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 Superseded provision.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
services, $87,000,000 for necessary expenses, including for
business transformation and fraud detection.
TRANSPORTATION SECURITY ADMINISTRATION.
For an additional amount for ``Aviation Security'',
$305,000,000 for necessary expenses, of which--
(1) $250,000,000 shall be made available for aviation
security, including the procurement of explosives monitoring
equipment; and
(2) $55,000,000 shall be made available for air cargo
security, including cargo canine teams and inspectors.
[[Page S9146]]
UNITED STATES COAST GUARD.
For an additional amount for ``Acquisition, Construction,
and Improvements'', $184,000,000 for necessary expenses for
the Integrated Deepwater Systems Program for the purchase of
ships, planes, and helicopters.
For an additional amount for ``Operating Expenses'',
$23,000,000 for necessary expenses for additional inspectors
at foreign and domestic ports.
OFFICE FOR DOMESTIC PREPAREDNESS.
For an additional amount for ``State and Local Programs'',
$2,880,000,000 for necessary expenses, of which--
(1) $790,000,000 shall be made available for first
responder grants;
(2) $500,000,000 shall be made available for
interoperability grants;
(3) $100,000,000 shall be made available for chemical
security grants;
(4) $1,200,000,000 shall be made available for rail
security grants;
(5) $190,000,000 shall be made available for port security
grants; and
(6) $100,000,000 shall be made available for emergency
management performance grants.
FEDERAL EMERGENCY MANAGEMENT AGENCY.
For an additional amount for ``Readiness, Mitigation,
Response, and Recovery'', $50,000,000 for necessary expenses.
For an additional amount for ``National Pre-Disaster
Mitigation Fund'', $100,000,000 for necessary expenses.
TITLE II--REFORMING THE INSTITUTIONS OF GOVERNMENT
Subtitle A--Intelligence Community
SEC. 201. REPORT ON DIRECTOR OF NATIONAL INTELLIGENCE.
(a) Report; Certification.--Not later than 30 days after
the date of the enactment of this Act, and every 30 days
thereafter, the Director of National Intelligence shall
submit to the relevant congressional committees a report on
the recommendations of the 9/11 Commission and the policy
goals of the Intelligence Reform and Terrorism Prevention Act
of 2004 (Public Law 108-458) with respect to the Director of
National Intelligence. Such report shall include--
(1) a certification by the Director of National
Intelligence that such recommendations have been implemented
and such policy goals have been achieved; or
(2) if the Director of National Intelligence is unable to
make the certification described in paragraph (1), a
description of--
(A) the steps taken to implement such recommendations and
achieve such policy goals;
(B) when the Director of National Intelligence expects such
recommendations to be implemented and such policy goals to be
achieved; and
(C) any allocation of resources or other actions by
Congress the Director considers necessary to implement such
recommendations and achieve such policy goals.
(b) Termination of Duty to Report.--The duty to submit a
report under subsection (a) shall terminate when the Director
of National Intelligence submits a certification pursuant to
subsection (a)(1).
(c) GAO Review of Certification.--If the Director of
National Intelligence submits a certification pursuant to
subsection (a)(1), not later than 30 days after the
submission of such certification, the Comptroller General
shall submit to the relevant congressional committees a
report on whether the recommendations described in subsection
(a) have been implemented and whether the policy goals
described in subsection (a) have been achieved.
(d) GAO Report on DNI Exercise of Authority.--
(1) Annual report.--Not later than 90 days after the date
of the enactment of this Act, and annually thereafter, the
Comptroller General shall submit to the relevant
congressional committees a report on whether--
(A) the Director of National Intelligence has been able to
properly exercise the authority of the Office of the Director
of National Intelligence, including budget and personnel
authority; and
(B) information sharing among the intelligence community is
a high priority.
(2) Termination.--The duty to submit a report under
paragraph (1) shall terminate when the Comptroller General
certifies to the relevant congressional committees that the
recommendations of the 9/11 Commission and the policy goals
of the Intelligence Reform and Terrorism Prevention Act of
2004 (Public Law 108-458) with respect to the Director of
National Intelligence have been achieved.
SEC. 202. REPORT ON NATIONAL COUNTERTERRORISM CENTER.
(a) Report; Certification.--Not later than 30 days after
the date of the enactment of this Act, and every 30 days
thereafter, the Director of National Intelligence shall
submit to the relevant congressional committees a report on
the recommendations of the 9/11 Commission and the policy
goals of the Intelligence Reform and Terrorism Prevention Act
of 2004 (Public Law 108-458) with respect to the
establishment of a National Counterterrorism Center. Such
report shall include--
(1) a certification by the Director of National
Intelligence that such recommendations have been implemented
and such policy goals have been achieved; or
(2) if the Director of National Intelligence is unable to
make the certification described in paragraph (1), a
description of--
(A) the steps taken to implement such recommendations and
achieve such policy goals;
(B) when the Director of National Intelligence expects such
recommendations to be implemented and such policy goals to be
achieved; and
(C) any allocation of resources or other actions by
Congress the Director considers necessary to implement such
recommendations and achieve such policy goals.
(b) Termination of Duty to Report.--The duty to submit a
report under subsection (a) shall terminate when the Director
of National Intelligence submits a certification pursuant to
subsection (a)(1).
(c) GAO Review of Certification.--If the Director of
National Intelligence submits a certification pursuant to
subsection (a)(1), not later than 30 days after the
submission of such certification, the Comptroller General
shall submit to the relevant congressional committees a
report on whether the recommendations described in subsection
(a) have been implemented and whether the policy goals
described in subsection (a) have been achieved.
SEC. 203. REPORT ON CREATION OF A FEDERAL BUREAU OF
INVESTIGATION NATIONAL SECURITY WORKFORCE.
(a) Report; Certification.--Not later than 30 days after
the date of the enactment of this Act, and every 30 days
thereafter, the Director of the Federal Bureau of
Investigation shall submit to the relevant congressional
committees a report on the recommendations of the 9/11
Commission and the policy goals of the Intelligence Reform
and Terrorism Prevention Act of 2004 (Public Law 108-458)
with respect to the creation of a Federal Bureau of
Investigation national security workforce. Such report shall
include--
(1) a certification by the Director of the Federal Bureau
of Investigation that such recommendations have been
implemented and such policy goals have been achieved; or
(2) if the Director of the Federal Bureau of Investigation
is unable to make the certification described in paragraph
(1), a description of--
(A) the steps taken to implement such recommendations and
achieve such policy goals;
(B) when the Director of the Federal Bureau of
Investigation expects such recommendations to be implemented
and such policy goals to be achieved; and
(C) any allocation of resources or other actions by
Congress the Director of the Federal Bureau of Investigation
considers necessary to implement such recommendations and
achieve such policy goals.
(b) Termination of Duty to Report.--The duty to submit a
report under subsection (a) shall terminate when the Director
of the Federal Bureau of Investigation submits a
certification pursuant to subsection (a)(1).
(c) GAO Review of Certification.--If the Director of the
Federal Bureau of Investigation submits a certification
pursuant to subsection (a)(1), not later than 30 days after
the submission of such certification, the Comptroller General
shall submit to the relevant congressional committees a
report on whether the recommendations described in subsection
(a) have been implemented and whether the policy goals
described in subsection (a) have been achieved.
(d) GAO Report on Creation of FBI National Security
Workforce.--
(1) Annual report.--Not later than 90 days after the date
of the enactment of this Act, and annually thereafter, the
Comptroller General shall submit to the relevant
congressional committees a report on whether--
(A) there is a sense of urgency within the Federal Bureau
of Investigation to create a national security workforce to
carry out the domestic counterterrorism mission of the
Federal Bureau of Investigation;
(B) the Federal Bureau of Investigation is on track to
create such a workforce; and
(C) the culture of the Federal Bureau of Investigation
allows the Federal Bureau of Investigation to meet its new
challenges and succeed in its counterterrorism role.
(2) Termination.--The duty to submit a report under
paragraph (1) shall terminate when the Comptroller General
certifies to the relevant congressional committees that the
recommendations of the 9/11 Commission and the policy goals
of the Intelligence Reform and Terrorism Prevention Act of
2004 (Public Law 108-458) with respect to the creation of a
Federal Bureau of Investigation national security workforce
have been achieved.
SEC. 204. REPORT ON NEW MISSIONS FOR THE DIRECTOR OF THE
CENTRAL INTELLIGENCE AGENCY.
(a) Report; Certification.--Not later than 90 days after
the date of the enactment of this Act, and every 90 days
thereafter, the Director of National Intelligence shall
submit to the relevant congressional committees a report on
the recommendations of the 9/11 Commission and the policy
goals of the Intelligence Reform and Terrorism Prevention Act
of 2004 (Public Law 108-458) with respect to the new mission
of the Director of the Central Intelligence Agency. Such
report shall include--
(1) a certification by the Director of National
Intelligence that such recommendations have been implemented
and such policy goals have been achieved; or
(2) if the Director of National Intelligence is unable to
make the certification described in paragraph (1), a
description of--
(A) the steps taken to implement such recommendations and
achieve such policy goals;
[[Page S9147]]
(B) when the Director of National Intelligence expects such
recommendations to be implemented and such policy goals to be
achieved; and
(C) any allocation of resources or other actions by
Congress the Director considers necessary to implement such
recommendations and achieve such policy goals.
(b) Termination of Duty to Report.--The duty to submit a
report under subsection (a) shall terminate when the Director
of National Intelligence submits a certification pursuant to
subsection (a)(1).
(c) GAO Review of Certification.--If the Director of
National Intelligence submits a certification pursuant to
subsection (a)(1), not later than 30 days after the
submission of such certification, the Comptroller General
shall submit to the relevant congressional committees a
report on whether the recommendations described in subsection
(a) have been implemented and whether the policy goals
described in subsection (a) have been achieved.
(d) GAO Report on Director of the Central Intelligence
Agency.--
(1) Annual report.--Not later than 90 days after the date
of the enactment of this Act, and annually thereafter, the
Comptroller General shall submit to the relevant
congressional committees a report on whether the Director of
the Central Intelligence Agency has strong, determined
leadership committed to accelerating the pace of the reforms
underway.
(2) Termination.--The duty to submit a report under
paragraph (1) shall terminate when the Comptroller General
certifies to the relevant congressional committees that the
recommendations of the 9/11 Commission and the policy goals
of the Intelligence Reform and Terrorism Prevention Act of
2004 (Public Law 108-458) with respect to the Director of the
Central Intelligence Agency have been achieved.
(e) Sense of Congress.--It is the sense of Congress that
Congress and the leadership of the Central Intelligence
Agency should--
(1) regularly evaluate the effectiveness of the national
clandestine service structure to determine if it improves
coordination of human intelligence collection operations and
produces better intelligence results; and
(2) address morale and personnel issues at the Central
Intelligence Agency to ensure the Central Intelligence Agency
remains an effective arm of national power.
SEC. 205. REPORT ON INCENTIVES FOR INFORMATION SHARING.
(a) Report; Certification.--Not later than 30 days after
the date of the enactment of this Act, and every 30 days
thereafter, the Director of the Office of Management and
Budget, in consultation with the Director of National
Intelligence and the Program Manager for the Information
Sharing Environment, 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 provision of affirmative incentives
for information sharing, and for reducing disincentives to
information sharing, across the Federal Government and with
State and local authorities. Such report shall include--
(1) a certification by the Director of the Office of
Management and Budget that such recommendations have been
implemented and such policy goals have been achieved; or
(2) if the Director of the Office of Management and Budget
is unable to make the certification described in paragraph
(1), a description of--
(A) the steps taken to implement such recommendations and
achieve such policy goals;
(B) when the Director of National Intelligence and the
Program Manager for the Information Sharing Environment
expect such recommendations to be implemented and such policy
goals to be achieved; and
(C) any allocation of resources or other actions by
Congress the Director considers necessary to implement such
recommendations and achieve such policy goals.
(b) Termination of Duty to Report.--The duty to submit a
report under subsection (a) shall terminate when the Director
of the Office of Management and Budget submits a
certification pursuant to subsection (a)(1).
(c) GAO Review of Certification.--If the Director of the
Office of Management and Budget submits a certification
pursuant to subsection (a)(1), not later than 30 days after
the submission of such certification, the Comptroller General
shall submit to the relevant congressional committees a
report on whether the recommendations described in subsection
(a) have been implemented and whether the policy goals
described in subsection (a) have been achieved.
SEC. 206. REPORT ON PRESIDENTIAL LEADERSHIP OF NATIONAL
SECURITY INSTITUTIONS IN THE INFORMATION
REVOLUTION.
(a) Report; Certification.--Not later than 30 days after
the date of the enactment of this Act, and every 30 days
thereafter, the Director of the Office of Management and
Budget, in consultation with the Director of National
Intelligence and the Program Manager for the Information
Sharing Environment, shall submit to the relevant
congressional committees a report on the recommendations of
the 9/11 Commission and the policy goals of the Intelligence
Reform and Terrorism Prevention Act of 2004 (Public Law 108-
458) with respect to the leadership of the President of
national security institutions into the information
revolution. Such report shall include--
(1) a certification by the Director of the Office of
Management and Budget that such recommendations have been
implemented and such policy goals have been achieved; or
(2) if the Director of the Office of Management and Budget
is unable to make the certification described in paragraph
(1), a description of--
(A) the steps taken to implement such recommendations and
achieve such policy goals;
(B) when the Director of the Office of Management and
Budget expects such recommendations to be implemented and
such policy goals to be achieved; and
(C) any allocation of resources or other actions by
Congress the Director considers necessary to implement such
recommendations and achieve such policy goals.
(b) Termination of Duty to Report.--The duty to submit a
report under subsection (a) shall terminate when the Director
of the Office of Management and Budget submits a
certification pursuant to subsection (a)(1).
(c) GAO Review of Certification.--If the Director of the
Office of Management and Budget submits a certification
pursuant to subsection (a)(1), not later than 30 days after
the submission of such certification, the Comptroller General
shall submit to the relevant congressional committees a
report on whether the recommendations described in subsection
(a) have been implemented and whether the policy goals
described in subsection (a) have been achieved.
(d) GAO Report on Information Systems.--
(1) Annual report.--Not later than 90 days after the date
of the enactment of this Act, and annually thereafter, the
Comptroller General shall submit to the relevant
congressional committees a report on whether the departments
and agencies of the Federal Government have the resources and
Presidential support to change information systems to enable
information sharing, policies and procedures that compel
sharing, and systems of performance evaluation to inform
personnel on how well they carry out information sharing.
(2) Termination.--The duty to submit a report under
paragraph (1) shall terminate when the Comptroller General
certifies to the relevant congressional committees that the
recommendations of the 9/11 Commission and the policy goals
of the Intelligence Reform and Terrorism Prevention Act of
2004 (Public Law 108-458) with respect to the leadership of
the President of national security institutions into the
information revolution have been achieved.
SEC. 207. HOMELAND AIRSPACE DEFENSE.
(a) Certification.--Not later than 30 days after the date
of the enactment of this Act, and every 30 days thereafter,
the Secretary of Homeland Security and the Secretary of
Defense shall each submit to the specified congressional
committees a certification as to whether the Federal
Government has implemented the policy goals of the
Intelligence Reform and Terrorism Prevention Act of 2004
(Public Law 108-458) and the recommendations of the National
Commission on Terrorist Attacks Upon the United States
regarding homeland and airspace defense. Each Secretary shall
include with such certification recommendations if further
congressional action is necessary. If a Secretary is unable
to certify the goal in the first sentence, the Secretary
shall report to the specified committees what steps have been
taken towards implementation, when implementation can
reasonably be expected to be completed, and whether
additional resources or actions from the Congress are
required for implementation.
(b) Comptroller General Report.--Within 30 days of the
submission of both certifications under subsection (a), the
Comptroller General of the United States shall submit to the
specified congressional committees a report verifying that
the policy referred to in that subsection has in fact been
implemented and recommendations of any additional
congressional action necessary to implement the goals
referred to in that subsection.
(c) Specified Congressional Committees Defined.--In this
section, the term ``specified congressional committees''
means--
(1) the Committee on Homeland Security, the Committee on
Government Reform, and the Committee on Transportation and
Infrastructure of the House of Representatives; and
(2) the Committee of Homeland Security and Governmental
Affairs and the Committee on Environment and Public Works of
the Senate.
SEC. 208. SEMIANNUAL REPORT ON PLANS AND STRATEGIES OF UNITED
STATES NORTHERN COMMAND FOR DEFENSE OF THE
UNITED STATES HOMELAND.
(a) Findings.--Consistent with the report of the 9/11
Commission, Congress makes the following findings:
(1) The primary responsibility for national defense is with
the Department of Defense and the secondary responsibility
for national defense is with the Department of Homeland
Security, and the two departments must have clear
delineations of responsibility.
(2) Before September 11, 2001, the North American Aerospace
Defense Command, which had responsibility for defending
United States airspace on September 11, 2001--
(A) focused on threats coming from outside the borders of
the United States; and
(B) had not increased its focus on terrorism within the
United States, even
[[Page S9148]]
though the intelligence community had gathered intelligence
on the possibility that terrorists might turn to hijacking
and even the use of airplanes as missiles within the United
States.
(3) The United States Northern Command has been established
to assume responsibility for defense within the United
States.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Secretary of Defense should regularly assess the
adequacy of the plans and strategies of the United States
Northern Command with a view to ensuring that the United
States Northern Command is prepared to respond effectively to
all military and paramilitary threats within the United
States; and
(2) the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives
should periodically review and assess the adequacy of those
plans and strategies.
(c) Semiannual Report.--Not later than 90 days after the
date of the enactment of this Act, and every 180 days
thereafter, the Secretary of Defense shall submit to the
Committee on Armed Services of the Senate and the Committee
on Armed Services of the House of Representatives a report
describing the plans and strategies of the United States
Northern Command to defend the United States against military
and paramilitary threats within the United States.
SEC. 209. RELEVANT CONGRESSIONAL COMMITTEES DEFINED.
In this subtitle, the term ``relevant congressional
committees'' means the 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 Permanent Select Committee on Intelligence of the
House of Representatives.
(4) The Committee on Homeland Security and Government
Affairs of the Senate.
(5) The Select Committee on Intelligence of the Senate.
Subtitle B--Civil Liberties and Executive Power
SEC. 211. REPORT ON THE BALANCE BETWEEN SECURITY AND CIVIL
LIBERTIES.
(a) Report; Certification.--Not later than 30 days after
the date of the enactment of this Act, and every 30 days
thereafter, the Attorney General shall submit to the relevant
congressional committees a report on the recommendations of
the 9/11 Commission and the policy goals of the Intelligence
Reform and Terrorism Prevention Act of 2004 (Public Law 108-
458) with respect to the balance between security and civil
liberties. Such report shall include--
(1) a certification by the Attorney General that such
recommendations have been implemented and such policy goals
have been achieved; or
(2) if the Attorney General is unable to make the
certification described in paragraph (1), a description of--
(A) the steps taken to implement such recommendations and
achieve such policy goals;
(B) when the Attorney General expects such recommendations
to be implemented and such policy goals to be achieved; and
(C) any allocation of resources or other actions by
Congress the Attorney General considers necessary to
implement such recommendations and achieve such policy goals.
(b) Termination of Duty to Report.--The duty to submit a
report under subsection (a) shall terminate when the Attorney
General submits a certification pursuant to subsection
(a)(1).
(c) GAO Review of Certification.--If the Attorney General
submits a certification pursuant to subsection (a)(1), not
later than 30 days after the submission of such
certification, the Comptroller General shall submit to the
relevant congressional committees a report on whether the
recommendations described in subsection (a) have been
implemented and whether the policy goals described in
subsection (a) have been achieved.
SEC. 212. PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD.
(a) Short Title.--This section may be cited as the ``9/11
Commission Civil Liberties Board Act''.
(b) Findings.--Congress makes the following findings:
(1) On July 22, 2004 the National Commission on Terrorist
Attacks Upon the United States issued a report that included
41 specific recommendations to help prevent future terrorist
attacks, including details of a global strategy and
government reorganization necessary to implement that
strategy.
(2) One of the recommendations focused on the protections
of civil liberties. Specifically the following recommendation
was made: ``At this time of increased and consolidated
government authority, there should be a board within the
executive branch to oversee adherence to the guidelines we
recommend and the commitment the government makes to defend
our civil liberties.''.
(3) The report also states that ``the choice between
security and liberty is a false choice, as nothing is more
likely to endanger America's liberties than the success of a
terrorist attack at home. Our History has shown that the
insecurity threatens liberty at home. Yet if our liberties
are curtailed, we lose the values that we are struggling to
defend.''.
(4) On December 17, 2004, Public Law 108-458, the National
Intelligence Reform Act, was signed into law. This law
created a civil liberties board that does not have the
authority necessary to protect civil liberties.
(5) The establishment and adequate funding of a Privacy and
Civil Liberties Oversight Board was a crucial recommendation
made by the 9/11 Commission.
(6) In its Final Report on 9/11 Commission Recommendations,
the Commission noted ``very little urgency'' and
``insufficient'' funding as it relates to the establishment
of the Privacy and Civil Liberties Oversight Board.
(7) While the President's budget submission for fiscal year
2006 included $750,000 for the Privacy and Civil Liberties
Oversight Board, the President's budget submission for fiscal
year 2007 does not contain a funding line for the Board.
(c) Making the Privacy and Civil Liberties Oversight Board
Independent.--Section 1061(b) of the Intelligence Reform and
Terrorism Prevention Act of 2004 is amended by striking
``within the Executive Office of the President'' and
inserting ``as an independent agency within the Executive
branch''.
(d) Requiring All Members of the Privacy and Civil
Liberties Oversight Board Be Confirmed by the Senate.--
Subsection (e) of section 1061 of the Intelligence Reform and
Terrorism Prevention Act of 2004 is amended to read as
follows:
``(e) Membership.--
``(1) Members.--The Board shall be composed of a full-time
chairman and 4 additional members, who shall be appointed by
the President, by and with the advice and consent of the
Senate.
``(2) Qualifications.--Members of the Board shall be
selected solely on the basis of their professional
qualifications, achievements, public stature, expertise in
civil liberties and privacy, and relevant experience, and
without regard to political affiliation, but in no event
shall more than 3 members of the Board be members of the same
political party. The President shall, before appointing an
individual who is not a member of the same political party as
the President consult with the leadership of that party, if
any, in the Senate and House of Representatives.
``(3) Incompatible office.--An individual appointed to the
Board may not, while serving on the Board, be an elected
official, officer, or employee of the Federal Government,
other than in the capacity as a member of the Board.
``(4) Term.--Each member of the Board shall serve a term of
six years, except that--
``(A) a member appointed to a term of office after the
commencement of such term may serve under such appointment
only for the remainder of such term;
``(B) upon the expiration of the term of office of a
member, the member shall continue to serve until the member's
successor has been appointed and qualified, except that no
member may serve under this subparagraph--
``(i) for more than 60 days when Congress is in session
unless a nomination to fill the vacancy shall have been
submitted to the Senate; or
``(ii) after the adjournment sine die of the session of the
Senate in which such nomination is submitted; and
``(C) the members initially appointed under this subsection
shall serve terms of two, three, four, five, and six years,
respectively, from the effective date of this Act, with the
term of each such member to be designated by the President.
``(5) Quorum and meetings.--The Board shall meet upon the
call of the chairman or a majority of its members. Three
members of the Board shall constitute a quorum.''.
(e) Subpoena Power for the Privacy and Civil Liberties
Oversight Board.--Section 1061(d) of the Intelligence Reform
and Terrorism Prevention Act of 2004 is amended--
(1) so that subparagraph (D) of paragraph (1) reads as
follows:
``(D) require, by subpoena issued at the direction of a
majority of the members of the Board, persons (other than
departments, agencies, and elements of the executive branch)
to produce any relevant information, documents, reports,
answers, records, accounts, papers, and other documentary or
testimonial evidence.''; and
(2) so that paragraph (2) reads as follows:
``(2) Enforcement of subpoena.--In the case of contumacy or
failure to obey a subpoena issued under paragraph (1)(D), the
United States district court for the judicial district in
which the subpoenaed person resides, is served, or may be
found may issue an order requiring such person to produce the
evidence required by such subpoena.''.
(f) Reporting Requirements.--
(1) Duties of board.--Paragraph (4) of section 1061(c) of
the Intelligence Reform and Terrorism Prevention Act of 2004
is amended to read as follows:
``(4) Reports.--
``(A) Receipt, review, and submission.--
``(i) In general.--The Board shall--
``(I) receive and review reports from privacy officers and
civil liberties officers described in section 212; and
``(II) periodically submit, not less than semiannually,
reports to the appropriate committees of Congress, including
the Committees on the Judiciary of the Senate and the House
of Representatives, the Committee on Homeland Security and
Governmental Affairs of the Senate, the Committee on
Government Reform of the House of Representatives, the Select
Committee on Intelligence of the Senate, and the Permanent
Select Committee on Intelligence of the House of
Representatives, and to the President.
[[Page S9149]]
Such reports shall be in unclassified form to the greatest
extent possible, with a classified annex where necessary.
``(ii) Contents.--Not less than 2 reports the Board submits
each year under clause (i)(II) shall include--
``(I) a description of the major activities of the Board
during the preceding period;
``(II) information on the findings, conclusions, and
recommendations of the Board resulting from its advice and
oversight functions under subsection (c);
``(III) the minority views on any findings, conclusions,
and recommendations of the Board resulting from its advice
and oversight functions under subsection (c); and
``(IV) each proposal reviewed by the Board under subsection
(c)(1) that the Board advised against implementing, but that
notwithstanding such advice, was implemented.
``(B) Informing the public.--The Board shall--
``(i) make its reports, including its reports to Congress,
available to the public to the greatest extent that is
consistent with the protection of classified information and
applicable law; and
``(ii) hold public hearings and otherwise inform the public
of its activities, as appropriate and in a manner consistent
with the protection of classified information and applicable
law.''.
(2) Privacy and civil liberties officers.--Section 1062 of
the Intelligence Reform and Terrorism Prevention Act of 2004
is amended to read as follows:
``SEC. 1062. PRIVACY AND CIVIL LIBERTIES OFFICERS.
``(a) Designation and Functions.--The Attorney General, the
Secretary of Defense, the Secretary of State, the Secretary
of the Treasury, the Secretary of Health and Human Services,
the Secretary of Homeland Security, the National Intelligence
Director, the Director of the Central Intelligence Agency,
any other entity within the intelligence community (as
defined in section 3 of the National Security Act of 1947 (50
U.S.C. 401a)), and the head of any other department, agency,
or element of the executive branch designated by the Privacy
and Civil Liberties Oversight Board to be appropriate for
coverage under this section shall designate not less than 1
senior officer to--
``(1) assist the head of such department, agency, or
element and other officials of such department, agency, or
element in appropriately considering privacy and civil
liberties concerns when such officials are proposing,
developing, or implementing laws, regulations, policies,
procedures, or guidelines related to efforts to protect the
Nation against terrorism;
``(2) periodically investigate and review department,
agency, or element actions, policies, procedures, guidelines,
and related laws and their implementation to ensure that such
department, agency, or element is adequately considering
privacy and civil liberties in its actions;
``(3) ensure that such department, agency, or element has
adequate procedures to receive, investigate, respond to, and
redress complaints from individuals who allege such
department, agency, or element has violated their privacy or
civil liberties; and
``(4) in providing advice on proposals to retain or enhance
a particular governmental power the officer shall consider
whether such department, agency, or element has established--
``(A) that the power actually enhances security and the
need for the power is balanced with the need to protect
privacy and civil liberties;
``(B) that there is adequate supervision of the use by such
department, agency, or element of the power to ensure
protection of privacy and civil liberties; and
``(C) that there are adequate guidelines and oversight to
properly confine its use.
``(b) Exception to Designation Authority.--
``(1) Privacy officers.--In any department, agency, or
element referred to in subsection (a) or designated by the
Board, which has a statutorily created privacy officer, such
officer shall perform the functions specified in subsection
(a) with respect to privacy.
``(2) Civil liberties officers.--In any department, agency,
or element referred to in subsection (a) or designated by the
Board, which has a statutorily created civil liberties
officer, such officer shall perform the functions specified
in subsection (a) with respect to civil liberties.
``(c) Supervision and Coordination.--Each privacy officer
or civil liberties officer described in subsection (a) or (b)
shall--
``(1) report directly to the head of the department,
agency, or element concerned; and
``(2) coordinate their activities with the Inspector
General of such department, agency, or element to avoid
duplication of effort.
``(d) Agency Cooperation.--The head of each department,
agency, or element shall ensure that each privacy officer and
civil liberties officer--
``(1) has the information, material, and resources
necessary to fulfill the functions of such officer;
``(2) is advised of proposed policy changes;
``(3) is consulted by decisionmakers; and
``(4) is given access to material and personnel the officer
determines to be necessary to carry out the functions of such
officer.
``(e) Reprisal for Making Complaint.--No action
constituting a reprisal, or threat of reprisal, for making a
complaint or for disclosing information to a privacy officer
or civil liberties officer described in subsection (a) or
(b), or to the Privacy and Civil Liberties Oversight Board,
that indicates a possible violation of privacy protections or
civil liberties in the administration of the programs and
operations of the Federal Government relating to efforts to
protect the Nation from terrorism shall be taken by any
Federal employee in a position to take such action, unless
the complaint was made or the information was disclosed with
the knowledge that it was false or with willful disregard for
its truth or falsity.
``(f) Periodic Reports.--
``(1) In general.--The privacy officers and civil liberties
officers of each department, agency, or element referred to
or described in subsection (a) or (b) shall periodically, but
not less than quarterly, submit a report on the activities of
such officers--
``(A)(i) to the appropriate committees of Congress,
including the Committees on the Judiciary of the Senate and
the House of Representatives, the Committee on Homeland
Security and Governmental Affairs of the Senate, the
Committee on Government Reform of the House of
Representatives, the Select Committee on Intelligence of the
Senate, and the Permanent Select Committee on Intelligence of
the House of Representatives;
``(ii) to the head of such department, agency, or element;
and
``(iii) to the Privacy and Civil Liberties Oversight Board;
and
``(B) which shall be in unclassified form to the greatest
extent possible, with a classified annex where necessary.
``(2) Contents.--Each report submitted under paragraph (1)
shall include information on the discharge of each of the
functions of the officer concerned, including--
``(A) information on the number and types of reviews
undertaken;
``(B) the type of advice provided and the response given to
such advice;
``(C) the number and nature of the complaints received by
the department, agency, or element concerned for alleged
violations; and
``(D) a summary of the disposition of such complaints, the
reviews and inquiries conducted, and the impact of the
activities of such officer.
``(g) Informing the Public.--Each privacy officer and civil
liberties officer shall--
``(1) make the reports of such officer, including reports
to Congress, available to the public to the greatest extent
that is consistent with the protection of classified
information and applicable law; and
``(2) otherwise inform the public of the activities of such
officer, as appropriate and in a manner consistent with the
protection of classified information and applicable law.
``(h) Savings Clause.--Nothing in this section shall be
construed to limit or otherwise supplant any other
authorities or responsibilities provided by law to privacy
officers or civil liberties officers.
``(i) Protections for Human Research Subjects.--The
Secretary of Homeland Security shall ensure that the
Department of Homeland Security complies with the protections
for human research subjects, as described in part 46 of title
45, Code of Federal Regulations, or in equivalent regulations
as promulgated by such Secretary, with respect to research
that is conducted or supported by such Department.''.
(g) Inclusion in President's Budget Submission to
Congress.--Section 1105(a) of title 31, United States Code,
is amended by adding at the end the following new paragraph:
``(36) a separate statement of the amount of appropriations
requested for the Privacy and Civil Liberties Oversight
Board.''.
(h) Report; Certification.--
(1) Report.--Not later than 30 days after the date of the
enactment of this Act, and every 30 days thereafter, the
Attorney General shall submit to the relevant congressional
committees a report on the extent to which the Administration
has achieved and implemented the policy goals of Public Law
108-458 and the recommendations of the 9/11 Commission
regarding the implementation of the Privacy and Civil
Liberties Oversight Board. Such report shall include--
(A) a certification by the Attorney General that such
recommendations have been implemented and such policy goals
have been achieved; or
(B) if the Attorney General is unable to make the
certification described in subparagraph (A), a description
of--
(i) the steps taken to implement such recommendations and
achieve such policy goals;
(ii) when the Attorney General expects such recommendations
to be implemented and such policy goals to be achieved; and
(iii) any allocation of resources or other actions by
Congress the Attorney General considers necessary to
implement such recommendations and achieve such policy goals.
(2) Termination of duty to report.--The duty to submit a
report under paragraph (1) shall terminate when the Attorney
General submits a certification pursuant to paragraph (1)(A).
(3) GAO review of certification.--If the Attorney General
submits a certification pursuant to paragraph (1), not later
than 30 days after the submission of such certification, the
Comptroller General shall submit to the relevant
congressional committees a report on whether the
recommendations described in paragraph (1) have been
implemented and whether the policy goals described in
paragraph (1) have been achieved.
[[Page S9150]]
SEC. 213. SET PRIVACY GUIDELINES FOR GOVERNMENT SHARING OF
PERSONAL INFORMATION.
(a) Report.--Not later than 30 days after the date of the
enactment of this Act, and every 30 days thereafter, the
Attorney General shall submit to the relevant congressional
committees a report on the extent to which the Administration
has achieved and implemented the policy goals of Public Law
108-458 and the recommendations of the 9/11 Commission
regarding the privacy guidelines for government sharing of
personal information. Such report shall include--
(1) a certification by the Attorney General that such
recommendations have been implemented and such policy goals
have been achieved; or
(2) if the Attorney General is unable to make the
certification described in paragraph (1), a description of--
(A) the steps taken to implement such recommendations and
achieve such policy goals;
(B) when the Attorney General expects such recommendations
to be implemented and such policy goals to be achieved; and
(C) any allocation of resources or other actions by
Congress the Attorney General considers necessary to
implement such recommendations and achieve such policy goals.
(b) Termination of Duty to Report.--The duty to submit a
report under subsection (a) shall terminate when the Attorney
General submits a certification pursuant to subsection
(a)(1).
(c) GAO Review of Certification.--If the Attorney General
submits a certification pursuant to subsection (a), not later
than 30 days after the submission of such certification, the
Comptroller General shall submit to the relevant
congressional committees a report on whether the
recommendations described in paragraph (1) have been
implemented and whether the policy goals described in
subsection (A) have been achieved.
SEC. 214. RELEVANT CONGRESSIONAL COMMITTEES DEFINED.
In this subtitle, the term ``relevant congressional
committees'' means the Committee on Homeland Security of the
House of Representatives, the Committee on Government Reform
of the House of Representatives, the Committee on Homeland
Security and Governmental Affairs of the Senate, the
Committees on the Judiciary of the Senate and House of
Representatives, the Select Committee on Intelligence of the
Senate, and the Permanent Select Committee on Intelligence of
the House of Representatives.
Subtitle C--Intelligence Oversight Reform in the Senate
SEC. 231. SUBCOMMITTEE RELATED TO INTELLIGENCE OVERSIGHT.
(a) Establishment.--There is established in the Select
Committee on Intelligence a Subcommittee on Oversight which
shall be in addition to any other subcommittee established by
the select Committee.
(b) Responsibility.--The Subcommittee on Oversight shall be
responsible for ongoing oversight of intelligence activities.
SEC. 232. SUBCOMMITTEE RELATED TO INTELLIGENCE
APPROPRIATIONS.
(a) Establishment.--There is established in the Committee
on Appropriations a Subcommittee on Intelligence.
(b) Jurisdiction.--The Subcommittee on Intelligence of the
Committee on Appropriations shall have jurisdiction over
funding for intelligence matters.
SEC. 233. EFFECTIVE DATE.
This subtitle shall take effect on the convening of the
110th Congress.
Subtitle D--Standardize Security Clearances
SEC. 241. STANDARDIZATION OF SECURITY CLEARANCES.
(a) Report; Certification.--Not later than 30 days after
the date of the enactment of this Act, and every 30 days
thereafter, the Director of the Office of Personnel
Management, in consultation with the Director of National
Intelligence, the Secretary of Defense, and the Secretary of
Homeland Security, shall submit to the relevant congressional
committees a report on the recommendations of the 9/11
Commission and the policy goals of section 3001 of the
Intelligence Reform and Terrorism Prevention Act of 2004
(Public Law 108-458) with respect to security clearances,
including with respect to uniform policies and procedures for
the completion of security clearances and reciprocal
recognition of such security clearances among agencies of the
United States Government. Such report shall include--
(1) a certification by the Director of the Office of
Personnel Management that such recommendations have been
implemented and such policy goals have been achieved; or
(2) if the Director of the Office of Personnel Management
is unable to make the certification described in paragraph
(1), a description of--
(A) the steps taken to implement such recommendations and
achieve such policy goals;
(B) when the Director of the Office of Personnel Management
expects such recommendations to be implemented and such
policy goals to be achieved; and
(C) any allocation of resources or other actions by
Congress the Director considers necessary to implement such
recommendations and achieve such policy goals.
(b) Termination of Duty to Report.--The duty to submit a
report under subsection (a) shall terminate when the Director
of the Office of Personnel Management submits a certification
pursuant to subsection (a)(1).
(c) GAO Review of Certification.--If the Director of the
Office of Personnel Management submits a certification
pursuant to subsection (a)(1), not later than 30 days after
the submission of such certification, the Comptroller General
shall submit to the relevant congressional committees a
report on whether the recommendations described in subsection
(a) have been implemented and whether the policy goals
described in subsection (a) have been achieved.
TITLE III--FOREIGN POLICY, PUBLIC DIPLOMACY, AND NONPROLIFERATION
Subtitle A--Foreign Policy
SEC. 301. ACTIONS TO ENSURE A LONG-TERM COMMITMENT TO
AFGHANISTAN.
(a) Sense of Congress.--It is the sense of Congress that
the Government of the United States--
(1) should give priority to providing assistance to
Afghanistan to establish a substantial economic
infrastructure and a sound economy; and
(2) should continue to provide economic and development
assistance to Afghanistan, including assistance to the Afghan
National Army and the police forces and border police of
Afghanistan.
(b) Report; Certification.--Not later than 90 days after
the date of the enactment of this Act, and every 90 days
thereafter, the President shall submit to the relevant
congressional committees a report on the recommendations of
the 9/11 Commission and the policy goals of section 305 of
the Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7555)
(as added by section 7104(e)(4)(A) of the Intelligence Reform
and Terrorism Prevention Act of 2004 (Public Law 108-458))
for ensuring a long-term commitment to Afghanistan. Such
report shall include--
(1) a certification by the President that such
recommendations have been implemented and such policy goals
have been achieved; or
(2) if the President is unable to make the certification
described in paragraph (1), a description of--
(A) the steps taken to implement such recommendations and
achieve such policy goals;
(B) when the President expects such recommendations to be
implemented and such policy goals to be achieved; and
(C) any allocation of resources or other actions by
Congress the President considers necessary to implement such
recommendations and achieve such policy goals.
(c) Termination of Duty to Report.--The duty to submit a
report under subsection (b) shall terminate when the
President submits a certification pursuant to subsection
(b)(1).
(d) GAO Review of Certification.--If the President submits
a certification pursuant to subsection (b)(1), not later than
30 days after the submission of such certification, the
Comptroller General shall submit to the relevant
congressional committees a report on whether the
recommendations described in subsection (b) has been
implemented and whether the policy goals described in
subsection (b) have been achieved.
(e) Relevant Congressional Committees Defined.--In this
section, the term ``relevant congressional committees''
means--
(1) the Committee on International Relations and the
Committee on Government Reform of the House of
Representatives; and
(2) the Committee on Foreign Relations and the Committee on
Homeland Security and Governmental Affairs of the Senate.
SEC. 302. ACTIONS TO SUPPORT PAKISTAN AGAINST EXTREMISTS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the commitment of the President to provide
$3,000,000,000 in assistance over the next five years to
Pakistan should be commended;
(2) the Government of the United States should provide
assistance to Pakistan to improve Pakistan's failing basic
education system and to emphasize development;
(3) the Government of the United States should strongly
urge the Government of Pakistan to close Taliban-linked
schools known as ``madrassas'', close terrorist training
camps, and prevent Taliban forces from operating across the
border between Pakistan and Afghanistan; and
(4) the Government of the United States and the Government
of Pakistan must redouble their efforts to kill or capture
Osama bin Laden and other high-ranking al Qaeda suspects that
may be hiding in or around Pakistan.
(b) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State shall submit to
the Committee on International Relations of the House of
Representatives and the Committee on Foreign Relations of the
Senate a report on efforts by the Government of Pakistan take
the actions described in subsection (a)(3).
SEC. 303. ACTIONS TO SUPPORT REFORM IN SAUDI ARABIA.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Government of the United States and the Government
of Saudi Arabia should accelerate efforts to improve
strategic dialogue between the two countries, increase
exchange programs, and promote pragmatic reforms in Saudi
Arabia; and
(2) the Government of Saudi Arabia should take additional
steps to regulate charities and promote tolerance and
moderation.
[[Page S9151]]
(b) Report; Certification.--Not later than 90 days after
the date of the enactment of this Act, and every 90 days
thereafter, the Secretary of State shall submit to the
relevant congressional committees a report on the
recommendations of the 9/11 Commission and the policy goals
of section 7105 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (Public Law 108-458) for improving
dialogue between the people and Government of the United
States and the people and Government of Saudi Arabia in order
to improve the relationship between the two countries. Such
report shall include--
(1) a certification by the Secretary of State that such
recommendations have been implemented and such policy goals
have been achieved; or
(2) if the Secretary of State is unable to make the
certification described in paragraph (1), a description of--
(A) the steps taken to implement such recommendations and
achieve such policy goals;
(B) when the Secretary of State expects such
recommendations to be implemented and such policy goals to be
achieved; and
(C) any allocation of resources or other actions by
Congress the Secretary of State considers necessary to
implement such recommendations and achieve such policy goals.
(c) Termination of Duty to Report.--The duty to submit a
report under subsection (b) shall terminate when the
Secretary of State submits a certification pursuant to
subsection (b)(1).
(d) GAO Review of Certification.--If the Secretary of State
submits a certification pursuant to subsection (b)(1), not
later than 30 days after the submission of such
certification, the Comptroller General shall submit to the
relevant congressional committees a report on whether the
recommendations described in subsection (b) have been
implemented and whether the policy goals described in
subsection (b) have been achieved.
(e) Relevant Congressional Committees Defined.--In this
section, the term ``relevant congressional committees''
means--
(1) the Committee on International Relations and the
Committee on Government Reform of the House of
Representatives; and
(2) the Committee on Foreign Relations and the Committee on
Homeland Security and Governmental Affairs of the Senate.
SEC. 304. ELIMINATION OF TERRORIST SANCTUARIES.
(a) National Counterterrorism Center Identification of
Terrorist Sanctuaries.--Subsection (d) of section 119 of
National Security Act of 1947 (50 U.S.C. 404o) is amended by
adding at the end the following new paragraph:
``(7) To identify each country whose territory is being
used as a sanctuary for terrorists or terrorist organizations
and each country whose territory may potentially be used as a
sanctuary for terrorists or terrorist organizations and to
develop a comprehensive strategy to eliminate terrorist
sanctuaries.''.
(b) Report.--Such section is further amended by adding at
the end the following new subsection:
``(k) Report on Terrorist Sanctuaries.--Not later than 90
days after the date of the enactment of this Act, and
annually thereafter, the Director of the National
Counterterrorism Center shall submit to the Committee on
International Relations, the Permanent Select Committee on
Intelligence, the Committee on Homeland Security, and the
Committee on Government Reform of the House of
Representatives and the Committee on Foreign Relations, the
Select Committee on Intelligence, and the Committee on
Homeland Security and Governmental Affairs of the Senate a
report on terrorist sanctuaries, including a description of
the--
``(1) countries whose territory is being used as a
sanctuary for terrorists or terrorist organizations;
``(2) countries whose territory may potentially be used as
a sanctuary for terrorists or terrorist organizations;
``(3) strategy to eliminate each such sanctuary; and
``(4) progress that has been made in accomplishing such
strategy.''.
SEC. 305. COMPREHENSIVE COALITION STRATEGY AGAINST ISLAMIST
TERRORISM.
(a) Sense of Congress.--It is the sense of Congress that
the United States--
(1) should continue to engage other countries in developing
a comprehensive coalition strategy against Islamist
terrorism; and
(2) should use a broader approach to target the roots of
terrorism, including developing strategies with other
countries to encourage reform efforts in Saudi Arabia and
Pakistan, improving educational and economic opportunities in
Muslim countries, identifying and eliminating terrorist
sanctuaries, and making progress in the Arab-Israeli peace
process.
(b) Report; Certification.--Not later than 30 days after
the date of the enactment of this Act, and every 30 days
thereafter, the Secretary of State shall submit to the
relevant congressional committees a report on the
recommendations of the 9/11 Commission and the policy goals
of section 7117 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (Public Law 108-458) for engaging
other countries in developing a comprehensive coalition
strategy for combating terrorism. Such report shall include--
(1) a certification by the Secretary of State that such
recommendations have been implemented and such policy goals
have been achieved; or
(2) if the Secretary of State is unable to make the
certification described in paragraph (1), a description of--
(A) the steps taken to implement such recommendations and
achieve such policy goals;
(B) when the Secretary of State expects such
recommendations to be implemented and such policy goals to be
achieved; and
(C) any allocation of resources or other actions by
Congress the Secretary of State considers necessary to
implement such recommendations and achieve such policy goals.
(c) Termination of Duty to Report.--The duty to submit a
report under subsection (b) shall terminate when the
Secretary of State submits a certification pursuant to
subsection (b)(1).
(d) GAO Review of Certification.--If the Secretary of State
submits a certification pursuant to subsection (b)(1), not
later than 30 days after the submission of such
certification, the Comptroller General shall submit to the
relevant congressional committees a report on whether the
recommendations described in subsection (b) have been
implemented and whether the policy goals described in
subsection (b) have been achieved.
(e) Relevant Congressional Committees Defined.--In this
section, the term ``relevant congressional committees''
means--
(1) the Committee on International Relations and the
Committee on Government Reform of the House of
Representatives; and
(2) the Committee on Foreign Relations and the Committee on
Homeland Security and Governmental Affairs of the Senate.
SEC. 306. STANDARDS FOR THE DETENTION AND HUMANE TREATMENT OF
CAPTURED TERRORISTS.
(a) Report; Certification.--Not later than 30 days after
the date of the enactment of this Act, and every 30 days
thereafter, the Secretary of State, in consultation with the
Attorney General, shall submit to the relevant congressional
committees a report on the recommendations of the 9/11
Commission for engaging United States allies to develop a
common coalition approach toward the detention and humane
treatment of captured terrorists and the policy goals of
sections 1002, 1003, and 1005 of the Department of Defense,
Emergency Supplemental Appropriations to Address Hurricanes
in the Gulf of Mexico, and Pandemic Influenza Act, 2006
(Public Law 109-148). Such report shall include--
(1) a certification by the Secretary of State that such
recommendations have been implemented and such policy goals
have been achieved; or
(2) if the Secretary of State is unable to make the
certification described in paragraph (1), a description of--
(A) the steps taken to implement such recommendations and
achieve such policy goals;
(B) when the Secretary of State expects such
recommendations to be implemented and such policy goals to be
achieved; and
(C) any allocation of resources or other actions by
Congress the Secretary of State considers necessary to
implement such recommendations and achieve such policy goals.
