a) shall terminate when the Secretary of State 
submits a certification pursuant to subsection (a)(1).
    (c) GAO Review of Certification.--If the Secretary of State submits 
a certification pursuant to subsection (a)(1), not later than 30 days 
after the submission of such certification, the Comptroller General 
shall submit to the relevant congressional committees a report on 
whether the recommendations described in subsection (a) have been 
implemented and whether the policy goals described in subsection (a) 
have been achieved.
    (d) Definition.--In this section, the term ``relevant congressional 
committees'' means--
            (1) the Committee on International Relations and the 
        Committee on Government Reform of the House of Representatives; 
        and
            (2) the Committee on Foreign Relations and the Committee on 
        Homeland Security and Governmental Affairs of the Senate.

SEC. 312. INTERNATIONAL BROADCASTING.

    (a) Report.--Not later than 90 days after the date of the enactment 
of this Act, the Broadcasting Board of Governors shall submit to the 
relevant congressional committees a report on--
            (1) the activities of Radio Sawa and Radio Al-Hurra; and
            (2) the extent to which the activities of Radio Sawa and 
        Radio Al-Hurra have been successful, including an analysis of 
        impact of the activities on the audience and audience 
        demographics and whether or not funding is adequate to carry 
        out the activities.
    (b) Definition.--In this section, the term ``relevant congressional 
committees'' means--
            (1) the Committee on International Relations and the 
        Committee on Government Reform of the House of Representatives; 
        and
            (2) the Committee on Foreign Relations and the Committee on 
        Homeland Security and Governmental Affairs of the Senate.

SEC. 313. EXPANSION OF UNITED STATES SCHOLARSHIP, EXCHANGE, AND LIBRARY 
              PROGRAMS IN THE ISLAMIC WORLD.

    (a) Report; Certification.--Not later than 30 days after the date 
of the enactment of this Act, and every 30 days thereafter, the 
Secretary of State shall submit to the relevant congressional 
committees a report on the recommendations of the 9/11 Commission and 
the policy goals of sections 7112 of the Intelligence Reform and 
Terrorism Prevention Act of 2004 (Public Law 108-458) for expanding 
United States scholarship, exchange, and library programs in the 
Islamic world. Such report shall include--
            (1) a certification by the Secretary of State that such 
        recommendations have been implemented and such policy goals 
        have been achieved; or
            (2) if the Secretary of State is unable to make the 
        certification described in paragraph (1), a description of--
                    (A) the steps taken to implement such 
                recommendations and achieve such policy goals;
                    (B) when the Secretary of State expects such 
                recommendations to be implemented and such policy goals 
                to be achieved; and
                    (C) any allocation of resources or other actions by 
                Congress the Secretary of State considers necessary to 
                implement such recommendations and achieve such policy 
                goals.
    (b) Termination of Duty to Report.--The duty to submit a report 
under subsection (a) shall terminate when the Secretary of State 
submits a certification pursuant to subsection (a)(1).
    (c) GAO Review of Certification.--If the Secretary of State submits 
a certification pursuant to subsection (a)(1), not later than 30 days 
after the submission of such certification, the Comptroller General 
shall submit to the relevant congressional committees a report on 
whether the recommendations described in subsection (a) have been 
implemented and whether the policy goals described in subsection (a) 
have been achieved.
    (d) Definition.--In this section, the term ``relevant congressional 
committees'' means--
            (1) the Committee on International Relations and the 
        Committee on Government Reform of the House of Representatives; 
        and
            (2) the Committee on Foreign Relations and the Committee on 
        Homeland Security and Governmental Affairs of the Senate.

SEC. 314. INTERNATIONAL YOUTH OPPORTUNITY FUND.

