[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3875 Placed on Calendar Senate (PCS)]
Calendar No. 598
109th CONGRESS
2d Session
S. 3875
To provide real national security, restore United States leadership,
and implement tough and smart policies to win the war on terror, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 7 (legislative day, September 6), 2006
Mr. Reid (for himself and Mr. Durbin) introduced the following bill;
which was read the first time
September 8, 2006
Read the second time and placed on the calendar
_______________________________________________________________________
A BILL
To provide real national security, restore United States leadership,
and implement tough and smart policies to win the war on terror, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Real Security Act of 2006''.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) Divisions.--This Act is organized into five divisions as
follows:
DIVISION A--IMPLEMENTATION OF 9/11 COMMISSION RECOMMENDATIONS
DIVISION B--COMBATTING TERRORISM
DIVISION C--INTELLIGENCE AUTHORIZATIONS
DIVISION D--TRANSPORTATION SECURITY
DIVISION E--A NEW DIRECTION IN IRAQ
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
DIVISION A--IMPLEMENTATION OF 9/11 COMMISSION RECOMMENDATIONS
Sec. 101. Short title.
Sec. 102. Definition of 9/11 Commission.
TITLE I--HOMELAND SECURITY, EMERGENCY PREPAREDNESS AND RESPONSE
Subtitle A--Emergency Preparedness and Response
Chapter 1--Emergency Preparedness
Sec. 101. Adequate radio spectrum for first responders.
Sec. 102. Report on establishing a unified incident command system.
Sec. 103. Report on completing a national critical infrastructure risk
and vulnerabilities assessment.
Sec. 104. Private sector preparedness.
Sec. 105. Relevant congressional committees defined.
Chapter 2--Assistance for First Responders
Sec. 111. Short title.
Sec. 112. Findings.
Sec. 113. Faster and Smarter Funding for First Responders.
Sec. 114. Superseded provision.
Sec. 115. Oversight.
Sec. 116. GAO report on an inventory and status of Homeland Security
first responder training.
Sec. 117. Removal of civil liability barriers that discourage the
donation of fire equipment to volunteer
fire companies.
Subtitle B--Transportation Security
Sec. 121. Report on national strategy for transportation security.
Sec. 122. Report on airline passenger pre-screening.
Sec. 123. Report on detection of explosives at airline screening
checkpoints.
Sec. 124. Report on comprehensive screening program.
Sec. 125. Relevant congressional committees defined.
Subtitle C--Border Security
Sec. 131. Counterterrorist travel intelligence.
Sec. 132. Comprehensive screening system.
Sec. 133. Biometric entry and exit data system.
Sec. 134. International collaboration on border and document security.
Sec. 135. Standardization of secure identification.
Sec. 136. Security enhancements for social security cards.
Subtitle D--Homeland Security Appropriations
Sec. 141. Homeland security appropriations.
TITLE II--REFORMING THE INSTITUTIONS OF GOVERNMENT
Subtitle A--Intelligence Community
Sec. 201. Report on director of national intelligence.
Sec. 202. Report on national counterterrorism center.
Sec. 203. Report on creation of a Federal Bureau of Investigation
national security workforce.
Sec. 204. Report on new missions for the Director of the Central
Intelligence Agency.
Sec. 205. Report on incentives for information sharing.
Sec. 206. Report on Presidential leadership of national security
institutions in the information revolution.
Sec. 207. Homeland airspace defense.
Sec. 208. Semiannual report on plans and strategies of United States
Northern Command for defense of the United
States homeland.
Sec. 209. Relevant congressional committees defined.
Subtitle B--Civil Liberties and Executive Power
Sec. 211. Report on the balance between security and civil liberties.
Sec. 212. Privacy and Civil Liberties Oversight Board.
Sec. 213. Set privacy guidelines for Government sharing of personal
information.
Sec. 214. Relevant congressional committees defined.
Subtitle C--Intelligence Oversight Reform in the Senate
Sec. 231. Subcommittee related to intelligence oversight.
Sec. 232. Subcommittee related to intelligence appropriations.
Sec. 233. Effective date.
Subtitle D--Standardize Security Clearances
Sec. 241. Standardization of security clearances.
TITLE III--FOREIGN POLICY, PUBLIC DIPLOMACY, AND NONPROLIFERATION
Subtitle A--Foreign Policy
Sec. 301. Actions to ensure a long-term commitment to Afghanistan.
Sec. 302. Actions to support Pakistan against extremists.
Sec. 303. Actions to support reform in Saudi Arabia.
Sec. 304. Elimination of terrorist sanctuaries.
Sec. 305. Comprehensive coalition strategy against Islamist terrorism.
Sec. 306. Standards for the detention and humane treatment of captured
terrorists.
Sec. 307. Use of economic policies to combat terrorism.
Sec. 308. Actions to ensure vigorous efforts against terrorist
financing.
Subtitle B--Public Diplomacy
Sec. 311. Public diplomacy responsibilities of the Department of State
and public diplomacy training of members of
the Foreign Service.
Sec. 312. International broadcasting.
Sec. 313. Expansion of United States scholarship, exchange, and library
programs in the Islamic world.
Sec. 314. International Youth Opportunity Fund.
Subtitle C--Nonproliferation
Sec. 321. Short title.
Sec. 322. Findings.
Sec. 323. Establishment of Office of Nonproliferation Programs in the
Executive Office of the President.
Sec. 324. Removal of restrictions on Cooperative Threat Reduction
programs.
Sec. 325. Removal of restrictions on Department of Energy
nonproliferation programs.
Sec. 326. Modifications of authority to use Cooperative Threat
Reduction program funds outside the former
Soviet Union.
Sec. 327. Modifications of authority to use International Nuclear
Materials Protection and Cooperation
program funds outside the former Soviet
Union.
Sec. 328. Special reports on adherence to arms control agreements and
nonproliferation commitments.
Sec. 329. Presidential report on impediments to certain
nonproliferation activities.
Sec. 330. Enhancement of Global Threat Reduction Initiative.
Sec. 331. Expansion of Proliferation Security Initiative.
Sec. 332. Sense of Congress relating to international security
standards for nuclear weapons and
materials.
Sec. 333. Authorization of appropriations relating to inventory of
Russian tactical nuclear warheads and data
exchanges.
Sec. 334. Report on accounting for and securing of Russia's non-
strategic nuclear weapons.
Sec. 335. Research and development involving alternative use of weapons
of mass destruction expertise.
Sec. 336. Strengthening the Nuclear Nonproliferation Treaty.
Sec. 337. Definitions.
DIVISION B--COMBATTING TERRORISM.
Sec. 1001. Short title.
TITLE XI--EFFECTIVELY TARGETING TERRORISTS
Sec. 1101. Sense of Congress on Special Operations forces and related
matters.
Sec. 1102. Foreign language expertise.
Sec. 1103. Curtailing terrorist financing.
Sec. 1104. Prohibition on transactions with countries that support
terrorism.
Sec. 1105. Comptroller General report on United Kingdom and United
States anti-terrorism policies and
practices.
Sec. 1106. Enhancement of intelligence community efforts to bring Osama
bin Laden and other al Qaeda leaders to
justice.
TITLE XII--PREVENTING THE GROWTH OF RADICAL ISLAMIC FUNDAMENTALISM
Subtitle A--Quality Educational Opportunities
Sec. 1201. Findings, policy, and definition.
Sec. 1202. Annual report to Congress.
Sec. 1203. Authorization of appropriations.
Subtitle B--Democracy and Development in the Muslim World
Sec. 1211. Promoting democracy and development in the Middle East,
Central Asia, South Asia, and Southeast
Asia.
Sec. 1212. Middle East Foundation.
Subtitle C--Restoring American Moral Leadership
Sec. 1221. Advancing United States interests through public diplomacy.
Sec. 1222. Department of State public diplomacy programs.
Sec. 1223. Treatment of detainees.
Sec. 1224. National Commission To Review Policy Regarding the Treatment
of Detainees.
Subtitle D--Strategy for the United States Relationship With
Afghanistan, Pakistan, and Saudi Arabia
Sec. 1231. Afghanistan.
Sec. 1232. Pakistan.
Sec. 1233. Saudi Arabia.
TITLE XIII--PROTECTION FROM TERRORIST ATTACKS THAT UTILIZE NUCLEAR,
CHEMICAL, BIOLOGICAL, AND RADIOLOGICAL WEAPONS
Subtitle A--Non-Proliferation Programs
Sec. 1301. Repeal of limitations to threat reduction assistance.
Sec. 1302. Russian tactical nuclear weapons.
Sec. 1303. Additional assistance to accelerate Non-Proliferation
programs.
Sec. 1304. Additional assistance to the International Atomic Energy
Agency.
Subtitle B--Border Protection
Sec. 1311. Findings.
Sec. 1312. Hiring and training of border security personnel.
Subtitle C--First Responders
Sec. 1321. Findings.
Sec. 1322. Restoration of justice assistance funding.
Sec. 1323. Providing reliable officers, technology, education,
community prosecutors, and training in Our
Neighborhood Initiative.
TITLE XIV--PROTECTING TAXPAYERS
Sec. 1401. Reports on metrics for measuring success in Global War on
Terrorism.
Sec. 1402. Prohibition on war profiteering.
TITLE XV--OTHER MATTERS
Sec. 1501. Sense of Congress on military commissions for the trial of
persons detained in the Global War on
Terrorism.
DIVISION C--INTELLIGENCE AUTHORIZATIONS
Sec. 2001. Short title.
TITLE XXI--INTELLIGENCE ACTIVITIES
Sec. 2101. Authorization of appropriations.
Sec. 2102. Classified schedule of authorizations.
Sec. 2103. Incorporation of classified annex.
Sec. 2104. Personnel ceiling adjustments.
Sec. 2105. Intelligence Community Management Account.
Sec. 2106. Incorporation of reporting requirements.
Sec. 2107. Availability to public of certain intelligence funding
information.
Sec. 2108. Response of intelligence community to requests from Congress
for intelligence documents and information.
TITLE XXII--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY
SYSTEM
Sec. 2201. Authorization of appropriations.
TITLE XXIII--INTELLIGENCE AND GENERAL INTELLIGENCE COMMUNITY MATTERS
Sec. 2301. Increase in employee compensation and benefits authorized by
law.
Sec. 2302. Restriction on conduct of intelligence activities.
Sec. 2303. Clarification of definition of intelligence community under
the National Security Act of 1947.
Sec. 2304. Improvement of notification of Congress regarding
intelligence activities of the United
States Government.
Sec. 2305. Delegation of authority for travel on common carriers for
intelligence collection personnel.
Sec. 2306. Modification of availability of funds for different
intelligence activities.
Sec. 2307. Additional limitation on availability of funds for
intelligence and intelligence-related
activities.
Sec. 2308. Increase in penalties for disclosure of undercover
intelligence officers and agents.
Sec. 2309. Retention and use of amounts paid as debts to elements of
the intelligence community.
Sec. 2310. Pilot program on disclosure of records under the Privacy Act
relating to certain intelligence
activities.
Sec. 2311. Extension to intelligence community of authority to delete
information about receipt and disposition
of foreign gifts and decorations.
Sec. 2312. Availability of funds for travel and transportation of
personal effects, household goods, and
automobiles.
Sec. 2313. Director of National Intelligence report on compliance with
the Detainee Treatment Act of 2005.
Sec. 2314. Report on alleged clandestine detention facilities for
individuals captured in the Global War on
Terrorism.
Sec. 2315. Sense of Congress on electronic surveillance.
TITLE XXIV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Subtitle A--Office of the Director of National Intelligence
Sec. 2401. Additional authorities of the Director of National
Intelligence on intelligence information
sharing.
Sec. 2402. Modification of limitation on delegation by the Director of
National Intelligence of the protection of
intelligence sources and methods.
Sec. 2403. Authority of the Director of National Intelligence to manage
access to human intelligence information.
Sec. 2404. Additional administrative authority of the Director of
National Intelligence.
Sec. 2405. Clarification of limitation on co-location of the Office of
the Director of National Intelligence.
Sec. 2406. Additional duties of the Director of Science and Technology
of the Office of the Director of National
Intelligence.
Sec. 2407. Appointment and title of Chief Information Officer of the
Intelligence Community.
Sec. 2408. Inspector General of the Intelligence Community.
Sec. 2409. Leadership and location of certain offices and officials.
Sec. 2410. National Space Intelligence Center.
Sec. 2411. Operational files in the Office of the Director of National
Intelligence.
Sec. 2412. Eligibility for incentive awards of personnel assigned to
the Office of the Director of National
Intelligence.
Sec. 2413. Repeal of certain authorities relating to the Office of the
National Counterintelligence Executive.
Sec. 2414. Inapplicability of Federal Advisory Committee Act to
advisory committees of the Office of the
Director of National Intelligence.
Sec. 2415. Membership of the Director of National Intelligence on the
Transportation Security Oversight Board.
Sec. 2416. Applicability of the Privacy Act to the Director of National
Intelligence and the Office of the Director
of National Intelligence.
Subtitle B--Central Intelligence Agency
Sec. 2421. Director and Deputy Director of the Central Intelligence
Agency.
Sec. 2422. Enhanced protection of Central Intelligence Agency
intelligence sources and methods from
unauthorized disclosure.
Sec. 2423. Additional exception to foreign language proficiency
requirement for certain senior level
positions in the Central Intelligence
Agency.
Sec. 2424. Additional functions and authorities for protective
personnel of the Central Intelligence
Agency.
Sec. 2425. Director of National Intelligence report on retirement
benefits for former employees of Air
America.
Subtitle C--Defense Intelligence Components
Sec. 2431. Enhancements of National Security Agency training program.
Sec. 2432. Codification of authorities of National Security Agency
protective personnel.
Sec. 2433. Inspector general matters.
Sec. 2434. Confirmation of appointment of heads of certain components
of the intelligence community.
Sec. 2435. Clarification of national security missions of National
Geospatial-Intelligence Agency for analysis
and dissemination of certain intelligence
information.
Sec. 2436. Security clearances in the National Geospatial-Intelligence
Agency.
Subtitle D--Other Elements
Sec. 2441. Foreign language incentive for certain non-special agent
employees of the Federal Bureau of
Investigation.
Sec. 2442. Authority to secure services by contract for the Bureau of
Intelligence and Research of the Department
of State.
Sec. 2443. Clarification of inclusion of Coast Guard and Drug
Enforcement Administration as elements of
the intelligence community.
Sec. 2444. Clarifying amendments relating to section 105 of the
Intelligence Authorization Act for fiscal
year 2004.
TITLE XXV--OTHER MATTERS
Sec. 2501. Technical amendments to the National Security Act of 1947.
Sec. 2502. Technical clarification of certain references to Joint
Military Intelligence Program and Tactical
Intelligence and Related Activities.
Sec. 2503. Technical amendments to the Intelligence Reform and
Terrorism Prevention Act of 2004.
Sec. 2504. Technical amendments to title 10, United States Code,
arising from enactment of the Intelligence
Reform and Terrorism Prevention Act of
2004.
Sec. 2505. Technical amendment to the Central Intelligence Agency Act
of 1949.
Sec. 2506. Technical amendments relating to the multiyear National
Intelligence Program.
Sec. 2507. Technical amendments to the Executive Schedule.
Sec. 2508. Technical amendments relating to redesignation of the
National Imagery and Mapping Agency as the
National Geospatial-Intelligence Agency.
DIVISION D--TRANSPORTATION SECURITY
TITLE XXXI--MARITIME SECURITY
Sec. 3101. Short title; Definitions.
Sec. 3102. Interagency operational command centers for port security.
Sec. 3103. Salvage response plan.
Sec. 3104. Vessel and facility security plans.
Sec. 3105. Assistance for foreign ports.
Sec. 3106. Port security grants.
Sec. 3107. Operation safe commerce.
Sec. 3108. Port security training program.
Sec. 3109. Port security exercise program.
Sec. 3110. Inspection of car ferries entering from Canada.
Sec. 3111. Deadline for transportation worker identification credential
security cards.
Sec. 3112. Port security user fee study.
Sec. 3113. Unannounced inspections of maritime facilities.
Sec. 3114. Foreign port assessments.
Sec. 3115. Pilot program to improve the security of empty containers.
Sec. 3116. Domestic radiation detection and imaging.
Sec. 3117. Evaluation of the environmental health and safety impacts of
nonintrusive inspection technology.
Sec. 3118. Authorization for customs and border protection personnel.
Sec. 3119. Strategic plan.
Sec. 3120. Resumption of trade.
Sec. 3121. Automated targeting system.
Sec. 3122. Container security initiative.
Sec. 3123. Customs-trade partnership against terrorism validation
program.
Sec. 3124. Technical requirements for non-intrusive inspection
equipment.
Sec. 3125. Random inspection of containers.
Sec. 3126. International trade data system.
TITLE XXXII--RAIL SECURITY
Sec. 3201. Short title.
Sec. 3202. Rail Transportation security risk assessment.
Sec. 3203. Systemwide Amtrak security upgrades.
Sec. 3204. Fire and Life-Safety improvements.
Sec. 3205. Freight and passenger rail security upgrades.
Sec. 3206. Rail security research and development.
Sec. 3207. Oversight and grant procedures.
Sec. 3208. Amtrak plan to assist families of passengers involved in
rail passenger accidents.
Sec. 3209. Northern border rail passenger report.
Sec. 3210. Rail worker security training program.
Sec. 3211. Whistleblower protection program.
Sec. 3212. High hazard material security threat mitigation plans.
Sec. 3213. Memorandum of agreement.
Sec. 3214. Rail security enhancements.
Sec. 3215. Public awareness.
Sec. 3216. Railroad high hazard material tracking.
Sec. 3217. Authorization of appropriations.
TITLE XXXIII--MASS TRANSIT SECURITY
Sec. 3301. Short title.
Sec. 3302. Findings.
Sec. 3303. Security assessments.
Sec. 3304. Security assistance grants.
Sec. 3305. Intelligence sharing.
Sec. 3306. Research, development, and demonstration grants.
Sec. 3307. Reporting requirements.
Sec. 3308. Authorization of appropriations.
Sec. 3309. Sunset provision.
TITLE XXXIV--AVIATION SECURITY
Sec. 3401. Inapplicability of limitation on employment of personnel
within Transportation Security
Administration to achieve aviation
security.
Sec. 3402. Aviation research and development for explosive detection.
Sec. 3403. Aviation repair station security.
DIVISION E--A NEW DIRECTION IN IRAQ
TITLE XLI--UNITED STATES POLICY ON IRAQ
Sec. 4001. United States policy on Iraq.
Sec. 4002. Sense of Senate on need for a new direction in Iraq policy
and in the civilian leadership of the
Department of Defense.
TITLE XLII--SPECIAL COMMITTEE OF SENATE ON WAR AND RECONSTRUCTION
CONTRACTING
Sec. 4101. Findings.
Sec. 4102. Special Committee on War and Reconstruction Contracting.
