Congressional Record: September 7, 2006 (Senate)
Page S9113-S9191
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. REID (for himself and Mr. Durbin):
S. 3875. A bill to provide real national security, restore United
States leadership, and implement tough and smart policies to win the
war on terror, and for other purposes; read the first time.
S. 3875
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Real Security Act of 2006''.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF
CONTENTS.
(a) Divisions.--This Act is organized into five divisions
as follows:
DIVISION A--IMPLEMENTATION OF 9/11 COMMISSION RECOMMENDATIONS
DIVISION B--COMBATTING TERRORISM
DIVISION C--INTELLIGENCE AUTHORIZATIONS
DIVISION D--TRANSPORTATION SECURITY
DIVISION E--A NEW DIRECTION IN IRAQ
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
DIVISION A--IMPLEMENTATION OF 9/11 COMMISSION RECOMMENDATIONS
Sec. 101. Short title.
Sec. 102. Definition of 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 Superseded provision.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.
Subtitle D--Homeland Security Appropriations
Sec. 141. Homeland security appropriations.
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. Relevant congressional committees defined.
Subtitle C--Intelligence Oversight Reform in the Senate
Sec. 231. Subcommittee related to intelligence oversight.
Sec. 232. Subcommittee related to intelligence appropriations.
Sec. 233. Effective date.
Subtitle D--Standardize Security Clearances
Sec. 241. 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.
DIVISION B--COMBATTING TERRORISM.
Sec. 1001. Short title.
TITLE XI--EFFECTIVELY TARGETING TERRORISTS
Sec. 1101. Sense of Congress on Special Operations forces and related
matters.
Sec. 1102. Foreign language expertise.
Sec. 1103. Curtailing terrorist financing.
Sec. 1104. Prohibition on transactions with countries that support
terrorism.
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Sec. 1105. Comptroller General report on United Kingdom and United
States anti-terrorism policies and practices.
Sec. 1106. Enhancement of intelligence community efforts to bring Osama
bin Laden and other al Qaeda leaders to justice.
TITLE XII--PREVENTING THE GROWTH OF RADICAL ISLAMIC FUNDAMENTALISM
Subtitle A--Quality Educational Opportunities
Sec. 1201. Findings, policy, and definition.
Sec. 1202. Annual report to Congress.
Sec. 1203. Authorization of appropriations.
Subtitle B--Democracy and Development in the Muslim World
Sec. 1211. Promoting democracy and development in the Middle East,
Central Asia, South Asia, and Southeast Asia.
Sec. 1212. Middle East Foundation.
Subtitle C--Restoring American Moral Leadership
Sec. 1221. Advancing United States interests through public diplomacy.
Sec. 1222. Department of State public diplomacy programs.
Sec. 1223. Treatment of detainees.
Sec. 1224. National Commission To Review Policy Regarding the Treatment
of Detainees.
Subtitle D--Strategy for the United States Relationship With
Afghanistan, Pakistan, and Saudi Arabia
Sec. 1231. Afghanistan.
Sec. 1232. Pakistan.
Sec. 1233. Saudi Arabia.
TITLE XIII--PROTECTION FROM TERRORIST ATTACKS THAT UTILIZE NUCLEAR,
CHEMICAL, BIOLOGICAL, AND RADIOLOGICAL WEAPONS
Subtitle A--Non-Proliferation Programs
Sec. 1301. Repeal of limitations to threat reduction assistance.
Sec. 1302. Russian tactical nuclear weapons.
Sec. 1303. Additional assistance to accelerate Non-Proliferation
programs.
Sec. 1304. Additional assistance to the International Atomic Energy
Agency.
Subtitle B--Border Protection
Sec. 1311. Findings.
Sec. 1312. Hiring and training of border security personnel.
Subtitle C--First Responders
Sec. 1321. Findings.
Sec. 1322. Restoration of justice assistance funding.
Sec. 1323. Providing reliable officers, technology, education,
community prosecutors, and training in Our Neighborhood
Initiative.
TITLE XIV--PROTECTING TAXPAYERS
Sec. 1401. Reports on metrics for measuring success in Global War on
Terrorism.
Sec. 1402. Prohibition on war profiteering.
TITLE XV--OTHER MATTERS
Sec. 1501. Sense of Congress on military commissions for the trial of
persons detained in the Global War on Terrorism.
DIVISION C--INTELLIGENCE AUTHORIZATIONS
Sec. 2001. Short title.