    (a) Sense of Congress.--It is the sense of Congress that--
            (1) the Middle East Partnership Initiative (MEPI) and the 
        United States Agency for International Development should be 
        commended for initiating programs in predominantly Muslim 
        countries to support secular education improvements and the 
        teaching of English, including programs that focus on the 
        education of women;
            (2) the secular education programs of MEPI and the United 
        States Agency for International Development are a constructive 
        start to answering the challenge of secular education in 
        predominantly Muslim countries;
            (3) the secular education programs of MEPI and the United 
        States Agency for International Development should be 
        components of an overall strategy for educational assistance--
        itself one component of an overall United States strategy for 
        counterterrorism--targeted where the need and the benefit to 
        the national security of the United States are greatest; and
            (4) upon formation of a broader strategy for international 
        educational assistance targeted toward the Middle East, a 
        significant increase in funding for these initiatives should be 
        provided.
    (b) International Youth Opportunity Fund.--There are authorized to 
be appropriated to the Secretary of State $50,000,000 for each of the 
fiscal years 2007 and 2008 to support the establishment of an 
International Youth Opportunity Fund pursuant to section 7114 of the 
Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 
108-458).

                      Subtitle C--Nonproliferation

SEC. 321. SHORT TITLE.

    This subtitle may be cited as the ``Omnibus Nonproliferation and 
Anti-Nuclear Terrorism Act of 2006''.

SEC. 322. FINDINGS.

    Congress finds the following:
            (1) Loose nuclear weapons and materials in the former 
        soviet union.--
                    (A) There are in the world today enormous 
                stockpiles of nuclear weapons and the materials 
                required to make them. Counting materials both in 
                assembled warheads and in other forms, worldwide totals 
                are estimated to encompass some 1,900 tons of highly 
                enriched uranium (enough for 143,000 nuclear weapons) 
                and 1,855 tons of plutonium (enough for 330,000 nuclear 
                weapons).
                    (B) The Russian Federation alone is estimated to 
                have over 1,000 tons of highly enriched uranium (enough 
                for over 80,000 nuclear weapons) and 140 tons of 
                plutonium (enough for over 30,000 nuclear weapons).
                    (C) The United States has been working for over a 
                decade to eliminate stockpiles of loose nuclear weapons 
                and materials in the former Soviet Union, but the 
                Department of Energy acknowledges that there is still a 
                need to properly secure about 460 tons of weapons-
                usable Russian nuclear material (outside of warheads), 
                enough for more than 35,000 nuclear weapons.
                    (D) A recent report by the Central Intelligence 
                Agency faulted the security of nuclear arsenal 
                facilities in the Russian Federation and assessed that 
                ``undetected smuggling has occurred.''
                    (E) There are at least 18 documented incidents of 
                ``proliferation significant'' fissile material 
                trafficking from facilities in the former Soviet Union 
                between 1991 and 2001. In one incident in 1998, an 
                inside conspiracy at a Russian nuclear weapons facility 
                attempted to steal 18.5 kilograms of highly enriched 
                uranium. In another incident, 2 kilograms of highly 
                enriched uranium taken from a research facility in 
                Sukhumi, Georgia, has never been recovered.
                    (F) In May 1994, German police found a small but 
                worrisome quantity of supergrade plutonium in the 
                garage of Adolf Jackle. Extremely expensive to produce, 
                this rare item was likely stolen from one of Russia's 
                two premier nuclear weapons laboratories.
                    (G) Comprehensive security upgrades are not yet 
                completed at 90 percent of Russian nuclear warhead 
                bunkers for Russia's Strategic Rocket Forces.