Sec. 4103. Purpose and duties.
Sec. 4104. Composition of Special Committee.
Sec. 4105. Rules and procedures.
Sec. 4106. Authority of Special Committee.
Sec. 4107. Reports.
Sec. 4108. Administrative provisions.
Sec. 4109. Termination.
Sec. 4110. Sense of Senate on certain claims regarding the Coalition
Provisional Authority.
DIVISION I--IMPLEMENTATION OF 9/11 COMMISSION RECOMMENDATIONS
SEC. 101. SHORT TITLE.
This division may be cited as the ``Ensuring Implementation of the
9/11 Commission Report Act''.
SEC. 102. DEFINITION OF 9/11 COMMISSION.
In this division, the term ``9/11 Commission'' means the National
Commission on Terrorist Attacks Upon the United States.
TITLE I--HOMELAND SECURITY, EMERGENCY PREPAREDNESS AND RESPONSE
Subtitle A--Emergency Preparedness and Response
CHAPTER 1--EMERGENCY PREPAREDNESS
SEC. 101. ADEQUATE RADIO SPECTRUM FOR FIRST RESPONDERS.
(a) Short Title.--This chapter may be cited as the ``Homeland
Emergency Response Operations Act'' or the ``HERO Act''.
(b) Prevention of Delay in Reassignment of 24 Megahertz for Public
Safety Purposes.--Section 309(j)(14) of the Communications Act of 1934
(47 U.S.C. 309(j)(14)) is amended by adding at the end the following
new subparagraph:
``(E) Extensions not permitted for channels (63,
64, 68 and 69) reassigned for public safety services.--
Notwithstanding subparagraph (B), the Commission shall
not grant any extension under such subparagraph from
the limitation of subparagraph (A) with respect to the
frequencies assigned, pursuant to section 337(a)(1),
for public safety services. The Commission shall take
all actions necessary to complete assignment of the
electromagnetic spectrum between 764 and 776 megahertz,
inclusive, and between 794 and 806 megahertz,
inclusive, for public safety services and to permit
operations by public safety services on those
frequencies commencing no later than January 1,
2007.''.
SEC. 102. REPORT ON ESTABLISHING A UNIFIED INCIDENT COMMAND SYSTEM.
(a) Report; Certification.--Not later than 30 days after the date
of the enactment of this Act, and every 30 days thereafter, the
Secretary of Homeland Security shall submit to the relevant
congressional committees a report on the recommendations of the 9/11
Commission and the policy goals of the Intelligence Reform and
Terrorism Prevention Act of 2004 (Public Law 108-458) with respect to
establishing a unified incident command system. Such report shall
include--
(1) a certification by the Secretary of Homeland Security
that such recommendations have been implemented and such policy
goals have been achieved; or
(2) if the Secretary of Homeland Security is unable to make
the certification described in paragraph (1), a description
of--
(A) the steps taken to implement such
recommendations and achieve such policy goals;
(B) when the Secretary of Homeland Security expects
such recommendations to be implemented and such policy
goals to be achieved; and
(C) any allocation of resources or other actions by
Congress the Director considers necessary to implement
such recommendations and achieve such policy goals.
(b) Termination of Duty to Report.--The duty to submit a report
under subsection (a) shall terminate when the Secretary of Homeland
Security submits a certification pursuant to subsection (a)(1).
(c) GAO Review of Certification.--If the Secretary of Homeland
Security submits a certification pursuant to subsection (a)(1), not
later than 30 days after the submission of such certification, the
Comptroller General shall submit to the relevant congressional
committees a report on whether the recommendations described in
subsection (a) have been implemented and whether the policy goals
described in subsection (a) have been achieved.
SEC. 103. REPORT ON COMPLETING A NATIONAL CRITICAL INFRASTRUCTURE RISK
AND VULNERABILITIES ASSESSMENT.
(a) Report; Certification.--Not later than 30 days after the date
of the enactment of this Act, and every 30 days thereafter, the
Secretary of Homeland Security shall submit to the relevant
congressional committees a report on the recommendations of the 9/11
Commission and the policy goals of the Intelligence Reform and
Terrorism Prevention Act of 2004 (Public Law 108-458) with respect to
completing a national critical infrastructure risk and vulnerabilities
assessment. Such report shall include--
(1) a certification by the Secretary of Homeland Security
that such recommendations have been implemented and such policy
goals have been achieved; or
(2) if the Secretary of Homeland Security is unable to make
the certification described in paragraph (1), a description
of--
(A) the steps taken to implement such
recommendations and achieve such policy goals;
(B) when the Secretary of Homeland Security expects
such recommendations to be implemented and such policy
goals to be achieved; and
(C) any allocation of resources or other actions by
Congress the Director considers necessary to implement
such recommendations and achieve such policy goals.
(b) Termination of Duty to Report.--The duty to submit a report
under subsection (a) shall terminate when the Secretary of Homeland
Security submits a certification pursuant to subsection (a)(1).
(c) GAO Review of Certification.--If the Secretary of Homeland
Security submits a certification pursuant to subsection (a)(1), not
later than 30 days after the submission of such certification, the
Comptroller General shall submit to the relevant congressional
committees a report on whether the recommendations described in
subsection (a) have been implemented and whether the policy goals
described in subsection (a) have been achieved.
SEC. 104. PRIVATE SECTOR PREPAREDNESS.
The Comptroller General of the United States shall submit to
Congress by not later than 90 days after the date of the enactment of
this Act--
(1) a determination of what has been done to enhance
private sector preparedness for terrorist attack; and
(2) recommendations of any additional congressional action
or administrative action that is necessary to enhance such
preparedness.
SEC. 105. RELEVANT CONGRESSIONAL COMMITTEES DEFINED.
In this chapter, the term ``relevant congressional committees''
means the Committee on Homeland Security, the Committee on Government
Reform, and the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Homeland Security and
Government Affairs and the Committee on Environment and Public Works of
the Senate.
CHAPTER 2--ASSISTANCE FOR FIRST RESPONDERS
SEC. 111. SHORT TITLE.
This chapter may be cited as the ``Faster and Smarter Funding for
First Responders Act of 2006''.
SEC. 112. FINDINGS.
Congress makes the following findings:
(1) In order to achieve its objective of preventing,
minimizing the damage from, and assisting in the recovery from
terrorist attacks, the Department of Homeland Security must
play a leading role in assisting communities to reach the level
of preparedness they need to prevent and respond to a terrorist
attack.
(2) First responder funding is not reaching the men and
women of our Nation's first response teams quickly enough, and
sometimes not at all.
(3) To reform the current bureaucratic process so that
homeland security dollars reach the first responders who need
it most, it is necessary to clarify and consolidate the
authority and procedures of the Department of Homeland Security
that support first responders.
(4) Ensuring adequate resources for the new national
mission of homeland security, without degrading the ability to
address effectively other types of major disasters and
emergencies, requires a discrete and separate grant making
process for homeland security funds for first response to
terrorist acts, on the one hand, and for first responder
programs designed to meet pre-September 11 priorities, on the
other.
(5) While a discrete homeland security grant making process
is necessary to ensure proper focus on the unique aspects of
terrorism preparedness, it is essential that State and local
strategies for utilizing such grants be integrated, to the
greatest extent practicable, with existing State and local
emergency management plans.
(6) Homeland security grants to first responders must be
based on the best intelligence concerning the capabilities and
intentions of our terrorist enemies, and that intelligence must
be used to target resources to the Nation's greatest threats,
vulnerabilities, and consequences.
(7) The Nation's first response capabilities will be
improved by sharing resources, training, planning, personnel,
and equipment among neighboring jurisdictions through mutual
aid agreements and regional cooperation. Such regional
cooperation should be supported, where appropriate, through
direct grants from the Department of Homeland Security.
(8) An essential prerequisite to achieving the Nation's
homeland security objectives for first responders is the
establishment of well-defined national goals for terrorism
preparedness. These goals should delineate the essential
capabilities that every jurisdiction in the United States
should possess or to which it should have access.
(9) A national determination of essential capabilities is
needed to identify levels of State and local government
terrorism preparedness, to determine the nature and extent of
State and local first responder needs, to identify the human
and financial resources required to fulfill them, to direct
funding to meet those needs, and to measure preparedness levels
on a national scale.
(10) To facilitate progress in achieving, maintaining, and
enhancing essential capabilities for State and local first
responders, the Department of Homeland Security should seek to
allocate homeland security funding for first responders to meet
nationwide needs.
(11) Private sector resources and citizen volunteers can
perform critical functions in assisting in preventing and
responding to terrorist attacks, and should be integrated into
State and local planning efforts to ensure that their
capabilities and roles are understood, so as to provide
enhanced State and local operational capability and surge
capacity.
(12) Public-private partnerships, such as the partnerships
between the Business Executives for National Security and the
States of New Jersey and Georgia, can be useful to identify and
coordinate private sector support for State and local first
responders. Such models should be expanded to cover all States
and territories.
(13) An important aspect of terrorism preparedness is
measurability, so that it is possible to determine how prepared
a State or local government is now, and what additional steps
it needs to take, in order to prevent, prepare for, respond to,
mitigate against, and recover from acts of terrorism.
(14) The Department of Homeland Security should establish,
publish, and regularly update national voluntary consensus
standards for both equipment and training, in cooperation with
both public and private sector standard setting organizations,
to assist State and local governments in obtaining the
equipment and training to attain the essential capabilities for
first response to acts of terrorism, and to ensure that first
responder funds are spent wisely.
SEC. 113. FASTER AND SMARTER FUNDING FOR FIRST RESPONDERS.
(a) In General.--The Homeland Security Act of 2002 (Public Law 107-
296; 6 U.S.C. 361 et seq.) is amended--
(1) in section 1(b) in the table of contents by adding at
the end the following:
``TITLE XVIII--FUNDING FOR FIRST RESPONDERS
``Sec. 1801. Definitions.
``Sec. 1802. Faster and Smarter Funding for First Responders.
``Sec. 1803. Covered grant eligibility and criteria.
``Sec. 1804. Risk-based evaluation and prioritization.
``Sec. 1805. Task Force on Terrorism Preparedness for First Responders.
``Sec. 1806. Use of funds and accountability requirements.
``Sec. 1807. National standards for first responder equipment and
training.''; and
and
(2) by adding at the end the following:
``TITLE XVIII--FUNDING FOR FIRST RESPONDERS
``SEC. 1801. DEFINITIONS.
``In this title:
``(1) Board.--The term `Board' means the First Responder
Grants Board established under section 1804.
``(2) Covered grant.--The term `covered grant' means any
grant to which this title applies under section 1802.
``(3) Directly eligible tribe.--The term `directly eligible
tribe' means any Indian tribe or consortium of Indian tribes
that--
``(A) meets the criteria for inclusion in the
qualified applicant pool for Self-Governance that are
set forth in section 402(c) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
458bb(c));
``(B) employs at least 10 full-time personnel in a
law enforcement or emergency response agency with the
capacity to respond to calls for law enforcement or
emergency services; and
``(C)(i) is located on, or within 5 miles of, an
international border or waterway;
``(ii) is located within 5 miles of a facility
designated as high-risk critical infrastructure by the
Secretary;
``(iii) is located within or contiguous to one of
the 50 largest metropolitan statistical areas in the
United States; or
``(iv) has more than 1,000 square miles of Indian
country, as that term is defined in section 1151 of
title 18, United States Code.
``(4) Elevations in the threat alert level.--The term
`elevations in the threat alert level' means any designation
(including those that are less than national in scope) that
raises the homeland security threat level to either the highest
or second highest threat level under the Homeland Security
Advisory System referred to in section 201(d)(7).
``(5) Emergency preparedness.--The term `emergency
preparedness' shall have the same meaning that term has under
section 602 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5195a).
``(6) Essential capabilities.--The term `essential
capabilities' means the levels, availability, and competence of
emergency personnel, planning, training, and equipment across a
variety of disciplines needed to effectively and efficiently
prevent, prepare for, respond to, and recover from acts of
terrorism consistent with established practices.
``(7) First responder.--The term `first responder' shall
have the same meaning as the term `emergency response
provider'.
``(8) Indian tribe.--The term `Indian tribe' means any
Indian tribe, band, nation, or other organized group or
community, including any Alaskan Native village or regional or
village corporation as defined in or established pursuant to
the Alaskan Native Claims Settlement Act (43 U.S.C. 1601 et
seq.), which is recognized as eligible for the special programs
and services provided by the United States to Indians because
of their status as Indians.
``(9) Region.--The term `region' means--
``(A) any geographic area consisting of all or
parts of 2 or more contiguous States, counties,
municipalities, or other local governments that have a
combined population of at least 1,650,000 or have an
area of not less than 20,000 square miles, and that,
for purposes of an application for a covered grant, is
represented by 1 or more governments or governmental
agencies within such geographic area, and that is
established by law or by agreement of 2 or more such
governments or governmental agencies in a mutual aid
agreement; or
``(B) any other combination of contiguous local
government units (including such a combination
established by law or agreement of two or more
governments or governmental agencies in a mutual aid
agreement) that is formally certified by the Secretary
as a region for purposes of this title with the consent
of--
``(i) the State or States in which they are
located, including a multi-State entity
established by a compact between two or more
States; and
``(ii) the incorporated municipalities,
counties, and parishes that they encompass.
``(10) Task force.--The term `Task Force' means the Task
Force on Terrorism Preparedness for First Responders
established under section 1805.
``(11) Terrorism preparedness.--The term `terrorism
preparedness' means any activity designed to improve the
ability to prevent, prepare for, respond to, mitigate against,
or recover from threatened or actual terrorist attacks.
``SEC. 1802. FASTER AND SMARTER FUNDING FOR FIRST RESPONDERS.
``(a) Covered Grants.--This title applies to grants provided by the
Department to States, regions, or directly eligible tribes for the
primary purpose of improving the ability of first responders to
prevent, prepare for, respond to, mitigate against, or recover from
threatened or actual terrorist attacks, especially those involving
weapons of mass destruction, administered under the following:
``(1) State homeland security grant program.--The State
Homeland Security Grant Program of the Department, or any
successor to such grant program.
``(2) Urban area security initiative.--The Urban Area
Security Initiative of the Department, or any successor to such
grant program.
``(3) Law enforcement terrorism prevention program.--The
Law Enforcement Terrorism Prevention Program of the Department,
or any successor to such grant program.
``(b) Excluded Programs.--This title does not apply to or otherwise
affect the following Federal grant programs or any grant under such a
program:
``(1) Nondepartment programs.--Any Federal grant program
that is not administered by the Department.
``(2) Fire grant programs.--The fire grant programs
authorized by sections 33 and 34 of the Federal Fire Prevention
and Control Act of 1974 (15 U.S.C. 2229, 2229a).
``(3) Emergency management planning and assistance account
grants.--The Emergency Management Performance Grant program and
the Urban Search and Rescue Grants program authorized by title
VI of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5195 et seq.); the Departments of
Veterans Affairs and Housing and Urban Development, and
Independent Agencies Appropriations Act, 2000 (113 Stat. 1047
et seq.); and the Earthquake Hazards Reduction Act of 1977 (42
U.S.C. 7701 et seq.).
``SEC. 1803. COVERED GRANT ELIGIBILITY AND CRITERIA.
``(a) Grant Eligibility.--Any State, region, or directly eligible
tribe shall be eligible to apply for a covered grant.
``(b) Grant Criteria.--The Secretary shall award covered grants to
assist States and local governments in achieving, maintaining, and
enhancing the essential capabilities for terrorism preparedness
established by the Secretary.
``(c) State Homeland Security Plans.--
``(1) Submission of plans.--The Secretary shall require
that any State applying to the Secretary for a covered grant
must submit to the Secretary a 3-year State homeland security
plan that--
``(A) describes the essential capabilities that
communities within the State should possess, or to
which they should have access, based upon the terrorism
risk factors relevant to such communities, in order to
meet the Department's goals for terrorism preparedness;
``(B) demonstrates the extent to which the State
has achieved the essential capabilities that apply to
the State;
``(C) demonstrates the needs of the State necessary
to achieve, maintain, or enhance the essential
capabilities that apply to the State;
``(D) includes a prioritization of such needs based
on threat, vulnerability, and consequence assessment
factors applicable to the State;
``(E) describes how the State intends--
``(i) to address such needs at the city,
county, regional, tribal, State, and interstate
level, including a precise description of any
regional structure the State has established
for the purpose of organizing homeland security
preparedness activities funded by covered
grants;
``(ii) to use all Federal, State, and local
resources available for the purpose of
addressing such needs; and
``(iii) to give particular emphasis to
regional planning and cooperation, including
the activities of multijurisdictional planning
agencies governed by local officials, both
within its jurisdictional borders and with
neighboring States;
``(F) with respect to the emergency preparedness of
first responders, addresses the unique aspects of
terrorism as part of a comprehensive State emergency
management plan; and
``(G) provides for coordination of response and
recovery efforts at the local level, including
procedures for effective incident command in
conformance with the National Incident Management
System.
``(2) Consultation.--The State plan submitted under
paragraph (1) shall be developed in consultation with and
subject to appropriate comment by local governments and first
responders within the State.
``(3) Approval by secretary.--The Secretary may not award
any covered grant to a State unless the Secretary has approved
the applicable State homeland security plan.
``(4) Revisions.--A State may revise the applicable State
homeland security plan approved by the Secretary under this
subsection, subject to approval of the revision by the
Secretary.
``(d) Consistency With State Plans.--The Secretary shall ensure
that each covered grant is used to supplement and support, in a
consistent and coordinated manner, the applicable State homeland
security plan or plans.
``(e) Application for Grant.--
``(1) In general.--Except as otherwise provided in this
subsection, any State, region, or directly eligible tribe may
apply for a covered grant by submitting to the Secretary an
application at such time, in such manner, and containing such
information as is required under this subsection, or as the
Secretary may reasonably require.
``(2) Deadlines for applications and awards.--All
applications for covered grants must be submitted at such time
as the Secretary may reasonably require for the fiscal year for
which they are submitted. The Secretary shall award covered
grants pursuant to all approved applications for such fiscal
year as soon as practicable, but not later than March 1 of such
year.
``(3) Availability of funds.--All funds awarded by the
Secretary under covered grants in a fiscal year shall be
available for obligation through the end of the subsequent
fiscal year.
