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Week Ending January 12, 2006

H.R.1 To provide for the implementation of the recommendations of the National Commission on Terrorist Attacks Upon the United States.

This bill, in twenty titles, takes on the job of implementing recommendations by the non-partisan 9-11 Commission that were not included in homeland security legislation passed by the 109^th Congress. The bill also includes national and international initiatives related to national security but not part of the 9-11 report. The types of threats to be protected against include biological, nuclear, radiological, incendiary, chemical, explosives, suicide bombers, cyber threats or other known activities of terrorist groups and threats to individual privacy.

FIRST RESPONDERS

The bill addresses first responder funding and communication systems that will allow different responding agencies to communicate electronically and provides for national exercise programs to prepare for disaster response.

First responder funds that have traditionally been sent in equal amounts to all recipients are now targeted more directly to areas where there is a greater threat. The grants will be made to local, Tribal, State and regional applicants based on ‘degree to which they would…lessen the threat to, vulnerability of and consequences for persons (including transient commuting and tourist populations) and critical infrastructure.’ The risk level will be determined by the Office of Intelligence Analysis and the Office of Infrastructure Protection.

A significant provision requires that the funds for first responder grants, often gone unused or sometimes misdirected, be used to supplement and support ‘in a consistent and coordinated manner, the applicable State homeland security report or plan.’ Requests for grants are required to be explicit regarding the grants purpose and need and execution, and the geographical area of application. No grants for local efforts will be made that duplicate State level efforts. More emphasis on coordination with local officials is required.

NATIONAL INFRASTRUCTURE PROTECTION

The Secretary is directed to establish the National Asset Database and the National At-Risk Database. The Asset Database identifies and prioritizes critical infrastructure and key resources needing protection. The At-Risk Database identifies infrastructure considered most at risk. The Secretary is to use the databases to develop, coordinate, integrate and implement plans and programs as directed by the President.

Critical infrastructure to be protected include Agriculture and food; banking and finance. Chemical industries, the defense industrial base, emergency services, energy and government facilities; postal and shipping, public health and healthcare, information technology, telecommunications, transportation systems, water, dams, commercial facilities and national monuments and facilities. Proximity to critical infrastructure and major metropolitan areas would be prioritized.

TRANSPORTATION SECURITY STRATEGIC PLANNING

The US Code is revised to define strategic planning to include addressing “risks, threats, and vulnerabilities for aviation, bridge and tunnel, commuter rail and ferry, highway, maritime, pipeline, rail, mass transit, over-the-road bus, and other public transportation infrastructure assets.” A periodic progress report is ordered to include recommendations for improving transportation security, account for all grants awarded, an accounting of all funds spent on transportation security, personnel turnover and a separate report is required explaining activities not related to transportation security.

INTEROPERABLE TELECOMMUNICATIONS

Long decried as the reason for a lack of coordination between various local, State and Federal first responders is a system of communications that allows all those entities to communicate directly. The bill aims to improve communications by grants to States and regions to purchase equipment, technical assistance, design communication systems and planning. Such funds as may be necessary are included once the Secretary of Homeland Security produces the National Emergency Communications Plan required of him in the Homeland Security Act of 2002. (Homeland Security has failed to provide over 100 such reports required by Congress, Ed.)

AVIATION AND CARGO SECURITY

Aviation security is addressed with an emphasis on screening baggage for explosives and advanced passenger screening. Intelligence information sharing with local law enforcement and first responders is also improved. The Secretary of Homeland Security has failed to submit under a 2004 law a required study outlining the aviation security circumstances in the US. The bill directs him to produce a report in 30 days on elements of the study he would implement. An aviation security capital fund is financed at $125 million yearly.

A $250 million Checkpoint Screening Security Fund is established as the bill sets mandates for inspection of cargo containers entering the US by vessel and bolsters several travel-oriented efforts to prevent human smuggling and travel by terrorists. The Fund would be spent until expended for research, development, purchase, deployment and installation of equipment to improve security screening to detect explosives. A plan is required from DHS in seven days of passage of this bill. DHS has three years to establish a system to inspect 100 percent of cargo on US and foreign planes traveling interstate and internationally. 35% of cargo must be inspected by September 30, 2007, 65% in 2008 and 100% by September 30, 2009. DHS must, in 120 days give Congress a report of cargo inspection exemptions and the rationale for exemptions, how much cargo is not inspected and the impact on flow of commerce if the exemptions were eliminated.

PASSENGER SCREENING

Advanced passenger screening will require a report in 90 days from DHS that describes the system to be used to compare passenger information to automate no fly lists, integrating terrorist watch lists, how privacy is to be maintained and to project the timeline for each phase of testing and implementation of the system.

