S.Amdt. 379

TEXT OF AMENDMENTS

SA 373. Mr. COBURN submitted an amendment intended to be proposed to
amendment SA 343 submitted by Ms. Cantwell (for herself, Mr. Dodd, and
Mr. Feingold) and intended to be proposed to the bill S. 4, to make the
United States more secure by implementing unfinished recommendations of
the 9/11 Commission to fight the war on terror more effectively, to
improve homeland security, and for other purposes; which was ordered to
lie on the table; as follows:

Beginning on page 2 of the amendment, strike line 12 and
all that follows through page 3, line 11, and insert the
following:
(b) Declaration of Policy.--It is the policy of the United
States to promote the reduction of global poverty, the
elimination of extreme global poverty, and the achievement of
the Millennium Challenge Account goals of political and
economic reforms by developing nations in three areas: ruling
justly, investing in people, and fostering economic freedom.
(c) Comprehensive Strategy.--
(1) Strategy required.--The President, acting through the
Secretary of State and in consultation with the heads of
other appropriate departments and agencies of the Government
of the United States, international organizations,
international financial institutions, the governments of
developing and developed countries, United States and
international nongovernmental organizations, civil society
organizations, and other appropriate entities, shall develop
and implement a comprehensive strategy to further the United
States foreign policy objective of promoting the reduction of
global poverty, and the achievement of the Millennium
Challenge Account goals of political and economic reforms by
developing nations in three areas: ruling justly, investing
in people, and fostering economic freedom.
______

SA 374. Mr. COBURN submitted an amendment intended to be proposed to
amendment SA 343 submitted by Ms. Cantwell (for herself, Mr. Dodd, and
Mr. Feingold) and intended to be proposed to the bill S. 4, to make the
United States more secure by implementing unfinished recommendations of
the 9/11 Commission to fight the war on terror more effectively, to
improve homeland security, and for other purposes; which was ordered to
lie on the table; as follows:

Beginning on page 2 of the amendment, strike line 12 and
all that follows through page 3, line 11, and insert the
following:
(b) Declaration of Policy.--It is the policy of the United
States to promote the reduction of global poverty, the
elimination of extreme global poverty, and the achievement of
the Millennium Challenge Account goals of political and
economic reforms by developing nations in three areas: ruling
justly, investing in people, and fostering economic freedom.
(c) Comprehensive Strategy.--
(1) Strategy required.--The President, acting through the
Secretary of State and in consultation with the heads of
other appropriate departments and agencies of the Government
of the United States, international organizations,
international financial institutions, the governments of
developing and developed countries, United States and
international nongovernmental organizations, civil society
organizations, and other appropriate entities, shall develop
and implement a comprehensive strategy to further the United
States foreign policy objective of promoting the reduction of
global poverty, the elimination of extreme global poverty,
and the achievement of the Millennium Challenge Account goals
of political and economic reforms by developing nations in
three areas: ruling justly, investing in people, and
fostering economic freedom.
______

SA 375. Ms. LANDRIEU submitted an amendment intended to be proposed
to amendment SA 275 proposed by Mr. Reid (for himself, Mr. Lieberman,
and Ms. Collins) to the bill S. 4, to make the United States more
secure by implementing unfinished recommendations of the 9/11
Commission to fight the war on terror more effectively, to improve
homeland security, and for other purposes; which was ordered to lie on
the table; as follows:

On page 361, after line 20, insert the following:

SEC. 1385. COORDINATION OF EVACUATION AND SHELTERING PLANS.

(a) Regional Evacuation Plans.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary, using the findings
contained in the report analyzing catastrophic hurricane
evacuation plans, which was submitted to Congress pursuant to
section 10204(d) of SAFETEA-LU (Public Law 109-59), in
cooperation with the Secretary of Transportation and the
Secretary of Defense, and in coordination with the plans
established pursuant to subsection (b), shall establish, and
submit to Congress, regional evacuation plans that--
(A) are nationally coordinated;
(B) incorporate all modes of transportation, including
interstate rail, commercial rail, commercial air, military
air, and commercial bus; and
(C) clearly define the roles and responsibilities that each
Federal, State, or local government agency should undertake
to prepare for major evacuations.
(2) Provision of evacuation and sheltering services.--The
Director of the Federal Emergency Management Agency, in
coordination with States, units of local government,
nonprofit organization, and other private entities, shall be
prepared to provide regionally-coordinated evacuation and
sheltering services for individuals affected by large-scale
disasters.
(b) Regional Sheltering Plans.--Not later than 90 days
after the date of the enactment of this Act, the Secretary,
using the findings described in subsection (a), in
cooperation with the Secretary of Transportation and the
Secretary of Health and Human Services, and in coordination
with the plans established pursuant to subsection (a),
shall--
(1) establish, and submit to Congress, regional sheltering
plans that--
(A) are nationally coordinated; and
(B) identify regional and national shelters capable of
housing evacuees and victims of a catastrophic natural
disaster or terrorist attack in any part of the country; and
(2) develop a national sheltering database that can be
shared with States and units of local government during a
catastrophic event.
(c) Rulemaking.--Not later than 90 days after the
evacuation and sheltering plans are submitted under this
section, the Secretary, the Secretary of Transportation, the
Secretary of Defense, and the Secretary of Health and Human
Services, shall--
(1) issue regulations to implement the plans established
pursuant to subsections (a) and (b); and
(2) recommend legislation to facilitate the implementation
of such plans.
(d) Cost-Benefit Analysis.--
(1) In general.--The Secretary, in consultation with the
Secretary of Transportation, shall conduct an analysis
comparing the costs and benefits of evacuating the people of
New Orleans during a natural disaster or terrorist attack
compared to the costs and benefits of sheltering such people.
(2) Considerations.--In conducting the analysis under
paragraph (1), the Secretaries shall consider--
(A) the 20,000 to 30,000 people in New Orleans with special
needs; and
(B) the absence of shelters in Orleans Parish.
(3) Technical assistance.--The Secretary and the Secretary
of Transportation shall provide technical assistance to State
and units of local government that are establishing
evacuation and sheltering plans, which identify and utilize
regional shelters,

[[Page S2826]]

manpower, logistics, physical facilities, and modes of
transportation to be used to evacuate and shelter large
groups of people.
______

SA 376. Ms. LANDRIEU submitted an amendment intended to be proposed
to amendment SA 275 proposed by Mr. Reid (for himself, Mr. Lieberman,
and Ms. Collins) to the bill S. 4, to make the United States more
secure by implementing unfinished recommendations of the 9/11
Commission to fight the war on terror more effectively, to improve
homeland security, and for other purposes; which was ordered to lie on
the table; as follows:

At the end of title XV, add the following:

SEC. ____. ASSISTANCE FOR CERTAIN PUBLIC FACILITIES DAMAGED
AS A RESULT OF HURRICANE KATRINA OR HURRICANE
RITA.

The Administrator of the Federal Emergency Management
Agency shall make a contribution of funds under section 406
of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5172) to a State or local
government for the replacement of a public facility, if--
(1) that facility was damaged as a result of Hurricane
Katrina or Hurricane Rita;
(2) based on a cost estimate provided by the Federal
Emergency Management Agency to that State or local
government, the extent of the damage would require the
replacement of that facility, instead of the repair,
restoration, or reconstruction of that facility;
(3) that State or local government acquired real property
for the purpose of the replacement of that facility based on
reasonable reliance on the cost estimate described under
paragraph (2); and
(4) such funds would otherwise be available to that State
or local government for that facility in accordance with that
Act.
______

SA 377. Mrs. FEINSTEIN (for herself and Mr. Sessions) submitted an
amendment intended to be proposed by her to the bill S. 4, to make the
United States more secure by implementing unfinished recommendations of
the 9/11 Commission to fight the war on terror more effectively, to
improve homeland security, and for other purposes; which was ordered to
lie on the table; as follows:

At the end, add the following:

TITLE __--VISA AND PASSPORT SECURITY

SEC. __01. SHORT TITLE.

This title may be cited as the ``Passport and Visa Security
Act of 2007''.

Subtitle A--Reform of Passport Fraud Offenses

SEC. __11. TRAFFICKING IN PASSPORTS.

Section 1541 of title 18, United States Code, is amended to
read as follows:

``Sec. 1541. Trafficking in passports

``(a) Multiple Passports.--Any person who, during any
period of 3 years or less, knowingly--
``(1) and without lawful authority produces, issues, or
transfers 10 or more passports;
``(2) forges, counterfeits, alters, or falsely makes 10 or
more passports;
``(3) secures, possesses, uses, receives, buys, sells, or
distributes 10 or more passports, knowing the passports to be
forged, counterfeited, altered, falsely made, stolen,
procured by fraud, or produced or issued without lawful
authority; or
``(4) completes, mails, prepares, presents, signs, or
submits 10 or more applications for a United States passport,
knowing the applications to contain any false statement or
representation,

shall be fined under this title, imprisoned not more than 20
years, or both.
``(b) Passport Materials.--Any person who knowingly and
without lawful authority produces, buys, sells, possesses, or
uses any official material (or counterfeit of any official
material) used to make a passport, including any distinctive
paper, seal, hologram, image, text, symbol, stamp, engraving,
or plate, shall be fined under this title, imprisoned not
more than 20 years, or both.''.

SEC. __12. FALSE STATEMENT IN AN APPLICATION FOR A PASSPORT.

Section 1542 of title 18, United States Code, is amended to
read as follows:

``Sec. 1542. False statement in an application for a passport

``(a) In General.--Whoever knowingly makes any false
statement or representation in an application for a United
States passport, or mails, prepares, presents, or signs an
application for a United States passport knowing the
application to contain any false statement or representation,
shall be fined under this title, imprisoned not more than 15
years, or both.
``(b) Venue.--
``(1) In general.--An offense under subsection (a) may be
prosecuted in any district--
``(A) in which the false statement or representation was
made or the application for a United States passport was
prepared or signed; or
``(B) in which or to which the application was mailed or
presented.
``(2) Acts occurring outside the united states.--An offense
under subsection (a) involving an application for a United
States passport prepared and adjudicated outside the United
States may be prosecuted in the district in which the
resultant passport was or would have been produced.
``(c) Savings Clause.--Nothing in this section may be
construed to limit the venue otherwise available under
sections 3237 and 3238 of this title.''.

SEC. __13. FORGERY AND UNLAWFUL PRODUCTION OF A PASSPORT.

Section 1543 of title 18, United States Code, is amended to
read as follows:

``Sec. 1543. Forgery and unlawful production of a passport

``(a) Forgery.--Any person who knowingly--
``(1) forges, counterfeits, alters, or falsely makes any
passport; or
``(2) transfers any passport knowing it to be forged,
counterfeited, altered, falsely made, stolen, or to have been
produced or issued without lawful authority,

shall be fined under this title, imprisoned not more than 15
years, or both.
``(b) Unlawful Production.--Any person who knowingly and
without lawful authority--
``(1) produces, issues, authorizes, or verifies a passport
in violation of the laws, regulations, or rules governing the
issuance of the passport;
``(2) produces, issues, authorizes, or verifies a United
States passport for or to any person knowing or in reckless
disregard of the fact that such person is not entitled to
receive a passport; or
``(3) transfers or furnishes a passport to any person for
use by any person other than the person for whom the passport
was issued or designed,

shall be fined under this title, imprisoned not more than 15
years, or both.''.

SEC. __14. MISUSE OF A PASSPORT.

Section 1544 of title 18, United States Code, is amended to
read as follows:

``Sec. 1544. Misuse of a passport

``Any person who knowingly--
``(1) uses any passport issued or designed for the use of
another;
``(2) uses any passport in violation of the conditions or
restrictions therein contained, or in violation of the laws,
regulations, or rules governing the issuance and use of the
passport;
``(3) secures, possesses, uses, receives, buys, sells, or
distributes any passport knowing it to be forged,
counterfeited, altered, falsely made, procured by fraud, or
produced or issued without lawful authority; or
``(4) violates the terms and conditions of any safe conduct
duly obtained and issued under the authority of the United
States,

shall be fined under this title, imprisoned not more than 15
years, or both.''.

SEC. __15. ATTEMPTS AND CONSPIRACIES.

Section 1545 of title 18, United States Code, is amended to
read as follows:

``Sec. 1545. Attempts and conspiracies

``Any person who attempts or conspires to violate any
section of this chapter shall be punished in the same manner
as a person who completed a violation of that section.''.

SEC. __16. IMMIGRATION AND VISA FRAUD.