``(4) Minimum contents of application.--The Secretary shall
require that each applicant include in its application, at a
minimum--
``(A) the purpose for which the applicant seeks
covered grant funds and the reasons why the applicant
needs the covered grant to meet the essential
capabilities for terrorism preparedness within the
State, region, or directly eligible tribe to which the
application pertains;
``(B) a description of how, by reference to the
applicable State homeland security plan or plans under
subsection (c), the allocation of grant funding
proposed in the application, including, where
applicable, the amount not passed through under section
1806(g)(1), would assist in fulfilling the essential
capabilities for terrorism preparedness specified in
such plan or plans;
``(C) a statement of whether a mutual aid agreement
applies to the use of all or any portion of the covered
grant funds;
``(D) if the applicant is a State, a description of
how the State plans to allocate the covered grant funds
to regions, local governments, and Indian tribes;
``(E) if the applicant is a region--
``(i) a precise geographical description of
the region and a specification of all
participating and nonparticipating local
governments within the geographical area
comprising that region;
``(ii) a specification of what governmental
entity within the region will administer the
expenditure of funds under the covered grant;
and
``(iii) a designation of a specific
individual to serve as regional liaison;
``(F) a capital budget showing how the applicant
intends to allocate and expend the covered grant funds;
``(G) if the applicant is a directly eligible
tribe, a designation of a specific individual to serve
as the tribal liaison; and
``(H) a statement of how the applicant intends to
meet the matching requirement, if any, that applies
under section 1806(g)(2).
``(5) Regional applications.--
``(A) Relationship to state applications.--A
regional application--
``(i) shall be coordinated with an
application submitted by the State or States of
which such region is a part;
``(ii) shall supplement and avoid
duplication with such State application; and
``(iii) shall address the unique regional
aspects of such region's terrorism preparedness
needs beyond those provided for in the
application of such State or States.
``(B) State review and submission.--To ensure the
consistency required under subsection (d) and the
coordination required under subparagraph (A) of this
paragraph, an applicant that is a region must submit
its application to each State of which any part is
included in the region for review and concurrence prior
to the submission of such application to the Secretary.
The regional application shall be transmitted to the
Secretary through each such State within 30 days of its
receipt, unless the Governor of such a State notifies
the Secretary, in writing, that such regional
application is inconsistent with the State's homeland
security plan and provides an explanation of the
reasons therefor.
``(C) Distribution of regional awards.--If the
Secretary approves a regional application, then the
Secretary shall distribute a regional award to the
State or States submitting the applicable regional
application under subparagraph (B), and each such State
shall, not later than the end of the 45-day period
beginning on the date after receiving a regional award,
pass through to the region all covered grant funds or
resources purchased with such funds, except those funds
necessary for the State to carry out its
responsibilities with respect to such regional
application. However in no such case shall the State or
States pass through to the region less than 80 percent
of the regional award.
``(D) Certifications regarding distribution of
grant funds to regions.--Any State that receives a
regional award under subparagraph (C) shall certify to
the Secretary, by not later than 30 days after the
expiration of the period described in subparagraph (C)
with respect to the grant, that the State has made
available to the region the required funds and
resources in accordance with subparagraph (C).
``(E) Direct payments to regions.--If any State
fails to pass through a regional award to a region as
required by subparagraph (C) within 45 days after
receiving such award and does not request or receive an
extension of such period under section 1806(h)(2), the
region may petition the Secretary to receive directly
the portion of the regional award that is required to
be passed through to such region under subparagraph
(C).
``(F) Regional liaisons.--A regional liaison
designated under paragraph (4)(E)(iii) shall--
``(i) coordinate with Federal, State,
local, regional, and private officials within
the region concerning terrorism preparedness;
``(ii) develop a process for receiving
input from Federal, State, local, regional, and
private sector officials within the region to
assist in the development of the regional
application and to improve the region's access
to covered grants; and
``(iii) administer, in consultation with
State, local, regional, and private officials
within the region, covered grants awarded to
the region.
``(6) Tribal applications.--
``(A) Submission to the state or states.--To ensure
the consistency required under subsection (d), an
applicant that is a directly eligible tribe must submit
its application to each State within the boundaries of
which any part of such tribe is located for direct
submission to the Department along with the application
of such State or States.
``(B) Opportunity for state comment.--Before
awarding any covered grant to a directly eligible
tribe, the Secretary shall provide an opportunity to
each State within the boundaries of which any part of
such tribe is located to comment to the Secretary on
the consistency of the tribe's application with the
State's homeland security plan. Any such comments shall
be submitted to the Secretary concurrently with the
submission of the State and tribal applications.
``(C) Final authority.--The Secretary shall have
final authority to determine the consistency of any
application of a directly eligible tribe with the
applicable State homeland security plan or plans, and
to approve any application of such tribe. The Secretary
shall notify each State within the boundaries of which
any part of such tribe is located of the approval of an
application by such tribe.
``(D) Tribal liaison.--A tribal liaison designated
under paragraph (4)(G) shall--
``(i) coordinate with Federal, State,
local, regional, and private officials
concerning terrorism preparedness;
``(ii) develop a process for receiving
input from Federal, State, local, regional, and
private sector officials to assist in the
development of the application of such tribe
and to improve the tribe's access to covered
grants; and
``(iii) administer, in consultation with
State, local, regional, and private officials,
covered grants awarded to such tribe.
``(E) Limitation on the number of direct grants.--
The Secretary may make covered grants directly to not
more than 20 directly eligible tribes per fiscal year.
``(F) Tribes not receiving direct grants.--An
Indian tribe that does not receive a grant directly
under this section is eligible to receive funds under a
covered grant from the State or States within the
boundaries of which any part of such tribe is located,
consistent with the homeland security plan of the State
as described in subsection (c). If a State fails to
comply with section 1806(g)(1), the tribe may request
payment under section 1806(h)(3) in the same manner as
a local government.
``(7) Equipment standards.--If an applicant for a covered
grant proposes to upgrade or purchase, with assistance provided
under the grant, new equipment or systems that do not meet or
exceed any applicable national voluntary consensus standards
established by the Secretary, the applicant shall include in
the application an explanation of why such equipment or systems
will serve the needs of the applicant better than equipment or
systems that meet or exceed such standards.
``SEC. 1804. RISK-BASED EVALUATION AND PRIORITIZATION.
``(a) First Responder Grants Board.--
``(1) Establishment of board.--The Secretary shall
establish a First Responder Grants Board, consisting of--
``(A) the Secretary;
``(B) the Under Secretary for Emergency
Preparedness and Response;
``(C) the Under Secretary for Border and
Transportation Security;
``(D) the Under Secretary for Information Analysis
and Infrastructure Protection;
``(E) the Under Secretary for Science and
Technology;
``(F) the Director of the Office for Domestic
Preparedness;
``(G) the Administrator of the United States Fire
Administration; and
``(H) the Administrator of the Animal and Plant
Health Inspection Service.
``(2) Chairman.--
``(A) In general.--The Secretary shall be the
Chairman of the Board.
``(B) Exercise of authorities by deputy
secretary.--The Deputy Secretary of Homeland Security
may exercise the authorities of the Chairman, if the
Secretary so directs.
``(b) Functions of Under Secretaries.--The Under Secretaries
referred to in subsection (a)(1) shall seek to ensure that the relevant
expertise and input of the staff of their directorates are available to
and considered by the Board.
``(c) Prioritization of Grant Applications.--
``(1) Factors to be considered.--The Board shall evaluate
and annually prioritize all pending applications for covered
grants based upon the degree to which they would, by achieving,
maintaining, or enhancing the essential capabilities of the
applicants on a nationwide basis, lessen the threat to,
vulnerability of, and consequences for persons (including
transient commuting and tourist populations) and critical
infrastructure. Such evaluation and prioritization shall be
based upon the most current risk assessment available by the
Directorate for Information Analysis and Infrastructure
Protection of the threats of terrorism against the United
States. The Board shall coordinate with State, local, regional,
and tribal officials in establishing criteria for evaluating
and prioritizing applications for covered grants.
``(2) Critical infrastructure sectors.--The Board
specifically shall consider threats of terrorism against the
following critical infrastructure sectors in all areas of the
United States, urban and rural:
``(A) Agriculture and food.
``(B) Banking and finance.
``(C) Chemical industries.
``(D) The defense industrial base.
``(E) Emergency services.
``(F) Energy.
``(G) Government facilities.
``(H) Postal and shipping.
``(I) Public health and health care.
``(J) Information technology.
``(K) Telecommunications.
``(L) Transportation systems.
``(M) Water.
``(N) Dams.
``(O) Commercial facilities.
``(P) National monuments and icons.
The order in which the critical infrastructure sectors are
listed in this paragraph shall not be construed as an order of
priority for consideration of the importance of such sectors.
``(3) Types of threat.--The Board specifically shall
consider the following types of threat to the critical
infrastructure sectors described in paragraph (2), and to
populations in all areas of the United States, urban and rural:
``(A) Biological threats.
``(B) Nuclear threats.
``(C) Radiological threats.
``(D) Incendiary threats.
``(E) Chemical threats.
``(F) Explosives.
``(G) Suicide bombers.
``(H) Cyber threats.
``(I) Any other threats based on proximity to
specific past acts of terrorism or the known activity
of any terrorist group.
The order in which the types of threat are listed in this
paragraph shall not be construed as an order of priority for
consideration of the importance of such threats.
``(4) Consideration of additional factors.--The Board shall
take into account any other specific threat to a population
(including a transient commuting or tourist population) or
critical infrastructure sector that the Board has determined to
exist. In evaluating the threat to a population or critical
infrastructure sector, the Board shall give greater weight to
threats of terrorism based upon their specificity and
credibility, including any pattern of repetition.
``(5) Minimum amounts.--After evaluating and prioritizing
grant applications under paragraph (1), the Board shall ensure
that, for each fiscal year--
``(A) each of the States, other than the Virgin
Islands, American Samoa, Guam, and the Northern Mariana
Islands, that has an approved State homeland security
plan receives no less than 0.25 percent of the funds
available for covered grants for that fiscal year for
purposes of implementing its homeland security plan in
accordance with the prioritization of needs under
section 1803(c)(1)(D);
``(B) each of the States, other than the Virgin
Islands, American Samoa, Guam, and the Northern Mariana
Islands, that has an approved State homeland security
plan and that meets one or both of the additional high-
risk qualifying criteria under paragraph (6) receives
no less than 0.45 percent of the funds available for
covered grants for that fiscal year for purposes of
implementing its homeland security plan in accordance
with the prioritization of needs under section
1803(c)(1)(D);
``(C) the Virgin Islands, American Samoa, Guam, and
the Northern Mariana Islands each receives no less than
0.08 percent of the funds available for covered grants
for that fiscal year for purposes of implementing its
approved State homeland security plan in accordance
with the prioritization of needs under section
1803(c)(1)(D); and
``(D) directly eligible tribes collectively receive
no less than 0.08 percent of the funds available for
covered grants for such fiscal year for purposes of
addressing the needs identified in the applications of
such tribes, consistent with the homeland security plan
of each State within the boundaries of which any part
of any such tribe is located, except that this clause
shall not apply with respect to funds available for a
fiscal year if the Secretary receives less than 5
applications for such fiscal year from such tribes
under section 1803(e)(6)(A) or does not approve at
least one such application.
``(6) Additional high-risk qualifying criteria.--For
purposes of paragraph (5)(B), additional high-risk qualifying
criteria consist of--
``(A) having a significant international land
border; or
``(B) adjoining a body of water within North
America through which an international boundary line
extends.
``(d) Effect of Regional Awards on State Minimum.--Any regional
award, or portion thereof, provided to a State under section
1803(e)(5)(C) shall not be considered in calculating the minimum State
award under subsection (c)(5) of this section.
``SEC. 1805. TASK FORCE ON TERRORISM PREPAREDNESS FOR FIRST RESPONDERS.
``(a) Establishment.--To assist the Secretary in updating,
revising, or replacing essential capabilities for terrorism
preparedness, the Secretary shall establish an advisory body pursuant
to section 871(a) not later than 60 days after the date of the
enactment of this section, which shall be known as the Task Force on
Terrorism Preparedness for First Responders.
``(b) Update, Revise, or Replace.--The Secretary shall regularly
update, revise, or replace the essential capabilities for terrorism
preparedness as necessary, but not less than every 3 years.
``(c) Report.--
``(1) In general.--The Task Force shall submit to the
Secretary, by not later than 12 months after its establishment
by the Secretary under subsection (a) and not later than every
2 years thereafter, a report on its recommendations for
essential capabilities for terrorism preparedness.
``(2) Contents.--Each report shall--
``(A) include a priority ranking of essential
capabilities in order to provide guidance to the
Secretary and to the Congress on determining the
appropriate allocation of, and funding levels for,
first responder needs;
``(B) set forth a methodology by which any State or
local government will be able to determine the extent
to which it possesses or has access to the essential
capabilities that States and local governments having
similar risks should obtain;
``(C) describe the availability of national
voluntary consensus standards, and whether there is a
need for new national voluntary consensus standards,
with respect to first responder training and equipment;
``(D) include such additional matters as the
Secretary may specify in order to further the terrorism
preparedness capabilities of first responders; and
``(E) include such revisions to the contents of
previous reports as are necessary to take into account
changes in the most current risk assessment available
by the Directorate for Information Analysis and
Infrastructure Protection or other relevant information
as determined by the Secretary.
``(3) Consistency with federal working group.--The Task
Force shall ensure that its recommendations for essential
capabilities for terrorism preparedness are, to the extent
feasible, consistent with any preparedness goals or
recommendations of the Federal working group established under
section 319F(a) of the Public Health Service Act (42 U.S.C.
247d-6(a)).
``(4) Comprehensiveness.--The Task Force shall ensure that
its recommendations regarding essential capabilities for
terrorism preparedness are made within the context of a
comprehensive State emergency management system.
``(5) Prior measures.--The Task Force shall ensure that its
recommendations regarding essential capabilities for terrorism
preparedness take into account any capabilities that State or
local officials have determined to be essential and have
undertaken since September 11, 2001, to prevent, prepare for,
respond to, or recover from terrorist attacks.
``(d) Membership.--
``(1) In general.--The Task Force shall consist of 25
members appointed by the Secretary, and shall, to the extent
practicable, represent a geographic (including urban and rural)
and substantive cross section of governmental and
nongovernmental first responder disciplines from the State and
local levels, including as appropriate--
``(A) members selected from the emergency response
field, including fire service and law enforcement,
hazardous materials response, emergency medical
services, and emergency management personnel (including
public works personnel routinely engaged in emergency
response);
``(B) health scientists, emergency and inpatient
medical providers, and public health professionals,
including experts in emergency health care response to
chemical, biological, radiological, and nuclear
terrorism, and experts in providing mental health care
during emergency response operations;
``(C) experts from Federal, State, and local
governments, and the private sector, representing
standards-setting organizations, including
representation from the voluntary consensus codes and
standards development community, particularly those
with expertise in first responder disciplines; and
``(D) State and local officials with expertise in
terrorism preparedness, subject to the condition that
if any such official is an elected official
representing one of the two major political parties, an
equal number of elected officials shall be selected
from each such party.
``(2) Coordination with the department of health and health
services.--In the selection of members of the Task Force who
are health professionals, including emergency medical
professionals, the Secretary shall coordinate such selection
with the Secretary of Health and Human Services.
``(3) Ex officio members.--The Secretary and the Secretary
of Health and Human Services shall each designate one or more
officers of their respective Departments to serve as ex officio
members of the Task Force. One of the ex officio members from
the Department of Homeland Security shall be the designated
officer of the Federal Government for purposes of subsection
(e) of section 10 of the Federal Advisory Committee Act (5 App.
U.S.C.).
``(e) Applicability of Federal Advisory Committee Act.--
Notwithstanding section 871(a), the Federal Advisory Committee Act (5
App. U.S.C.), including subsections (a), (b), and (d) of section 10 of
such Act, and section 552b(c) of title 5, United States Code, shall
apply to the Task Force.
``SEC. 1806. USE OF FUNDS AND ACCOUNTABILITY REQUIREMENTS.
``(a) In General.--A covered grant may be used for--
``(1) purchasing or upgrading equipment, including computer
software, to enhance terrorism preparedness;
``(2) exercises to strengthen terrorism preparedness;
``(3) training for prevention (including detection) of,
preparedness for, response to, or recovery from attacks
involving weapons of mass destruction, including training in
the use of equipment and computer software;
``(4) developing or updating State homeland security plans,
risk assessments, mutual aid agreements, and emergency
management plans to enhance terrorism preparedness;
``(5) establishing or enhancing mechanisms for sharing
terrorism threat information;
``(6) systems architecture and engineering, program
planning and management, strategy formulation and strategic
planning, life-cycle systems design, product and technology
evaluation, and prototype development for terrorism
preparedness purposes;
``(7) additional personnel costs resulting from--
``(A) elevations in the threat alert level of the
Homeland Security Advisory System by the Secretary, or
a similar elevation in threat alert level issued by a
State, region, or local government with the approval of
the Secretary;
``(B) travel to and participation in exercises and
training in the use of equipment and on prevention
activities; and
``(C) the temporary replacement of personnel during
any period of travel to and participation in exercises
and training in the use of equipment and on prevention
activities;
``(8) the costs of equipment (including software) required
to receive, transmit, handle, and store classified information;
``(9) protecting critical infrastructure against potential
attack by the addition of barriers, fences, gates, and other
such devices, except that the cost of such measures may not
exceed the greater of--
``(A) $1,000,000 per project; or
``(B) such greater amount as may be approved by the
Secretary, which may not exceed 10 percent of the total
amount of the covered grant;
``(10) the costs of commercially available interoperable
communications equipment (which, where applicable, is based on
national, voluntary consensus standards) that the Secretary, in
consultation with the Chairman of the Federal Communications
Commission, deems best suited to facilitate interoperability,
coordination, and integration between and among emergency
communications systems, and that complies with prevailing grant
guidance of the Department for interoperable communications;
``(11) educational curricula development for first
responders to ensure that they are prepared for terrorist
attacks;
``(12) training and exercises to assist public elementary
and secondary schools in developing and implementing programs
to instruct students regarding age-appropriate skills to
prevent, prepare for, respond to, mitigate against, or recover
from an act of terrorism;
``(13) paying of administrative expenses directly related
to administration of the grant, except that such expenses may
not exceed 3 percent of the amount of the grant;
``(14) paying for the conduct of any activity permitted
under the Law Enforcement Terrorism Prevention Program, or any
such successor to such program; and
``(15) other appropriate activities as determined by the
Secretary.
``(b) Prohibited Uses.--Funds provided as a covered grant may not
be used--
``(1) to supplant State or local funds;
``(2) to construct buildings or other physical facilities;
``(3) to acquire land; or
``(4) for any State or local government cost sharing
contribution.
``(c) Multiple-Purpose Funds.--Nothing in this section shall be
construed to preclude State and local governments from using covered
grant funds in a manner that also enhances first responder preparedness
for emergencies and disasters unrelated to acts of terrorism, if such
use assists such governments in achieving essential capabilities for
terrorism preparedness established by the Secretary.
``(d) Reimbursement of Costs.--(1) In addition to the activities
described in subsection (a), a covered grant may be used to provide a
reasonable stipend to paid-on-call or volunteer first responders who
are not otherwise compensated for travel to or participation in
training covered by this section. Any such reimbursement shall not be
considered compensation for purposes of rendering such a first
responder an employee under the Fair Labor Standards Act of 1938 (29
U.S.C. 201 et seq.).