TITLE XXI--INTELLIGENCE ACTIVITIES
Sec. 2101. Authorization of appropriations.
Sec. 2102. Classified schedule of authorizations.
Sec. 2103. Incorporation of classified annex.
Sec. 2104. Personnel ceiling adjustments.
Sec. 2105. Intelligence Community Management Account.
Sec. 2106. Incorporation of reporting requirements.
Sec. 2107. Availability to public of certain intelligence funding
information.
Sec. 2108. Response of intelligence community to requests from Congress
for intelligence documents and information.
TITLE XXII--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY
SYSTEM
Sec. 2201. Authorization of appropriations.
TITLE XXIII--INTELLIGENCE AND GENERAL INTELLIGENCE COMMUNITY MATTERS
Sec. 2301. Increase in employee compensation and benefits authorized by
law.
Sec. 2302. Restriction on conduct of intelligence activities.
Sec. 2303. Clarification of definition of intelligence community under
the National Security Act of 1947.
Sec. 2304. Improvement of notification of Congress regarding
intelligence activities of the United States Government.
Sec. 2305. Delegation of authority for travel on common carriers for
intelligence collection personnel.
Sec. 2306. Modification of availability of funds for different
intelligence activities.
Sec. 2307. Additional limitation on availability of funds for
intelligence and intelligence-related activities.
Sec. 2308. Increase in penalties for disclosure of undercover
intelligence officers and agents.
Sec. 2309. Retention and use of amounts paid as debts to elements of
the intelligence community.
Sec. 2310. Pilot program on disclosure of records under the Privacy Act
relating to certain intelligence activities.
Sec. 2311. Extension to intelligence community of authority to delete
information about receipt and disposition of foreign
gifts and decorations.
Sec. 2312. Availability of funds for travel and transportation of
personal effects, household goods, and automobiles.
Sec. 2313. Director of National Intelligence report on compliance with
the Detainee Treatment Act of 2005.
Sec. 2314. Report on alleged clandestine detention facilities for
individuals captured in the Global War on Terrorism.
Sec. 2315. Sense of Congress on electronic surveillance.
TITLE XXIV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Subtitle A--Office of the Director of National Intelligence
Sec. 2401. Additional authorities of the Director of National
Intelligence on intelligence information sharing.
Sec. 2402. Modification of limitation on delegation by the Director of
National Intelligence of the protection of intelligence
sources and methods.
Sec. 2403. Authority of the Director of National Intelligence to manage
access to human intelligence information.
Sec. 2404. Additional administrative authority of the Director of
National Intelligence.
Sec. 2405. Clarification of limitation on co-location of the Office of
the Director of National Intelligence.
Sec. 2406. Additional duties of the Director of Science and Technology
of the Office of the Director of National Intelligence.
Sec. 2407. Appointment and title of Chief Information Officer of the
Intelligence Community.
Sec. 2408. Inspector General of the Intelligence Community.
Sec. 2409. Leadership and location of certain offices and officials.
Sec. 2410. National Space Intelligence Center.
Sec. 2411. Operational files in the Office of the Director of National
Intelligence.
Sec. 2412. Eligibility for incentive awards of personnel assigned to
the Office of the Director of National Intelligence.
Sec. 2413. Repeal of certain authorities relating to the Office of the
National Counterintelligence Executive.
Sec. 2414. Inapplicability of Federal Advisory Committee Act to
advisory committees of the Office of the Director of
National Intelligence.
Sec. 2415. Membership of the Director of National Intelligence on the
Transportation Security Oversight Board.
Sec. 2416. Applicability of the Privacy Act to the Director of National
Intelligence and the Office of the Director of National
Intelligence.
Subtitle B--Central Intelligence Agency
Sec. 2421. Director and Deputy Director of the Central Intelligence
Agency.
Sec. 2422. Enhanced protection of Central Intelligence Agency
intelligence sources and methods from unauthorized
disclosure.
Sec. 2423. Additional exception to foreign language proficiency
requirement for certain senior level positions in the
Central Intelligence Agency.
Sec. 2424. Additional functions and authorities for protective
personnel of the Central Intelligence Agency.
Sec. 2425. Director of National Intelligence report on retirement
benefits for former employees of Air America.
Subtitle C--Defense Intelligence Components
Sec. 2431. Enhancements of National Security Agency training program.
Sec. 2432. Codification of authorities of National Security Agency
protective personnel.
Sec. 2433. Inspector general matters.
Sec. 2434. Confirmation of appointment of heads of certain components
of the intelligence community.