Section 1546 of title 18, United States Code, is amended to
read as follows:

``Sec. 1546. Immigration and visa fraud

``(a) In General.--Any person who knowingly--
``(1) uses any immigration document issued or designed for
the use of another;
``(2) forges, counterfeits, alters, or falsely makes any
immigration document;
``(3) completes, mails, prepares, presents, signs, or
submits any immigration document knowing it to contain any
materially false statement or representation;
``(4) secures, possesses, uses, transfers, receives, buys,
sells, or distributes any immigration document knowing it to
be forged, counterfeited, altered, falsely made, stolen,
procured by fraud, or produced or issued without lawful
authority;
``(5) adopts or uses a false or fictitious name to evade or
to attempt to evade the immigration laws; or
``(6) transfers or furnishes, without lawful authority, an
immigration document to another person for use by a person
other than the person for whom the document was issued or
designed,

shall be fined under this title, imprisoned not more than 15
years, or both.
``(b) Trafficking.--Any person who, during any period of 3
years or less, knowingly--
``(1) and without lawful authority produces, issues, or
transfers 10 or more immigration documents;
``(2) forges, counterfeits, alters, or falsely makes 10 or
more immigration documents;
``(3) secures, possesses, uses, buys, sells, or distributes
10 or more immigration documents, knowing the immigration
documents to be forged, counterfeited, altered, stolen,
falsely made, procured by fraud, or produced or issued
without lawful authority; or
``(4) completes, mails, prepares, presents, signs, or
submits 10 or more immigration documents knowing the
documents to contain any materially false statement or
representation,

shall be fined under this title, imprisoned not more than 20
years, or both.
``(c) Immigration Document Materials.--Any person who
knowingly and without lawful authority produces, buys, sells,
possesses, or uses any official material (or counterfeit of
any official material) used to make immigration documents,
including any distinctive

[[Page S2827]]

paper, seal, hologram, image, text, symbol, stamp, engraving,
or plate, shall be fined under this title, imprisoned not
more than 20 years, or both.
``(d) Employment Documents.--Whoever uses--
``(1) an identification document, knowing (or having reason
to know) that the document was not issued lawfully for the
use of the possessor;
``(2) an identification document knowing (or having reason
to know) that the document is false; or
``(3) a false attestation,
for the purpose of satisfying a requirement of section
274A(b) of the Immigration and Nationality Act (8 U.S.C.
1324a(b)), shall be fined under this title, imprisoned not
more than 5 years, or both.''.

SEC. __17. ALTERNATIVE IMPRISONMENT MAXIMUM FOR CERTAIN
OFFENSES.

Section 1547 of title 18, United States Code, is amended--
(1) in the matter preceding paragraph (1), by striking
``(other than an offense under section 1545)'';
(2) in paragraph (1), by striking ``15'' and inserting
``20''; and
(3) in paragraph (2), by striking ``20'' and inserting
``25''.

SEC. __18. ATTEMPTS, CONSPIRACIES, JURISDICTION, AND
DEFINITIONS.

Chapter 75 of title 18, United States Code, is amended by
adding after section 1547 the following new sections:

``Sec. 1548. Additional jurisdiction

``(a) In General.--Any person who commits an offense under
this chapter within the special maritime and territorial
jurisdiction of the United States shall be punished as
provided under this chapter.
``(b) Extraterritorial Jurisdiction.--Any person who
commits an offense under this chapter outside the United
States shall be punished as provided under this chapter if--
``(1) the offense involves a United States passport or
immigration document (or any document purporting to be such a
document) or any matter, right, or benefit arising under or
authorized by Federal immigration laws;
``(2) the offense is in or affects foreign commerce;
``(3) the offense affects, jeopardizes, or poses a
significant risk to the lawful administration of Federal
immigration laws, or the national security of the United
States;
``(4) the offense is committed to facilitate an act of
international terrorism (as defined in section 2331) or a
drug trafficking crime (as defined in section 929(a)(2)) that
affects or would affect the national security of the United
States;
``(5) the offender is a national of the United States or an
alien lawfully admitted for permanent residence (as those
terms are defined in section 101(a) of the Immigration and
Nationality Act (8 U.S.C. 1101(a))); or
``(6) the offender is a stateless person whose habitual
residence is in the United States.

``Sec. 1549. Authorized law enforcement activities

``Nothing in this chapter shall prohibit any lawfully
authorized investigative, protective, or intelligence
activity of a law enforcement agency of the United States, a
State, or a political subdivision of a State, or an
intelligence agency of the United States, or any activity
authorized under title V of the Organized Crime Control Act
of 1970 (Public Law 91-452; 84 Stat. 933).

``Sec. 1550. Definitions

``As used in this chapter:
``(1) The term `application for a United States passport'
includes any document, photograph, or other piece of evidence
submitted in support of an application for a United States
passport.
``(2) The term `false statement or representation' includes
a personation or an omission.
``(3) The term `immigration document'--
``(A) means any application, petition, affidavit,
declaration, attestation, form, visa, identification card,
alien registration document, employment authorization
document, border crossing card, certificate, permit, order,
license, stamp, authorization, grant of authority, or other
official document, arising under or authorized by the
immigration laws of the United States; and
``(B) includes any document, photograph, or other piece of
evidence attached to or submitted in support of an
immigration document described in subparagraph (A).
``(4) The term `immigration laws' includes--
``(A) the laws described in section 101(a)(17) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(17));
``(B) the laws relating to the issuance and use of
passports; and
``(C) the regulations prescribed under the authority of any
law described in subparagraph (A) or (B).
``(5) A person does not exercise `lawful authority' if the
person abuses or improperly exercises lawful authority the
person otherwise holds.
``(6) The term `passport' means--
``(A) a travel document attesting to the identity and
nationality of the bearer that is issued under the authority
of the Secretary of State, a foreign government, or an
international organization; or
``(B) any instrument purporting to be a document described
in subparagraph (A).
``(7) The term `produce' means to make, prepare, assemble,
issue, print, authenticate, or alter.
``(8) The term `to present' means to offer or submit for
official processing, examination, or adjudication. Any such
presentation continues until the official processing,
examination, or adjudication is complete.
``(9) The `use' of a passport or an immigration document
referred to in section 1541(a), 1543(b), 1544, 1546(a), and
1546(b) of this chapter includes--
``(A) any officially authorized use;
``(B) use to travel;
``(C) use to demonstrate identity, residence, nationality,
citizenship, or immigration status;
``(D) use to seek or maintain employment; or
``(E) use in any matter within the jurisdiction of the
Federal government or of a State government.''.

SEC. __19. CLERICAL AMENDMENT.

The table of sections for chapter 75 of title 18, United
States Code, is amended to read as follows:

``Sec. 1541. Trafficking in passports.
``Sec. 1542. False statement in an application for a passport.
``Sec. 1543. Forgery and unlawful production of a passport.
``Sec. 1544. Misuse of a passport.
``Sec. 1545. Attempts and conspiracies.
``Sec. 1546. Immigration and visa fraud.
``Sec. 1547. Alternative imprisonment maximum for certain offenses.
``Sec. 1548. Additional jurisdiction.
``Sec. 1549. Authorized law enforcement activities.
``Sec. 1550. Definitions.''.

Subtitle B--Other Reforms

SEC. __21. DIRECTIVE TO THE UNITED STATES SENTENCING
COMMISSION.

(a) In General.--Pursuant to the authority under section
994 of title 28, United States Code, the United States
Sentencing Commission shall promulgate or amend the
sentencing guidelines, policy statements, and official
commentaries related to passport fraud offenses, including
the offenses described in chapter 75 of title 18, United
States Code, as amended by section 2, to reflect the serious
nature of such offenses.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the United States Sentencing
Commission shall submit to the Committee on the Judiciary of
the Senate and the Committee on the Judiciary of the House of
Representatives a report on the implementation of this
section.

SEC. __22. RELEASE AND DETENTION PRIOR TO DISPOSITION.

(a) Detention.--Section 3142(e) of title 18, United States
Code, is amended to read as follows:
``(e) Detention.--(1) If, after a hearing pursuant to the
provisions of subsection (f) of this section, the judicial
officer finds that no condition or combination of conditions
will reasonably assure the appearance of the person as
required and the safety of any other person and the
community, such judicial officer shall order the detention of
the person before trial.
``(2) In a case described in subsection (f)(1) of this
section, a rebuttable presumption arises that no condition or
combination of conditions will reasonably assure the safety
of any other person and the community if such judicial
officer finds that--
``(A) the person has been convicted of a Federal offense
that is described in subsection (f)(1) of this section, or of
a State or local offense that would have been an offense
described in subsection (f)(1) of this section if a
circumstance giving rise to Federal jurisdiction had existed;
``(B) the offense described in subparagraph (A) of this
paragraph was committed while the person was on release
pending trial for a Federal, State, or local offense; and
``(C) a period of not more than five years has elapsed
since the date of conviction, or the release of the person
from imprisonment, for the offense described in subparagraph
(A) of this paragraph, whichever is later.
``(3) Subject to rebuttal by the person, it shall be
presumed that no condition or combination of conditions will
reasonably assure the appearance of the person as required
and the safety of the community if the judicial officer finds
that there is probable cause to believe that the person
committed an offense for which a maximum term of imprisonment
of ten years or more is prescribed in the Controlled
Substances Act (21 U.S.C. 801 et seq.), the Controlled
Substances Import and Export Act (21 U.S.C. 951 et seq.), or
chapter 705 of title 46, an offense under section 924(c),
956(a), or 2332b of this title, or an offense listed in
section 2332b(g)(5)(B) of this title for which a maximum term
of imprisonment of 10 years or more is prescribed, or an
offense involving a minor victim under section 1201, 1591,
2241, 2242, 2244(a)(1), 2245, 2251, 2251A, 2252(a)(1),
2252(a)(2), 2252(a)(3), 2252A(a)(1), 2252A(a)(2),
2252A(a)(3), 2252A(a)(4), 2260, 2421, 2422, 2423, or 2425 of
this title.
``(4) Subject to rebuttal by the person, it shall be
presumed that no condition or combination of conditions will
reasonably assure the appearance of the person as required if
the judicial officer finds that there is probable cause to
believe that the person--
``(A) is an alien; and
``(B)(i) has no lawful immigration status in the United
States;
``(ii) is the subject of a final order of removal; or
``(iii) has committed a felony offense under chapter 75 of
this title.''.
(b) Factors To Be Considered.--Section 3142(g)(3) of title
18, United States Code, is amended--

[[Page S2828]]

(1) in subparagraph (A), by striking ``and'' at the end;
and
(2) by adding at the end the following new subparagraph:
``(C) the person's immigration status; and''.

SEC. __23. PROTECTION FOR LEGITIMATE REFUGEES AND ASYLUM
SEEKERS.

(a) Protection for Legitimate Refugees and Asylum
Seekers.--The Attorney General, in consultation with the
Secretary of Homeland Security, shall develop binding
prosecution guidelines for Federal prosecutors to ensure that
any prosecution of an alien seeking entry into the United
States by fraud is consistent with the United States treaty
obligations under Article 31(1) of the Convention Relating to
the Status of Refugees, done at Geneva July 28, 1951 (as made
applicable by the Protocol Relating to the Status of
Refugees, done at New York January 31, 1967 (19 UST 6223)).
(b) No Private Right of Action.--The guidelines required by
subsection (a), and any internal office procedures adopted
pursuant thereto, are intended solely for the guidance of
attorneys for the United States. This section, such
guidelines, and the process for determining such guidelines
are not intended to, do not, and may not be relied upon to
create any right or benefit, substantive or procedural,
enforceable at law by any party in any administrative, civil,
or criminal matter

SEC. __24. DIPLOMATIC SECURITY SERVICE.

Section 37(a)(1) of the State Department Basic Authorities
Act of 1956 (22 U.S.C. 2709(a)(1)) is amended to read as
follows:
``(1) conduct investigations concerning--
``(A) illegal passport or visa issuance or use;
``(B) identity theft or document fraud affecting or
relating to the programs, functions, and authorities of the
Department of State;
``(C) violations of chapter 77 of title 18, United States
Code; and
``(D) Federal offenses committed within the special
maritime and territorial jurisdiction defined in paragraph
(9) of section 7 of title 18, United States Code;''.

SEC. __25. UNIFORM STATUTE OF LIMITATIONS FOR CERTAIN
IMMIGRATION, PASSPORT, AND NATURALIZATION
OFFENSES.