``(2) An applicant for a covered grant may petition the Secretary
for the reimbursement of the cost of any activity relating to
prevention (including detection) of, preparedness for, response to, or
recovery from acts of terrorism that is a Federal duty and usually
performed by a Federal agency, and that is being performed by a State
or local government (or both) under agreement with a Federal agency.
``(e) Assistance Requirement.--The Secretary may not require that
equipment paid for, wholly or in part, with funds provided as a covered
grant be made available for responding to emergencies in surrounding
States, regions, and localities, unless the Secretary undertakes to pay
the costs directly attributable to transporting and operating such
equipment during such response.
``(f) Flexibility in Unspent Homeland Security Grant Funds.--Upon
request by the recipient of a covered grant, the Secretary may
authorize the grantee to transfer all or part of funds provided as the
covered grant from uses specified in the grant agreement to other uses
authorized under this section, if the Secretary determines that such
transfer is in the interests of homeland security.
``(g) State, Regional, and Tribal Responsibilities.--
``(1) Pass-through.--The Secretary shall require a
recipient of a covered grant that is a State to obligate or
otherwise make available to local governments, first
responders, and other local groups, to the extent required
under the State homeland security plan or plans specified in
the application for the grant, not less than 80 percent of the
grant funds, resources purchased with the grant funds having a
value equal to at least 80 percent of the amount of the grant,
or a combination thereof, by not later than the end of the 45-
day period beginning on the date the grant recipient receives
the grant funds.
``(2) Cost sharing.--
``(A) In general.--The Federal share of the costs
of an activity carried out with a covered grant to a
State, region, or directly eligible tribe awarded after
the 2-year period beginning on the date of the
enactment of this section shall not exceed 75 percent.
``(B) Interim rule.--The Federal share of the costs
of an activity carried out with a covered grant awarded
before the end of the 2-year period beginning on the
date of the enactment of this section shall be 100
percent.
``(C) In-kind matching.--Each recipient of a
covered grant may meet the matching requirement under
subparagraph (A) by making in-kind contributions of
goods or services that are directly linked with the
purpose for which the grant is made, including, but not
limited to, any necessary personnel overtime,
contractor services, administrative costs, equipment
fuel and maintenance, and rental space.
``(3) Certifications regarding distribution of grant funds
to local governments.--Any State that receives a covered grant
shall certify to the Secretary, by not later than 30 days after
the expiration of the period described in paragraph (1) with
respect to the grant, that the State has made available for
expenditure by local governments, first responders, and other
local groups the required amount of grant funds pursuant to
paragraph (1).
``(4) Quarterly report on homeland security spending.--The
Federal share described in paragraph (2)(A) may be increased by
up to 2 percent for any State, region, or directly eligible
tribe that, not later than 30 days after the end of each fiscal
quarter, submits to the Secretary a report on that fiscal
quarter. Each such report must include, for each recipient of a
covered grant or a pass-through under paragraph (1)--
``(A) the amount obligated to that recipient in
that quarter;
``(B) the amount expended by that recipient in that
quarter; and
``(C) a summary description of the items purchased
by such recipient with such amount.
``(5) Annual report on homeland security spending.--Each
recipient of a covered grant shall submit an annual report to
the Secretary not later than 60 days after the end of each
Federal fiscal year. Each recipient of a covered grant that is
a region must simultaneously submit its report to each State of
which any part is included in the region. Each recipient of a
covered grant that is a directly eligible tribe must
simultaneously submit its report to each State within the
boundaries of which any part of such tribe is located. Each
report must include the following:
``(A) The amount, ultimate recipients, and dates of
receipt of all funds received under the grant during
the previous fiscal year.
``(B) The amount and the dates of disbursements of
all such funds expended in compliance with paragraph
(1) or pursuant to mutual aid agreements or other
sharing arrangements that apply within the State,
region, or directly eligible tribe, as applicable,
during the previous fiscal year.
``(C) How the funds were utilized by each ultimate
recipient or beneficiary during the preceding fiscal
year.
``(D) The extent to which essential capabilities
identified in the applicable State homeland security
plan or plans were achieved, maintained, or enhanced as
the result of the expenditure of grant funds during the
preceding fiscal year.
``(E) The extent to which essential capabilities
identified in the applicable State homeland security
plan or plans remain unmet.
``(6) Inclusion of restricted annexes.--A recipient of a
covered grant may submit to the Secretary an annex to the
annual report under paragraph (5) that is subject to
appropriate handling restrictions, if the recipient believes
that discussion in the report of unmet needs would reveal
sensitive but unclassified information.
``(7) Provision of reports.--The Secretary shall ensure
that each annual report under paragraph (5) is provided to the
Under Secretary for Emergency Preparedness and Response and the
Director of the Office for Domestic Preparedness.
``(h) Incentives to Efficient Administration of Homeland Security
Grants.--
``(1) Penalties for delay in passing through local share.--
If a recipient of a covered grant that is a State fails to pass
through to local governments, first responders, and other local
groups funds or resources required by subsection (g)(1) within
45 days after receiving funds under the grant, the Secretary
may--
``(A) reduce grant payments to the grant recipient
from the portion of grant funds that is not required to
be passed through under subsection (g)(1);
``(B) terminate payment of funds under the grant to
the recipient, and transfer the appropriate portion of
those funds directly to local first responders that
were intended to receive funding under that grant; or
``(C) impose additional restrictions or burdens on
the recipient's use of funds under the grant, which may
include--
``(i) prohibiting use of such funds to pay
the grant recipient's grant-related overtime or
other expenses;
``(ii) requiring the grant recipient to
distribute to local government beneficiaries
all or a portion of grant funds that are not
required to be passed through under subsection
(g)(1); or
``(iii) for each day that the grant
recipient fails to pass through funds or
resources in accordance with subsection (g)(1),
reducing grant payments to the grant recipient
from the portion of grant funds that is not
required to be passed through under subsection
(g)(1), except that the total amount of such
reduction may not exceed 20 percent of the
total amount of the grant.
``(2) Extension of period.--The Governor of a State may
request in writing that the Secretary extend the 45-day period
under section 1803(e)(5)(E) or paragraph (1) for an additional
15-day period. The Secretary may approve such a request, and
may extend such period for additional 15-day periods, if the
Secretary determines that the resulting delay in providing
grant funding to the local government entities that will
receive funding under the grant will not have a significant
detrimental impact on such entities' terrorism preparedness
efforts.
``(3) Provision of non-local share to local government.--
``(A) In general.--The Secretary may upon request
by a local government pay to the local government a
portion of the amount of a covered grant awarded to a
State in which the local government is located, if--
``(i) the local government will use the
amount paid to expedite planned enhancements to
its terrorism preparedness as described in any
applicable State homeland security plan or
plans;
``(ii) the State has failed to pass through
funds or resources in accordance with
subsection (g)(1); and
``(iii) the local government complies with
subparagraphs (B) and (C).
``(B) Showing required.--To receive a payment under
this paragraph, a local government must demonstrate
that--
``(i) it is identified explicitly as an
ultimate recipient or intended beneficiary in
the approved grant application;
``(ii) it was intended by the grantee to
receive a severable portion of the overall
grant for a specific purpose that is identified
in the grant application;
``(iii) it petitioned the grantee for the
funds or resources after expiration of the
period within which the funds or resources were
required to be passed through under subsection
(g)(1); and
``(iv) it did not receive the portion of
the overall grant that was earmarked or
designated for its use or benefit.
``(C) Effect of payment.--Payment of grant funds to
a local government under this paragraph--
``(i) shall not affect any payment to
another local government under this paragraph;
and
``(ii) shall not prejudice consideration of
a request for payment under this paragraph that
is submitted by another local government.
``(D) Deadline for action by secretary.--The
Secretary shall approve or disapprove each request for
payment under this paragraph by not later than 15 days
after the date the request is received by the
Department.
``(i) Reports to Congress.--The Secretary shall submit an annual
report to the Congress by January 31 of each year covering the
preceding fiscal year--
``(1) describing in detail the amount of Federal funds
provided as covered grants that were directed to each State,
region, and directly eligible tribe in the preceding fiscal
year;
``(2) containing information on the use of such grant funds
by grantees; and
``(3) describing--
``(A) the Nation's progress in achieving,
maintaining, and enhancing the essential capabilities
established by the Secretary as a result of the
expenditure of covered grant funds during the preceding
fiscal year; and
``(B) an estimate of the amount of expenditures
required to attain across the United States the
essential capabilities established by the Secretary.
``SEC. 1807. NATIONAL STANDARDS FOR FIRST RESPONDER EQUIPMENT AND
TRAINING.
``(a) Equipment Standards.--
``(1) In general.--The Secretary, in consultation with the
Under Secretaries for Emergency Preparedness and Response and
Science and Technology and the Director of the Office for
Domestic Preparedness, shall, not later than 6 months after the
date of the enactment of this section, support the development
of, promulgate, and update as necessary national voluntary
consensus standards for the performance, use, and validation of
first responder equipment for purposes of section 1805(e)(7).
Such standards--
``(A) shall be, to the maximum extent practicable,
consistent with any existing voluntary consensus
standards;
``(B) shall take into account, as appropriate, new
types of terrorism threats that may not have been
contemplated when such existing standards were
developed;
``(C) shall be focused on maximizing
interoperability, interchangeability, durability,
flexibility, efficiency, efficacy, portability,
sustainability, and safety; and
``(D) shall cover all appropriate uses of the
equipment.
``(2) Required categories.--In carrying out paragraph (1),
the Secretary shall specifically consider the following
categories of first responder equipment:
``(A) Thermal imaging equipment.
``(B) Radiation detection and analysis equipment.
``(C) Biological detection and analysis equipment.
``(D) Chemical detection and analysis equipment.
``(E) Decontamination and sterilization equipment.
``(F) Personal protective equipment, including
garments, boots, gloves, and hoods and other protective
clothing.
``(G) Respiratory protection equipment.
``(H) Interoperable communications, including
wireless and wireline voice, video, and data networks.
``(I) Explosive mitigation devices and explosive
detection and analysis equipment.
``(J) Containment vessels.
``(K) Contaminant-resistant vehicles.
``(L) Such other equipment for which the Secretary
determines that national voluntary consensus standards
would be appropriate.
``(b) Training Standards.--
``(1) In general.--The Secretary, in consultation with the
Under Secretaries for Emergency Preparedness and Response and
Science and Technology and the Director of the Office for
Domestic Preparedness, shall support the development of,
promulgate, and regularly update as necessary national
voluntary consensus standards for first responder training
carried out with amounts provided under covered grant programs,
that will enable State and local government first responders to
achieve optimal levels of terrorism preparedness as quickly as
practicable. Such standards shall give priority to providing
training to--
``(A) enable first responders to prevent, prepare
for, respond to, mitigate against, and recover from
terrorist threats, including threats from chemical,
biological, nuclear, and radiological weapons and
explosive devices capable of inflicting significant
human casualties; and
``(B) familiarize first responders with the proper
use of equipment, including software, developed
pursuant to the standards established under subsection
(a).
``(2) Required categories.--In carrying out paragraph (1),
the Secretary specifically shall include the following
categories of first responder activities:
``(A) Regional planning.
``(B) Joint exercises.
``(C) Intelligence collection, analysis, and
sharing.
``(D) Emergency notification of affected
populations.
``(E) Detection of biological, nuclear,
radiological, and chemical weapons of mass destruction.
``(F) Such other activities for which the Secretary
determines that national voluntary consensus training
standards would be appropriate.
``(3) Consistency.--In carrying out this subsection, the
Secretary shall ensure that such training standards are
consistent with the principles of emergency preparedness for
all hazards.
``(c) Consultation With Standards Organizations.--In establishing
national voluntary consensus standards for first responder equipment
and training under this section, the Secretary shall consult with
relevant public and private sector groups, including--
``(1) the National Institute of Standards and Technology;
``(2) the National Fire Protection Association;
``(3) the National Association of County and City Health
Officials;
``(4) the Association of State and Territorial Health
Officials;
``(5) the American National Standards Institute;
``(6) the National Institute of Justice;
``(7) the Inter-Agency Board for Equipment Standardization
and Interoperability;
``(8) the National Public Health Performance Standards
Program;
``(9) the National Institute for Occupational Safety and
Health;
``(10) ASTM International;
``(11) the International Safety Equipment Association;
``(12) the Emergency Management Accreditation Program; and
``(13) to the extent the Secretary considers appropriate,
other national voluntary consensus standards development
organizations, other interested Federal, State, and local
agencies, and other interested persons.
``(d) Coordination With Secretary of HHS.--In establishing any
national voluntary consensus standards under this section for first
responder equipment or training that involve or relate to health
professionals, including emergency medical professionals, the Secretary
shall coordinate activities under this section with the Secretary of
Health and Human Services.''.
(b) Definition of Emergency Response Providers.--Paragraph (6) of
section 2 of the Homeland Security Act of 2002 (Public Law 107-296; 6
U.S.C. 101(6)) is amended by striking ``includes'' and all that follows
and inserting ``includes Federal, State, and local governmental and
nongovernmental emergency public safety, law enforcement, fire,
emergency response, emergency medical (including hospital emergency
facilities), and related personnel, organizations, agencies, and
authorities.''.
SEC. 114. SUPERSEDED PROVISION.
This chapter supersedes section 1014(c)(3) of Public Law 107-56.
SEC. 115. OVERSIGHT.
The Secretary of Homeland Security shall establish within the
Office for Domestic Preparedness an Office of the Comptroller to
oversee the grants distribution process and the financial management of
the Office for Domestic Preparedness.
SEC. 116. GAO REPORT ON AN INVENTORY AND STATUS OF HOMELAND SECURITY
FIRST RESPONDER TRAINING.
(a) In General.--The Comptroller General of the United States shall
report to Congress in accordance with this section--
(1) on the overall inventory and status of first responder
training programs of the Department of Homeland Security and
other departments and agencies of the Federal Government; and
(2) the extent to which such programs are coordinated.
(b) Contents of Reports.--The reports under this section shall
include--
(1) an assessment of the effectiveness of the structure and
organization of such training programs;
(2) recommendations to--
(A) improve the coordination, structure, and
organization of such training programs; and
(B) increase the availability of training to first
responders who are not able to attend centralized
training programs;
(3) the structure and organizational effectiveness of such
programs for first responders in rural communities;
(4) identification of any duplication or redundancy among
such programs;
(5) a description of the use of State and local training
institutions, universities, centers, and the National Domestic
Preparedness Consortium in designing and providing training;
(6) a cost-benefit analysis of the costs and time required
for first responders to participate in training courses at
Federal institutions;
(7) an assessment of the approval process for certifying
non-Department of Homeland Security training courses that are
useful for anti-terrorism purposes as eligible for grants
awarded by the Department;
(8) a description of the use of Department of Homeland
Security grant funds by States and local governments to acquire
training;
(9) an analysis of the feasibility of Federal, State, and
local personnel to receive the training that is necessary to
adopt the National Response Plan and the National Incident
Management System; and
(10) the role of each first responder training institution
within the Department of Homeland Security in the design and
implementation of terrorism preparedness and related training
courses for first responders.
(c) Deadlines.--The Comptroller General shall--
(1) submit a report under subsection (a)(1) by not later
than 60 days after the date of the enactment of this Act; and
(2) submit a report on the remainder of the topics required
by this section by not later than 120 days after the date of
the enactment of this Act.
SEC. 117. REMOVAL OF CIVIL LIABILITY BARRIERS THAT DISCOURAGE THE
DONATION OF FIRE EQUIPMENT TO VOLUNTEER FIRE COMPANIES.
(a) Liability Protection.--A person who donates fire control or
fire rescue equipment to a volunteer fire company shall not be liable
for civil damages under any State or Federal law for personal injuries,
property damage or loss, or death caused by the equipment after the
donation.
(b) Exceptions.--Subsection (a) does not apply to a person if--
(1) the person's act or omission causing the injury,
damage, loss, or death constitutes gross negligence or
intentional misconduct; or
(2) the person is the manufacturer of the fire control or
fire rescue equipment.
(c) Preemption.--This section preempts the laws of any State to the
extent that such laws are inconsistent with this section, except that
notwithstanding subsection (b) this section shall not preempt any State
law that provides additional protection from liability for a person who
donates fire control or fire rescue equipment to a volunteer fire
company.
(d) Definitions.--In this section:
(1) Person.--The term ``person'' includes any governmental
or other entity.
(2) Fire control or rescue equipment.--The term ``fire
control or fire rescue equipment'' includes any fire vehicle,
fire fighting tool, communications equipment, protective gear,
fire hose, or breathing apparatus.
(3) State.--The term ``State'' includes the several States,
the District of Columbia, the Commonwealth of Puerto Rico, the
Commonwealth of the Northern Mariana Islands, American Samoa,
Guam, the Virgin Islands, any other territory or possession of
the United States, and any political subdivision of any such
State, territory, or possession.
(4) Volunteer fire company.--The term ``volunteer fire
company'' means an association of individuals who provide fire
protection and other emergency services, where at least 30
percent of the individuals receive little or no compensation
compared with an entry level full-time paid individual in that
association or in the nearest such association with an entry
level full-time paid individual.
(e) Effective Date.--This section applies only to liability for
injury, damage, loss, or death caused by equipment that, for purposes
of subsection (a), is donated on or after the date that is 30 days
after the date of the enactment of this Act.
Subtitle B--Transportation Security
SEC. 121. REPORT ON NATIONAL STRATEGY FOR TRANSPORTATION SECURITY.
(a) Report; Certification.--Not later than 30 days after the date
of the enactment of this Act, and every 30 days thereafter, the
Secretary of Transportation shall submit to the relevant congressional
committees a report on the recommendations of the 9/11 Commission and
the policy goals of the Intelligence Reform and Terrorism Prevention
Act of 2004 (Public Law 108-458) with respect to completion of a
national strategy for transportation security. Such report shall
include--
(1) a certification by the Secretary of Transportation that
such recommendations have been implemented and such policy
goals have been achieved; or
(2) if the Secretary of Transportation is unable to make
the certification described in paragraph (1), a description
of--
(A) the steps taken to implement such
recommendations and achieve such policy goals;
(B) when the Secretary expects such recommendations
to be implemented and such policy goals to be achieved;
and
(C) any allocation of resources or other actions by
Congress the Secretary considers necessary to implement
such recommendations and achieve such policy goals.
(b) Termination of Duty to Report.--The duty to submit a report
under subsection (a) shall terminate when the Secretary of
Transportation submits a certification pursuant to subsection (a)(1).
(c) GAO Review of Certification.--If the Secretary of
Transportation submits a certification pursuant to subsection (a)(1),
not later than 30 days after the submission of such certification, the
Comptroller General shall submit to the relevant congressional
committees a report on whether the recommendations described in such
subsection (e) have been implemented and whether the policy goals
described in subsection (a) have been achieved.
