What it changes

1 change to H.R. 2360

Adds a section
  1. Adds Sec. ----. (a) Findings.--Congress makes the following findings: wherever appropriate

    Adds a section

    Inserted: Sec. ----. (a) Findings.--Congress makes the following findings:

    Inserted: (1) Protecting the homeland against nuclear, radiological, biological, or chemical terrorism requires a layered defense drawing upon a full spectrum of capabilities and tools, beginning with a national strategy for an international and domestic effort to prevent the proliferation of weapons of mass destruction (WMD) before it affects Americans at home, as well as to harden America and manage the consequences of attacks while preserving fundamental liberties and economic activity.

    Inserted: (2) The National Strategy to Combat Weapons of Mass Destruction was published in December 2002.

    Inserted: (3) Since the development of the National Strategy--

    Inserted: (A) the nature of the weapons of mass destruction threats to the United States has evolved significantly;

    Inserted: (B) the understanding of likely future weapons of mass destruction threats has also progressed; and

    Inserted: (C) United States capabilities for detecting, preventing, and responding to weapons of mass destruction threats have also evolved.

    Inserted: (4) President George W. Bush enumerated in a speech on February 11, 2004, a number of new actions the United States would call for to address weaknesses in efforts to combat the proliferation of weapons of mass destnlction. Some of the most in July 11, 2005 important of these actions have not yet been undertaken or have met international resistance.

    Inserted: (5) Since the National Strategy ,vas developed, a significant intelligence failure has occurred with respect to the assessment of the weapons of mass destruction capabilities of Iraq, which failure has precipitated several efforts to identify systemic deficiencies in intelligence and identify recommended improvements.

    Inserted: (6) As required by the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458), and as recommended by the Commission on the Intelligence Capabilities of the United States Regarding Weapons of Mass Destruction, President George W. Bush announced in June 2005 the intent to establish a National Counter Proliferation Center (NCPC). The Center will exercise strategic oversight of the work of the intelligence community on threats posed by the proliferation of weapons of mass destruction and will playa unique leading role within the United States Government in addressing such threats.

    Inserted: (7) A number of other significant changes to United States policies, capabilities, and tools to combat the proliferation of weapons of mass destruction have been recommended, and in some cases, implemented since December 2002, in the absence of an updated national strategy on combatting the proliferation of weapons of mass destruction.

    Inserted: (b) Update of National Strategy To Combat Weapons of Mass Destruction.--(1) Not later than 6 months after the date of the enactment of this Act, the President shall develop and submit to Congress an update to the National Strategy to Combat Weapons of Mass Destruction of December 2002.

    Show 23 more inserted paragraphs

    Inserted: (2) The update of the National Strategy shall take into account developments since the publication of the National Strategy.

    Inserted: (3) The update of the National Strategy shall include the following:

    Inserted: (A) Intelligence-based assessment.--An intelligence-based assessment of the threat to United States territory, citizens, and interests from the proliferation of weapons of mass destruction and the threat of terrorist acquisition and use of weapons of mass destruction.

    Inserted: (B) Objectives.--A review of the objectives of United States policy, both domestically and internationally, regarding the proliferation of weapons of mass destruction and the threat of terrorist acquisition and use of weapons of mass destruction.

    Inserted: (C) Capabilities, roles, missions, concepts of operations.--A review of the full spectrum of capabilities necessary, whether domestically or internationally, to address the proliferation of weapons of mass destruction and the threat of terrorist acquisition and use of weapons of mass destruction, and a description of the roles, missions, and concepts of operations for each of the organizations and programs responsible for providing such capabilities.

    Inserted: (D) Policy, program and operational coordination.--A review of the mechanisms for planning, coordinating, and implementing policy, programs, and operations, including government-wide strategic operational planning, across all agencies and entities undertaking work to combat the proliferation of weapons of mass destruction and to protect the homeland against weapons of mass destruction attacks.

    Inserted: (4) The update of the National Strategy shall address specific areas key to a successful national strategy to combat the proliferation of weapons of mass destruction, including, but not limited to the following:

    Inserted: (A) National counter proliferation center.--A description of the roles, missions, and concepts of operations for the National Counter Proliferation Center, including a plan and schedule for establishing the Center and developing it to full working capacity.