                    (H) Border security in the former Soviet Union is 
                inconsistent at best. Existing infrastructure helps at 
                the outer borders of the former Soviet Union but many 
                borders internal to the former Soviet Union, such as 
                the border between Kazakhstan and the Russian 
                Federation, exist only on a map.
            (2) Loose nuclear materials around the globe.--
                    (A) Dangerous caches of weapons-usable nuclear 
                materials, much of it poorly secured and vulnerable to 
                theft, exist in a multitude of facilities around the 
                world. For example, there are over 130 research 
                reactors in over 40 countries that house highly 
                enriched uranium, some with enough to manufacture an 
                atomic bomb. In total, about 40 tons of highly enriched 
                uranium, enough for over 1,000 nuclear weapons, is 
                estimated to remain in civilian research reactors.
                    (B) Over the last 50 years, the United States is 
                known to have exported about 27.5 tons of highly 
                enriched uranium to 43 countries to help develop 
                nuclear power production or bolster scientific 
                initiatives. In 1996, the United States began an effort 
                to recover the more than 17.5 tons of the nuclear 
                material that was still overseas, but has recovered 
                only about 1 ton, according to the Department of Energy 
                and the Government Accountability Office.
                    (C) It is especially important to keep highly 
                enriched uranium out of terrorists' hands because, with 
                minimal expertise, they could use it to make the 
                simplest, gun-type nuclear weapon--a device in which a 
                high explosive is used to blow one subcritical piece of 
                highly enriched uranium from one end of a tube into 
                another subcritical piece held at the opposite end of 
                the tube.
                    (D) To Osama bin Laden, acquiring weapons of mass 
                destruction is a ``religious duty''. Al Qaeda and more 
                than two dozen other terrorist groups are pursuing 
                capability to use weapons of mass destruction.
                    (E) Osama bin Laden's press spokesman, Sulaiman Abu 
                Ghaith, has announced that the group aspires ``to kill 
                4 million Americans, including 1 million children,'' in 
                response to casualties supposedly inflicted on Muslims 
                by the United States and Israel.
                    (F) Al Qaeda documents recovered in Afghanistan 
                reveal a determined research effort focused on nuclear 
                weapons.
            (3) Security standards for all nuclear weapons and 
        materials.--
                    (A) There are no international binding standards 
                for the secure handling and storage of nuclear weapons 
                and materials.
                    (B) Making a nuclear weapon requires only 4 to 5 
                kilograms of plutonium or 12 to 15 kilograms of highly 
                enriched uranium.
                    (C) In October 2001, the United States Government 
                became very concerned that Al Qaeda may have smuggled a 
                10-kiloton Russian nuclear warhead into New York City. 
                If placed in lower Manhattan, such a device would 
                probably kill 100,000 people instantly, seriously 
                injure tens of thousands more, and render the entire 
                area uninhabitable for decades to come.
            (4) Russia's nuclear expertise.--
                    (A) Employment at the large nuclear facilities in 
                the Russian Federation's 10 closed nuclear cities is 
                estimated to be in the range of 120,000 to 130,000 
                people, of whom approximately 75,000 were employed on 
                nuclear weapons-related work.
                    (B) Poor wages and living conditions in Russian 
                ``nuclear cities'' have inspired protests and strikes 
                among the employees working in them.
                    (C) Insiders have been caught attempting to smuggle 
                nuclear materials out of these facilities, presumably 
                to sell on the lucrative black market.