Passengers wrongly delayed or prohibited from boarding a plane because they were wrongly identified as a threat can rely on a timely and fair process for complaint resolution.

CARGO CONTAINER INSPECTION

The bill allows entry to the US only containers that are scanned and secured with a ‘when and where’ breach-detectable seal applied before the container is loaded on a vessel on route to the US. Best available scanning technology is required to scan for radiation, density and atomic elements. The anti-breach device must also, as soon as technology is available, inform of breaches before entry to the US and track the container during transit in the US including truck, rail or vessel. A formula for implementing the cargo scanning program requires that in three years containers from foreign ports where 75,000 containers were shipped in 2005 must be 100% scanned and after five years all containers from anywhere must be scanned before entering the US. A one year delay is allowed if technology is not yet available.

Human smuggling has utilized international cargo containers, too, and the bill addresses the problem by directing the Secretary of DHS to provide funding, supplies and office space to the Human Smuggling and Trafficking Center. The Center would have four managers and 12 specialists on staff along with detailees from Coast Guard, Customs and other agencies.

BORDERS AND PORTS

Congress finds that the US has 216 airports, 143 seaports and 115 official land border crossings that are official ports of entry  and adds that the task of covering those areas will require State, local and tribal law enforcement personnel as ‘force multipliers’. The concept, however has not taken hold due to the absence of mechanisms by which intelligence data can be transferred to local agencies and local agency data can not be transferred to Federal agencies. The solution appears to be in a fusion of border intelligence data is to be accomplished by a new Border Intelligence Fusion Center Program. Gathering public data from as far ranging sources as traffic fines to international intelligence the Centers would analyze the data for terror concerns. Coupling with that effort is the Fusion and Law Enforcement Education and Teaming Grant Program for obvious education and training needs. Privacy and civil liberties training is ordered. Reporting requirements enhance congressional oversight of the program.

INFORMING THE PUBLIC

The current security alert system of colors ranging to red for a high alert is no longer to be used exclusively. More information is ordered to the extent of informing the public of appropriate protective measures and countermeasures they may take and, when possible, the scope of the threat, specific region affected of economic sector affected should be made public.

PRIVATE SECTOR PREPAREDNESS

In 90 days the Secretary will develop and implement a plan to enhance private sector preparedness for terrorism, emergencies and disasters through voluntary consensus.

PROLIFERATION OF WMD

Congress finds that the US is failing in its effort to prevent WMD proliferation and terrorism despite some success with the Cooperative Threat Reduction program with Russia and other states. Throughout the world are loads of highly-enriched uranium without even basic security features protecting them. Because it is the President’s responsibility to secure nuclear material world-wide the bill states that the President should develop a comprehensive plan to accelerate the timetable for securing all nuclear weapons-usable material around the world and ask for sufficient funding while making the effort public. Congress should grant the money. Chemical weapons destruction is included.

The bill also authorizes the President to use funds to support efforts by any country to cooperate with the US to prevent the transport and transshipment of items of proliferation concern within the county’s national territory or airspace of in vessels under the country’s control. The funds could be used to develop a legal framework such as criminalizing proliferation, enacting export controls and securing sensitive materials within its borders.

Most substantially the bill sets US policy on the matter. Recognizing that recent past non-proliferation measures have met obstacles and now include unexpended balances the bill requires that the obstacles be overcome with concrete measures to accelerate and strengthen progress to prevent WMD. An Office of the US Coordinator for Prevention of WMD Proliferation and Terrorism and a related commission will handle the issue.

The Cooperative Threat Reduction Program will receive such sums as may be necessary to reduce biological weapons and chemical weapons at Shchuch’ye, Russia and to accelerate and expand all CTRP efforts by the Department of Defense. The Department of Energy program is also authorized and appropriations are made. DOE would emphasize the Russian reactor fuel return program, international radiological threat reduction, emerging threats and a quick response plan to remove WMD world-wide.

The President is given authority to establish sanctions against individuals involved in illegal nuclear material transfer by denying assistance or licensing to the individual or by purchasing from the individual. Equally, assistance to non-nuclear foreign countries is to be discontinued if they are engaged with an international terrorist group in the development of nuclear explosive devices or means of delivery.

PROMOTING EDUCATION AND DEMOCRACY

The United States currently is an unpopular country in many parts of the World. One effort that has shown possibilities of changing that image is student exchange programs targeting sensitive regions. This bill would provide authority to establish a fund through which US resources can aid in improving a low rate of education in some Arab and predominately Muslim countries. The program also supports student exchanges between countries. Grants to American-sponsored schools in those areas are extended.