(b) Termination of Duty to Report.--The duty to submit a
report under subsection (a) shall terminate when the
Secretary of State submits a certification pursuant to
subsection (a)(1).
(c) GAO Review of Certification.--If the Secretary of State
submits a certification pursuant to subsection (a)(1), not
later than 30 days after the submission of such
certification, the Comptroller General shall submit to the
relevant congressional committees a report on whether the
recommendations described in subsection (a) have been
implemented and whether the policy goals described in
subsection (a) have been achieved.
(d) Relevant Congressional Committees Defined.--In this
section, the term ``relevant congressional committees''
means--
(1) the Committee on International Relations, the Committee
on Armed Services, and the Committee on Government Reform of
the House of Representatives; and
(2) the Committee on Foreign Relations, the Committee on
Armed Services, and the Committee on Homeland Security and
Governmental Affairs of the Senate.
SEC. 307. USE OF ECONOMIC POLICIES TO COMBAT TERRORISM.
(a) Report; Certification.--Not later than 90 days after
the date of the enactment of this Act, and every 90 days
thereafter, the Secretary of State, in consultation with the
United States Trade Representative, shall submit to the
relevant congressional committees a report on the
recommendations of the 9/11 Commission and the policy goals
of section 7115 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (Public Law 108-458) for developing
economic policies to combat terrorism. Such report shall
include--
(1) a certification by the Secretary of State that such
recommendations have been implemented and such policy goals
have been achieved, including a description of the extent to
which the policy goals of paragraphs (1) through (4) of
section 7115(b) of the Intelligence Reform and Terrorism
Prevention Act of 2004 have been achieved; or
(2) if the Secretary of State is unable to make the
certification described in paragraph (1), a description of--
(A) the steps taken to implement such recommendations and
achieve such policy goals;
[[Page S9152]]
(B) when the Secretary of State expects such
recommendations to be implemented and such policy goals to be
achieved; and
(C) any allocation of resources or other actions by
Congress the Secretary of State considers necessary to
implement such recommendations and achieve such policy goals.
(b) Termination of Duty to Report.--The duty to submit a
report under subsection (a) shall terminate when the
Secretary of State submits a certification pursuant to
subsection (a)(1).
(c) GAO Review of Certification.--If the Secretary of State
submits a certification pursuant to subsection (a)(1), not
later than 30 days after the submission of such
certification, the Comptroller General shall submit to the
relevant congressional committees a report on whether the
recommendations described in subsection (a) have been
implemented and whether the policy goals described in
subsection (a) have been achieved.
(d) Relevant Congressional Committees Defined.--In this
section, the term ``relevant congressional committees''
means--
(1) the Committee on International Relations and the
Committee on Government Reform of the House of
Representatives; and
(2) the Committee on Foreign Relations and the Committee on
Homeland Security and Governmental Affairs of the Senate.
SEC. 308. ACTIONS TO ENSURE VIGOROUS EFFORTS AGAINST
TERRORIST FINANCING.
(a) Findings.--Congress makes the following findings:
(1) Financial institutions have too little information
about money laundering and terrorist financing compliance in
other markets.
(2) The current Financial Action Task Force designation
system does not adequately represent the progress countries
are making in combatting money laundering.
(3) Lack of information about the compliance of countries
with anti-money laundering standards exposes United States
financial markets to excessive risk.
(4) Failure to designate countries that fail to make
progress in combatting terrorist financing and money
laundering eliminates incentives for internal reform.
(5) The Secretary of the Treasury has an affirmative duty
to provide to financial institutions and examiners the best
possible information on compliance with anti-money laundering
and terrorist financing initiatives in other markets.
(b) Report.--Not later than March 1 each year, the
Secretary of the Treasury shall submit to the relevant
congressional committees a report that identifies the
applicable standards of each country against money laundering
and states whether that country is a country of primary money
laundering concern under section 5318A of title 31, United
States Code. The report shall include--
(1) information on the effectiveness of each country in
meeting its standards against money laundering;
(2) a determination of whether that the efforts of that
country to combat money laundering and terrorist financing
are adequate, improving, or inadequate; and
(3) the efforts made by the Secretary to provide to the
government of each such country of concern technical
assistance to cease the activities that were the basis for
the determination that the country was of primary money
laundering concern.
(c) Dissemination of Information in Report.--The Secretary
of the Treasury shall make available to the Federal Financial
Institutions Examination Council for incorporation into the
examination process, in consultation with Federal banking
agencies, and to financial institutions the information
contained in the report submitted under subsection (b). Such
information shall be made available to financial institutions
without cost.
(d) Definitions.--In this section:
(1) Financial institution.--The term ``financial
institution'' has the meaning given that term in section
5312(a)(2) of title 31, United States Code.
(2) Relevant congressional committees.--The term ``relevant
congressional committees'' means--
(A) the Committee on Financial Services, the Committee on
Government Reform, and the Committee on the Judiciary of the
House of Representatives; and
(B) the Committee on Banking, Housing, and Urban Affairs,
the Committee on Homeland Security and Governmental Affairs,
and the Committee on the Judiciary of the Senate.
Subtitle B--Public Diplomacy
SEC. 311. PUBLIC DIPLOMACY RESPONSIBILITIES OF THE DEPARTMENT
OF STATE AND PUBLIC DIPLOMACY TRAINING OF
MEMBERS OF THE FOREIGN SERVICE.
(a) Report; Certification.--Not later than 30 days after
the date of the enactment of this Act, and every 30 days
thereafter, the Secretary of State shall submit to the
relevant congressional committees a report on the
recommendations of the 9/11 Commission and the policy goals
of sections 7109 and 7110 the Intelligence Reform and
Terrorism Prevention Act of 2004 (Public Law 108-458), and
the amendments made by such sections, regarding the public
diplomacy responsibilities of the Department of State and
public diplomacy training of members of the Foreign Service.
Such report shall include--
(1) a certification by the Secretary of State that such
recommendations have been implemented and such policy goals
have been achieved; or
(2) if the Secretary of State is unable to make the
certification described in paragraph (1), a description of--
(A) the steps taken to implement such recommendations and
achieve such policy goals;
(B) when the Secretary of State expects such
recommendations to be implemented and such policy goals to be
achieved; and
(C) any allocation of resources or other actions by
Congress the Secretary of State considers necessary to
implement such recommendations and achieve such policy goals.
(b) Termination of Duty to Report.--The duty to submit a
report under subsection (a) shall terminate when the
Secretary of State submits a certification pursuant to
subsection (a)(1).
(c) GAO Review of Certification.--If the Secretary of State
submits a certification pursuant to subsection (a)(1), not
later than 30 days after the submission of such
certification, the Comptroller General shall submit to the
relevant congressional committees a report on whether the
recommendations described in subsection (a) have been
implemented and whether the policy goals described in
subsection (a) have been achieved.
(d) Relevant Congressional Committees Defined.--In this
section, the term ``relevant congressional committees''
means--
(1) the Committee on International Relations and the
Committee on Government Reform of the House of
Representatives; and
(2) the Committee on Foreign Relations and the Committee on
Homeland Security and Governmental Affairs of the Senate.
SEC. 312. INTERNATIONAL BROADCASTING.
(a) Report.--Not later than 90 days after the date of the
enactment of this Act, the Broadcasting Board of Governors
shall submit to the relevant congressional committees a
report on--
(1) the activities of Radio Sawa and Radio Al-Hurra; and
(2) the extent to which the activities of Radio Sawa and
Radio Al-Hurra have been successful, including an analysis of
impact of the activities on the audience and audience
demographics and whether or not funding is adequate to carry
out the activities.
(b) Relevant Congressional Committees Defined.--In this
section, the term ``relevant congressional committees''
means--
(1) the Committee on International Relations and the
Committee on Government Reform of the House of
Representatives; and
(2) the Committee on Foreign Relations and the Committee on
Homeland Security and Governmental Affairs of the Senate.
SEC. 313. EXPANSION OF UNITED STATES SCHOLARSHIP, EXCHANGE,
AND LIBRARY PROGRAMS IN THE ISLAMIC WORLD.
(a) Report; Certification.--Not later than 30 days after
the date of the enactment of this Act, and every 30 days
thereafter, the Secretary of State shall submit to the
relevant congressional committees a report on the
recommendations of the 9/11 Commission and the policy goals
of sections 7112 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (Public Law 108-458) for expanding
United States scholarship, exchange, and library programs in
the Islamic world. Such report shall include--
(1) a certification by the Secretary of State that such
recommendations have been implemented and such policy goals
have been achieved; or
(2) if the Secretary of State is unable to make the
certification described in paragraph (1), a description of--
(A) the steps taken to implement such recommendations and
achieve such policy goals;
(B) when the Secretary of State expects such
recommendations to be implemented and such policy goals to be
achieved; and
(C) any allocation of resources or other actions by
Congress the Secretary of State considers necessary to
implement such recommendations and achieve such policy goals.
(b) Termination of Duty to Report.--The duty to submit a
report under subsection (a) shall terminate when the
Secretary of State submits a certification pursuant to
subsection (a)(1).
(c) GAO Review of Certification.--If the Secretary of State
submits a certification pursuant to subsection (a)(1), not
later than 30 days after the submission of such
certification, the Comptroller General shall submit to the
relevant congressional committees a report on whether the
recommendations described in subsection (a) have been
implemented and whether the policy goals described in
subsection (a) have been achieved.
(d) Relevant Congressional Committees Defined.--In this
section, the term ``relevant congressional committees''
means--
(1) the Committee on International Relations and the
Committee on Government Reform of the House of
Representatives; and
(2) the Committee on Foreign Relations and the Committee on
Homeland Security and Governmental Affairs of the Senate.
SEC. 314. INTERNATIONAL YOUTH OPPORTUNITY FUND.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Middle East Partnership Initiative (MEPI) and the
United States Agency for International Development should be
commended for initiating programs in predominantly Muslim
countries to support secular education improvements and the
teaching of English, including programs that focus on the
education of women;
[[Page S9153]]
(2) the secular education programs of MEPI and the United
States Agency for International Development are a
constructive start to answering the challenge of secular
education in predominantly Muslim countries;
(3) the secular education programs of MEPI and the United
States Agency for International Development should be
components of an overall strategy for educational
assistance--itself one component of an overall United States
strategy for counterterrorism--targeted where the need and
the benefit to the national security of the United States are
greatest; and
(4) upon formation of a broader strategy for international
educational assistance targeted toward the Middle East, a
significant increase in funding for these initiatives should
be provided.
(b) International Youth Opportunity Fund.--There are
authorized to be appropriated to the Secretary of State
$50,000,000 for each of fiscal years 2007 and 2008 to support
the establishment of an International Youth Opportunity Fund
pursuant to section 7114 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (Public Law 108-458).
Subtitle C--Nonproliferation
SEC. 321. SHORT TITLE.
This subtitle may be cited as the ``Omnibus
Nonproliferation and Anti-Nuclear Terrorism Act of 2006''.
SEC. 322. FINDINGS.
Congress makes the following findings:
(1) Loose nuclear weapons and materials in the former
soviet union.--
(A) There are in the world today enormous stockpiles of
nuclear weapons and the materials required to make them.
Counting materials both in assembled warheads and in other
forms, worldwide totals are estimated to encompass some 1,900
tons of highly enriched uranium (enough for 143,000 nuclear
weapons) and 1,855 tons of plutonium (enough for 330,000
nuclear weapons).
(B) The Russian Federation alone is estimated to have over
1,000 tons of highly enriched uranium (enough for over 80,000
nuclear weapons) and 140 tons of plutonium (enough for over
30,000 nuclear weapons).
(C) The United States has been working for over a decade to
eliminate stockpiles of loose nuclear weapons and materials
in the former Soviet Union, but the Department of Energy
acknowledges that there is still a need to properly secure
about 460 tons of weapons-usable Russian nuclear material
(outside of warheads), enough for more than 35,000 nuclear
weapons.
(D) A recent report by the Central Intelligence Agency
faulted the security of nuclear arsenal facilities in the
Russian Federation and assessed that ``undetected smuggling
has occurred.''
(E) There are at least 18 documented incidents of
``proliferation significant'' fissile material trafficking
from facilities in the former Soviet Union between 1991 and
2001. In one incident in 1998, an inside conspiracy at a
Russian nuclear weapons facility attempted to steal 18.5
kilograms of highly enriched uranium. In another incident, 2
kilograms of highly enriched uranium taken from a research
facility in Sukhumi, Georgia, has never been recovered.
(F) In May 1994, German police found a small but worrisome
quantity of supergrade plutonium in the garage of Adolf
Jackle. Extremely expensive to produce, this rare item was
likely stolen from one of Russia's two premier nuclear
weapons laboratories.
(G) Comprehensive security upgrades are not yet completed
at 90 percent of Russian nuclear warhead bunkers for Russia's
Strategic Rocket Forces.
(H) Border security in the former Soviet Union is
inconsistent at best. Existing infrastructure helps at the
outer borders of the former Soviet Union but many borders
internal to the former Soviet Union, such as the border
between Kazakhstan and the Russian Federation, exist only on
a map.
(2) Loose nuclear materials around the globe.--
(A) Dangerous caches of weapons-usable nuclear materials,
much of it poorly secured and vulnerable to theft, exist in a
multitude of facilities around the world. For example, there
are over 130 research reactors in over 40 countries that
house highly enriched uranium, some with enough to
manufacture an atomic bomb. In total, about 40 tons of highly
enriched uranium, enough for over 1,000 nuclear weapons, is
estimated to remain in civilian research reactors.
(B) Over the last 50 years, the United States is known to
have exported about 27.5 tons of highly enriched uranium to
43 countries to help develop nuclear power production or
bolster scientific initiatives. In 1996, the United States
began an effort to recover the more than 17.5 tons of the
nuclear material that was still overseas, but has recovered
only about 1 ton, according to the Department of Energy and
the Government Accountability Office.
(C) It is especially important to keep highly enriched
uranium out of terrorists' hands because, with minimal
expertise, they could use it to make the simplest, gun-type
nuclear weapon--a device in which a high explosive is used to
blow one subcritical piece of highly enriched uranium from
one end of a tube into another subcritical piece held at the
opposite end of the tube.
(D) To Osama bin Laden, acquiring weapons of mass
destruction is a ``religious duty''. Al Qaeda and more than
two dozen other terrorist groups are pursuing capability to
use weapons of mass destruction.
(E) Osama bin Laden's press spokesman, Sulaiman Abu Ghaith,
has announced that the group aspires ``to kill 4 million
Americans, including 1 million children,'' in response to
casualties supposedly inflicted on Muslims by the United
States and Israel.
(F) Al Qaeda documents recovered in Afghanistan reveal a
determined research effort focused on nuclear weapons.
(3) Security standards for all nuclear weapons and
materials.--
(A) There are no international binding standards for the
secure handling and storage of nuclear weapons and materials.
(B) Making a nuclear weapon requires only 4 to 5 kilograms
of plutonium or 12 to 15 kilograms of highly enriched
uranium.
(C) In October 2001, the United States Government became
very concerned that Al Qaeda may have smuggled a 10-kiloton
Russian nuclear warhead into New York City. If placed in
lower Manhattan, such a device would probably kill 100,000
people instantly, seriously injure tens of thousands more,
and render the entire area uninhabitable for decades to come.
(4) Russia's nuclear expertise.--
(A) Employment at the large nuclear facilities in the
Russian Federation's 10 closed nuclear cities is estimated to
be in the range of 120,000 to 130,000 people, of whom
approximately 75,000 were employed on nuclear weapons-related
work.
(B) Poor wages and living conditions in Russian ``nuclear
cities'' have inspired protests and strikes among the
employees working in them.
(C) Insiders have been caught attempting to smuggle nuclear
materials out of these facilities, presumably to sell on the
lucrative black market.
SEC. 323. ESTABLISHMENT OF OFFICE OF NONPROLIFERATION
PROGRAMS IN THE EXECUTIVE OFFICE OF THE
PRESIDENT.
(a) Establishment.--There is established in the Executive
Office of the President an Office of Nonproliferation
Programs (in this section referred to as the ``Office'').
(b) Director; Associate Directors.--There shall be at the
head of the Office a Director who shall be appointed by the
President, by and with the advice and consent of the Senate,
and who shall be compensated at the rate provided for level
II of the Executive Schedule in section 5313 of title 5,
United States Code. The President is authorized to appoint
not more than four Associate Directors, by and with the
advice and consent of the Senate, who shall be compensated at
a rate not to exceed that provided for level III of the
Executive Schedule in section 5314 of such title. Associate
Directors shall perform such functions as the Director may
prescribe.
(c) Primary Functions of Director.--
(1) In general.--The primary function of the Director is to
coordinate and lead--
(A) efforts by the United States to curb terrorist access
to nuclear technology, materials, or expertise; and
(B) other United States nonproliferation activities,
including nuclear nonproliferation activities and activities
to counter other weapons of mass destruction.
(2) Specific functions.--In addition to such other
functions and activities as the President may assign, the
Director shall--
(A) advise the President, and others within the Executive
Office of the President, on the role and effect of such
nonproliferation activities on national security and
international relations;
(B) lead the development and implementation of a plan
(including appropriate budgets, other resources, goals, and
metrics for assessing progress) to ensure that all the
highest-priority actions to prevent terrorists from getting
and using nuclear weapons are taken in the shortest possible
time, including but not limited to a fast-paced global effort
to ensure that every nuclear warhead and every kilogram of
weapons-usable nuclear material worldwide is secured and
accounted for, to standards sufficient to defeat demonstrated
terrorist and criminal threats, as rapidly as that objective
can be accomplished;
(C) identify obstacles to accelerating and strengthening
efforts to prevent terrorists from getting and using nuclear
weapons, and raise approaches to overcoming these obstacles
for action by the President or other appropriate officials;
(D) lead an effort, to be carried out jointly by the
various Federal agencies responsible for carrying out such
nonproliferation activities, to establish priorities among
those activities and to develop and implement strategies and
budgets that reflect those priorities;
(E) build strong partnerships with respect to such
nonproliferation activities among Federal, State, and local
governments, foreign governments, international
organizations, and nongovernmental organizations; and
(F) evaluate the scale, quality, and effectiveness of the
Federal effort with respect to such nonproliferation
activities and advise on appropriate actions.
SEC. 324. REMOVAL OF RESTRICTIONS ON COOPERATIVE THREAT
REDUCTION PROGRAMS.
(a) Repeal of Restrictions.--
(1) Restrictions on assistance in destroying former soviet
weapons.--Section 211(b) of the Soviet Nuclear Threat
Reduction Act of 1991 (22 U.S.C. 2551 note) is repealed.
[[Page S9154]]
(2) Restrictions on authority to carry out ctr programs.--
Section 1203(d) of the Cooperative Threat Reduction Act of
1993 (title XII of Public Law 103-160; 22 U.S.C. 5952(d)) is
repealed.
(3) Limitation on use of funds for chemical weapons
destruction.--Section 1305 of the National Defense
Authorization Act for Fiscal Year 2000 (22 U.S.C. 5952 note)
is repealed.
(b) Exemption From Limitations.--Cooperative Threat
Reduction programs may be carried out notwithstanding any
other provision of law, subject to congressional notification
and reporting requirements that apply to the use of funds
available for Cooperative Threat Reduction programs or the
carrying out of projects or activities under such programs.
(c) Inapplicability of Other Restrictions.--Section 502 of
the Freedom for Russia and Emerging Eurasian Democracies and
Open Markets Support Act of 1992 (22 U.S.C. 5852) shall not
apply to any Cooperative Threat Reduction program.
SEC. 325. REMOVAL OF RESTRICTIONS ON DEPARTMENT OF ENERGY
NONPROLIFERATION PROGRAMS.
Section 4301 of the Atomic Energy Defense Act (50 U.S.C.
2561) is repealed.
SEC. 326. MODIFICATIONS OF AUTHORITY TO USE COOPERATIVE
THREAT REDUCTION PROGRAM FUNDS OUTSIDE THE
FORMER SOVIET UNION.
Section 1308 of the National Defense Authorization Act for
Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1662; 22
U.S.C. 5963) is amended--
(1) by striking ``President'' each place it appears and
inserting ``Secretary of Defense'';
(2) in subsection (a), by striking ``each of the
following'' and all that follows through the period at the
end and inserting the following: ``that such project or
activity will--
``(1) assist the United States in the resolution of a
critical emerging proliferation threat; or
``(2) permit the United States to take advantage of
opportunities to achieve long-standing nonproliferation
goals.'';
(3) by striking subsections (c) and (d); and
(4) by redesignating subsection (e) as subsection (c).
SEC. 327. MODIFICATIONS OF AUTHORITY TO USE INTERNATIONAL
NUCLEAR MATERIALS PROTECTION AND COOPERATION
PROGRAM FUNDS OUTSIDE THE FORMER SOVIET UNION.
Section 3124 of the National Defense Authorization Act for
Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1747) is
amended--
(1) by striking ``President'' each place it appears and
inserting ``Secretary of Energy'';
(2) in subsection (a), by striking ``each of the
following'' and all that follows through the period at the
end and inserting the following: ``that such project or
activity will--
``(1) assist the United States in the resolution of a
critical emerging proliferation threat; or
``(2) permit the United States to take advantage of
opportunities to achieve long-standing nonproliferation
goals.'';
(3) by striking subsections (c) and (d); and
(4) by redesignating subsection (e) as subsection (c).
SEC. 328. SPECIAL REPORTS ON ADHERENCE TO ARMS CONTROL
AGREEMENTS AND NONPROLIFERATION COMMITMENTS.
(a) Reports Required.--At least annually, the Secretary of
State shall submit to the appropriate congressional
committees a report on each country in which a Cooperative
Threat Reduction program is being carried out. The report
shall describe that country's commitments to--
(1) making substantial national investments in
infrastructure to secure, safeguard, and destroy weapons of
mass destruction;
(2) forgoing any military modernization exceeding
legitimate defense requirements, including replacement of
weapons of mass destruction;
(3) forgoing any use of fissionable materials or any other
components of deactivated nuclear weapons in a new nuclear
weapons program;
(4) complying with all relevant arms control agreements;
(5) adopting and enforcing national and international
export controls over munitions and dual-use items; and
(6) facilitating the verification by the United States and
international community of that country's compliance with
such commitments.
(b) Form.--The report required under subsection (a) may be
submitted with the report required under section 403 of the
Arms Control and Disarmament Act (22 U.S.C. 2593a).
SEC. 329. PRESIDENTIAL REPORT ON IMPEDIMENTS TO CERTAIN
NONPROLIFERATION ACTIVITIES.
Not later than 90 days after the date of the enactment of
this Act, the President shall submit to the appropriate
congressional committees a report identifying impediments
(including liability concerns, taxation issues, access
rights, and other impediments) to--
(1) the ongoing renegotiation of the umbrella agreement
relating to Cooperative Threat Reduction; and
(2) the ongoing negotiations for the implementation of the
Plutonium Disposition Program, the Nuclear Cities Initiative,
and other defense nuclear nonproliferation programs.
SEC. 330. ENHANCEMENT OF GLOBAL THREAT REDUCTION INITIATIVE.
Section 3132 of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375;
118 Stat. 2166; 50 U.S.C. 2569) is amended--
(1) in subsection (b)--
(A) in the subsection heading, by striking ``Program
Authorized'' and inserting ``Program Required''; and
(B) by striking ``The Secretary of Energy may'' and
inserting ``The President, acting through the Secretary of
Energy, shall''; and
(2) in subsection (c)(1), by adding at the end the
following new subparagraph:
``(N) Take such other actions as may be necessary to
effectively implement the Global Threat Reduction
Initiative.''.
SEC. 331. EXPANSION OF PROLIFERATION SECURITY INITIATIVE.
(a) Sense of Congress Relating to Proliferation Security
Initiative.--It is the sense of Congress that--
(1) the President should strive to expand and strengthen
the Proliferation Security Initiative announced by the
President on May 31, 2003, placing particular emphasis on
including countries outside of NATO; and
(2) the United States should engage the United Nations to
develop a Security Council Resolution to authorize the
Proliferation Security Initiative under international law,
including by providing legal authority to stop shipments of
weapons of mass destruction, their delivery systems, and
related materials.
(b) Authorization of Appropriations Relating to
Proliferation Security Initiative.--There are authorized to
be appropriated for fiscal year 2007, $50,000,000 to conduct
joint training exercises regarding interdiction of weapons of
mass destruction under the Proliferation Security Initiative.
Particular emphasis should be given to allocating funds from
such amount--
(1) to invite other countries that do not participate in
the Proliferation Security Initiative to observe the joint
training exercises; and
(2) to conduct training exercises with countries that
openly join the Proliferation Security Initiative after the
date of the enactment of this Act.
SEC. 332. SENSE OF CONGRESS RELATING TO INTERNATIONAL
SECURITY STANDARDS FOR NUCLEAR WEAPONS AND
MATERIALS.
It is the sense of Congress that the President should seek
to devise and implement standards to improve the security of
nuclear weapons and materials by--
(1) establishing with other willing nations a set of
performance-based standards for the security of nuclear
weapons and weapons;
(2) negotiating with those nations an agreement to adopt
the standards and implement appropriate verification measures
to assure ongoing compliance; and
(3) coordinating with those nations and the International
Atomic Energy Agency to strongly encourage other states to
adopt and verifiably implement the standards.
SEC. 333. AUTHORIZATION OF APPROPRIATIONS RELATING TO
INVENTORY OF RUSSIAN TACTICAL NUCLEAR WARHEADS
AND DATA EXCHANGES.
In addition to any other amounts authorized to be
appropriated for such purposes, there are authorized to be
appropriated to the Administrator for Nuclear Security for
fiscal year 2007, $5,000,000 for assistance to Russia to
facilitate the conduct of a comprehensive inventory of the
stockpile of Russia of--
(1) non-strategic nuclear weapons; and
(2) nuclear weapons, whether strategic or non-strategic,
that are not secured by PALs or other electronic means.
SEC. 334. REPORT ON ACCOUNTING FOR AND SECURING OF RUSSIA'S
NON-STRATEGIC NUCLEAR WEAPONS.
Not later than 120 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to the
appropriate congressional committees a report on Russia's
non-strategic nuclear weapons. The report shall--
(1) detail past and current efforts of the United States to
encourage a proper accounting for and securing of Russia's
non-strategic nuclear weapons and Russia's nuclear weapons,
whether strategic or non-strategic, that are not secured by
PALs or other electronic means;
(2) detail the actions that are most likely to lead to
progress in improving the accounting for and securing or
dismantlement of such weapons; and
(3) detail the feasibility of enhancing the national
security of the United States by developing increased
transparency between the United States and Russia with
respect to the numbers, locations, and descriptions of such
weapons and of the corresponding weapons of the United
States.
SEC. 335. RESEARCH AND DEVELOPMENT INVOLVING ALTERNATIVE USE
OF WEAPONS OF MASS DESTRUCTION EXPERTISE.
(a) Authority to Use Funds.--Notwithstanding any other
provision of law and subject to subsection (c), any funds
available to a department or agency of the Federal Government
may be used to conduct non-defense research and development
in Russia and the states of the former Soviet Union on
technologies specified in subsection (b) utilizing scientists
in Russia and the states of the former Soviet Union who have
expertise in--
(1) nuclear weapons; or
(2) chemical or biological weapons, but only if such
scientists no longer engage, or have never engaged, in
activities supporting
[[Page S9155]]
prohibited chemical or biological capabilities.
(b) Technologies.--The technologies specified in this
subsection are technologies on the following:
(1) Environmental restoration and monitoring.
(2) Proliferation detection.
(3) Health and medicine, including research.
(4) Energy.
(c) Limitation.--Funds may not be used under subsection (a)
for research and development if the Secretary of State, in
consultation with the Secretary of Defense and the Secretary
of Energy, determines that such research and development
will--
(1) pose a threat to the security interests of the United
States; or
(2) further materially any defense technology.
(d) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the Department of State $20,000,000 for fiscal year 2007 for
the following purposes:
(A) To make determinations under subsection (c).
(B) To defray any increase in costs incurred by the
Department of State, or any other department or agency of the
Federal Government, for research and development, or
demonstration, as a result of research and development
conducted under this section.
(2) Availability.--(A) Amounts authorized to be
appropriated by paragraph (1) are authorized to remain
available until expended.
(B) Any amount transferred to a department or agency of the
Federal Government pursuant to paragraph (1)(B) shall be
merged with amounts available to such department or agency to
cover costs concerned, and shall be available for the same
purposes, and for the same period, as amounts with which
merged.
SEC. 336. STRENGTHENING THE NUCLEAR NONPROLIFERATION TREATY.
(a) Findings.--Congress makes the following findings:
(1) Article IV of the Treaty on the Non-Proliferation of
Nuclear Weapons (commonly referred to as the Nuclear
Nonproliferation Treaty or NPT) (21 UST 483) states that
countries that are parties to the treaty have the
``inalienable right . . . to develop research, production and
use of nuclear energy for peaceful purposes without
discrimination and in conformity with articles I and II of
this treaty.''.
(2) The rights outlined under article IV include all fuel
cycle activities, despite the fact that uranium enrichment
and plutonium production potentially put a country in a
position to produce weapons usable material.
(3) David Bergmann, former chairman of the Israeli Atomic
Energy Commission, stated: ``. . . by developing atomic
energy for peaceful uses, you reach the nuclear weapon
option. There are not two atomic energies''.
(4) The wording of article IV has made it possible for
countries that are parties to the NPT treaty to use peaceful
nuclear programs as a cover for weapons programs. In
particular, the misuse by North Korea and Iran of these
provisions threatens to undercut the viability of the nuclear
nonproliferation regime and the entire system of
international nuclear commerce.
(5) If the international community fails to devise
effective measures to deal with the ``loophole'' in article
IV, then there is a great likelihood that the ranks of
countries possessing nuclear weapons will increase markedly
in the next decade.
(b) Presidential Report on Control of Nuclear Fuel Cycle
Technologies and Material.--Not later than 90 days after the
date of the enactment of this Act, the President shall submit
to the appropriate congressional committees a report
identifying ways to more effectively control nuclear fuel
cycle technologies and material, including ways that the
United States can mobilize the international community to
close the ``loophole'' of article IV of the NPT, without
undermining the treaty itself.
SEC. 337. DEFINITIONS.
In this subtitle:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on International Relations, the Committee
on Armed Services, the Committee on Homeland Security, and
the Committee on Appropriations of the House of
Representatives; and
(B) the Committee on Foreign Relations, the Committee on
Armed Services, the Committee on Homeland Security and
Governmental Affairs, and the Committee on Appropriations of
the Senate.
(2) Cooperative threat reduction programs.--The term
``Cooperative Threat Reduction programs'' means programs and
activities specified in section 1501(b) of the National
Defense Authorization Act for Fiscal Year 1997 (Public Law
104-201; 110 Stat. 2731; 50 U.S.C. 2362 note).
DIVISION B--COMBATTING TERRORISM
SEC. 1001. SHORT TITLE.
This division may be cited as the ``Targeting Terrorists
More Effectively Act of 2006''.
TITLE XI--EFFECTIVELY TARGETING TERRORISTS
SEC. 1101. SENSE OF CONGRESS ON SPECIAL OPERATIONS FORCES AND
RELATED MATTERS.
It is the sense of Congress that--
(1) the number of active-duty Army Special Forces-qualified
personnel should be increased during the four years after the
date of the enactment of this Act so that on the date that is
four years after the date of such enactment such number is
9,290;
(2) an additional 16 Predator aircraft should be acquired
for the Air Force Special Operations Command by the end of
fiscal year 2008;
(3) an additional Special Operations squadron should be
established not later than fiscal year 2009; and
(4) the increase in the number of regular and reserve
component personnel who are assigned civil affairs duty
should be accelerated.
SEC. 1102. FOREIGN LANGUAGE EXPERTISE.
(a) Findings.--Congress makes the following findings:
(1) Success in the global war on terrorism will require a
dramatic increase in institutional and personal expertise in
the languages and cultures of the societies where terrorism
has taken root, including a substantial increase in the
number of national security personnel who obtain expert
lingual training.
(2) The National Commission on Terrorist Attacks Upon the
United States identified the countries in the Middle East,
South Asia, Southeast Asia, and West Africa as countries that
serve or could serve as terrorist havens.
(3) Although 22 countries have Arabic as their official
language, the National Commission on Terrorist Attacks Upon
the United States found that a total of only 6 undergraduate
degrees for the study of Arabic were granted by United States
colleges and universities in 2002.
(4) The report of the National Commission on Terrorist
Attacks Upon the United States contained several criticisms
of the lack of linguistic expertise in the Central
Intelligence Agency and the Federal Bureau of Investigation
prior to the September 11, 2001 terrorist attacks, and called
for the Central Intelligence Agency to ``develop a stronger
language program, with high standards and sufficient
financial incentives''.
(5) An audit conducted by the Department of Justice in July
2004, revealed that the Federal Bureau of Investigation has a
backlog of hundreds of thousands of untranslated audio
recordings from terror and espionage investigations.
(6) The National Security Education Program Trust Fund,
which funds critical grant and scholarship programs for
linguistic training in regions critical to national security,
will have exhausted all its funding by fiscal year 2006,
unless additional appropriations are made to the Trust Fund.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the overwhelming majority of Muslims reject terrorism
and a small, radical minority has grossly distorted the
teachings of one of the world's great faiths to seek
justification for acts of terrorism, such radical Islamic
fundamentalism constitutes a primary threat to the national
security interests of the United States, and an effective
strategy for combating terrorism should include increasing
the number of personnel throughout the Federal Government
with expertise in languages spoken in predominately Muslim
countries and in the culture of such countries;
(2) Muslim-Americans constitute an integral and cherished
part of the fabric of American society and possess many
talents, including linguistic, historic, and cultural
expertise that should be harnessed in the war against
radical, fundamentalist terror; and
(3) amounts appropriated for the National Flagship Language
Initiative pursuant to the amendments made by subsection
(e)(2) should be used to support the establishment,
operation, and improvement of programs for the study of
Arabic, Persian, and other Middle Eastern, South Asian,
Southeast Asian, and West African languages in institutes of
higher education in the United States.
(c) Authorization of Appropriations.--
(1) National security education trust fund.--Section 810 of
the David L. Boren National Security Education Act of 1991
(50 U.S.C. 1910) is amended by adding at the end the
following:
``(d) Authorization of Appropriations for the Fund for
Fiscal Year 2007.--
``(1) In general.--There are authorized to be appropriated
to the Fund $150,000,000 for fiscal year 2007.
``(2) Availability of funds.--Amounts appropriated pursuant
to the authorization of appropriations in paragraph (1) shall
remain available until expended and not more than $15,000,000
of such amounts may be obligated and expended during any
fiscal year.''.
(2) National flagship language initiative.--
(A) In general.--Section 811(a) of the David L. Boren
National Security Education Act of 1991 (50 U.S.C. 1911(a))
is amended by striking ``there is authorized to be
appropriated to the Secretary for each fiscal year, beginning
with fiscal year 2003, $10,000,000'' and inserting ``there
are authorized to be appropriated to the Secretary for each
fiscal year 2003 through 2006, $10,000,000, and for each
fiscal year after fiscal year 2006, $20,000,000,''.
(B) Availability of funds.--Section 811(b) of such Act (50
U.S.C. 1911(b)) is amended by inserting ``for fiscal years
2003 through 2006'' after ``this section''.
(3) Demonstration program.--There are authorized to be
appropriated to the Director of National Intelligence such
sums as may be necessary for each of fiscal years 2007, 2008,
[[Page S9156]]
and 2009 in order to carry out the demonstration program
established under subsection (c).
SEC. 1103. CURTAILING TERRORIST FINANCING.
(a) Findings.--Congress makes the following findings:
(1) The report of the National Commission on Terrorist
Attacks Upon the United States stated that ``[v]igorous
efforts to track terrorist financing must remain front and
center in United States counterterrorism efforts''.
(2) The report of the Independent Task Force sponsored by
the Council on Foreign Relations stated that ``currently
existing U. S. and international policies, programs,
structures, and organizations will be inadequate to assure
sustained results commensurate with the ongoing threat posed
to the national security of the United States''.
(3) The report of the Independent Task Force contained the
conclusion that ``[l]ong-term success will depend critically
upon the structure, integration, and focus of the U. S.
Government--and any intergovernmental efforts undertaken to
address this problem''.
(b) Policy.--It is the policy of the United States--
(1) to work with the Government of Saudi Arabia to curtail
terrorist financing originating from that country using a
range of methods, including diplomacy, intelligence, and law
enforcement;
(2) to ensure effective coordination and sufficient
resources for efforts of the agencies and departments of the
United States to disrupt terrorist financing by carrying out,
through the Office of Terrorism and Financial Intelligence in
the Department of the Treasury, a comprehensive analysis of
the budgets and activities of all such agencies and
departments that are related to disrupting the financing of
terrorist organizations;
(3) to provide each agency or department of the United
States with the appropriate number of personnel to carry out
the activities of such agency or department related to
disrupting the financing of terrorist organizations;
(4) to centralize the coordination of the efforts of the
United States to combat terrorist financing and utilize
existing authorities to identify foreign jurisdictions and
foreign financial institutions suspected of abetting
terrorist financing and take actions to prevent the provision
of assistance to terrorists; and
(5) to work with other countries to develop and enforce
strong domestic terrorist financing laws, and increase
funding for bilateral and multilateral programs to enhance
training and capacity-building in countries who request
assistance.
(c) Authorization of Appropriations To Provide Technical
Assistance To Prevent Financing of Terrorists.--
(1) In general.--There are authorized to be appropriated to
the President for the ``Economic Support Fund'' to provide
technical assistance under the provisions of chapter 4 of
part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2346
et seq.) to foreign countries to assist such countries in
preventing the financing of terrorist activities--
(A) for fiscal year 2007, $300,000,000; and
(B) for fiscal years 2008 and 2009, such sums as may be
necessary.
(2) Availability of funds.--Amounts appropriated pursuant
to the authorization of appropriations in this subsection are
authorized to remain available until expended.
(3) Additional funds.--Amounts authorized to be
appropriated under this subsection are in addition to amounts
otherwise available for such purposes.
SEC. 1104. PROHIBITION ON TRANSACTIONS WITH COUNTRIES THAT
SUPPORT TERRORISM.
(a) Clarification of Certain Actions Under IEEPA.--In any
case in which the President takes action under the
International Emergency Economic Powers Act (50 U.S.C. 1701
et seq.) with respect to a foreign country, or persons
dealing with or associated with the government of that
foreign country, and the government of that foreign country
is determined by the Secretary of State to have repeatedly
provided support for acts of international terrorism, such
action shall apply to a United States person or other person.
(b) Definitions.--In this section:
(1) Controlled in fact.--The term ``is controlled in fact''
includes--
(A) in the case of a corporation, holds at least 50 percent
(by vote or value) of the capital structure of the
corporation; and
(B) in the case of any other kind of legal entity, holds
interests representing at least 50 percent of the capital
structure of the entity.
(2) State.--The term ``State'' means each of the several
States of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, Guam, the Virgin Islands, and
other territories or possessions of the United States.
(3) United states person.--The term ``United States
person'' includes any United States citizen, permanent
resident alien, entity organized under the law of the United
States or of any State (including foreign branches), wherever
located, or any other person in the United States.
(c) Applicability.--
(1) In general.--In any case in which the President has
taken action under the International Emergency Economic
Powers Act and such action is in effect on the date of the
enactment of this Act, the provisions of subsection (a) shall
not apply to a United States person (or other person) if such
person divests or terminates its business with the government
or person identified by such action within 90 days after the
date of the enactment of this Act.
(2) Actions after date of enactment.--In any case in which
the President takes action under the International Emergency
Economic Powers Act on or after the date of the enactment of
this Act, the provisions of subsection (a) shall not apply to
a United States person (or other person) if such person
divests or terminates its business with the government or
person identified by such action within 90 days after the
date of such action.
(d) Notification of Congress of Termination of
Investigation by Office of Foreign Assets Control.--The
Office of Federal Procurement Policy Act (41 U.S.C. 403 et
seq.) is amended by adding at the end the following new
section:
``SEC. 42. NOTIFICATION OF CONGRESS OF TERMINATION OF
INVESTIGATION BY OFFICE OF FOREIGN ASSETS
CONTROL.
``The Director of the Office of Foreign Assets Control
shall notify Congress upon the termination of any
investigation by the Office of Foreign Assets Control of the
Department of the Treasury if any sanction is imposed by the
Director of such office as a result of the investigation.''.
SEC. 1105. COMPTROLLER GENERAL REPORT ON UNITED KINGDOM AND
UNITED STATES ANTI-TERRORISM POLICIES AND
PRACTICES.
(a) Report Required.--Not later than July 1, 2007, the
Comptroller General of the United States shall submit to
Congress a report setting forth a comparative analysis of the
anti-terrorism policies and practices of the United Kingdom
and the United States.
(b) Elements.--The report required by subsection (a) shall
include a comparative analysis of the following:
(1) The counter-intelligence laws and methods of the United
Kingdom and the United States.
(2) The structure of the intelligence and law enforcement
agencies of the United Kingdom Government and the United
States Government.
(3) The compliance by the executive agencies of the United
Kingdom and the United States with the laws of such country
applicable to terrorism.
(4) The constitutional and legal considerations that enter
into the development of anti-terrorism policies in the United
Kingdom and the United States.
SEC. 1106. ENHANCEMENT OF INTELLIGENCE COMMUNITY EFFORTS TO
BRING OSAMA BIN LADEN AND OTHER AL QAEDA
LEADERS TO JUSTICE.
(a) Additional Appropriation for Intelligence Community
Management Account.--There is hereby appropriated for the
fiscal year ending September 30, 2007, for the Intelligence
Community Management Account $200,000,000 which amount shall
be available only for a unit dedicated to bringing to justice
Osama bin Laden and other key leaders of al Qaeda.
(b) Reports on Efforts.--Not later than 60 days after the
date of the enactment of this Act, and every 90 days
thereafter, the Secretary of Defense shall, in consultation
with other appropriate officials, submit to the congressional
defense committees, the Committee on International Relations
of the House of Representatives, and the Committee on Foreign
Relations of the Senate a classified report on progress made
by the operations in the global war on terrorism for which
funding is provided in subsection (a), including--
(1) an assessment of the likely current location of
terrorist leaders (including Osama bin Laden and other key
leaders of al Qaeda);
(2) a description of ongoing efforts to bring to justice
such terrorists;
(3) a description of the cooperation provided by the
governments of any countries assessed as likely locations of
top leaders of al Qaeda and by other relevant countries;
(4) a description of diplomatic efforts currently being
made to improve the cooperation of any governments described
in paragraph (3); and
(5) a description of the status of, and strategy for
bringing to justice, perpetrators of terrorism including the
top leadership of al Qaeda.
TITLE XII--PREVENTING THE GROWTH OF RADICAL ISLAMIC FUNDAMENTALISM
Subtitle A--Quality Educational Opportunities
SEC. 1201. FINDINGS, POLICY, AND DEFINITION.
(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) According to the United Nations Development Program
Arab Human Development Report for 2002, 10,000,000 children
between the ages of 6 through 15 in the Arab world do not
attend school, and \2/3\ of the 65,000,000 illiterate adults
in the Arab world are women.
(3) 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
[[Page S9157]]
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''.
(b) Policy.--It is the policy of the United States--
(1) to work toward the goal of dramatically increasing the
availability of basic education in the developing world,
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 Youth Opportunity Fund authorized under
section 7114 of the 9/11 Commission Implementation Act of
2004 (Public Law 108-458), with the goal of building and
operating primary and secondary schools in Muslim countries
that commit to sensibly investing the resources of such
countries in public education;
(3) to work with the international community, including
foreign countries and international organizations to raise
$7,000,000,000 to $10,000,000,000 each year to fund education
programs in Muslim countries;
(4) to offer additional incentives to countries to increase
the availability of basic education; and
(5) to work to prevent financing of educational
institutions that support radical Islamic fundamentalism.
(c) Appropriate Congressional Committees Defined.--In this
subtitle, the term ``appropriate congressional committees''
means the Committee on Foreign Relations and the Committee on
Appropriations of the Senate and the Committee on
International Relations and the Committee on Appropriations
of the House of Representatives.
SEC. 1202. ANNUAL REPORT TO CONGRESS.
Not later than June 1 each year, the Secretary of State
shall submit to the appropriate congressional committees a
report on the efforts of countries in the developing world to
increase the availability of basic education and to close
educational institutions that promote religious extremism and
terrorism. Each report shall include--
(1) a list of countries that are making serious and
sustained efforts to increase the availability of basic
education and to close educational institutions that promote
religious extremism and terrorism;
(2) a list of countries that are making efforts to increase
the availability of basic education and to close educational
institutions that promote religious extremism and terrorism,
but such efforts are not serious and sustained; and
(3) a list of countries that are not making efforts to
increase the availability of basic education and to close
educational institutions that promote religious extremism and
terrorism.
SEC. 1203. AUTHORIZATION OF APPROPRIATIONS.
(a) International Education Programs.--There are authorized
to be appropriated to the President for ``Development
Assistance'' for international education programs carried out
under sections 105 and 496 of the Foreign Assistance Act of
1961 (22 U.S.C. 2151c and 2293)--
(1) for fiscal year 2007, $1,000,000,000; and
(2) for fiscal years 2008 and 2009, such sums as may be
necessary.
(b) International Youth Opportunity Fund.--There are
authorized to be appropriated to the President for fiscal
years 2007, 2008, and 2009 such sums as may be necessary for
the United States contribution to the International Youth
Opportunity Fund authorized under section 7114 of the 9/11
Commission Implementation Act of 2004 (Public Law 108-458)
for international education programs.
(c) Additional Funds.--Amounts authorized to be
appropriated in this section are in addition to amounts
otherwise available for such purposes.
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.
(a) Findings.--Congress makes the following findings:
(1) Al-Qaeda and affiliated groups have established a
terrorist network with linkages throughout the Middle East,
Central Asia, South Asia, and Southeast Asia.
(2) While political repression and lack of economic
development do not justify terrorism, increased political
freedoms and economic growth can contribute to an environment
that undercuts tendencies and conditions that facilitate the
rise of terrorist organizations.
(3) It is in the national security interests of the United
States to promote democracy, good governance, political
freedom, independent media, women's rights, private sector
development, and open economic systems in the countries of
the Middle East, Central Asia, South Asia, and Southeast
Asia.
(b) Policy.--It is the policy of the United States--
(1) to promote the objectives described in subsection
(a)(3) in the countries of the Middle East, Central Asia,
South Asia, and Southeast Asia;
(2) to provide assistance and resources to organizations
that are committed to promoting such objectives; and
(3) to work with other countries and international
organizations to increase the resources devoted to promoting
such objectives.
(c) Strategy.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State shall
submit to Congress a strategy to promote the policy of the
United States set out in subsection (b). Such strategy shall
describe how funds appropriated pursuant to the authorization
of appropriations in subsection (d) will be used.
(d) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
the President for the ``Economic Support Fund'' for
activities carried out under chapter 4 of part II of the
Foreign Assistance Act of 1961 (22 U.S.C. 2346 et seq.) to
promote the policy of the United States set out in subsection
(b)--
(A) for fiscal year 2007, $500,000,000; and
(B) for fiscal years 2008 and 2009, such sums as may be
necessary.
(2) Sense of congress on use of funds.--It is the sense of
Congress that a substantial portion of the funds appropriated
pursuant to the authorization of appropriations in paragraph
(1) should be made available to non-governmental
organizations that have a record of success working in the
countries of the Middle East, Central Asia, South Asia, and
Southeast Asia to build and support democratic institutions,
democratic parties, human rights organizations, independent
media, and the efforts to promote the rights of women.