Sec. 2435. Clarification of national security missions of National
Geospatial-Intelligence Agency for analysis and
dissemination of certain intelligence information.
Sec. 2436. Security clearances in the National Geospatial-Intelligence
Agency.
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Subtitle D--Other Elements
Sec. 2441. Foreign language incentive for certain non-special agent
employees of the Federal Bureau of Investigation.
Sec. 2442. Authority to secure services by contract for the Bureau of
Intelligence and Research of the Department of State.
Sec. 2443. Clarification of inclusion of Coast Guard and Drug
Enforcement Administration as elements of the
intelligence community.
Sec. 2444. Clarifying amendments relating to section 105 of the
Intelligence Authorization Act for fiscal year 2004.
TITLE XXV--OTHER MATTERS
Sec. 2501. Technical amendments to the National Security Act of 1947.
Sec. 2502. Technical clarification of certain references to Joint
Military Intelligence Program and Tactical Intelligence
and Related Activities.
Sec. 2503. Technical amendments to the Intelligence Reform and
Terrorism Prevention Act of 2004.
Sec. 2504. Technical amendments to title 10, United States Code,
arising from enactment of the Intelligence Reform and
Terrorism Prevention Act of 2004.
Sec. 2505. Technical amendment to the Central Intelligence Agency Act
of 1949.
Sec. 2506. Technical amendments relating to the multiyear National
Intelligence Program.
Sec. 2507. Technical amendments to the Executive Schedule.
Sec. 2508. Technical amendments relating to redesignation of the
National Imagery and Mapping Agency as the National
Geospatial-Intelligence Agency.
DIVISION D--TRANSPORTATION SECURITY
TITLE XXXI--MARITIME SECURITY
Sec. 3101. Short title; Definitions.
Sec. 3102. Interagency operational command centers for port security.
Sec. 3103. Salvage response plan.
Sec. 3104. Vessel and facility security plans.
Sec. 3105. Assistance for foreign ports.
Sec. 3106. Port security grants.
Sec. 3107. Operation safe commerce.
Sec. 3108. Port security training program.
Sec. 3109. Port security exercise program.
Sec. 3110. Inspection of car ferries entering from Canada.
Sec. 3111. Deadline for transportation worker identification credential
security cards.
Sec. 3112. Port security user fee study.
Sec. 3113. Unannounced inspections of maritime facilities.
Sec. 3114. Foreign port assessments.
Sec. 3115. Pilot program to improve the security of empty containers.
Sec. 3116. Domestic radiation detection and imaging.
Sec. 3117. Evaluation of the environmental health and safety impacts of
nonintrusive inspection technology.
Sec. 3118. Authorization for customs and border protection personnel.
Sec. 3119. Strategic plan.
Sec. 3120. Resumption of trade.
Sec. 3121. Automated targeting system.
Sec. 3122. Container security initiative.
Sec. 3123. Customs-trade partnership against terrorism validation
program.
Sec. 3124. Technical requirements for non-intrusive inspection
equipment.
Sec. 3125. Random inspection of containers.
Sec. 3126. International trade data system.
TITLE XXXII--RAIL SECURITY
Sec. 3201. Short title.
Sec. 3202. Rail Transportation security risk assessment.
Sec. 3203. Systemwide Amtrak security upgrades.
Sec. 3204. Fire and Life-Safety improvements.
Sec. 3205. Freight and passenger rail security upgrades.
Sec. 3206. Rail security research and development.
Sec. 3207. Oversight and grant procedures.
Sec. 3208. Amtrak plan to assist families of passengers involved in
rail passenger accidents.
Sec. 3209. Northern border rail passenger report.
Sec. 3210. Rail worker security training program.
Sec. 3211. Whistleblower protection program.
Sec. 3212. High hazard material security threat mitigation plans.
Sec. 3213. Memorandum of agreement.
Sec. 3214. Rail security enhancements.
Sec. 3215. Public awareness.
Sec. 3216. Railroad high hazard material tracking.
Sec. 3217. Authorization of appropriations.
TITLE XXXIII--MASS TRANSIT SECURITY
Sec. 3301. Short title.
Sec. 3302. Findings.
Sec. 3303. Security assessments.
Sec. 3304. Security assistance grants.
Sec. 3305. Intelligence sharing.
Sec. 3306. Research, development, and demonstration grants.
Sec. 3307. Reporting requirements.
Sec. 3308. Authorization of appropriations.