(a) In General.--Section 3291 of title 18, United States
Code, is amended to read as follows:

``Sec. 3291. Immigration, passport, and naturalization
offenses

``No person shall be prosecuted, tried, or punished for a
violation of any section of chapters 69 (relating to
nationality and citizenship offenses) or 75 (relating to
passport and visa offenses) of this title, or for an attempt
or conspiracy to violate any such section, unless the
indictment is returned or the information is filed within ten
years after the commission of the offense.''.
(b) Clerical Amendment.--The table of sections for chapter
213 of title 18, United States Code, is amended by striking
the item relating to section 3291 and inserting the
following:

``3291. Immigration, passport, and naturalization offenses''.
______

SA 378. Mr. KERRY (for himself, Mr. Dodd, Mr. Biden, and Mr. Leahy)
submitted an amendment intended to be proposed to amendment SA 275
proposed by Mr. Reid (for himself, Mr. Lieberman, and Ms. Collins) to
the bill S. 4, to make the United States more secure by implementing
unfinished recommendations of the 9/11 Commission to fight the war on
terror more effectively, to improve homeland security, and for other
purposes; which was ordered to lie on the table; as follows:

At the end of title XV, add the following new section:

SEC. 1505. SENSE OF CONGRESS ON MILITARY ASSISTANCE TO
PAKISTAN.

(a) Findings.--Congress makes the following findings:
(1) A democratic, stable, and prosperous Pakistan that is a
full and reliable partner in the struggle against Al Qaeda
and the Taliban and a responsible steward of its nuclear
weapons and technology is vital to the national security of
the United States and to combating international terrorism.
(2) Since September 11, 2001, Pakistan has been an
important partner in removing the Taliban regime in
Afghanistan and combating Al Qaeda and international
terrorism, engaging in operations that have led to the deaths
of hundreds of Pakistani security personnel and enduring acts
of terrorism and sectarian violence that have killed many
innocent civilians.
(3) Senior United States military and intelligence
officials have stated that the Taliban and Al Qaeda have
established critical sanctuaries in Pakistan from where Al
Qaeda is rebuilding its global terrorist network and Taliban
forces are crossing into Afghanistan and attacking Afghan,
US, and International Security Assistance Force (ISAF)
personnel.
(b) Statement of Policy.--It is the policy of the United
States--
(1) to maintain and deepen its long-term strategic
partnership with Pakistan;
(2) to work with the Government of Pakistan to combat
international terrorism and to end the use of Pakistani
territory as a safe haven for Al Qaeda, the Taliban, and
associated terrorist organizations, including through the
integration and development of the Federally Administered
Tribal Areas (FATA);
(3) to work with the Government of Pakistan to dismantle
existing proliferation networks and prevent nuclear
proliferation;
(4) to work to facilitate the peaceful resolution of all
bilateral disputes between Pakistan and its neighboring
countries;
(5) to encourage the transition in Pakistan to a fully
democratic system of governance; and
(6) to implement a robust aid strategy that supports
programs in Pakistan related to education, governance, rule
of law, women's rights, medical access, and infrastructure
development.
(c) Sense of Congress.--It is the sense of Congress that
the determination of appropriate levels of United States
military assistance to Pakistan should be guided by
demonstrable progress by the Government of Pakistan in--
(1) preventing Al Qaeda and associated terrorist
organizations from operating in the territory of Pakistan,
including by eliminating terrorist training camps or
facilities, arresting members of Al Qaeda and associated
terrorist organizations, and countering recruitment efforts;
(2) preventing the Taliban from using the territory of
Pakistan as a sanctuary from which to launch attacks within
Afghanistan, including by arresting Taliban leaders, stopping
cross-border incursions, and countering recruitment efforts;
and
(3) implementing democratic reforms, including by allowing
free, fair, and inclusive elections at all levels of
government in accordance with internationally recognized
democratic norms.
______

SA 379. Mr. GRASSLEY submitted an amendment intended to be proposed
to amendment SA 272 proposed by Mr. Allard to the amendment SA 275
proposed by Mr. Reid (for himself, Mr. Lieberman, and Ms. Collins) to
the bill S. 4, to make the United States more secure by implementing
unfinished recommendations of the 9/11 Commission to fight the war on
terror more effectively, to improve homeland security, and for other
purposes; which was ordered to lie on the table; as follows:

In lieu of the matter proposed to be inserted, insert the
following:

SEC. ___. DISCLOSURE OF CERTAIN TAXPAYER INFORMATION TO
ASSIST IN IMMIGRATION ENFORCEMENT.

(a) Disclosure of Certain Taxpayer Identity Information.--
(1) In general.--Section 6103(l) of the Internal Revenue
Code of 1986 is amended by adding at the end the following
new paragraph:
``(21) Disclosure of certain taxpayer identity information
by social security administration to department of homeland
security.--
``(A) In general.--From taxpayer identity information which
has been disclosed or otherwise made available to the Social
Security Administration and upon written request by the
Secretary of Homeland Security (in this paragraph referred to
as the `Secretary'), the Commissioner of Social Security
shall disclose directly to officers, employees, and
contractors of the Department of Homeland Security--
``(i) the taxpayer identity of each person who has filed an
information return required by reason of section 6051 after
calendar year 2005 and before the date specified in
subparagraph (D) which contains--

``(I) 1 (or any greater number the Secretary shall request)
name and taxpayer identifying number of any employee (within
the meaning of such section) that did not match the records
maintained by the Commissioner of Social Security, or
``(II) 2 (or any greater number the Secretary shall
request) names of employees (within the meaning of such
section) with the same taxpayer identifying number,

and the taxpayer identity of each such employee, and
``(ii) the taxpayer identity of each person who has filed
an information return required by reason of section 6051
after calendar year 2005 and before the date specified in
subparagraph (D) which contains the taxpayer identifying
number (assigned under section 6109) of an employee (within
the meaning of section 6051)--

``(I) who is under the age of 14 (or any lesser age the
Secretary shall request), according to the records maintained
by the Commissioner of Social Security,
``(II) whose date of death, according to the records so
maintained, occurred in a calendar year preceding the
calendar year for which the information return was filed,
``(III) whose taxpayer identifying number is contained in
more than one (or any greater number the Secretary shall
request) information return filed in such calendar year, or
``(IV) who is not authorized to work in the United States,
according to the records maintained by the Commissioner of
Social Security,

and the taxpayer identity of each such employee.
``(B) Restriction on disclosure.--The Commissioner of
Social Security shall disclose taxpayer identity information
under subparagraph (A) only for purposes of, and to

[[Page S2829]]

the extent necessary to assist the Secretary in--
``(i) carrying out, including through civil administrative
and civil judicial proceedings, of sections 212, 217, 235,
237, 238, 274A, 274B, and 274C of the Immigration and
Nationality Act, and
``(ii) the civil operation of the Alien Terrorist Removal
Court.
``(C) Reimbursement.--The Commissioner of Social Security
shall prescribe a reasonable fee schedule for furnishing
taxpayer identity information under this paragraph and
collect such fees in advance from the Secretary.
``(D) Termination.--This paragraph shall not apply to any
request made after the date which is 3 years after the date
of the enactment of this paragraph.''.
(2) Compliance by dhs contractors with confidentiality
safeguards.--
(A) In general.--Section 6103(p) of such Code is amended by
adding at the end the following new paragraph:
``(9) Disclosure to dhs contractors.--Notwithstanding any
other provision of this section, no return or return
information shall be disclosed to any contractor of the
Department of Homeland Security unless such Department, to
the satisfaction of the Secretary--
``(A) has requirements in effect which require each such
contractor which would have access to returns or return
information to provide safeguards (within the meaning of
paragraph (4)) to protect the confidentiality of such returns
or return information,
``(B) agrees to conduct an on-site review every 3 years
(mid-point review in the case of contracts or agreements of
less than 3 years in duration) of each contractor to
determine compliance with such requirements,
``(C) submits the findings of the most recent review
conducted under subparagraph (B) to the Secretary as part of
the report required by paragraph (4)(E), and
``(D) certifies to the Secretary for the most recent annual
period that such contractor is in compliance with all such
requirements.

The certification required by subparagraph (D) shall include
the name and address of each contractor, a description of the
contract or agreement with such contractor, and the duration
of such contract or agreement.''.
(3) Conforming amendments.--
(A) Section 6103(a)(3) of such Code is amended by striking
``or (20)'' and inserting ``(20), or (21)''.
(B) Section 6103(p)(3)(A) of such Code is amended by adding
at the end the following new sentence: ``The Commissioner of
Social Security shall provide to the Secretary such
information as the Secretary may require in carrying out this
paragraph with respect to return information inspected or
disclosed under the authority of subsection (l)(21).''.
(C) Section 6103(p)(4) of such Code is amended--
(i) by striking ``or (17)'' both places it appears and
inserting ``(17), or (21)''; and
(ii) by striking ``or (20)'' each place it appears and
inserting ``(20), or (21)''.
(D) Section 6103(p)(8)(B) of such Code is amended by
inserting ``or paragraph (9)'' after ``subparagraph (A)''.
(E) Section 7213(a)(2) of such Code is amended by striking
``or (20)'' and inserting ``(20), or (21)''.
(b) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
the Secretary of Homeland Security such sums as are necessary
to carry out the amendments made by this section.
(2) Limitation on verification responsibilities of
commissioner of social security.--The Commissioner of Social
Security is authorized to perform activities with respect to
carrying out the Commissioner's responsibilities in the
amendments made by subsection (a), but only to the extent the
Secretary of Homeland Security has provided, in advance,
funds to cover the Commissioner's full costs in carrying out
such responsibilities. In no case shall funds from the
Federal Old-Age and Survivors Insurance Trust Fund or the
Federal Disability Insurance Trust Fund be used to carry out
such responsibilities.
(c) Repeal of Reporting Requirements.--
(1) Report on earnings of aliens not authorized to work.--
Subsection (c) of section 290 of the Immigration and
Nationality Act (8 U.S.C. 1360) is repealed.
(2) Report on fraudulent use of social security account
numbers.--Subsection (b) of section 414 of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996
(division C of Public Law 104-208; 8 U.S.C. 1360 note) is
repealed.
(d) Effective Dates.--
(1) In general.--The amendments made by subsection (a)
shall apply to disclosures made after the date of the
enactment of this Act.
(2) Certifications.--The first certification under section
6103(p)(9)(D) of the Internal Revenue Code of 1986, as added
by subsection (a)(2), shall be made with respect to calendar
year 2007.
(3) Repeals.--The repeals made by subsection (c) shall take
effect on the date of the enactment of this Act.

______

SA 380. Mr. GRASSLEY submitted an amendment intended to be proposed
to amendment SA 275 proposed by Mr. Reid (for himself, Mr. Lieberman,
and Ms. Collins) to the bill S. 4, to make the United States more
secure by implementing unfinished recommendations of the 9/11
Commission to fight the war on terror more effectively, to improve
homeland security, and for other purposes; which was ordered to lie on
the table; as follows:

At the end of title XV add the following:

SEC. ___. DISCLOSURE OF CERTAIN TAXPAYER INFORMATION TO
ASSIST IN IMMIGRATION ENFORCEMENT.