(3) Additional funds.--Amounts authorized to be
appropriated in paragraph (1) are in addition to amounts
otherwise available for such purposes.
SEC. 1212. MIDDLE EAST FOUNDATION.
(a) Purposes.--The purposes of this section are to support,
through the provision of grants, technical assistance,
training, and other programs, in the countries of the Middle
East, the expansion of--
(1) civil society;
(2) opportunities for political participation for all
citizens;
(3) protections for internationally recognized human
rights, including the rights of women;
(4) educational system reforms;
(5) independent media;
(6) policies that promote economic opportunities for
citizens;
(7) the rule of law; and
(8) democratic processes of government.
(b) Middle East Foundation.--
(1) Designation.--The Secretary of State is authorized to
designate an appropriate private, nonprofit organization that
is organized or incorporated under the laws of the United
States or of a State as the Middle East Foundation (referred
to in this section as the ``Foundation'').
(2) Funding.--The Secretary of State is authorized to
provide funding to the Foundation through the Middle East
Partnership Initiative of the Department of State. The
Foundation shall use amounts provided under this paragraph to
carry out the purposes of this section, including through
making grants and providing other assistance to entities to
carry out programs for such purposes.
(3) Notification to congressional committees.--The
Secretary of State shall notify the Committee on Foreign
Relations of the Senate and the Committee on International
Relations of the House of Representatives prior to
designating an appropriate organization as the Foundation.
(c) Grants for Projects.--
(1) Foundation to make grants.--The Secretary of State
shall enter into an agreement with the Foundation that
requires the Foundation to use the funds provided under
subsection (b)(2) to make grants to persons (other than
governments or government entities) located in the Middle
East or working with local partners based in the Middle East
to carry out projects that support the purposes specified in
subsection (a).
(2) Center for public policy.--Under the agreement
described in paragraph (1), the Foundation may make a grant
to an institution of higher education located in the Middle
East to create a center for public policy for the purpose of
permitting scholars and professionals from the countries of
the Middle East and from other countries, including the
United States, to carry out research, training programs, and
other activities to inform public policymaking in the Middle
East and to promote broad economic, social, and political
reform for the people of the Middle East.
(3) Applications for grants.--An entity seeking a grant
from the Foundation under this section shall submit an
application to the head of the Foundation at such time, in
such manner, and including such information as the head of
the Foundation may reasonably require.
(d) Private Character of the Foundation.--Nothing in this
section shall be construed to--
(1) make the Foundation an agency or establishment of the
United States Government, or to make the officers or
employees of the Foundation officers or employees of the
United States for purposes of title 5, United States Code; or
(2) to impose any restriction on the Foundation's
acceptance of funds from private and public sources in
support of its activities consistent with the purposes of
this section.
(e) Limitation on Payments to Foundation Personnel.--No
part of the funds provided to the Foundation under this
section shall inure to the benefit of any officer or employee
of the Foundation, except as salary or reasonable
compensation for services.
[[Page S9158]]
(f) Retention of Interest.--The Foundation may hold funds
provided under this section in interest-bearing accounts
prior to the disbursement of such funds to carry out the
purposes of this section, and may retain for use for such
purposes any interest earned without returning such interest
to the Treasury of the United States and without further
appropriation by Congress.
(g) Financial Accountability.--
(1) Independent private audits of the foundation.--The
accounts of the Foundation shall be audited annually in
accordance with generally accepted auditing standards by
independent certified public accountants or independent
licensed public accountants certified or licensed by a
regulatory authority of a State or other political
subdivision of the United States. The report of the
independent audit shall be included in the annual report
required by subsection (h).
(2) GAO audits.--The financial transactions undertaken
pursuant to this section by the Foundation may be audited by
the General Accounting Office in accordance with such
principles and procedures and under such rules and
regulations as may be prescribed by the Comptroller General
of the United States.
(3) Audits of grant recipients.--
(A) In general.--A recipient of a grant from the Foundation
shall agree to permit an audit of the books and records of
such recipient related to the use of the grant funds.
(B) Recordkeeping.--Such recipient shall maintain
appropriate books and records to facilitate an audit referred
to subparagraph (A), including--
(i) separate accounts with respect to the grant funds;
(ii) records that fully disclose the use of the grant
funds;
(iii) records describing the total cost of any project
carried out using grant funds; and
(iv) the amount and nature of any funds received from other
sources that were combined with the grant funds to carry out
a project.
(h) Annual Reports.--Not later than January 31, 2007, and
annually thereafter, the Foundation shall submit to Congress
and make available to the public an annual report that
includes, for the fiscal year prior to the fiscal year in
which the report is submitted, a comprehensive and detailed
description of--
(1) the operations and activities of the Foundation that
were carried out using funds provided under this section;
(2) grants made by the Foundation to other entities with
funds provided under this section;
(3) other activities of the Foundation to further the
purposes of this section; and
(4) the financial condition of the Foundation.
Subtitle C--Restoring American Moral Leadership
SEC. 1221. ADVANCING UNITED STATES INTERESTS THROUGH PUBLIC
DIPLOMACY.
(a) Findings.--Congress makes the following findings:
(1) The United States needs to improve its communication of
information and ideas to people in foreign countries,
particularly in countries with significant Muslim
populations.
(2) Public diplomacy should reaffirm the paramount
commitment of the United States to democratic principles,
including preserving the civil liberties of all the people of
the United States, including Muslim-Americans.
(3) The report of the National Commission on Terrorist
Attacks Upon the United States stated that, ``Recognizing
that Arab and Muslim audiences rely on satellite television
and radio, the government has begun some promising
initiatives in television and radio broadcasting to the Arab
world, Iran, and Afghanistan. These efforts are beginning to
reach large audiences. The Broadcasting Board of Governors
has asked for much larger resources. It should get them.''.
(4) A significant expansion of United States international
broadcasting would provide a cost-effective means of
improving communication with countries with significant
Muslim populations by providing news, information, and
analysis, as well as cultural programming, through both radio
and television broadcasts.
(b) Special Authority for Surge Capacity.--The United
States International Broadcasting Act of 1994 (22 U.S.C. 6201
et seq.) is amended by adding at the end the following new
section:
``SEC. 316. SPECIAL AUTHORITY FOR SURGE CAPACITY.
``(a) Emergency Authority.--
``(1) In general.--Whenever the President determines it to
be important to the national interests of the United States
and so certifies to the appropriate congressional committees,
the President, on such terms and conditions as the President
may determine, is authorized to direct any department,
agency, or other entity of the United States to furnish the
Broadcasting Board of Governors with such assistance as may
be necessary to provide international broadcasting activities
of the United States with a surge capacity to support United
States foreign policy objectives during a crisis abroad.
``(2) Supersedes existing law.--The authority of paragraph
(1) supersedes any other provision of law.
``(3) Surge capacity defined.--In this subsection, the term
`surge capacity' means the financial and technical resources
necessary to carry out broadcasting activities in a
geographical area during a crisis.
``(b) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to the President such sums as may be necessary for the
President to carry out this section, except that no such
amount may be appropriated which, when added to amounts
previously appropriated for such purpose but not yet
obligated, would cause such amounts to exceed $25,000,000.
``(2) Availability of funds.--Amounts appropriated pursuant
to the authorization of appropriations in this subsection are
authorized to remain available until expended.
``(3) Designation of appropriations.--Amounts appropriated
pursuant to the authorization of appropriations in this
subsection may be referred to as the `United States
International Broadcasting Surge Capacity Fund'.''.
(c) Report.--An annual report submitted to the President
and Congress by the Broadcasting Board of Governors under
section 305(a)(9) of the United States International
Broadcasting Act of 1994 (22 U.S.C. 6204(a)(9)) shall provide
a detailed description of any activities carried out under
section 316 of such Act, as added by subsection (b).
(d) Authorization of Appropriations for United States
International Broadcasting Activities.--
(1) In general.--In addition to amounts otherwise available
for such purposes, the following amounts are authorized to be
appropriated to carry out United States Government
broadcasting activities under the United States Information
and Educational Exchange Act of 1948 (22 U.S.C. 1431 et
seq.), the United States International Broadcasting Act of
1994 (22 U.S.C. 6201 et seq.), the Foreign Affairs Reform and
Restructuring Act of 1998 (as enacted in division G of the
Omnibus Consolidated and Emergency Supplemental
Appropriations Act, 1999; Public Law 105-277), and this
division, and to carry out other authorities in law
consistent with such purposes:
(A) International broadcasting operations.--For
``International Broadcasting Operations'', $500,000,000 for
the fiscal year 2007.
(B) Broadcasting capital improvements.--For ``Broadcasting
Capital Improvements'', $70,000,000 for the fiscal year 2007.
(2) Availability of funds.--Amounts appropriated pursuant
to the authorization of appropriations in this section are
authorized to remain available until expended.
SEC. 1222. DEPARTMENT OF STATE PUBLIC DIPLOMACY PROGRAMS.
(a) United States Educational, Cultural, and Public
Diplomacy Programs.--There are authorized to be appropriated
for the Department of State to carry out public diplomacy
programs of the Department under the United States
Information and Educational Exchange Act of 1948, the Mutual
Educational and Cultural Exchange Act of 1961, Reorganization
Plan Number 2 of 1977, the Foreign Affairs Reform and
Restructuring Act of 1998, the Center for Cultural and
Technical Interchange Between East and West Act of 1960, the
Dante B. Fascell North-South Center Act of 1991, and the
National Endowment for Democracy Act, and to carry out other
authorities in law consistent with the purposes of such Acts
for ``Educational and Cultural Exchange Programs'',
$500,000,000 for the fiscal year 2007.
(b) Administration of Foreign Affairs.--There are
authorized to be appropriated for the Department of State
under ``Administration of Foreign Affairs'' to carry out the
authorities, functions, duties, and responsibilities in the
conduct of foreign affairs of the United States, and for
other purposes authorized by law for ``Diplomatic and
Consular Programs'', $500,000,000 for the fiscal year 2007,
which shall only be available for public diplomacy
international information programs.
SEC. 1223. TREATMENT OF DETAINEES.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress makes the following findings:
(1) Carrying out the global war on terrorism requires the
development of policies with respect to the detention and
treatment of captured international terrorists that are
adhered to by all coalition forces.
(2) Article 3 of the Convention Relative to the Treatment
of Prisoners of War, done at Geneva August 12, 1949 (6 UST
3316), was specifically designed for cases in which the usual
rules of war do not apply, and the minimum standards of
treatment pursuant to such Article are generally accepted
throughout the world as customary international law.
(3) The Commission on Terrorist Attacks Upon the United
States urged to the United States to engage its friends to
develop a common coalition approach toward the detention and
humane treatment of captured terrorists. The 9/11 Public
Discourse Project went on to give the Administration a
ranking of ``unfulfilled'' in this area, commenting that
``[d]issession either at home or abroad on how the United
States treats captured terrorists only makes it harder to
build the diplomatic, political and military alliance
necessary to fight the war on terror effectively''.
(b) Policy.--The policy of the United States is as follows:
(1) It is the policy of the United States to treat all
foreign persons captured, detained, interned, or otherwise
held in the custody of the United States (hereinafter
``detainees'')
[[Page S9159]]
humanely and in accordance with the legal obligations under
United States law and international law, including the
obligations in the Convention Against Torture, the Geneva
Conventions, and the Detainee Treatment Act of 2005.
(2) It is the policy of the United States that all
officials of the United States are bound both in wartime and
in peacetime by the legal prohibitions against torture,
cruel, inhumane, or degrading treatment set out in the
Constitution, laws, and treaties of the United States, as
reiterated by the Supreme Court in Hamdan v. Rumsfeld (126 S.
Ct. 2749 (2006)).
(3) If there is any doubt as to whether a detainee is
entitled to the protections afforded by the Geneva
Conventions, it is the policy of the United States that such
detainee shall enjoy the protections of the Convention
Relative to the Treatment of Prisoners of War, done at Geneva
August 12, 1949 (6 UST 3316) until such time as the
detainee's status can be determined pursuant to the
procedures authorized by Army Regulation 190-8, Section 1-6.
(4) It is the policy of the United States to expeditiously
process and, if appropriate, prosecute detainees in the
custody of the United States, including detainees in custody
at Guantanamo Bay, Cuba.
(c) Reporting.--The Secretary shall submit to the
appropriate congressional committees the following:
(1) Not later than 180 days after the date of the enactment
of this Act, a report setting forth the number of individuals
currently held at Guantanamo Bay, Cuba, the number of such
individuals who are unlikely to face a military commission in
the next six months, and each reason for not bringing such
individuals before a military commission.
(2) Not later than 90 days after the date of the enactment
of this Act, a report setting forth all interrogation
techniques approved, as of the date of the enactment of this
Act, by officials of the United States for use with
detainees.
(d) Rules, Regulations, and Guidelines.--
(1) Requirement.--Not later than 180 days after the date of
the enactment of this Act, the Secretary and the Director
shall prescribe the rules, regulations, or guidelines
necessary to ensure compliance with the standards of the
Detainee Treatment Act of 2005 and Common Article 3 of the
Geneva Conventions by all personnel of the United States
Government and by any person providing services to the United
States Government on a contract basis.
(2) Report to congress.--The Secretary and the Director
shall submit to Congress the rules, regulations, or
guidelines prescribed under paragraph (1), and any
modifications to such rules, regulations, or guidelines--
(A) not later than 30 days after the effective date of such
rules, regulations, guidelines, or modifications; and
(B) in a manner and form that will protect the national
security interests of the United States.
(e) Reports on Possible Violations.--
(1) Requirement.--The Secretary and the Director shall each
submit, on a timely basis and not less than twice each year,
a report to Congress on the circumstances surrounding, and a
status report on, any investigation of, or prosecution on
account of, a possible violation of the standards specified
in subsection (d)(1) by United States Government personnel or
by a person providing services to the United States
Government on a contract basis.
(2) Form of report.--A report required under paragraph (1)
shall be submitted in a manner and form that--
(A) will protect the national security interests of the
United States; and
(B) will not prejudice any prosecution of an individual
alleged to have violated the standards specified in
subsection (d)(1).
(f) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee
on Armed Services, the Committee on the Judiciary, and the
Committee on Foreign Relations of the Senate and the
Committee on Armed Services, the Committee on the Judiciary,
and the Committee on International Relations of the House of
Representatives.
(2) Convention against torture.--The term ``Convention
Against Torture'' means the Convention Against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment,
done at New York December 10, 1984.
(3) Director.--The term ``Director'' means the Director of
National Intelligence.
(4) Geneva conventions.--The term ``Geneva Conventions''
means--
(A) the Convention for the Amelioration of the Condition of
the Wounded and Sick in Armed Forces in the Field, done at
Geneva August 12, 1949 (6 UST 3114);
(B) the Convention for the Amelioration of the Condition of
the Wounded, Sick, and Shipwrecked Members of Armed Forces at
Sea, done at Geneva August 12, 1949 (6 UST 3217);
(C) the Convention Relative to the Treatment of Prisoners
of War, done at Geneva August 12, 1949 (6 UST 3316); and
(D) the Convention Relative to the Protection of Civilian
Persons in Time of War, done at Geneva August 12, 1949 (6 UST
3516).
(5) Secretary.--The term ``Secretary'' means the Secretary
of Defense.
(6) Torture.--The term ``torture'' has the meaning given
that term in section 2340 of title 18, United States Code.
SEC. 1224. NATIONAL COMMISSION TO REVIEW POLICY REGARDING THE
TREATMENT OF DETAINEES.
(a) Establishment of Commission.--There is established the
National Commission To Review Policy Regarding the Treatment
of Detainees.
(b) Purposes.--The purposes of the Commission are as
follows:
(1) To examine and report upon the role of policymakers in
the interrogation and detention policies related to the
treatment of individuals detained during Operation Iraqi
Freedom or Operation Enduring Freedom.
(2) To examine and report on the causes of the alleged
mistreatment of detainees by United States personnel and the
impact of such mistreatment on the security of the Armed
Forces of the United States.
(3) To build upon the reviews of the policies of the United
States related to the treatment of individuals detained by
the United States, including such reviews conducted by the
executive branch, Congress, or other entities.
(c) Composition of the Commission.--
(1) Members.--The Commission shall be composed of 15
members, of whom--
(A) 3 members shall be appointed by the majority leader of
the Senate;
(B) 3 members shall be appointed by the Speaker of the
House of Representatives;
(C) 3 members shall be appointed by the minority leader of
the Senate;
(D) 3 members shall be appointed by the minority leader of
the House of Representatives;
(E) 1 member shall be appointed by the Judge Advocate
General of the Army;
(F) 1 member shall be appointed by the Judge Advocate
General of the Navy; and
(G) 1 member shall be appointed by the Judge Advocate
General of the Air Force.
(2) Chairperson; vice chairperson.--
(A) In general.--Subject to subparagraph (B), the
Chairperson and Vice Chairperson of the Commission shall be
elected by the members.
(B) Political party affiliation.--The Chairperson and Vice
Chairperson may not be from the same political party.
(3) Initial meeting.--Once 10 or more members of the
Commission have been appointed, those members who have been
appointed may meet and, if necessary, select a temporary
chairperson, who may begin the operations of the Commission,
including the hiring of staff.
(4) Quorum; vacancies.--After its initial meeting, the
Commission shall meet upon the call of the Chairperson or a
majority of its members. Eight members of the Commission
shall constitute a quorum. Any vacancy in the Commission
shall not affect its powers, but shall be filled in the same
manner in which the original appointment was made.
(5) Sense of congress on qualifications of commission
members.--It is the sense of Congress that individuals
appointed to the Commission should be prominent United States
citizens, with national recognition and significant depth of
experience in the fields of intelligence, law enforcement, or
foreign affairs, or experience serving the United States
Government, including service in the Armed Forces.
(d) Functions of the Commission.--The functions of the
Commission are--
(1) to conduct an investigation that--
(A) investigates the development and implementation of
policy relating to the treatment of individuals detained
during Operation Iraqi Freedom or Operation Enduring Freedom;
(B) determines whether the United States policy related to
the treatment of detained individuals has adversely affected
the security of the members of the Armed Forces of the United
States;
(C) determines the causes and factors contributing to the
alleged abuse of detainees, and whether and to what extent
the incidences of abuse of detained individuals has affected
the standing of the United States in the world;
(D) determines whether and to what extent leaders of the
United States Armed Forces were given the opportunity to
comment on and influence policy relating to treatment of
detained individuals;
(E) assesses the responsibility of leaders for policies and
actions, or failures to act, that may have contributed to the
mistreatment of detainees; and
(F) determines whether and to what extent policy relating
to the treatment of individuals detained during Operation
Iraqi Freedom or Operation Enduring Freedom differed from the
policies and practices regarding detainees established by the
Armed Forces prior to such operations; and
(2) to submit to the President and Congress such report as
is required by this section containing such findings,
conclusions, and recommendations as the Commission shall
determine, including proposing organization, coordination,
planning, management arrangements, procedures, rules, and
regulations.
(e) Powers of the Commission.--
(1) In general.--
(A) Hearings and evidence.--The Commission or, on the
authority of the Commission, any subcommittee or member
thereof, may, for the purpose of carrying out this section--
(i) hold such hearings and sit and act at such times and
places, take such testimony, receive such evidence,
administer such oaths; and
(ii) require, by subpoena or otherwise, the attendance and
testimony of such witnesses
[[Page S9160]]
and the production of such books, records, correspondence,
memoranda, cables, electronic messages, papers, and
documents, as the Commission or such designated subcommittee
or designated member may determine advisable.
(B) Subpoenas.--
(i) Issuance.--Subpoenas issued under subparagraph (A)(ii)
may be issued under the signature of the Chairperson of the
Commission, the Vice Chairperson of the Commission, the
chairperson of any subcommittee created by a majority of the
Commission, or any member designated by a majority of the
Commission, and may be served by any person designated by the
Chairperson, subcommittee chairperson, or member.
(ii) Enforcement.--
(I) In general.--In the case of contumacy or failure to
obey a subpoena issued under subparagraph (A)(ii), the United
States district court for the judicial district in which the
subpoenaed person resides, is served, or may be found, or
where the subpoena is returnable, may issue an order
requiring such person to appear at any designated place to
testify or to produce documentary or other evidence. Any
failure to obey the order of the court may be punished by the
court as a contempt of that court.
(II) Additional enforcement.--In the case of any failure of
any witness to comply with any subpoena or to testify when
summoned under authority of this section, the Commission may,
by majority vote, certify a statement of fact constituting
such failure to the appropriate United States attorney, who
may bring the matter before the grand jury for its action,
under the same statutory authority and procedures as if the
United States attorney had received a certification under
sections 102 through 104 of the Revised Statutes of the
United States (2 U.S.C. 192 through 194).
(2) Closed meetings.--
(A) In general.--Meetings of the Commission may be closed
to the public under section 10(d) of the Federal Advisory
Committee Act (5 U.S.C. App.) or other applicable law.
(B) Additional authority.--In addition to the authority
under subparagraph (A), section 10(a)(1) and (3) of the
Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply to any portion of a Commission meeting if the President
determines that such portion or portions of that meeting is
likely to disclose matters that could endanger national
security. If the President makes such determination, the
requirements relating to a determination under section 10(d)
of that Act shall apply.
(3) Contracting.--The Commission may, to such extent and in
such amounts as are provided in appropriation Acts, enter
into contracts to enable the Commission to discharge its
duties under this section.
(4) Information from federal agencies.--The Commission is
authorized to secure directly from any executive department,
bureau, agency, board, commission, office, independent
establishment, or instrumentality of the Government
information, suggestions, estimates, and statistics for the
purposes of this section. Each department, bureau, agency,
board, commission, office, independent establishment, or
instrumentality shall, to the extent authorized by law,
furnish such information, suggestions, estimates, and
statistics directly to the Commission, upon request made by
the Chairperson, the chairperson of any subcommittee created
by a majority of the Commission, or any member designated by
a majority of the Commission.
(5) Assistance from federal agencies.--
(A) General services administration.--The Administrator of
General Services shall provide to the Commission on a
reimbursable basis administrative support and other services
for the performance of the Commission's functions.
(B) Other departments and agencies.--In addition to the
assistance prescribed in subparagraph (A), departments and
agencies of the United States are authorized to provide to
the Commission such services, funds, facilities, staff, and
other support services as they may determine advisable and as
may be authorized by law.
(6) Gifts.--The Commission may accept, use, and dispose of
gifts or donations of services or property.
(7) Postal services.--The Commission may use the United
States mails in the same manner and under the same conditions
as departments and agencies of the United States.
(f) Staff of the Commission.--
(1) Appointment and compensation.--The Chairperson and Vice
Chairperson, in accordance with rules agreed upon by the
Commission, may appoint and fix the compensation of a staff
director and such other personnel as may be necessary to
enable the Commission to carry out its functions, without
regard to the provisions of title 5, United States Code,
governing appointments in the competitive service, and
without regard to the provisions of chapter 51 and subchapter
III of chapter 53 of such title relating to classification
and General Schedule pay rates, except that no rate of pay
fixed under this subsection may exceed the equivalent of that
payable for a position at level V of the Executive Schedule
under section 5316 of title 5, United States Code.
(2) Personnel as federal employees.--
(A) In general.--The executive director and any personnel
of the Commission who are employees shall be employees under
section 2105 of title 5, United States Code, for purposes of
chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title.
(B) Members of commission.--Subparagraph (A) shall not be
construed to apply to a member of the Commission.
(3) Detailees.--Any Federal Government employee may be
detailed to the Commission without reimbursement from the
Commission, and such detailee shall retain the rights,
status, and privileges of his or her regular employment
without interruption.
(4) Consultant services.--The Commission is authorized to
procure the services of experts and consultants in accordance
with section 3109 of title 5, United States Code, but at
rates not to exceed the daily rate paid a person occupying a
position at level IV of the Executive Schedule under section
5315 of title 5, United States Code.
(g) Compensation and Travel Expenses.--
(1) Compensation.--Each member of the Commission may be
compensated at not to exceed the daily equivalent of the
annual rate of basic pay in effect for a position at level IV
of the Executive Schedule under section 5315 of title 5,
United States Code, for each day during which that member is
engaged in the actual performance of the duties of the
Commission.
(2) Travel expenses.--While away from their homes or
regular places of business in the performance of services for
the Commission, members of the Commission shall be allowed
travel expenses, including per diem in lieu of subsistence,
in the same manner as persons employed intermittently in the
Government service are allowed expenses under section 5703(b)
of title 5, United States Code.
(h) Security Clearances for Commission Members and Staff.--
The appropriate departments and agencies of the Government
shall cooperate with the Commission in expeditiously
providing to the Commission members and staff appropriate
security clearances in a manner consistent with existing
procedures and requirements, except that no person shall be
provided with access to classified information under this
section who would not otherwise qualify for such security
clearance.
(i) Report of the Commission.--Not later than 9 months
after the date of the first meeting of the Commission, the
Commission shall submit to the President and Congress a
report containing such findings, conclusions, and
recommendations as have been agreed to by a majority of
Commission members.
(j) Termination.--
(1) Termination.--The Commission, and all the authorities
of this section, shall terminate 60 days after the date on
which the report is submitted under subsection (i).
(2) Administrative activities before termination.--The
Commission may use the 60-day period referred to in paragraph
(1) for the purpose of concluding its activities, including
providing testimony to committees of Congress concerning its
reports and disseminating the second report.
(k) Authorization of Appropriations.--There are authorized
to be appropriated to the Commission to carry out this
section $5,000,000, to remain available until expended.
Subtitle D--Strategy for the United States Relationship With
Afghanistan, Pakistan, and Saudi Arabia
SEC. 1231. AFGHANISTAN.
(a) Afghanistan Freedom Support Act of 2002.--Section
108(a) the Afghanistan Freedom Support Act of 2002 (22 U.S.C.
7518(a)) is amended by striking ``such sums as may be
necessary for each of the fiscal years 2005 and 2006'' and
inserting ``$2,400,000,000 for fiscal year 2007 and such sums
as may be necessary for each of the fiscal years 2008 and
2009''.
(b) Other Authorizations of Appropriations for Foreign
Relations Activities.--
(1) Fiscal year 2007.--There are authorized to be
appropriated to the President for providing assistance for
Afghanistan in a manner consistent with the provisions of the
Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7501 et
seq.) for fiscal year 2007--
(A) for ``International Military Education and Training'',
$1,000,000 to carry out the provisions of section 541 of the
Foreign Assistance Act of 1961 (22 U.S.C. 2347);
(B) for ``Foreign Military Financing Program'' grants,
$444,000,000 to carry out the provisions of section 23 of the
Arms Export Control Act (22 U.S.C. 2763); and
(C) for ``Peacekeeping Operations'', $30,000,000 to carry
out the provisions of section 551 of the Foreign Assistance
Act of 1961 (22 U.S.C. 2348).
(2) Fiscal years 2008 and 2009.--
(A) Authorization of appropriation.--There are authorized
to be appropriated for each of the purposes described in
subparagraphs (A) through (C) of paragraph (1) such sums as
may be necessary for each of the fiscal years 2008 and 2009.
(B) Sense of congress.--It is the sense of Congress that
the amount appropriated for each purpose described in
subparagraphs (A) through (C) of paragraph (1) for each of
the fiscal years 2008 and 2009 should be an amount that is
equal to 125 percent of the amount appropriated for such
purpose during the preceding fiscal year.
(c) Authorization of Appropriations for Operation and
Maintenance, Defense-Wide.--There are authorized to be
appropriated for fiscal year 2007 for the use of the Armed
Forces and other activities and agencies of the Department of
Defense for expenses, not otherwise provided for, for
operation and maintenance, for Defense-wide activities,
$20,000,000 for support to provisional reconstruction teams
in Afghanistan.
[[Page S9161]]
(d) Other Funds.--Amounts authorized to be appropriated
under this section are in addition to amounts otherwise
available for such purposes.
SEC. 1232. PAKISTAN.
(a) Findings.--Congress makes the following findings:
(1) Since September 11, 2001, the Government of Pakistan
has been an important partner in helping the United States
remove the Taliban regime in Afghanistan and combating
international terrorism in the frontier provinces of
Pakistan.
(2) There remain a number of critical issues that threaten
to disrupt the relationship between the United States and
Pakistan, undermine international security, and destabilize
Pakistan, including--
(A) curbing the proliferation of nuclear weapons
technology;
(B) combating poverty and corruption;
(C) building effective government institutions, especially
secular public schools;
(D) promoting democracy and rule of law, particularly at
the national level; and
(E) effectively dealing with Islamic extremism.
(b) Policy.--It is the policy of the United States--
(1) to work with the Government of Pakistan to combat
international terrorism, especially in the frontier provinces
of Pakistan;
(2) to establish a long-term strategic partnership with the
Government of Pakistan to address the issues described in
subparagraphs (A) through (E) of subsection (a)(2);
(3) to dramatically increase funding for United States
Agency for International Development and Department of State
programs that assist Pakistan in addressing such issues, if
the Government of Pakistan demonstrates a commitment to
building a moderate, democratic state; and
(4) to work with the international community to secure
additional financial and political support to effectively
implement the policies set forth in this subsection and help
to resolve the dispute between the Government of Pakistan and
the Government of India over the disputed territory of
Kashmir.
(c) Strategy on Pakistan.--
(1) Requirement for report on strategy.--Not later than 90
days after the date of the enactment of this Act, the
President shall submit to the appropriate congressional
committees a report, in classified form if necessary, that
describes the long-term strategy of the United States to
engage with the Government of Pakistan to address the issues
described in subparagraphs (A) through (E) of subsection
(a)(2) in order accomplish the goal of building a moderate,
democratic Pakistan.
(2) Appropriate congressional committees defined.--In this
subsection the term ``appropriate congressional committees''
means--
(A) the Committees on Appropriations, Armed Services, and
Foreign Relations of the Senate; and
(B) the Committees on Appropriations, Armed Services, and
International Relations of the House of Representatives.
(d) Nuclear Proliferation.--
(1) Sense of congress.--It is the sense of Congress that
the national security interest of the United States will best
be served if the United States develops and implements a
long-term strategy to improve the United States relationship
with Pakistan and works with the Government of Pakistan to
stop nuclear proliferation.
(2) Limitation on assistance to pakistan.--None of the
funds appropriated for a fiscal year to provide military or
economic assistance to the Government of Pakistan may be made
available for such purpose unless the President submits to
Congress for such fiscal year a certification that no
military or economic assistance provided by the United States
to the Government of Pakistan will be provided, either
directly or indirectly, to a person that is opposing or
undermining the efforts of the United States Government to
halt the proliferation of nuclear weapons.
(e) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
the President for providing assistance for Pakistan for
fiscal year 2007--
(A) for ``Development Assistance'', $50,000,000 to carry
out the provisions of section 103, 105, and 106 of the
Foreign Assistance Act of 1961 (22 U.S.C. 2151a, 2151c, and
2151d);
(B) for the ``Child Survival and Health Programs Fund'',
$35,000,000 to carry out the provisions of sections 104 of
the Foreign Assistance Act of 1961 (22 U.S.C. 2151b);
(C) for the ``Economic Support Fund'', $350,000,000 to
carry out the provisions of chapter 4 of part II of the
Foreign Assistance Act of 1961 (22 U.S.C. 2346 et seq.);
(D) for ``International Narcotics and Law Enforcement'',
$50,000,000 to carry out the provisions of section 481 of the
Foreign Assistance Act of 1961 (22 U.S.C. 2291);
(E) for ``Nonproliferation, Anti-Terrorism, Demining, and
Related Programs'', $10,000,000;
(F) for ``International Military Education and Training'',
$2,000,000 to carry out the provisions of section 541 of the
Foreign Assistance Act of 1961 (22 U.S.C. 2347); and
(G) for ``Foreign Military Financing Program'',
$300,000,000 grants to carry of the provision of section 23
of the Arms Export Control Act (22 U.S.C. 2763).
(2) Other funds.--Amounts authorized to be appropriated
under this section are in addition to amounts otherwise
available for such purposes.
SEC. 1233. SAUDI ARABIA.
(a) Findings.--Congress makes the following findings:
(1) The Kingdom of Saudi Arabia has an uneven record in the
fight against terrorism, especially with respect to terrorist
financing, support for radical madrassas, and a lack of
political outlets for its citizens, that poses a threat to
the security of the United States, the international
community, and the Kingdom of Saudi Arabia itself.
(2) The United States has a national security interest in
working with the Government of Saudi Arabia to combat
international terrorists that operate within that nation or
that operate outside Saudi Arabia with the support of
citizens of Saudi Arabia.
(3) In order to more effectively combat terrorism, the
Government of Saudi Arabia must undertake a number of
political and economic reforms, including increasing anti-
terrorism operations conducted by law enforcement agencies,
providing more political rights to its citizens, increasing
the rights of women, engaging in comprehensive educational
reform, enhancing monitoring of charitable organizations,
promulgating and enforcing domestic laws and regulation on
terrorist financing.
(b) Policy.--It is the policy of the United States--
(1) to engage with the Government of Saudi Arabia to openly
confront the issue of terrorism, as well as other problematic
issues such as the lack of political freedoms, with the goal
of restructuring the relationship on terms that leaders of
both nations can publicly support;
(2) to enhance counterterrorism cooperation with the
Government of Saudi Arabia, if the political leaders of such
Government are committed to making a serious, sustained
effort to combat terrorism; and
(3) to support the efforts of the Government of Saudi
Arabia to make political, economic, and social reforms
throughout the country.
(c) Strategy on Saudi Arabia.--
(1) Requirement for report on strategy.--Not later than 90
days after the date of the enactment of this Act, the
President shall submit to the appropriate congressional
committees a report, in classified form if necessary, that
describes the long-term strategy of the United States--
(A) to engage with the Government of Saudi Arabia to
facilitate political, economic, and social reforms that will
enhance the ability of the Government of Saudi Arabia to
combat international terrorism; and
(B) to effectively prevent the financing of terrorists in
Saudi Arabia.
(2) Appropriate congressional committees defined.--In this
subsection the term ``appropriate congressional committees''
means--
(A) the Committees on Appropriations, Armed Services, and
Foreign Relations of the Senate; and
(B) the Committees on Appropriations, Armed Services, and
International Relations of the House of Representatives.
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.
Section 5 of S. 2980 of the 108th Congress (the Nunn-Lugar
Cooperative Threat Reduction Act of 2004), as introduced on
November 16, 2004, is hereby enacted into law.
SEC. 1302. RUSSIAN TACTICAL NUCLEAR WEAPONS.
(a) Report Required.--Not later than six months after the
date of the enactment of this Act, the President shall submit
to Congress a report setting forth the following:
(1) An assessment of the number, location, condition, and
security of Russian tactical nuclear weapons.
(2) An assessment of the threat that would be posed by the
theft of Russian tactical nuclear weapons.
(3) A plan for developing with Russia a cooperative program
to secure, consolidate, and, as appropriate, dismantle
Russian tactical nuclear weapons.
(b) Program.--The Secretary of Defense and the Secretary of
Energy shall jointly work with Russia to establish a
cooperative program, based on the report under subsection
(a), to secure, consolidate, and, as appropriate, dismantle
Russian tactical nuclear weapons in order to achieve
reductions in the total number of Russian tactical nuclear
weapons.
(c) Authorization of Appropriations.--
(1) Department of defense.--There are authorized to be
appropriated for the Department of Defense, $25,000,000 to
carry out this section.
(2) Department of energy.--There are authorized to be
appropriated for the Department of Energy, $25,000,000 to
carry out this section.
SEC. 1303. ADDITIONAL ASSISTANCE TO ACCELERATE NON-
PROLIFERATION PROGRAMS.
(a) Authorization of Appropriations for the Department of
Defense.--There are authorized to be appropriated to the
Department of Defense $105,000,000 for fiscal year 2007 for
Cooperative Threat Reduction Activities as follows:
(1) To accelerate security upgrades at nuclear warhead
storage sites located in Russia
[[Page S9162]]
or another country of the former Soviet Union, $15,000,000.
(2) To accelerate biological weapons proliferation
prevention programs in Kazakhstan, Georgia, and Uzbekistan,
$15,000,000.
(3) To accelerate destruction of Libyan chemical weapons,
materials, and related equipment, $75,000,000.
(b) Authorization of Appropriations for the Department of
Energy.--There are authorized to be appropriated to the
Department of Energy $95,000,000 for fiscal year 2007 for
nonproliferation activities of the National Nuclear Security
Administration as follows:
(1) To accelerate the Global Threat Reduction Initiative,
$20,000,000.
(2) To accelerate security upgrades at nuclear warhead
storage sites located in Russia or in another country,
$15,000,000.
(3) To accelerate the closure of the plutonium producing
reactor at Zheleznogorsk, Russia as part of the program to
eliminate weapons grade plutonium production, $25,000,000.
(4) To accelerate completion of comprehensive security
upgrades at Russian storage sites for weapons-usable nuclear
materials, $15,000,000.
(c) Authorization of Appropriations for the Department of
State.--
(1) In general.--There are authorized to be appropriated to
the Department of State $25,000,000 for fiscal year 2007 for
nonproliferation activities as follows:
(A) To accelerate engagement of former chemical and
biological weapons scientists in Russia and the countries of
the former Soviet Union through the Bio-Chem Redirect
Program, $15,000,000.
(B) To enhance efforts to combat bioterrorism by
transforming the Soviet biological weapons research and
production facilities to commercial enterprises through the
BioIndustry Initiative, $10,000,000.
(2) Availability of funds.--The amount authorized to be
appropriated by paragraph (1) shall remain available until
expended.
SEC. 1304. ADDITIONAL ASSISTANCE TO THE INTERNATIONAL ATOMIC
ENERGY AGENCY.
There are authorized to be appropriated to the Department
of Energy $20,000,000 to be used to provide technical and
other assistance to the International Atomic Energy Agency to
support nonproliferation programs. Such amount is in addition
to amounts otherwise available for such purpose.
Subtitle B--Border Protection
SEC. 1311. FINDINGS.
Congress makes the following findings:
(1) More than 500,000,000 people cross the borders of the
United States at legal points of entry each year, including
approximately 330,000,000 people who are not citizens of the
United States.
(2) The National Commission on Terrorist Attacks Upon the
United States found that 15 of the 19 hijackers involved in
the September 11, 2001 terrorist attacks ``were potentially
vulnerable to interception by border authorities''.
(3) Officials with the Bureau of Customs and Border
Protection and with the Bureau of Immigration and Customs
Enforcement have stated that there is a shortage of agents in
such Bureaus. Due to an inadequate budget, the Bureau of
Immigration and Customs Enforcement has effected a hiring
freeze since March 2004, and the Bureau has not made public
any plans to end this freeze.
SEC. 1312. HIRING AND TRAINING OF BORDER SECURITY PERSONNEL.
(a) Inspectors and Agents.--
(1) Increase in inspectors and agents.--During each of
fiscal years 2007 through 2010, the Secretary of Homeland
Security shall--
(A) increase the number of full-time agents and associated
support staff in the Bureau of Immigration and Customs
Enforcement of the Department of Homeland Security by the
equivalent of at least 100 more than the number of such
employees in the Bureau as of the end of the preceding fiscal
year; and
(B) increase the number of full-time inspectors and
associated support staff in the Bureau of Customs and Border
Protection by the equivalent of at least 200 more than the
number of such employees in the Bureau as of the end of the
preceding fiscal year.
(2) Waiver of fte limitation.--The Secretary is authorized
to waive any limitation on the number of full-time equivalent
personnel assigned to the Department of Homeland Security to
fulfill the requirements of paragraph (1).
(b) Training.--The Secretary shall provide appropriate
training for agents, inspectors, and associated support staff
on an ongoing basis to utilize new technologies and to ensure
that the proficiency levels of such personnel are acceptable
to protect the borders of the United States.
Subtitle C--First Responders
SEC. 1321. FINDINGS.
Congress makes the following findings:
(1) In a report entitled ``Emergency First Responders:
Drastically Underfunded, Dangerously Unprepared'', an
independent task force sponsored by the Council on Foreign
Relations found that ``America's local emergency responders
will always be the first to confront a terrorist incident and
will play the central role in managing its immediate
consequences. Their efforts in the first minutes and hours
following an attack will be critical to saving lives,
establishing order, and preventing mass panic. The United
States has both a responsibility and a critical need to
provide them with the equipment, training, and other
resources necessary to do their jobs safely and
effectively.''.
(2) The task force further concluded that many state and
local emergency responders, including police officers and
firefighters, lack the equipment and training needed to
respond effectively to a terrorist attack involving weapons
of mass destruction.
(3) The Federal Government has a responsibility to ensure
that the people of the United States are protected to the
greatest possible extent against a terrorist attack,
especially an attack that utilizes nuclear, chemical,
biological, or radiological weapons, and consequently, the
Federal Government has a critical responsibility to address
the equipment, training, and other needs of State and local
first responders.
SEC. 1322. RESTORATION OF JUSTICE ASSISTANCE FUNDING.
(a) Findings.--Congress makes the following findings:
(1) State and local police officers, firefighters, and
emergency responders play an essential role in the efforts of
the United States to prevent terrorist attacks and, if an
attack occurred, to address the effects of the attack.
(2) An independent task force has concluded that hundreds
of local police offices and firefighting and emergency
response units throughout the United States are unprepared
for responding to a terrorist attack involving nuclear,
chemical, biological, or radiological weapons.
(3) The Edward Byrne Memorial Justice Assistance Grant
Program provides critical Federal support for personnel,
equipment, training, and technical assistance for the
homeland security responsibilities of local law enforcement
offices.
(4) The Consolidated Appropriations Act, 2005 (Public Law
108-447) appropriated funding for the Edward Byrne Memorial
Justice Assistance Grant Program, a program that resulted
from the combination of the Edward Byrne Memorial Grant
Program and the Local Law Enforcement Block Grant Program.
(5) Funding for the Edward Byrne Memorial Justice
Assistance Grant Program, as provided in the Consolidated
Appropriations Act, 2005, has been reduced by nearly 50
percent since fiscal year 2002.
(b) Sense of Congress.--It is the sense of Congress that
the President should request in the annual budget proposal,
and Congress should appropriate, the full amount authorized
to be appropriated in subsection (c).
(c) Authorization of Appropriations.--There are authorized
to be appropriated for the Edward Byrne Memorial Justice
Assistance Grant Program--
(1) for fiscal year 2007, $1,250,000,000;
(2) for fiscal year 2008, $1,400,000,000; and
(3) for fiscal year 2009, $1,600,000,000.
SEC. 1323. PROVIDING RELIABLE OFFICERS, TECHNOLOGY,
EDUCATION, COMMUNITY PROSECUTORS, AND TRAINING
IN OUR NEIGHBORHOOD INITIATIVE.
(a) COPS Program.--Section 1701(a) of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796dd(a)) is amended--
(1) by inserting ``and prosecutor'' after ``increase
police''; and
(2) by inserting ``to enhance law enforcement access to new
technologies, and'' after ``presence,''.
(b) Hiring and Redeployment Grant Projects.--Section
1701(b) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796dd(b)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (B)--
(i) by inserting after ``Nation'' the following: ``, or pay
overtime to existing career law enforcement officers to the
extent that such overtime is devoted to community policing
efforts''; and
(ii) by striking ``and'' at the end;
(B) in subparagraph (C)--
(i) by striking ``or pay overtime''; and
(ii) by striking the period at the end and inserting ``;
and''; and
(C) by adding at the end the following:
``(D) promote higher education among in-service State and
local law enforcement officers by reimbursing them for the
costs associated with seeking a college or graduate school
education.''; and
(2) in paragraph (2), by striking all that follows
``Support Systems.--'' and inserting ``Grants pursuant to--
``(A) paragraph (1)(B) for overtime may not exceed 25
percent of the funds available for grants pursuant to this
subsection for any fiscal year;
``(B) paragraph (1)(C) may not exceed 20 percent of the
funds available for grants pursuant to this subsection in any
fiscal year; and
``(C) paragraph (1)(D) may not exceed 5 percent of the
funds available for grants pursuant to this subsection for
any fiscal year.''.
(c) Additional Grant Projects.--Section 1701(d) of title I
of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3796dd(d)) is amended--
(1) in paragraph (2)--
(A) by inserting ``integrity and ethics'' after
``specialized''; and
(B) by inserting ``and'' after ``enforcement officers'';
(2) in paragraph (7), by inserting ``school officials,
religiously-affiliated organizations,'' after ``enforcement
officers'';
(3) by striking paragraph (8) and inserting the following:
[[Page S9163]]
``(8) establish school-based partnerships between local law
enforcement agencies and local school systems, by using
school resource officers who operate in and around elementary
and secondary schools to serve as a law enforcement liaison
with other Federal, State, and local law enforcement and
regulatory agencies, combat school-related crime and disorder
problems, gang membership and criminal activity, firearms and
explosives-related incidents, illegal use and possession of
alcohol, and the illegal possession, use, and distribution of
drugs;'';
(4) in paragraph (10), by striking ``and'' at the end;
(5) in paragraph (11), by striking the period that appears
at the end and inserting ``; and''; and
(6) by adding at the end the following:
``(12) develop and implement innovative programs (such as
the TRIAD program) that bring together a community's sheriff,
chief of police, and elderly residents to address the public
safety concerns of older citizens.''.
(d) Technical Assistance.--Section 1701(f) of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3796dd(f)) is amended--
(1) in paragraph (1)--
(A) by inserting ``use up to 5 percent of the funds
appropriated under subsection (a) to'' after ``The Attorney
General may''; and
(B) by inserting at the end the following: ``In addition,
the Attorney General may use up to 5 percent of the funds
appropriated under subsections (d), (e), and (f) for
technical assistance and training to States, units of local
government, Indian tribal governments, and to other public
and private entities for those respective purposes.'';
(2) in paragraph (2), by inserting ``under subsection (a)''
after ``the Attorney General''; and
(3) in paragraph (3)--
(A) by striking ``the Attorney General may'' and inserting
``the Attorney General shall'';
(B) by inserting ``regional community policing institutes''
after ``operation of''; and
(C) by inserting ``representatives of police labor and
management organizations, community residents,'' after
``supervisors,''.
(e) Technology and Prosecution Programs.--Section 1701 of
title I of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3796dd) is amended--
(1) by striking subsection (k);
(2) by redesignating subsections (f) through (j) as
subsections (g) through (k); and
(3) by striking subsection (e) and inserting the following:
``(e) Law Enforcement Technology Program.--Grants made
under subsection (a) may be used to assist police
departments, in employing professional, scientific, and
technological advancements that will help them--
``(1) improve police communications through the use of
wireless communications, computers, software, videocams,
databases and other hardware and software that allow law
enforcement agencies to communicate more effectively across
jurisdictional boundaries and effectuate interoperability;
``(2) develop and improve access to crime solving
technologies, including DNA analysis, photo enhancement,
voice recognition, and other forensic capabilities; and
``(3) promote comprehensive crime analysis by utilizing new
techniques and technologies, such as crime mapping, that
allow law enforcement agencies to use real-time crime and
arrest data and other related information--including non-
criminal justice data--to improve their ability to analyze,
predict, and respond pro-actively to local crime and disorder
problems, as well as to engage in regional crime analysis.