SEC. 323. ESTABLISHMENT OF OFFICE OF NONPROLIFERATION PROGRAMS IN THE 
              EXECUTIVE OFFICE OF THE PRESIDENT.

    (a) Establishment.--There is established in the Executive Office of 
the President an Office of Nonproliferation Programs (in this section 
referred to as the ``Office'').
    (b) Director; Associate Directors.--There shall be at the head of 
the Office a Director who shall be appointed by the President, by and 
with the advice and consent of the Senate, and who shall be compensated 
at the rate provided for level II of the Executive Schedule in section 
5313 of title 5. The President is authorized to appoint not more than 
four Associate Directors, by and with the advice and consent of the 
Senate, who shall be compensated at a rate not to exceed that provided 
for level III of the Executive Schedule in section 5314 of such title. 
Associate Directors shall perform such functions as the Director may 
prescribe.
    (c) Primary Functions of Director.--
            (1) In general.--The primary function of the Director is to 
        coordinate and lead--
                    (A) efforts by the United States to curb terrorist 
                access to nuclear technology, materials, or expertise; 
                and
                    (B) other United States nonproliferation 
                activities, including nuclear nonproliferation 
                activities and activities to counter other weapons of 
                mass destruction.
            (2) Specific functions.--In addition to such other 
        functions and activities as the President may assign, the 
        Director shall--
                    (A) advise the President, and others within the 
                Executive Office of the President, on the role and 
                effect of such nonproliferation activities on national 
                security and international relations;
                    (B) lead the development and implementation of a 
                plan (including appropriate budgets, other resources, 
                goals, and metrics for assessing progress) to ensure 
                that all the highest-priority actions to prevent 
                terrorists from getting and using nuclear weapons are 
                taken in the shortest possible time, including but not 
                limited to a fast-paced global effort to ensure that 
                every nuclear warhead and every kilogram of weapons-
                usable nuclear material worldwide is secured and 
                accounted for, to standards sufficient to defeat 
                demonstrated terrorist and criminal threats, as rapidly 
                as that objective can be accomplished;
                    (C) identify obstacles to accelerating and 
                strengthening efforts to prevent terrorists from 
                getting and using nuclear weapons, and raise approaches 
                to overcoming these obstacles for action by the 
                President or other appropriate officials;
                    (D) lead an effort, to be carried out jointly by 
                the various Federal agencies responsible for carrying 
                out such nonproliferation activities, to establish 
                priorities among those activities and to develop and 
                implement strategies and budgets that reflect those 
                priorities;
                    (E) build strong partnerships with respect to such 
                nonproliferation activities among Federal, State, and 
                local governments, foreign governments, international 
                organizations, and nongovernmental organizations; and
                    (F) evaluate the scale, quality, and effectiveness 
                of the Federal effort with respect to such 
                nonproliferation activities and advise on appropriate 
                actions.

SEC. 324. REMOVAL OF RESTRICTIONS ON COOPERATIVE THREAT REDUCTION 
              PROGRAMS.

    (a) Repeal of Restrictions.--
            (1) Restrictions on assistance in destroying former soviet 
        weapons.--Section 211(b) of the Soviet Nuclear Threat Reduction 
        Act of 1991 (22 U.S.C. 2551 note) is repealed.
            (2) Restrictions on authority to carry out ctr programs.--
        Section 1203(d) of the Cooperative Threat Reduction Act of 1993 
        (title XII of Public Law 103-160; 22 U.S.C. 5952(d)) is 
        repealed.
            (3) Limitation on use of funds for chemical weapons 
        destruction.--Section 1305 of the National Defense 
        Authorization Act for Fiscal Year 2000 (22 U.S.C. 5952 note) is 
        repealed.
    (b) Exemption From Limitations.--Cooperative Threat Reduction 
programs may be carried out notwithstanding any other provision of law, 
subject to congressional notification and reporting requirements that 
apply to the use of funds available for Cooperative Threat Reduction 
programs or the carrying out of projects or activities under such 
programs.
    (c) Inapplicability of Other Restrictions.--Section 502 of the 
Freedom for Russia and Emerging Eurasian Democracies and Open Markets 
Support Act of 1992 (22 U.S.C. 5852) shall not apply to any Cooperative 
Threat Reduction program.

SEC. 325. REMOVAL OF RESTRICTIONS ON DEPARTMENT OF ENERGY 
              NONPROLIFERATION PROGRAMS.

    Section 4301 of the Atomic Energy Defense Act (50 U.S.C. 2561) is 
repealed.

SEC. 326. MODIFICATIONS OF AUTHORITY TO USE COOPERATIVE THREAT 
              REDUCTION PROGRAM FUNDS OUTSIDE THE FORMER SOVIET UNION.

    Section 1308 of the National Defense Authorization Act for Fiscal 
Year 2004 (Public Law 108-136; 117 Stat. 1662; 22 U.S.C. 5963) is 
amended--
            (1) by striking ``President'' each place it appears and 
        inserting ``Secretary of Defense'';
            (2) in subsection (a), by striking ``each of the 
        following'' and all that follows through the period at the end 
        and inserting the following: ``that such project or activity 
        will--
            ``(1) assist the United States in the resolution of a 
        critical emerging proliferation threat; or
            ``(2) permit the United States to take advantage of 
        opportunities to achieve long-standing nonproliferation 
        goals.'';
            (3) by striking subsections (c) and (d); and
            (4) by redesignating subsection (e) as subsection (c).