(a) Disclosure of Certain Taxpayer Identity Information.--
(1) In general.--Section 6103(l) of the Internal Revenue
Code of 1986 is amended by adding at the end the following
new paragraph:
``(21) Disclosure of certain taxpayer identity information
by social security administration to department of homeland
security.--
``(A) In general.--From taxpayer identity information which
has been disclosed or otherwise made available to the Social
Security Administration and upon written request by the
Secretary of Homeland Security (in this paragraph referred to
as the `Secretary'), the Commissioner of Social Security
shall disclose directly to officers, employees, and
contractors of the Department of Homeland Security--
``(i) the taxpayer identity of each person who has filed an
information return required by reason of section 6051 after
calendar year 2005 and before the date specified in
subparagraph (D) which contains--

``(I) 1 (or any greater number the Secretary shall request)
name and taxpayer identifying number of any employee (within
the meaning of such section) that did not match the records
maintained by the Commissioner of Social Security, or
``(II) 2 (or any greater number the Secretary shall
request) names of employees (within the meaning of such
section) with the same taxpayer identifying number,

and the taxpayer identity of each such employee, and
``(ii) the taxpayer identity of each person who has filed
an information return required by reason of section 6051
after calendar year 2005 and before the date specified in
subparagraph (D) which contains the taxpayer identifying
number (assigned under section 6109) of an employee (within
the meaning of section 6051)--

``(I) who is under the age of 14 (or any lesser age the
Secretary shall request), according to the records maintained
by the Commissioner of Social Security,
``(II) whose date of death, according to the records so
maintained, occurred in a calendar year preceding the
calendar year for which the information return was filed,
``(III) whose taxpayer identifying number is contained in
more than one (or any greater number the Secretary shall
request) information return filed in such calendar year, or
``(IV) who is not authorized to work in the United States,
according to the records maintained by the Commissioner of
Social Security,

and the taxpayer identity of each such employee.
``(B) Restriction on disclosure.--The Commissioner of
Social Security shall disclose taxpayer identity information
under subparagraph (A) only for purposes of, and to the
extent necessary to assist the Secretary in--
``(i) carrying out, including through civil administrative
and civil judicial proceedings, of sections 212, 217, 235,
237, 238, 274A, 274B, and 274C of the Immigration and
Nationality Act, and
``(ii) the civil operation of the Alien Terrorist Removal
Court.
``(C) Reimbursement.--The Commissioner of Social Security
shall prescribe a reasonable fee schedule for furnishing
taxpayer identity information under this paragraph and
collect such fees in advance from the Secretary.
``(D) Termination.--This paragraph shall not apply to any
request made after the date which is 3 years after the date
of the enactment of this paragraph.''.
(2) Compliance by dhs contractors with confidentiality
safeguards.--
(A) In general.--Section 6103(p) of such Code is amended by
adding at the end the following new paragraph:
``(9) Disclosure to dhs contractors.--Notwithstanding any
other provision of this section, no return or return
information shall be disclosed to any contractor of the
Department of Homeland Security unless such Department, to
the satisfaction of the Secretary--
``(A) has requirements in effect which require each such
contractor which would have access to returns or return
information to provide safeguards (within the meaning of
paragraph (4)) to protect the confidentiality of such returns
or return information,
``(B) agrees to conduct an on-site review every 3 years
(mid-point review in the case of contracts or agreements of
less than 3 years in duration) of each contractor to
determine compliance with such requirements,
``(C) submits the findings of the most recent review
conducted under subparagraph (B) to the Secretary as part of
the report required by paragraph (4)(E), and
``(D) certifies to the Secretary for the most recent annual
period that such contractor is in compliance with all such
requirements.
The certification required by subparagraph (D) shall include
the name and address of each contractor, a description of the
contract or agreement with such contractor, and the duration
of such contract or agreement.''.

[[Page S2830]]

(3) Conforming amendments.--
(A) Section 6103(a)(3) of such Code is amended by striking
``or (20)'' and inserting ``(20), or (21)''.
(B) Section 6103(p)(3)(A) of such Code is amended by adding
at the end the following new sentence: ``The Commissioner of
Social Security shall provide to the Secretary such
information as the Secretary may require in carrying out this
paragraph with respect to return information inspected or
disclosed under the authority of subsection (l)(21).''.
(C) Section 6103(p)(4) of such Code is amended--
(i) by striking ``or (17)'' both places it appears and
inserting ``(17), or (21)''; and
(ii) by striking ``or (20)'' each place it appears and
inserting ``(20), or (21)''.
(D) Section 6103(p)(8)(B) of such Code is amended by
inserting ``or paragraph (9)'' after ``subparagraph (A)''.
(E) Section 7213(a)(2) of such Code is amended by striking
``or (20)'' and inserting ``(20), or (21)''.
(b) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
the Secretary of Homeland Security such sums as are necessary
to carry out the amendments made by this section.
(2) Limitation on verification responsibilities of
commissioner of social security.--The Commissioner of Social
Security is authorized to perform activities with respect to
carrying out the Commissioner's responsibilities in the
amendments made by subsection (a), but only to the extent the
Secretary of Homeland Security has provided, in advance,
funds to cover the Commissioner's full costs in carrying out
such responsibilities. In no case shall funds from the
Federal Old-Age and Survivors Insurance Trust Fund or the
Federal Disability Insurance Trust Fund be used to carry out
such responsibilities.
(c) Repeal of Reporting Requirements.--
(1) Report on earnings of aliens not authorized to work.--
Subsection (c) of section 290 of the Immigration and
Nationality Act (8 U.S.C. 1360) is repealed.
(2) Report on fraudulent use of social security account
numbers.--Subsection (b) of section 414 of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996
(division C of Public Law 104-208; 8 U.S.C. 1360 note) is
repealed.
(d) Effective Dates.--
(1) In general.--The amendments made by subsection (a)
shall apply to disclosures made after the date of the
enactment of this Act.
(2) Certifications.--The first certification under section
6103(p)(9)(D) of the Internal Revenue Code of 1986, as added
by subsection (a)(2), shall be made with respect to calendar
year 2007.
(3) Repeals.--The repeals made by subsection (c) shall take
effect on the date of the enactment of this Act.
______

SA 381. Mr. INHOFE (for himself, Mr. Bunning, and Mr. Voinovich)
submitted an amendment intended to be proposed to amendment SA 275
proposed by Mr. Reid (for himself, Mr. Lieberman, and Ms. Collins) to
the bill S. 4, to make the United States more secure by implementing
unfinished recommendations of the 9/11 Commission to fight the war on
terror more effectively, to improve homeland security, and for other
purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

TITLE __--DOMESTIC FUELS SECURITY

SEC. __01. SHORT TITLE.

This title may be cited as the ``Domestic Fuels Security
Act of 2007''.

SEC. __2. DEFINITIONS.

In this title:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Coal-to-liquid.--The term ``coal-to-liquid'' means--
(A) with respect to a process or technology, the use of a
feedstock, the majority of which is derived from the coal
resources of the United States, using the class of reactions
known as Fischer-Tropsch, to produce synthetic fuel suitable
for transportation; and
(B) with respect to a facility, the portion of a facility
related to producing the inputs for the Fischer-Tropsch
process, or the finished fuel from the Fischer-Tropsch
process, using a feedstock that is primarily domestic coal at
the Fischer-Tropsch facility.
(3) Domestic fuels facility.--
(A) In general.--The term ``domestic fuels facility''
means--
(i) a coal liquification or coal-to-liquid facility at
which coal is processed into synthetic crude oil or any other
transportation fuel;
(ii) a facility that produces a renewable fuel (as defined
in section 211(o)(1) of the Clean Air Act (42 U.S.C.
7545(o)(1))); and
(iii) a facility at which crude oil is refined into
transportation fuel or other petroleum products.
(B) Inclusion.--The term ``domestic fuels facility''
includes a domestic fuels facility expansion.
(4) Domestic fuels facility expansion.--The term ``domestic
fuels facility expansion'' means a physical change in a
domestic fuels facility that results in an increase in the
capacity of the domestic fuels facility.
(5) Domestic fuels facility permitting agreement.--The term
``domestic fuels facility permitting agreement'' means an
agreement entered into between the Administrator and a State
or Indian tribe under subsection (b).
(6) Domestic fuels producer.--The term ``domestic fuels
producer'' means an individual or entity that--
(A) owns or operates a domestic fuels facility; or
(B) seeks to become an owner or operator of a domestic
fuels facility.
(7) Indian land.--The term ``Indian land'' has the meaning
given the term ``Indian lands'' in section 3 of the Native
American Business Development, Trade Promotion, and Tourism
Act of 2000 (25 U.S.C. 4302).
(8) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
(9) Permit.--The term ``permit'' means any permit, license,
approval, variance, or other form of authorization that a
refiner is required to obtain--
(A) under any Federal law; or
(B) from a State or Indian tribal government agency
delegated with authority by the Federal Government, or
authorized under Federal law to issue permits.
(10) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(11) State.--The term ``State'' means--
(A) a State;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico; and
(D) any other territory or possession of the United States.

Subtitle A--Collaborative Permitting Process for Domestic Fuels
Facilities

SEC. __11. COLLABORATIVE PERMITTING PROCESS FOR DOMESTIC
FUELS FACILITIES.

(a) In General.--At the request of the Governor of a State
or the governing body of an Indian tribe, the Administrator
shall enter into a domestic fuels facility permitting
agreement with the State or Indian tribe under which the
process for obtaining all permits necessary for the
construction and operation of a domestic fuels facility shall
be improved using a systematic interdisciplinary multimedia
approach as provided in this section.
(b) Authority of Administrator.--Under a domestic fuels
facility permitting agreement--
(1) the Administrator shall have authority, as applicable
and necessary, to--
(A) accept from a refiner a consolidated application for
all permits that the domestic fuels producer is required to
obtain to construct and operate a domestic fuels facility;
(B) establish a schedule under which each Federal, State,
or Indian tribal government agency that is required to make
any determination to authorize the issuance of a permit
shall--
(i) concurrently consider, to the maximum extent
practicable, each determination to be made; and
(ii) complete each step in the permitting process; and
(C) issue a consolidated permit that combines all permits
that the domestic fuels producer is required to obtain; and
(2) the Administrator shall provide to State and Indian
tribal government agencies--
(A) financial assistance in such amounts as the agencies
reasonably require to hire such additional personnel as are
necessary to enable the government agencies to comply with
the applicable schedule established under paragraph (1)(B);
and
(B) technical, legal, and other assistance in complying
with the domestic fuels facility permitting agreement.
(c) Agreement by the State.--Under a domestic fuels
facility permitting agreement, a State or governing body of
an Indian tribe shall agree that--
(1) the Administrator shall have each of the authorities
described in subsection (b); and
(2) each State or Indian tribal government agency shall--
(A) make such structural and operational changes in the
agencies as are necessary to enable the agencies to carry out
consolidated project-wide permit reviews concurrently and in
coordination with the Environmental Protection Agency and
other Federal agencies; and
(B) comply, to the maximum extent practicable, with the
applicable schedule established under subsection (b)(1)(B).
(d) Interdisciplinary Approach.--
(1) In general.--The Administrator and a State or governing
body of an Indian tribe shall incorporate an
interdisciplinary approach, to the maximum extent
practicable, in the development, review, and approval of
domestic fuels facility permits subject to this section.
(2) Options.--Among other options, the interdisciplinary
approach may include use of--
(A) environmental management practices; and
(B) third party contractors.
(e) Deadlines.--
(1) New domestic fuels facilities.--In the case of a
consolidated permit for the construction of a new domestic
fuels facility,

[[Page S2831]]

the Administrator and the State or governing body of an
Indian tribe shall approve or disapprove the consolidated
permit not later than--
(A) 360 days after the date of the receipt of the
administratively complete application for the consolidated
permit; or
(B) on agreement of the applicant, the Administrator, and
the State or governing body of the Indian tribe, 90 days
after the expiration of the deadline established under
subparagraph (A).
(2) Expansion of existing domestic fuels facilities.--In
the case of a consolidated permit for the expansion of an
existing domestic fuels facility, the Administrator and the
State or governing body of an Indian tribe shall approve or
disapprove the consolidated permit not later than--
(A) 120 days after the date of the receipt of the
administratively complete application for the consolidated
permit; or
(B) on agreement of the applicant, the Administrator, and
the State or governing body of the Indian tribe, 30 days
after the expiration of the deadline established under
subparagraph (A).
(f) Federal Agencies.--Each Federal agency that is required
to make any determination to authorize the issuance of a
permit shall comply with the applicable schedule established
under subsection (b)(1)(B).
(g) Judicial Review.--Any civil action for review of any
determination of any Federal, State, or Indian tribal
government agency in a permitting process conducted under a
domestic fuels facility permitting agreement brought by any
individual or entity shall be brought exclusively in the
United States district court for the district in which the
domestic fuels facility is located or proposed to be located.
(h) Efficient Permit Review.--In order to reduce the
duplication of procedures, the Administrator shall use State
permitting and monitoring procedures to satisfy substantially
equivalent Federal requirements under this section.
(i) Severability.--If 1 or more permits that are required
for the construction or operation of a domestic fuels
facility are not approved on or before any deadline
established under subsection (e), the Administrator may issue
a consolidated permit that combines all other permits that
the domestic fuels producer is required to obtain other than
any permits that are not approved.
(j) Savings.--Nothing in this section affects the operation
or implementation of otherwise applicable law regarding
permits necessary for the construction and operation of a
domestic fuels facility.
(k) Consultation With Local Governments.--Congress
encourages the Administrator, States, and tribal governments
to consult, to the maximum extent practicable, with local
governments in carrying out this section.
(l) Effect on Local Authority.--Nothing in this section
affects--
(1) the authority of a local government with respect to the
issuance of permits; or
(2) any requirement or ordinance of a local government
(such as zoning regulations).

Subtitle B--Environmental Analysis of Fischer-Tropsch Fuels

SEC. __21. EVALUATION OF FISCHER-TROPSCH DIESEL AND JET FUEL
AS AN EMISSION CONTROL STRATEGY.