``(f) Community-Based Prosecution Program.--Grants made
under subsection (a) may be used to assist State, local or
tribal prosecutors' offices in the implementation of
community-based prosecution programs that build on local
community policing efforts. Funds made available under this
subsection may be used to--
``(1) hire additional prosecutors who will be assigned to
community prosecution programs, including programs that
assign prosecutors to handle cases from specific geographic
areas, to address specific violent crime and other local
crime problems (including intensive illegal gang, gun and
drug enforcement projects and quality of life initiatives),
and to address localized violent and other crime problems
based on needs identified by local law enforcement agencies,
community organizations, and others;
``(2) redeploy existing prosecutors to community
prosecution programs as described in paragraph (1) of this
section by hiring victim and witness coordinators,
paralegals, community outreach, and other such personnel; and
``(3) establish programs to assist local prosecutors'
offices in the implementation of programs that help them
identify and respond to priority crime problems in a
community with specifically tailored solutions.
At least 75 percent of the funds made available under this
subsection shall be reserved for grants under paragraphs (1)
and (2) and of those amounts no more than 10 percent may be
used for grants under paragraph (2) and at least 25 percent
of the funds shall be reserved for grants under paragraphs
(1) and (2) to units of local government with a population of
less than 50,000.''.
(f) Retention Grants.--Section 1703 of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796dd-2) is amended by adding at the end the following:
``(d) Retention Grants.--The Attorney General may use no
more than 50 percent of the funds under subsection (a) to
award grants targeted specifically for retention of police
officers to grantees in good standing, with preference to
those that demonstrate financial hardship or severe budget
constraint that impacts the entire local budget and may
result in the termination of employment for police officers
funded under subsection (b)(1).''.
(g) Definitions.--
(1) Career law enforcement officer.--Section 1709(1) of
title I of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3796dd-8) is amended by inserting after
``criminal laws'' the following: ``including sheriffs
deputies charged with supervising offenders who are released
into the community but also engaged in local community
policing efforts.''.
(2) School resource officer.--Section 1709(4) of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3796dd-8) is amended--
(A) by striking subparagraph (A) and inserting the
following:
``(A) to serve as a law enforcement liaison with other
Federal, State, and local law enforcement and regulatory
agencies, to address and document crime and disorder problems
including gangs and drug activities, firearms and explosives-
related incidents, and the illegal use and possession of
alcohol affecting or occurring in or around an elementary or
secondary school;'';
(B) by striking subparagraph (E) and inserting the
following:
``(E) to train students in conflict resolution, restorative
justice, and crime awareness, and to provide assistance to
and coordinate with other officers, mental health
professionals, and youth counselors who are responsible for
the implementation of prevention/intervention programs within
the schools;''; and
(C) by adding at the end the following:
``(H) to work with school administrators, members of the
local parent teacher associations, community organizers, law
enforcement, fire departments, and emergency medical
personnel in the creation, review, and implementation of a
school violence prevention plan;
``(I) to assist in documenting the full description of all
firearms found or taken into custody on school property and
to initiate a firearms trace and ballistics examination for
each firearm with the local office of the Bureau of Alcohol,
Tobacco, and Firearms;
``(J) to document the full description of all explosives or
explosive devices found or taken into custody on school
property and report to the local office of the Bureau of
Alcohol, Tobacco, and Firearms; and
``(K) to assist school administrators with the preparation
of the Department of Education, Annual Report on State
Implementation of the Gun-Free Schools Act which tracks the
number of students expelled per year for bringing a weapon,
firearm, or explosive to school.''.
(h) Authorization of Appropriations.--Section 1001(a)(11)
of title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3793(a)(11)) is amended--
(1) by amending subparagraph (A) to read as follows:
``(A) There are authorized to be appropriated to carry out
part Q, to remain available until expended--
``(i) $1,150,000,000 for fiscal year 2007;
``(ii) $1,150,000,000 for fiscal year 2008;
``(iii) $1,150,000,000 for fiscal year 2009;
``(iv) $1,150,000,000 for fiscal year 2010;
``(v) $1,150,000,000 for fiscal year 2011; and
``(vi) $1,150,000,000 for fiscal year 2012.''; and
(2) in subparagraph (B)--
(A) by striking ``3 percent'' and inserting ``5 percent'';
(B) by striking ``1701(f)'' and inserting ``1701(g)'';
(C) by striking the second sentence and inserting ``Of the
remaining funds, if there is a demand for 50 percent of
appropriated hiring funds, as determined by eligible hiring
applications from law enforcement agencies having
jurisdiction over areas with populations exceeding 150,000,
no less than 50 percent shall be allocated for grants
pursuant to applications submitted by units of local
government or law enforcement agencies having jurisdiction
over areas with populations exceeding 150,000 or by public
and private entities that serve areas with populations
exceeding 150,000, and no less than 50 percent shall be
allocated for grants pursuant to applications submitted by
units of local government or law enforcement agencies having
jurisdiction over areas with populations less than 150,000 or
by public and private entities that serve areas with
populations less than 150,000.'';
(D) by striking ``85 percent'' and inserting
``$600,000,000''; and
(E) by striking ``1701(b),'' and all that follows through
``of part Q'' and inserting the following: ``1701 (b) and
(c), $350,000,000 to grants for the purposes specified in
section 1701(e), and $200,000,000 to grants for the purposes
specified in section 1701(f).''.
TITLE XIV--PROTECTING TAXPAYERS
SEC. 1401. REPORTS ON METRICS FOR MEASURING SUCCESS IN GLOBAL
WAR ON TERRORISM.
(a) Requirement for Reports.--The Comptroller General of
the United States shall submit to Congress reports on the
metrics for use in tracking and measuring acts of global
terrorism, international
[[Page S9164]]
counterterrorism efforts, and the success of United States
counterterrorism policies and practices including specific,
replicable definitions, criteria, and standards of
measurement to be used for the following:
(1) Counting and categorizing acts of international
terrorism.
(2) Monitoring counterterrorism efforts of foreign
governments.
(3) Monitoring financial support provided to terrorist
groups.
(4) Assessing the success of United States counterterrorism
policies and practices.
(b) Schedule of Reports.--The Comptroller General shall
submit to Congress an initial report under subsection (a) not
later than 1 year after the date of the enactment of this Act
and a second report not later than 1 year after the date on
which the initial report is submitted.
SEC. 1402. PROHIBITION ON PROFITEERING.
(a) Prohibition.--
(1) In general.--Chapter 47 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 1039. War profiteering and fraud relating to military
action, relief, and reconstruction efforts
``(a) Prohibition.--
``(1) In general.--Whoever, in any matter involving a
contract or the provision of goods or services, directly or
indirectly, in connection with a war, military action, or
relief or reconstruction activities within the jurisdiction
of the United States Government, knowingly and willfully--
``(A)(i) executes or attempts to execute a scheme or
artifice to defraud the United States; or
``(ii) materially overvalues any good or service with the
specific intent to defraud and excessively profit from the
war, military action, or relief or reconstruction activities;
shall be fined under paragraph (2), imprisoned not more than
20 years, or both; or
``(B)(i) falsifies, conceals, or covers up by any trick,
scheme, or device a material fact;
``(ii) makes any materially false, fictitious, or
fraudulent statements or representations; or
``(iii) makes or uses any materially false writing or
document knowing the same to contain any materially false,
fictitious or fraudulent statement or entry;
shall be fined under paragraph (2) imprisoned not more than
10 years, or both.
``(2) Fine.--A person convicted of an offense under
paragraph (1) may be fined the greater of--
``(A) $1,000,000; or
``(B) if such person derives profits or other proceeds from
the offense, not more than twice the gross profits or other
proceeds.
``(b) Extraterritorial Jurisdiction.--There is
extraterritorial Federal jurisdiction over an offense under
this section.
``(c) Venue.--A prosecution for an offense under this
section may be brought--
``(1) as authorized by chapter 211 of this title;
``(2) in any district where any act in furtherance of the
offense took place; or
``(3) in any district where any party to the contract or
provider of goods or services is located.''.
(2) Table of sections.--The table of sections for chapter
47 of title 18, United States Code, is amended by adding at
the end the following:
``1039. War profiteering and fraud relating to military
action, relief, and reconstruction efforts.''.
(b) Civil Forfeiture.--Section 981(a)(1)(C) of title 18,
United States Code, is amended by inserting ``1039,'' after
``1032,''.
(c) Criminal Forfeiture.--Section 982(a)(2)(B) of title 18,
United States Code, is amended by striking ``or 1030'' and
inserting ``1030, or 1039''.
(d) RICO.--Section 1956(c)(7)(D) of title 18, United States
Code, is amended by inserting the following: ``, section 1039
(relating to war profiteering and fraud relating to military
action, relief, and reconstruction efforts)'' after
``liquidating agent of financial institution),''.
TITLE XV--OTHER MATTERS
SEC. 1501. SENSE OF CONGRESS ON MILITARY COMMISSIONS FOR THE
TRIAL OF PERSONS DETAINED IN THE GLOBAL WAR ON
TERRORISM.
(a) Findings.--Congress makes the following findings:
(1) The Constitution of the United States grants to
Congress the power ``To define and punish . . . Offenses
against the Law of Nations'', as well as the power ``To
declare War . . . To raise and support Armies . . . [and] To
provide and maintain a Navy.''.
(2) On November 13, 2001, the President issued a military
order establishing military commissions to try individuals
detained in the global war on terrorism.
(3) On June 29, 2006, the Supreme Court held in Hamdan v.
Rumsfeld (126 S. Ct. 2749 (2006)) that--
(A) the authority to establish military commissions ``can
derive only from the powers granted jointly to the President
and Congress in time of war'';
(B) the military commission established by the President to
try Hamdan ``lacks the power to proceed'' because the
procedures governing the commission departed impermissibly
from the procedures governing courts martial and the
requirements of Common Article 3 of the Geneva Conventions;
and
(C) procedures governing military commissions may depart
from the procedures governing courts martial ``only if some
practical need explains deviations from court-martial
practice''.
(b) Sense of Congress.--It is the sense of Congress that--
(1) aliens detained by the United States who are alleged to
have violated the law of war should be tried for their
offenses;
(2) it is in the national interest for Congress to exercise
its authority under the Constitution to enact legislation
authorizing and regulating the use of military commissions to
try and punish offenders against the law of war;
(3) procedures established by Congress for the use of
military commissions should be consistent with the decision
of the Supreme Court in Hamdan v. Rumsfeld;
(4) in drafting legislation for the use of military
commissions, the Committees on Armed Services of the Senate
and the House of Representatives should take into account the
views of professional military lawyers who have experience in
prosecuting, defending, and judging cases under chapter 47 of
title 10, United States Code (the Uniform Code of Military
Justice);
(5) the Committee on Armed Services of the Senate is
drafting a bipartisan proposal on military commissions that
reflects the views of senior military lawyers, and this
process must be allowed to move forward; and
(6) as the Judge Advocate General of the Navy explained in
testimony before the Committee on Armed Services of the
Senate on July 13, 2006, ``[w]e need to think in terms of the
long view, and to always put our own sailors, soldiers,
Marines, and airmen in the place of an accused when we're
drafting these rules to ensure that these rules are
acceptable when we have someone in a future war who faces
similar rules''.
DIVISION C--INTELLIGENCE AUTHORIZATIONS
SEC. 2001. SHORT TITLE.
This division may be cited as the ``Intelligence
Authorization Act for Fiscal Year 2007''.
TITLE XXI--INTELLIGENCE ACTIVITIES
SEC. 2101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal
year 2007 for the conduct of the intelligence and
intelligence-related activities of the following elements of
the United States Government:
(1) The Office of the Director of National Intelligence.
(2) The Central Intelligence Agency.
(3) The Department of Defense.
(4) The Defense Intelligence Agency.
(5) The National Security Agency.
(6) The Department of the Army, the Department of the Navy,
and the Department of the Air Force.
(7) The Department of State.
(8) The Department of the Treasury.
(9) The Department of Energy.
(10) The Department of Justice.
(11) The Federal Bureau of Investigation.
(12) The National Reconnaissance Office.
(13) The National Geospatial-Intelligence Agency.
(14) The Coast Guard.
(15) The Department of Homeland Security.
(16) The Drug Enforcement Administration.
SEC. 2102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.
(a) Specifications of Amounts and Personnel Ceilings.--The
amounts authorized to be appropriated under section 2101, and
the authorized personnel ceilings as of September 30, 2007,
for the conduct of the intelligence and intelligence-related
activities of the elements listed in such section, are those
specified in the classified Schedule of Authorizations
prepared to accompany the conference report on the bill _____
of the One Hundred Ninth Congress and in the Classified Annex
to such report as incorporated in this division under section
2103.
(b) Availability of Classified Schedule of
Authorizations.--The Schedule of Authorizations shall be made
available to the Committees on Appropriations of the Senate
and House of Representatives and to the President. The
President shall provide for suitable distribution of the
Schedule, or of appropriate portions of the Schedule, within
the executive branch.
SEC. 2103. INCORPORATION OF CLASSIFIED ANNEX.
(a) Status of Classified Annex.--The Classified Annex
prepared by the Select Committee on Intelligence of the
Senate to accompany its report on the bill S. __ of the One
Hundred Ninth Congress and transmitted to the President is
hereby incorporated into this division.
(b) Construction With Other Provisions of Division.--Unless
otherwise specifically stated, the amounts specified in the
Classified Annex are not in addition to amounts authorized to
be appropriated by other provisions of this division.
(c) Limitation on Use of Funds.--Funds appropriated
pursuant to an authorization contained in this division that
are made available for a program, project, or activity
referred to in the Classified Annex may only be expended for
such program, project, or activity in accordance with such
terms, conditions, limitations, restrictions, and
requirements as are set out for that program, project, or
activity in the Classified Annex.
(d) Distribution of Classified Annex.--The President shall
provide for appropriate
[[Page S9165]]
distribution of the Classified Annex, or of appropriate
portions of the annex, within the executive branch of the
Government.
SEC. 2104. PERSONNEL CEILING ADJUSTMENTS.
(a) Authority for Adjustments.--With the approval of the
Director of the Office of Management and Budget, the Director
of National Intelligence may authorize employment of civilian
personnel in excess of the number authorized for fiscal year
2007 under section 2102 when the Director of National
Intelligence determines that such action is necessary to the
performance of important intelligence functions, except that
the number of personnel employed in excess of the number
authorized under such section may not, for any element of the
intelligence community, exceed 2 percent of the number of
civilian personnel authorized under such section for such
element.
(b) Notice to Intelligence Committees.--The Director of
National Intelligence shall promptly notify the Select
Committee on Intelligence of the Senate and the Permanent
Select Committee on Intelligence of the House of
Representatives whenever the Director exercises the authority
granted by this section.
SEC. 2105. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.
(a) Authorization of Appropriations.--There is authorized
to be appropriated for the Intelligence Community Management
Account of the Director of National Intelligence for fiscal
year 2007 the sum of $648,952,000. Within such amount, funds
identified in the classified Schedule of Authorizations
referred to in section 2102(a) for advanced research and
development shall remain available until September 30, 2008.
(b) Authorized Personnel Levels.--The elements within the
Intelligence Community Management Account of the Director of
National Intelligence are authorized 1,575 full-time
personnel as of September 30, 2007. Personnel serving in such
elements may be permanent employees of the Intelligence
Community Management Account or personnel detailed from other
elements of the United States Government.
(c) Classified Authorizations.--
(1) Authorization of appropriations.--In addition to
amounts authorized to be appropriated for the Intelligence
Community Management Account by subsection (a), there are
also authorized to be appropriated for the Intelligence
Community Management Account for fiscal year 2007 such
additional amounts as are specified in the classified
Schedule of Authorizations referred to in section 2102(a).
Such additional amounts for research and development shall
remain available until September 30, 2008.
(2) Authorization of personnel.--In addition to the
personnel authorized by subsection (b) for elements of the
Intelligence Community Management Account as of September 30,
2007, there are also authorized such additional personnel for
such elements as of that date as are specified in the
classified Schedule of Authorizations.
(d) Reimbursement.--Except as provided in section 113 of
the National Security Act of 1947 (50 U.S.C. 404h), during
fiscal year 2007 any officer or employee of the United States
or a member of the Armed Forces who is detailed to the staff
of the Intelligence Community Management Account from another
element of the United States Government shall be detailed on
a reimbursable basis, except that any such officer, employee,
or member may be detailed on a nonreimbursable basis for a
period of less than one year for the performance of temporary
functions as required by the Director of National
Intelligence.
SEC. 2106. INCORPORATION OF REPORTING REQUIREMENTS.
(a) In General.--Each requirement to submit a report to the
congressional intelligence committees that is included in the
joint explanatory statement to accompany the conference
report on the bill ____ of the One Hundred Ninth Congress, or
in the classified annex to this division, is hereby
incorporated into this division, and is hereby made a
requirement in law.
(b) Congressional Intelligence Committees Defined.--In this
section, the term ``congressional intelligence committees''
means--
(1) the Select Committee on Intelligence of the Senate; and
(2) the Permanent Select Committee on Intelligence of the
House of Representatives.
SEC. 2107. AVAILABILITY TO PUBLIC OF CERTAIN INTELLIGENCE
FUNDING INFORMATION.
(a) Amounts Requested Each Fiscal Year.--The President
shall disclose to the public for each fiscal year after
fiscal year 2007 the aggregate amount of appropriations
requested in the budget of the President for such fiscal year
for the National Intelligence Program.
(b) Amounts Authorized and Appropriated Each Fiscal Year.--
Congress shall disclose to the public for each fiscal year
after fiscal year 2006 the aggregate amount of funds
authorized to be appropriated, and the aggregate amount of
funds appropriated, by Congress for such fiscal year for the
National Intelligence Program.
(c) Study on Disclosure of Additional Information.--
(1) In general.--The Director of National Intelligence
shall conduct a study to assess the advisability of
disclosing to the public amounts as follows:
(A) The aggregate amount of appropriations requested in the
budget of the President for each fiscal year for each element
of the intelligence community.
(B) The aggregate amount of funds authorized to be
appropriated, and the aggregate amount of funds appropriated,
by Congress for each fiscal year for each element of the
intelligence community.
(2) Requirements.--The study required by paragraph (1)
shall--
(A) address whether or not the disclosure to the public of
the information referred to in that paragraph would harm the
national security of the United States; and
(B) take into specific account concerns relating to the
disclosure of such information for each element of the
intelligence community.
(3) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director shall submit to Congress
a report on the study required by paragraph (1).
SEC. 2108. RESPONSE OF INTELLIGENCE COMMUNITY TO REQUESTS
FROM CONGRESS FOR INTELLIGENCE DOCUMENTS AND
INFORMATION.
(a) In General.--Title V of the National Security Act of
1947 (50 U.S.C. 413 et seq.) is amended by adding at the end
the following new section:
``RESPONSE OF INTELLIGENCE COMMUNITY TO REQUESTS FROM CONGRESS FOR
INTELLIGENCE DOCUMENTS AND INFORMATION
``Sec. 508. (a) Requests of Committees.--The Director of
National Intelligence, the Director of the National
Counterterrorism Center, the Director of a national
intelligence center, or the head of any other department,
agency, or element of the Federal Government, or other
organization within the Executive branch, that is an element
of the intelligence community shall, not later than 15 days
after receiving a request for any intelligence assessment,
report, estimate, legal opinion, or other intelligence
information from the Select Committee on Intelligence of the
Senate, the Permanent Select Committee on Intelligence of the
House of Representatives, or any other committee of Congress
with jurisdiction over the subject matter to which
information in such assessment, report, estimate, legal
opinion, or other information relates, make available to such
committee such assessment, report, estimate, legal opinion,
or other information, as the case may be.
``(b) Requests of Certain Members.--(1) The Director of
National Intelligence, the Director of the National
Counterterrorism Center, the Director of a national
intelligence center, or the head of any other department,
agency, or element of the Federal Government, or other
organization within the Executive branch, that is an element
of the intelligence community shall respond, in the time
specified in subsection (a), to a request described in that
subsection from the Chairman or Vice Chairman of the Select
Committee on Intelligence of the Senate or the Chairman or
Ranking Member of the Permanent Select Committee on
Intelligence of the House of Representatives.
``(2) Upon making a request covered by paragraph (1)--
``(A) the Chairman or Vice Chairman, as the case may be, of
the Select Committee on Intelligence of the Senate shall
notify the other of the Chairman or Vice Chairman of such
request; and
``(B) the Chairman or Ranking Member, as the case may be,
of the Permanent Select Committee on Intelligence of the
House of Representatives shall notify the other of the
Chairman or Ranking Member of such request.
``(c) Assertion of Privilege.--In response to a request
covered by subsection (a) or (b), the Director of National
Intelligence, the Director of the National Counterterrorism
Center, the Director of a national intelligence center, or
the head of any other department, agency, or element of the
Federal Government, or other organization within the
Executive branch, that is an element of the intelligence
community shall provide the document or information covered
by such request unless the President certifies that such
document or information is not being provided because the
President is asserting a privilege pursuant to the
Constitution of the United States.''.
(b) Clerical Amendment.--The table of contents in the first
section of that Act is amended by inserting after the item
relating to section 507 the following new item:
``Sec. 508. 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.
There is authorized to be appropriated for the Central
Intelligence Agency Retirement and Disability Fund for fiscal
year 2007 the sum of $256,400,000.
TITLE XXIII--INTELLIGENCE AND GENERAL INTELLIGENCE COMMUNITY MATTERS
SEC. 2301. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS
AUTHORIZED BY LAW.
Appropriations authorized by this division for salary, pay,
retirement, and other benefits for Federal employees may be
increased by such additional or supplemental amounts as may
be necessary for increases in such compensation or benefits
authorized by law.
[[Page S9166]]
SEC. 2302. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.
The authorization of appropriations by this division shall
not be deemed to constitute authority for the conduct of any
intelligence activity which is not otherwise authorized by
the Constitution or the laws of the United States.
SEC. 2303. CLARIFICATION OF DEFINITION OF INTELLIGENCE
COMMUNITY UNDER THE NATIONAL SECURITY ACT OF
1947.
Subparagraph (L) of section 3(4) of the National Security
Act of 1947 (50 U.S.C. 401a(4)) is amended by striking
``other'' the second place it appears.
SEC. 2304. IMPROVEMENT OF NOTIFICATION OF CONGRESS REGARDING
INTELLIGENCE ACTIVITIES OF THE UNITED STATES
GOVERNMENT.
(a) Clarification of Definition of Congressional
Intelligence Committees To Include All Members of
Committees.--Section 3(7) of the National Security Act of
1947 (50 U.S.C. 401a(7)) is amended--
(1) in subparagraph (A), by inserting ``, and includes each
member of the Select Committee'' before the semicolon; and
(2) in subparagraph (B), by inserting ``, and includes each
member of the Permanent Select Committee'' before the period.
(b) Notice on Information Not Disclosed.--
(1) In general.--Section 502 of such Act (50 U.S.C. 413a)
is amended--
(A) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(B) by inserting after subsection (a) the following new
subsection (b):
``(b) Notice on Information Not Disclosed.--(1) If the
Director of National Intelligence or the head of a
department, agency, or other entity of the United States
Government does not provide information required by
subsection (a) in full or to all the members of the
congressional intelligence committees and requests that such
information not be provided in full or to all members of the
congressional intelligence committees, the Director shall, in
a timely fashion--
``(A) notify all the members of such committees of the
determination not to provide such information in full or to
all members of such committees, as the case may be, including
a statement of the reasons for such determination; and
``(B) submit, in writing, to all the members of such
committees a summary of the intelligence activities covered
by such determination that provides sufficient information to
permit such members to assess the legality, benefits, costs,
and advisability of such activities.
``(2) Nothing in this subsection shall be construed as
authorizing less than full and current disclosure to all the
members of the Select Committee on Intelligence of the Senate
and the Permanent Select Committee on Intelligence of the
House of Representatives of any information necessary to keep
all the members of such committees fully and currently
informed on all intelligence activities covered by this
section.''.
(2) Conforming amendment.--Subsection (d) of such section,
as redesignated by paragraph (1)(A) of this subsection, is
amended by striking ``subsection (b)'' and inserting
``subsections (b) and (c)''.
(c) Reports and Notice on Covert Actions.--
(1) Form and content of certain reports.--Subsection (b) of
section 503 of such Act (50 U.S.C. 413b) is amended--
(A) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(B) by inserting ``(1)'' after ``(b)''; and
(C) by adding at the end the following new paragraph:
``(2) Any report relating to a covert action that is
submitted to the congressional intelligence committees for
the purposes of paragraph (1) shall be in writing, and shall
contain the following:
``(A) A concise statement of any facts pertinent to such
report.
``(B) An explanation of the significance of the covert
action covered by such report.''.
(2) Notice on information not disclosed.--Subsection (c) of
such section is amended by adding at the end the following
new paragraph:
``(5) If the Director of National Intelligence or the head
of a department, agency, or other entity of the United States
Government does not provide information required by
subsection (b)(2) in full or to all the members of the
congressional intelligence committees, and requests that such
information not be provided in full or to all members of the
congressional intelligence committees, for the reason
specified in paragraph (2), the Director shall, in a timely
fashion--
``(A) notify all the members of such committees of the
determination not to provide such information in full or to
all members of such committees, as the case may be, including
a statement of the reasons for such determination; and
``(B) submit, in writing, to all the members of such
committees a summary of the covert action covered by such
determination that provides sufficient information to permit
such members to assess the legality, benefits, costs, and
advisability of such covert action.''.
(3) Modification of nature of change of covert action
triggering notice requirements.--Subsection (d) of such
section is amended by striking ``significant'' the first
place it appears.
SEC. 2305. DELEGATION OF AUTHORITY FOR TRAVEL ON COMMON
CARRIERS FOR INTELLIGENCE COLLECTION PERSONNEL.
(a) Delegation of Authority.--Section 116(b) of the
National Security Act of 1947 (50 U.S.C. 404k(b)) is
amended--
(1) by inserting ``(1)'' before ``The Director'';
(2) in paragraph (1), by striking ``may only delegate'' and
all that follows and inserting ``may delegate the authority
in subsection (a) to the head of any other element of the
intelligence community.''; and
(3) by adding at the end the following new paragraph:
``(2) The head of an element of the intelligence community
to whom the authority in subsection (a) is delegated pursuant
to paragraph (1) may further delegate such authority to such
senior officials of such element as are specified in
guidelines prescribed by the Director of National
Intelligence for purposes of this paragraph.''.
(b) Submittal of Guidelines to Congress.--Not later than
six months after the date of the enactment of this Act, the
Director of National Intelligence shall prescribe and submit
to the congressional intelligence committees the guidelines
referred to in paragraph (2) of section 116(b) of the
National Security Act of 1947, as added by subsection (a).
(c) Congressional Intelligence Committees Defined.--In this
section, the term ``congressional intelligence committees''
means--
(1) the Select Committee on Intelligence of the Senate; and
(2) the Permanent Select Committee on Intelligence of the
House of Representatives.
SEC. 2306. MODIFICATION OF AVAILABILITY OF FUNDS FOR
DIFFERENT INTELLIGENCE ACTIVITIES.
Subparagraph (B) of section 504(a)(3) of the National
Security Act of 1947 (50 U.S.C. 414(a)(3)) is amended to read
as follows:
``(B) the use of such funds for such activity supports an
emergent need, improves program effectiveness, or increases
efficiency; and''.
SEC. 2307. ADDITIONAL LIMITATION ON AVAILABILITY OF FUNDS FOR
INTELLIGENCE AND INTELLIGENCE-RELATED
ACTIVITIES.
Section 504 of the National Security Act of 1947 (50 U.S.C.
414) is amended--
(1) in subsection (a), by inserting ``the congressional
intelligence committees have been fully and currently
informed of such activity and if'' after ``only if'';
(2) by redesignating subsections (b), (c), (d), and (e) as
subsections (c), (d), (e), and (f), respectively; and
(3) by inserting after subsection (a) the following new
subsection (b):
``(b) In any case in which notice to the congressional
intelligence committees on an intelligence or intelligence-
related activity is covered by section 502(b), or in which
notice to the congressional intelligence committees on a
covert action is covered by section 503(c)(5), the
congressional intelligence committees shall be treated as
being fully and currently informed on such activity or covert
action, as the case may be, for purposes of subsection (a) if
the requirements of such section 502(b) or 503(c)(5), as
applicable, have been met.''.
SEC. 2308. INCREASE IN PENALTIES FOR DISCLOSURE OF UNDERCOVER
INTELLIGENCE OFFICERS AND AGENTS.
(a) Disclosure of Agent After Access to Information
Identifying Agent.--Subsection (a) of section 601 of the
National Security Act of 1947 (50 U.S.C. 421) is amended by
striking ``ten years'' and inserting ``15 years''.
(b) Disclosure of Agent After Access to Classified
Information.--Subsection (b) of such section is amended by
striking ``five years'' and inserting ``ten years''.
SEC. 2309. RETENTION AND USE OF AMOUNTS PAID AS DEBTS TO
ELEMENTS OF THE INTELLIGENCE COMMUNITY.
(a) In General.--Title XI of the National Security Act of
1947 (50 U.S.C. 442 et seq.) is amended by adding at the end
the following new section:
``RETENTION AND USE OF AMOUNTS PAID AS DEBTS TO ELEMENTS OF THE
INTELLIGENCE COMMUNITY
``Sec. 1103. (a) Authority To Retain Amounts Paid.--
Notwithstanding section 3302 of title 31, United States Code,
or any other provision of law, the head of an element of the
intelligence community may retain amounts paid or reimbursed
to the United States, including amounts paid by an employee
of the Federal Government from personal funds, for repayment
of a debt owed to the element of the intelligence community.
``(b) Crediting of Amounts Retained.--(1) Amounts retained
under subsection (a) shall be credited to the current
appropriation or account from which such funds were derived
or whose expenditure formed the basis for the underlying
activity from which the debt concerned arose.
``(2) Amounts credited to an appropriation or account under
paragraph (1) shall be merged with amounts in such
appropriation or account, and shall be available in
accordance with subsection (c).
``(c) Availability of Amounts.--Amounts credited to an
appropriation or account under subsection (b) with respect to
a debt owed to an element of the intelligence community shall
be available to the head of such element, for such time as is
applicable to amounts in such appropriation or account, or
such longer time as may be provided by law, for purposes as
follows:
[[Page S9167]]
``(1) In the case of a debt arising from lost or damaged
property of such element, the repair of such property or the
replacement of such property with alternative property that
will perform the same or similar functions as such property.
``(2) The funding of any other activities authorized to be
funded by such appropriation or account.
``(d) Debt Owed to an Element of the Intelligence Community
Defined.--In this section, the term `debt owed to an element
of the intelligence community' means any of the following:
``(1) A debt owed to an element of the intelligence
community by an employee or former employee of such element
for the negligent or willful loss of or damage to property of
such element that was procured by such element using
appropriated funds.
``(2) A debt owed to an element of the intelligence
community by an employee or former employee of such element
as repayment for default on the terms and conditions
associated with a scholarship, fellowship, or other
educational assistance provided to such individual by such
element, whether in exchange for future services or
otherwise, using appropriated funds.
``(3) Any other debt or repayment owed to an element of the
intelligence community by a private person or entity by
reason of the negligent or willful action of such person or
entity, as determined by a court of competent jurisdiction or
in a lawful administrative proceeding.''.
(b) Clerical Amendment.--The table of contents in the first
section of that Act is amended by adding at the end the
following new item:
``Sec. 1103. 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.
(a) In General.--Subsection (b) of section 552a of title 5,
United States Code, is amended--
(1) in paragraph (11), by striking ``or'' at the end;
(2) in paragraph (12), by striking the period and inserting
``; or''; and
(3) by adding at the end the following new paragraph:
``(13) to an element of the intelligence community set
forth in or designated under section 3(4) of the National
Security Act of 1947 (50 U.S.C. 401a(4))--
``(A) by another element of the intelligence community that
maintains the record, if the record is relevant to a lawful
and authorized foreign intelligence or counterintelligence
activity conducted by the receiving element of the
intelligence community and pertains to an identifiable
individual or, upon the authorization of the Director of
National Intelligence (or a designee of the Director in a
position not lower than Deputy Director of National
Intelligence), other than an identifiable individual; or
``(B) by any other agency that maintains the record, if--
``(i) the head of the element of the intelligence community
makes a written request to that agency specifying the
particular portion of the record that is relevant to a lawful
and authorized activity of the element of the intelligence
community to protect against international terrorism or the
proliferation of weapons of mass destruction; or
``(ii) the head of that agency determines that--
``(I) the record, or particular portion thereof,
constitutes terrorism information (as that term is defined in
section 1016(a)(4) of the National Security Intelligence
Reform Act of 2004 (title I of Public Law 108-458)) or
information concerning the proliferation of weapons of mass
destruction; and
``(II) the disclosure of the record, or particular portion
thereof, will be to an element of the intelligence community
authorized to collect and analyze foreign intelligence or
counterintelligence information related to international
terrorism or the proliferation of weapons of mass
destruction.''.
(b) Exemption From Certain Privacy Act Requirements for
Record Access and Accounting for Disclosures.--Elements of
the intelligence community set forth in or designated under
section 3(4) of the National Security Act of 1947 (50 U.S.C.
401a(4)) receiving a disclosure under subsection (b)(13) of
section 552a of title 5, United States Code, shall not be
required to comply with subsection (c)(3), (c)(4), or (d) of
such section 552a with respect to such disclosure, or the
records, or portions thereof, disclosed under subsection
(b)(13) of such section 552a.
(c) Consultation on Determinations of Information Type.--
Such section is further amended by adding at the end the
following new subsection:
``(w) Authority To Consult on Determinations of Information
Type.--When determining for purposes of subsection
(b)(13)(B)(ii) whether a record constitutes terrorism
information (as that term is defined in section 1016(a)(4))
of the National Security Intelligence Reform Act of 2004
(title I of Public Law 108-458; 118 Stat. 3665)) or
information concerning the proliferation of weapons of mass
destruction, the head of an agency may consult with the
Director of National Intelligence or the Attorney General.''.
(d) Construction.--Nothing in the amendments made by this
section shall be deemed to constitute authority for the
receipt, collection, or retention of information unless the
receipt, collection, or retention of such information by the
element of the intelligence community concerned is otherwise
authorized by the Constitution, laws, or Executive orders of
the United States.
(e) Recordkeeping Requirements.--
(1) Retention of requests.--Any request made by the head of
an element of the intelligence community to another
department or agency of the Federal Government under
paragraph (13)(B)(i) of section 552a(b) of title 5, United
States Code (as added by subsection (a)), shall be
retained by such element of the intelligence community in
a manner consistent with the protection of intelligence
sources and methods. Any request so retained should be
accompanied by an explanation that supports the assertion
of the element of the intelligence community requesting
the record that the information was, at the time of
request, relevant to a lawful and authorized activity to
protect against international terrorism or the
proliferation of weapons of mass destruction.
(2) Access to retained requests.--An element of the
intelligence community retaining a request, and any
accompanying explanation, under paragraph (1) shall,
consistent with the protection of intelligence sources and
methods, provide access to such request, and any accompanying
explanation, to the following:
(A) The head of the department or agency of the Federal
Government receiving such request, or the designee of the
head of such department or agency, if--
(i) the access of such official to such request, and any
accompanying explanation, is consistent with the protection
of intelligence sources and methods;
(ii) such official is appropriately cleared for access to
such request, and any accompanying explanation; and
(iii) the access of such official to such request, and any
accompanying explanation, is necessary for the performance of
the duties of such official.
(B) The Select Committee on Intelligence of the Senate or
the Permanent Select Committee on Intelligence of the House
of Representatives.
(C) The Inspector General of any element of the
intelligence community having jurisdiction over the matter.
(f) Reports.--
(1) Annual reports.--Not later than one year after the date
of the enactment of this Act, and annually thereafter through
the termination of this section and the amendments made by
this section under subsection (j), the Director of National
Intelligence and the Attorney General, in coordination with
the Privacy and Civil Liberties Oversight Board, shall
jointly submit to the appropriate committees of Congress a
report on the administration of this section and the
amendments made by this section.
(2) Final report.--Not later than six months before the
date specified in subsection (j), the Director of National
Intelligence and the Attorney General, in coordination with
the Privacy and Civil Liberties Oversight Board, shall
jointly submit to the appropriate committees of Congress a
report on administration of this section and the amendments
made by this section. The report shall include the
recommendations of the Director and the Attorney General, as
they consider appropriate, regarding the continuation in
effect of such amendments after such date.
(3) Review and report by privacy and civil liberties
oversight board.--Not later than six months before the date
specified in subsection (j), the Privacy and Civil Liberties
Oversight Board shall--
(A) review the administration of the amendments made by
this section; and
(B) in a manner consistent with section 1061(c)(1) of the
National Security Intelligence Reform Act of 2004 (title I of
Public Law 108-458; 118 Stat. 3684; 5 U.S.C. 601 note),
submit to the appropriate committees of Congress a report
providing such advice and counsel on the administration of
this section and the amendments made by this section as the
Board considers appropriate.
(4) Form of reports.--Each report under this subsection
shall, to the maximum extent practicable, be submitted in
unclassified form. Any classified annex included with such a
report shall be submitted to the Select Committee on
Intelligence of the Senate and the Permanent Select Committee
on Intelligence of the House of Representatives.
(g) Guidelines.--
(1) In general.--Not later than six months after the date
of the enactment of this Act, the Attorney General and the
Director of National Intelligence shall, in consultation with
the Secretary of Defense and other appropriate officials,
jointly prescribe guidelines governing the implementation and
exercise of the authorities provided in this section and the
amendments made by this section.
(2) Elements.--The guidelines prescribed under paragraph
(1) shall--
(A) ensure that the authorities provided under paragraph
(13) of section 552a(b) of title 5, United States Code (as
added by subsection (a)), are implemented in a manner that
protects the rights under the Constitution of United States
persons;
(B) direct that all applicable policies and procedures
governing the receipt, collection, retention, analysis, and
dissemination of foreign intelligence information concerning
United States persons are appropriately followed; and
(C) provide that the authorities provided under paragraph
(13) of section 552a(b) of title 5, United States Code (as so
added), are
[[Page S9168]]
implemented in a manner consistent with existing laws,
regulations, and Executive orders governing the conduct of
intelligence activities.
(3) Form.--The guidelines prescribed under paragraph (1)
shall be unclassified, to the maximum extent practicable, but
may include a classified annex.
(4) Submittal to congress.--The guidelines prescribed under
paragraph (1) shall be submitted to the appropriate
committees of Congress. Any classified annex included with
such guidelines shall be submitted to the Select Committee on
Intelligence of the Senate and the Permanent Select Committee
on Intelligence of the House of Representatives.
(h) Effective Date.--
(1) In general.--Except as provided in paragraph (2), this
section and the amendments made by this section shall take
effect on the date of the issuance of the guidelines required
by subsection (g).
(2) Certain requirements.--Subsections (f) and (g) shall
take effect on the date of the enactment of this Act.
(i) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Homeland Security and Governmental
Affairs and the Select Committee on Intelligence of the
Senate; and
(2) the Committee on Government Reform and the Permanent
Select Committee on Intelligence of the House of
Representatives.
(j) Termination.--This section and the amendments made by
this section shall cease to have effect on the date that is
three years after the date of the issuance of the guidelines
required by subsection (g).
SEC. 2311. EXTENSION TO INTELLIGENCE COMMUNITY OF AUTHORITY
TO DELETE INFORMATION ABOUT RECEIPT AND
DISPOSITION OF FOREIGN GIFTS AND DECORATIONS.
Paragraph (4) of section 7342(f) of title 5, United States
Code, is amended to read as follows:
``(4)(A) In transmitting such listings for an element of
the intelligence community, the head of such element may
delete the information described in subparagraphs (A) and (C)
of paragraphs (2) and (3) if the head of such element
certifies in writing to the Secretary of State that the
publication of such information could adversely affect United
States intelligence sources or methods.
``(B) Any information not provided to the Secretary of
State pursuant to the authority in subparagraph (A) shall be
transmitted to the Director of National Intelligence.
``(C) In this paragraph, the term `element of the
intelligence community' means an element of the intelligence
community listed in or designated under section 3(4) of the
National Security Act of 1947 (50 U.S.C. 401a(4)).''.
SEC. 2312. AVAILABILITY OF FUNDS FOR TRAVEL AND
TRANSPORTATION OF PERSONAL EFFECTS, HOUSEHOLD
GOODS, AND AUTOMOBILES.
(a) Funds of Office of Director of National Intelligence.--
Funds appropriated to the Office of the Director of National
Intelligence and available for travel and transportation
expenses shall be available for such expenses when any part
of the travel or transportation concerned begins in a fiscal
year pursuant to travel orders issued in such fiscal year,
notwithstanding that such travel or transportation is or may
not be completed during such fiscal year.
(b) Funds of Central Intelligence Agency.--Funds
appropriated to the Central Intelligence Agency and available
for travel and transportation expenses shall be available for
such expenses when any part of the travel or transportation
concerned begins in a fiscal year pursuant to travel orders
issued in such fiscal year, notwithstanding that such travel
or transportation is or may not be completed during such
fiscal year.
(c) Travel and Transportation Expenses Defined.--In this
section, the term ``travel and transportation expenses''
means the following:
(1) Expenses in connection with travel of personnel,
including travel of dependents.
(2) Expenses in connection with transportation of personal
effects, household goods, or automobiles of personnel.
SEC. 2313. DIRECTOR OF NATIONAL INTELLIGENCE REPORT ON
COMPLIANCE WITH THE DETAINEE TREATMENT ACT OF
2005.
(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Director of National
Intelligence shall submit to the congressional intelligence
committees a comprehensive report on all measures taken by
the Office of the Director of National Intelligence and by
each element, if any, of the intelligence community with
relevant responsibilities to comply with the provisions of
the Detainee Treatment Act of 2005 (title X of division A of
Public Law 109-148).
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) A description of the detention or interrogation
methods, if any, that have been determined to comply with
section 1003 of the Detainee Treatment Act of 2005 (119 Stat.
2739; 42 U.S.C. 2000dd), and, with respect to each such
method--
(A) an identification of the official making such
determination; and
(B) a statement of the basis for such determination.
(2) A description of the detention or interrogation
methods, if any, whose use has been discontinued pursuant to
the Detainee Treatment Act of 2005, and, with respect to each
such method--
(A) an identification of the official making the
determination to discontinue such method; and
(B) a statement of the basis for such determination.
(3) A description of any actions that have been taken to
implement section 1004 of the Detainee Treatment Act of 2005
(119 Stat. 2740; 42 U.S.C. 2000dd-1), and, with respect to
each such action--
(A) an identification of the official taking such action;
and
(B) a statement of the basis for such action.
(4) Any other matters that the Director considers necessary
to fully and currently inform the congressional intelligence
committees about the implementation of the Detainee Treatment
Act of 2005.
(5) An appendix containing--
(A) all guidelines for the application of the Detainee
Treatment Act of 2005 to the detention or interrogation
activities, if any, of any element of the intelligence
community; and
(B) all legal opinions of any office or official of the
Department of Justice about the meaning or application of
Detainee Treatment Act of 2005 with respect to the detention
or interrogation activities, if any, of any element of the
intelligence community.
(c) Form.--The report required by subsection (a) shall be
submitted in classified form.
(d) Definitions.--In this section:
(1) The term ``congressional intelligence committees''
means--
(A) the Select Committee on Intelligence of the Senate; and
(B) the Permanent Select Committee of the House of
Representatives.
(2) The term ``intelligence community'' means the elements
of the intelligence community specified in or designated
under section 3(4) of the National Security Act of 1947 (50
U.S.C. 401a(4)).
SEC. 2314. REPORT ON ALLEGED CLANDESTINE DETENTION FACILITIES
FOR INDIVIDUALS CAPTURED IN THE GLOBAL WAR ON
TERRORISM.
(a) In General.--The President shall ensure that the United
States Government continues to comply with the authorization,
reporting, and notification requirements of title V of the
National Security Act of 1947 (50 U.S.C. 413 et seq.).
(b) Director of National Intelligence Report.--
(1) Report required.--Not later than 60 days after the date
of the enactment of this Act, the Director of National
Intelligence shall provide to the members of the Select
Committee on Intelligence of the Senate and the Permanent
Select Committee on Intelligence of the House of
Representatives a detailed report setting forth the nature
and cost of, and otherwise providing a full accounting on,
any clandestine prison or detention facility currently or
formerly operated by the United States Government, regardless
of location, where detainees in the global war on terrorism
are or were being held.
(2) Elements.--The report required by paragraph (1) shall
set forth, for each prison or facility, if any, covered by
such report, the following:
(A) The location and size of such prison or facility.
(B) If such prison or facility is no longer being operated
by the United States Government, the disposition of such
prison or facility.
(C) The number of detainees currently held or formerly
held, as the case may be, at such prison or facility.
(D) Any plans for the ultimate disposition of any detainees
currently held at such prison or facility.
(E) A description of the interrogation procedures used or
formerly used on detainees at such prison or facility and a
determination, in coordination with other appropriate
officials, on whether such procedures are or were in
compliance with United States obligations under the Geneva
Conventions and the Convention Against Torture.
(3) Form of report.--The report required by paragraph (1)
shall be submitted in classified form.
SEC. 2315. SENSE OF CONGRESS ON ELECTRONIC SURVEILLANCE.
(a) Findings.--Congress makes the following findings:
(1) United States government authorities should have the
legal authority to engage in electronic surveillance of any
telephone conversation in which one party is reasonably
believed to be a member or agent of a terrorist organization.
(2) Absent emergency or other appropriate circumstances,
domestic electronic surveillance should be subject to
judicial review in order to protect the privacy of law
abiding Americans with no ties to terrorism.
(3) The Foreign Intelligence Surveillance Act of 1978
(FISA) authorizes the President to obtain a warrant for the
electronic surveillance of any telephone conversation in
which one party is reasonably believed to be a member or
agent of a terrorist organization. That Act also establishes
procedures for engaging in electronic surveillance without a
warrant on a temporary basis when emergency circumstances
make obtaining a warrant impractical.
(4) During the quarter century since the enactment of the
Foreign Intelligence Surveillance Act of 1978, the Foreign
Intelligence Surveillance Court has issued a warrant for
electronic surveillance in response
[[Page S9169]]
to all but 5 of the approximately 19,000 applications for
such a warrant.
(5) Congress has amended the Foreign Intelligence
Surveillance Act of 1978 numerous times, including six times
since September 11, 2001, to streamline the procedures for
obtaining a warrant from the Foreign Intelligence
Surveillance Court.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Select Committee on Intelligence of the Senate and
the Permanent Select Committee on Intelligence of the House
of Representatives must be fully briefed on the history,
operation, and usefulness of the warrantless wiretapping
program carried out by the National Security Agency;
(2) Congress should modify the Foreign Intelligence
Surveillance Act of 1978 as needed to ensure that the
government may engage in electronic surveillance of telephone
conversations in which one party is reasonably believed to be
a member or agent of a terrorist organization;
(3) the requirement that the government must, absent
emergency or other appropriate circumstances, obtain a
judicial warrant prior to engaging in electronic surveillance
of a United States person should remain in place to protect
the privacy of law abiding Americans with no ties to
terrorism; and
(4) the President is not above the law and must abide by
congressionally-enacted procedures for engaging in 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.