SEC. 327. MODIFICATIONS OF AUTHORITY TO USE INTERNATIONAL NUCLEAR 
              MATERIALS PROTECTION AND COOPERATION PROGRAM FUNDS 
              OUTSIDE THE FORMER SOVIET UNION.

    Section 3124 of the National Defense Authorization Act for Fiscal 
Year 2004 (Public Law 108-136; 117 Stat. 1747) is amended--
            (1) by striking ``President'' each place it appears and 
        inserting ``Secretary of Energy'';
            (2) in subsection (a), by striking ``each of the 
        following'' and all that follows through the period at the end 
        and inserting the following: ``that such project or activity 
        will--
            ``(1) assist the United States in the resolution of a 
        critical emerging proliferation threat; or
            ``(2) permit the United States to take advantage of 
        opportunities to achieve long-standing nonproliferation 
        goals.'';
            (3) by striking subsections (c) and (d); and
            (4) by redesignating subsection (e) as subsection (c).

SEC. 328. SPECIAL REPORTS ON ADHERENCE TO ARMS CONTROL AGREEMENTS AND 
              NONPROLIFERATION COMMITMENTS.

    (a) Reports Required.--At least annually, the Secretary of State 
shall submit to the appropriate congressional committees a report on 
each country in which a Cooperative Threat Reduction program is being 
carried out. The report shall describe that country's commitments to--
            (1) making substantial national investments in 
        infrastructure to secure, safeguard, and destroy weapons of 
        mass destruction;
            (2) forgoing any military modernization exceeding 
        legitimate defense requirements, including replacement of 
        weapons of mass destruction;
            (3) forgoing any use of fissionable materials or any other 
        components of deactivated nuclear weapons in a new nuclear 
        weapons program;
            (4) complying with all relevant arms control agreements;
            (5) adopting and enforcing national and international 
        export controls over munitions and dual-use items; and
            (6) facilitating the verification by the United States and 
        international community of that country's compliance with such 
        commitments.
    (b) Form.--The report required under subsection (a) may be 
submitted with the report required under section 403 of the Arms 
Control and Disarmament Act (22 U.S.C. 2593a).

SEC. 329. PRESIDENTIAL REPORT ON IMPEDIMENTS TO CERTAIN 
              NONPROLIFERATION ACTIVITIES.

    Not later than 90 days after the date of the enactment of this Act, 
the President shall submit to the appropriate congressional committees 
a report identifying impediments (including liability concerns, 
taxation issues, access rights, and other impediments) to--
            (1) the ongoing renegotiation of the umbrella agreement 
        relating to Cooperative Threat Reduction; and
            (2) the ongoing negotiations for the implementation of the 
        Plutonium Disposition Program, the Nuclear Cities Initiative, 
        and other defense nuclear nonproliferation programs.

SEC. 330. ENHANCEMENT OF GLOBAL THREAT REDUCTION INITIATIVE.

    Section 3132 of the Ronald W. Reagan National Defense Authorization 
Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 2166; 50 U.S.C. 
2569) is amended--
            (1) in subsection (b)--
                    (A) in the subsection heading, by striking 
                ``Program Authorized'' and inserting ``Program 
                Required''; and
                    (B) by striking ``The Secretary of Energy may'' and 
                inserting ``The President, acting through the Secretary 
                of Energy, shall''; and
            (2) in subsection (c)(1), by adding at the end the 
        following new subparagraph:
            ``(N) Take such other actions as may be necessary to 
        effectively implement the Global Threat Reduction 
        Initiative.''.

SEC. 331. EXPANSION OF PROLIFERATION SECURITY INITIATIVE.