SEC. 122. REPORT ON AIRLINE PASSENGER PRE-SCREENING.
(a) Report; Certification.--Not later than 30 days after the date
of the enactment of this Act, and every 30 days thereafter, the
Secretary of Transportation shall submit to the relevant congressional
committees a report on the recommendations of the 9/11 Commission and
the policy goals of the Intelligence Reform and Terrorism Prevention
Act of 2004 (Public Law 108-458) with respect to improving airline
passenger pre-screening. Such report shall include--
(1) a certification by the Secretary of Transportation that
such recommendations have been implemented and such policy
goals have been achieved; or
(2) if the Secretary of Transportation is unable to make
the certification described in paragraph (1), a description
of--
(A) the steps taken to implement such
recommendations and achieve such policy goals;
(B) when the Secretary expects such recommendations
to be implemented and such policy goals to be achieved;
and
(C) any allocation of resources or other actions by
Congress the Secretary considers necessary to implement
such recommendations and achieve such policy goals.
(b) Termination of Duty to Report.--The duty to submit a report
under subsection (a) shall terminate when the Secretary of
Transportation submits a certification pursuant to subsection (a)(1).
(c) GAO Review of Certification.--If the Secretary of
Transportation submits a certification pursuant to subsection (a)(1),
not later than 30 days after the submission of such certification, the
Comptroller General shall submit to the relevant congressional
committees a report on whether the recommendations described in
subsection (a) have been implemented and whether the policy goals
described in subsection (a) have been achieved.
SEC. 123. REPORT ON DETECTION OF EXPLOSIVES AT AIRLINE SCREENING
CHECKPOINTS.
(a) Report; Certification.--Not later than 30 days after the date
of the enactment of this Act, and every 30 days thereafter, the
Secretary of Transportation shall submit to the relevant congressional
committees a report on the recommendations of the 9/11 Commission and
the policy goals of the Intelligence Reform and Terrorism Prevention
Act of 2004 (Public Law 108-458) with respect to the improvement of
airline screening checkpoints to detect explosives. Such report shall
include--
(1) a certification by the Secretary of Transportation that
such recommendations have been implemented and such policy
goals have been achieved; or
(2) if the Secretary of Transportation is unable to make
the certification described in paragraph (1), a description
of--
(A) the steps taken to implement such
recommendations and achieve such policy goals;
(B) when the Secretary expects such recommendations
to be implemented and such policy goals to be achieved;
and
(C) any allocation of resources or other actions by
Congress the Secretary considers necessary to implement
such recommendations and achieve such policy goals.
(b) Termination of Duty to Report.--The duty to submit a report
under subsection (a) shall terminate when the Secretary of
Transportation submits a certification pursuant to subsection (a)(1).
(c) GAO Review of Certification.--If the Secretary of
Transportation submits a certification pursuant to subsection (a)(1),
not later than 30 days after the submission of such certification, the
Comptroller General shall submit to the relevant congressional
committees a report on whether the recommendations described in
subsection (a) have been implemented and whether the policy goals
described in subsection (a) have been achieved.
SEC. 124. REPORT ON COMPREHENSIVE SCREENING PROGRAM.
(a) Report; Certification.--Not later than 30 days after the date
of the enactment of this Act, and every 30 days thereafter, the
Secretary of Transportation shall submit to the relevant congressional
committees a report on the recommendations of the 9/11 Commission and
the policy goals of the Intelligence Reform and Terrorism Prevention
Act of 2004 (Public Law 108-458) with respect to implementation of a
comprehensive screening program. Such report shall include--
(1) a certification by the Secretary of Transportation that
such recommendations have been implemented and such policy
goals have been achieved; or
(2) if the Secretary of Transportation is unable to make
the certification described in paragraph (1), a description
of--
(A) the steps taken to implement such
recommendations and achieve such policy goals;
(B) when the Secretary expects such recommendations
to be implemented and such policy goals to be achieved;
and
(C) any allocation of resources or other actions by
Congress the Secretary considers necessary to implement
such recommendations and achieve such policy goals.
(b) Termination of Duty to Report.--The duty to submit a report
under subsection (a) shall terminate when the Secretary of
Transportation submits a certification pursuant to subsection (a)(1).
(c) GAO Review of Certification.--If the Secretary of
Transportation submits a certification pursuant to subsection (a)(1),
not later than 30 days after the submission of such certification, the
Comptroller General shall submit to the relevant congressional
committees a report on whether the recommendations described in
subsection (a) have been implemented and whether the policy goals
described in subsection (a) have been achieved.
SEC. 125. RELEVANT CONGRESSIONAL COMMITTEES DEFINED.
In this subtitle, the term ``relevant congressional committees''
means--
(1) the Committee on Homeland Security of the House of
Representatives;
(2) the Committee on Government Reform of the House of
Representatives;
(3) the Committee on Transportation and Infrastructure of
the House of Representatives;
(4) the Committee on Homeland Security and Government
Affairs of the Senate; and
(5) the Committee on Environment and Public Works of the
Senate.
Subtitle C--Border Security
SEC. 131. COUNTERTERRORIST TRAVEL INTELLIGENCE.
(a) Report; Certification.--Not later than 30 days after the date
of the enactment of this Act, and every 30 days thereafter, the
Director of the National Counterterrorism Center shall submit to the
relevant congressional committees a report on the recommendations of
the 9/11 Commission and the policy goals of the Intelligence Reform and
Terrorism Prevention Act of 2004 (Public Law 108-458) with respect to
improving collection and analysis of intelligence on terrorist travel.
Each such report shall include--
(1) a certification that such recommendations have been
implemented and such policy goals have been achieved; or
(2) if the Director of the National Counterterrorism Center
is unable to make the certification described in paragraph (1),
a description of--
(A) the steps taken to implement such
recommendations and achieve such policy goals;
(B) when such recommendations are expected to be
implemented and such policy goals to be achieved; and
(C) any allocation of resources or other actions by
Congress considered necessary to implement such
recommendations and achieve such policy goals.
(b) Termination of Duty to Report.--The duty of the Director of the
National Counterterrorism Center to submit a report under subsection
(a) shall terminate when the Secretary submits a certification pursuant
to subsection (a)(1). The duty of the Director of National Intelligence
to submit a report under subsection (a) shall terminate when the
Director submits a certification pursuant to subsection (a)(1).
(c) GAO Review of Certification.--If the Director of the National
Counterterrorism submits a certification pursuant to subsection (a)(1),
not later than 30 days after the submission of such certification, the
Comptroller General shall submit to the relevant congressional
committees a report on whether the recommendations described in
subsection (a) have been implemented and whether the policy goals
described in subsection (a) have been achieved.
(d) Relevant Congressional Committees Defined.--In this section,
the term ``relevant congressional committees'' means the following:
(1) The Committee on Homeland Security of the House of
Representatives.
(2) The Committee on Government Reform of the House of
Representatives.
(3) The Committee on Transportation and Infrastructure of
the House of Representatives.
(4) The Committee on Homeland Security and Governmental
Affairs of the Senate.
(5) The Committee on Environment and Public Works of the
Senate.
(6) The Select Committee on Intelligence of the Senate.
(7) The Permanent Select Committee on Intelligence of the
House of Representatives.
SEC. 132. COMPREHENSIVE SCREENING SYSTEM.
(a) Report; Certification.--Not later than 30 days after the date
of the enactment of this Act, and every 30 days thereafter, the
Secretary of Homeland Security and the Secretary of Transportation
shall each submit to the relevant congressional committees a report on
the recommendations of the 9/11 Commission and the policy goals of the
Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law
108-458) with respect to the establishment of the comprehensive
screening system described in Presidential Homeland Security Directive
11 (dated August 27, 2004). Each such report shall include--
(1) a certification that such recommendations have been
implemented and such policy goals have been achieved; or
(2) if either the Secretary of Homeland Security or the
Secretary of Transportation is unable to make the certification
described in paragraph (1), a description of--
(A) the steps taken to implement such
recommendations and achieve such policy goals;
(B) when such recommendations are expected to be
implemented and such policy goals to be achieved; and
(C) any allocation of resources or other actions by
Congress considered necessary to implement such
recommendations and achieve such policy goals.
(b) Termination of Duty to Report.--The duty of the Secretary of
Homeland Security to submit a report under subsection (a) shall
terminate when the Secretary of Homeland Security submits a
certification pursuant to subsection (a)(1). The duty of the Secretary
of Transportation to submit a report under subsection (a) shall
terminate when the Secretary of Transportation submits a certification
pursuant to subsection (a)(1).
(c) GAO Review of Certification.--If the Secretary of Homeland
Security and the Secretary of Transportation both submit certifications
pursuant to subsection (a)(1), not later than 30 days after the
submission of such certifications, the Comptroller General shall submit
to the relevant congressional committees a report on whether the
recommendations described in subsection (a) have been implemented and
whether the policy goals described in subsection (a) have been
achieved.
(d) Relevant Congressional Committees Defined.--In this section,
the term ``relevant congressional committees'' means the following:
(1) The Committee on Homeland Security of the House of
Representatives.
(2) The Committee on Government Reform of the House of
Representatives.
(3) The Committee on Transportation and Infrastructure of
the House of Representatives.
(4) The Committee on Homeland Security and Governmental
Affairs of the Senate.
(5) The Committee on Environment and Public Works of the
Senate.
SEC. 133. BIOMETRIC ENTRY AND EXIT DATA SYSTEM.
(a) Report; Certification.--Not later than 30 days after the date
of the enactment of this Act, and every 30 days thereafter, the
Secretary of Homeland Security shall submit to the relevant
congressional committees a report on the recommendations of the 9/11
Commission and the policy goals of the Intelligence Reform and
Terrorism Prevention Act of 2004 (Public Law 108-458) with respect to
the completion of a biometric entry and exit data system. Each such
report shall include--
(1) a certification that such recommendations have been
implemented and such policy goals have been achieved; or
(2) if the Secretary of Homeland Security is unable to make
the certification described in paragraph (1), a description
of--
(A) the steps taken to implement such
recommendations and achieve such policy goals;
(B) when such recommendations are expected to be
implemented and such policy goals to be achieved; and
(C) any allocation of resources or other actions by
Congress the Secretary considers necessary to implement
such recommendations and achieve such policy goals.
(b) Termination of Duty to Report.--The duty to submit a report
under subsection (a) shall terminate when the Secretary of Homeland
Security submits a certification pursuant to subsection (a)(1).
(c) GAO Review of Certification.--If the Secretary of Homeland
Security submits a certification pursuant to subsection (a)(1), not
later than 30 days after the submission of such certification, the
Comptroller General shall submit to the relevant congressional
committees a report on whether the recommendations described in
subsection (a) have been implemented and whether the policy goals
described in subsection (a) have been achieved.
(d) Relevant Congressional Committees Defined.--In this section,
the term ``relevant congressional committees'' means the following:
(1) The Committee on Homeland Security of the House of
Representatives.
(2) The Committee on Government Reform of the House of
Representatives.
(3) The Committee on the Judiciary of the House of
Representatives.
(4) The Committee on Homeland Security and Governmental
Affairs of the Senate.
(5) The Committee on the Judiciary of the Senate.
SEC. 134. INTERNATIONAL COLLABORATION ON BORDER AND DOCUMENT SECURITY.
(a) Report; Certification.--Not later than 30 days after the date
of the enactment of this Act, and every 30 days thereafter, the
Secretary of Homeland Security and the Secretary of State shall each
submit to the relevant congressional committees a report on the
recommendations of the 9/11 Commission and the policy goals of the
Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law
108-458) with respect to international collaboration on border and
document security. Each such report shall include--
(1) a certification that such recommendations have been
implemented and such policy goals have been achieved; or
(2) if either the Secretary of Homeland Security or the
Secretary of State is unable to make the certification
described in paragraph (1), a description of--
(A) the steps taken to implement such
recommendations and achieve such policy goals;
(B) when such recommendations are expected to be
implemented and such policy goals to be achieved; and
(C) any allocation of resources or other actions by
Congress considered necessary to implement such
recommendations and achieve such policy goals.
(b) Termination of Duty to Report.--The duty of the Secretary of
Homeland Security to submit a report under subsection (a) shall
terminate when the Secretary of Homeland Security submits a
certification pursuant to subsection (a)(1). The duty of the Secretary
of State to submit a report under subsection (a) shall terminate when
the Secretary of State submits a certification pursuant to subsection
(a)(1).
(c) GAO Review of Certification.--If the Secretary of Homeland
Security and the Secretary of State both submit certifications pursuant
to subsection (a)(1), not later than 30 days after the submission of
such certifications, the Comptroller General shall submit to the
relevant congressional committees a report on whether the
recommendations described in subsection (a) have been implemented and
whether the policy goals described in subsection (a) have been
achieved.
(d) Watch List.--The Comptroller General shall submit to the
relevant congressional committees a report assessing the sharing of the
consolidated and integrated terrorist watch list maintained by the
Federal Government with countries designated to participate in the visa
waiver program established under section 217 of the Immigration and
Nationality Act (8 U.S.C. 1187).
(e) Fingerprinting in Domestic and Foreign Passports.--
(1) Use in united states passports.--
(A) In general.--Section 215(b) of the Immigration
and Nationality Act (8 U.S.C. 1185(b)) is amended by
inserting after ``passport'' the following: ``that
contains the fingerprints of the citizen involved''.
(B) Effective date.--The amendment made by
subparagraph (A) shall apply to passports issued on or
after the date that is 90 days after the date of the
enactment of this Act.
(2) Use in foreign passports.--
(A) In general.--Section 212(a)(7) of such Act (8
U.S.C. 1182(a)(7)) is amended by adding at the end the
following new subparagraph:
``(C) Requirement for fingerprints on passports.--
No passport of an alien shall be considered valid for
purposes of subparagraph (A) or (B) unless the passport
contains the fingerprints of the alien.''.
(B) Effective date.--The amendment made by
subparagraph (A) shall apply to aliens applying for
admission to the United States on or after the date
that is 90 days after the date of the enactment of this
Act.
(f) Relevant Congressional Committees Defined.--In this section,
the term ``relevant congressional committees'' means the following:
(1) The Committee on Homeland Security of the House of
Representatives.
(2) The Committee on Government Reform of the House of
Representatives.
(3) The Committee on the International Relations of the
House of Representatives.
(4) The Committee on the Judiciary of the House of
Representatives.
(5) The Committee on Homeland Security and Governmental
Affairs of the Senate.
(6) The Committee on the Judiciary of the Senate.
(7) The Committee on Foreign Relations of the Senate.
SEC. 135. STANDARDIZATION OF SECURE IDENTIFICATION.
(a) Report; Certification.--Not later than 30 days after the date
of the enactment of this Act, and every 30 days thereafter, the
Secretary of Homeland Security and the Secretary of Health and Human
Services shall each submit to the relevant congressional committees a
report on the recommendations of the 9/11 Commission and the policy
goals of the Intelligence Reform and Terrorism Prevention Act of 2004
(Public Law 108-458) with respect to the establishment of
standardization of secure identification. Each such report shall
include--
(1) a certification that such recommendations have been
implemented and such policy goals have been achieved; or
(2) if either the Secretary of Homeland Security or the
Secretary of Health and Human Services is unable to make the
certification described in paragraph (1), a description of--
(A) the steps taken to implement such
recommendations and achieve such policy goals;
(B) when such recommendations are expected to be
implemented and such policy goals to be achieved; and
(C) any allocation of resources or other actions by
Congress the Secretary considers necessary to implement
such recommendations and achieve such policy goals.
(b) Termination of Duty to Report.--The duty to submit a report
under subsection (a) shall terminate--
(1) for the Secretary of Homeland Security, when the
Secretary of Homeland Security submits a certification pursuant
to subsection (a)(1); and
(2) for the Secretary of Health and Human Services, when
the Secretary of Health and Human Services submits a
certification pursuant to subsection (a)(1).
(c) GAO Review of Certification.--If the Secretary of Homeland
Security and the Secretary of Health and Human Services submit
certifications pursuant to subsection (a)(1), not later than 30 days
after the submission of such certifications, the Comptroller General
shall submit to the relevant congressional committees a report on
whether the recommendations described in subsection (a) have been
implemented and whether the policy goals described in subsection (a)
have been achieved.
(d) Relevant Congressional Committees Defined.--In this section,
the term ``relevant congressional committees'' means the following:
(1) The Committee on Homeland Security of the House of
Representatives.
(2) The Committee on Government Reform of the House of
Representatives.
(3) The Committee on the Judiciary of the House of
Representatives.
(4) The Committee on Ways and Means of the House of
Representatives.
(5) The Committee on Finance of the Senate.
(6) The Committee on Homeland Security and Governmental
Affairs of the Senate.
SEC. 136. SECURITY ENHANCEMENTS FOR SOCIAL SECURITY CARDS.
(a) Report; Certification.--Not later than 30 days after the date
of the enactment of this Act, and every 30 days thereafter, the
Commissioner of Social Security shall submit to the relevant
congressional committees a report on the recommendations of the 9/11
Commission and the policy goals of the Intelligence Reform and
Terrorism Prevention Act of 2004 (Public Law 108-458) with respect to
security enhancements for social security cards and the implementation
of section 205(c)(2)(C)(iv)(II) of the Social Security Act (42 U.S.C.
405(c)(2)(C)(iv)(II)) (as added by section 7214 of the Intelligence
Reform and Terrorism Prevention Act of 2004 (Public Law 108-458)). Each
such report shall include--
(1) a certification that such recommendations have been
implemented and such policy goals have been achieved; or
(2) if the Commissioner of Social Security is unable to
make the certification described in paragraph (1), a
description of--
(A) the steps taken to implement such
recommendations and achieve such policy goals;
(B) when such recommendations are expected to be
implemented and such policy goals to be achieved; and
(C) any allocation of resources or other actions by
Congress the Commissioner considers necessary to
implement such recommendations and achieve such policy
goals.
(b) Termination of Duty to Report.--The duty to submit a report
under subsection (a) shall terminate when the Commissioner of Social
Security submits a certification pursuant to subsection (a)(1).
(c) GAO Review of Certification.--If the Commissioner of Social
Security submits a certification pursuant to subsection (a)(1), not
later than 30 days after the submission of such certification, the
Comptroller General shall submit to the relevant congressional
committees a report on whether the recommendations described in
subsection (a) have been implemented and whether the policy goals
described in subsection (a) have been achieved.
(d) Relevant Congressional Committees Defined.--In this section,
the term ``relevant congressional committees'' means the following:
(1) The Committee on Homeland Security of the House of
Representatives.
(2) The Committee on Government Reform of the House of
Representatives.
(3) The Committee on the Judiciary of the House of
Representatives.
(4) The Committee on Ways and Means of the House of
Representatives.
(5) The Committee on Finance of the Senate.
(6) The Committee on Homeland Security and Governmental
Affairs of the Senate.
Subtitle D--Homeland Security Appropriations
SEC. 141. HOMELAND SECURITY APPROPRIATIONS.