Section 102A(g)(1) of the National Security Act of 1947 (50
U.S.C. 403-1(g)(1)) is amended--
(1) in subparagraph (E), by striking ``and'' at the end;
(2) in subparagraph (F), by striking the period and
inserting a semicolon; and
(3) by adding at the end the following the following new
subparagraphs:
``(G) in carrying out this subsection, have the authority--
``(i) to direct the development, deployment, and
utilization of systems of common concern for elements of the
intelligence community, or that support the activities of
such elements, related to the collection, processing,
analysis, exploitation, and dissemination of intelligence
information; and
``(ii) without regard to any provision of law relating to
the transfer, reprogramming, obligation, or expenditure of
funds, other than the provisions of this Act and the National
Security Intelligence Reform Act of 2004 (title I of Public
Law 108-458), to expend funds for purposes associated with
the development, deployment, and utilization of such systems,
which funds may be received and utilized by any department,
agency, or other element of the United States Government for
such purposes; and
``(H) for purposes of addressing critical gaps in
intelligence information sharing or access capabilities, have
the authority to transfer funds appropriated for a program
within the National Intelligence Program to a program funded
by appropriations not within the National Intelligence
Program, consistent with paragraphs (3) through (7) of
subsection (d).''.
SEC. 2402. MODIFICATION OF LIMITATION ON DELEGATION BY THE
DIRECTOR OF NATIONAL INTELLIGENCE OF THE
PROTECTION OF INTELLIGENCE SOURCES AND METHODS.
Section 102A(i)(3) of the National Security Act of 1947 (50
U.S.C. 403-1(i)(3)) is amended by inserting before the period
the following: ``, any Deputy Director of National
Intelligence, or the Chief Information Officer of the
Intelligence Community''.
SEC. 2403. AUTHORITY OF THE DIRECTOR OF NATIONAL INTELLIGENCE
TO MANAGE ACCESS TO HUMAN INTELLIGENCE
INFORMATION.
Section 102A(b) of the National Security Act of 1947 (50
U.S.C. 403-1(b)) is amended--
(1) by inserting ``(1)'' before ``Unless''; and
(2) by adding at the end the following new paragraph:
``(2) The Director of National Intelligence shall--
``(A) have access to all national intelligence, including
intelligence reports, operational data, and other associated
information, concerning the human intelligence operations of
any element of the intelligence community authorized to
undertake such collection;
``(B) consistent with the protection of intelligence
sources and methods and applicable requirements in Executive
Order 12333 (or any successor order) regarding the retention
and dissemination of information concerning United States
persons, ensure maximum access to the intelligence
information contained in the information referred to in
subparagraph (A) throughout the intelligence community; and
``(C) consistent with subparagraph (B), provide within the
Office of the Director of National Intelligence a mechanism
for intelligence community analysts and other officers with
appropriate clearances and an official need-to-know to gain
access to information referred to in subparagraph (A) or (B)
when relevant to their official responsibilities.''.
SEC. 2404. ADDITIONAL ADMINISTRATIVE AUTHORITY OF THE
DIRECTOR OF NATIONAL INTELLIGENCE.
Section 102A of the National Security Act of 1947 (50
U.S.C. 403-1) is amended by adding at the end the following
new subsection:
``(s) Additional Administrative Authorities.--(1)
Notwithstanding section 1532 of title 31, United States Code,
or any other provision of law prohibiting the interagency
financing of activities described in clause (i) or (ii) of
subparagraph (A), in the performance of the responsibilities,
authorities, and duties of the Director of National
Intelligence or the Office of the Director of National
Intelligence--
``(A) the Director may authorize the use of interagency
financing for--
``(i) national intelligence centers established by the
Director under section 119B; and
``(ii) boards, commissions, councils, committees, and
similar groups established by the Director; and
``(B) upon the authorization of the Director, any
department, agency, or element of the United States
Government, including any element of the intelligence
community, may fund or participate in the funding of such
activities.
``(2) No provision of law enacted after the date of the
enactment of this subsection shall be deemed to limit or
supersede the authority in paragraph (1) unless such
provision makes specific reference to the authority in that
paragraph.''.
SEC. 2405. CLARIFICATION OF LIMITATION ON CO-LOCATION OF THE
OFFICE OF THE DIRECTOR OF NATIONAL
INTELLIGENCE.
Section 103(e) of the National Security Act of 1947 (50
U.S.C. 403-3(e)) is amended--
(1) by striking ``WITH'' and inserting ``OF HEADQUARTERS
WITH HEADQUARTERS OF'';
(2) by inserting ``the headquarters of'' before ``the
Office''; and
(3) by striking ``any other element'' and inserting ``the
headquarters of any other element''.
SEC. 2406. ADDITIONAL DUTIES OF THE DIRECTOR OF SCIENCE AND
TECHNOLOGY OF THE OFFICE OF THE DIRECTOR OF
NATIONAL INTELLIGENCE.
(a) Coordination and Prioritization of Research Conducted
by Elements of Intelligence Community.--Subsection (d) of
section 103E of the National Security Act of 1947 (50 U.S.C.
403-3e) is amended--
(1) in paragraph (3)(A), by inserting ``and prioritize''
after ``coordinate''; and
(2) by adding at the end the following new paragraph:
``(4) In carrying out paragraph (3)(A), the Committee shall
identify basic, advanced, and applied research programs to be
carried out by elements of the intelligence community.''.
(b) Development of Technology Goals.--That section is
further amended--
(1) in subsection (c)--
(A) in paragraph (4), by striking ``and'' at the end;
(B) by redesignating paragraph (5) as paragraph (8); and
(C) by inserting after paragraph (4) the following new
paragraphs:
``(5) assist the Director in establishing goals for the
elements of the intelligence community to meet the technology
needs of the intelligence community;
``(6) under the direction of the Director, establish
engineering standards and specifications applicable to each
acquisition of a major system (as that term is defined in
section 506A(e)(3)) by the intelligence community;
``(7) ensure that each acquisition program of the
intelligence community for a major system (as so defined)
complies with the standards and specifications established
under paragraph (6); and''; and
(2) by adding at the end the following new subsection:
``(e) Goals for Technology Needs of Intelligence
Community.--In carrying out subsection (c)(5), the Director
of Science and Technology shall--
``(1) systematically identify and assess the most
significant intelligence challenges that require technical
solutions;
``(2) examine options to enhance the responsiveness of
research and design programs of the elements of the
intelligence community to meet the requirements of the
intelligence community for timely support; and
``(3) assist the Director of National Intelligence in
establishing research and development priorities and projects
for the intelligence community that--
``(A) are consistent with current or future national
intelligence requirements;
``(B) address deficiencies or gaps in the collection,
processing, analysis, or dissemination of national
intelligence;
``(C) take into account funding constraints in program
development and acquisition; and
``(D) address system requirements from collection to final
dissemination (also known as `end-to-end architecture').''.
(c) Report.--(1) Not later than June 30, 2007, the Director
of National Intelligence shall submit to Congress a report
containing a strategy for the development and use of
technology in the intelligence community through 2021.
(2) The report shall include--
(A) an assessment of the highest priority intelligence gaps
across the intelligence community that may be resolved by the
use of technology;
[[Page S9170]]
(B) goals for advanced research and development and a
strategy to achieve such goals;
(C) an explanation of how each advanced research and
development project funded under the National Intelligence
Program addresses an identified intelligence gap;
(D) a list of all current and projected research and
development projects by research type (basic, advanced, or
applied) with estimated funding levels, estimated initiation
dates, and estimated completion dates; and
(E) a plan to incorporate technology from research and
development projects into National Intelligence Program
acquisition programs.
(3) The report may be submitted in classified form.
SEC. 2407. APPOINTMENT AND TITLE OF CHIEF INFORMATION OFFICER
OF THE INTELLIGENCE COMMUNITY.
(a) Appointment.--
(1) In general.--Subsection (a) of section 103G of the
National Security Act of 1947 (50 U.S.C. 403-3g) is amended
by striking ``the President, by and with the advice and
consent of the Senate'' and inserting ``the Director of
National Intelligence''.
(2) Applicability.--The amendment made by paragraph (1)
shall take effect on the date of the enactment of this Act,
and shall apply with respect to any appointment of an
individual as Chief Information Officer of the Intelligence
Community that is made on or after that date.
(b) Title.--Such section is further amended--
(1) in subsection (a), by inserting ``of the Intelligence
Community'' after ``Chief Information Officer'';
(2) in subsection (b), by inserting ``of the Intelligence
Community'' after ``Chief Information Officer'';
(3) in subsection (c), by inserting ``of the Intelligence
Community'' after ``Chief Information Officer''; and
(4) in subsection (d), by inserting ``of the Intelligence
Community'' after ``Chief Information Officer'' the first
place it appears.
SEC. 2408. INSPECTOR GENERAL OF THE INTELLIGENCE COMMUNITY.
(a) Establishment.--(1) Title I of the National Security
Act of 1947 (50 U.S.C. 402 et seq.) is amended by inserting
after section 103G the following new section:
``INSPECTOR GENERAL OF THE INTELLIGENCE COMMUNITY
``Sec. 103H. (a) Office of Inspector General of
Intelligence Community.--There is within the Office of the
Director of National Intelligence an Office of the Inspector
General of the Intelligence Community.
``(b) Purpose.--The purpose of the Office of the Inspector
General of the Intelligence Community is to--
``(1) create an objective and effective office,
appropriately accountable to Congress, to initiate and
conduct independently investigations, inspections, and audits
relating to--
``(A) the programs and operations of the intelligence
community;
``(B) the elements of the intelligence community within the
National Intelligence Program; and
``(C) the relationships between the elements of the
intelligence community within the National Intelligence
Program and the other elements of the intelligence community;
``(2) recommend policies designed--
``(A) to promote economy, efficiency, and effectiveness in
the administration and implementation of such programs and
operations, and in such relationships; and
``(B) to prevent and detect fraud and abuse in such
programs, operations, and relationships;
``(3) provide a means for keeping the Director of National
Intelligence fully and currently informed about--
``(A) problems and deficiencies relating to the
administration and implementation of such programs and
operations, and to such relationships; and
``(B) the necessity for, and the progress of, corrective
actions; and
``(4) in the manner prescribed by this section, ensure that
the congressional intelligence committees are kept similarly
informed of--
``(A) significant problems and deficiencies relating to the
administration and implementation of such programs and
operations, and to such relationships; and
``(B) the necessity for, and the progress of, corrective
actions.
``(c) Inspector General of Intelligence Community.--(1)
There is an Inspector General of the Intelligence Community,
who shall be the head of the Office of the Inspector General
of the Intelligence Community, who shall be appointed by the
President, by and with the advice and consent of the Senate.
``(2) The nomination of an individual for appointment as
Inspector General shall be made--
``(A) without regard to political affiliation;
``(B) solely on the basis of integrity, compliance with the
security standards of the intelligence community, and prior
experience in the field of intelligence or national security;
and
``(C) on the basis of demonstrated ability in accounting,
financial analysis, law, management analysis, public
administration, or auditing.
``(3) The Inspector General shall report directly to and be
under the general supervision of the Director of National
Intelligence.
``(4) The Inspector General may be removed from office only
by the President. The President shall immediately communicate
in writing to the congressional intelligence committees the
reasons for the removal of any individual from the position
of Inspector General.
``(d) Duties and Responsibilities.--Subject to subsections
(g) and (h), it shall be the duty and responsibility of the
Inspector General of the Intelligence Community--
``(1) to provide policy direction for, and to plan,
conduct, supervise, and coordinate independently, the
investigations, inspections, and audits relating to the
programs and operations of the intelligence community, the
elements of the intelligence community within the National
Intelligence Program, and the relationships between the
elements of the intelligence community within the National
Intelligence Program and the other elements of the
intelligence community to ensure they are conducted
efficiently and in accordance with applicable law and
regulations;
``(2) to keep the Director of National Intelligence fully
and currently informed concerning violations of law and
regulations, violations of civil liberties and privacy, and
fraud and other serious problems, abuses, and deficiencies
that may occur in such programs and operations, and in such
relationships, and to report the progress made in
implementing corrective action;
``(3) to take due regard for the protection of intelligence
sources and methods in the preparation of all reports issued
by the Inspector General, and, to the extent consistent with
the purpose and objective of such reports, take such measures
as may be appropriate to minimize the disclosure of
intelligence sources and methods described in such reports;
and
``(4) in the execution of the duties and responsibilities
under this section, to comply with generally accepted
government auditing standards.
``(e) Limitations on Activities.--(1) The Director of
National Intelligence may prohibit the Inspector General of
the Intelligence Community from initiating, carrying out, or
completing any investigation, inspection, or audit if the
Director determines that such prohibition is necessary to
protect vital national security interests of the United
States.
``(2) If the Director exercises the authority under
paragraph (1), the Director shall submit an appropriately
classified statement of the reasons for the exercise of such
authority within 7 days to the congressional intelligence
committees.
``(3) The Director shall advise the Inspector General at
the time a report under paragraph (2) is submitted, and, to
the extent consistent with the protection of intelligence
sources and methods, provide the Inspector General with a
copy of such report.
``(4) The Inspector General may submit to the congressional
intelligence committees any comments on a report of which the
Inspector General has notice under paragraph (3) that the
Inspector General considers appropriate.
``(f) Authorities.--(1) The Inspector General of the
Intelligence Community shall have direct and prompt access to
the Director of National Intelligence when necessary for any
purpose pertaining to the performance of the duties of the
Inspector General.
``(2)(A) The Inspector General shall have access to any
employee, or any employee of a contractor, of any element of
the intelligence community whose testimony is needed for the
performance of the duties of the Inspector General.
``(B) The Inspector General shall have direct access to all
records, reports, audits, reviews, documents, papers,
recommendations, or other material which relate to the
programs and operations with respect to which the Inspector
General has responsibilities under this section.
``(C) The level of classification or compartmentation of
information shall not, in and of itself, provide a sufficient
rationale for denying the Inspector General access to any
materials under subparagraph (B).
``(D) Failure on the part of any employee, or any employee
of a contractor, of any element of the intelligence community
to cooperate with the Inspector General shall be grounds for
appropriate administrative actions by the Director or, on the
recommendation of the Director, other appropriate officials
of the intelligence community, including loss of employment
or the termination of an existing contractual relationship.
``(3) The Inspector General is authorized to receive and
investigate complaints or information from any person
concerning the existence of an activity constituting a
violation of laws, rules, or regulations, or mismanagement,
gross waste of funds, abuse of authority, or a substantial
and specific danger to the public health and safety. Once
such complaint or information has been received from an
employee of the Federal Government--
``(A) the Inspector General shall not disclose the identity
of the employee without the consent of the employee, unless
the Inspector General determines that such disclosure is
unavoidable during the course of the investigation or the
disclosure is made to an official of the Department of
Justice responsible for determining whether a prosecution
should be undertaken; and
``(B) no action constituting a reprisal, or threat of
reprisal, for making such complaint may be taken by any
employee in a position to take such actions, unless the
[[Page S9171]]
complaint was made or the information was disclosed with the
knowledge that it was false or with willful disregard for its
truth or falsity.
``(4) The Inspector General shall have authority to
administer to or take from any person an oath, affirmation,
or affidavit, whenever necessary in the performance of the
duties of the Inspector General, which oath, affirmation, or
affidavit when administered or taken by or before an employee
of the Office of the Inspector General of the Intelligence
Community designated by the Inspector General shall have the
same force and effect as if administered or taken by or
before an officer having a seal.
``(5)(A) Except as provided in subparagraph (B), the
Inspector General is authorized to require by subpoena the
production of all information, documents, reports, answers,
records, accounts, papers, and other data and documentary
evidence necessary in the performance of the duties and
responsibilities of the Inspector General.
``(B) In the case of departments, agencies, and other
elements of the United States Government, the Inspector
General shall obtain information, documents, reports,
answers, records, accounts, papers, and other data and
evidence for the purpose specified in subparagraph (A) using
procedures other than by subpoenas.
``(C) The Inspector General may not issue a subpoena for or
on behalf of any other element of the intelligence community,
including the Office of the Director of National
Intelligence.
``(D) In the case of contumacy or refusal to obey a
subpoena issued under this paragraph, the subpoena shall be
enforceable by order of any appropriate district court of the
United States.
``(g) Coordination Among Inspectors General of Intelligence
Community.--(1) In the event of a matter within the
jurisdiction of the Inspector General of the Intelligence
Community that may be subject to an investigation,
inspection, or audit by both the Inspector General of the
Intelligence Community and an Inspector General, whether
statutory or administrative, with oversight responsibility
for an element or elements of the intelligence community, the
Inspector General of the Intelligence Community and such
other Inspector or Inspectors General shall expeditiously
resolve which Inspector General shall conduct such
investigation, inspection, or audit.
``(2) The Inspector General conducting an investigation,
inspection, or audit covered by paragraph (1) shall submit
the results of such investigation, inspection, or audit to
any other Inspector General, including the Inspector General
of the Intelligence Community, with jurisdiction to conduct
such investigation, inspection, or audit who did not conduct
such investigation, inspection, or audit.
``(3)(A) If an investigation, inspection, or audit covered
by paragraph (1) is conducted by an Inspector General other
than the Inspector General of the Intelligence Community, the
Inspector General of the Intelligence Community may, upon
completion of such investigation, inspection, or audit by
such other Inspector General, conduct under this section a
separate investigation, inspection, or audit of the matter
concerned if the Inspector General of the Intelligence
Community determines that such initial investigation,
inspection, or audit was deficient in some manner or that
further investigation, inspection, or audit is required.
``(B) This paragraph shall not apply to the Inspector
General of the Department of Defense or to any other
Inspector General within the Department of Defense.
``(h) Staff and Other Support.--(1) The Inspector General
of the Intelligence Community shall be provided with
appropriate and adequate office space at central and field
office locations, together with such equipment, office
supplies, maintenance services, and communications facilities
and services as may be necessary for the operation of such
offices.
``(2)(A) Subject to applicable law and the policies of the
Director of National Intelligence, the Inspector General
shall select, appoint, and employ such officers and employees
as may be necessary to carry out the functions of the
Inspector General. The Inspector General shall ensure that
any officer or employee so selected, appointed, or employed
has security clearances appropriate for the assigned duties
of such officer or employee.
``(B) In making selections under subparagraph (A), the
Inspector General shall ensure that such officers and
employees have the requisite training and experience to
enable the Inspector General to carry out the duties of the
Inspector General effectively.
``(C) In meeting the requirements of this paragraph, the
Inspector General shall create within the Office of the
Inspector General of the Intelligence Community a career
cadre of sufficient size to provide appropriate continuity
and objectivity needed for the effective performance of the
duties of the Inspector General.
``(3)(A) Subject to the concurrence of the Director, the
Inspector General may request such information or assistance
as may be necessary for carrying out the duties and
responsibilities of the Inspector General from any
department, agency, or other element of the United States
Government.
``(B) Upon request of the Inspector General for information
or assistance under subparagraph (A), the head of the
department, agency, or element concerned shall, insofar as is
practicable and not in contravention of any existing
statutory restriction or regulation of the department,
agency, or element, furnish to the Inspector General, or to
an authorized designee, such information or assistance.
``(C) The Inspector General of the Intelligence Community
may, upon reasonable notice to the head of any element of the
intelligence community, conduct, as authorized by this
section, an investigation, inspection, or audit of such
element and may enter into any place occupied by such element
for purposes of the performance of the duties of the
Inspector General.
``(i) Reports.--(1)(A) The Inspector General of the
Intelligence Community shall, not later than January 31 and
July 31 of each year, prepare and submit to the Director of
National Intelligence a classified, and, as appropriate,
unclassified semiannual report summarizing the activities of
the Office of the Inspector General of the Intelligence
Community during the immediately preceding 6-month periods
ending December 31 (of the preceding year) and June 30,
respectively.
``(B) Each report under this paragraph shall include, at a
minimum, the following:
``(i) A list of the title or subject of each investigation,
inspection, or audit conducted during the period covered by
such report, including a summary of the progress of each
particular investigation, inspection, or audit since the
preceding report of the Inspector General under this
paragraph.
``(ii) A description of significant problems, abuses, and
deficiencies relating to the administration and
implementation of programs and operations of the intelligence
community, and in the relationships between elements of the
intelligence community, identified by the Inspector General
during the period covered by such report.
``(iii) A description of the recommendations for corrective
or disciplinary action made by the Inspector General during
the period covered by such report with respect to significant
problems, abuses, or deficiencies identified in clause (ii).
``(iv) A statement whether or not corrective or
disciplinary action has been completed on each significant
recommendation described in previous semiannual reports, and,
in a case where corrective action has been completed, a
description of such corrective action.
``(v) A certification whether or not the Inspector General
has had full and direct access to all information relevant to
the performance of the functions of the Inspector General.
``(vi) A description of the exercise of the subpoena
authority under subsection (f)(5) by the Inspector General
during the period covered by such report.
``(vii) Such recommendations as the Inspector General
considers appropriate for legislation to promote economy,
efficiency, and effectiveness in the administration and
implementation of programs and operations undertaken by the
intelligence community, and in the relationships between
elements of the intelligence community, and to detect and
eliminate fraud and abuse in such programs and operations and
in such relationships.
``(C) Not later than the 30 days after the date of receipt
of a report under subparagraph (A), the Director shall
transmit the report to the congressional intelligence
committees together with any comments the Director considers
appropriate.
``(2)(A) The Inspector General shall report immediately to
the Director whenever the Inspector General becomes aware of
particularly serious or flagrant problems, abuses, or
deficiencies relating to the administration and
implementation of programs or operations of the intelligence
community or in the relationships between elements of the
intelligence community.
``(B) The Director shall transmit to the congressional
intelligence committees each report under subparagraph (A)
within seven calendar days of receipt of such report,
together with such comments as the Director considers
appropriate.
``(3) In the event that--
``(A) the Inspector General is unable to resolve any
differences with the Director affecting the execution of the
duties or responsibilities of the Inspector General;
``(B) an investigation, inspection, or audit carried out by
the Inspector General focuses on any current or former
intelligence community official who--
``(i) holds or held a position in an element of the
intelligence community that is subject to appointment by the
President, whether or not by and with the advice and consent
of the Senate, including such a position held on an acting
basis;
``(ii) holds or held a position in an element of the
intelligence community, including a position held on an
acting basis, that is appointed by the Director of National
Intelligence; or
``(iii) holds or held a position as head of an element of
the intelligence community or a position covered by
subsection (b) or (c) of section 106;
``(C) a matter requires a report by the Inspector General
to the Department of Justice on possible criminal conduct by
a current or former official described in subparagraph (B);
``(D) the Inspector General receives notice from the
Department of Justice declining or approving prosecution of
possible criminal conduct of any current or former official
described in subparagraph (B); or
[[Page S9172]]
``(E) the Inspector General, after exhausting all possible
alternatives, is unable to obtain significant documentary
information in the course of an investigation, inspection, or
audit,
the Inspector General shall immediately notify and submit a
report on such matter to the congressional intelligence
committees.
``(4) Pursuant to title V, the Director shall submit to the
congressional intelligence committees any report or findings
and recommendations of an investigation, inspection, or audit
conducted by the office which has been requested by the
Chairman or Vice Chairman or Ranking Minority Member of
either committee.
``(5)(A) An employee of an element of the intelligence
community, an employee assigned or detailed to an element of
the intelligence community, or an employee of a contractor to
the intelligence community who intends to report to Congress
a complaint or information with respect to an urgent concern
may report such complaint or information to the Inspector
General.
``(B) Not later than the end of the 14-calendar day period
beginning on the date of receipt from an employee of a
complaint or information under subparagraph (A), the
Inspector General shall determine whether the complaint or
information appears credible. Upon making such a
determination, the Inspector General shall transmit to the
Director a notice of that determination, together with the
complaint or information.
``(C) Upon receipt of a transmittal from the Inspector
General under subparagraph (B), the Director shall, within
seven calendar days of such receipt, forward such transmittal
to the congressional intelligence committees, together with
any comments the Director considers appropriate.
``(D)(i) If the Inspector General does not find credible
under subparagraph (B) a complaint or information submitted
under subparagraph (A), or does not transmit the complaint or
information to the Director in accurate form under
subparagraph (B), the employee (subject to clause (ii)) may
submit the complaint or information to Congress by contacting
either or both of the congressional intelligence committees
directly.
``(ii) An employee may contact the intelligence committees
directly as described in clause (i) only if the employee--
``(I) before making such a contact, furnishes to the
Director, through the Inspector General, a statement of the
employee's complaint or information and notice of the
employee's intent to contact the congressional intelligence
committees directly; and
``(II) obtains and follows from the Director, through the
Inspector General, direction on how to contact the
intelligence committees in accordance with appropriate
security practices.
``(iii) A member or employee of one of the congressional
intelligence committees who receives a complaint or
information under clause (i) does so in that member or
employee's official capacity as a member or employee of such
committee.
``(E) The Inspector General shall notify an employee who
reports a complaint or information to the Inspector General
under this paragraph of each action taken under this
paragraph with respect to the complaint or information. Such
notice shall be provided not later than 3 days after any such
action is taken.
``(F) An action taken by the Director or the Inspector
General under this paragraph shall not be subject to judicial
review.
``(G) In this paragraph, the term `urgent concern' means
any of the following:
``(i) A serious or flagrant problem, abuse, violation of
law or Executive order, or deficiency relating to the
funding, administration, or operations of an intelligence
activity involving classified information, but does not
include differences of opinions concerning public policy
matters.
``(ii) A false statement to Congress, or a willful
withholding from Congress, on an issue of material fact
relating to the funding, administration, or operation of an
intelligence activity.
``(iii) An action, including a personnel action described
in section 2302(a)(2)(A) of title 5, United States Code,
constituting reprisal or threat of reprisal prohibited under
subsection (f)(3)(B) of this section in response to an
employee's reporting an urgent concern in accordance with
this paragraph.
``(H) In support of this paragraph, Congress makes the
findings set forth in paragraphs (1) through (6) of section
701(b) of the Intelligence Community Whistleblower Protection
Act of 1998 (title VII of Public Law 105-272; 5 U.S.C. App.
8H note).
``(6) In accordance with section 535 of title 28, United
States Code, the Inspector General shall report to the
Attorney General any information, allegation, or complaint
received by the Inspector General relating to violations of
Federal criminal law that involves a program or operation of
an element of the intelligence community, or in the
relationships between the elements of the intelligence
community, consistent with such guidelines as may be issued
by the Attorney General pursuant to subsection (b)(2) of such
section. A copy of each such report shall be furnished to the
Director.
``(j) Separate Budget Account.--The Director of National
Intelligence shall, in accordance with procedures to be
issued by the Director in consultation with the congressional
intelligence committees, include in the National Intelligence
Program budget a separate account for the Office of Inspector
General of the Intelligence Community.
``(k) Construction of Duties Regarding Elements of
Intelligence Community.--Except as resolved pursuant to
subsection (g), the performance by the Inspector General of
the Intelligence Community of any duty, responsibility, or
function regarding an element of the intelligence community
shall not be construed to modify or effect the duties and
responsibilities of any other Inspector General, whether
statutory or administrative, having duties and
responsibilities relating to such element.''.
(2) The table of contents in the first section of the
National Security Act of 1947 is amended by inserting after
the item relating to section 103G the following new item:
``Sec. 103H. Inspector General of the Intelligence Community.''.
(b) Repeal of Superseded Authority To Establish Position.--
Section 8K of the Inspector General Act of 1978 (5 U.S.C.
App.) is repealed.
(c) Executive Schedule Level IV.--Section 5314 of title 5,
United States Code, is amended by adding at the end the
following new item:
``Inspector General of the Intelligence Community.''.
SEC. 2409. LEADERSHIP AND LOCATION OF CERTAIN OFFICES AND
OFFICIALS.
(a) National Counter Proliferation Center.--Section 119A(a)
of the National Security Act of 1947 (50 U.S.C. 404o-1(a)) is
amended--
(1) by striking ``(a) Establishment.--'' and inserting the
following:
``(a) In General.--
``(1) Establishment.--The''; and
(2) by adding at the end the following new paragraphs:
``(2) Director.--The head of the National Counter
Proliferation Center shall be the Director of the National
Counter Proliferation Center, who shall be appointed by the
Director of National Intelligence.
``(3) Location.--The National Counter Proliferation Center
shall be located within the Office of the Director of
National Intelligence.''.
(b) Officers.--Section 103(c) of that Act (50 U.S.C. 403-
3(c)) is amended--
(1) by redesignating paragraph (9) as paragraph (13); and
(2) by inserting after paragraph (8) the following new
paragraphs:
``(9) The Chief Information Officer of the Intelligence
Community.
``(10) The Inspector General of the Intelligence Community.
``(11) The Director of the National Counterterrorism
Center.
``(12) The Director of the National Counter Proliferation
Center.''.
SEC. 2410. NATIONAL SPACE INTELLIGENCE CENTER.
(a) Establishment.--
(1) In general.--Title I of the National Security Act of
1947 (50 U.S.C. 401 et seq.) is amended by adding after
section 119B the following new section:
``NATIONAL SPACE INTELLIGENCE CENTER
``Sec. 119C. (a) Establishment.--There is established
within the Office of the Director of National Intelligence a
National Space Intelligence Center.
``(b) Director of National Space Intelligence Center.--The
National Intelligence Officer for Science and Technology, or
a successor position designated by the Director of National
Intelligence, shall act as the Director of the National Space
Intelligence Center.
``(c) Missions.--The National Space Intelligence Center
shall have the following missions:
``(1) To coordinate and provide policy direction for the
management of space-related intelligence assets.
``(2) To prioritize collection activities consistent with
the National Intelligence Collection Priorities framework, or
a successor framework or other document designated by the
Director of National Intelligence.
``(3) To provide policy direction for programs designed to
ensure a sufficient cadre of government and nongovernment
personnel in fields relating to space intelligence, including
programs to support education, recruitment, hiring, training,
and retention of qualified personnel.
``(4) To evaluate independent analytic assessments of
threats to classified United States space intelligence
systems throughout all phases of the development,
acquisition, and operation of such systems.
``(d) Access to Information.--The Director of National
Intelligence shall ensure that the National Space
Intelligence Center has access to all national intelligence
information (as appropriate), and such other information (as
appropriate and practical), necessary for the Center to carry
out the missions of the Center under subsection (c).
``(e) Separate Budget Account.--The Director of National
Intelligence shall include in the National Intelligence
Program budget a separate line item for the National Space
Intelligence Center.''.
(2) Clerical amendment.--The table of contents for that Act
is amended by inserting after the item relating to section
119B the following new item:
``Sec. 119C. National Space Intelligence Center.''.
(b) Report on Organization of Center.--
(1) Report required.--Not later than 180 days after the
date of the enactment of this Act, the Director of the
National Space Intelligence Center shall submit to the Select
Committee on Intelligence of the Senate and
[[Page S9173]]
the Permanent Select Committee on Intelligence of the House
of Representatives a report on the organizational
structure of the National Space Intelligence Center
established by section 119C of the National Security Act
of 1947 (as added by subsection (a)).
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) The proposed organizational structure of the National
Space Intelligence Center.
(B) An identification of key participants in the Center.
(C) A strategic plan for the Center during the five-year
period beginning on the date of the report.
SEC. 2411. OPERATIONAL FILES IN THE OFFICE OF THE DIRECTOR OF
NATIONAL INTELLIGENCE.
(a) In General.--Title VII of the National Security Act of
1947 (50 U.S.C. 431 et seq.) is amended by inserting before
section 701 the following new section:
``OPERATIONAL FILES IN THE OFFICE OF THE DIRECTOR OF NATIONAL
INTELLIGENCE
``Sec. 700. (a) Exemption of Certain Files From Search,
Review, Publication, or Disclosure.--(1) Information and
records described in paragraph (2) shall be exempt from the
provisions of section 552 of title 5, United States Code,
that require search, review, publication, or disclosure in
connection therewith when--
``(A) such information or records are not disseminated
outside the Office of the Director of National Intelligence;
or
``(B) such information or records are incorporated into new
information or records created by personnel of the Office in
a manner that identifies such new information or records as
incorporating such information or records and such new
information or records are not disseminated outside the
Office.
``(2) Information and records described in this paragraph
are the following:
``(A) Information disseminated or otherwise provided to an
element of the Office of the Director of National
Intelligence from the operational files of an element of the
intelligence community that have been exempted from search,
review, publication, or disclosure in accordance with this
title or any other provision of law.
``(B) Any information or records created by the Office that
incorporate information described in subparagraph (A).
``(3) An operational file of an element of the intelligence
community from which information described in paragraph
(2)(A) is disseminated or provided to the Office of the
Director of National Intelligence as described in that
paragraph shall remain exempt from search, review,
publication, or disclosure under section 552 of title 5,
United States Code, to the extent the operational files from
which such information was derived remain exempt from search,
review, publication, or disclosure under section 552 of such
title.
``(b) Search and Review of Certain Files.--Information
disseminated or otherwise provided to the Office of the
Director of National Intelligence by another element of the
intelligence community that is not exempt from search,
review, publication, or disclosure under subsection (a), and
that is authorized to be disseminated outside the Office,
shall be subject to search and review under section 552 of
title 5, United States Code, but may remain exempt from
publication and disclosure under such section by the element
disseminating or providing such information to the Office to
the extent authorized by such section.
``(c) Search and Review for Certain Purposes.--
Notwithstanding subsection (a), exempted operational files
shall continue to be subject to search and review for
information concerning any of the following:
``(1) United States citizens or aliens lawfully admitted
for permanent residence who have requested information on
themselves pursuant to the provisions of section 552 or 552a
of title 5, United States Code.
``(2) Any special activity the existence of which is not
exempt from disclosure under the provisions of section 552 of
title 5, United States Code.
``(3) The specific subject matter of an investigation by
any of the following for any impropriety, or violation of
law, Executive order, or Presidential directive, in the
conduct of an intelligence activity:
``(A) The Select Committee on Intelligence of the Senate.
``(B) The Permanent Select Committee on Intelligence of the
House of Representatives.
``(C) The Intelligence Oversight Board.
``(D) The Department of Justice.
``(E) The Office of the Director of National Intelligence.
``(F) The Office of the Inspector General of the
Intelligence Community.''.
(b) Clerical Amendment.--The table of contents in the first
section of that Act is amended by inserting before the item
relating to section 701 the following new item:
``Sec. 700. 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.
(a) In General.--Subsection (a) of section 402 of the
Intelligence Authorization Act for Fiscal Year 1984 (50
U.S.C. 403e-1) is amended to read as follows:
``(a) Authority for Payment of Awards.--(1) The Director of
National Intelligence may exercise the authority granted in
section 4503 of title 5, United States Code, with respect to
Federal employees and members of the Armed Forces detailed or
assigned to the Office of the Director of National
Intelligence in the same manner as such authority may be
exercised with respect to personnel of the Office.
``(2) The Director of the Central Intelligence Agency may
exercise the authority granted in section 4503 of title 5,
United States Code, with respect to Federal employees and
members of the Armed Forces detailed or assigned to the
Central Intelligence Agency in the same manner as such
authority may be exercised with respect to personnel of the
Agency.''.
(b) Repeal of Obsolete Authority.--That section is further
amended--
(1) by striking subsection (c); and
(2) by redesignating subsection (d) as subsection (c).
(c) Expeditious Payment.--That section is further amended
by adding at the end the following new subsection (d):
``(d) Expeditious Payment.--Payment of an award under this
authority in this section shall be made as expeditiously as
is practicable after the making of the award.''.
(d) Conforming Amendments.--That section is further
amended--
(1) in subsection (b), by striking ``to the Central
Intelligence Agency or to the Intelligence Community Staff''
and inserting ``to the Office of the Director of National
Intelligence or to the Central Intelligence Agency''; and
(2) in subsection (c), as redesignated by subsection (b)(2)
of this section, by striking ``Director of Central
Intelligence'' and inserting ``Director of National
Intelligence or Director of the Central Intelligence
Agency''.
(e) Technical and Stylistic Amendments.--That section is
further amended--
(1) in subsection (b)--
(A) by inserting ``Personnel Eligible for Awards.--''after
``(b)'';
(B) by striking ``subsection (a) of this section'' and
inserting ``subsection (a)''; and
(C) by striking ``a date five years before the date of
enactment of this section'' and inserting ``December 9,
1978''; and
(2) in subsection (c), as so redesignated, by inserting
``Payment and Acceptance of Awards.--'' after ``(c)''.
SEC. 2413. REPEAL OF CERTAIN AUTHORITIES RELATING TO THE
OFFICE OF THE NATIONAL COUNTERINTELLIGENCE
EXECUTIVE.
(a) Repeal of Certain Authorities.--Section 904 of the
Counterintelligence Enhancement Act of 2002 (title IX of
Public Law 107-306; 50 U.S.C. 402c) is amended--
(1) by striking subsections (d), (g), (h), (i), and (j);
and
(2) by redesignating subsections (e), (f), (k), (l), and
(m) as subsections (d), (e), (f), (g), and (h), respectively.
(b) Conforming Amendments.--That section is further
amended--
(1) in subsection (d), as redesignated by subsection (a)(2)
of this section, by striking ``subsection (f)'' each place it
appears in paragraphs (1) and (2) and inserting ``subsection
(e)''; and
(2) in subsection (e), as so redesignated--
(A) in paragraph (1), by striking ``subsection (e)(1)'' and
inserting ``subsection (d)(1)''; and
(B) in paragraph (2), by striking ``subsection (e)(2)'' and
inserting ``subsection (d)(2)''.
SEC. 2414. INAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT
TO ADVISORY COMMITTEES OF THE OFFICE OF THE
DIRECTOR OF NATIONAL INTELLIGENCE.
Section 4(b) of the Federal Advisory Committee Act (5
U.S.C. App.) is amended--
(1) in paragraph (1), by striking ``or'';
(2) in paragraph (2), by striking the period and inserting
``; or''; and
(3) by adding at the end the following new paragraph:
``(3) the Office of the Director of National
Intelligence.''.
SEC. 2415. MEMBERSHIP OF THE DIRECTOR OF NATIONAL
INTELLIGENCE ON THE TRANSPORTATION SECURITY
OVERSIGHT BOARD.
Subparagraph (F) of section 115(b)(1) of title 49, United
States Code, is amended to read as follows:
``(F) The Director of National Intelligence, or the
Director's designee.''.
SEC. 2416. APPLICABILITY OF THE PRIVACY ACT TO THE DIRECTOR
OF NATIONAL INTELLIGENCE AND THE OFFICE OF THE
DIRECTOR OF NATIONAL INTELLIGENCE.
(a) Authority To Exempt.--The Director of National
Intelligence may prescribe regulations to exempt any system
of records within the Office of the Director of National
Intelligence from the applicability of the provisions of
subsections (c)(3), (c)(4), and (d) of section 552a of title
5, United States Code.
(b) Promulgation Requirements.--In prescribing any
regulations under subsection (a), the Director shall comply
with the requirements (including general notice requirements)
of subsections (b), (c), and (e) of section 553 of title 5,
United States Code.
Subtitle B--Central Intelligence Agency
SEC. 2421. DIRECTOR AND DEPUTY DIRECTOR OF THE CENTRAL
INTELLIGENCE AGENCY.
(a) Appointment of Director of Central Intelligence
Agency.--Subsection (a) of section 104A of the National
Security Act of 1947 (50 U.S.C. 403-4a) is amended by
inserting ``from civilian life'' after ``who shall be
appointed''.
(b) Establishment of Position of Deputy Director of Central
Intelligence Agency.--Such section is further amended--
[[Page S9174]]
(1) by redesignating subsections (b), (c), (d), (e), (f),
and (g) as subsections (c), (d), (e), (f), (g), and (h),
respectively; and
(2) by inserting after subsection (a) the following new
subsection (b):
``(b) Deputy Director of Central Intelligence Agency.--(1)
There is a Deputy Director of the Central Intelligence Agency
who shall be appointed from civilian life by the President,
by and with the advice and consent of the Senate.
``(2) The Deputy Director of the Central Intelligence
Agency shall assist the Director of the Central Intelligence
Agency in carrying out the duties and responsibilities of the
Director.
``(3) The Deputy Director of the Central Intelligence
Agency shall act for, and exercise the powers of, the
Director of the Central Intelligence Agency during the
absence or disability of the Director of the Central
Intelligence Agency or during a vacancy in the position of
Director of the Central Intelligence Agency.''.
(c) Conforming Amendment.--Paragraph (2) of subsection (d)
of such section, as redesignated by subsection (b)(1) of this
section, is further amended by striking ``subsection (d)''
and inserting ``subsection (e)''.
(d) Executive Schedule Level III.--Section 5314 of title 5,
United States Code, is amended by adding at the end the
following new item:
``Deputy Director of the Central Intelligence Agency.''.
(e) Role of DNI in Appointment.--Section 106(a)(2) of the
National Security Act of 1947 (50 U.S.C. 403-6) is amended by
adding at the end the following new subparagraph:
``(C) The Deputy Director of the Central Intelligence
Agency.''.
(f) Military Status of Individual Serving as Director of
Central Intelligence Agency or Administratively Performing
Duties of Deputy Director of Central Intelligence Agency.--
(1) A commissioned officer of the Armed Forces who is serving
as the Director of the Central Intelligence Agency or is
engaged in administrative performance of the duties of Deputy
Director of the Central Intelligence Agency as of the date of
the enactment of this Act shall not, while continuing in such
service, or in the administrative performance of such duties,
after that date--
(A) be subject to supervision or control by the Secretary
of Defense or by any officer or employee of the Department of
Defense; or
(B) exercise, by reason of the officer's status as a
commissioned officer, any supervision or control with respect
to any of the military or civilian personnel of the
Department of Defense except as otherwise authorized by law.
(2) Except as provided in subparagraph (A) or (B) of
paragraph (1), the service, or the administrative performance
of duties, described in that paragraph by an officer
described in that paragraph shall not affect the status,
position, rank, or grade of such officer in the Armed Forces,
or any emolument, perquisite, right, privilege, or benefit
incident to or arising out of such status, position, rank, or
grade.
(3) A commissioned officer described in paragraph (1),
while serving, or continuing in the administrative
performance of duties, as described in that paragraph and
while remaining on active duty, shall continue to receive
military pay and allowances. Funds from which such pay and
allowances are paid shall be reimbursed from funds available
to the Director of the Central Intelligence Agency.
(g) Effective Date and Applicability.--
(1) Director of central intelligence agency.--The amendment
made by subsection (a) shall--
(A) take effect on the date of the enactment of this Act;
and
(B) apply upon the occurrence of any act creating a vacancy
in the position of Director of the Central Intelligence
Agency after such date, except that if the vacancy occurs by
resignation from such position of the individual serving in
such position on such date, that individual may continue
serving in such position after such resignation until the
individual appointed to succeed such resigning individual as
Director of the Central Intelligence Agency, by and with the
advice and consent of the Senate, assumes the duties of such
position.
(2) Deputy director of central intelligence agency.--The
amendments made by subsections (b) through (e) shall take
effect on the date of the enactment of this Act and shall
apply upon the earlier of--
(A) the date of the nomination by the President of an
individual to serve as Deputy Director of the Central
Intelligence Agency, except that the individual
administratively performing the duties of the Deputy Director
of the Central Intelligence Agency as of the date of the
enactment of this Act may continue to perform such duties
after such date of nomination and until the individual
appointed to the position of Deputy Director of the Central
Intelligence Agency, by and with the advice and consent of
the Senate, assumes the duties of such position; or
(B) the date of the cessation of the performance of the
duties of Deputy Director of the Central Intelligence Agency
by the individual administratively performing such duties as
of the date of the enactment of this Act.
SEC. 2422. ENHANCED PROTECTION OF CENTRAL INTELLIGENCE AGENCY
INTELLIGENCE SOURCES AND METHODS FROM
UNAUTHORIZED DISCLOSURE.
(a) Responsibility of Director of Central Intelligence
Agency Under National Security Act of 1947.--Subsection (e)
of section 104A of the National Security Act of 1947 (50
U.S.C. 403-4a), as redesignated by section 2421(b)(1) of this
Act, is further amended--
(1) in paragraph (3), by striking ``and'' at the end;
(2) by redesignating paragraph (4) as paragraph (5); and
(3) by inserting after paragraph (3) the following new
paragraph (4):
``(4) protect intelligence sources and methods of the
Central Intelligence Agency from unauthorized disclosure,
consistent with any direction issued by the President or the
Director of National Intelligence; and''.
(b) Protection Under Central Intelligence Agency Act of
1949.--Section 6 of the Central Intelligence Agency Act of
1949 (50 U.S.C. 403g) is amended by striking ``section
102A(i)'' and all that follows through ``unauthorized
disclosure'' and inserting ``sections 102A(i) and 104A(e)(4)
of the National Security Act of 1947 (50 U.S.C. 403-1(i),
403-4a(e)(4))''.
(c) Construction With Exemption From Requirement for
Disclosure of Information to Public.--Section 104A(e)(4) of
the National Security Act of 1947, as amended by subsection
(a), and section 6 of the Central Intelligence Agency Act of
1949, as amended by subsection (b), shall be treated as
statutes that specifically exempt from disclosure the matters
specified in such sections for purposes of section 552(b)(3)
of title 5, United States Code.
(d) Technical Amendments to Central Intelligence Agency
Retirement Act.--Section 201(c) of the Central Intelligence
Agency Retirement Act (50 U.S.C. 2011(c)) is amended--
(1) in the subsection caption, by striking ``of DCI'';
(2) by striking ``section 102A(i)'' and inserting
``sections 102A(i) and 104A(e)(4)'';
(3) by striking ``of National Intelligence''; and
(4) by inserting ``of the Central Intelligence Agency''
after ``methods''.
SEC. 2423. ADDITIONAL EXCEPTION TO FOREIGN LANGUAGE
PROFICIENCY REQUIREMENT FOR CERTAIN SENIOR
LEVEL POSITIONS IN THE CENTRAL INTELLIGENCE
AGENCY.
(a) Additional Exception.--Subsection (h) of section 104A
of the National Security Act of 1947 (50 U.S.C. 403-4a), as
redesignated by section 2421(b)(1) of this Act, is further
amended--
(1) in paragraph (1)--
(A) by striking ``paragraph (2)'' and inserting
``paragraphs (2) and (3)''; and
(B) by striking ``Directorate of Operations'' and inserting
``National Clandestine Service'';
(2) in paragraph (2), by striking ``position or category of
positions'' each place it appears and inserting ``individual,
individuals, position, or category of positions''; and
(3) by adding at the end the following new paragraph:
``(3) Paragraph (1) shall not apply to any individual in
the Directorate of Intelligence or the National Clandestine
Service of the Central Intelligence Agency who is serving in
a Senior Intelligence Service position as of December 23,
2005, regardless of whether such individual is a member of
the Senior Intelligence Service.''.
(b) Report on Waivers.--Section 611(c) of the Intelligence
Authorization Act for Fiscal Year 2005 (Public Law 108-487;
118 Stat. 3955) is amended--
(1) by striking the first sentence and inserting the
following new sentence: ``The Director of the Central
Intelligence Agency shall submit to Congress a report that
identifies individuals who, or positions within the Senior
Intelligence Service in the Directorate of Intelligence or
the National Clandestine Service of the Central Intelligence
Agency that, are determined by the Director to require a
waiver under subsection (h) of section 104A of the National
Security Act of 1947, as added by subsection (a) and
redesignated by section 421(b)(1) of the Intelligence
Authorization Act for Fiscal Year 2007.''; and
(2) in the second sentence--
(A) by striking ``section 104A(g)(2), as so added'' and
inserting ``subsection (h)(2) of section 104A, as so added
and redesignated''; and
(B) by striking ``position or category of positions'' and
inserting ``individual, individuals, position, or category of
positions''.
SEC. 2424. ADDITIONAL FUNCTIONS AND AUTHORITIES FOR
PROTECTIVE PERSONNEL OF THE CENTRAL
INTELLIGENCE AGENCY.