    (a) Sense of Congress Relating to Proliferation Security 
Initiative.--It is the sense of the Congress that--
            (1) the President should strive to expand and strengthen 
        the Proliferation Security Initiative announced by the 
        President on May 31, 2003, placing particular emphasis on 
        including countries outside of NATO; and
            (2) the United States should engage the United Nations to 
        develop a Security Council Resolution to authorize the 
        Proliferation Security Initiative under international law, 
        including by providing legal authority to stop shipments of 
        weapons of mass destruction, their delivery systems, and 
        related materials.
    (b) Authorization of Appropriations Relating to Proliferation 
Security Initiative.--There are authorized to be appropriated for 
fiscal year 2007, $50,000,000 to conduct joint training exercises 
regarding interdiction of weapons of mass destruction under the 
Proliferation Security Initiative. Particular emphasis should be given 
to allocating funds from such amount--
            (1) to invite other countries that do not participate in 
        the Proliferation Security Initiative to observe the joint 
        training exercises; and
            (2) to conduct training exercises with countries that 
        openly join the Proliferation Security Initiative after the 
        date of the enactment of this Act.

SEC. 332. SENSE OF CONGRESS RELATING TO INTERNATIONAL SECURITY 
              STANDARDS FOR NUCLEAR WEAPONS AND MATERIALS.

    It is the sense of the Congress that the President should seek to 
devise and implement standards to improve the security of nuclear 
weapons and materials by--
            (1) establishing with other willing nations a set of 
        performance-based standards for the security of nuclear weapons 
        and weapons;
            (2) negotiating with those nations an agreement to adopt 
        the standards and implement appropriate verification measures 
        to assure ongoing compliance; and
            (3) coordinating with those nations and the International 
        Atomic Energy Agency to strongly encourage other states to 
        adopt and verifiably implement the standards.

SEC. 333. AUTHORIZATION OF APPROPRIATIONS RELATING TO INVENTORY OF 
              RUSSIAN TACTICAL NUCLEAR WARHEADS AND DATA EXCHANGES.

    In addition to any other amounts authorized to be appropriated for 
such purposes, there are authorized to be appropriated to the 
Administrator for Nuclear Security for fiscal year 2007, $5,000,000 for 
assistance to Russia to facilitate the conduct of a comprehensive 
inventory of the stockpile of Russia of--
            (1) non-strategic nuclear weapons; and
            (2) nuclear weapons, whether strategic or non-strategic, 
        that are not secured by PALs or other electronic means.

SEC. 334. REPORT ON ACCOUNTING FOR AND SECURING OF RUSSIA'S NON-
              STRATEGIC NUCLEAR WEAPONS.

    Not later than 120 days after the date of the enactment of this 
Act, the Secretary of Defense shall submit to the appropriate 
congressional committees a report on Russia's non-strategic nuclear 
weapons. The report shall--
            (1) detail past and current efforts of the United States to 
        encourage a proper accounting for and securing of Russia's non-
        strategic nuclear weapons and Russia's nuclear weapons, whether 
        strategic or non-strategic, that are not secured by PALs or 
        other electronic means;
            (2) detail the actions that are most likely to lead to 
        progress in improving the accounting for and securing or 
        dismantlement of such weapons; and
            (3) detail the feasibility of enhancing the national 
        security of the United States by developing increased 
        transparency between the United States and Russia with respect 
        to the numbers, locations, and descriptions of such weapons and 
        of the corresponding weapons of the United States.

SEC. 335. RESEARCH AND DEVELOPMENT INVOLVING ALTERNATIVE USE OF WEAPONS 
              OF MASS DESTRUCTION EXPERTISE.