The following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the Department of Homeland
Security for the fiscal year ending September 30, 2007, and for other
purposes, namely:
customs and border protection
For an additional amount for ``Salaries and Expenses'',
$571,000,000 for necessary expenses for border security, including for
air asset replacement and air operations facilities upgrade, the
acquisition, lease, maintenance, and operation of vehicles.
construction, and radiation portal monitors.
united states citizenship and immigration services
For an additional amount for citizenship and immigration services,
$87,000,000 for necessary expenses, including for business
transformation and fraud detection.
transportation security administration
For an additional amount for ``Aviation Security'', $305,000,000
for necessary expenses, of which--
(1) $250,000,000 shall be made available for aviation
security, including the procurement of explosives monitoring
equipment; and
(2) $55,000,000 shall be made available for air cargo
security, including cargo canine teams and inspectors.
united states coast guard
For an additional amount for ``Acquisition, Construction, and
Improvements'', $184,000,000 for necessary expenses for the Integrated
Deepwater Systems Program for the purchase of ships, planes, and
helicopters.
For an additional amount for ``Operating Expenses'', $23,000,000
for necessary expenses for additional inspectors at foreign and
domestic ports.
office for domestic preparedness
For an additional amount for ``State and Local Programs'',
$2,880,000,000 for necessary expenses, of which--
(1) $790,000,000 shall be made available for first
responder grants;
(2) $500,000,000 shall be made available for
interoperability grants;
(3) $100,000,000 shall be made available for chemical
security grants;
(4) $1,200,000,000 shall be made available for rail
security grants;
(5) $190,000,000 shall be made available for port security
grants; and
(6) $100,000,000 shall be made available for emergency
management performance grants.
federal emergency management agency
For an additional amount for ``Readiness, Mitigation, Response, and
Recovery'', $50,000,000 for necessary expenses.
For an additional amount for ``National Pre-Disaster Mitigation
Fund'', $100,000,000 for necessary expenses.
TITLE II--REFORMING THE INSTITUTIONS OF GOVERNMENT
Subtitle A--Intelligence Community
SEC. 201. REPORT ON DIRECTOR OF NATIONAL INTELLIGENCE.
(a) Report; Certification.--Not later than 30 days after the date
of the enactment of this Act, and every 30 days thereafter, the
Director of National Intelligence shall submit to the relevant
congressional committees a report on the recommendations of the 9/11
Commission and the policy goals of the Intelligence Reform and
Terrorism Prevention Act of 2004 (Public Law 108-458) with respect to
the Director of National Intelligence. Such report shall include--
(1) a certification by the Director of National
Intelligence that such recommendations have been implemented
and such policy goals have been achieved; or
(2) if the Director of National Intelligence is unable to
make the certification described in paragraph (1), a
description of--
(A) the steps taken to implement such
recommendations and achieve such policy goals;
(B) when the Director of National Intelligence
expects such recommendations to be implemented and such
policy goals to be achieved; and
(C) any allocation of resources or other actions by
Congress the Director considers necessary to implement
such recommendations and achieve such policy goals.
(b) Termination of Duty to Report.--The duty to submit a report
under subsection (a) shall terminate when the Director of National
Intelligence submits a certification pursuant to subsection (a)(1).
(c) GAO Review of Certification.--If the Director of National
Intelligence submits a certification pursuant to subsection (a)(1), not
later than 30 days after the submission of such certification, the
Comptroller General shall submit to the relevant congressional
committees a report on whether the recommendations described in
subsection (a) have been implemented and whether the policy goals
described in subsection (a) have been achieved.
(d) GAO Report on DNI Exercise of Authority.--
(1) Annual report.--Not later than 90 days after the date
of the enactment of this Act, and annually thereafter, the
Comptroller General shall submit to the relevant congressional
committees a report on whether--
(A) the Director of National Intelligence has been
able to properly exercise the authority of the Office
of the Director of National Intelligence, including
budget and personnel authority; and
(B) information sharing among the intelligence
community is a high priority.
(2) Termination.--The duty to submit a report under
paragraph (1) shall terminate when the Comptroller General
certifies to the relevant congressional committees that the
recommendations of the 9/11 Commission and the policy goals of
the Intelligence Reform and Terrorism Prevention Act of 2004
(Public Law 108-458) with respect to the Director of National
Intelligence have been achieved.
SEC. 202. REPORT ON NATIONAL COUNTERTERRORISM CENTER.
(a) Report; Certification.--Not later than 30 days after the date
of the enactment of this Act, and every 30 days thereafter, the
Director of National Intelligence shall submit to the relevant
congressional committees a report on the recommendations of the 9/11
Commission and the policy goals of the Intelligence Reform and
Terrorism Prevention Act of 2004 (Public Law 108-458) with respect to
the establishment of a National Counterterrorism Center. Such report
shall include--
(1) a certification by the Director of National
Intelligence that such recommendations have been implemented
and such policy goals have been achieved; or
(2) if the Director of National Intelligence is unable to
make the certification described in paragraph (1), a
description of--
(A) the steps taken to implement such
recommendations and achieve such policy goals;
(B) when the Director of National Intelligence
expects such recommendations to be implemented and such
policy goals to be achieved; and
(C) any allocation of resources or other actions by
Congress the Director considers necessary to implement
such recommendations and achieve such policy goals.
(b) Termination of Duty to Report.--The duty to submit a report
under subsection (a) shall terminate when the Director of National
Intelligence submits a certification pursuant to subsection (a)(1).
(c) GAO Review of Certification.--If the Director of National
Intelligence submits a certification pursuant to subsection (a)(1), not
later than 30 days after the submission of such certification, the
Comptroller General shall submit to the relevant congressional
committees a report on whether the recommendations described in
subsection (a) have been implemented and whether the policy goals
described in subsection (a) have been achieved.
SEC. 203. REPORT ON CREATION OF A FEDERAL BUREAU OF INVESTIGATION
NATIONAL SECURITY WORKFORCE.
(a) Report; Certification.--Not later than 30 days after the date
of the enactment of this Act, and every 30 days thereafter, the
Director of the Federal Bureau of Investigation shall submit to the
relevant congressional committees a report on the recommendations of
the 9/11 Commission and the policy goals of the Intelligence Reform and
Terrorism Prevention Act of 2004 (Public Law 108-458) with respect to
the creation of a Federal Bureau of Investigation national security
workforce. Such report shall include--
(1) a certification by the Director of the Federal Bureau
of Investigation that such recommendations have been
implemented and such policy goals have been achieved; or
(2) if the Director of the Federal Bureau of Investigation
is unable to make the certification described in paragraph (1),
a description of--
(A) the steps taken to implement such
recommendations and achieve such policy goals;
(B) when the Director of the Federal Bureau of
Investigation expects such recommendations to be
implemented and such policy goals to be achieved; and
(C) any allocation of resources or other actions by
Congress the Director of the Federal Bureau of
Investigation considers necessary to implement such
recommendations and achieve such policy goals.
(b) Termination of Duty to Report.--The duty to submit a report
under subsection (a) shall terminate when the Director of the Federal
Bureau of Investigation submits a certification pursuant to subsection
(a)(1).
(c) GAO Review of Certification.--If the Director of the Federal
Bureau of Investigation submits a certification pursuant to subsection
(a)(1), not later than 30 days after the submission of such
certification, the Comptroller General shall submit to the relevant
congressional committees a report on whether the recommendations
described in subsection (a) have been implemented and whether the
policy goals described in subsection (a) have been achieved.
(d) GAO Report on Creation of FBI National Security Workforce.--
(1) Annual report.--Not later than 90 days after the date
of the enactment of this Act, and annually thereafter, the
Comptroller General shall submit to the relevant congressional
committees a report on whether--
(A) there is a sense of urgency within the Federal
Bureau of Investigation to create a national security
workforce to carry out the domestic counterterrorism
mission of the Federal Bureau of Investigation;
(B) the Federal Bureau of Investigation is on track
to create such a workforce; and
(C) the culture of the Federal Bureau of
Investigation allows the Federal Bureau of
Investigation to meet its new challenges and succeed in
its counterterrorism role.
(2) Termination.--The duty to submit a report under
paragraph (1) shall terminate when the Comptroller General
certifies to the relevant congressional committees that the
recommendations of the 9/11 Commission and the policy goals of
the Intelligence Reform and Terrorism Prevention Act of 2004
(Public Law 108-458) with respect to the creation of a Federal
Bureau of Investigation national security workforce have been
achieved.
SEC. 204. REPORT ON NEW MISSIONS FOR THE DIRECTOR OF THE CENTRAL
INTELLIGENCE AGENCY.
(a) Report; Certification.--Not later than 90 days after the date
of the enactment of this Act, and every 90 days thereafter, the
Director of National Intelligence shall submit to the relevant
congressional committees a report on the recommendations of the 9/11
Commission and the policy goals of the Intelligence Reform and
Terrorism Prevention Act of 2004 (Public Law 108-458) with respect to
the new mission of the Director of the Central Intelligence Agency.
Such report shall include--
(1) a certification by the Director of National
Intelligence that such recommendations have been implemented
and such policy goals have been achieved; or
(2) if the Director of National Intelligence is unable to
make the certification described in paragraph (1), a
description of--
(A) the steps taken to implement such
recommendations and achieve such policy goals;
(B) when the Director of National Intelligence
expects such recommendations to be implemented and such
policy goals to be achieved; and
(C) any allocation of resources or other actions by
Congress the Director considers necessary to implement
such recommendations and achieve such policy goals.
(b) Termination of Duty to Report.--The duty to submit a report
under subsection (a) shall terminate when the Director of National
Intelligence submits a certification pursuant to subsection (a)(1).
(c) GAO Review of Certification.--If the Director of National
Intelligence submits a certification pursuant to subsection (a)(1), not
later than 30 days after the submission of such certification, the
Comptroller General shall submit to the relevant congressional
committees a report on whether the recommendations described in
subsection (a) have been implemented and whether the policy goals
described in subsection (a) have been achieved.
(d) GAO Report on Director of the Central Intelligence Agency.--
(1) Annual report.--Not later than 90 days after the date
of the enactment of this Act, and annually thereafter, the
Comptroller General shall submit to the relevant congressional
committees a report on whether the Director of the Central
Intelligence Agency has strong, determined leadership committed
to accelerating the pace of the reforms underway.
(2) Termination.--The duty to submit a report under
paragraph (1) shall terminate when the Comptroller General
certifies to the relevant congressional committees that the
recommendations of the 9/11 Commission and the policy goals of
the Intelligence Reform and Terrorism Prevention Act of 2004
(Public Law 108-458) with respect to the Director of the
Central Intelligence Agency have been achieved.
(e) Sense of Congress.--It is the sense of Congress that Congress
and the leadership of the Central Intelligence Agency should--
(1) regularly evaluate the effectiveness of the national
clandestine service structure to determine if it improves
coordination of human intelligence collection operations and
produces better intelligence results; and
(2) address morale and personnel issues at the Central
Intelligence Agency to ensure the Central Intelligence Agency
remains an effective arm of national power.
SEC. 205. REPORT ON INCENTIVES FOR INFORMATION SHARING.
(a) Report; Certification.--Not later than 30 days after the date
of the enactment of this Act, and every 30 days thereafter, the
Director of the Office of Management and Budget, in consultation with
the Director of National Intelligence and the Program Manager for the
Information Sharing Environment, shall submit to the relevant
congressional committees a report on the recommendations of the 9/11
Commission and the policy goals of the Intelligence Reform and
Terrorism Prevention Act of 2004 (Public Law 108-458) with respect to
the provision of affirmative incentives for information sharing, and
for reducing disincentives to information sharing, across the Federal
Government and with State and local authorities. Such report shall
include--
(1) a certification by the Director of the Office of
Management and Budget that such recommendations have been
implemented and such policy goals have been achieved; or
(2) if the Director of the Office of Management and Budget
is unable to make the certification described in paragraph (1),
a description of--
(A) the steps taken to implement such
recommendations and achieve such policy goals;
(B) when the Director of National Intelligence and
the Program Manager for the Information Sharing
Environment expect such recommendations to be
implemented and such policy goals to be achieved; and
(C) any allocation of resources or other actions by
Congress the Director considers necessary to implement
such recommendations and achieve such policy goals.
(b) Termination of Duty to Report.--The duty to submit a report
under subsection (a) shall terminate when the Director of the Office of
Management and Budget submits a certification pursuant to subsection
(a)(1).
(c) GAO Review of Certification.--If the Director of the Office of
Management and Budget submits a certification pursuant to subsection
(a)(1), not later than 30 days after the submission of such
certification, the Comptroller General shall submit to the relevant
congressional committees a report on whether the recommendations
described in subsection (a) have been implemented and whether the
policy goals described in subsection (a) have been achieved.
SEC. 206. REPORT ON PRESIDENTIAL LEADERSHIP OF NATIONAL SECURITY
INSTITUTIONS IN THE INFORMATION REVOLUTION.
(a) Report; Certification.--Not later than 30 days after the date
of the enactment of this Act, and every 30 days thereafter, the
Director of the Office of Management and Budget, in consultation with
the Director of National Intelligence and the Program Manager for the
Information Sharing Environment, shall submit to the relevant
congressional committees a report on the recommendations of the 9/11
Commission and the policy goals of the Intelligence Reform and
Terrorism Prevention Act of 2004 (Public Law 108-458) with respect to
the leadership of the President of national security institutions into
the information revolution. Such report shall include--
(1) a certification by the Director of the Office of
Management and Budget that such recommendations have been
implemented and such policy goals have been achieved; or
(2) if the Director of the Office of Management and Budget
is unable to make the certification described in paragraph (1),
a description of--
(A) the steps taken to implement such
recommendations and achieve such policy goals;
(B) when the Director of the Office of Management
and Budget expects such recommendations to be
implemented and such policy goals to be achieved; and
(C) any allocation of resources or other actions by
Congress the Director considers necessary to implement
such recommendations and achieve such policy goals.
(b) Termination of Duty to Report.--The duty to submit a report
under subsection (a) shall terminate when the Director of the Office of
Management and Budget submits a certification pursuant to subsection
(a)(1).
(c) GAO Review of Certification.--If the Director of the Office of
Management and Budget submits a certification pursuant to subsection
(a)(1), not later than 30 days after the submission of such
certification, the Comptroller General shall submit to the relevant
congressional committees a report on whether the recommendations
described in subsection (a) have been implemented and whether the
policy goals described in subsection (a) have been achieved.
(d) GAO Report on Information Systems.--
(1) Annual report.--Not later than 90 days after the date
of the enactment of this Act, and annually thereafter, the
Comptroller General shall submit to the relevant congressional
committees a report on whether the departments and agencies of
the Federal Government have the resources and Presidential
support to change information systems to enable information
sharing, policies and procedures that compel sharing, and
systems of performance evaluation to inform personnel on how
well they carry out information sharing.
(2) Termination.--The duty to submit a report under
paragraph (1) shall terminate when the Comptroller General
certifies to the relevant congressional committees that the
recommendations of the 9/11 Commission and the policy goals of
the Intelligence Reform and Terrorism Prevention Act of 2004
(Public Law 108-458) with respect to the leadership of the
President of national security institutions into the
information revolution have been achieved.
SEC. 207. HOMELAND AIRSPACE DEFENSE.
(a) Certification.--Not later than 30 days after the date of the
enactment of this Act, and every 30 days thereafter, the Secretary of
Homeland Security and the Secretary of Defense shall each submit to the
specified congressional committees a certification as to whether the
Federal Government has implemented the policy goals of the Intelligence
Reform and Terrorism Prevention Act of 2004 (Public Law 108-458) and
the recommendations of the National Commission on Terrorist Attacks
Upon the United States regarding homeland and airspace defense. Each
Secretary shall include with such certification recommendations if
further congressional action is necessary. If a Secretary is unable to
certify the goal in the first sentence, the Secretary shall report to
the specified committees what steps have been taken towards
implementation, when implementation can reasonably be expected to be
completed, and whether additional resources or actions from the
Congress are required for implementation.
(b) Comptroller General Report.--Within 30 days of the submission
of both certifications under subsection (a), the Comptroller General of
the United States shall submit to the specified congressional
committees a report verifying that the policy referred to in that
subsection has in fact been implemented and recommendations of any
additional congressional action necessary to implement the goals
referred to in that subsection.
(c) Specified Congressional Committees Defined.--In this section,
the term ``specified congressional committees'' means--
(1) the Committee on Homeland Security, the Committee on
Government Reform, and the Committee on Transportation and
Infrastructure of the House of Representatives; and
(2) the Committee of Homeland Security and Governmental
Affairs and the Committee on Environment and Public Works of
the Senate.
SEC. 208. SEMIANNUAL REPORT ON PLANS AND STRATEGIES OF UNITED STATES
NORTHERN COMMAND FOR DEFENSE OF THE UNITED STATES
HOMELAND.
(a) Findings.--Consistent with the report of the 9/11 Commission,
Congress makes the following findings:
(1) The primary responsibility for national defense is with
the Department of Defense and the secondary responsibility for
national defense is with the Department of Homeland Security,
and the two departments must have clear delineations of
responsibility.
(2) Before September 11, 2001, the North American Aerospace
Defense Command, which had responsibility for defending United
States airspace on September 11, 2001--
(A) focused on threats coming from outside the
borders of the United States; and
(B) had not increased its focus on terrorism within
the United States, even though the intelligence
community had gathered intelligence on the possibility
that terrorists might turn to hijacking and even the
use of airplanes as missiles within the United States.
(3) The United States Northern Command has been established
to assume responsibility for defense within the United States.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Secretary of Defense should regularly assess the
adequacy of the plans and strategies of the United States
Northern Command with a view to ensuring that the United States
Northern Command is prepared to respond effectively to all
military and paramilitary threats within the United States; and
(2) the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives
should periodically review and assess the adequacy of those
plans and strategies.
(c) Semiannual Report.--Not later than 90 days after the date of
the enactment of this Act, and every 180 days thereafter, the Secretary
of Defense shall submit to the Committee on Armed Services of the
Senate and the Committee on Armed Services of the House of
Representatives a report describing the plans and strategies of the
United States Northern Command to defend the United States against
military and paramilitary threats within the United States.
SEC. 209. RELEVANT CONGRESSIONAL COMMITTEES DEFINED.
In this subtitle, the term ``relevant congressional committees''
means the following:
(1) The Committee on Homeland Security of the House of
Representatives.
(2) The Committee on Government Reform, of the House of
Representatives.
(3) The Permanent Select Committee on Intelligence of the
House of Representatives.
(4) The Committee on Homeland Security and Government
Affairs of the Senate.
(5) The Select Committee on Intelligence of the Senate.
Subtitle B--Civil Liberties and Executive Power
SEC. 211. REPORT ON THE BALANCE BETWEEN SECURITY AND CIVIL LIBERTIES.