(a) In General.--In cooperation with the Secretary of
Energy, the Secretary of Defense, the Administrator of the
Federal Aviation Administration, Secretary of Health and
Human Services, and Fischer-Tropsch industry representatives,
the Administrator shall--
(1) conduct a research and demonstration program to
evaluate the air quality benefits of ultra-clean Fischer-
Tropsch transportation fuel, including diesel and jet fuel;
(2) evaluate the use of ultra-clean Fischer-Tropsch
transportation fuel as a mechanism for reducing engine
exhaust emissions; and
(3) submit recommendations to Congress on the most
effective use and associated benefits of these ultra-clean
fuels for reducing public exposure to exhaust emissions.
(b) Guidance and Technical Support.--The Administrator
shall, to the extent necessary, issue any guidance or
technical support documents that would facilitate the
effective use and associated benefit of Fischer-Tropsch fuel
and blends.
(c) Requirements.--The program described in subsection (a)
shall consider--
(1) the use of neat (100 percent) Fischer-Tropsch fuel and
blends with conventional crude oil-derived fuel for heavy-
duty and light-duty diesel engines and the aviation sector;
and
(2) the production costs associated with domestic
production of those ultra clean fuel and prices for
consumers.
(d) Reports.--The Administrator shall submit to the
Committee on Environment and Public Works of the Senate and
the Committee on Energy and Commerce of the House of
Representatives--
(1) not later than October 1, 2007, an interim report on
actions taken to carry out this section; and
(2) not later than December 1, 2008, a final report on
actions taken to carry out this section.

Subtitle C--Domestic Coal-to-Liquid Fuel

SEC. __31. COAL-TO-LIQUID FUEL LOAN GUARANTEE PROGRAM.

(a) Eligible Projects.--Section 1703(b) of the Energy
Policy Act of 2005 (42 U.S.C. 16513(b)) is amended by adding
at the end the following:
``(11) Large-scale coal-to-liquid facilities that use a
feedstock, the majority of which is the coal resources of the
United States, to produce not less than 10,000 barrels a day
of liquid transportation fuel.''.
(b) Authorization of Appropriations.--Section 1704 of the
Energy Policy Act of 2005 (42 U.S.C. 16514) is amended by
adding at the end the following:
``(c) Coal-to-Liquid Projects.--
``(1) In general.--There are authorized to be appropriated
such sums as are necessary to provide the cost of guarantees
for projects involving large-scale coal-to-liquid facilities
under section 1703(b)(11).
``(2) Alternative funding.--If no appropriations are made
available under paragraph (1), an eligible applicant may
elect to provide payment to the Secretary, to be delivered if
and at the time the application is approved, in the amount of
the estimated cost of the loan guarantee to the Federal
Government, as determined by the Secretary.
``(3) Limitations.--
``(A) In general.--No loan guarantees shall be provided
under this title for projects described in paragraph (1)
after (as determined by the Secretary)--
``(i) the tenth such loan guarantee is issued under this
title; or
``(ii) production capacity covered by such loan guarantees
reaches 100,000 barrels per day of coal-to-liquid fuel.
``(B) Individual projects.--
``(i) In general.--A loan guarantee may be provided under
this title for any large-scale coal-to-liquid facility
described in paragraph (1) that produces not more than 20,000
barrels of coal-to-liquid fuel per day.
``(ii) Non-federal funding requirement.--To be eligible for
a loan guarantee under this title, a large-scale coal-to-
liquid facility described in paragraph (1) that produces more
than 20,000 barrels per day of coal-to-liquid fuel shall be
eligible to receive a loan guarantee for the proportion of
the cost of the facility that represents 20,000 barrels of
coal-to-liquid fuel per day of production.
``(4) Requirements.--
``(A) Guidelines.--Not later than 180 days after the date
of enactment of this subsection, the Secretary shall publish
guidelines for the coal-to-liquids loan guarantee application
process.
``(B) Applications.--Not later than 1 year after the date
of enactment of this subsection, the Secretary shall begin to
accept applications for coal-to-liquid loan guarantees under
this subsection.
``(C) Deadline.--Not later than 1 year after the date of
acceptance of an application under subparagraph (B), the
Secretary shall evaluate the application and make final
determinations under this subsection.
``(5) Reports to congress.--The Secretary shall submit to
the Committee on Energy and Natural Resources of the Senate
and the Committee on Energy and Commerce of the House of
Representatives a report describing the status of the program
under this subsection not later than each of--
``(A) 180 days after the date of enactment of this
subsection;
``(B) 1 year after the date of enactment of this
subsection; and
``(C) the dates on which the Secretary approves the first
and fifth applications for coal-to-liquid loan guarantees
under this subsection.''.

SEC. __32. COAL-TO-LIQUID FACILITIES LOAN PROGRAM.

(a) Definition of Eligible Recipient.--In this section, the
term ``eligible recipient'' means an individual,
organization, or other entity that owns, operates, or plans
to construct a coal-to-liquid facility that will produce at
least 10,000 barrels per day of coal-to-liquid fuel.
(b) Establishment.--The Secretary shall establish a program
under which the Secretary shall provide loans, in a total
amount not to exceed $20,000,000, for use by eligible
recipients to pay the Federal share of the cost of obtaining
any services necessary for the planning, permitting, and
construction of a coal-to-liquid facility.
(c) Application.--To be eligible to receive a loan under
subsection (b), the eligible recipient shall submit to the
Secretary an application at such time, in such manner, and
containing such information as the Secretary may require.
(d) Non-Federal Matching Requirement.--To be eligible to
receive a loan under this section, an eligible recipient
shall use non-Federal funds to provide a dollar-for-dollar
match of the amount of the loan.
(e) Repayment of Loan.--
(1) In general.--To be eligible to receive a loan under
this section, an eligible recipient shall agree to repay the
original amount of the loan to the Secretary not later than 5
years after the date of the receipt of the loan.
(2) Source of funds.--Repayment of a loan under paragraph
(1) may be made from any financing or assistance received for
the construction of a coal-to-liquid facility described in
subsection (a), including a loan guarantee provided under
section 1703(b)(11) of the Energy Policy Act of 2005 (42
U.S.C. 16513(b)(11)).
(f) Requirements.--
(1) Guidelines.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall publish guidelines
for the coal-to-liquids loan application process.
(2) Applications.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall begin to accept
applications for coal-to-liquid loans under this section.

[[Page S2832]]

(g) Reports to Congress.--Not later than each of 180 days
and 1 year after the date of enactment of this Act, the
Secretary shall submit to the Committee on Energy and Natural
Resources and the Committee on Environment and Public Works
of the Senate and the Committee on Energy and Commerce of the
House of Representatives a report describing the status of
the program under this section.
(h) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $200,000,000, to
remain available until expended.

SEC. __33. COAL-TO-LIQUID LONG-TERM FUEL PROCUREMENT AND
DEPARTMENT OF DEFENSE DEVELOPMENT.

(a) Study.--
(1) In general.--The Secretary of Defense, in consultation
with the Secretary, the Administrator, and private sector
stakeholders, shall conduct a comprehensive feasibility
study, including the national security benefits, of
developing a domestic coal-to-liquids industry.
(2) Factors for consideration.--In conducting the study
under paragraph (1), the Secretary of Defense shall take into
consideration--
(A) the existing authority of the Secretary of Defense to
procure coal-to-liquid fuels; and
(B) the estimated future authority of the Secretary of
Defense to enter into long-term contracts with private
entities or other entities to purchase coal-to-liquid fuel or
to develop or operate coal-to-liquids facilities on or near
military installations, based on--
(i) the availability of land and testing opportunities, and
proximity to raw materials;
(ii) a contract term of not more than 25 years;
(iii) the authority to purchase coal-to-liquid fuels at
fixed prices above, at, or below comparable market prices of
fuel during the term of the contract; and
(iv)(I) the corresponding budgetary impact of the long-term
contracts; and
(II) alternative methods for accounting for the contracts.
(b) Report.--Not later than 90 days after the date of
enactment of this Act, the Secretary of Defense, in
consultation with the Secretary, the Administrator, and
private sector stakeholders, shall submit to Congress a
report describing the results of the study conducted under
subsection (a).

SEC. __34. ECONOMIC DEVELOPMENT ASSISTANCE TO SUPPORT
PROJECTS TO SUPPORT COAL-TO-LIQUIDS FACILITIES
ON BRAC PROPERTY AND INDIAN LAND.

(a) Priority.--Notwithstanding section 206 of the Public
Works and Economic Development Act of 1965 (42 U.S.C. 3146),
in awarding funds made available to carry out section
209(c)(1) of that Act (42 U.S.C. 3149(c)(1)) pursuant to
section 702 of that Act (42 U.S.C. 3232), the Secretary and
the Economic Development Administration shall give priority
to projects to support coal-to-liquid facilities.
(b) Federal Share.--Except as provided in subsection
(c)(3)(B) and notwithstanding the Public Works and Economic
Development Act of 1965 (42 U.S.C. 3121 et seq.), the Federal
share of a project to support a coal-to-liquid facility shall
be--
(1) 80 percent of the project cost; or
(2) for a project carried out on Indian land, 100 percent
of the project cost.
(c) Additional Award.--
(1) In general.--The Secretary shall make an additional
award in connection with a grant made to a recipient
(including any Indian tribe for use on Indian land) for a
project to support a coal-to-liquid facility.
(2) Amount.--The amount of an additional award shall be 10
percent of the amount of the grant for the project.
(3) Use.--An additional award under this subsection shall
be used--
(A) to carry out any eligible purpose under the Public
Works and Economic Development Act of 1965 (42 U.S.C. 3121 et
seq.);
(B) notwithstanding section 204 of that Act (42 U.S.C.
3144), to pay up to 100 percent of the cost of an eligible
project or activity under that Act; or
(C) to meet the non-Federal share requirements of that Act
or any other Act.
(4) Non-federal source.--For the purpose of paragraph
(3)(C), an additional award shall be treated as funds from a
non-Federal source.
(5) Funding.--The Secretary shall use to carry out this
subsection any amounts made available--
(A) for economic development assistance programs; or
(B) under section 702 of the Public Works and Economic
Development Act of 1965 (42 U.S.C. 3232).

Subtitle D--Alternative Hydrocarbon and Renewable Reserves Disclosures
Classification System

SEC. __41. ALTERNATIVE HYDROCARBON AND RENEWABLE RESERVES
DISCLOSURES CLASSIFICATION SYSTEM.

(a) In General.--The Securities and Exchange Commission
shall appoint a task force composed of government and private
sector representatives to analyze, and submit to Congress a
report (including recommendations) on, modernization of the
hydrocarbon reserves disclosures classification system of the
Commission to reflect advances in reserves recovery from
nontraditional sources (such as deep water, oil shale, tar
sands, and renewable reserves for cellulosic biofuels
feedstocks).
(b) Deadline for Report.--The Commission shall submit the
report required under subsection (a) not later than 180 days
after the date of enactment of this Act.

Subtitle E--Authorization of Appropriations

SEC. __51. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated such sums as are
necessary to carry out this title and the amendments made by
this title.

______

SA 382. Mr. SESSIONS (for himself, Ms. Landrieu, Mr. Grassley, and
Mr. Vitter) submitted an amendment intended to be proposed to amendment
SA 275 proposed by Mr. Reid (for himself, Mr. Lieberman, and Ms.
Collins) to the bill S. 4, to make the United States more secure by
implementing unfinished recommendations of the 9/11 Commission to fight
the war on terror more effectively, to improve homeland security, and
for other purposes; which was ordered to lie on the table; as follows:

On page 389, after line 13, add the following:

SEC. 15__. EMERGENCY AND MAJOR DISASTER FRAUD PENALTIES.

(a) Fraud in Connection With Major Disaster or Emergency
Benefits.--
(1) In general.--Chapter 47 of title 18, United States
Code, is amended by adding at the end the following:

``Sec. 1040. Fraud in connection with major disaster or
emergency benefits

``(a) Whoever, in a circumstance described in subsection
(b) of this section, knowingly--
``(1) falsifies, conceals, or covers up by any trick,
scheme, or device any material fact; or
``(2) makes any materially false, fictitious, or fraudulent
statement or representation, or makes or uses any false
writing or document knowing the same to contain any
materially false, fictitious, or fraudulent statement or
representation,
in any matter involving any benefit authorized, transported,
transmitted, transferred, disbursed, or paid in connection
with a major disaster declaration under section 401 of the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5170) or an emergency declaration under
section 501 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5191), or in connection
with any procurement of property or services related to any
emergency or major disaster declaration as a prime contractor
with the United States or as a subcontractor or supplier on a
contract in which there is a prime contract with the United
States, shall be fined under this title, imprisoned not more
than 30 years, or both.
``(b) A circumstance described in this subsection is any
instance where--
``(1) the authorization, transportation, transmission,
transfer, disbursement, or payment of the benefit is in or
affects interstate or foreign commerce;
``(2) the benefit is transported in the mail at any point
in the authorization, transportation, transmission, transfer,
disbursement, or payment of that benefit; or
``(3) the benefit is a record, voucher, payment, money, or
thing of value of the United States, or of any department or
agency thereof.
``(c) In this section, the term `benefit' means any record,
voucher, payment, money or thing of value, good, service,
right, or privilege provided by the United States, a State or
local government, or other entity.''.
(2) Clerical amendment.--The table of sections for chapter
47 of title 18, United States Code, is amended by adding at
the end the following new item:

``1040. Fraud in connection with major disaster or emergency
benefits.''.