Sec. 3309. Sunset provision.
TITLE XXXIV--AVIATION SECURITY
Sec. 3401. Inapplicability of limitation on employment of personnel
within Transportation Security Administration to achieve
aviation security.
Sec. 3402. Aviation research and development for explosive detection.
Sec. 3403. Aviation repair station security.
DIVISION E--A NEW DIRECTION IN IRAQ
Title XLI--United States Policy on Iraq
Sec. 4001. United States policy on Iraq.
Sec. 4002. Sense of Senate on need for a new direction in Iraq policy
and in the civilian leadership of the Department of
Defense.
Title XLII--Special Committee of Senate on War and Reconstruction
Contracting
Sec. 4101. Findings.
Sec. 4102. Special Committee on War and Reconstruction Contracting.
Sec. 4103. Purpose and duties.
Sec. 4104. Composition of Special Committee.
Sec. 4105. Rules and procedures.
Sec. 4106. Authority of Special Committee.
Sec. 4107. Reports.
Sec. 4108. Administrative provisions.
Sec. 4109. Termination.
Sec. 4110. Sense of Senate on certain claims regarding the Coalition
Provisional Authority.
DIVISION I--IMPLEMENTATION OF 9/11 COMMISSION RECOMMENDATIONS
SEC. 101. SHORT TITLE.
This division may be cited as the ``Ensuring Implementation
of the 9/11 Commission Report Act''.
SEC. 102. DEFINITION OF 9/11 COMMISSION.
In this division, 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
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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 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 2006''.
SEC. 112. FINDINGS.
Congress makes the following findings:
(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.''; and
(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).
[[Page S9138]]
``(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.--
[[Page S9139]]
``(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. However 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
[[Page S9140]]
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
[[Page S9141]]
(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
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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 the 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 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;
[[Page S9143]]
(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--
[[Page S9144]]
(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 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 Defined.--In this
section, the term ``relevant congressional committees'' means
the following:
(1) The Committee on Homeland Security of the House of
Representatives.
(2) The Committee on Government Reform of the House of
Representatives.
(3) The Committee on Transportation and Infrastructure of
the House of Representatives.
(4) The Committee on Homeland Security and Governmental
Affairs of the Senate.
(5) The Committee on Environment and Public Works of the
Senate.
(6) The Select Committee on Intelligence of the Senate.
(7) The Permanent Select Committee on Intelligence of the
House of Representatives.
SEC. 132. COMPREHENSIVE SCREENING SYSTEM.
(a) Report; Certification.--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 Defined.--In this
section, the term ``relevant congressional committees'' means
the following:
(1) The Committee on Homeland Security of the House of
Representatives.
(2) The Committee on Government Reform of the House of
Representatives.
(3) The Committee on Transportation and Infrastructure of
the House of Representatives.
(4) The Committee on Homeland Security and Governmental
Affairs of the Senate.
(5) The Committee on Environment and Public Works of the
Senate.
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 Defined.--In this
section, the term ``relevant congressional committees'' means
the following:
(1) The Committee on Homeland Security of the House of
Representatives.
(2) The Committee on Government Reform of the House of
Representatives.
(3) The Committee on 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
[[Page S9145]]
(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 Defined.--In this
section, the term ``relevant congressional committees'' means
the following:
(1) The Committee on Homeland Security of the House of
Representatives.
(2) The Committee on Government Reform of the House of
Representatives.
(3) The Committee on 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 Defined.--In this
section, the term ``relevant congressional committees'' means
the following:
(1) The Committee on Homeland Security of the House of
Representatives.
(2) The Committee on Government Reform of the House of
Representatives.
(3) The Committee on 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 Defined.--In this
section, the term ``relevant congressional committees'' means
the following:
(1) The Committee on Homeland Security of the House of
Representatives.
(2) The Committee on Government Reform of the House of
Representatives.
(3) The Committee on 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.
Subtitle D--Homeland Security Appropriations
SEC. 141. HOMELAND SECURITY APPROPRIATIONS.
The following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the Department
of Homeland Security for the fiscal year ending September 30,
2007, and for other purposes, namely:
CUSTOMS AND BORDER PROTECTION.
For an additional amount for ``Salaries and Expenses'',
$571,000,000 for necessary expenses for border security,
including for air asset replacement and air operations
facilities upgrade, the acquisition, lease, maintenance, and
operation of vehicles. construction, and radiation portal
monitors.
UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES.
For an additional amount for citizenship and immigration