(a) Report; Certification.--Not later than 30 days after the date
of the enactment of this Act, and every 30 days thereafter, the
Attorney General shall submit to the relevant congressional committees
a report on the recommendations of the 9/11 Commission and the policy
goals of the Intelligence Reform and Terrorism Prevention Act of 2004
(Public Law 108-458) with respect to the balance between security and
civil liberties. Such report shall include--
(1) a certification by the Attorney General that such
recommendations have been implemented and such policy goals
have been achieved; or
(2) if the Attorney General is unable to make the
certification described in paragraph (1), a description of--
(A) the steps taken to implement such
recommendations and achieve such policy goals;
(B) when the Attorney General expects such
recommendations to be implemented and such policy goals
to be achieved; and
(C) any allocation of resources or other actions by
Congress the Attorney General considers necessary to
implement such recommendations and achieve such policy
goals.
(b) Termination of Duty to Report.--The duty to submit a report
under subsection (a) shall terminate when the Attorney General submits
a certification pursuant to subsection (a)(1).
(c) GAO Review of Certification.--If the Attorney General submits a
certification pursuant to subsection (a)(1), not later than 30 days
after the submission of such certification, the Comptroller General
shall submit to the relevant congressional committees a report on
whether the recommendations described in subsection (a) have been
implemented and whether the policy goals described in subsection (a)
have been achieved.
SEC. 212. PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD.
(a) Short Title.--This section may be cited as the ``9/11
Commission Civil Liberties Board Act''.
(b) Findings.--Congress makes the following findings:
(1) On July 22, 2004 the National Commission on Terrorist
Attacks Upon the United States issued a report that included 41
specific recommendations to help prevent future terrorist
attacks, including details of a global strategy and government
reorganization necessary to implement that strategy.
(2) One of the recommendations focused on the protections
of civil liberties. Specifically the following recommendation
was made: ``At this time of increased and consolidated
government authority, there should be a board within the
executive branch to oversee adherence to the guidelines we
recommend and the commitment the government makes to defend our
civil liberties.''.
(3) The report also states that ``the choice between
security and liberty is a false choice, as nothing is more
likely to endanger America's liberties than the success of a
terrorist attack at home. Our History has shown that the
insecurity threatens liberty at home. Yet if our liberties are
curtailed, we lose the values that we are struggling to
defend.''.
(4) On December 17, 2004, Public Law 108-458, the National
Intelligence Reform Act, was signed into law. This law created
a civil liberties board that does not have the authority
necessary to protect civil liberties.
(5) The establishment and adequate funding of a Privacy and
Civil Liberties Oversight Board was a crucial recommendation
made by the 9/11 Commission.
(6) In its Final Report on 9/11 Commission Recommendations,
the Commission noted ``very little urgency'' and
``insufficient'' funding as it relates to the establishment of
the Privacy and Civil Liberties Oversight Board.
(7) While the President's budget submission for fiscal year
2006 included $750,000 for the Privacy and Civil Liberties
Oversight Board, the President's budget submission for fiscal
year 2007 does not contain a funding line for the Board.
(c) Making the Privacy and Civil Liberties Oversight Board
Independent.--Section 1061(b) of the Intelligence Reform and Terrorism
Prevention Act of 2004 is amended by striking ``within the Executive
Office of the President'' and inserting ``as an independent agency
within the Executive branch''.
(d) Requiring All Members of the Privacy and Civil Liberties
Oversight Board Be Confirmed by the Senate.--Subsection (e) of section
1061 of the Intelligence Reform and Terrorism Prevention Act of 2004 is
amended to read as follows:
``(e) Membership.--
``(1) Members.--The Board shall be composed of a full-time
chairman and 4 additional members, who shall be appointed by
the President, by and with the advice and consent of the
Senate.
``(2) Qualifications.--Members of the Board shall be
selected solely on the basis of their professional
qualifications, achievements, public stature, expertise in
civil liberties and privacy, and relevant experience, and
without regard to political affiliation, but in no event shall
more than 3 members of the Board be members of the same
political party. The President shall, before appointing an
individual who is not a member of the same political party as
the President consult with the leadership of that party, if
any, in the Senate and House of Representatives.
``(3) Incompatible office.--An individual appointed to the
Board may not, while serving on the Board, be an elected
official, officer, or employee of the Federal Government, other
than in the capacity as a member of the Board.
``(4) Term.--Each member of the Board shall serve a term of
six years, except that--
``(A) a member appointed to a term of office after
the commencement of such term may serve under such
appointment only for the remainder of such term;
``(B) upon the expiration of the term of office of
a member, the member shall continue to serve until the
member's successor has been appointed and qualified,
except that no member may serve under this
subparagraph--
``(i) for more than 60 days when Congress
is in session unless a nomination to fill the
vacancy shall have been submitted to the
Senate; or
``(ii) after the adjournment sine die of
the session of the Senate in which such
nomination is submitted; and
``(C) the members initially appointed under this
subsection shall serve terms of two, three, four, five,
and six years, respectively, from the effective date of
this Act, with the term of each such member to be
designated by the President.
``(5) Quorum and meetings.--The Board shall meet upon the
call of the chairman or a majority of its members. Three
members of the Board shall constitute a quorum.''.
(e) Subpoena Power for the Privacy and Civil Liberties Oversight
Board.--Section 1061(d) of the Intelligence Reform and Terrorism
Prevention Act of 2004 is amended--
(1) so that subparagraph (D) of paragraph (1) reads as
follows:
``(D) require, by subpoena issued at the direction
of a majority of the members of the Board, persons
(other than departments, agencies, and elements of the
executive branch) to produce any relevant information,
documents, reports, answers, records, accounts, papers,
and other documentary or testimonial evidence.''; and
(2) so that paragraph (2) reads as follows:
``(2) Enforcement of subpoena.--In the case of contumacy or
failure to obey a subpoena issued under paragraph (1)(D), the
United States district court for the judicial district in which
the subpoenaed person resides, is served, or may be found may
issue an order requiring such person to produce the evidence
required by such subpoena.''.
(f) Reporting Requirements.--
(1) Duties of board.--Paragraph (4) of section 1061(c) of
the Intelligence Reform and Terrorism Prevention Act of 2004 is
amended to read as follows:
``(4) Reports.--
``(A) Receipt, review, and submission.--
``(i) In general.--The Board shall--
``(I) receive and review reports
from privacy officers and civil
liberties officers described in section
212; and
``(II) periodically submit, not
less than semiannually, reports to the
appropriate committees of Congress,
including the Committees on the
Judiciary of the Senate and the House
of Representatives, the Committee on
Homeland Security and Governmental
Affairs of the Senate, the Committee on
Government Reform of the House of
Representatives, the Select Committee
on Intelligence of the Senate, and the
Permanent Select Committee on
Intelligence of the House of
Representatives, and to the President.
Such reports shall be in unclassified form to
the greatest extent possible, with a classified
annex where necessary.
``(ii) Contents.--Not less than 2 reports
the Board submits each year under clause
(i)(II) shall include--
``(I) a description of the major
activities of the Board during the
preceding period;
``(II) information on the findings,
conclusions, and recommendations of the
Board resulting from its advice and
oversight functions under subsection
(c);
``(III) the minority views on any
findings, conclusions, and
recommendations of the Board resulting
from its advice and oversight functions
under subsection (c); and
``(IV) each proposal reviewed by
the Board under subsection (c)(1) that
the Board advised against implementing,
but that notwithstanding such advice,
was implemented.
``(B) Informing the public.--The Board shall--
``(i) make its reports, including its
reports to Congress, available to the public to
the greatest extent that is consistent with the
protection of classified information and
applicable law; and
``(ii) hold public hearings and otherwise
inform the public of its activities, as
appropriate and in a manner consistent with the
protection of classified information and
applicable law.''.
(2) Privacy and civil liberties officers.--Section 1062 of
the Intelligence Reform and Terrorism Prevention Act of 2004 is
amended to read as follows:
``SEC. 1062. PRIVACY AND CIVIL LIBERTIES OFFICERS.
``(a) Designation and Functions.--The Attorney General, the
Secretary of Defense, the Secretary of State, the Secretary of the
Treasury, the Secretary of Health and Human Services, the Secretary of
Homeland Security, the National Intelligence Director, the Director of
the Central Intelligence Agency, any other entity within the
intelligence community (as defined in section 3 of the National
Security Act of 1947 (50 U.S.C. 401a)), and the head of any other
department, agency, or element of the executive branch designated by
the Privacy and Civil Liberties Oversight Board to be appropriate for
coverage under this section shall designate not less than 1 senior
officer to--
``(1) assist the head of such department, agency, or
element and other officials of such department, agency, or
element in appropriately considering privacy and civil
liberties concerns when such officials are proposing,
developing, or implementing laws, regulations, policies,
procedures, or guidelines related to efforts to protect the
Nation against terrorism;
``(2) periodically investigate and review department,
agency, or element actions, policies, procedures, guidelines,
and related laws and their implementation to ensure that such
department, agency, or element is adequately considering
privacy and civil liberties in its actions;
``(3) ensure that such department, agency, or element has
adequate procedures to receive, investigate, respond to, and
redress complaints from individuals who allege such department,
agency, or element has violated their privacy or civil
liberties; and
``(4) in providing advice on proposals to retain or enhance
a particular governmental power the officer shall consider
whether such department, agency, or element has established--
``(A) that the power actually enhances security and
the need for the power is balanced with the need to
protect privacy and civil liberties;
``(B) that there is adequate supervision of the use
by such department, agency, or element of the power to
ensure protection of privacy and civil liberties; and
``(C) that there are adequate guidelines and
oversight to properly confine its use.
``(b) Exception to Designation Authority.--
``(1) Privacy officers.--In any department, agency, or
element referred to in subsection (a) or designated by the
Board, which has a statutorily created privacy officer, such
officer shall perform the functions specified in subsection (a)
with respect to privacy.
``(2) Civil liberties officers.--In any department, agency,
or element referred to in subsection (a) or designated by the
Board, which has a statutorily created civil liberties officer,
such officer shall perform the functions specified in
subsection (a) with respect to civil liberties.
``(c) Supervision and Coordination.--Each privacy officer or civil
liberties officer described in subsection (a) or (b) shall--
``(1) report directly to the head of the department,
agency, or element concerned; and
``(2) coordinate their activities with the Inspector
General of such department, agency, or element to avoid
duplication of effort.
``(d) Agency Cooperation.--The head of each department, agency, or
element shall ensure that each privacy officer and civil liberties
officer--
``(1) has the information, material, and resources
necessary to fulfill the functions of such officer;
``(2) is advised of proposed policy changes;
``(3) is consulted by decisionmakers; and
``(4) is given access to material and personnel the officer
determines to be necessary to carry out the functions of such
officer.
``(e) Reprisal for Making Complaint.--No action constituting a
reprisal, or threat of reprisal, for making a complaint or for
disclosing information to a privacy officer or civil liberties officer
described in subsection (a) or (b), or to the Privacy and Civil
Liberties Oversight Board, that indicates a possible violation of
privacy protections or civil liberties in the administration of the
programs and operations of the Federal Government relating to efforts
to protect the Nation from terrorism shall be taken by any Federal
employee in a position to take such action, unless the complaint was
made or the information was disclosed with the knowledge that it was
false or with willful disregard for its truth or falsity.
``(f) Periodic Reports.--
``(1) In general.--The privacy officers and civil liberties
officers of each department, agency, or element referred to or
described in subsection (a) or (b) shall periodically, but not
less than quarterly, submit a report on the activities of such
officers--
``(A)(i) to the appropriate committees of Congress,
including the Committees on the Judiciary of the Senate
and the House of Representatives, the Committee on
Homeland Security and Governmental Affairs of the
Senate, the Committee on Government Reform of the House
of Representatives, the Select Committee on
Intelligence of the Senate, and the Permanent Select
Committee on Intelligence of the House of
Representatives;
``(ii) to the head of such department, agency, or
element; and
``(iii) to the Privacy and Civil Liberties
Oversight Board; and
``(B) which shall be in unclassified form to the
greatest extent possible, with a classified annex where
necessary.
``(2) Contents.--Each report submitted under paragraph (1)
shall include information on the discharge of each of the
functions of the officer concerned, including--
``(A) information on the number and types of
reviews undertaken;
``(B) the type of advice provided and the response
given to such advice;
``(C) the number and nature of the complaints
received by the department, agency, or element
concerned for alleged violations; and
``(D) a summary of the disposition of such
complaints, the reviews and inquiries conducted, and
the impact of the activities of such officer.
``(g) Informing the Public.--Each privacy officer and civil
liberties officer shall--
``(1) make the reports of such officer, including reports
to Congress, available to the public to the greatest extent
that is consistent with the protection of classified
information and applicable law; and
``(2) otherwise inform the public of the activities of such
officer, as appropriate and in a manner consistent with the
protection of classified information and applicable law.
``(h) Savings Clause.--Nothing in this section shall be construed
to limit or otherwise supplant any other authorities or
responsibilities provided by law to privacy officers or civil liberties
officers.
``(i) Protections for Human Research Subjects.--The Secretary of
Homeland Security shall ensure that the Department of Homeland Security
complies with the protections for human research subjects, as described
in part 46 of title 45, Code of Federal Regulations, or in equivalent
regulations as promulgated by such Secretary, with respect to research
that is conducted or supported by such Department.''.
(g) Inclusion in President's Budget Submission to Congress.--
Section 1105(a) of title 31, United States Code, is amended by adding
at the end the following new paragraph:
``(36) a separate statement of the amount of appropriations
requested for the Privacy and Civil Liberties Oversight
Board.''.
(h) Report; Certification.--
(1) Report.--Not later than 30 days after the date of the
enactment of this Act, and every 30 days thereafter, the
Attorney General shall submit to the relevant congressional
committees a report on the extent to which the Administration
has achieved and implemented the policy goals of Public Law
108-458 and the recommendations of the 9/11 Commission
regarding the implementation of the Privacy and Civil Liberties
Oversight Board. Such report shall include--
(A) a certification by the Attorney General that
such recommendations have been implemented and such
policy goals have been achieved; or
(B) if the Attorney General is unable to make the
certification described in subparagraph (A), a
description of--
(i) the steps taken to implement such
recommendations and achieve such policy goals;
(ii) when the Attorney General expects such
recommendations to be implemented and such
policy goals to be achieved; and
(iii) any allocation of resources or other
actions by Congress the Attorney General
considers necessary to implement such
recommendations and achieve such policy goals.
(2) Termination of duty to report.--The duty to submit a
report under paragraph (1) shall terminate when the Attorney
General submits a certification pursuant to paragraph (1)(A).
(3) GAO review of certification.--If the Attorney General
submits a certification pursuant to paragraph (1), not later
than 30 days after the submission of such certification, the
Comptroller General shall submit to the relevant congressional
committees a report on whether the recommendations described in
paragraph (1) have been implemented and whether the policy
goals described in paragraph (1) have been achieved.
SEC. 213. SET PRIVACY GUIDELINES FOR GOVERNMENT SHARING OF PERSONAL
INFORMATION.
(a) Report.--Not later than 30 days after the date of the enactment
of this Act, and every 30 days thereafter, the Attorney General shall
submit to the relevant congressional committees a report on the extent
to which the Administration has achieved and implemented the policy
goals of Public Law 108-458 and the recommendations of the 9/11
Commission regarding the privacy guidelines for government sharing of
personal information. Such report shall include--
(1) a certification by the Attorney General that such
recommendations have been implemented and such policy goals
have been achieved; or
(2) if the Attorney General is unable to make the
certification described in paragraph (1), a description of--
(A) the steps taken to implement such
recommendations and achieve such policy goals;
(B) when the Attorney General expects such
recommendations to be implemented and such policy goals
to be achieved; and
(C) any allocation of resources or other actions by
Congress the Attorney General considers necessary to
implement such recommendations and achieve such policy
goals.
(b) Termination of Duty to Report.--The duty to submit a report
under subsection (a) shall terminate when the Attorney General submits
a certification pursuant to subsection (a)(1).
(c) GAO Review of Certification.--If the Attorney General submits a
certification pursuant to subsection (a), not later than 30 days after
the submission of such certification, the Comptroller General shall
submit to the relevant congressional committees a report on whether the
recommendations described in paragraph (1) have been implemented and
whether the policy goals described in subsection (A) have been
achieved.
SEC. 214. RELEVANT CONGRESSIONAL COMMITTEES DEFINED.
In this subtitle, the term ``relevant congressional committees''
means the Committee on Homeland Security of the House of
Representatives, the Committee on Government Reform of the House of
Representatives, the Committee on Homeland Security and Governmental
Affairs of the Senate, the Committees on the Judiciary of the Senate
and House of Representatives, the Select Committee on Intelligence of
the Senate, and the Permanent Select Committee on Intelligence of the
House of Representatives.
Subtitle C--Intelligence Oversight Reform in the Senate
SEC. 231. SUBCOMMITTEE RELATED TO INTELLIGENCE OVERSIGHT.
(a) Establishment.--There is established in the Select Committee on
Intelligence a Subcommittee on Oversight which shall be in addition to
any other subcommittee established by the select Committee.
(b) Responsibility.--The Subcommittee on Oversight shall be
responsible for ongoing oversight of intelligence activities.
SEC. 232. SUBCOMMITTEE RELATED TO INTELLIGENCE APPROPRIATIONS.
(a) Establishment.--There is established in the Committee on
Appropriations a Subcommittee on Intelligence.
(b) Jurisdiction.--The Subcommittee on Intelligence of the
Committee on Appropriations shall have jurisdiction over funding for
intelligence matters.
SEC. 233. EFFECTIVE DATE.
This subtitle shall take effect on the convening of the 110th
Congress.
Subtitle D--Standardize Security Clearances
SEC. 241. STANDARDIZATION OF SECURITY CLEARANCES.
(a) Report; Certification.--Not later than 30 days after the date
of the enactment of this Act, and every 30 days thereafter, the
Director of the Office of Personnel Management, in consultation with
the Director of National Intelligence, the Secretary of Defense, and
the Secretary of Homeland Security, shall submit to the relevant
congressional committees a report on the recommendations of the 9/11
Commission and the policy goals of section 3001 of the Intelligence
Reform and Terrorism Prevention Act of 2004 (Public Law 108-458) with
respect to security clearances, including with respect to uniform
policies and procedures for the completion of security clearances and
reciprocal recognition of such security clearances among agencies of
the United States Government. Such report shall include--
(1) a certification by the Director of the Office of
Personnel Management that such recommendations have been
implemented and such policy goals have been achieved; or
(2) if the Director of the Office of Personnel Management
is unable to make the certification described in paragraph (1),
a description of--
(A) the steps taken to implement such
recommendations and achieve such policy goals;
(B) when the Director of the Office of Personnel
Management expects such recommendations to be
implemented and such policy goals to be achieved; and
(C) any allocation of resources or other actions by
Congress the Director considers necessary to implement
such recommendations and achieve such policy goals.