Section 5(a)(4) of the Central Intelligence Agency Act of
1949 (50 U.S.C. 403f(a)(4)) is amended--
(1) by inserting ``(A)'' after ``(4)'';
(2) in subparagraph (A), as so designated--
(A) by striking ``and the protection'' and inserting ``the
protection''; and
(B) by striking the semicolon and inserting ``, and the
protection of the Director of National Intelligence and such
personnel of the Office of the Director of National
Intelligence as the Director of National Intelligence may
designate; and''; and
(3) by adding at the end the following new subparagraph:
``(B) Authorize personnel engaged in the performance of
protective functions authorized pursuant to subparagraph (A),
when engaged in the performance of such functions, to make
arrests without warrant for any offense against the United
States committed in the presence of such personnel, or for
any felony cognizable under the laws of the United States, if
such personnel have reasonable grounds to believe that the
person to be
[[Page S9175]]
arrested has committed or is committing such felony, except
that any authority pursuant to this subparagraph may be
exercised only in accordance with guidelines approved by the
Director and the Attorney General and such personnel may not
exercise any authority for the service of civil process or
for the investigation of criminal offenses;''.
SEC. 2425. DIRECTOR OF NATIONAL INTELLIGENCE REPORT ON
RETIREMENT BENEFITS FOR FORMER EMPLOYEES OF AIR
AMERICA.
(a) In General.--Not later than 120 days after the date of
the enactment of this Act, the Director of National
Intelligence shall submit to Congress a report on the
advisability of providing Federal retirement benefits to
United States citizens for the service of such individuals
before 1977 as employees of Air America or an associated
company while such company was owned or controlled by the
United States Government and operated or managed by the
Central Intelligence Agency.
(b) Report Elements.--(1) The report required by subsection
(a) shall include the following:
(A) The history of Air America and associated companies
before 1977, including a description of--
(i) the relationship between such companies and the Central
Intelligence Agency and other elements of the United States
Government;
(ii) the workforce of such companies;
(iii) the missions performed by such companies and their
employees for the United States; and
(iv) the casualties suffered by employees of such companies
in the course of their employment with such companies.
(B) A description of the retirement benefits contracted for
or promised to the employees of such companies before 1977,
the contributions made by such employees for such benefits,
the retirement benefits actually paid such employees, the
entitlement of such employees to the payment of future
retirement benefits, and the likelihood that former employees
of such companies will receive any future retirement
benefits.
(C) An assessment of the difference between--
(i) the retirement benefits that former employees of such
companies have received or will receive by virtue of their
employment with such companies; and
(ii) the retirement benefits that such employees would have
received and in the future receive if such employees had
been, or would now be, treated as employees of the United
States whose services while in the employ of such companies
had been or would now be credited as Federal service for the
purpose of Federal retirement benefits.
(D) The recommendations of the Director regarding the
advisability of legislative action to treat employment at
such companies as Federal service for the purpose of Federal
retirement benefits in light of the relationship between such
companies and the United States Government and the services
and sacrifices of such employees to and for the United
States, and if legislative action is considered advisable, a
proposal for such action and an assessment of its costs.
(2) The Director of National Intelligence shall include in
the report any views of the Director of the Central
Intelligence Agency on the matters covered by the report that
the Director of the Central Intelligence Agency considers
appropriate.
(c) Assistance of Comptroller General.--The Comptroller
General of the United States shall, upon the request of the
Director of National Intelligence and in a manner consistent
with the protection of classified information, assist the
Director in the preparation of the report required by
subsection (a).
(d) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
(e) Definitions.--In this section:
(1) The term ``Air America'' means Air America,
Incorporated.
(2) The term ``associated company'' means any company
associated with or subsidiary to Air America, including Air
Asia Company Limited and the Pacific Division of Southern Air
Transport, Incorporated.
Subtitle C--Defense Intelligence Components
SEC. 2431. ENHANCEMENTS OF NATIONAL SECURITY AGENCY TRAINING
PROGRAM.
(a) Termination of Employees.--Subsection (d)(1)(C) of
section 16 of the National Security Agency Act of 1959 (50
U.S.C. 402 note) is amended by striking ``terminated either
by'' and all that follows and inserting ``terminated--
``(i) by the Agency due to misconduct by the employee;
``(ii) by the employee voluntarily; or
``(iii) by the Agency for the failure of the employee to
maintain such level of academic standing in the educational
course of training as the Director of the National Security
Agency shall have specified in the agreement of the employee
under this subsection; and''.
(b) Authority To Withhold Disclosure of Affiliation With
NSA.--Subsection (e) of such section is amended by striking
``(1) When an employee'' and all that follows through ``(2)
Agency efforts'' and inserting ``Agency efforts''.
SEC. 2432. CODIFICATION OF AUTHORITIES OF NATIONAL SECURITY
AGENCY PROTECTIVE PERSONNEL.
The National Security Agency Act of 1959 (50 U.S.C. 402
note) is amended by adding at the end the following new
section:
``Sec. 20. (a) The Director is authorized to designate
personnel of the Agency to perform protective functions for
the Director and for any personnel of the Agency designated
by the Director.
``(b)(1) In the performance of protective functions under
this section, personnel of the Agency designated to perform
protective functions pursuant to subsection (a) are
authorized, when engaged in the performance of such
functions, to make arrests without a warrant for--
``(A) any offense against the United States committed in
the presence of such personnel; or
``(B) any felony cognizable under the laws of the United
States if such personnel have reasonable grounds to believe
that the person to be arrested has committed or is committing
such felony.
``(2) The authority in paragraph (1) may be exercised only
in accordance with guidelines approved by the Director and
the Attorney General.
``(3) Personnel of the Agency designated to perform
protective functions pursuant to subsection (a) shall not
exercise any authority for the service of civil process or
the investigation of criminal offenses.
``(c) Nothing in this section shall be construed to impair
or otherwise affect any authority under any other provision
of law relating to the performance of protective
functions.''.
SEC. 2433. INSPECTOR GENERAL MATTERS.
(a) Coverage Under Inspector General Act of 1978.--
Subsection (a)(2) of section 8G of the Inspector General Act
of 1978 (5 U.S.C. App. 8G) is amended--
(1) by inserting ``the Defense Intelligence Agency,'' after
``the Corporation for Public Broadcasting,'';
(2) by inserting ``the National Geospatial-Intelligence
Agency,'' after ``the National Endowment for the Arts,''; and
(3) by inserting ``the National Reconnaissance Office, the
National Security Agency,'' after ``the National Labor
Relations Board,''.
(b) Certain Designations Under Inspector General Act of
1978.--Subsection (a) of section 8H of the Inspector General
Act of 1978 (5 U.S.C. App. 8H) is amended by adding at the
end the following new paragraph:
``(3) The Inspectors General of the Defense Intelligence
Agency, the National Geospatial-Intelligence Agency, the
National Reconnaissance Office, and the National Security
Agency shall be designees of the Inspector General of the
Department of Defense for purposes of this section.''.
(c) Power of Heads of Elements Over Investigations.--
Subsection (d) of section 8G of that Act--
(1) by inserting ``(1)'' after ``(d)'';
(2) in the second sentence of paragraph (1), as designated
by paragraph (1) of this subsection, by striking ``The head''
and inserting ``Except as provided in paragraph (2), the
head''; and
(3) by adding at the end the following new paragraph:
``(2)(A) The Director of National Intelligence or the
Secretary of Defense may prohibit the Inspector General of an
element of the intelligence community specified in
subparagraph (D) from initiating, carrying out, or completing
any audit or investigation if the Director or the Secretary,
as the case may be, determines that the prohibition is
necessary to protect vital national security interests of the
United States.
``(B) If the Director or the Secretary exercises the
authority under subparagraph (A), the Director or the
Secretary, as the case may be, shall submit to the committees
of Congress specified in subparagraph (E) an appropriately
classified statement of the reasons for the exercise of the
authority not later than seven days after the exercise of the
authority.
``(C) At the same time the Director or the Secretary
submits under subparagraph (B) a statement on the exercise of
the authority in subparagraph (A) to the committees of
Congress specified in subparagraph (E), the Director or the
Secretary, as the case may be, shall notify the Inspector
General of such element of the submittal of such statement
and, to the extent consistent with the protection of
intelligence sources and methods, provide the Inspector
General with a copy of such statement. The Inspector General
may submit to such committees of Congress any comments on a
notice or statement received by the Inspector General under
this subparagraph that the Inspector General considers
appropriate.
``(D) The elements of the intelligence community specified
in this subparagraph are as follows:
``(i) The Defense Intelligence Agency.
``(ii) The National Geospatial-Intelligence Agency.
``(iii) The National Reconnaissance Office.
``(iv) The National Security Agency.
``(E) The committees of Congress specified in this
subparagraph are--
``(i) the Committee on Armed Services and the Select
Committee on Intelligence of the Senate; and
``(ii) the Committee on Armed Services and the Permanent
Select Committee on Intelligence of the House of
Representatives.''.
SEC. 2434. CONFIRMATION OF APPOINTMENT OF HEADS OF CERTAIN
COMPONENTS OF THE INTELLIGENCE COMMUNITY.
(a) Director of National Security Agency.--The National
Security Agency Act of 1959 (50 U.S.C. 402 note) is amended
by inserting after the first section the following new
section:
``Sec. 2. (a) There is a Director of the National Security
Agency.
[[Page S9176]]
``(b) The Director of the National Security Agency shall be
appointed by the President, by and with the advice and
consent of the Senate.
``(c) The Director of the National Security Agency shall be
the head of the National Security Agency and shall discharge
such functions and duties as are provided by this Act or
otherwise by law.''.
(b) Director of National Geospatial-Intelligence Agency.--
Section 441(b) of title 10, United States Code, is amended--
(1) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(2) by inserting after paragraph (1) the following new
paragraph (2):
``(2) The Director of the National Geospatial Intelligence
Agency shall be appointed by the President, by and with the
advice and consent of the Senate.''.
(c) Director of National Reconnaissance Office.--The
Director of the National Reconnaissance Office shall be
appointed by the President, by and with the advice and
consent of the Senate.
(d) Positions of Importance and Responsibility.--
(1) Designation of positions.--The President may designate
any of the positions referred to in paragraph (2) as
positions of importance and responsibility under section 601
of title 10, United States Code.
(2) Covered positions.--The positions referred to in this
paragraph are as follows:
(A) The Director of the National Security Agency.
(B) The Director of the National Geospatial-Intelligence
Agency.
(C) The Director of the National Reconnaissance Office.
(e) Effective Date and Applicability.--(1) The amendments
made by subsections (a) and (b), and subsection (c), shall
take effect on the date of the enactment of this Act and
shall apply upon the earlier of--
(A) the date of the nomination by the President of an
individual to serve in the position concerned, except that
the individual serving in such position as of the date of the
enactment of this Act may continue to perform such duties
after such date of nomination and until the individual
appointed to such position, by and with the advice and
consent of the Senate, assumes the duties of such position;
or
(B) the date of the cessation of the performance of the
duties of such position by the individual performing such
duties as of the date of the enactment of this Act.
(2) Subsection (d) shall take effect on the date of the
enactment of this Act.
SEC. 2435. CLARIFICATION OF NATIONAL SECURITY MISSIONS OF
NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY FOR
ANALYSIS AND DISSEMINATION OF CERTAIN
INTELLIGENCE INFORMATION.
Section 442(a) of title 10, United States Code, is
amended--
(1) by redesignating paragraph (2) as paragraph (3);
(2) by inserting after paragraph (1) the following new
paragraph (2):
``(2)(A) As directed by the Director of National
Intelligence, the National Geospatial-Intelligence Agency
shall also analyze, disseminate, and incorporate into the
National System for Geospatial-Intelligence, likenesses,
videos, or presentations produced by ground-based platforms,
including handheld or clandestine photography taken by or on
behalf of human intelligence collection organizations or
available as open-source information.
``(B) The authority provided by this paragraph does not
include the authority to manage or direct the tasking of, set
requirements and priorities for, set technical requirements
related to, or modify any classification or dissemination
limitations related to the collection of, handheld or
clandestine photography taken by or on behalf of human
intelligence collection organizations.''; and
(3) in paragraph (3), as so redesignated, by striking
``paragraph (1)'' and inserting ``paragraphs (1) and (2)''.
SEC. 2436. SECURITY CLEARANCES IN THE NATIONAL GEOSPATIAL-
INTELLIGENCE AGENCY.
The Secretary of Defense shall, during the period beginning
on the date of the enactment of this Act and ending on
December 31, 2007, delegate to the Director of the National
Geospatial-Intelligence Agency personnel security authority
with respect to the National Geospatial-Intelligence Agency
(including authority relating to the use of contractor
personnel in investigations and adjudications for security
clearances) that is identical to the personnel security
authority of the Director of the National Security Agency
with respect to the National Security Agency.
Subtitle D--Other Elements
SEC. 2441. FOREIGN LANGUAGE INCENTIVE FOR CERTAIN NON-SPECIAL
AGENT EMPLOYEES OF THE FEDERAL BUREAU OF
INVESTIGATION.
(a) Authority To Pay Incentive.--The Director of the
Federal Bureau of Investigation may pay a cash award
authorized by section 4523 of title 5, United States Code, in
accordance with the provisions of such section, to any
employee of the Federal Bureau of Investigation described in
subsection (b) as if such employee were a law enforcement
officer as specified in such section.
(b) Covered Employees.--An employee of the Federal Bureau
of Investigation described in this subsection is any employee
of the Federal Bureau of Investigation--
(1) who uses foreign language skills in support of the
analyses, investigations, or operations of the Bureau to
protect against international terrorism or clandestine
intelligence activities (or maintains foreign language skills
for purposes of such support); and
(2) whom the Director of the Federal Bureau of
Investigation, subject to the joint guidance of the Attorney
General and the Director of National Intelligence, may
designate for purposes of this section.
SEC. 2442. AUTHORITY TO SECURE SERVICES BY CONTRACT FOR THE
BUREAU OF INTELLIGENCE AND RESEARCH OF THE
DEPARTMENT OF STATE.
Title I of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2651a et seq.) is amended by inserting after
section 23 the following new section:
``SERVICES BY CONTRACT FOR BUREAU OF INTELLIGENCE AND RESEARCH
``Sec. 23A. (a) Authority To Enter Into Contracts.--The
Secretary may enter into contracts with individuals or
organizations for the provision of services in support of the
mission of the Bureau of Intelligence and Research of the
Department of State if the Secretary determines that--
``(1) the services to be procured are urgent or unique; and
``(2) it would not be practicable for the Department to
obtain such services by other means.
``(b) Treatment as Employees of the United States
Government.--(1) Individuals employed under a contract
pursuant to the authority in subsection (a) shall not, by
virtue of the performance of services under such contract, be
considered employees of the United States Government for
purposes of any law administered by the Office of Personnel
Management.
``(2) The Secretary may provide for the applicability to
individuals described in paragraph (1) of any law
administered by the Secretary concerning the employment of
such individuals.
``(c) Contract To Be Appropriate Means of Securing
Services.--The chief contracting officer of the Department of
State shall ensure that each contract entered into by the
Secretary under this section is the appropriate means of
securing the services to be provided under such contract.''.
SEC. 2443. CLARIFICATION OF INCLUSION OF COAST GUARD AND DRUG
ENFORCEMENT ADMINISTRATION AS ELEMENTS OF THE
INTELLIGENCE COMMUNITY.
Section 3(4) of the National Security Act of 1947 (50
U.S.C. 401a(4)) is amended--
(1) in subparagraph (H)--
(A) by inserting ``the Coast Guard,'' after ``the Marine
Corps,''; and
(B) by inserting ``the Drug Enforcement Administration,''
after ``the Federal Bureau of Investigation,''; and
(2) in subparagraph (K), by striking ``, including the
Office of Intelligence of the Coast Guard''.
SEC. 2444. CLARIFYING AMENDMENTS RELATING TO SECTION 105 OF
THE INTELLIGENCE AUTHORIZATION ACT FOR FISCAL
YEAR 2004.
Section 105(b) of the Intelligence Authorization Act for
Fiscal Year 2004 (Public Law 108-177; 117 Stat. 2603; 31
U.S.C. 311 note) is amended--
(1) by striking ``Director of Central Intelligence'' and
inserting ``Director of National Intelligence''; and
(2) by inserting ``or in section 313 of such title,'' after
``subsection (a)),''.
TITLE XXV--OTHER MATTERS
SEC. 2501. TECHNICAL AMENDMENTS TO THE NATIONAL SECURITY ACT
OF 1947.
The National Security Act of 1947 (50 U.S.C. 401 et seq.)
is amended as follows:
(1) In section 102A (50 U.S.C. 403-1)--
(A) in subsection (c)(7)(A), by striking ``section'' and
inserting ``subsection'';
(B) in subsection (d)--
(i) in paragraph (3), by striking ``subparagraph (A)'' in
the matter preceding subparagraph (A) and inserting
``paragraph (1)(A)'';
(ii) in paragraph (5)(A), by striking ``or personnel'' in
the matter preceding clause (i); and
(iii) in paragraph (5)(B), by striking ``or agency
involved'' in the second sentence and inserting ``involved or
the Director of the Central Intelligence Agency (in the case
of the Central Intelligence Agency)'';
(C) in subsection (l)(2)(B), by striking ``section'' and
inserting ``paragraph''; and
(D) in subsection (n), by inserting ``and Other'' after
``Acquisition''.
(2) In section 119(c)(2)(B) (50 U.S.C. 404o(c)(2)(B)), by
striking ``subsection (h)'' and inserting ``subsection (i)''.
(3) In section 705(e)(2)(D)(i) (50 U.S.C.
432c(e)(2)(D)(i)), by striking ``responsible'' and inserting
``responsive''.
SEC. 2502. TECHNICAL CLARIFICATION OF CERTAIN REFERENCES TO
JOINT MILITARY INTELLIGENCE PROGRAM AND
TACTICAL INTELLIGENCE AND RELATED ACTIVITIES.
Section 102A of the National Security Act of 1947 (50
U.S.C. 403-1) is amended--
(1) in subsection (c)(3)(A), by striking ``annual budgets
for the Joint Military Intelligence Program and for Tactical
Intelligence and Related Activities'' and inserting ``annual
budget for the Military Intelligence Program or any successor
program or programs''; and
(2) in subsection (d)(1)(B), by striking ``Joint Military
Intelligence Program'' and inserting ``Military Intelligence
Program or any successor program or programs''.
[[Page S9177]]
SEC. 2503. TECHNICAL AMENDMENTS TO THE INTELLIGENCE REFORM
AND TERRORISM PREVENTION ACT OF 2004.
(a) Amendments to National Security Intelligence Reform Act
of 2004.--The National Security Intelligence Reform Act of
2004 (title I of Public Law 108-458) is further amended as
follows:
(1) In section 1016(e)(10)(B) (6 U.S.C. 458(e)(10)(B)), by
striking ``Attorney General'' the second place it appears and
inserting ``Department of Justice''.
(2) In section 1061 (5 U.S.C. 601 note)--
(A) in subsection (d)(4)(A), by striking ``National
Intelligence Director'' and inserting ``Director of National
Intelligence''; and
(B) in subsection (h), by striking ``National Intelligence
Director'' and inserting ``Director of National
Intelligence''.
(3) In section 1071(e), by striking ``(1)''.
(4) In section 1072(b), by inserting ``Agency'' after
``Intelligence''.
(b) Other Amendments to Intelligence Reform and Terrorism
Prevention Act of 2004.--The Intelligence Reform and
Terrorism Prevention Act of 2004 (Public Law 108-458) is
amended as follows:
(1) In section 2001 (28 U.S.C. 532 note)--
(A) in subsection (c)(1), by inserting ``of'' before ``an
institutional culture'';
(B) in subsection (e)(2), by striking ``the National
Intelligence Director in a manner consistent with section
112(e)'' and inserting ``the Director of National
Intelligence in a manner consistent with applicable law'';
and
(C) in subsection (f), by striking ``shall,'' in the matter
preceding paragraph (1) and inserting ``shall''.
(2) In section 2006 (28 U.S.C. 509 note)--
(A) in paragraph (2), by striking ``the Federal'' and
inserting ``Federal''; and
(B) in paragraph (3), by striking ``the specific'' and
inserting ``specific''.
SEC. 2504. TECHNICAL AMENDMENTS TO TITLE 10, UNITED STATES
CODE, ARISING FROM ENACTMENT OF THE
INTELLIGENCE REFORM AND TERRORISM PREVENTION
ACT OF 2004.
(a) References to Head of Intelligence Community.--Title
10, United States Code, is amended by striking ``Director of
Central Intelligence'' each place it appears in a provision
as follows and inserting ``Director of National
Intelligence'':
(1) Section 193(d)(2).
(2) Section 193(e).
(3) Section 201(a).
(4) Section 201(b)(1).
(5) Section 201(c)(1).
(6) Section 425(a).
(7) Section 431(b)(1).
(8) Section 441(c).
(9) Section 441(d).
(10) Section 443(d).
(11) Section 2273(b)(1).
(12) Section 2723(a).
(b) Clerical Amendments.--Such title is further amended by
striking ``Director of Central Intelligence'' each place it
appears in a provision as follows and inserting ``Director of
National Intelligence'':
(1) Section 441(c).
(2) Section 443(d).
(c) Reference to Head of Central Intelligence Agency.--
Section 444 of such title is amended by striking ``Director
of Central Intelligence'' each place it appears and inserting
``Director of the Central Intelligence Agency''.
SEC. 2505. TECHNICAL AMENDMENT TO THE CENTRAL INTELLIGENCE
AGENCY ACT OF 1949.
Section 5(a)(1) of the Central Intelligence Agency Act of
1949 (50 U.S.C. 403f(a)(1)) is amended by striking
``authorized under paragraphs (2) and (3) of section 102(a),
subsections (c)(7) and (d) of section 103, subsections (a)
and (g) of section 104, and section 303 of the National
Security Act of 1947 (50 U.S.C. 403(a)(2), (3), 403-3(c)(7),
(d), 403-4(a), (g), and 405)'' and inserting ``authorized
under subsections (d), (e), (f), and (g) of section 104A of
the National Security Act of 1947 (50 U.S.C. 403-4a).''.
SEC. 2506. TECHNICAL AMENDMENTS RELATING TO THE MULTIYEAR
NATIONAL INTELLIGENCE PROGRAM.
(a) In General.--Subsection (a) of section 1403 of the
National Defense Authorization Act for Fiscal Year 1991 (50
U.S.C. 404b) is amended--
(1) in the subsection caption, by striking ``Foreign''; and
(2) by striking ``foreign'' each place it appears.
(b) Responsibility of DNI.--That section is further
amended--
(1) in subsections (a) and (c), by striking ``Director of
Central Intelligence'' and inserting ``Director of National
Intelligence''; and
(2) in subsection (b), by inserting ``of National
Intelligence'' after ``Director''.
(c) Conforming Amendment.--The heading of that section is
amended to read as follows:
``SEC. 1403. MULTIYEAR NATIONAL INTELLIGENCE PROGRAM.''.
SEC. 2507. TECHNICAL AMENDMENTS TO THE EXECUTIVE SCHEDULE.
(a) Executive Schedule Level II.--Section 5313 of title 5,
United States Code, is amended by striking the item relating
to the Director of Central Intelligence and inserting the
following new item:
``Director of the Central Intelligence Agency.''.
(b) Executive Schedule Level III.--Section 5314 of title 5,
United States Code, is amended by striking the item relating
to the Deputy Directors of Central Intelligence.
(c) Executive Schedule Level IV.--Section 5315 of title 5,
United States Code, is amended by striking the item relating
to the General Counsel of the Office of the National
Intelligence Director and inserting the following new item:
``General Counsel of the Office of the Director of National
Intelligence.''.
SEC. 2508. TECHNICAL AMENDMENTS RELATING TO REDESIGNATION OF
THE NATIONAL IMAGERY AND MAPPING AGENCY AS THE
NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY.
(a) Title 5, United States Code.--(1) Title 5, United
States Code, is amended by striking ``National Imagery and
Mapping Agency'' each place it appears in a provision as
follows and inserting ``National Geospatial-Intelligence
Agency'':
(A) Section 2302(a)(2)(C)(ii).
(B) Section 3132(a)(1)(B).
(C) Section 4301(1) (in clause (ii)).
(D) Section 4701(a)(1)(B).
(E) Section 5102(a)(1) (in clause (x)).
(F) Section 5342(a)(1) (in clause (K)).
(G) Section 6339(a)(1)(E).
(H) Section 7323(b)(2)(B)(i)((XIII).
(2) Section 6339(a)(2)(E) of such title is amended by
striking ``National Imagery and Mapping Agency, the Director
of the National Imagery and Mapping Agency'' and inserting
``National Geospatial-Intelligence Agency, the Director of
the National Geospatial-Intelligence Agency''.
(b) Title 44, United States Code.--(1)(A) Section 1336 of
title 44, United States Code, is amended by striking
``National Imagery and Mapping Agency'' both places it
appears and inserting ``National Geospatial-Intelligence
Agency''.
(B) The heading of such section is amended to read as
follows:
``Sec. 1336. National Geospatial-Intelligence Agency: special
publications''.
(2) The table of sections at the beginning of chapter 13 of
such title is amended by striking the item relating to
section 1336 and inserting the following new item:
``1336. National Geospatial-Intelligence Agency: special
publications.''.
(c) Homeland Security Act of 2002.--Section 201(f)(2)(E) of
the Homeland Security Act of 2002 (6 U.S.C. 121(f)(2)(E)) is
amended by striking ``National Imagery and Mapping Agency''
and inserting ``National Geospatial-Intelligence Agency''.
(d) Inspector General Act of 1978.--Section 8H of the
Inspector General Act of 1978 (5 U.S.C. App.) is amended by
striking ``National Imagery and Mapping Agency'' each place
it appears and inserting ``National Geospatial-Intelligence
Agency''.
(e) Ethics in Government Act of 1978.--Section 105(a)(1) of
the Ethics in Government Act of 1978 (5 U.S.C. App.) is
amended by striking ``National Imagery and Mapping Agency''
and inserting ``National Geospatial-Intelligence Agency''.
(f) Other Acts.--(1) Section 7(b)(2)(A)(i) of the Employee
Polygraph Protection Act of 1988 (29 U.S.C. 2006(b)(2)(A)(i))
is amended by striking ``National Imagery and Mapping
Agency'' and inserting ``National Geospatial-Intelligence
Agency''.
(2) Section 207(a)(2)(B) of the Legislative Branch
Appropriations Act, 1993 (44 U.S.C. 501 note) is amended by
striking ``National Imagery and Mapping Agency'' and
inserting ``National Geospatial-Intelligence Agency''.
DIVISION D--TRANSPORTATION SECURITY
TITLE XXXI--MARITIME SECURITY
SEC. 3101. SHORT TITLE; DEFINITIONS.
(a) Short Title.--This title may be cited as the ``Maritime
Transportation Security Act of 2006''.
(b) Definitions.--In this title:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee
on Appropriations, the Committee on Commerce, Science, and
Transportation, the Committee on Finance, and the Committee
on Homeland Security and Governmental Affairs of the Senate,
and the Committee on Appropriations, the Committee on
Homeland Security, and the Committee on Ways and Means of the
House of Representatives.
(2) Commissioner.--The term ``Commissioner'' means the
Commissioner of Customs.
(3) Department.--The term ``Department'' means the
Department of Homeland Security.
(4) Secretary.--The term ``Secretary'' means the Security
of Homeland Security.
SEC. 3102. INTERAGENCY OPERATIONAL COMMAND CENTERS FOR PORT
SECURITY.
(a) In General.--Chapter 701 of title 46, United States
Code, is amended by inserting after section 70103 the
following new section:
``Sec. 70103A. Interagency operational command centers for
port security
``(a) In General.--In order to improve interagency
cooperation, unity of command, and the sharing of
intelligence information in a common mission to provide
greater protection for port and intermodal transportation
systems against acts of terrorism, the Secretary, shall
establish interagency operational command centers for port
security at all high priority ports.
``(b) Characteristics.--The interagency operational centers
shall--
``(1) be based on the most appropriate compositional and
operational characteristics of the pilot project interagency
operational centers for port security in Miami, Florida,
Norfolk/Hampton Roads, Virginia, Charleston, South Carolina,
and San Diego, California and the virtual operation center at
the port of New York/New Jersey;
``(2) be adapted to meet the security needs, requirements,
and resources of the individual port area at which each
center is operating;
[[Page S9178]]
``(3) provide for participation by--
``(A) representatives of the United States Customs and
Border Protection, Immigration and Customs Enforcement, the
Transportation Security Administration, the Department of
Defense, the Department of Justice, and other Federal
agencies, determined to be appropriate by the Secretary of
Homeland Security;
``(B) representatives of State and local law enforcement or
port security personnel; and
``(C) members of the area maritime security committee, as
deemed appropriate by the Coast Guard Captain of the Port;
``(4) be incorporated in the implementation and
administration of--
``(A) maritime transportation security plans developed
under section 70103 of this title;
``(B) maritime intelligence activities under section 70113
of this title;
``(C) short and long range vessel tracking under sections
70114 and 70115 of this title;
``(D) secure transportation systems under section 70119 of
this title;
``(E) the United States Customs and Border Protection's
screening and high-risk cargo inspection programs;
``(F) the transportation security incident response plans
required by section 70104 of this title; and
``(G) the execution of the protocols established under
sections 3119 and 3120 of the Maritime Transportation
Security Act of 2006 and the amendments made by such
sections.
``(c) Report Requirement.--Nothing in this section relieves
the Commandant of the Coast Guard from compliance with the
requirements of section 807 of the Coast Guard and Maritime
Transportation Act of 2004. The Commandant shall utilize the
information developed for the report required by such section
807 in carrying out the requirements of this section.
``(d) Security Clearance Assistance.--The Secretary may
assist non-Federal personnel described in subsection
(b)(3)(B) or (C) in obtaining expedited appropriate security
clearances and in maintaining their security clearances.
``(e) Security Incidents.--During a transportation security
incident (as defined in section 70101(6) of this title)
involving a port, the Coast Guard Captain of the Port,
designated by the Commandant of the Coast Guard, in each
joint operations center for maritime security shall act as
the incident commander, unless otherwise directed under the
National Maritime Transportation Security Plan established
under section 70103 of this title or by the President.''.
(b) Clerical Amendment.--The chapter analysis for chapter
701 of title 46, United States Code, is amended by inserting
after the item relating to section 70103 the following new
item:
``70103A. Interagency operational command centers for port security.''.
(c) Budget and Cost-Sharing Analysis.--Not later than 180
days after the date of the enactment of this Act, the
Secretary of the department in which the Coast Guard is
operating shall submit to the Committee on Commerce, Science,
and Transportation of the Senate, and the Committee on
Homeland Security of the House of Representatives, a proposed
budget analysis for implementing subsection (a) of section
70103A of title 46, United States Code (as added by
subsection (a) of this section), including cost-sharing
arrangements with other departments and agencies of the
Federal Government involved in the interagency operation
of the centers established under such section 70101A.
SEC. 3103. SALVAGE RESPONSE PLAN.
Section 70103(b)(2) of title 46, United States Code, is
amended--
(1) by redesignating subparagraphs (E) and (F) as
subparagraphs (F) and (G), respectively; and
(2) by inserting after subparagraph (D) the following:
``(E) include a salvage response plan--
``(i) to identify salvage equipment capable of restoring
operational trade capacity; and
``(ii) to ensure that the flow of cargo through United
States ports is reestablished as efficiently and quickly as
possible after a transportation security incident.''.
SEC. 3104. VESSEL AND FACILITY SECURITY PLANS.
Section 70103(c)(3) of title 46, United States Code, is
amended--
(1) in subparagraph (E), by striking the ``training,
periodic unannounced drills and'';
(2) by redesignating subparagraphs (F) and (G) as
subparagraphs (G) and (H), respectively; and
(3) by inserting after subparagraph (E) the following new
subparagraph:
``(F) provide a strategy and timeline for conducting
training and periodic unannounced drills for persons on the
vessel or at the facility to be carried out under the plan to
deter, to the maximum extent practicable, a transportation
security incident or a substantial threat of such a
transportation security incident;''.
SEC. 3105. ASSISTANCE FOR FOREIGN PORTS.
(a) In General.--Section 70109 of title 46, United States
Code, is amended--
(1) by striking the section heading and inserting the
following:
``Sec. 70109. International cooperation and coordination'';
and
(2) by adding at the end the following:
``(c) Foreign Assistance Programs.--
``(1) In general.--The Secretary, in consultation with the
Secretary of Transportation, the Secretary of State, the
Secretary of Energy, and the Commandant of the United States
Coast Guard, shall identify foreign assistance programs that
could facilitate implementation of port security
antiterrorism measures in foreign countries. The Secretary
shall establish a strategic plan to utilize the programs that
are capable of implementing port security antiterrorism
measures at ports in foreign countries that the Secretary
finds, under section 70108, to lack effective antiterrorism
measures.
``(2) Caribbean basin.--The Secretary, in coordination with
the Secretary of State and in consultation with the
Organization of American States and the Commandant of the
United States Coast Guard, shall place particular emphasis on
utilizing programs to facilitate the implementation of port
security antiterrorism measures at the ports located in the
Caribbean Basin, as such ports pose unique security and
safety threats to the United States due to--
``(A) the strategic location of such ports between South
America and United States;
``(B) the relative openness of such ports; and
``(C) the significant number of shipments of narcotics to
the United States that are moved through such ports.
``(3) International cargo security standards.--The
Secretary, in consultation with the Secretary of State, shall
enter into negotiations with foreign governments and
international organizations, including the International
Maritime Organization, the World Customs Organization, and
the International Standards Organization, as appropriate--
``(A) to promote standards for the security of containers
and other cargo moving within the international supply chain;
``(B) to encourage compliance with minimum technical
requirements for the capabilities of nonintrusive inspection
equipment, including imaging and radiation detection devices,
established under the Maritime Transportation Security Act of
2006;
``(C) to implement the requirements of the container
security initiative under section 70117; and
``(D) to implement standards and procedures established
under section 70119.''.
(b) Report on Security at Ports in the Caribbean Basin.--
Not later than 180 days after the date of the enactment of
this Act, the Comptroller General of the United States shall
submit to the Committee on Commerce, Science, and
Transportation of the Senate, the Committee on Transportation
and Infrastructure of the House of Representatives, and the
Committee on Homeland Security of the House of
Representatives a report on the security of ports in the
Caribbean Basin. The report--
(1) shall include--
(A) an assessment of the effectiveness of the measures
employed to improve security at ports in the Caribbean Basin
and recommendations for any additional measures to improve
such security;
(B) an estimate of the number of ports in the Caribbean
Basin that will not be secured by July 1, 2007, and an
estimate of the financial impact in the United States of any
action taken pursuant to section 70110 of title 46, United
States Code, that affects trade between such ports and the
United States; and
(C) an assessment of the additional resources and program
changes that are necessary to maximize security at ports in
the Caribbean Basin; and
(2) may be submitted in both classified and redacted
formats.
(c) Conforming Amendment.--The chapter analysis for chapter
701 of title 46, United States Code, is amended by striking
the item relating to section 70901 and inserting the
following:
``70901. International cooperation and coordination''.
SEC. 3106. PORT SECURITY GRANTS.
(a) Basis for Grants.--Section 70107(a) of title 46, United
States Code, is amended by striking ``for making a fair and
equitable allocation of funds'' and inserting ``based on risk
and vulnerability''.
(b) Letters of Intent.--Section 70107(e) of title 46,
United States Code, is amended by adding at the end the
following:
``(5) Letters of intent.--The Secretary may execute letters
of intent to commit funding for eligible costs. Not more than
20 percent of the grant funds awarded under this subsection
in any fiscal year may be awarded for projects that span
multiple years.''.
SEC. 3107. OPERATION SAFE COMMERCE.
Section 70107 of title 46, United States Code, is amended
by adding at the end the following new subsection:
``(j) Operation Safe Commerce.--
``(1) In general.--Not later than 1 year after the date of
the enactment of the Maritime Transportation Security Act of
2006, the Secretary shall initiate grant projects that--
``(A) integrate nonintrusive inspection and radiation
detection equipment with automatic identification methods for
containers, vessels, and vehicles;
``(B) test physical access control protocols and
technologies;
``(C) create a data sharing network capable of transmitting
data required by entities participating in the international
supply chain from every intermodal transfer point to the
National Targeting Center of the Department; and
``(D) otherwise further maritime and cargo security, as
determined by the Secretary.
``(2) Supply chain security for special container and
noncontainerized cargo.--
[[Page S9179]]
The Secretary shall consider demonstration projects that
further the security of the international supply chain for
special container cargo, including refrigerated containers,
and noncontainerized cargo, including roll-on/roll-off,
break-bulk, liquid, and dry bulk cargo.
``(3) Annual report.--Not later than March 1 of each year,
the Secretary shall submit a report detailing the results of
Operation Safe Commerce to--
``(A) the Committee on Commerce, Science, and
Transportation of the Senate;
``(B) the Committee on Homeland Security and Government
Affairs of the Senate;
``(C) the Committee on Homeland Security of the House of
Representatives;
``(D) the Committee on Appropriations of the Senate; and
``(E) the Committee on Appropriations of the House of
Representatives.''.
SEC. 3108. PORT SECURITY TRAINING PROGRAM.
(a) In General.--The Secretary, acting through the
Assistant Secretary for Grants and Training and in
coordination with components of the Department with maritime
security expertise, including the Coast Guard, the
Transportation Security Administration, and United States
Customs and Border Protection, shall establish a Port
Security Training Program (in this section referred to as the
``Program'') for the purpose of enhancing the capabilities of
each commercial seaports in the United States to prevent,
prepare for, respond to, mitigate against, and recover from
threatened or actual acts of terrorism, natural disasters,
and other emergencies.
(b) Requirements.--The Program shall provide validated
training that--
(1) reaches multiple disciplines, including Federal, State,
and local government officials, commercial seaport personnel
and management, and governmental and nongovernmental
emergency response providers;
(2) provides training at the awareness, performance, and
management and planning levels;
(3) utilizes multiple training mediums and methods,
including--
(A) direct delivery;
(B) train-the-trainer;
(C) computer-based training;
(D) web-based training; and
(E) video teleconferencing;
(4) addresses port security topics, including--
(A) seaport security plans and procedures, including how
security plans and procedures are adjusted when threat levels
increase;
(B) seaport security force operations and management;
(C) physical security and access control at seaports;
(D) methods of security for preventing and countering cargo
theft;
(E) container security;
(F) recognition and detection of weapons, dangerous
substances, and devices;
(G) operation and maintenance of security equipment and
systems;
(H) security threats and patterns;
(I) security incident procedures, including procedures for
communicating with governmental and nongovernmental emergency
response providers; and
(J) evacuation procedures;
(5) is consistent with, and supports implementation of, the
National Incident Management System, the National Response
Plan, the National Infrastructure Protection Plan, the
National Preparedness Guidance, the National Preparedness
Goal, the National Maritime Transportation Security Plan and
other such national initiatives;
(6) is evaluated against clear and consistent performance
measures;
(7) addresses security requirements under facility security
plans; and
(8) educates, trains, and involves populations of at-risk
neighborhoods around ports, including training on an annual
basis for neighborhoods to learn what to be watchful for in
order to be a ``citizen corps'', if necessary.
(c) National Voluntary Consensus Standards.--The Secretary
shall--
(1) support the development, promulgation, and regular
updating as necessary of national voluntary consensus
standards for port security training; and
(2) ensure that the training provided under this section is
consistent with such standards.
(d) Training Partners.--In developing and delivering
training under the Program, the Secretary shall--
(1) work with government training facilities, academic
institutions, private organizations, employee organizations,
and other entities that provide specialized, state-of-the-art
training for governmental and nongovernmental emergency
responder providers or commercial seaport personnel and
management; and
(2) utilize, as appropriate, training courses provided by
community colleges, public safety academies, State and
private universities, and other facilities.
(e) Consultation.--The Secretary shall ensure that, in
carrying out the Program, the Office of Grants and Training
consults with commercial seaport personnel and management.
(f) Commercial Seaport Personnel Defined.--For purposes of
this section, the term ``commercial seaport personnel'' means
any person engaged in an activity relating to the loading or
unloading of cargo, the movement or tracking of cargo, the
maintenance and repair of intermodal equipment, the operation
of cargo-related equipment (whether or not integral to the
vessel), and the handling of mooring lines on the dock when a
vessel is made fast or let go, in the United States or the
coastal waters thereof.
SEC. 3109. PORT SECURITY EXERCISE PROGRAM.
(a) In General.--The Secretary shall establish a Port
Security Exercise Program (in this section referred to as the
``Program'') for the purpose of testing and evaluating the
capabilities of Federal, State, local, and foreign
governments, commercial seaport personnel and management,
governmental and nongovernmental emergency response
providers, the private sector, or any other organization or
entity, as the Secretary determines to be appropriate, to
prevent, prepare for, mitigate against, respond to, and
recover from acts of terrorism, natural disasters, and other
emergencies at commercial seaports.
(b) Requirements.--The Secretary, acting through the
Assistant Secretary for Grants and Training and in
coordination with components of the Department with maritime
security expertise, including the Coast Guard, the
Transportation Security Administration, and United States
Customs and Border Protection, shall ensure that the
Program--
(1) consolidates all existing port security exercise
programs administered by the Department;
(2) conducts, on a periodic basis, port security exercises
at commercial seaports that are--
(A) scaled and tailored to the needs of each port;
(B) live in the case of the most at-risk ports;
(C) as realistic as practicable and based on current risk
assessments, including credible threats, vulnerabilities, and
consequences;
(D) consistent with the National Incident Management
System, the National Response Plan, the National
Infrastructure Protection Plan, the National Preparedness
Guidance, the National Preparedness Goal, the National
Maritime Transportation Security Plan and other such national
initiatives;
(E) evaluated against clear and consistent performance
measures;
(F) assessed to learn best practices, which shall be shared
with appropriate Federal, State, and local officials, seaport
personnel and management; governmental and nongovernmental
emergency response providers, and the private sector; and
(G) followed by remedial action in response to lessons
learned; and
(3) assists State and local governments and commercial
seaports in designing, implementing, and evaluating exercises
that--
(A) conform to the requirements of paragraph (2); and
(B) are consistent with any applicable Area Maritime
Transportation Security Plan and State or Urban Area Homeland
Security Plan.
(c) Remedial Action Management System.--The Secretary,
acting through the Assistant Secretary for Grants and
Training, shall establish a Remedial Action Management System
to--
(1) identify and analyze each port security exercise for
lessons learned and best practices;
(2) disseminate lessons learned and best practices to
participants in the Program;
(3) monitor the implementation of lessons learned and best
practices by participants in the Program; and
(4) conduct remedial action tracking and long-term trend
analysis.
(d) Grant Program Factor.--In evaluating and prioritizing
applications for the port security grant program under
section 70107 of title 46, United States Code, the Secretary
shall give additional consideration to those applicants that
have conducted port security exercises under this section.
(e) Consultation.--The Secretary shall ensure that, in
carrying out the Program, the Office of Grants and Training
consults with--
(1) governmental and nongovernmental emergency response
providers; and
(2) commercial seaport personnel and management.
(f) Commercial Seaport Personnel Defined.--For purposes of
this section, the term ``commercial seaport personnel'' means
any person engaged in an activity relating to the loading or
unloading of cargo, the movement or tracking of cargo, the
maintenance and repair of intermodal equipment, the operation
of cargo-related equipment (whether or not integral to the
vessel), and the handling of mooring lines on the dock when a
vessel is made fast or let go, in the United States or the
coastal waters thereof.
SEC. 3110. INSPECTION OF CAR FERRIES ENTERING FROM CANADA.
Not later than 120 days after the date of the enactment of
this Act, the Secretary of Homeland Security, acting through
the Commissioner of Customs, in coordination with the
Secretary of State, and their Canadian counterparts, shall
develop a plan for the inspection of passengers and vehicles
before such passengers board, or such vehicles are loaded
onto, a ferry bound for a United States port.
SEC. 3111. DEADLINE FOR TRANSPORTATION WORKER IDENTIFICATION
CREDENTIAL SECURITY CARDS.
Section 70105(a) of title 46, United States Code, is
amended by adding at the end the following:
``(3) The Secretary shall--
``(A) promulgate a final rule to implement this section not
later than January 1, 2007;
[[Page S9180]]
``(B) conduct a complete review of the biometric card
readers not later than 90 days after the promulgation of such
rule; and
``(C) implement this section not later than July 1,
2007.''.
SEC. 3112. PORT SECURITY USER FEE STUDY.
The Secretary of Homeland Security, in consultation with
the Secretary of the Treasury and the United States Trade
Representative, shall conduct a study of the need for, and
feasibility of, establishing a system of oceanborne and port-
related intermodal transportation user fees that could be
imposed and collected as a dedicated revenue source, on a
temporary or continuing basis, to provide necessary funding
for the improvement and maintenance of enhanced port
security. Not later than 1 year after date of the enactment
of this Act, the Secretary shall submit a report to the
appropriate congressional committees that--
(1) contains the Secretary's findings, conclusions, and
recommendations (including legislative recommendations if
appropriate) regarding implementation of user fees;
(2) includes an assessment of the annual amount of customs
fees and duties collected through oceanborne and port-related
transportation and the amount and percentage of such fees and
duties that are dedicated to improving and maintaining
security;
(3) includes an assessment of the impact of the fees,
charges, and standards on the competitiveness of United
States ports and port terminal operators; and
(4) includes recommendations for addressing any negative
impact the fees, charges, and standards have on the
competitiveness of United States ports and port terminal
operators.
SEC. 3113. UNANNOUNCED INSPECTIONS OF MARITIME FACILITIES.
Subparagraph (D) of section 70103(c)(4) of title 46, United
States Code, is amended to read as follows:
``(D) verify the effectiveness of each such facility
security plan periodically, not less than twice annually, at
least one of which shall be an inspection of the facility
that is conducted without notice to the facility.''.
SEC. 3114. FOREIGN PORT ASSESSMENTS.
Section 70108 of title 46, United States Code, is amended
by adding at the end the following:
``(d) Periodic Reassessment.--The Secretary shall reassess
the effectiveness of antiterrorism measures maintained at
ports as described under subsection (a) and of procedures
described in subsection (b) not less than every 3 years.''.
SEC. 3115. PILOT PROGRAM TO IMPROVE THE SECURITY OF EMPTY
CONTAINERS.
(a) In General.--The Secretary, acting through the
Commissioner of Customs, shall conduct a 1-year pilot program
to evaluate and improve the security of empty containers at
United States seaports to ensure the safe and secure delivery
of cargo and to prevent potential acts of terrorism involving
such containers. The pilot program shall include the use of
visual searches of empty containers at United States
seaports.
(b) Report.--Not later than 90 days after the completion of
the pilot program under paragraph (1), the Secretary shall
prepare and submit to the appropriate congressional
committees a report that contains--
(1) the results of pilot program; and
(2) the determination of the Secretary whether or not to
expand the pilot program.
SEC. 3116. DOMESTIC RADIATION DETECTION AND IMAGING.
(a) Examining Containers.--Not later than December 31,
2007, all containers entering the United States through the
busiest 22 seaports of entry shall be examined for radiation.