(b) Increased Criminal Penalties for Engaging in Wire,
Radio, and Television Fraud During and Relation to a
Presidentially Declared Major Disaster or Emergency.--Section
1343 of title 18, United States Code, is amended by
inserting: ``occurs in relation to, or involving any benefit
authorized, transported, transmitted, transferred, disbursed,
or paid in connection with, a presidentially declared major
disaster or emergency (as those terms are defined in section
102 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5122)), or'' after ``If the
violation''.
(c) Increased Criminal Penalties for Engaging in Mail Fraud
During and Relation to a Presidentially Declared Major
Disaster or Emergency.--Section 1341 of title 18, United
States Code, is amended by inserting: ``occurs in relation
to, or involving any benefit authorized, transported,
transmitted, transferred, disbursed, or paid in connection
with, a presidentially declared major disaster or emergency
(as those terms are defined in section 102 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5122)), or'' after ``If the violation''.
(d) Directive to Sentencing Commission.--
(1) In general.--Pursuant to its authority under section
994(p) of title 28, United States Code, and in accordance
with this subsection, the United States Sentencing Commission
forthwith shall--
(A) promulgate sentencing guidelines or amend existing
sentencing guidelines to provide for increased penalties for
persons convicted of fraud or theft offenses in connection
with a major disaster declaration under section 401 of the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42

[[Page S2833]]

U.S.C. 5170) or an emergency declaration under section 501 of
the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5191); and
(B) submit to the Committee on the Judiciary of the Senate
and the Committee on the Judiciary of the House of
Representatives an explanation of actions taken by the
Commission pursuant to subparagraph (A) and any additional
policy recommendations the Commission may have for combating
offenses described in that subparagraph.
(2) Requirements.--In carrying out this subsection, the
Sentencing Commission shall--
(A) ensure that the sentencing guidelines and policy
statements reflect the serious nature of the offenses
described in paragraph (1) and the need for aggressive and
appropriate law enforcement action to prevent such offenses;
(B) assure reasonable consistency with other relevant
directives and with other guidelines;
(C) account for any aggravating or mitigating circumstances
that might justify exceptions, including circumstances for
which the sentencing guidelines currently provide sentencing
enhancements;
(D) make any necessary conforming changes to the sentencing
guidelines; and
(E) assure that the guidelines adequately meet the purposes
of sentencing as set forth in section 3553(a)(2) of title 18,
United States Code.
(3) Emergency authority and deadline for commission
action.--The Commission shall promulgate the guidelines or
amendments provided for under this subsection as soon as
practicable, and in any event not later than the 30 days
after the date of enactment of this Act, in accordance with
the procedures set forth in section 21(a) of the Sentencing
Reform Act of 1987, as though the authority under that Act
had not expired.

______

SA 383. Mr. BIDEN proposed an amendment to amendment SA 275 proposed
by Mr. Reid (for himself, Mr. Lieberman, and Ms. Collins) to the bill
S. 4, to make the United States more secure by implementing unfinished
recommendationsof the 9/11 Commission to fight the war on terror more
effectively, to improve homeland security, and for other purposes; as
follows:

On page 361, after line 20, add the following:

Subtitle D--Transport of High Hazard Materials

SEC. 1391. REGULATIONS FOR TRANSPORT OF HIGH HAZARD
MATERIALS.

(a) Definition of High Threat Corridor.--In this section,
the term ``high threat corridor'' means a geographic area
that has been designated by the Secretary as particularly
vulnerable to damage from the release of high hazard
materials, including--
(1) areas important to national security;
(2) areas that terrorists may be particularly likely to
attack; or
(3) any other area designated by the Secretary.
(b) Purposes of Regulations.--The regulations issued under
this section shall establish a national, risk-based policy
for high hazard materials being transported or stored. To the
extent the Secretary determines appropriate, the regulations
issued under this section shall be consistent with other
Federal, State, and local regulations and international
agreements relating to shipping or storing high hazard
materials.
(c) Issuance of Regulations.--Not later than 90 days after
the date of enactment of this Act, the Secretary shall issue
interim regulations and, after notice and opportunity for
public comment final resolutions, concerning the shipment and
storage of high hazard materials.
(d) Requirements.--The regulations issued under this
section shall--
(1) except as provided in subsection (e), provide that any
rail shipment containing high hazard materials be rerouted
around any high threat corridor;
(2) establish standards for the Secretary to grant
exceptions to the rerouting requirement under paragraph (1).
(e) Transportation and Storage of High Hazard Materials
Through High Threat Corridor.--
(1) In general.--The standards for the Secretary to grant
exceptions under subsection (d)(4) shall require a finding by
the Secretary that--
(A) the shipment originates or the point of destination is
in the high threat corridor;
(B) there is no practicable alternative route;
(C) there is an unanticipated, temporary emergency that
threatens the lives of persons or property in the high threat
corridor;
(D) there would be no harm to persons or property beyond
the owners or operator of the railroad in the event of a
successful terrorist attack on the shipment; or
(E) rerouting would increase the likelihood of a terrorist
attack on the shipment.
(2) Practical alternate routes.--Ownership of the tracks or
facilities shall not be considered by the Secretary in
determining whether there is a practical alternate route
under paragraph (1).
(3) Grant of exception.--If the Secretary grants an
exception under subsection (d)(4)--
(A)
(B) the Secretary shall notify Federal, State, and local
law enforcement and first responder agencies (including, if
applicable, transit, railroad, or port authority agencies)
within the high threat corridor.

______

SA 384. Mr. BIDEN proposed an amendment to amendment SA 275 proposed
by Mr. Reid (for himself, Mr. Lieberman, and Ms. Collins) to the bill
S. 4, to make the United States more secure by implementing unfinished
recommendations of the 9/11 Commission to fight the war on terror more
effectively, to improve homeland security, and for other purposes; as
follows:

At the end, add the following:

SEC. 1505. HOMELAND SECURITY TRUST FUND.

(a) Definitions.--In this section:
(1) Trust fund.--The term ``Trust Fund'' means the Homeland
Security and Neighborhood Safety Trust Fund established under
subsection (b).
(2) Commission.--The term ``Commission'' means the National
Commission on Terrorist Attacks upon the United States,
established under title VI of the Intelligence Authorization
Act for Fiscal Year 2003 (Public Law 107-306; 6 U.S.C. 101
note).
(b) Homeland Security and Neighborhood Safety Trust Fund.--
(1) Establishment of trust fund.--There is established in
the Treasury of the United States a trust fund to be known as
the ``Homeland Security and Neighborhood Safety Trust Fund'',
consisting of such amounts as may be appropriated or credited
to the Trust Fund.
(2) Rules regarding transfers to and management of trust
fund.--For purposes of this section, rules similar to the
rules of sections 9601 and 9602 of the Internal Revenue Code
of 1986 shall apply.
(3) Distribution of amounts in trust fund.--Amounts in the
Trust Fund shall be available, as provided by appropriation
Acts, for making expenditures for fiscal years 2008 through
2012 to meet those obligations of the United States incurred
which are authorized under subsection (d) for such fiscal
years.
(4) Sense of the senate.--It is the sense of the Senate
that the Committee on Finance of the Senate should report to
the Senate not later than 30 days after the date of the
enactment of this Act legislation which--
(A) increases revenues to the Treasury in the amount of
$53,300,000,000 during taxable years 2008 through 2012 by
reducing scheduled and existing income tax reductions enacted
since taxable year 2001 with respect to the taxable incomes
of taxpayers in excess of $1,000,000, and
(B) appropriates an amount equal to such revenues to the
Homeland Security and Neighborhood Safety Trust Fund.
(c) Preventing Terror Attacks on the Homeland.--
(1) Authorization of appropriations for supporting law
enforcement.--There are authorized to be appropriated from
the Trust Fund--
(A) $1,150,000,000 for each of the fiscal years 2008
through 2012 for the Office of Community Oriented Policing
Services for grants to State, local, and tribal law
enforcement to hire officers, purchase technology, conduct
training, and to develop local counterterrorism units;
(B) $900,000,000 for each of the fiscal years 2008 through
2012 for the Justice Assistance Grant; and
(C) $500,000,000 for each of the fiscal years 2008 through
2012 for the Law Enforcement Terrorism Prevention Grant
Program.
(2) Authorization of appropriations for responding to
terrorist attacks and natural disasters.--There are
authorized to be appropriated from the Trust Fund--
(A) $500,000,000 for each of fiscal years 2008 through 2012
for the Federal Emergency Management Agency for Fire Act
Grants; and
(B) $500,000,000 for each of fiscal years 2008 through 2012
for the Federal Emergency Management Agency for SAFER Grants.
(d) Authorization of Appropriations for Additional
Activities for Homeland Security.--There are authorized to be
appropriated from the Trust Fund such sums as necessary for--
(1) the implementation of all the recommendations of the
Commission, including the provisions of this section;
(2) fully funding the grant programs authorized under this
bill, including the State Homeland Security Grant Program,
the Urban Area Security Initiative, the Emergency Management
Performance Grant Program, the Emergency Communications and
Interoperability Grant Programs, rail and transit security
grants and any other grant program administered by the
Department;
(3) improving airline passenger screening and cargo
scanning;
(4) improving information sharing and communications
interoperability;
(5) supporting State and local government law enforcement
and first responders, including enhancing communications
interoperability and information sharing;
(6) enhancing the inspection and promoting 100 percent
scanning of cargo containers destined for ports in the United
States and to ensure screening of domestic air cargo;
(7) protecting critical infrastructure and other high
threat targets such as passenger rail, freight rail, and
transit systems, chemical and nuclear plants;
(8) enhancing the preparedness of the public health sector
to prevent and respond to acts of biological and nuclear
terrorism;

[[Page S2834]]

(9) the development of scanning technologies to detect
dangerous substances at United States ports of entry; and
(10) other high risk targets of interest, including
nonprofit organizations and in the private sector.
______

SA 385. Mr. BOND (for himself and Mr. Rockefeller) submitted an
amendment intended to be proposed by him to the bill S. 4, to make the
United States more secure by implementing unfinished recommendations of
the 9/11 Commission to fight the war on terror more effectively, to
improve homeland security, and for other purposes; which was ordered to
lie on the table; as follows:

At the appropriate place, insert the following:

TITLE _--INTELLIGENCE AUTHORIZATION ACT

SEC. __. SHORT TITLE.

This title may be may be cited as the ``Intelligence
Authorization Act for Fiscal Year 2007''.

Subtitle A--Intelligence Activities

SEC. ___. 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. ___. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.

(a) Specifications of Amounts and Personnel Ceilings.--The
amounts authorized to be appropriated under section ___, 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 S.
372 of the One Hundred Tenth Congress and in the Classified
Annex to such report as incorporated in this Act under
section ___.
(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. ___. 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. 372 of the One
Hundred Tenth Congress and transmitted to the President is
hereby incorporated into this Act.
(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 Act.
(c) Limitation on Use of Funds.--Funds appropriated
pursuant to an authorization contained in this Act 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 distribution of the Classified Annex,
or of appropriate portions of the annex, within the executive
branch of the Government.

SEC. ___. 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 ___ 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. ___. 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 ___(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 ___(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. ___. 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 Tenth Congress, or
in the classified annex to this Act, is hereby incorporated
into this Act, 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. ___. 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.

SEC. ___. 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

[[Page S2835]]

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.''.

Subtitle B--Central Intelligence Agency Retirement and Disability
System

SEC. ___. 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.

Subtitle C--Intelligence and General Intelligence Community Matters

SEC. ___. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS
AUTHORIZED BY LAW.

Appropriations authorized by sections ___ through ___ of
this Act 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.

SEC. ___. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.