The Secretary of State is ordered to produce a report outlining US efforts to improve economics and education in Arab countries, a country-by-country, to promote the US policy of countering poverty and ignorance with abundance and education. Grants would be extended to the existing Middle East Foundation to expand civil society, education, protections, independent media and other policies in recipient countries. ‘Middle East’ means “Algeria, Bahrain, Egypt, Iran, Iraq, Jordan, Kuwait, Lebanon, Libya, Morocco, Oman, Qatar, Saudi Arabia, Syria, Tunisia, United Arab Emirates, West Bank and Gaza, and Yemen.”

US policy is set in support of democracy and anti-terror efforts in Pakistan, Afghanistan and Saudi Arabia.

PRIVACY PROTECTIONS

While physical protection are increased or improved the protection of privacy and civil rights are addressed in the bill based on Congress’ findings that 9-11 Commission suggestions include replacing the existing Privacy and Civil Liberties Oversight Board with an independent agency within the Executive Branch the Privacy and Civil Liberties Oversight Board with the five members appointed by the President and confirmed by the Senate.  The Board will be given subpoena power and privacy officers will be given enhanced powers.  The independent board members will be appointed by the President but must be confirmed by the Senate and the Privacy and Civil Liberties Oversight Board will be given subpoena power to produce any relevant information, documents, reports, answers, records, accounts, papers, and other documentary or testimonial evidence. Privacy officers in DHS (Department of Homeland Security) would be given enhanced authorities.

Sponsor:  Rep. Bennie G. Thompson (D-MS-2^nd)

Vote: Passed House 299 to 128 January 9, 2007 (RC-15). A Motion to Recommit the bill with instructions failed 198 to 230 January 9, 2007(RC-14).

Cost to the taxpayers: "CBO estimates that implementing H.R. 1 would cost $21 billion over the 2007-2012 period, assuming appropriation of the amounts authorized and estimated to be necessary. In addition, CBO estimates that the act would increase both offsetting receipts and direct spending by about $1.3 billion, but would have no net cost over the next 10 years."

Motion to Instruct Conferees.

The motion instruct conferees when the bill is negotiated by the House/Senate conference require s the Secretary of Transportation deny issuance of the Transportation Worker Identification Credential to employees who have been convicted of such crimes as treason, espionage, sedition or murder. Those convicted of other crimes such as smuggling, arson, kidnapping or robbery could be denied the ID card within a certain amount of time since conviction. Standards are set to allow those with a history to still apply and some conditions prohibiting them getting the card can be waived. The motion parallels a provision in the Senate version of the bill, S.4. The motion was agreed to 354 to 66. RC 635

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MORE INFORMATION

USE OF GRANT FUNDS

US POLICY

SEC. 1411. FINDINGS; POLICY.

(a) Findings- Congress makes the following findings:

(1) The report of the National Commission on Terrorist Attacks Upon the United States stated that `[e]ducation that teaches tolerance, the dignity and value of each individual, and respect for different beliefs is a key element in any global strategy to eliminate Islamic terrorism'.

(2) The report of the National Commission on Terrorist Attacks Upon the United States concluded that ensuring educational opportunity is essential to the efforts of the United States to defeat global terrorism and recommended that the United States Government `should offer to join with other nations in generously supporting [spending funds] ... directly on building and operating primary and secondary schools in those Muslim states that commit to sensibly investing financial resources in public education'.

(3) While Congress endorsed such a program in the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458), such a program has not been established.

(b) Policy- It is the policy of the United States--

(1) to work toward the goal of dramatically increasing the availability of modern basic education through public schools in Arab and predominantly Muslim countries, which will reduce the influence of radical madrassas and other institutions that promote religious extremism;

(2) to join with other countries in generously supporting the International Arab and Muslim Youth Opportunity Fund authorized under section 7114 of the Intelligence Reform and Terrorism Prevention Act of 2004, as amended by section 1412 of this Act, with the goal of building and operating public primary and secondary schools in Arab and predominantly Muslim countries that commit to sensibly investing the resources of such countries in modern public education;

(3) to offer additional incentives to increase the availability of modern basic education in Arab and predominantly Muslim countries; and

(4) to work to prevent financing of educational institutions that support radical Islamic fundamentalism.

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SEC. 2005. USE OF FUNDS AND ACCOUNTABILITY REQUIREMENTS.

`(a) In General- A covered grant may be used for--

`(1) purchasing or upgrading equipment, including computer hardware and 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;

`(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; and

`(D) the hiring of staff to serve as intelligence analysts to strengthen information and intelligence sharing capabilities;

`(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 that are constructed consistent with the requirements of section 6(j)(9) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5196(j)(9), 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 (that, where applicable, is based on national, voluntary consensus standards) that the Secretary, in consultation with the Assistant Secretary for Emergency Communications, 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) Public safety answering points;

`(15) paying for the conduct of any activity permitted under the Law Enforcement Terrorism Prevention Program, or any such successor to such program; and

`(16) 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.

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