(b) Strategy.--The Secretary shall develop a strategy for
the deployment of radiation detection capabilities that
includes--
(1) a risk-based prioritization of ports of entry at which
radiation detection equipment will be deployed;
(2) a proposed time line of when radiation detection
equipment will be deployed at each of the ports of entry
identified under paragraph (1);
(3) the type of equipment to be used at each of the ports
of entry identified under paragraph (1), including the joint
deployment and utilization of radiation detection equipment
and nonintrusive imaging equipment;
(4) standard operating procedures for examining containers
with such equipment, including sensor alarming, networking
and communications and response protocols;
(5) operator training plans;
(6) the Department policy for the use of nonintrusive
inspection equipment; and
(7) a classified annex that--
(A) details plans for covert testing; and
(B) outlines the risk-based prioritization of ports of
entry used under paragraph (1).
(c) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary shall submit the
strategy developed under subsection (b) to appropriate
congressional committees.
(d) Other WMD Threats.--Not later than 180 days after the
date of the enactment of this Act, the Secretary shall submit
a strategy for the deployment of equipment to detect
chemical, biological, and other weapons at all ports of entry
into the United States to appropriate congressional
committees.
(e) Implementation.--Not later than 2 years after the date
of the enactment of this Act, the Secretary shall fully
implement the strategy developed under subsection (b).
SEC. 3117. EVALUATION OF THE ENVIRONMENTAL HEALTH AND SAFETY
IMPACTS OF NONINTRUSIVE INSPECTION TECHNOLOGY.
(a) Radiation Safety.--Not later than 90 days after the
date of the enactment of this Act, the Director of the
National Institutes of Health, in conjunction with the
Director of the Domestic Nuclear Detection Office and the
Commissioner of Customs, shall--
(1) conduct an evaluation of the health and safety impacts
of non-intrusive inspection technology; and
(2) identify appropriate operational protocols for the use
of United States Customs and Border Protection non-intrusive
inspection equipment.
(b) Submission to Congress.--The final evaluation conducted
under subsection (a) shall be transmitted to the appropriate
congressional committees not later than 180 days after the
date of the enactment of this Act.
SEC. 3118. AUTHORIZATION FOR CUSTOMS AND BORDER PROTECTION
PERSONNEL.
The Act of February 13, 1911 (36 Stat. 901, chapter 46; 19
U.S.C. 267) is amended by inserting after section 5 the
following new section:
``SEC. 5A. AUTHORIZATION FOR CUSTOMS AND BORDER PROTECTION
PERSONNEL.
``(a) In General.--In addition to any monies hereafter
appropriated to the United States Customs and Border
Protection of the Department of Homeland Security, there are
authorized to be appropriated for the purpose of increasing
the number of Customs and Border Protection personnel, to
remain available until expended, the following:
``(1) $88,000,000 in fiscal year 2007.
``(2) $176,000,000 in fiscal year 2008.
``(3) $189,000,000 in fiscal year 2009.
``(b) Additional Personnel.--The additional personnel
authorized under subsection (a) shall include:
``(1) 1,000 additional Customs and Border Protection
Officers at United States ports of entry, of which the
Commissioner of Customs shall assign--
``(A) at least 1 additional officer at each port of entry
in the United States; and
``(B) the balance of the additional officers authorized by
this subsection among ports of entry in the United States
based upon the volume of trade.
``(2) 100 nonsupervisory import specialists for the purpose
of performing trade facilitation and enforcement functions.
``(c) Resource Allocation Model.--Not later than 1 year
after the date of the enactment of this Act, and every 2
years thereafter, the Commissioner of Customs shall prepare
and submit to the Committee on Finance of the Senate and the
Committee on Ways and Means of the House of Representatives a
Resource Allocation Model to determine the optimal staffing
levels required to carry out the commercial operations of the
United States Customs and Border Protection, including
inspection and cargo clearance and the revenue functions
described in section 412(b)(2) of the Homeland Security Act
of 2002 (6 U.S.C. 212(b)(2)). The model shall comply with the
requirements of section 412(b)(1) of such Act and shall take
into account previous staffing models and historic and
projected trade volumes and trends. The Resource Allocation
Model shall apply both risk-based and random sampling
approaches for determining adequate staffing needs for
priority trade functions, including--
``(1) performing revenue functions;
``(2) enforcing antidumping and countervailing laws;
``(3) protecting intellectual property rights;
``(4) enforcing provisions of law relating to textiles;
``(5) conducting agricultural inspections; and
``(6) enforcing penalties.''.
SEC. 3119. STRATEGIC PLAN.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary, in consultation
with appropriate Federal, State, local, and tribal government
agencies, public port authorities, and private sector
stakeholders responsible for security matters that affect or
relate to the movement of containers through the
international supply chain, shall submit, to appropriate
congressional committees, a comprehensive strategic plan to
enhance international supply chain.
(b) Content.--The strategic plan submitted under subsection
(a) shall--
(1) clarify and delineate the roles, responsibilities, and
authorities of Federal, State, local, and tribal government
agencies and private sector stakeholders that relate to the
security of the movement of containers arriving in, departing
from, or moving through seaports of the United States;
(2) provide measurable goals, including objectives,
mechanisms, and a schedule, for furthering the security of
commercial operations from point of origin to point of
destination;
(3) build on available resources and consider costs and
benefits;
(4) identify mandatory, baseline security goals, and the
minimum container security standards and procedures;
(5) include a process for sharing intelligence and
information with private sector stakeholders to assist in
their security efforts;
(6) identify a framework for prudent and measured response
in the event of a transportation security incident (as
defined in section 70101 of title 46, United States Code,) in
a United States seaport;
[[Page S9181]]
(7) provide a plan for the expeditious resumption of the
flow of legitimate trade in accordance with the amendments
made by section 3120 of this Act;
(8) focus on the secure movement of containerized cargo;
(9) consider the linkages between supply chain security and
security programs within other systems of movement, including
travel security and terrorist financing programs;
(10) expand upon and relate to existing strategies and
plans, including the National Strategy for Maritime Security
and the National Maritime Transportation Security Plan; and
(11) ensure that supply chain security mandates and
voluntary programs, to the extent practicable, provide even-
handed treatment for affected parties of the same type,
regardless of the size of the particular business.
(c) Update.--Not less than 3 years after the strategic plan
is submitted under subsection (a), the Secretary shall submit
an update of the strategic plan to appropriate congressional
committees.
(d) Consultations.--Consultations described in subsection
(a) shall focus on--
(1) designing measurable goals, including objectives,
mechanisms, and a schedule, for furthering the security of
the international supply chain;
(2) identifying and addressing gaps in capabilities,
responsibilities, resources, or authorities;
(3) identifying and streamlining unnecessary overlaps in
capabilities, responsibilities, or authorities; and
(4) identifying and making recommendations regarding
legislative, regulatory, and organizational changes necessary
to improve coordination among the entities or to enhance the
security of the international supply chain.
(e) Utilization of Advisory Committees.--As part of the
consultative process, the Secretary shall utilize the
Homeland Security Advisory Committee, the National Maritime
Security Advisory Committee, and the Commercial Operations
Advisory Committee to review the draft strategic plan and any
subsequent update to that plan.
(f) International Standards and Practices.--In furtherance
of the strategic plan, the Secretary is encouraged to
consider proposed or established standards and practices of
foreign governments and international organizations,
including, as appropriate, the International Maritime
Organization, the World Customs Organization, the
International Labor Organization, and the International
Organization for Standardization to establish standards and
best practices for the security of containers moving through
the international supply chain.
SEC. 3120. RESUMPTION OF TRADE.
(a) Section 70103(a)(2)(J) of title 46, United States Code,
is amended by inserting after the end period: ``The plan
shall provide, to the extent practicable, preference in the
reestablishment of the flow of cargo through United States
ports after a transportation security incident to--
``(i) vessels that have a vessel security plan approved
under subsection (c) or vessels that have a valid
international ship security certificate; and
``(ii) vessels manned by individuals who are described in
section 70105(b)(2)(B) and who have undergone a background
records check under section 70105(d) or who hold
transportation security cards issued under section 70105.''.
(b) Title III of the Tariff Act of 1930 is amended by
inserting after section 318 the following new section:
``SEC. 318A. TRADE RESUMPTION PLAN.
``(a) Definitions.--In this section:
``(1) Inspection.--The term `inspection' means the
comprehensive process used by the personnel of the United
States Customs and Border Protection to assess goods entering
the United States for duty purposes, to detect the presence
of restricted or prohibited items, or to ensure compliance
with applicable laws. The process may include screening,
conducting an examination, or conducting a search.
``(2) Targeting.--The term `targeting' means the process
used by the personnel of the United States Customs and Border
Protection to determine the risk of security or trade
violations associated with cargo bound for the United States.
``(3) Transportation disruption.--The term `transportation
disruption' means any significant delay, interruption, or
stoppage in the flow of international trade caused by a
natural disaster, labor dispute, heightened threat level, an
act of terrorism, or any transportation security incident
defined in section 1572.3 of title 49, Code of Federal
Regulations.
``(b) Trade Resumption Plan.--Not later than 1 year after
the date of the enactment of this Act, the Commissioner of
Customs shall develop a Trade Resumption Plan to provide for
the resumption of trade in the event of a transportation
disruption. The Plan shall include--
``(1) a program to redeploy resources and personnel, as
necessary, to reestablish the flow of international trade in
the event of a transportation disruption;
``(2) a training program to periodically instruct personnel
of the United States Customs and Border Protection in trade
resumption functions in the event of a transportation
disruption;
``(3) a plan to revise cargo targeting and inspection
protocols to meet the security and trade facilitation needs
of the United States following a transportation disruption,
including, to the extent practicable, giving priority to--
``(A) cargo originating from a designated port described in
section 629(j);
``(B) cargo that has been handled, stored, shipped, and
imported by, or otherwise processed by, a tier 3 participant
in the Customs-Trade Partnership Against Terrorism (C-TPAT);
``(C) cargo that has undergone nuclear or radiological
detection scan, x-ray or density scan, and optical character
recognition scan, at the last port of departure prior to
arrival in the United States;
``(D) cargo transported in containers with tamper-proof
seals;
``(E) perishable cargo; and
``(F) any other cargo the Commissioner considers
appropriate;
``(4) a plan to communicate any revised procedures or
instructions to the private sector following a transportation
disruption; and
``(5) a plan to coordinate trade facilitation efforts among
affected ports of entry following a transportation
disruption.
``(c) Consultations.--
``(1) In general.--The Commissioner of Customs shall
consult with appropriate government agencies, port
authorities, terminal operators, and the Customs Commercial
Operations Advisory Committee (COAC) in the development of
the Trade Resumption Plan.
``(2) Public comment.--The Commissioner of Customs shall
afford port authorities, terminal operators, and the COAC 60
days in which to comment on a draft Trade Resumption Plan
before finalizing such plan.
``(d) Exercises.--The Commissioner of Customs shall
coordinate annual exercises with appropriate Federal, State,
and local agencies, port authorities, terminal operators, and
tier 3 participants in the C-TPAT to practice and prepare for
implementation of the Trade Resumption Plan. Such exercises
shall be coordinated with the Coast Guard's area maritime
security plan exercises.
``(e) Report and Consultation.--Not later than 180 days
after the date that the annual exercises described in
subsection (d) are completed, the Commissioner of Customs
shall submit a report to the Committee on Finance of the
Senate and the Committee on Ways and Means of the House of
Representatives on the status of the Trade Resumption Plan
required by subsection (b) and the result of exercises
required by subsection (d), and shall consult with the
committees regarding any proposals to revise the Plan.''.
SEC. 3121. AUTOMATED TARGETING SYSTEM.
Title III of the Tariff Act of 1930, as added by section
3120 of this Act, is amended by inserting after section 318A
the following:
``SEC. 318B. AUTOMATED TARGETING SYSTEM.
``(a) In General.--The Secretary of Homeland Security,
acting through the Commissioner of Customs, shall develop and
maintain an antiterrorism cargo identification and screening
system for containerized cargo shipped to the United States
either directly or via a foreign port to assess imports and
target those imports that pose a high risk of containing
contraband.
``(b) 24-Hour Advance Notification.--In order to provide
the best possible data for the Automated Targeting System,
the Commissioner shall require importers shipping goods to
the United States via cargo container to supply advanced
trade data or a subset thereof not later than 24 hours before
loading a container under the advance notification
requirements under section 484(a)(2). The requirement shall
apply to goods entered on or after July 1, 2007.
``(c) New or Expanded Information Submissions.--
``(1) In general.--Any additional information submissions
allowable within the Commissioner's existing authority or
submitted voluntarily by supply chain participants shall be
transmitted in a secure fashion, as determined by the
Commissioner and in accordance with this subsection, to
protect the information from unauthorized access.
``(2) Confidentiality of information.--Information that is
required of, or voluntarily submitted by, supply chain
participants to the United States Customs and Border
Protection for purposes of this section--
``(A) shall be exempt from disclosure under section 552 of
title 5, United States Code (commonly referred to as the
Freedom of Information Act);
``(B) shall not, without the written consent of the person
or entity submitting such information, be used directly by
the Department or a third party, in any civil action arising
under Federal or State law if such information is submitted
in good faith; and
``(C) shall not, without the written consent of the person
or entity submitting such information, be used or disclosed
by any officer or employee of the United States for purposes
other than the purposes of this section, except--
``(i) in furtherance of an investigation or other
prosecution of a criminal act; or
``(ii) when disclosure of the information would be--
``(I) to either House of Congress, or to the extent of
matter within its jurisdiction, any committee or subcommittee
thereof, any joint committee thereof or subcommittee of any
such joint committee; or
``(II) to the Comptroller General, or any authorized
representative of the Comptroller General, in the course of
the performance of the duties of the Comptroller General.
``(3) Independently obtained information.--Nothing in this
subsection shall be
[[Page S9182]]
construed to limit or otherwise affect the ability of a
Federal, State, or local, government entity, under applicable
law, to obtain supply chain security information, including
any information lawfully and properly disclosed generally or
broadly to the public and to use such information in any
manner permitted by law.
``(4) Penalties.--Any person who is an officer or employee
of the United States and knowingly publishes, divulges,
discloses, or makes known in any manner or to any extent not
authorized by law, any supply chain security information
protected in this section from disclosure, shall be--
``(A) fined under title 18, United States Code, imprisoned
not more than 1 year, or both; and
``(B) removed from office or employment.
``(5) Authority to issue warnings.--The Secretary may
provide advisories, alerts, and warnings to relevant
companies, targeted sectors, other governmental entities, or
the general public regarding potential risks to the supply
chain as appropriate. In issuing a warning under this
paragraph, the Secretary shall take appropriate actions to
protect from disclosure--
``(A) the source of any voluntarily submitted supply chain
security information that forms the basis for the warning;
and
``(B) information that is proprietary, business sensitive,
relates specifically to the submitting person or entity, or
is otherwise not appropriately in the public domain.
``(6) System improvements.--The Automated Targeting System
used by the United States Customs and Border Protection to
identify cargo for increased inspection prior to the
clearance of such cargo into the United States shall include
a component to permit--
``(A) the electronic comparison of similar manifest and
available entry data for cargo entered into or bound for the
United States, in order to efficiently identify cargo for
increased inspection or expeditious release following a
transportation disruption; and
``(B) the electronic isolation of select data elements
relating to cargo entered into or bound for the United
States, in order to efficiently identify cargo for increased
inspection or expeditious release following a transportation
disruption.
``(d) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to the Secretary of Homeland Security to carry out the
Automated Targeting System to identify high-risk oceanborne
container cargo for inspection--
``(A) $30,700,000 for fiscal year 2007;
``(B) $33,200,000 for fiscal year 2008; and
``(C) $35,700,000 for fiscal year 2009.
``(2) Supplement.--The amounts authorized by this
subsection shall be in addition to any other amounts
authorized to be appropriated to carry out that the Automated
Targeting System.''.
SEC. 3122. CONTAINER SECURITY INITIATIVE.
(a) Authorization.--The Secretary, acting through the
Commissioner of Customs, is authorized to establish and
implement a program (to be known as the ``Container Security
Initiative'' or ``CSI'') to identify and examine maritime
containers that pose a security risk at foreign ports before
the containers are shipped to the United States.
(b) Assessment.--Before the Secretary designates any
foreign port under CSI, the Secretary, in coordination with
other Federal officials, as appropriate, shall conduct an
assessment of the port to evaluate the costs, benefits, and
other factors associated with such designation, including--
(1) the level of risk for the potential compromise of
containers by terrorists or terrorist weapons;
(2) the smuggling of narcotics;
(3) large scale violations of united States trade laws,
including intellectual property rights and textile
transshipment;
(4) the economic impact of cargo traveling from the foreign
port to the United States in terms of trade value and volume;
(5) the results of the Coast Guard assessments conducted
pursuant to section 70108 of title 46, United States Code;
(6) the capabilities and level of cooperation expected of
the government of the intended host country;
(7) the willingness of the government of the intended host
country to permit validation of security practices within the
country in which the foreign port is located, for the
purposes of C-TPAT or similar programs; and
(8) the potential for C-TPAT cargo traveling through the
foreign port.
(c) Annual Report.--Not later than March 1 of each year in
which the Secretary proposes to designate a foreign port
under CSI, the Secretary shall submit a report, in classified
or unclassified form, detailing the assessment of each
foreign port the Secretary is considering designating under
CSI, to appropriate congressional committees.
(d) Current CSI Ports.--The report under subsection (c)
shall include an annual assessment justifying the continuance
of each port designated under CSI as of the date of enactment
of this Act.
(e) Designation of New Ports.--The Secretary shall not
designate a foreign port under CSI unless the Secretary has
completed the assessment required in subsection (b) for that
port and submitted a report under subsection (c) that
includes that port.
(f) Negotiations.--The Secretary may request that the
Secretary of State, in conjunction with the United States
Trade Representative, enter into trade negotiations with the
government of each foreign country with a port designated
under CSI, as appropriate, to ensure full compliance with the
requirements under CSI.
(g) Inspections.--
(1) Requirements and procedures.--The Secretary shall--
(A) establish technical capability requirements and
standard operating procedures for the use of nonintrusive
inspection and radiation detection equipment in conjunction
with CSI;
(B) require that the equipment operated at each port
designated under CSI be operated in accordance with the
requirements and procedures established under subparagraph
(A); and
(C) continually monitor the technologies, processes, and
techniques used to inspect cargo at ports designated under
CSI.
(2) Considerations.--
(A) Consistency of standards and procedures.--In
establishing the technical capability requirements and
standard operating procedures under paragraph (1)(A), the
Secretary shall take into account any such relevant standards
and procedures utilized by other Federal departments or
agencies as well as those developed by international bodies.
(B) Applicability.--The technical capability requirements
and standard operating procedures established pursuant to
paragraph (1)(A) shall not apply to activities conducted
under the Megaports Initiative of the Department of Energy.
(3) Foreign assistance.--
(A) In general.--The Secretary, in coordination with the
Secretary of State, the Secretary of Energy, and other
Federal agencies, shall identify foreign assistance programs
that could facilitate the implementation of cargo security
antiterrorism measures at ports designated under CSI and
foreign ports not designated under CSI that lack effective
antiterrorism measures.
(B) Acquisition.--The Secretary may--
(i) lease, loan, provide, or otherwise assist in the
deployment of non-intrusive inspection and handheld radiation
detection equipment at foreign seaports under such terms and
conditions as the Secretary prescribes, including
nonreimbursable loans or the transfer of ownership of
equipment; and
(ii) provide training and technical assistance for domestic
or foreign personnel responsible for operating or maintaining
such equipment.
(C) Training.--The Secretary may provide training on the
use of inspection equipment, or other training that the
Secretary determines to be appropriate to secure the
international supply chain, to foreign personnel at each port
designated under CSI.
(h) Personnel.--The Secretary shall--
(1) annually assess the personnel needs at each port
designated under CSI; and
(2) deploy personnel in accordance with the assessment
under paragraph (1).
(i) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary to carry out this
section--
(1) $142,000,000 for fiscal year 2007;
(2) $144,000,000 for fiscal year 2008; and
(3) $146,000,000 for fiscal year 2009.
SEC. 3123. CUSTOMS-TRADE PARTNERSHIP AGAINST TERRORISM
VALIDATION PROGRAM.
(a) Establishment.--
(1) Establishment.--The Secretary is authorized to
establish a voluntary program (to be known as the ``Customs-
Trade Partnership Against Terrorism'' or ``C-TPAT'') to
strengthen and improve the overall security of the
international supply chain and United States border security.
(2) Minimum security requirements.--The Secretary shall
review the minimum security requirements of C-TPAT at least
once every year and update such requirements as necessary.
(b) Eligible Entities.--Importers, customs brokers,
forwarders, air, sea, land carriers, contract logistics
providers, and other entities in the international supply
chain and intermodal transportation system are eligible to
apply to voluntarily enter into partnerships with the
Department under C-TPAT.
(c) Minimum Requirements.--An applicant seeking to
participate in C-TPAT shall--
(1) demonstrate a history of moving commerce in the
international supply chain;
(2) conduct an assessment of its supply chains based upon
security criteria established by the Secretary, including--
(A) business partner requirements;
(B) container security;
(C) physical security and access controls;
(D) personnel security;
(E) procedural security;
(F) security training and threat awareness; and
(G) information technology security;
(3) implement and maintain security measures and supply
chain security practices meeting security criteria; and
(4) meet all other requirements established by the
Secretary.
(d) Tier One Participants.--
(1) Benefits.--The Secretary may offer limited benefits to
C-TPAT participants whose security measures and supply chain
security practices have been certified in accordance with the
guidelines established pursuant to subsection (c).
(2) Guidelines.--The Secretary shall update guidelines for
certifying a C-TPAT participant's security measures and
supply chain security practices under this section.
(e) Tier Two Participants.--
(1) In general.--Not later than 1 year after a C-TPAT
participant has been certified under subsection (d), the
Secretary shall
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validate the security measures and supply chain security
practices of that participant. Such validation shall include
assessments at appropriate foreign locations utilized by the
participant as part of the supply chain.
(2) Consequences for failed validation.--If a C-TPAT
participant's security measures and supply chain security
practices fail to meet the validation requirements under this
section, the Commissioner of Customs may--
(A) deny the participant benefits under C-TPAT on a
temporary or permanent basis; or
(B) suspend or expel the participant from C-TPAT.
(3) Right of appeal.--A C-TPAT participant described in
this subsection may file an appeal with the Secretary of the
Commissioner's decision under paragraph (2) to deny benefits
under C-TPAT or under paragraph (2) to suspend or expel the
participant from C-TPAT.
(4) Benefits.--The Secretary shall extend benefits to each
C-TPAT participant that has been validated under this
section, which may include--
(A) reduced examinations; and
(B) priority processing for searches.
(f) Tier Three Participants.--
(1) In general.--The Secretary shall establish a third tier
of C-TPAT that offers additional benefits to C-TPAT
participants that demonstrate a sustained commitment beyond
the minimum criteria for participation in C-TPAT.
(2) Additional criteria.--The Secretary shall designate
criteria for C-TPAT participants under this section that may
include criteria to ensure--
(A) cargo is loaded on a vessel with a vessel security plan
approved under section 70103(c) of title 46, United States
Code, or on a vessel with a valid International Ship Security
Certificate as provided for under part 104 of title 33, Code
of Federal Regulations;
(B) container security devices, policies, or practices that
exceed the standards and procedures established by the
Secretary are utilized; and
(C) cargo complies with any other requirements determined
by the Secretary.
(3) Benefits.--The Secretary, in consultation with the
Commercial Operations Advisory Committee (COAC) and the
National Maritime Security Advisory Committee, may provide
benefits to C-TPAT participants under this section, which may
include--
(A) the expedited release of tier three cargo into
destination ports within the United States during all threat
levels designated by the Secretary;
(B) preference to vessels;
(C) further reduced examinations;
(D) priority processing for examinations; and,
(E) further reduced scores in the Automated Targeting
System.
(4) Definition.--In this section, the term ``container
security device'' means a mechanical or electronic device
designed to, at a minimum, positively identify containers and
detect and record unauthorized intrusion of containers. Such
devices shall have false alarm rates that have been
demonstrated to be below one percent.
(g) Consequences for Lack of Compliance.--
(1) In general.--If a C-TPAT participant's security
measures and supply chain security practices fail to meet any
of the requirements under this title, the Commissioner may
deny the participant benefits in whole or in part under this
section.
(2) False or misleading information.--If a C-TPAT
participant intentionally provides false or misleading
information during the validation process of the participant
under this section, the Commissioner of Customs shall suspend
or expel the participant from C-TPAT for a period of not less
than 5 years.
(3) Right of appeal.--A C-TPAT participant may file an
appeal with the Secretary of the Commissioner's decision
under this subsection to deny benefits or suspend or expel
the participant from C-TPAT.
(h) Revalidation.--The Secretary shall establish a process
for revalidating C-TPAT participants under this title. Such
revalidation shall occur not less frequently than once during
every 4-year period following the initial validation.
(i) Non-Containerized Cargo.--The Secretary may consider
the potential for participation in C-TPAT by importers of
non-containerized cargoes that otherwise meet the
requirements under this section.
(j) Strategic Plan.--A 5-year Strategic Plan to identify
outcome-based goals and performance measures of the Program.
(1) Annual plan.--An annual plan for each fiscal year
designed to match available resources to the projected
workload.
(2) Resource management staffing plan.--The Commissioner
shall--
(A) develop a staffing plan to recruit, train, and retain
staff (including a formalized training program) to meet the
objectives identified in the strategic plan;
(B) conduct a study of the Program's training needs and
develop a comprehensive training program to support the
certification, validation, and revalidation processes of the
Program; and
(C) provide cross-training in post-incident trade
resumption for personnel engaged in the Program.
(k) Additional Personnel.--In each of the fiscal years 2007
through 2009, the Secretary shall increase by not less than
50 (over the previous fiscal year) the number of positions
for validation and revalidation activities of the C-TPAT, and
shall provide appropriate training and support for the
positions.
(l) Confidential Information Safeguards.--In consultation
with COAC, the Commissioner shall develop and implement
procedures to ensure the protection of confidential data
collected, stored, or shared with government agencies or as
part of the application, validation, or revalidation. The
procedures shall include--
(1) measures for protecting data shared with any government
agency;
(2) measures for providing a secure system for document
storage accessible only to the appropriate personnel;
(3) measures for storing all electronic files in a manner
that prevents theft, copying, or deletion; and
(4) measures for labeling all records to clearly mark what
is considered confidential or a trade secret.
(m) Authorization of Appropriations.--There are authorized
to be appropriated $75,000,000 for each of the fiscal years
2007 through 2009 to carry out this section.
SEC. 3124. TECHNICAL REQUIREMENTS FOR NON-INTRUSIVE
INSPECTION EQUIPMENT.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Director of the Domestic
Nuclear Detection Office, in consultation with the Director
of the National Institute of Science and Technology and the
Commissioner of Customs, shall initiate a rulemaking--
(1) to establish minimum technical requirements for the
capabilities of non-intrusive inspection equipment for cargo,
including imaging and radiation devices; and
(2) to ensure that all equipment used can detect risks and
threats as determined appropriate by the Secretary.
(b) Endorsements; Sovereignty Conflicts.--In establishing
such requirements, the Director of the Domestic Nuclear
Detection Office shall be careful to avoid the endorsement of
products associated with specific companies.
(c) Final Rule Deadline.--The Director of the Domestic
Nuclear Detection Office shall issue a final rule under
subsection (a) not later than 1 year after the rulemaking
proceeding is initiated.
SEC. 3125. RANDOM INSPECTION OF CONTAINERS.
Not later than 1 year after the date of the enactment of
this Act, the Commissioner of Customs shall develop and
implement a plan, utilizing best practices for empirical
scientific research design and random sampling standards for
random physical inspection of shipping containers in addition
to any targeted or pre-shipment inspection of such containers
required by law or regulation or conducted under any other
program conducted by the Commissioner. Nothing in this
section shall be construed to mean that implementation of the
random sampling plan would preclude the additional physical
inspection of shipping containers not inspected pursuant to
the plan.
SEC. 3126. INTERNATIONAL TRADE DATA SYSTEM.
(a) In General.--Section 411 of the Tariff Act of 1930 (19
U.S.C. 1411) is amended by adding at the end the following
new subsections:
``(d) International Trade Data System.--
``(1) Establishment.--
``(A) In general.--The Secretary of the Treasury (in this
section, referred to as the `Secretary') shall oversee the
establishment of an electronic trade data interchange system
to be known as the `International Trade Data System' (ITDS).
The ITDS shall be implemented not later than the date that
the Automated Commercial Environment (commonly referred to as
`ACE') is implemented.
``(B) Purpose.--The purpose of the ITDS is to eliminate
redundant information requirements, to efficiently regulate
the flow of commerce, and to effectively enforce laws and
regulations relating to international trade, by establishing
a single portal system, operated by the United States Customs
and Border Protection, for the collection and distribution of
standard electronic import and export data required by all
Federal agencies.
``(C) Participation.--
``(i) In general.--All Federal agencies that require
documentation for clearing or licensing the importation and
exportation of cargo shall participate in the ITDS.
``(ii) Waiver.--The Director of the Office of Management
and Budget may waive, in whole or in part, the requirement
for participation for any Federal agency based on national
security.
``(D) Consultation.--The Secretary shall consult with and
assist agencies in the transition from paper to electronic
format for the submission, issuance, and storage of documents
relating to data required to enter cargo into the United
States.
``(2) Data elements.--
``(A) In general.--The Interagency Steering Committee
established under paragraph (3) shall, in consultation with
the agencies participating in the ITDS, define the standard
set of data elements to be collected, stored, and shared in
the ITDS. The Steering Committee shall periodically review
the data elements in order to update the data elements, as
necessary.
``(B) Harmonization.--The Interagency Steering Committee
shall ensure that the ITDS data requirements are compatible
with the commitments or obligations established by the World
Customs Organization (WCO) and the World Trade Organization
(WTO) for the entry of cargo.
``(C) Coordination.--The Secretary of the Treasury shall be
responsible for coordinating operation of the ITDS among the
participating agencies and the office within the
[[Page S9184]]
United States Customs and Border Protection that is
responsible for maintaining the ITDS.
``(3) Steering committee.--There is established an
Interagency Steering Committee. The members of the committee
shall include the Secretary of the Treasury (who shall serve
as the chairperson of the committee), the Director of the
Office of Management and Budget, and the head of each agency
participating in the ITDS. The Steering Committee shall
assist the Secretary of the Treasury in overseeing the
implementation of, and participation in, the ITDS.
``(4) Report.--The Steering Committee shall submit a report
annually to the Committee on Finance of the Senate and the
Committee on Ways and Means of the House of Representatives.
Each report shall include information on--
``(A) the status of the ITDS implementation;
``(B) the extent of participation in the ITDS by Federal
agencies;
``(C) the remaining barriers to any agency's participation;
``(D) the extent to which the ITDS is consistent with
applicable standards established by the World Customs
Organization and the World Trade Organization;
``(E) recommendations for technological and other
improvements to the ITDS; and
``(F) the status of the Bureau's development,
implementation, and management of the Automated Commercial
Environment.
``(e) Treasury Oversight.--The Secretary of the Treasury
shall ensure that no fewer than 5 full-time equivalents in
the Office of Tax, Trade, and Tariff Policy are available--
``(1) to carry out oversight of the customs revenue
functions delegated to the Secretary of Homeland Security
pursuant to section 412 of the Homeland Security Act of 2002
(6 U.S.C. 212); and
``(2) to carry out oversight of the International Trade
Data System established under this section.
``(f) Authorization of Appropriations.--There are
authorized to be appropriated for each of the fiscal years
2007, 2008, and 2009, $750,000 for salaries and expenses
required to carry out subsection (e).''.
TITLE XXXII--RAIL SECURITY
SEC. 3201. SHORT TITLE.
This title may be cited as the ``Rail Security Act of
2006''.
SEC. 3202. RAIL TRANSPORTATION SECURITY RISK ASSESSMENT.
(a) In General.--
(1) Vulnerability and risk assessment.--The Secretary of
Homeland Security shall establish a task force, consisting of
representatives of the Transportation Security
Administration, the Department of Transportation, and other
appropriate Federal agencies, which shall complete a
vulnerability and risk assessment of freight and passenger
rail transportation (including railroads, as that term is
defined in section 20102(1) of title 49, United States Code).
The assessment shall include--
(A) a methodology for conducting the risk assessment,
including timelines, that addresses how the Secretary of
Homeland Security will work with the entities describe in
subsection (b) and make use of existing expertise within the
Department of Homeland Security, the Department of
Transportation, and other appropriate Federal agencies;
(B) the identification and evaluation of critical assets
and infrastructures;
(C) the identification of vulnerabilities and risks to
those assets and infrastructures;
(D) the identification of vulnerabilities and risks that
are specific to the transportation of hazardous materials by
railroad;
(E) the identification of security weaknesses in passenger
and cargo security, transportation infrastructure, protection
systems, procedural policies, communications systems,
employee training, emergency response planning, and any other
area identified by the assessment; and
(F) an account of actions taken or planned by public and
private entities to address identified rail security issues
and assess the effective integration of such actions.
(2) Recommendations.--Based on the assessment conducted
under paragraph (1), the Secretary of Homeland Security, in
consultation with the Secretary of Transportation, shall
develop prioritized recommendations for improving rail
security, including any recommendations the Secretary has
for--
(A) improving the security of rail tunnels, rail bridges,
rail switching and car storage areas, other rail
infrastructure and facilities, information systems, and other
areas identified by the Secretary as posing significant rail-
related risks to public safety and the movement of interstate
commerce, taking into account the impact that any proposed
security measure might have on the provision of rail service;
(B) deploying equipment to detect explosives and hazardous
chemical, biological, and radioactive substances, and any
appropriate countermeasures;
(C) training appropriate railroad or railroad shipper
employees in terrorism prevention, passenger evacuation, and
response activities;
(D) conducting public outreach campaigns on passenger
railroads;
(E) deploying surveillance equipment; and
(F) identifying the immediate and long-term costs of
measures that may be required to address those risks.
(3) Plans.--The report required under subsection (c) shall
include--
(A) a plan, developed in consultation with the freight and
intercity passenger railroads and State and local
governments, for the Federal Government to provide increased
security support at high or severe threat levels of alert;
(B) a plan for coordinating existing and planned rail
security initiatives undertaken by the public and private
sectors; and
(C) a contingency plan, developed in conjunction with
freight and intercity and commuter passenger railroads, to
ensure the continued movement of freight and passengers in
the event of an attack affecting the railroad system, which
shall contemplate--
(i) the possibility of rerouting traffic due to the loss of
critical infrastructure, such as a bridge, tunnel, yard, or
station; and
(ii) methods of continuing railroad service in the
Northeast Corridor in the event of a commercial power loss,
or catastrophe affecting a critical bridge, tunnel, yard, or
station.
(b) Consultation; Use of Existing Resources.--In carrying
out the assessment and developing the recommendations and
plans required by subsection (a), the Secretary of Homeland
Security shall consult with rail management, rail labor,
owners or lessors of rail cars used to transport hazardous
materials, first responders, shippers of hazardous materials,
public safety officials, and other relevant parties.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit a report to
the Committee on Commerce, Science, and Transportation of the
Senate, the Committee on Transportation and Infrastructure of
the House of Representatives, and the Committee on Homeland
Security of the House of Representatives. The report shall
contain the assessment, prioritized recommendations, and
plans required under subsection (a) and an estimate of the
cost to implement such recommendations. The Secretary may
submit the report in both classified and redacted formats if
the Secretary determines that such action is appropriate or
necessary.
(d) Annual Updates.--The Secretary of Homeland Security, in
consultation with the Secretary of Transportation, shall
update the assessment and recommendations each year and
transmit a report, which may be submitted in both classified
and redacted formats, to the committees named in subsection
(c)(1), containing the updated assessment and
recommendations.
(e) Funding.--From the funds appropriated for fiscal year
2007, pursuant to section 114(u) of title 49, United States
Code (as added by section 3217(a)), $5,000,000 shall be made
available to the Secretary of Homeland Security to carry out
this section.
SEC. 3203. SYSTEMWIDE AMTRAK SECURITY UPGRADES.
(a) In General.--Subject to subsection (c), the Secretary
of Homeland Security, in consultation with the Assistant
Secretary of the Transportation Security Administration, may
award grants to Amtrak--
(1) to secure major tunnel access points and ensure tunnel
integrity in New York, Baltimore, and Washington, D.C.;
(2) to secure Amtrak trains;
(3) to secure Amtrak stations;
(4) to obtain a watch list identification system approved
by the Secretary;
(5) to obtain train tracking and interoperable
communications systems that are coordinated to the maximum
extent possible;
(6) to hire additional police and security officers,
including canine units;
(7) to expand emergency preparedness efforts; and
(8) for employee security training.
(b) Conditions.--The Secretary of Transportation shall
disburse funds provided to Amtrak under subsection (a) for
projects contained in an Amtrak systemwide security plan
approved by the Secretary of Homeland Security. The plan
shall include appropriate measures to address security
awareness, emergency response, and passenger evacuation
training.
(c) Equitable Geographic Allocation.--The Secretary of
Homeland Security shall ensure that, subject to meeting the
highest security needs on Amtrak's entire system and
consistent with the risk assessment required under section
3202, stations and facilities located outside of the
Northeast Corridor receive an equitable share of the security
funds authorized by this section.
(d) Funding.--
(1) In general.--From the funds appropriated pursuant to
section 114(u) of title 49, United States Code (as added by
section 3217(a)), there shall be made available to the
Secretary of Homeland Security and the Assistant Secretary of
the Transportation Security Administration to carry out this
section--
(A) $63,500,000 for fiscal year 2007;
(B) $30,000,000 for fiscal year 2008; and
(C) $30,000,000 for fiscal year 2009.
(2) Availability.--Amounts appropriated pursuant to this
subsection shall remain available until expended.
SEC. 3204. FIRE AND LIFE-SAFETY IMPROVEMENTS.
(a) Life-Safety Needs.--The Secretary of Transportation, in
consultation with the Secretary of Homeland Security, may
award grants to Amtrak for fire and life-safety improvements
to Amtrak tunnels on the Northeast Corridor in New York,
Baltimore, and Washington, D.C.
(b) Funding.--From the funds appropriated pursuant to
section 3217(b), there shall be made available to the
Secretary of Transportation for the purposes of carrying out
subsection (a)--
[[Page S9185]]
(1) $190,000,000 for each of the fiscal years 2007, 2008,
and 2009 for the 6 New York tunnels to provide ventilation,
electrical, and fire safety technology upgrades, emergency
communication and lighting systems, and emergency access and
egress for passengers;
(2) $19,000,000 for each of the fiscal years 2007, 2008,
and 2009 for the Baltimore & Potomac and Union tunnels, to
provide adequate drainage, ventilation, communication,
lighting, and passenger egress upgrades; and
(3) $13,333,000 for each of the fiscal years 2007, 2008,
and 2009 for the Union Station tunnels in Washington, D.C.,
to improve ventilation, communication, lighting, and
passenger egress upgrades.
(c) Infrastructure Upgrades.--From the funds appropriated
for fiscal year 2007, pursuant to section 3217(b), $3,000,000
shall be made available to the Secretary of Transportation
for the preliminary design of options for a new tunnel on a
different alignment to augment the capacity of the existing
Baltimore tunnels.
(d) Availability of Funds.--Amounts made available pursuant
to this section shall remain available until expended.
(e) Plans Required.--The Secretary of Transportation may
not make amounts available to Amtrak for obligation or
expenditure under subsection (a)--
(1) until Amtrak has submitted to the Secretary, and the
Secretary has approved, an engineering and financial plan for
such projects; and
(2) unless, for each project funded pursuant to this
section, the Secretary has approved a project management plan
prepared by Amtrak addressing appropriate project budget,
construction schedule, recipient staff organization, document
control and record keeping, change order procedure, quality
control and assurance, periodic plan updates, and periodic
status reports.
(f) Review of Plans.--
(1) Initial review.--Not later than 45 days after the date
on which a plan required by paragraphs (1) and (2) of
subsection (e) is submitted by Amtrak, the Secretary of
Transportation shall complete a review of the plan and
approve or disapprove the plan. If the Secretary determines
that a plan is incomplete or deficient, the Secretary shall
notify Amtrak of the incomplete items or deficiencies.
(2) Submission of modified plan.--Not later than 30 days
after receiving notification from the Secretary under
paragraph (1), Amtrak shall submit a modified plan for the
Secretary's review.
(3) Review of modified plan.--Not later than 15 days after
receiving additional information on items previously included
in the plan, and not later than 45 days after receiving items
newly included in a modified plan, the Secretary shall--
(A) approve the modified plan; or
(B) if the Secretary finds the plan is still incomplete or
deficient--
(i) submit a report to the Committee on Commerce, Science,
and Transportation of the Senate, the Committee on
Transportation and Infrastructure of the House of
Representatives, and the Committee on Homeland Security of
the House of Representatives that describes the portions of
the plan the Secretary finds incomplete or deficient;
(ii) approve all other portions of the plan; and
(iii) obligate the funds associated with those other
portions.
(4) Agreement.--Not later than 15 days after the partial
approval of a modified plan under paragraph (3), the
Secretary shall execute an agreement with Amtrak that
describes a process for resolving the remaining portions of
the modified plan.
(g) Financial Contribution From Other Tunnel Users.--The
Secretary of Transportation, taking into account the need for
the timely completion of all portions of the tunnel projects
described in subsection (a), shall--
(1) consider the extent to which rail carriers other than
Amtrak use or plan to use the tunnels;
(2) consider the feasibility of seeking a financial
contribution from those other rail carriers toward the costs
of the projects; and
(3) obtain financial contributions or commitments from such
other rail carriers at levels reflecting the extent of their
use or planned use of the tunnels, if feasible.
SEC. 3205. FREIGHT AND PASSENGER RAIL SECURITY UPGRADES.
(a) Security Improvement Grants.--The Secretary of Homeland
Security, through the Assistant Secretary of the
Transportation Security Administration and other appropriate
Federal agencies, may award grants to freight railroads, the
Alaska Railroad, hazardous materials shippers, owners of rail
cars used in the transportation of hazardous materials,
universities, colleges, research centers, and State and local
governments (for rail passenger facilities and infrastructure
not owned by Amtrak), for full or partial reimbursement of
costs incurred in the conduct of activities to prevent or
respond to acts of terrorism, sabotage, or other intercity
passenger rail and freight rail security vulnerabilities and
risks identified under section 3202, including--
(1) security and redundancy for critical communications,
computer, and train control systems essential for secure rail
operations;
(2) accommodation of rail cargo or passenger screening
equipment at the international border between the United
States and Mexico, the international border between the
United States and Canada, or other ports of entry;
(3) the security of hazardous material transportation by
rail;
(4) secure intercity passenger rail stations, trains, and
infrastructure;
(5) structural modification or replacement of rail cars
transporting high hazard materials to improve their
resistance to acts of terrorism;
(6) employee security awareness, preparedness, passenger
evacuation, and emergency response training;
(7) public security awareness campaigns for passenger train
operations;
(8) the sharing of intelligence and information about
security threats;
(9) to obtain train tracking and interoperable
communications systems that are coordinated to the maximum
extent possible;
(10) to hire additional police and security officers,
including canine units; and
(11) other improvements recommended by the report required
by section 3202, including infrastructure, facilities, and
equipment upgrades.
(b) Grants to Amtrak.--The Secretary of Homeland Security,
through the Secretary of Transportation, may award grants to
Amtrak for the purposes described in subsection (a).
(c) Accountability.--The Secretary of Homeland Security
shall adopt necessary procedures, including audits, to ensure
that grants made under this section are expended in
accordance with the purposes of this Act and the priorities
and other criteria developed by the Secretary.
(d) Allocation.--The Secretary of Homeland Security shall
distribute the funds made available under this section based
on risk and vulnerability as determined under section 3202.
The Secretary shall encourage non-Federal financial
participation in awarding grants. With respect to grants for
intercity passenger rail security, the Secretary shall take
into account passenger volume and whether a station is used
by commuter rail passengers and intercity rail passengers.
(e) Conditions.--The Secretary of Transportation may not
disburse funds to Amtrak under subsection (b) unless Amtrak
meets the conditions set forth in section 3203(b).
(f) Allocation Between Railroads and Others.--Unless the
Secretary of Homeland Security determines, based on the
assessment required under section 3202, that critical rail
transportation security needs require reimbursement in
greater amounts to any eligible entity, a grant may not be
awarded under this section--
(1) to Amtrak in an amount in excess of $45,000,000; or
(2) for the purposes described in paragraph (3) or (5) of
subsection (a) in an amount in excess of $80,000,000.
(g) Funding.--
(1) In general.--From the funds appropriated pursuant to
section 114(u) of title 49, United States Code (as added by
section 3217(a)), $100,000,000 shall be made available to the
Secretary of Homeland Security for each of the fiscal years
2007, 2008, and 2009 to carry out this section.
(2) Availability.--Amounts appropriated pursuant to this
subsection shall remain available until expended.
(h) High Hazard Materials Defined.--In this title, the term
``high hazard materials'' means quantities of poison
inhalation hazard materials, Class 2.3 gases, Class 6.1
materials, and anhydrous ammonia that the Secretary of
Homeland Security, in consultation with the Secretary of
Transportation, determines pose a security risk.
SEC. 3206. RAIL SECURITY RESEARCH AND DEVELOPMENT.
(a) Establishment of Research and Development Program.--The
Secretary of Homeland Security, through the Under Secretary
for Science and Technology and the Assistant Secretary of the
Transportation Security Administration, in consultation with
the Secretary of Transportation shall carry out a research
and development program to improve freight and intercity
passenger rail security. The program may include research and
development projects to--
(1) reduce the vulnerability of passenger trains, stations,
and equipment to explosives and hazardous chemical,
biological, and radioactive substances;
(2) test new emergency response techniques and
technologies;
(3) develop improved freight technologies, including--
(A) technologies for sealing rail cars;
(B) automatic inspection of rail cars;
(C) communication-based train controls; and
(D) emergency response training;
(4) test wayside detectors that can detect tampering with
railroad equipment;
(5) support enhanced security for the transportation of
hazardous materials by rail, including--
(A) technologies to detect a breach in a tank car or other
rail car used to transport hazardous materials and transmit
information about the integrity of cars to the train crew or
dispatcher;
(B) research to improve tank car integrity, with a focus on
tank cars that carry high hazard materials; and
(C) techniques to transfer hazardous materials from rail
cars that are damaged or otherwise represent an unreasonable
risk to human life or public safety; and
(6) other projects that address vulnerabilities and risks
identified under section 3202.
[[Page S9186]]
(b) Coordination With Other Research Initiatives.--The
Secretary of Homeland Security shall ensure that the research
and development program established under this section is
coordinated with other research and development initiatives
at the Department of Homeland Security and the Department of
Transportation. The Secretary shall carry out any research
and development project authorized by this section through a
reimbursable agreement with the Secretary of Transportation,
if the Secretary of Transportation--
(1) is sponsoring a research and development project in a
similar area as of the date of the enactment of this Act; or
(2) has a unique facility or capability that would be
useful in carrying out the project.
(c) Grants and Accountability.--In carrying out the
research and development program established under this
section, the Secretary of Homeland Security--
(1) may award grants to the entities described in
subsections (a) and (b) of section 3205; and
(2) shall adopt necessary procedures, including audits, to
ensure that grant funds disbursed under this section are
expended in accordance with the purposes of this title and
the priorities and other criteria developed by the Secretary.