The authorization of appropriations by sections ___ through
___ of this Act 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. ___. 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. ___. 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, provide written notification to all the
members of such committees of the determination not to
provide such information in full or to all members of such
committees. Such notice shall be submitted in a classified
form and include a statement of the reasons for such
determination and a description that provides the main
features of the intelligence activities covered by such
determination.
``(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, provide written notification to all the members of
such committees of the determination not to provide such
information in full or to all members of such committees.
Such notice shall be submitted in a classified form and
include a statement of the reasons for such determination and
a description that provides the main features of the covert
action covered by such determination.''.''.
(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. ___. 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. ___. 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. ___. 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

[[Page S2836]]

(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. ___. 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. ___. 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:
``(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. ___. 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. ___. 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. ___. DIRECTOR OF NATIONAL INTELLIGENCE REPORT ON
COMPLIANCE WITH THE DETAINEE TREATMENT ACT OF
2005.

(a) Report Required.--Not later than May 1, 2007, 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. ___. REPORT ON ANY 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.).

[[Page S2837]]

(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 report on any clandestine prison or
detention facility currently or formerly operated by the
United States Government for individuals captured in the
global war on terrorism.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) The date each prison or facility became operational
and, if applicable, the date on which each prison or facility
ceased its operations.
(B) The total number of prisoners or detainees held at each
prison or facility during its operation.
(C) The current number of prisoners or detainees held at
each operational prison or facility.
(D) The total and average annual costs of each prison or
facility during its operation.
(E) A description of the interrogation procedures used or
formerly used on detainees at each prison or facility,
including whether a determination has been made that such
procedures are or were in compliance with the United States
obligations under the Geneva Conventions and the Convention
Against Torture.

Subtitle D--Matters Relating to Elements of the Intelligence Community

PART I--OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE

SEC. ___. 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 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. ___. 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. ___. 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. ___. 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. ___. 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. ___. 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

[[Page S2838]]

community that may be resolved by the use of technology;
(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. ___. 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. ___. 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

[[Page S2839]]

``(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
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

[[Page S2840]]

approving prosecution of possible criminal conduct of any
current or former official described in subparagraph (B); or
``(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 operation 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. ___. 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.--Not later than 18
months after the date of the enactment of the National
Security Intelligence Reform Act of 2004, the'' 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. ___. 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.''.

[[Page S2841]]

(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 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. ___. 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. ___. 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. ___. 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. ___. 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. ___. 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. ___. 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.

[[Page S2842]]

PART II--CENTRAL INTELLIGENCE AGENCY

SEC. ___. 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--
(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. ___. 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 421(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. ___. 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 421(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. ___. 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

[[Page S2843]]

(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 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. ___. 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.

PART III--DEFENSE INTELLIGENCE COMPONENTS

SEC. ___. 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. ___. 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. 21. (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. ___. 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.

[[Page S2844]]

``(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. ___. 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.
``(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. ___. 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. ___. 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.

PART IV--OTHER ELEMENTS

SEC. ___. 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. ___. 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. ___. 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. ___. 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)),''.

Subtitle E--Other Matters

SEC. ___. 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''.

[[Page S2845]]

SEC. ___. 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''.

SEC. ___. 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. ___. 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. ___. 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. ___. 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. ___. 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. ___. 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''.
______

SA 386. Mr. GRASSLEY submitted an amendment intended to be proposed
to amendment SA 275 proposed by Mr. Reid (for himself, Mr. Lieberman,
and Ms. Collins) to the bill S. 4, to make the United States more
secure by implementing unfinished recommendations of the 9/11
Commission to fight the war on terror more effectively, to improve
homeland security, and for other purposes; which was ordered to lie on
the table; as follows:

At the appropriate place, insert the following:

SEC. ___. LIMITATION ON EXEMPTION FROM INVESTMENT ADVISER
REGISTRATION REQUIREMENTS.

Section 203(b)(3) of the Investment Advisers Act of 1940
(15 U.S.C. 80b-3(b)(3)) is amended to read as follows:
``(3) any investment adviser who, during the course of the
preceding 12-month period--
``(A) had assets under management of not more than
$50,000,000;
``(B) had fewer than 15 clients, except that for purposes
of determining such number, no shareholder, partner, or
beneficial owner of a business development company, shall be
deemed to be a client of the investment adviser, unless such
person is a client of the investment adviser separate and
apart from their status as a shareholder, partner, or
beneficial owner;

[[Page S2846]]

``(C) did not manage the assets of more than 15 investors,
whether individually, in a pooled investment vehicle
described in paragraph (1) or (7) of section 3(c) of the
Investment Company Act of 1940 (15 U.S.C. 80a-3(c)), or
otherwise; and
``(D) was neither held out generally to the public as an
investment adviser nor acted as an investment adviser to any
investment company registered under title I, or a company
which has elected to be a business development company
pursuant to section 54 of title I, and has not withdrawn its
election;''.
______

SA 387. Mr. PRYOR submitted an amendment intended to be proposed to
amendment SA 275 proposed by Mr. Reid (for himself, Mr. Lieberman, and
Ms. Collins) to the bill S. 4, to make the United States more secure by
implementing unfinished recommendations of the 9/11 Commission to fight
the war on terror more effectively, to improve homeland security, and
for other purposes; which was ordered to lie on the table; as follows:

At the end of title XV, add the following:

SEC. ____. EQUIPMENT TECHNICAL ASSISTANCE TRAINING.

Not later than September 30 of each fiscal year, the
Secretary shall submit a report with a certification of
whether the Department has conducted training during that
fiscal year for not less than 7,500 individuals who are first
responders in accordance with section 430(c)(1) of the
Homeland Security Act of 2002 (6 U.S.C. 238(c)(1)) through
the Domestic Preparedness Equipment Technical Assistance
Program to--
(1) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(2) the Committee on Appropriations of the Senate;
(3) the Committee on Homeland Security of the House of
Representatives; and
(4) the Committee on Appropriations of the House of
Representatives.
______

SA 388. Mr. PRYOR submitted an amendment intended to be proposed to
amendment SA 275 proposed by Mr. Reid (for himself, Mr. Lieberman, and
Ms. Collins) to the bill S. 4, to make the United States more secure by
implementing unfinished recommendations of the 9/11 Commission to fight
the war on terror more effectively, to improve homeland security, and
for other purposes; which was ordered to lie on the table; as follows:

At the approriate place, insert the following:

SEC. ____.

In accordance with 6 USC Section 238(c)(1) and Section
1000(a)(1) of P.L. 106-113, the Secretary shall certify no
later than September 30 annually to the Senate Homeland
Security and Governmental Affairs Committee, the House
Homeland Security Committee, Senate Appropriations
Subcommittee on Homeland Security, and the House
Appropriations Subcommittee on Homeland Security that it has
conducted no less than 7,500 trainings annually through the
Domestic Preparedness Equipment Technical Assistance Program.
______

SA 389. Mr. BOND (for himself, Mr. Rockefeller, Mr. Warner, and Mr.
Burr) proposed an amendment to amendment SA 275 proposed by Mr. Reid
(for himself, Mr. Lieberman, and Ms. Collins) to the bill S. 4, to make
the United States more secure by implementing unfinished
recommendations of the 9/11 Commission to fight the war on terror more
effectively, to improve homeland security, and for other purposes; as
follows:

At the appropriate place, insert the following:

SEC. __. SENSE OF THE SENATE REGARDING A REPORT ON THE 9/11
COMMISSION RECOMMENDATIONS WITH RESPECT TO
INTELLIGENCE REFORM AND CONGRESSIONAL
INTELLIGENCE OVERSIGHT REFORM.

(a) Findings.--Congress makes the following findings:
(1) The National Commission on Terrorist Attacks Upon the
United States (referred to in this section as the ``9/11
Commission'') conducted a lengthy review of the facts and
circumstances relating to the terrorist attacks of September
11, 2001, including those relating to the intelligence
community, law enforcement agencies, and the role of
congressional oversight and resource allocation.
(2) In its final report, the 9/11 Commission found that--
(A) congressional oversight of the intelligence activities
of the United States is dysfunctional;
(B) under the rules of the Senate and the House of
Representatives in effect at the time the report was
completed, the committees of Congress charged with oversight
of the intelligence activities lacked the power, influence,
and sustained capability to meet the daunting challenges
faced by the intelligence community of the United States;
(C) as long as such oversight is governed by such rules of
the Senate and the House of Representatives, the people of
the United States will not get the security they want and
need;
(D) a strong, stable, and capable congressional committee
structure is needed to give the intelligence community of the
United States appropriate oversight, support, and leadership;
and
(E) the reforms recommended by the 9/11 Commission in its
final report will not succeed if congressional oversight of
the intelligence community in the United States is not
changed.
(3) The 9/11 Commission recommended structural changes to
Congress to improve the oversight of intelligence activities.
(4) Congress has enacted some of the recommendations made
by the 9/11 Commission and is considering implementing
additional recommendations of the 9/11 Commission.
(5) The Senate adopted Senate Resolution 445 in the 108th
Congress to address some of the oversight recommendations of
the 9/11 Commission by abolishing term limits for the members
of the Select Committee on Intelligence, clarifying
jurisdiction for intelligence-related nominations, and
streamlining procedures for the referral of intelligence-
related legislation, but other aspects of the 9/11 Commission
recommendations regarding oversight have not been
implemented.
(b) Sense of the Senate.--It is the sense of the Senate
that the Committee on Homeland Security and Governmental
Affairs and the Select Committee on Intelligence of the
Senate each, or jointly, should--
(1) undertake a review of the recommendations made in the
final report of the 9/11 Commission with respect to
intelligence reform and congressional intelligence oversight
reform;
(2) review and consider any other suggestions, options, or
recommendations for improving intelligence oversight; and
(3) not later than December 21, 2007, submit to the Senate
a report that includes the recommendations of the Committee,
if any, for carrying out such reforms.
______

SA 390. Mrs. FEINSTEIN submitted an amendment intended to be proposed
by her to the bill S. 4, to make the United States more secure by
implementing unfinished recommendations of the 9/11 Commission to fight
the war on terror more effectively, to improve homeland security, and
for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. RESTORATION OF IMPORT AND ENTRY AGRICULTURAL
INSPECTION FUNCTIONS TO THE DEPARTMENT OF
AGRICULTURE.

(a) Repeal of Transfer of Functions.--Section 421 of the
Homeland Security Act of 2002 (6 U.S.C. 231) is repealed.
(b) Conforming Amendment to Function of Secretary of
Homeland Security.--Section 402 of the Homeland Security Act
of 2002 (6 U.S.C. 202) is amended--
(1) by striking paragraph (7); and
(2) by redesignating paragraph (8) as paragraph (7).
(c) Transfer Agreement.--
(1) In general.--Not later than the effective date
described in subsection (e), the Secretary of Agriculture and
the Secretary of Homeland Security shall enter into an
agreement to effectuate the return of functions required by
the amendments made by this section.
(2) Use of certain employees.--The agreement may include
authority for the Secretary of Agriculture to use employees
of the Department of Homeland Security to carry out
authorities delegated to the Animal and Plant Health
Inspection Service regarding the protection of domestic
livestock and plants.
(d) Restoration of Department of Agriculture Employees.--
Not later than the effective date described in subsection
(e), all full-time equivalent positions of the Department of
Agriculture transferred to the Department of Homeland
Security under section 421(g) of the Homeland Security Act of
2002 (6 U.S.C. 231(g)) (as in effect on the day before the
effective date described in subsection (e)) shall be restored
to the Department of Agriculture.
(e) Effective Date.--The amendments made by this section
take effect on the date that is 180 days after the date of
enactment of this Act.
______

SA 391. Mr. LIEBERMAN (for himself and Ms. Collins) submitted an
amendment intended to be proposed to amendment SA 275 proposed by Mr.
Reid (for himself, Mr. Lieberman, and Ms. Collins) to the bill S. 4, to
make the United States more secure by implementing unfinished
recommendations of the 9/11 Commission to fight the war on terror more
effectively, to improve homeland security, and for other purposes;
which was ordered to lie on the table; as follows:

On page 37, line 5, strike ``within the scope'' and all
that follows through ``(6 U.S.C. 485)'' on line 8 and insert
``and intelligence''.
On page 37, lines 9 and 10, strike ``local emergency
response providers'' and insert ``local government agencies
(including emergency response providers)''.
On page 37, line 25, strike ``and''.
On page 38, line 3, strike the period and insert ``; and''.