    Inserted: (B) International nonproliferation regimes.--A review of how the United States will seek to strengthen the international nonproliferation regimes, including, but not limited to, the Nuclear Nonproliferation Treaty and associated entities (such as the Nuclear Suppliers Group) in the wake of the 2005 Nuclear Nonproliferation Treaty review conference, the Missile Technology Control Regime, the Biological Weapons Convention, and the Chemical Weapons Convention and associated entities (such as the Australia Group).

    Inserted: (C) Security of nuclear materials.--A review of how the United States will enhance programs to secure weapons-grade nuclear materials globally.

    Inserted: (D) Detection and characterization capabilities.--A review of how the United States will improve the array of weapons of mass destruction detection devices to ensure the homeland is protected from any means by which weapons of mass destruction could be delivered against the United States.

    Inserted: (E) Interdiction capabilities.--An assessment of the ability of the United States and the international community to interdict in transit illicit materials and personnel related to weapons of mass destruction, including--

    Inserted: (i) an assessment of the number and impact of interdictions under the Proliferation Security Initiative; and

    Inserted: (ii) an assessment of how the Initiative can be strengthened to achieve more concrete results.

    Inserted: (F) Nuclear inspections and safeguards.--A review of how the United States will strengthen the ability of the International Atomic Energy Agency (IAEA) to monitor peaceful nuclear energy programs to ensure that such programs are not used as a cover for nuclear weapons development, including, but not limited to--

    Inserted: (i) how the United States will encourage the adoption and ratification by each non-nuclear weapon state of the Model Additional Protocol with the Agency; and

    Inserted: (ii) how the Executive Branch will implement the United States Additional Protocol with the Agency in light of its inability, thus far, to reach agreement on implementing legislation that would permit United States ratification of the Additional Protocol to which the United States Senate gave its advice and consent to ratification on March 31, 2004.

    Inserted: (G) Intelligence capabilities.--A plan for the implementation of intelligence reforms intended to improve intelligence capabilities relating to weapons of mass destruction.

    Inserted: (H) North korea and iran.--A plan for each of the following:

    Inserted: (i) Preventing further processing of nuclear weapons material in North Korea and ultimately verifiably eliminating the nuclear weapons programs of North Korea.

    Inserted: (ii) Preventing Iran from developing nuclear weapons.

    Inserted: (iii) Deterring other nations from pursuing nuclear weapons.

    Inserted: (5) The update required by paragraph (1) shall be submitted to Congress in unclassified form but may include a classified annex.

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    Original wording

    At the appropriate place, insert the following:

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As printed

SA 1159. Mr. REID submitted an amendment intended to be proposed by him to the bill H.R. 2360, making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2006, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

Sec. ----. (a) Findings.--Congress makes the following findings:

(1) Protecting the homeland against nuclear, radiological, biological, or chemical terrorism requires a layered defense drawing upon a full spectrum of capabilities and tools, beginning with a national strategy for an international and domestic effort to prevent the proliferation of weapons of mass destruction (WMD) before it affects Americans at home, as well as to harden America and manage the consequences of attacks while preserving fundamental liberties and economic activity.

(2) The National Strategy to Combat Weapons of Mass Destruction was published in December 2002.

(3) Since the development of the National Strategy--

(A) the nature of the weapons of mass destruction threats to the United States has evolved significantly;

(B) the understanding of likely future weapons of mass destruction threats has also progressed; and

(C) United States capabilities for detecting, preventing, and responding to weapons of mass destruction threats have also evolved.

(4) President George W. Bush enumerated in a speech on February 11, 2004, a number of new actions the United States would call for to address weaknesses in efforts to combat the proliferation of weapons of mass destnlction. Some of the most in July 11, 2005 important of these actions have not yet been undertaken or have met international resistance.

(5) Since the National Strategy ,vas developed, a significant intelligence failure has occurred with respect to the assessment of the weapons of mass destruction capabilities of Iraq, which failure has precipitated several efforts to identify systemic deficiencies in intelligence and identify recommended improvements.

(6) As required by the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458), and as recommended by the Commission on the Intelligence Capabilities of the United States Regarding Weapons of Mass Destruction, President George W. Bush announced in June 2005 the intent to establish a National Counter Proliferation Center (NCPC). The Center will exercise strategic oversight of the work of the intelligence community on threats posed by the proliferation of weapons of mass destruction and will playa unique leading role within the United States Government in addressing such threats.