(d) Funding.--
(1) In general.--From the funds appropriated pursuant to
section 114(u) of title 49, United States Code (as added by
section 3217(a)), $35,000,000 shall be made available to the
Secretary of Homeland Security for each of the fiscal years
2007, 2008, and 2009 to carry out this section.
(2) Availability.--Amounts appropriated pursuant to this
subsection shall remain available until expended.
SEC. 3207. OVERSIGHT AND GRANT PROCEDURES.
(a) Secretarial Oversight.--The Secretary of Homeland
Security may expend not more than 0.5 percent of the amounts
made available for capital projects under this title--
(1) to enter into contracts for the review of proposed
capital projects and related program management plans;
(2) to oversee construction of such projects; and
(3) to make contracts to audit and review the safety,
procurement, management, and financial compliance of a
recipient of amounts under this title.
(b) Procedures for Grant Award.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary shall prescribe
procedures and schedules for the awarding of grants under
this title, including--
(A) application and qualification procedures (including a
requirement that the applicant have a security plan);
(B) a record of decision on applicant eligibility; and
(C) the execution of a grant agreement between the grant
recipient and the Secretary.
(2) Consistency.--The procedures prescribed under this
subsection shall be consistent, to the extent practicable,
with the grant procedures established under section 70107 of
title 46, United States Code.
SEC. 3208. AMTRAK PLAN TO ASSIST FAMILIES OF PASSENGERS
INVOLVED IN RAIL PASSENGER ACCIDENTS.
(a) In General.--Chapter 243 of title 49, United States
Code, is amended by inserting after section 24313 the
following:
``Sec. 24314. Plans to address needs of families of
passengers involved in rail passenger accidents
``(a) Submission of Plan.--Not later than 6 months after
the date of the enactment of the Rail Security Act of 2006,
Amtrak shall submit a plan to the Chairman of the National
Transportation Safety Board, the Secretary of Transportation,
and the Secretary of Homeland Security that addresses the
needs of the families of passengers involved in any rail
passenger accident involving an Amtrak intercity train and
resulting in a loss of life.
``(b) Contents of Plans.--The plan submitted by Amtrak
under subsection (a) shall include the following:
``(1) A process by which Amtrak will maintain and provide
to the National Transportation Safety Board and the Secretary
of Transportation, immediately upon request, a list (which is
based on the best available information at the time of the
request) of the names of the passengers aboard the train
(whether or not such names have been verified), and will
periodically update the list. The plan shall include a
procedure, with respect to unreserved trains and passengers
not holding reservations on other trains, for Amtrak to use
reasonable efforts to ascertain the number and names of
passengers aboard a train involved in an accident.
``(2) A plan for creating and publicizing a reliable, toll-
free telephone number not later than 4 hours after such an
accident occurs, and for providing staff, to handle calls
from the families of the passengers.
``(3) A process for notifying the families of the
passengers, before providing any public notice of the names
of the passengers, by suitably trained individuals.
``(4) A process for providing the notice described in
paragraph (2) to the family of a passenger as soon as Amtrak
has verified that the passenger was aboard the train (whether
or not the names of all of the passengers have been
verified).
``(5) A process by which--
``(A) the family of each passenger will be consulted about
the disposition of all remains and personal effects of the
passenger within Amtrak's control;
``(B) any possession of the passenger within Amtrak's
control will be returned to the family unless the possession
is needed for the accident investigation or any criminal
investigation; and
``(C) any unclaimed possession of a passenger within
Amtrak's control will be retained by the rail passenger
carrier for not less than 18 months.
``(6) A process by which the treatment of the families of
nonrevenue passengers will be the same as the treatment of
the families of revenue passengers.
``(7) An assurance that Amtrak will provide adequate
training to its employees and agents to meet the needs of
survivors and family members following an accident.
``(c) Use of Information.--The National Transportation
Safety Board, the Secretary of Transportation, and Amtrak may
not release any personal information on a list obtained under
subsection (b)(1) but may provide information on the list
about a passenger to the family of the passenger to the
extent that the Board or Amtrak considers appropriate.
``(d) Limitation on Liability.--Amtrak shall not be liable
for damages in any action brought in a Federal or State court
arising out of the performance of Amtrak in preparing or
providing a passenger list, or in providing information
concerning a train reservation, pursuant to a plan submitted
by Amtrak under subsection (b), unless such liability was
caused by Amtrak's conduct.
``(e) Limitation on Statutory Construction.--Nothing in
this section may be construed as limiting the actions that
Amtrak may take, or the obligations that Amtrak may have, in
providing assistance to the families of passengers involved
in a rail passenger accident.
``(f) Funding.--From the funds appropriated for fiscal year
2007 pursuant to section 3217(b) of the Rail Security Act of
2006, $500,000 shall be made available to the Secretary of
Transportation for the use of Amtrak to carry out this
section. Amounts made available under this subsection shall
remain available until expended.''.
(b) Conforming Amendment.--The chapter analysis for chapter
243 of title 49, United States Code, is amended by inserting
after the item relating to section 24313 the following:
``24314. Plan to assist families of passengers involved in rail
passenger accidents.''.
SEC. 3209. NORTHERN BORDER RAIL PASSENGER REPORT.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Homeland Security, in consultation
with the Assistant Secretary of the Transportation Security
Administration, the Secretary of Transportation, heads of
other appropriate Federal agencies, and the National Railroad
Passenger Corporation, shall submit a report to the Committee
on Commerce, Science, and Transportation of the Senate, the
Committee on Transportation and Infrastructure of the House
of Representatives, and the Committee on Homeland Security of
the House of Representatives that contains--
(1) a description of the current system for screening
passengers and baggage on passenger rail service between the
United States and Canada;
(2) an assessment of the current program to provide
preclearance of airline passengers between the United States
and Canada as outlined in ``The Agreement on Air Transport
Preclearance between the Government of Canada and the
Government of the United States of America'', dated January
18, 2001;
(3) an assessment of the current program to provide
preclearance of freight railroad traffic between the United
States and Canada as outlined in the ``Declaration of
Principle for the Improved Security of Rail Shipments by
Canadian National Railway and Canadian Pacific Railway from
Canada to the United States'', dated April 2, 2003;
(4) information on progress by the Department of Homeland
Security and other Federal agencies towards finalizing a
bilateral protocol with Canada that would provide for
preclearance of passengers on trains operating between the
United States and Canada;
(5) a description of legislative, regulatory, budgetary, or
policy barriers within the United States Government to
providing pre-screened passenger lists for rail passengers
traveling between the United States and Canada to the
Department of Homeland Security;
(6) a description of the position of the Government of
Canada and relevant Canadian agencies with respect to
preclearance of such passengers;
(7) a draft of any changes in existing Federal law
necessary to provide for pre-screening of such passengers and
providing pre-screened passenger lists to the Department of
Homeland Security; and
(8) an analysis of the feasibility of reinstating in-
transit inspections onboard international Amtrak trains.
SEC. 3210. RAIL WORKER SECURITY TRAINING PROGRAM.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Homeland Security
and the Secretary of Transportation, in consultation with
appropriate law enforcement, security, and terrorism experts,
representatives of railroad carriers, and nonprofit employee
organizations that represent rail workers, shall develop and
issue detailed guidance for
[[Page S9187]]
a rail worker security training program to prepare front-line
workers for potential threat conditions. The guidance shall
take into consideration any current security training
requirements or best practices.
(b) Program Elements.--The guidance developed under
subsection (a) shall include elements, as appropriate to
passenger and freight rail service, that address--
(1) the determination of the seriousness of any occurrence;
(2) crew communication and coordination;
(3) appropriate responses to defend or protect oneself;
(4) use of protective devices;
(5) evacuation procedures;
(6) psychology of terrorists to cope with hijacker behavior
and passenger responses;
(7) situational training exercises regarding various threat
conditions; and
(8) any other subject the Secretary considers to be
appropriate.
(c) Railroad Carrier Security Training Programs.--
(1) In general.--Not later than 90 days after the Secretary
of Homeland Security issues guidance under subsection (a) in
final form, each railroad carrier shall develop a rail worker
security training program in accordance with that guidance
and submit it to the Secretary for review.
(2) Program review.--Not later than 30 days after receiving
a railroad carrier's program under this subsection, the
Secretary shall review the program and transmit comments to
the railroad carrier concerning any revisions the Secretary
considers necessary for the program to meet the guidance
requirements.
(3) Railroad carrier response.--A railroad carrier shall
respond to the Secretary's comments not later than 30 days
after receiving such comments.
(d) Training.--
(1) Implementation.--Not later than 1 year after the
Secretary reviews the training program developed by a
railroad carrier under this section, the railroad carrier
shall complete the training of all front-line workers in
accordance with that program.
(2) Report.--The Secretary shall review implementation of
the training program of a representative sample of railroad
carriers and submit a report to the Committee on Commerce,
Science, and Transportation of the Senate, the Committee on
Transportation and Infrastructure of the House of
Representatives, and the Committee on Homeland Security of
the House of Representatives that contains the number of
reviews conducted and the results. The Secretary may submit
the report in both classified and redacted formats as
necessary.
(e) Updates.--The Secretary shall update the training
guidance issued under subsection (a) as appropriate to
reflect new or different security threats. Railroad carriers
shall revise their programs accordingly and provide
additional training to their front-line workers within a
reasonable time after the guidance is updated.
(f) Front-Line Workers Defined.--In this section, the term
``front-line workers'' means security personnel, dispatchers,
train operators, other onboard employees, maintenance and
maintenance support personnel, bridge tenders, as well as
other appropriate employees of railroad carriers, as defined
by the Secretary.
(g) Other Employees.--The Secretary of Homeland Security
shall issue guidance and best practices for a rail shipper
employee security program containing the elements listed
under subsection (b), as appropriate.
SEC. 3211. WHISTLEBLOWER PROTECTION PROGRAM.
(a) In General.--Subchapter A of chapter 201 of title 49,
United States Code, is amended by inserting after section
20115 the following:
``Sec. 20116. Whistleblower protection for rail security
matters
``(a) Discrimination Against Employee.--A rail carrier
engaged in interstate or foreign commerce may not discharge a
railroad employee or otherwise discriminate against a
railroad employee because the employee (or any person acting
pursuant to a request of the employee)--
``(1) provided, caused to be provided, or is about to
provide or cause to be provided, to the employer or the
Federal Government information relating to a reasonably
perceived threat, in good faith, to security;
``(2) provided, caused to be provided, or is about to
provide or cause to be provided, testimony before Congress or
at any Federal or State proceeding regarding a reasonably
perceived threat, in good faith, to security; or
``(3) refused to violate or assist in the violation of any
law, rule or regulation related to rail security.
``(b) Dispute Resolution.--
``(1) In general.--A dispute, grievance, or claim arising
under this section is subject to resolution under section 3
of the Railway Labor Act (45 U.S.C. 153). In a proceeding by
the National Railroad Adjustment Board, a division or
delegate of the Board, or another board of adjustment
established under section 3 of such Act to resolve the
dispute, grievance, or claim the proceeding shall be
expedited and the dispute, grievance, or claim shall be
resolved not later than 180 days after it is filed.
``(2) Damages.--If the violation is a form of
discrimination that does not involve discharge, suspension,
or another action affecting pay, and no other remedy is
available under this subsection, the Board, division,
delegate, or other board of adjustment may award the employee
reasonable damages, including punitive damages, of not more
than $20,000.
``(c) Procedural Requirements.--Except as provided in
subsection (b), the procedure set forth in section
42121(b)(2)(B), including the burdens of proof, applies to
any complaint brought under this section.
``(d) Election of Remedies.--An employee of a railroad
carrier may not seek protection under both this section and
another provision of law for the same allegedly unlawful act
of the carrier.
``(e) Disclosure of Identity.--(1) Except as provided in
paragraph (2) of this subsection, or with the written consent
of the employee, the Secretary of Transportation may not
disclose the name of an employee of a railroad carrier who
has provided information about an alleged violation of this
section.
``(2) The Secretary shall disclose to the Attorney General
the name of an employee described in paragraph (1) if the
matter is referred to the Attorney General for
enforcement.''.
(b) Conforming Amendment.--The chapter analysis for chapter
201 of title 49, United States Code, is amended by inserting
after the item relating to section 20115 the following:
``20116. Whistleblower protection for rail security matters.''.
SEC. 3212. HIGH HAZARD MATERIAL SECURITY THREAT MITIGATION
PLANS.
(a) In General.--The Secretary of Homeland Security, in
consultation with the Assistant Secretary of the
Transportation Security Administration and the Secretary of
Transportation, shall require rail carriers transporting a
high hazard material and of a quantity equal or exceeding the
quantities of such material listed in section 172.800, title
49, Code of Federal Regulations, to develop a high hazard
material security threat mitigation plan containing
appropriate measures, including alternative routing and
temporary shipment suspension options, to address assessed
risks to high consequence targets. The plan, and any
information submitted to the Secretary under this section
shall be protected as sensitive security information under
the regulations prescribed under section 114(s) of title 49,
United States Code.
(b) Implementation.--A high hazard material security threat
mitigation plan shall be put into effect by a rail carrier
for the shipment of high hazardous materials by rail on the
rail carrier's right-of-way when the threat levels of the
Homeland Security Advisory System are high or severe and
specific intelligence of probable or imminent threat exists
towards--
(1) a high-consequence target that is within the
catastrophic impact zone of a railroad right-of-way used to
transport high hazardous material; or
(2) rail infrastructure or operations within the immediate
vicinity of a high-consequence target.
(c) Completion and Review of Plans.--
(1) Plans required.--Each rail carrier described in
subsection (a) shall--
(A) submit a list of routes used to transport high hazard
materials to the Secretary of Homeland Security not later
than 60 days after the date of the enactment of this Act;
(B) develop and submit a high hazard material security
threat mitigation plan to the Secretary not later than 180
days after the rail carrier receives the notice of high
consequence targets on such routes by the Secretary; and
(C) submit any subsequent revisions to the plan to the
Secretary not later than 30 days after making the revisions.
(2) Review and updates.--The Secretary of Homeland
Security, in cooperation with the Secretary of
Transportation, shall review each plan developed under this
section and submit comments to the railroad carrier
concerning any revisions that the Secretary considers to be
necessary. A railroad carrier shall respond to the
Secretary's comments not later than 30 days after receiving
such comments. Each rail carrier shall update and resubmit
its plan for review not less than once every 2 years.
(d) Definitions.--In this section:
(1) High-consequence target.--The term ``high-consequence
target'' means a building, buildings, infrastructure, public
space, or natural resource designated by the Secretary of
Homeland Security that is viable terrorist target of national
significance, the attack of which could result in--
(A) catastrophic loss of life; and
(B) significantly damaged national security and defense
capabilities; or
(C) national economic harm.
(2) Catastrophic impact zone.--The term ``catastrophic
impact zone'' means the area immediately adjacent to, under,
or above an active railroad right-of-way used to ship high
hazard materials in which the potential release or explosion
of the high hazard material being transported would likely
cause--
(A) loss of life; or
(B) significant damage to property or structures.
(3) Rail carrier.--The term ``rail carrier'' has the
meaning given that term by section 10102(5) of title 49,
United States Code.
SEC. 3213. MEMORANDUM OF AGREEMENT.
(a) Memorandum of Agreement.--Not later than 1 year after
the date of the enactment of this Act, the Secretary of
Transportation and the Secretary of Homeland Security shall
execute and develop an annex to the memorandum of agreement
between the Department of Transportation and the Department
of Homeland Security signed on
[[Page S9188]]
September 28, 2004, governing the specific roles,
delineations of responsibilities, resources and commitments
of the each department in addressing railroad transportation
security matters, including the processes each department
will follow to promote communications, efficiency, and
nonduplication of effort.
(b) Rail Safety Regulations.--Section 20103(a) of title 49,
United States Code, is amended by striking ``safety'' the
first place it appears, and inserting ``safety, including
security,''.
SEC. 3214. RAIL SECURITY ENHANCEMENTS.
(a) Rail Police Officers.--Section 28101 of title 49,
United States Code, is amended--
(1) by inserting ``(a) In General'' before ``Under''; and
(2) by striking ``the rail carrier'' each place it appears
and inserting ``any rail carrier''.
(b) Review of Rail Regulations.--Not later than 1 year
after the date of the enactment of this Act, the Secretary of
Transportation, in consultation with the Secretary of
Homeland Security and the Assistant Secretary of the
Transportation Security Administration, shall review the rail
regulations of the Department of Transportation in existence
as of the date of the enactment of this Act to identify areas
in which such regulations need to be revised to improve rail
security.
SEC. 3215. PUBLIC AWARENESS.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Homeland
Security, in consultation with the Secretary of
Transportation, shall develop a national plan for public
outreach and awareness.
(b) Contents.--The plan developed under this section
shall--
(1) be designed to increase awareness of measures that the
general public, railroad passengers, and railroad employees
can take to increase railroad system security; and
(2) provide outreach to railroad carriers and their
employees to improve their awareness of available
technologies, ongoing research and development efforts, and
available Federal funding sources to improve railroad
security.
(c) Implementation.--Not later than 9 months after the date
of the enactment of this Act, the Secretary of Homeland
Security shall implement the plan developed under this
section.
SEC. 3216. RAILROAD HIGH HAZARD MATERIAL TRACKING.
(a) Wireless Communications.--
(1) In general.--In conjunction with the research and
development program established under section 3206 and
consistent with the results of research relating to wireless
tracking technologies, the Secretary of Homeland Security, in
consultation with the Assistant Secretary of the
Transportation Security Administration, shall develop a
program that will encourage the equipping of rail cars
transporting high hazard materials in quantities equal to or
greater than the quantities listed in section 172.800 of
title 49, Code of Federal Regulations, with wireless
terrestrial or satellite communications technology that
provides--
(A) car position location and tracking capabilities;
(B) notification of rail car depressurization, breach, or
unsafe temperature; and
(C) notification of hazardous material release.
(2) Coordination.--In developing the program required by
paragraph (1), the Secretary shall--
(A) consult with the Secretary of Transportation to
coordinate the program with any ongoing or planned efforts
for rail car tracking at the Department of Transportation;
and
(B) ensure that the program is consistent with
recommendations and findings of the Department of Homeland
Security's hazardous material tank rail car tracking pilot
programs.
(b) Funding.--From the funds appropriated pursuant to
section 114(u) of title 49, United States Code (as added by
section 3217(a)), $3,000,000 shall be made available to the
Secretary of Homeland Security for each of the fiscal years
2007, 2008, and 2009 to carry out this section.
SEC. 3217. AUTHORIZATION OF APPROPRIATIONS.
(a) Transportation Security Administration Authorization.--
Section 114 of title 49, United States Code, is amended by
adding at the end the following:
``(u) Authorization of Appropriations.--There are
authorized to be appropriated to the Secretary of Homeland
Security for rail security--
``(1) $206,500,000 for fiscal year 2007;
``(2) $168,000,000 for fiscal year 2008; and
``(3) $168,000,000 for fiscal year 2009.''.
(b) Department of Transportation.--There are authorized to
be appropriated to the Secretary of Transportation to carry
out this title and sections 20116 and 24314 of title 49,
United States Code, as added by this title--
(1) $225,000,000 for fiscal year 2007;
(2) $223,000,000 for fiscal year 2008; and
(3) $223,000,000 for fiscal year 2009.
TITLE XXXIII--MASS TRANSIT SECURITY
SEC. 3301. SHORT TITLE.
This title may be cited as the ``Public Transportation
Terrorism Prevention Act of 2006''.
SEC. 3302. FINDINGS.
Congress finds that--
(1) public transportation systems throughout the world have
been a primary target of terrorist attacks, causing countless
death and injuries;
(2) 5,800 public transportation agencies operate in the
United States;
(3) 14,000,000 people in the United States ride public
transportation each work day;
(4) safe and secure public transportation systems are
essential for the Nation's economy and for significant
national and international public events;
(5) the Federal Transit Administration has invested
$74,900,000,000 since 1992 for construction and improvements
to the Nation's public transportation systems;
(6) the Federal Government appropriately invested
$18,100,000,000 in fiscal years 2002 through 2005 to protect
our Nation's aviation system and its 1,800,000 daily
passengers;
(7) the Federal Government has allocated $250,000,000 in
fiscal years 2003 through 2005 to protect public
transportation systems in the United States;
(8) the Federal Government has invested $7.38 in aviation
security improvements per passenger, but only $0.007 in
public transportation security improvements per passenger;
(9) the Government Accountability Office, the Mineta
Institute for Surface Transportation Policy Studies, the
American Public Transportation Association, and many
transportation experts have reported an urgent need for
significant investment in public transportation security
improvements; and
(10) the Federal Government has a duty to deter and
mitigate, to the greatest extent practicable, threats against
the Nation's public transportation systems.
SEC. 3303. SECURITY ASSESSMENTS.
(a) Public Transportation Security Assessments.--
(1) Submission.--Not later than 30 days after the date of
the enactment of this Act, the Federal Transit Administration
of the Department of Transportation shall submit all public
transportation security assessments and all other relevant
information to the Secretary of Homeland Security.
(2) Review.--Not later than July 31, 2007, the Secretary of
Homeland Security shall review and augment the security
assessments received under paragraph (1).
(3) Allocations.--The Secretary of Homeland Security shall
use the security assessments received under paragraph (1) as
the basis for allocating grant funds under section 3304,
unless the Secretary notifies the Committee on Banking,
Housing, and Urban Affairs of the Senate that the Secretary
has determined that an adjustment is necessary to respond to
an urgent threat or other significant factors.
(4) Security improvement priorities.--Not later than
September 30, 2007, the Secretary of Homeland Security, after
consultation with the management and employee representatives
of each public transportation system for which a security
assessment has been received under paragraph (1), shall
establish security improvement priorities that will be used
by public transportation agencies for any funding provided
under section 3304.
(5) Updates.--Not later than July 31, 2008, and annually
thereafter, the Secretary of Homeland Security shall--
(A) update the security assessments referred to in this
subsection; and
(B) conduct security assessments of all public
transportation agencies considered to be at greatest risk of
a terrorist attack.
(b) Use of Security Assessment Information.--The Secretary
of Homeland Security shall use the information collected
under subsection (a)--
(1) to establish the process for developing security
guidelines for public transportation security; and
(2) to design a security improvement strategy that--
(A) minimizes terrorist threats to public transportation
systems; and
(B) maximizes the efforts of public transportation systems
to mitigate damage from terrorist attacks.
(c) Bus and Rural Public Transportation Systems.--Not later
than July 31, 2007, the Secretary of Homeland Security shall
conduct security assessments, appropriate to the size and
nature of each system, to determine the specific needs of--
(1) local bus-only public transportation systems; and
(2) selected public transportation systems that receive
funds under section 5311 of title 49, United States Code.
SEC. 3304. SECURITY ASSISTANCE GRANTS.
(a) Capital Security Assistance Program.--
(1) In general.--The Secretary of Homeland Security shall
award grants directly to public transportation agencies for
allowable capital security improvements based on the
priorities established under section 3303(a)(4).
(2) Allowable use of funds.--Grants awarded under paragraph
(1) may be used for--
(A) tunnel protection systems;
(B) perimeter protection systems;
(C) redundant critical operations control systems;
(D) chemical, biological, radiological, or explosive
detection systems;
(E) surveillance equipment;
(F) communications equipment;
(G) emergency response equipment;
(H) fire suppression and decontamination equipment;
(I) global positioning or automated vehicle locator type
system equipment;
(J) evacuation improvements; and
[[Page S9189]]
(K) other capital security improvements.
(b) Operational Security Assistance Program.--
(1) In general.--The Secretary of Homeland Security shall
award grants directly to public transportation agencies for
allowable operational security improvements based on the
priorities established under section 3303(a)(4).
(2) Allowable use of funds.--Grants awarded under paragraph
(1) may be used for--
(A) security training for public transportation employees,
including bus and rail operators, mechanics, customer
service, maintenance employees, transit police, and security
personnel;
(B) live or simulated drills;
(C) public awareness campaigns for enhanced public
transportation security;
(D) canine patrols for chemical, biological, or explosives
detection;
(E) overtime reimbursement for enhanced security personnel
during significant national and international public events,
consistent with the priorities established under section
3303(a)(4); and
(F) other appropriate security improvements identified
under section 3303(a)(4), excluding routine, ongoing
personnel costs.
(c) Congressional Notification.--Not later than 3 days
before the award of any grant under this section, the
Secretary of Homeland Security shall notify the Committee on
Banking, Housing, and Urban Affairs of the Senate of the
intent to award such grant.
(d) Public Transportation Agency Responsibilities.--Each
public transportation agency that receives a grant under this
section shall--
(1) identify a security coordinator to coordinate security
improvements;
(2) develop a comprehensive plan that demonstrates the
agency's capacity for operating and maintaining the equipment
purchased under this section; and
(3) report annually to the Department of Homeland Security
on the use of grant funds received under this section.
(e) Return of Misspent Grant Funds.--If the Secretary of
Homeland Security determines that a grantee used any portion
of the grant funds received under this section for a purpose
other than the allowable uses specified for that grant under
this section, the grantee shall return any amount so used to
the Treasury of the United States.
SEC. 3305. INTELLIGENCE SHARING.
(a) Intelligence Sharing.--The Secretary of Homeland
Security shall ensure that the Department of Transportation
receives appropriate and timely notification of all credible
terrorist threats against public transportation assets in the
United States.
(b) Information Sharing Analysis Center.--
(1) Establishment.--The Secretary of Homeland Security
shall provide sufficient financial assistance for the
reasonable costs of the Information Sharing and Analysis
Center for Public Transportation (referred to in this
subsection as the ``ISAC'') established pursuant to
Presidential Directive 63, to protect critical
infrastructure.
(2) Public transportation agency participation.--The
Secretary of Homeland Security--
(A) shall require those public transportation agencies that
the Secretary determines to be at significant risk of
terrorist attack to participate in the ISAC;
(B) shall encourage all other public transportation
agencies to participate in the ISAC; and
(C) shall not charge a fee to any public transportation
agency for participating in the ISAC.
SEC. 3306. RESEARCH, DEVELOPMENT, AND DEMONSTRATION GRANTS.
(a) Grants Authorized.--The Secretary of Homeland Security,
in consultation with the Federal Transit Administration,
shall award grants to public or private entities to conduct
research into, and demonstrate, technologies and methods to
reduce and deter terrorist threats or mitigate damages
resulting from terrorist attacks against public
transportation systems.
(b) Use of Funds.--Grants awarded under subsection (a) may
be used to--
(1) research chemical, biological, radiological, or
explosive detection systems that do not significantly impede
passenger access;
(2) research imaging technologies;
(3) conduct product evaluations and testing; and
(4) research other technologies or methods for reducing or
deterring terrorist attacks against public transportation
systems, or mitigating damage from such attacks.
(c) Reporting Requirement.--Each entity that receives a
grant under this section shall report annually to the
Department of Homeland Security on the use of grant funds
received under this section.
(d) Return of Misspent Grant Funds.--If the Secretary of
Homeland Security determines that a grantee used any portion
of the grant funds received under this section for a purpose
other than the allowable uses specified under subsection (b),
the grantee shall return any amount so used to the Treasury
of the United States.
SEC. 3307. REPORTING REQUIREMENTS.
(a) Semi-Annual Report to Congress.--
(1) In general.--Not later than March 31 and September 30
each year, the Secretary of Homeland Security shall submit a
report, containing the information described in paragraph
(2), to--
(A) the Committee on Banking, Housing, and Urban Affairs of
the Senate;
(B) the Committee on Homeland Security and Governmental
Affairs of the Senate; and
(C) the Committee on Appropriations of the Senate.
(2) Contents.--The report submitted under paragraph (1)
shall include--
(A) a description of the implementation of the provisions
of sections 3303 through 3306;
(B) the amount of funds appropriated to carry out the
provisions of each of sections 3303 through 3306 that have
not been expended or obligated; and
(C) the state of public transportation security in the
United States.
(b) Annual Report to Governors.--
(1) In general.--Not later than March 31 each year, the
Secretary of Homeland Security shall submit a report to the
Governor of each State with a public transportation agency
that has received a grant under this title.
(2) Contents.--The report submitted under paragraph (1)
shall specify--
(A) the amount of grant funds distributed to each such
public transportation agency; and
(B) the use of such grant funds.
SEC. 3308. AUTHORIZATION OF APPROPRIATIONS.
(a) Capital Security Assistance Program.--There are
authorized to be appropriated $2,370,000,000 for fiscal year
2007 to carry out the provisions of section 3304(a), which
shall remain available until expended.
(b) Operational Security Assistance Program.--There are
authorized to be appropriated to carry out the provisions of
section 3304(b)--
(1) $534,000,000 for fiscal year 2007;
(2) $333,000,000 for fiscal year 2008; and
(3) $133,000,000 for fiscal year 2009.
(c) Intelligence.--There are authorized to be appropriated
such sums as may be necessary to carry out the provisions of
section 3305.
(d) Research.--There are authorized to be appropriated
$130,000,000 for fiscal year 2007 to carry out the provisions
of section 3306, which shall remain available until expended.
SEC. 3309. SUNSET PROVISION.
The authority to make grants under this title shall expire
on October 1, 2010.
TITLE XXXIV--AVIATION SECURITY
SEC. 3401. INAPPLICABILITY OF LIMITATION ON EMPLOYMENT OF
PERSONNEL WITHIN TRANSPORTATION SECURITY
ADMINISTRATION TO ACHIEVE AVIATION SECURITY.
(a) In General.--Notwithstanding any other provision of
law, if the conditions set forth in subsection (b) are met,
the Secretary of Homeland Security is not required to--
(1) comply with any statutory limitation on the number of
employees in the Transportation Security Administration
(referred to in this section as the ``TSA''), whether before
or after the transfer of the TSA from the Department of
Transportation to the Department of Homeland Security; or
(2) comply with any administrative rule or regulation
imposing a limitation on the recruitment or employment of
personnel in the TSA to a maximum number of permanent
positions.
(b) Conditions.--The conditions set forth in this
subsection are met if the enforcement or compliance with a
limitation, rule, or regulation described in subsection (a)
would prevent the Secretary of Homeland Security from
recruiting and employing in the TSA such personnel as may be
necessary--
(1) to provide the highest levels of aviation security; and
(2) to accomplish the objective specified in paragraph (1)
in such a manner that the average aviation security-related
delay experienced by airline passengers is reduced to less
than 10 minutes.
SEC. 3402. AVIATION RESEARCH AND DEVELOPMENT FOR EXPLOSIVE
DETECTION.
(a) Advanced Explosives Detection Systems.--The Secretary
of Homeland Security, through the Under Secretary for Science
and Technology and the Assistant Secretary of the
Transportation Security Administration, and in consultation
with the Secretary of Transportation, shall, in carrying out
research and development on the detection of explosive
materials at airport security checkpoints, focus on the
detection of explosive materials, including liquid
explosives, in a manner that--
(1) improves the ability of airport security technologies
to determine which items could--
(A) threaten safety;
(B) be used as an explosive; or
(C) assembled into an explosive device; and
(2) results in the development of an advanced screening
technology that incorporates existing technologies into a
single screening system.
(b) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
the Secretary of Homeland Security to carry out this
section--
(A) $200,000,000 for fiscal year 2008; and
(B) $250,000,000 for fiscal year 2009.
(2) Availability.--Amounts appropriated pursuant to
paragraph (1) shall remain available until expended.
SEC. 3403. AVIATION REPAIR STATION SECURITY.
(a) Certification of Foreign Repair Stations Suspension.--
Beginning on the date that is 90 days after the date of the
enactment of this Act, the Administrator of the Federal
Aviation Administration may not certify any foreign repair
station under part 145 of title 14, Code of Federal
Regulations,
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unless the Under Secretary for Border and Transportation
Security has issued final regulations, pursuant to section
44924(f) of title 49, United States Code, to ensure the
security of foreign and domestic aircraft repair stations.
(b) 6-Month Deadline for Security Review and Audit.--
Section 44924 of title 49, United States Code, is amended by
striking ``18 months'' each place it appears and inserting
``6 months''.
DIVISION E--A NEW DIRECTION IN IRAQ
TITLE XLI--UNITED STATES POLICY ON IRAQ
SEC. 4001. UNITED STATES POLICY ON IRAQ.
(a) Short Title.--This section may be cited as the ``United
States Policy on Iraq Act of 2006''.
(b) Findings.--Congress makes the following findings:
(1) Global terrorist networks, including those that
attacked the United States on September 11, 2001, continue to
threaten the national security of the United States and are
recruiting, planning, and developing capabilities to attack
the United States and its allies throughout the world.
(2) Winning the fight against terrorist networks requires
an integrated, comprehensive effort that uses all facets of
power of the United States and the members of the
international community who value democracy, freedom, and the
rule of law.
(3) The United States Armed Forces, particularly the Army
and Marine Corps, are stretched thin, and many soldiers and
Marines have experienced three or more deployments to combat
zones.
(4) Sectarian violence has surpassed the insurgency and
terrorism as the main security threat in Iraq, increasing the
prospects of a broader civil war which could draw in Iraq's
neighbors.
(5) United States and coalition forces have trained and
equipped more than 129,000 Iraqi soldiers, sailors, and
airmen, and more than 165,000 Iraqi police, highway patrol,
and other Ministry of Interior forces.
(6) Of the 106 operational Iraqi Army combat battalions, 85
are either in the lead or operating independently, according
to the August 2006 report of the Administration to Congress
entitled ``Measuring Stability and Security in Iraq'';
(7) Congress expressed its sense in the National Defense
Authorization Act for Fiscal Year 2006 (119 Stat. 3466) that
``calendar year 2006 should be a period of significant
transition to full Iraqi sovereignty, with Iraqi security
forces taking the lead for the security of a free and
sovereign Iraq, thereby creating the conditions for the
phased redeployment of United States forces from Iraq''.
(8) Iraq's security forces are heavily infiltrated by
sectarian militia, which has greatly increased sectarian
tensions and impeded the development of effective security
services loyal to the Iraq Government.
(9) With the approval by the Iraqi Council of
Representatives of the ministers of defense, national
security, and the interior on June 7, 2006, the entire
cabinet of Prime Minister Maliki is now in place.
(10) Pursuant to the Iraq Constitution, the Council of
Representatives is to appoint a Panel which will have 4
months to recommend changes to the Iraq Constitution.
(11) Despite pledges of more than $8,000,000,000 in
assistance for Iraq by foreign governments other than the
United States at the Madrid International Donors' Conference
in October 2003, only $3,500,000,000 of such assistance has
been forthcoming.
(12) The current open-ended commitment of United States
forces in Iraq is unsustainable and a deterrent to the Iraqis
making the political compromises and personnel and resource
commitments that are needed for the stability and security of
Iraq.
(c) Sense of Congress.--It is the sense of Congress that in
order to change course from an open-ended commitment and to
promote the assumption of security responsibilities by the
Iraqis, thus advancing the chances for success in Iraq--
(1) the following actions need to be taken to help achieve
the broad-based and sustainable political settlement so
essential for defeating the insurgency and preventing all-out
civil war--
(A) there must be a fair sharing of political power and
economic resources among all the Iraqi groups so as to invest
them in the formation of an Iraqi nation by either amendments
to the Iraq Constitution or by legislation or other means,
within the timeframe provided for in the Iraq Constitution;
(B) the President should convene an international
conference so as to more actively involve the international
community and Iraq's neighbors, promote a durable political
settlement among Iraqis, reduce regional interference in
Iraq's internal affairs, encourage more countries to
contribute to Iraq's extensive needs, and ensure that pledged
funds are forthcoming;
(C) the Iraq Government should promptly and decisively
disarm the militias and remove those members of the Iraqi
security forces whose loyalty to the Iraq Government is in
doubt; and
(D) the President should--
(i) expedite the transition of United States forces in Iraq
to a limited presence and mission of training Iraqi security
forces, providing logistic support of Iraqi security forces,
protecting United States infrastructure and personnel, and
participating in targeted counterterrorism activities;
(ii) after consultation with the Government of Iraq, begin
the phased redeployment of United States forces from Iraq
this year; and
(iii) submit to Congress a plan by the end of 2006 with
estimated dates for the continued phased redeployment of
United States forces from Iraq, with the understanding that
unexpected contingencies may arise;
(2) during and after the phased redeployment of United
States forces from Iraq, the United States will need to
sustain a nonmilitary effort to actively support
reconstruction, governance, and a durable political solution
in Iraq; and
(3) the President should carefully assess the impact that
ongoing United States military operations in Iraq are having
on the capability of the United States Government to conduct
an effective counterterrorism campaign to defeat the broader
global terrorist networks that threaten the United States.
SEC. 4002. SENSE OF SENATE ON NEED FOR A NEW DIRECTION IN
IRAQ POLICY AND IN THE CIVILIAN LEADERSHIP OF
THE DEPARTMENT OF DEFENSE.
(a) Findings.--The Senate makes the following findings:
(1) The Armed Forces of the United States have served
honorably and courageously in Iraq, with more than 2,600
brave Americans having made the ultimate sacrifice and more
than 20,000 wounded.
(2) The current ``stay the course'' policy in Iraq has made
America less secure, reduced the readiness of our troops, and
burdened America's taxpayers with more than $300,000,000,000
in additional debt.
(3) With weekly attacks against American and Iraqi troops
at their highest levels since the start of the war, and
sectarian violence intensifying, it is clear that staying the
course in Iraq is not a strategy for success.
(b) Sense of Senate.--It is the sense of the Senate that--
(1) our troops deserve, and the American people expect, the
George W. Bush Administration to provide competent civilian
leadership and a true strategy for success in Iraq; and
(2) President George W. Bush needs to change course in Iraq
to provide a strategy for success, and one indication of such
a change of course would be to replace the current Secretary
of Defense.
TITLE XLII--SPECIAL COMMITTEE OF SENATE ON WAR AND RECONSTRUCTION
CONTRACTING
SEC. 4101. FINDINGS.
Congress makes the following findings:
(1) The wars in Iraq and Afghanistan have exerted very
large demands on the Treasury of the United States and
required tremendous sacrifice by the members of the Armed
Forces of the United States.
(2) Congress has a constitutional responsibility to ensure
comprehensive oversight of the expenditure of United States
Government funds.
(3) Waste and corporate abuse of United States Government
resources are particularly unacceptable and reprehensible
during times of war.
(4) The magnitude of the funds involved in the
reconstruction of Afghanistan and Iraq and the war on
terrorism, together with the speed with which these funds
have been committed, presents a challenge to the effective
performance of the traditional oversight function of Congress
and the auditing functions of the executive branch.
(5) The Senate Special Committee to Investigate the
National Defense Program, popularly know as the Truman
Committee, which was established during World War II, offers
a constructive precedent for bipartisan oversight of wartime
contracting that can also be extended to wartime and postwar
reconstruction activities.
(6) The Truman Committee is credited with an extremely
successful investigative effort, performance of a significant
public education role, and achievement of fiscal savings
measured in the billions of dollars.
(7) The public has a right to expect that taxpayer
resources will be carefully disbursed and honestly spent.
SEC. 4102. SPECIAL COMMITTEE ON WAR AND RECONSTRUCTION
CONTRACTING.
There is established a special committee of the Senate to
be known as the Special Committee on War and Reconstruction
Contracting (hereafter in this title referred to as the
``Special Committee'').
SEC. 4103. PURPOSE AND DUTIES.
(a) Purpose.--The purpose of the Special Committee is to
investigate the awarding and performance of contracts to
conduct military, security, and reconstruction activities in
Afghanistan and Iraq and to support the prosecution of the
war on terrorism.
(b) Duties.--The Special Committee shall examine the
contracting actions described in subsection (a) and report on
such actions, in accordance with this section, regarding--
(1) bidding, contracting, accounting, and auditing
standards for Federal Government contracts;
(2) methods of contracting, including sole-source contracts
and limited competition or noncompetitive contracts;
(3) subcontracting under large, comprehensive contracts;
(4) oversight procedures;
(5) consequences of cost-plus and fixed price contracting;
(6) allegations of wasteful and fraudulent practices;
(7) accountability of contractors and Government officials
involved in procurement and contracting;
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(8) penalties for violations of law and abuses in the
awarding and performance of Government contracts; and
(9) lessons learned from the contracting process used in
Iraq and Afghanistan and in connection with the war on
terrorism with respect to the structure, coordination,
management policies, and procedures of the Federal
Government.
(c) Investigation of Wasteful and Fraudulent Practices.--
The investigation by the Special Committee of allegations of
wasteful and fraudulent practices under subsection (b)(6)
shall include investigation of allegations regarding any
contract or spending entered into, supervised by, or
otherwise involving the Coalition Provisional Authority,
regardless of whether or not such contract or spending
involved appropriated funds of the United States.
(d) Evidence Considered.--In carrying out its duties, the
Special Committee shall ascertain and evaluate the evidence
developed by all relevant governmental agencies regarding the
facts and circumstances relevant to contracts described in
subsection (a) and any contract or spending covered by
subsection (c).
SEC. 4104. COMPOSITION OF SPECIAL COMMITTEE.
(a) Membership.--
(1) In general.--The Special Committee shall consist of 7
members of the Senate of whom--
(A) 4 members shall be appointed by the President pro
tempore of the Senate, in consultation with the majority
leader of the Senate; and
(B) 3 members shall be appointed by the minority leader of
the Senate.
(2) Date.--The appointments of the members of the Special
Committee shall be made not later than 90 days after the date
of the enactment of this Act.
(b) Vacancies.--Any vacancy in the Special Committee shall
not affect its powers, but shall be filled in the same manner
as the original appointment.
(c) Service.--Service of a Senator as a member, chairman,
or ranking member of the Special Committee shall not be taken
into account for the purposes of paragraph (4) of rule XXV of
the Standing Rules of the Senate.
(d) Chairman and Ranking Member.--The chairman of the
Special Committee shall be designated by the majority leader
of the Senate, and the ranking member of the Special
Committee shall be designated by the minority leader of the
Senate.
(e) Quorum.--
(1) Reports and recommendations.--A majority of the members
of the Special Committee shall constitute a quorum for the
purpose of reporting a matter or recommendation to the
Senate.
(2) Testimony.--One member of the Special Committee shall
constitute a quorum for the purpose of taking testimony.
(3) Other business.--A majority of the members of the
Special Committee, or \1/3\ of the members of the Special
Committee if at least one member of the minority party is
present, shall constitute a quorum for the purpose of
conducting any other business of the Special Committee.
SEC. 4105. RULES AND PROCEDURES.
(a) Governance Under Standing Rules of Senate.--Except as
otherwise specifically provided in this subtitle, the
investigation, study, and hearings conducted by the Special
Committee shall be governed by the Standing Rules of the
Senate.
(b) Additional Rules and Procedures.--The Special Committee
may adopt additional rules or procedures if the chairman and
ranking member agree that such additional rules or procedures
are necessary to enable the Special Committee to conduct the
investigation, study, and hearings authorized by this
resolution. Any such additional rules and procedures--
(1) shall not be inconsistent with this resolution or the
Standing Rules of the Senate; and
(2) shall become effective upon publication in the
Congressional Record.
SEC. 4106. AUTHORITY OF SPECIAL COMMITTEE.
(a) In General.--The Special Committee may exercise all of
the powers and responsibilities of a committee under rule
XXVI of the Standing Rules of the Senate.
(b) Hearings.--The Special Committee or, at its direction,
any subcommittee or member of the Special Committee, may, for
the purpose of carrying out this resolution--
(1) hold such hearings, sit and act at such times and
places, take such testimony, receive such evidence, and
administer such oaths as the Special Committee or such
subcommittee or member considers advisable; and
(2) require, by subpoena or otherwise, the attendance and
testimony of such witnesses and the production of such books,
records, correspondence, memoranda, papers, documents, tapes,
and materials as the Special Committee considers advisable.
(c) Issuance and Enforcement of Subpoenas.--
(1) Issuance.--Subpoenas issued under subsection (b) shall
bear the signature of the Chairman of the Special Committee
and shall be served by any person or class of persons
designated by the Chairman for that purpose.
(2) Enforcement.--In the case of contumacy or failure to
obey a subpoena issued under subsection (a), the United
States district court for the judicial district in which the
subpoenaed person resides, is served, or may be found may
issue an order requiring such person to appear at any
designated place to testify or to produce documentary or
other evidence. Any failure to obey the order of the court
may be punished by the court as a contempt of that court.
(d) Meetings.--The Special Committee may sit and act at any
time or place during sessions, recesses, and adjournment
periods of the Senate.
SEC. 4107. REPORTS.
(a) Initial Report.--The Special Committee shall submit to
the Senate a report on the investigation conducted pursuant
to section 4103 not later than 270 days after the appointment
of the Special Committee members.
(b) Updated Report.--The Special Committee shall submit an
updated report on such investigation not later than 180 days
after the submission of the report under subsection (a).
(c) Additional Reports.--The Special Committee may submit
any additional report or reports that the Special Committee
considers appropriate.
(d) Findings and Recommendations.--The reports under this
section shall include findings and recommendations of the
Special Committee regarding the matters considered under
section 4103.
(e) Disposition of Reports.--Any report made by the Special
Committee when the Senate is not in session shall be
submitted to the Clerk of the Senate. Any report made by the
Special Committee shall be referred to the committee or
committees that have jurisdiction over the subject matter of
the report.
SEC. 4108. ADMINISTRATIVE PROVISIONS.
(a) Staff.--
(1) In general.--The Special Committee may employ in
accordance with paragraph (2) a staff composed of such
clerical, investigatory, legal, technical, and other
personnel as the Special Committee, or the chairman or the
ranking member, considers necessary or appropriate.
(2) Appointment of staff.--
(A) In general.--The Special Committee shall appoint a
staff for the majority, a staff for the minority, and a
nondesignated staff.
(B) Majority staff.--The majority staff shall be appointed,
and may be removed, by the chairman and shall work under the
general supervision and direction of the chairman.
(C) Minority staff.--The minority staff shall be appointed,
and may be removed, by the ranking member of the Special
Committee, and shall work under the general supervision and
direction of such member.
(D) Nondesignated staff.--Nondesignated staff shall be
appointed, and may be removed, jointly by the chairman and
the ranking member, and shall work under the joint general
supervision and direction of the chairman and ranking member.
(b) Compensation.--
(1) Majority staff.--The chairman shall fix the
compensation of all personnel of the majority staff of the
Special Committee.
(2) Minority staff.--The ranking member shall fix the
compensation of all personnel of the minority staff of the
Special Committee.
(3) Nondesignated staff.--The chairman and ranking member
shall jointly fix the compensation of all nondesignated staff
of the Special Committee, within the budget approved for such
purposes for the Special Committee.
(c) Reimbursement of Expenses.--The Special Committee may
reimburse the members of its staff for travel, subsistence,
and other necessary expenses incurred by such staff members
in the performance of their functions for the Special
Committee.
(d) Payment of Expenses.--There shall be paid out of the
applicable accounts of the Senate such sums as may be
necessary for the expenses of the Special Committee. Such
payments shall be made on vouchers signed by the chairman of
the Special Committee and approved in the manner directed by
the Committee on Rules and Administration of the Senate.
Amounts made available under this subsection shall be
expended in accordance with regulations prescribed by the
Committee on Rules and Administration of the Senate.
SEC. 4109. TERMINATION.
The Special Committee shall terminate on July 1, 2008.
SEC. 4110. SENSE OF SENATE ON CERTAIN CLAIMS REGARDING THE
COALITION PROVISIONAL AUTHORITY.
It is the sense of the Senate that any claim of fraud,
waste, or abuse under the False Claims Act that involves any
contract or spending by the Coalition Provisional Authority
should be considered a claim against the United States
Government.
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