[[Page S2847]]

On page 38, between lines 3 and 4, insert the following:
``(9) incorporate emergency response providers, and, as
appropriate, the private sector, into all relevant phases of
the intelligence and fusion process through full time
representatives or liaison officers.
On page 63, line 13, before the semicolon, insert the
following: ``the inclusion of which will enhance regional
efforts to prevent, prepare for, protect against, respond to,
and recover from acts of terrorism''.
On page 66, strike lines 3 through 8 and insert the
following:
``(2) State distribution of funds.--
``(A) In general.--Each State shall provide the eligible
metropolitan area not less than 80 percent of the grant
funds. Any funds retained by a State shall be expended on
items or services approved by the Administrator that benefit
the eligible metropolitan area.
``(B) Funds retained.--A State shall provide each relevant
eligible metropolitan area with an accounting of the items or
services on which any funds retained by the State under
subparagraph (A) were expended.
On page 82, line 4, strike ``or other'' and insert ``and
other''.
On page 83, line 15, before the semicolon, insert the
following: ``, including through review of budget requests
for those programs''.
On page 90, between lines 4 and 5, insert the following:
``(3) Existing planning committees.--Nothing in this
subsection may be construed to require that any State or
metropolitan area create a planning committee if that State
or metropolitan area has established and uses a
multijurisdictional planning committee or commission that
meets the requirements of this subsection.
______

SA 392. Mr. AKAKA submitted an amendment intended to be proposed to
amendment SA 275 proposed by Mr. Reid (for himself, Mr. Lieberman, and
Ms. Collins) to the bill S. 4, to make the United States more secure by
implementing unfinished recommendations of the 9/11 Commission to fight
the war on terror more effectively, to improve homeland security, and
for other purposes; which was ordered to lie on the table; as follows:

At the end of title XV, add the following:

SEC. ____. INTEGRATION OF DETECTION EQUIPMENT AND
TECHNOLOGIES.

(a) In General.--The Secretary shall have responsibility
for ensuring that chemical, biological, radiological, and
nuclear detection equipment and technologies are integrated
as appropriate with other border security systems and
detection technologies.
(b) Report.--Not later than 6 months after the date of
enactment of this Act, the Secretary shall submit a report to
Congress that contains a plan to develop a departmental
technology assessment process to determine and certify the
technology readiness levels of chemical, biological,
radiological, and nuclear detection technologies before the
full deployment of such technologies within the United
States.
______

SA 393. Ms. CANTWELL (for herself, Mr. Dodd, Mr. Feingold, Mr.
Brownback, Mr. Lugar, and Mr. Kerry) submitted an amendment intended to
be proposed by her to the bill S. 4, to make the United States more
secure by implementing unfinished recommendations of the 9/11
Commission to fight the war on terror more effectively, to improve
homeland security, and for other purposes; which was ordered to lie on
the table; as follows:

At the appropriate place, insert the following:

SEC. __. COMPREHENSIVE STRATEGY TO REDUCE GLOBAL POVERTY AND
ELIMINATE EXTREME GLOBAL POVERTY.

(a) Finding.--Congress finds that the 9/11 Commission found
that a ``comprehensive U.S. strategy to counter terrorism
should include economic policies that encourage development,
more open societies, and opportunities for people to improve
the lives of their families and to enhance prospects for
their children's future''.
(b) Declaration of Policy.--It is the policy of the United
States to promote the reduction of global poverty and the
elimination of extreme global poverty and to achieve the
Millennium Challenge Account goals of political and economic
reforms by developing nations in three areas: ruling justly,
investing in people, and fostering economic freedom.
(c) Comprehensive Strategy.--
(1) Strategy.--The President, acting through the Secretary
of State and, as appropriate, in consultation with the heads
of other departments and agencies of the Government of the
United States, including the Millennium Challenge
Corporation, international organizations, international
financial institutions, the governments of developing and
developed countries, United States and international
nongovernmental organizations, civil society organizations,
and other appropriate entities, should develop and implement
a comprehensive strategy to further the United States foreign
policy objective of promoting the reduction of global
poverty, the elimination of extreme global poverty, and the
achievement of the Millennium Challenge Account goals of
political and economic reforms by developing nations in three
areas: ruling justly, investing in people, and fostering
economic freedom.
(2) Content.--The strategy under paragraph (1) shall
include specific and measurable goals, efforts to be
undertaken, benchmarks, and timetables to achieve the
objectives described in such paragraph.
(3) Guidelines.--The strategy under paragraph (1) should
adhere to the following guidelines:
(A) Continued investment in existing United States
initiatives related to international poverty reduction, such
as the United States Leadership Against HIV/AIDS,
Tuberculosis, and Malaria Act of 2003 (22 U.S.C. 7601 et
seq.), the Millennium Challenge Act of 2003 (22 U.S.C. 7701
et seq.), the Heavily Indebted Poor Countries Initiative, and
trade preference programs for developing countries.
(B) Increasing overall United States development assistance
levels while at the same time improving the effectiveness of
such assistance in accordance with Millennium Challenge
Account principles.
(C) Enhancing and expanding debt relief in accordance with
Millennium Challenge Account principles.
(D) Leveraging United States trade policy where possible to
enhance economic development prospects for developing
countries.
(E) Coordinating efforts and working in cooperation with
developed and developing countries, international
organizations, and international financial institutions.
(F) Mobilizing and leveraging the participation of
businesses, United States and international nongovernmental
organizations, civil society, and public-private
partnerships.
(G) Coordinating the goal of poverty reduction with other
development goals, such as combating the spread of
preventable diseases such as HIV/AIDS, tuberculosis, and
malaria, increasing access to potable water and basic
sanitation, and reducing hunger and malnutrition.
(H) Integrating principles of sustainable development into
policies and programs.
(d) Reports.--
(1) Initial report.--Not later than one year after the date
of the enactment of this Act, the President, acting through
the Secretary of State, shall transmit to the appropriate
congressional committees a report that describes the strategy
under subsection (c).
(2) Subsequent reports.--Not less than once every year
after the submission of the initial report under paragraph
(1) until and including 2015, the President shall transmit to
the appropriate congressional committees a report on the
status of the implementation of the strategy, progress made
in achieving the global poverty reduction objectives
described in subsection (c)(1), and any changes to the
strategy since the date of the submission of the last report.
(e) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations, the Committee on
Finance, and the Committee on Appropriations of the Senate;
and
(B) the Committee on Foreign Affairs, the Committee on Ways
and Means, and the Committee on Appropriations of the House
of Representatives.
(2) Extreme global poverty.--The term ``extreme global
poverty'' refers to the conditions in which individuals live
on less than $1 per day, adjusted for purchasing power parity
in 1993 United States dollars, according to World Bank
statistics.
(3) Global poverty.--The term ``global poverty'' refers to
the conditions in which individuals live on less than $2 per
day, adjusted for purchasing power parity in 1993 United
States dollars, according to World Bank statistics.
______

SA 394. Mr. CARDIN submitted an amendment intended to be proposed to
amendment SA 275 proposed by Mr. Reid (for himself, Mr. Lieberman, and
Ms. Collins) to the bill S. 4, to make the United States more secure by
implementing unfinished recommendations of the 9/11 Commission to fight
the war on terror more effectively, to improve homeland security, and
for other purposes; which was ordered to lie on the table; as follows:

On page 299, between lines 2 and 3, insert the following:

SEC. 1337. APPLICABILITY OF DISTRICT OF COLUMBIA LAW TO
CERTAIN AMTRAK CONTRACTS.

Section 24301 of title 49, United States Code, is amended
by adding at the end the following:
``(o) Applicability of District of Columbia Law.--Any lease
or contract entered into between the National Railroad
Passenger Corporation and the State of Maryland, or any
department or agency of the State of Maryland, after the date
of the enactment of this subsection shall be governed by the
laws of the District of Columbia.''.
______

SA 395. Mr. COLEMAN submitted an amendment intended to be proposed by
him to the bill S. 4, to make the United States more secure by
implementing unfinished recommendations of the 9/11 Commission to fight
the war on terror more effectively, to improve homeland security, and
for other purposes; which was ordered to lie on the table; as follows:

[[Page S2848]]

At the appropriate place, insert the following:

SEC. __ INTERNATIONAL STUDENTS.

(a) Findings.--Congress makes the following findings:
(1) Openness to international students, scholars,
scientists, and exchange visitors serves vital and
longstanding national foreign policy, educational, and
economic interests.
(2) The real and perceived erosion of such openness
undermines the national security interests of the United
States.
(3) The report of the National Commission on Terrorist
Attacks Upon the United States recommended: ``The United
States should rebuild the scholarship, exchange, and library
programs that reach out to young people and offer them
knowledge and hope.''.
(4) The Government Accountability Office convened a forum
in September 2006 to discuss concerns whether the United
States will be able to ``attract an appropriate share of
talented international students to its universities and to
its workforce,'' in which participants ``identified real and
perceived barriers created by U.S. immigration policy.''.
(5) Increased marketing by countries such as Great Britain
and Australia give rise to concerns that the United States
has lost market share with regard to international students.
The European Union has set forth a comprehensive strategy to
be the most competitive and dynamic knowledge-based economy
in the world by 2010, and part of this strategy is aimed at
enhancing economic competitiveness by making the European
Union the most favorable destination for students, scholars,
and researchers from other regions of the world.
(6) International students studying in the United States
and their families contribute more than $13,000,000,000 to
the United States economy each year, making higher education
a major service sector export.
(b) Driver's Licenses for International Students and
Exchange Visitors.--Section 202(c)(2)(C) of the REAL ID Act
of 2005 is amended by adding at the end the following:
``(v) Provisions for nonimmigrants monitored under sevis.--
With respect to nonimmigrants subject to the monitoring
system required under section 641 of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.
1372)--

``(I) notwithstanding clause (ii), a temporary driver's
license or temporary identification card issued under this
subparagraph shall be valid for the shorter of--

``(aa) the period during which the applicant is authorized
to remain in the United States; or
``(bb) the standard issuance period for driver's licenses
issued by the State; and

``(II) valid status under the program developed under such
section shall constitute valid documentary evidence of status
for purposes of clause (iv).''.

(c) Language Training Programs.--
(1) Accreditation requirement.--Section 101(a)(15)(F)(i) (8
U.S.C. 1101(a)(15)(F)(i) is amended by striking ``a
language'' and inserting ``an accredited language''.
(2) Rulemaking.--Not later than 6 months after the date of
the enactment of this Act, the Secretary shall issue
regulations that--
(A) except as provided in subparagraphs (C) and (D),
require that an accredited language training program
described in section 101(a)(15)(F)(i) of the Immigration and
Nationality Act, as amended by paragraph (1), be accredited
by an accrediting agency recognized by the Secretary of
Education;
(B) require that if such an accredited language training
program provides intensive language training, the head of
such program provide the Secretary of Education with
documentation regarding the specific subject matter for which
the program is accredited;
(C) permit an alien admitted as a nonimmigrant under such
section 101(a)(15)(F)(i) to participate in a language
training program, during the 2-year period beginning on the
date of the enactment of this Act, if such program is not
accredited under subparagraph (A); and
(D) permit a language training program established after
the date of the enactment of this Act, which is not
accredited under subparagraph (A), to qualify as an
accredited language training program under such section
101(a)(15)(F)(i) during the 2-year period beginning on the
date on which such program is established.
(d) Countering Visa Fraud.--The Secretary of State shall--
(1) require United States consular offices, particularly
consular offices in countries from which large numbers of
international students and exchange visitors depart for study
in the United States, to submit to the Secretary plans for
countering visa fraud that respond to the particular fraud-
related problems in such countries; and
(2) not later than 180 days after the date of the enactment
of this Act, submit a report on the measures taken to counter
visa fraud under the plans submitted under paragraph (1) to--
(A) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(B) the Committee on Foreign Relations of the Senate;
(C) the Committee on Homeland Security of the House of
Representatives; and
(D) the Committee on Foreign Affairs of the House of
Representatives.
(e) Short-Term Study on Tourist Visa.--Section
101(a)(15)(B) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(B) is amended by inserting ``for a period
longer than 90 days'' after ``study''.
(f) Restoration of Limited Interview Waiver Authority for
Returning International Students and Frequent Visitors.--
Section 222(h) of the Immigration and Nationality Act (8
U.S.C. 1202(h) is amended--
(1) in paragraph (1)--
(A) in subparagraph (B)(iv), by striking ``or'' at the end;
(B) in subparagraph (C)(ii), by striking ``and'' at the end
and inserting ``or''; and
(C) by adding at the end the following:
``(D) by the Secretary of State if the Secretary has
provided for expedited visa review because the alien is--
``(i) a frequent visitor to the United States, who--

``(I) has a history of visa approvals;
``(II) has provided biometric data; and
``(III) has agreed to provide the consulate with such
information as the Secretary may require; or

``(ii) admitted under subparagraph (F) or (J) of section
101(a)(15), who--

``(I) is pursuing a program of study in the United States;
``(II) has not violated their immigration status;
``(III) has left the United States temporarily; and
``(IV) requires a new visa to return to the same program;
and''; and

(2) in paragraph (2)(A), by inserting at the end ``except
for an alien described in paragraph (1)(D)(ii)''.

____________________