(7) A number of other significant changes to United States policies, capabilities, and tools to combat the proliferation of weapons of mass destruction have been recommended, and in some cases, implemented since December 2002, in the absence of an updated national strategy on combatting the proliferation of weapons of mass destruction.

(b) Update of National Strategy To Combat Weapons of Mass Destruction.--(1) Not later than 6 months after the date of the enactment of this Act, the President shall develop and submit to Congress an update to the National Strategy to Combat Weapons of Mass Destruction of December 2002.

(2) The update of the National Strategy shall take into account developments since the publication of the National Strategy.

(3) The update of the National Strategy shall include the following:

(A) Intelligence-based assessment.--An intelligence-based assessment of the threat to United States territory, citizens, and interests from the proliferation of weapons of mass destruction and the threat of terrorist acquisition and use of weapons of mass destruction.

(B) Objectives.--A review of the objectives of United States policy, both domestically and internationally, regarding the proliferation of weapons of mass destruction and the threat of terrorist acquisition and use of weapons of mass destruction.

(C) Capabilities, roles, missions, concepts of operations.--A review of the full spectrum of capabilities necessary, whether domestically or internationally, to address the proliferation of weapons of mass destruction and the threat of terrorist acquisition and use of weapons of mass destruction, and a description of the roles, missions, and concepts of operations for each of the organizations and programs responsible for providing such capabilities.

(D) Policy, program and operational coordination.--A review of the mechanisms for planning, coordinating, and implementing policy, programs, and operations, including government-wide strategic operational planning, across all agencies and entities undertaking work to combat the proliferation of weapons of mass destruction and to protect the homeland against weapons of mass destruction attacks.

(4) The update of the National Strategy shall address specific areas key to a successful national strategy to combat the proliferation of weapons of mass destruction, including, but not limited to the following:

(A) National counter proliferation center.--A description of the roles, missions, and concepts of operations for the National Counter Proliferation Center, including a plan and schedule for establishing the Center and developing it to full working capacity.

(B) International nonproliferation regimes.--A review of how the United States will seek to strengthen the international nonproliferation regimes, including, but not limited to, the Nuclear Nonproliferation Treaty and associated entities (such as the Nuclear Suppliers Group) in the wake of the 2005 Nuclear Nonproliferation Treaty review conference, the Missile Technology Control Regime, the Biological Weapons Convention, and the Chemical Weapons Convention and associated entities (such as the Australia Group).

(C) Security of nuclear materials.--A review of how the United States will enhance programs to secure weapons-grade nuclear materials globally.

(D) Detection and characterization capabilities.--A review of how the United States will improve the array of weapons of mass destruction detection devices to ensure the homeland is protected from any means by which weapons of mass destruction could be delivered against the United States.

(E) Interdiction capabilities.--An assessment of the ability of the United States and the international community to interdict in transit illicit materials and personnel related to weapons of mass destruction, including--

(i) an assessment of the number and impact of interdictions under the Proliferation Security Initiative; and

(ii) an assessment of how the Initiative can be strengthened to achieve more concrete results.

(F) Nuclear inspections and safeguards.--A review of how the United States will strengthen the ability of the International Atomic Energy Agency (IAEA) to monitor peaceful nuclear energy programs to ensure that such programs are not used as a cover for nuclear weapons development, including, but not limited to--

(i) how the United States will encourage the adoption and ratification by each non-nuclear weapon state of the Model Additional Protocol with the Agency; and

(ii) how the Executive Branch will implement the United States Additional Protocol with the Agency in light of its inability, thus far, to reach agreement on implementing legislation that would permit United States ratification of the Additional Protocol to which the United States Senate gave its advice and consent to ratification on March 31, 2004.

(G) Intelligence capabilities.--A plan for the implementation of intelligence reforms intended to improve intelligence capabilities relating to weapons of mass destruction.

(H) North korea and iran.--A plan for each of the following:

(i) Preventing further processing of nuclear weapons material in North Korea and ultimately verifiably eliminating the nuclear weapons programs of North Korea.

(ii) Preventing Iran from developing nuclear weapons.

(iii) Deterring other nations from pursuing nuclear weapons.

(5) The update required by paragraph (1) shall be submitted to Congress in unclassified form but may include a classified annex.

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Senate amendment submitted

July 11, 2005