    (a) Authority to Use Funds.--Notwithstanding any other provision of 
law and subject to subsection (c), any funds available to a department 
or agency of the Federal Government may be used to conduct non-defense 
research and development in Russia and the states of the former Soviet 
Union on technologies specified in subsection (b) utilizing scientists 
in Russia and the states of the former Soviet Union who have expertise 
in--
            (1) nuclear weapons; or
            (2) chemical or biological weapons, but only if such 
        scientists no longer engage, or have never engaged, in 
        activities supporting prohibited chemical or biological 
        capabilities.
    (b) Technologies.--The technologies specified in this subsection 
are technologies on the following:
            (1) Environmental restoration and monitoring.
            (2) Proliferation detection.
            (3) Health and medicine, including research.
            (4) Energy.
    (c) Limitation.--Funds may not be used under subsection (a) for 
research and development if the Secretary of State, in consultation 
with the Secretary of Defense and the Secretary of Energy, determines 
that such research and development will--
            (1) pose a threat to the security interests of the United 
        States; or
            (2) further materially any defense technology.
    (d) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to 
        the Department of State $20,000,000 for fiscal year 2007 for 
        the following purposes:
                    (A) To make determinations under subsection (c).
                    (B) To defray any increase in costs incurred by the 
                Department of State, or any other department or agency 
                of the Federal Government, for research and 
                development, or demonstration, as a result of research 
                and development conducted under this section.
            (2) Availability.--(A) Amounts authorized to be 
        appropriated by paragraph (1) are authorized to remain 
        available until expended.
            (B) Any amount transferred to a department or agency of the 
        Federal Government pursuant to paragraph (1)(B) shall be merged 
        with amounts available to such department or agency to cover 
        costs concerned, and shall be available for the same purposes, 
        and for the same period, as amounts with which merged.

SEC. 336. STRENGTHENING THE NUCLEAR NONPROLIFERATION TREATY.

    (a) Findings.--Congress finds the following:
            (1) Article IV of the Treaty on the Non-Proliferation of 
        Nuclear Weapons (commonly referred to as the Nuclear 
        Nonproliferation Treaty or NPT) (21 UST 483) states that 
        countries that are parties to the treaty have the ``inalienable 
        right . . . to develop research, production and use of nuclear 
        energy for peaceful purposes without discrimination and in 
        conformity with articles I and II of this treaty.''.
            (2) The rights outlined under article IV include all fuel 
        cycle activities, despite the fact that uranium enrichment and 
        plutonium production potentially put a country in a position to 
        produce weapons usable material.
            (3) David Bergmann, former chairman of the Israeli Atomic 
        Energy Commission, stated: ``. . . by developing atomic energy 
        for peaceful uses, you reach the nuclear weapon option. There 
        are not two atomic energies''.
            (4) The wording of article IV has made it possible for 
        countries that are parties to the NPT treaty to use peaceful 
        nuclear programs as a cover for weapons programs. In 
        particular, the misuse by North Korea and Iran of these 
        provisions threatens to undercut the viability of the nuclear 
        nonproliferation regime and the entire system of international 
        nuclear commerce.
            (5) If the international community fails to devise 
        effective measures to deal with the ``loophole'' in article IV, 
        then there is a great likelihood that the ranks of countries 
        possessing nuclear weapons will increase markedly in the next 
        decade.
    (b) Presidential Report on Control of Nuclear Fuel Cycle 
Technologies and Material.--Not later than 90 days after the date of 
the enactment of this Act, the President shall submit to the 
appropriate congressional committees a report identifying ways to more 
effectively control nuclear fuel cycle technologies and material, 
including ways that the United States can mobilize the international 
community to close the ``loophole'' of article IV of the NPT, without 
undermining the treaty itself.

SEC. 337. DEFINITIONS.

    In this subtitle:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on International Relations, the 
                Committee on Armed Services, the Committee on Homeland 
                Security, and the Committee on Appropriations of the 
                House of Representatives; and
                    (B) the Committee on Foreign Relations, the 
                Committee on Armed Services, the Committee on Homeland 
                Security and Governmental Affairs, and the Committee on 
                Appropriations of the Senate.
            (2) Cooperative threat reduction programs.--The term 
        ``Cooperative Threat Reduction programs'' means programs and 
        activities specified in section 1501(b) of the National Defense 
        Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110 
        Stat. 2731; 50 U.S.C. 2362 note).
                                 <all>