(b) Termination of Duty to Report.--The duty to submit a report
under subsection (a) shall terminate when the Director of the Office of
Personnel Management submits a certification pursuant to subsection
(a)(1).
(c) GAO Review of Certification.--If the Director of the Office of
Personnel Management submits a certification pursuant to subsection
(a)(1), not later than 30 days after the submission of such
certification, the Comptroller General shall submit to the relevant
congressional committees a report on whether the recommendations
described in subsection (a) have been implemented and whether the
policy goals described in subsection (a) have been achieved.
TITLE III--FOREIGN POLICY, PUBLIC DIPLOMACY, AND NONPROLIFERATION
Subtitle A--Foreign Policy
SEC. 301. ACTIONS TO ENSURE A LONG-TERM COMMITMENT TO AFGHANISTAN.
(a) Sense of Congress.--It is the sense of Congress that the
Government of the United States--
(1) should give priority to providing assistance to
Afghanistan to establish a substantial economic infrastructure
and a sound economy; and
(2) should continue to provide economic and development
assistance to Afghanistan, including assistance to the Afghan
National Army and the police forces and border police of
Afghanistan.
(b) Report; Certification.--Not later than 90 days after the date
of the enactment of this Act, and every 90 days thereafter, the
President shall submit to the relevant congressional committees a
report on the recommendations of the 9/11 Commission and the policy
goals of section 305 of the Afghanistan Freedom Support Act of 2002 (22
U.S.C. 7555) (as added by section 7104(e)(4)(A) of the Intelligence
Reform and Terrorism Prevention Act of 2004 (Public Law 108-458)) for
ensuring a long-term commitment to Afghanistan. Such report shall
include--
(1) a certification by the President that such
recommendations have been implemented and such policy goals
have been achieved; or
(2) if the President is unable to make the certification
described in paragraph (1), a description of--
(A) the steps taken to implement such
recommendations and achieve such policy goals;
(B) when the President expects such recommendations
to be implemented and such policy goals to be achieved;
and
(C) any allocation of resources or other actions by
Congress the President considers necessary to implement
such recommendations and achieve such policy goals.
(c) Termination of Duty to Report.--The duty to submit a report
under subsection (b) shall terminate when the President submits a
certification pursuant to subsection (b)(1).
(d) GAO Review of Certification.--If the President submits a
certification pursuant to subsection (b)(1), not later than 30 days
after the submission of such certification, the Comptroller General
shall submit to the relevant congressional committees a report on
whether the recommendations described in subsection (b) has been
implemented and whether the policy goals described in subsection (b)
have been achieved.
(e) Relevant Congressional Committees Defined.--In this section,
the term ``relevant congressional committees'' means--
(1) the Committee on International Relations and the
Committee on Government Reform of the House of Representatives;
and
(2) the Committee on Foreign Relations and the Committee on
Homeland Security and Governmental Affairs of the Senate.
SEC. 302. ACTIONS TO SUPPORT PAKISTAN AGAINST EXTREMISTS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the commitment of the President to provide
$3,000,000,000 in assistance over the next five years to
Pakistan should be commended;
(2) the Government of the United States should provide
assistance to Pakistan to improve Pakistan's failing basic
education system and to emphasize development;
(3) the Government of the United States should strongly
urge the Government of Pakistan to close Taliban-linked schools
known as ``madrassas'', close terrorist training camps, and
prevent Taliban forces from operating across the border between
Pakistan and Afghanistan; and
(4) the Government of the United States and the Government
of Pakistan must redouble their efforts to kill or capture
Osama bin Laden and other high-ranking al Qaeda suspects that
may be hiding in or around Pakistan.
(b) Report.--Not later than 90 days after the date of the enactment
of this Act, the Secretary of State shall submit to the Committee on
International Relations of the House of Representatives and the
Committee on Foreign Relations of the Senate a report on efforts by the
Government of Pakistan take the actions described in subsection (a)(3).
SEC. 303. ACTIONS TO SUPPORT REFORM IN SAUDI ARABIA.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Government of the United States and the Government
of Saudi Arabia should accelerate efforts to improve strategic
dialogue between the two countries, increase exchange programs,
and promote pragmatic reforms in Saudi Arabia; and
(2) the Government of Saudi Arabia should take additional
steps to regulate charities and promote tolerance and
moderation.
(b) Report; Certification.--Not later than 90 days after the date
of the enactment of this Act, and every 90 days thereafter, the
Secretary of State shall submit to the relevant congressional
committees a report on the recommendations of the 9/11 Commission and
the policy goals of section 7105 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (Public Law 108-458) for improving
dialogue between the people and Government of the United States and the
people and Government of Saudi Arabia in order to improve the
relationship between the two countries. Such report shall include--
(1) a certification by the Secretary of State that such
recommendations have been implemented and such policy goals
have been achieved; or
(2) if the Secretary of State is unable to make the
certification described in paragraph (1), a description of--
(A) the steps taken to implement such
recommendations and achieve such policy goals;
(B) when the Secretary of State expects such
recommendations to be implemented and such policy goals
to be achieved; and
(C) any allocation of resources or other actions by
Congress the Secretary of State considers necessary to
implement such recommendations and achieve such policy
goals.
(c) Termination of Duty to Report.--The duty to submit a report
under subsection (b) shall terminate when the Secretary of State
submits a certification pursuant to subsection (b)(1).
(d) GAO Review of Certification.--If the Secretary of State submits
a certification pursuant to subsection (b)(1), not later than 30 days
after the submission of such certification, the Comptroller General
shall submit to the relevant congressional committees a report on
whether the recommendations described in subsection (b) have been
implemented and whether the policy goals described in subsection (b)
have been achieved.
(e) Relevant Congressional Committees Defined.--In this section,
the term ``relevant congressional committees'' means--
(1) the Committee on International Relations and the
Committee on Government Reform of the House of Representatives;
and
(2) the Committee on Foreign Relations and the Committee on
Homeland Security and Governmental Affairs of the Senate.
SEC. 304. ELIMINATION OF TERRORIST SANCTUARIES.
(a) National Counterterrorism Center Identification of Terrorist
Sanctuaries.--Subsection (d) of section 119 of National Security Act of
1947 (50 U.S.C. 404o) is amended by adding at the end the following new
paragraph:
``(7) To identify each country whose territory is being
used as a sanctuary for terrorists or terrorist organizations
and each country whose territory may potentially be used as a
sanctuary for terrorists or terrorist organizations and to
develop a comprehensive strategy to eliminate terrorist
sanctuaries.''.
(b) Report.--Such section is further amended by adding at the end
the following new subsection:
``(k) Report on Terrorist Sanctuaries.--Not later than 90 days
after the date of the enactment of this Act, and annually thereafter,
the Director of the National Counterterrorism Center shall submit to
the Committee on International Relations, the Permanent Select
Committee on Intelligence, the Committee on Homeland Security, and the
Committee on Government Reform of the House of Representatives and the
Committee on Foreign Relations, the Select Committee on Intelligence,
and the Committee on Homeland Security and Governmental Affairs of the
Senate a report on terrorist sanctuaries, including a description of
the--
``(1) countries whose territory is being used as a
sanctuary for terrorists or terrorist organizations;
``(2) countries whose territory may potentially be used as
a sanctuary for terrorists or terrorist organizations;
``(3) strategy to eliminate each such sanctuary; and
``(4) progress that has been made in accomplishing such
strategy.''.
SEC. 305. COMPREHENSIVE COALITION STRATEGY AGAINST ISLAMIST TERRORISM.
(a) Sense of Congress.--It is the sense of Congress that the United
States--
(1) should continue to engage other countries in developing
a comprehensive coalition strategy against Islamist terrorism;
and
(2) should use a broader approach to target the roots of
terrorism, including developing strategies with other countries
to encourage reform efforts in Saudi Arabia and Pakistan,
improving educational and economic opportunities in Muslim
countries, identifying and eliminating terrorist sanctuaries,
and making progress in the Arab-Israeli peace process.
(b) Report; Certification.--Not later than 30 days after the date
of the enactment of this Act, and every 30 days thereafter, the
Secretary of State shall submit to the relevant congressional
committees a report on the recommendations of the 9/11 Commission and
the policy goals of section 7117 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (Public Law 108-458) for engaging
other countries in developing a comprehensive coalition strategy for
combating terrorism. Such report shall include--
(1) a certification by the Secretary of State that such
recommendations have been implemented and such policy goals
have been achieved; or
(2) if the Secretary of State is unable to make the
certification described in paragraph (1), a description of--
(A) the steps taken to implement such
recommendations and achieve such policy goals;
(B) when the Secretary of State expects such
recommendations to be implemented and such policy goals
to be achieved; and
(C) any allocation of resources or other actions by
Congress the Secretary of State considers necessary to
implement such recommendations and achieve such policy
goals.
(c) Termination of Duty to Report.--The duty to submit a report
under subsection (b) shall terminate when the Secretary of State
submits a certification pursuant to subsection (b)(1).
(d) GAO Review of Certification.--If the Secretary of State submits
a certification pursuant to subsection (b)(1), not later than 30 days
after the submission of such certification, the Comptroller General
shall submit to the relevant congressional committees a report on
whether the recommendations described in subsection (b) have been
implemented and whether the policy goals described in subsection (b)
have been achieved.
(e) Relevant Congressional Committees Defined.--In this section,
the term ``relevant congressional committees'' means--
(1) the Committee on International Relations and the
Committee on Government Reform of the House of Representatives;
and
(2) the Committee on Foreign Relations and the Committee on
Homeland Security and Governmental Affairs of the Senate.
SEC. 306. STANDARDS FOR THE DETENTION AND HUMANE TREATMENT OF CAPTURED
TERRORISTS.
(a) Report; Certification.--Not later than 30 days after the date
of the enactment of this Act, and every 30 days thereafter, the
Secretary of State, in consultation with the Attorney General, shall
submit to the relevant congressional committees a report on the
recommendations of the 9/11 Commission for engaging United States
allies to develop a common coalition approach toward the detention and
humane treatment of captured terrorists and the policy goals of
sections 1002, 1003, and 1005 of the Department of Defense, Emergency
Supplemental Appropriations to Address Hurricanes in the Gulf of
Mexico, and Pandemic Influenza Act, 2006 (Public Law 109-148). Such
report shall include--
(1) a certification by the Secretary of State that such
recommendations have been implemented and such policy goals
have been achieved; or
(2) if the Secretary of State is unable to make the
certification described in paragraph (1), a description of--
(A) the steps taken to implement such
recommendations and achieve such policy goals;
(B) when the Secretary of State expects such
recommendations to be implemented and such policy goals
to be achieved; and
(C) any allocation of resources or other actions by
Congress the Secretary of State considers necessary to
implement such recommendations and achieve such policy
goals.
(b) Termination of Duty to Report.--The duty to submit a report
under subsection (a) shall terminate when the Secretary of State
submits a certification pursuant to subsection (a)(1).
(c) GAO Review of Certification.--If the Secretary of State submits
a certification pursuant to subsection (a)(1), not later than 30 days
after the submission of such certification, the Comptroller General
shall submit to the relevant congressional committees a report on
whether the recommendations described in subsection (a) have been
implemented and whether the policy goals described in subsection (a)
have been achieved.
(d) Relevant Congressional Committees Defined.--In this section,
the term ``relevant congressional committees'' means--
(1) the Committee on International Relations, the Committee
on Armed Services, and the Committee on Government Reform of
the House of Representatives; and
(2) the Committee on Foreign Relations, the Committee on
Armed Services, and the Committee on Homeland Security and
Governmental Affairs of the Senate.
SEC. 307. USE OF ECONOMIC POLICIES TO COMBAT TERRORISM.
(a) Report; Certification.--Not later than 90 days after the date
of the enactment of this Act, and every 90 days thereafter, the
Secretary of State, in consultation with the United States Trade
Representative, shall submit to the relevant congressional committees a
report on the recommendations of the 9/11 Commission and the policy
goals of section 7115 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (Public Law 108-458) for developing economic
policies to combat terrorism. Such report shall include--
(1) a certification by the Secretary of State that such
recommendations have been implemented and such policy goals
have been achieved, including a description of the extent to
which the policy goals of paragraphs (1) through (4) of section
7115(b) of the Intelligence Reform and Terrorism Prevention Act
of 2004 have been achieved; or
(2) if the Secretary of State is unable to make the
certification described in paragraph (1), a description of--
(A) the steps taken to implement such
recommendations and achieve such policy goals;
(B) when the Secretary of State expects such
recommendations to be implemented and such policy goals
to be achieved; and
(C) any allocation of resources or other actions by
Congress the Secretary of State considers necessary to
implement such recommendations and achieve such policy
goals.
(b) Termination of Duty to Report.--The duty to submit a report
under subsection (a) shall terminate when the Secretary of State
submits a certification pursuant to subsection (a)(1).
(c) GAO Review of Certification.--If the Secretary of State submits
a certification pursuant to subsection (a)(1), not later than 30 days
after the submission of such certification, the Comptroller General
shall submit to the relevant congressional committees a report on
whether the recommendations described in subsection (a) have been
implemented and whether the policy goals described in subsection (a)
have been achieved.
(d) Relevant Congressional Committees Defined.--In this section,
the term ``relevant congressional committees'' means--
(1) the Committee on International Relations and the
Committee on Government Reform of the House of Representatives;
and
(2) the Committee on Foreign Relations and the Committee on
Homeland Security and Governmental Affairs of the Senate.
SEC. 308. ACTIONS TO ENSURE VIGOROUS EFFORTS AGAINST TERRORIST
FINANCING.
(a) Findings.--Congress makes the following findings:
(1) Financial institutions have too little information
about money laundering and terrorist financing compliance in
other markets.
(2) The current Financial Action Task Force designation
system does not adequately represent the progress countries are
making in combatting money laundering.
(3) Lack of information about the compliance of countries
with anti-money laundering standards exposes United States
financial markets to excessive risk.
(4) Failure to designate countries that fail to make
progress in combatting terrorist financing and money laundering
eliminates incentives for internal reform.
(5) The Secretary of the Treasury has an affirmative duty
to provide to financial institutions and examiners the best
possible information on compliance with anti-money laundering
and terrorist financing initiatives in other markets.
(b) Report.--Not later than March 1 each year, the Secretary of the
Treasury shall submit to the relevant congressional committees a report
that identifies the applicable standards of each country against money
laundering and states whether that country is a country of primary
money laundering concern under section 5318A of title 31, United States
Code. The report shall include--
(1) information on the effectiveness of each country in
meeting its standards against money laundering;
(2) a determination of whether that the efforts of that
country to combat money laundering and terrorist financing are
adequate, improving, or inadequate; and
(3) the efforts made by the Secretary to provide to the
government of each such country of concern technical assistance
to cease the activities that were the basis for the
determination that the country was of primary money laundering
concern.
(c) Dissemination of Information in Report.--The Secretary of the
Treasury shall make available to the Federal Financial Institutions
Examination Council for incorporation into the examination process, in
consultation with Federal banking agencies, and to financial
institutions the information contained in the report submitted under
subsection (b). Such information shall be made available to financial
institutions without cost.
(d) Definitions.--In this section:
(1) Financial institution.--The term ``financial
institution'' has the meaning given that term in section
5312(a)(2) of title 31, United States Code.
(2) Relevant congressional committees.--The term ``relevant
congressional committees'' means--
(A) the Committee on Financial Services, the
Committee on Government Reform, and the Committee on
the Judiciary of the House of Representatives; and
(B) the Committee on Banking, Housing, and Urban
Affairs, the Committee on Homeland Security and
Governmental Affairs, and the Committee on the
Judiciary of the Senate.
Subtitle B--Public Diplomacy
SEC. 311. PUBLIC DIPLOMACY RESPONSIBILITIES OF THE DEPARTMENT OF STATE
AND PUBLIC DIPLOMACY TRAINING OF MEMBERS OF THE FOREIGN
SERVICE.
(a) Report; Certification.--Not later than 30 days after the date
of the enactment of this Act, and every 30 days thereafter, the
Secretary of State shall submit to the relevant congressional
committees a report on the recommendations of the 9/11 Commission and
the policy goals of sections 7109 and 7110 the Intelligence Reform and
Terrorism Prevention Act of 2004 (Public Law 108-458), and the
amendments made by such sections, regarding the public diplomacy
responsibilities of the Department of State and public diplomacy
training of members of the Foreign Service. Such report shall include--
(1) a certification by the Secretary of State that such
recommendations have been implemented and such policy goals
have been achieved; or
(2) if the Secretary of State is unable to make the
certification described in paragraph (1), a description of--
(A) the steps taken to implement such
recommendations and achieve such policy goals;
(B) when the Secretary of State expects such
recommendations to be implemented and such policy goals
to be achieved; and
(C) any allocation of resources or other actions by
Congress the Secretary of State considers necessary to
implement such recommendations and achieve such policy
goals.
(b) Termination of Duty to Report.--The duty to submit a report
under subsection (a) shall terminate when the Secretary of State
submits a certification pursuant to subsection (a)(1).
(c) GAO Review of Certification.--If the Secretary of State submits
a certification pursuant to subsection (a)(1), not later than 30 days
after the submission of such certification, the Comptroller General
shall submit to the relevant congressional committees a report on
whether the recommendations described in subsection (a) have been
implemented and whether the policy goals described in subsection (a)
have been achieved.
(d) Relevant Congressional Committees Defined.--In this section,
the term ``relevant congressional committees'' means--
(1) the Committee on International Relations and the
Committee on Government Reform of the House of Representatives;
and
(2) the Committee on Foreign Relations and the Committee on
Homeland Security and Governmental Affairs of the Senate.
SEC. 312. INTERNATIONAL BROADCASTING.
(a) Report.--Not later than 90 days after the date of the enactment
of this Act, the Broadcasting Board of Governors shall submit to the
relevant congressional committees a report on--
(1) the activities of Radio Sawa and Radio Al-Hurra; and
(2) the extent to which the activities of Radio Sawa and
Radio Al-Hurra have been successful, including an analysis of
impact of the activities on the audience and audience
demographics and whether or not funding is adequate to carry
out the activities.
(b) Relevant Congressional Committees Defined.--In this section,
the term ``relevant congressional committees'' means--
(1) the Committee on International Relations and the
Committee on Government Reform of the House of Representatives;
and
(2) the Committee on Foreign Relations and the Committee on
Homeland Security and Governmental Affairs of the Senate.
SEC. 313. EXPANSION OF UNITED STATES SCHOLARSHIP, EXCHANGE, AND LIBRARY
PROGRAMS IN THE ISLAMIC WORLD.
(a) Report; Certification.--Not later than 30 days after the date
of the enactment of this Act, and every 30 days thereafter, the
Secretary of State shall submit to the relevant congressional
committees a report on the recommendations of the 9/11 Commission and
the policy goals of sections 7112 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (Public Law 108-458) for expanding
United States scholarship, exchange, and library programs in the
Islamic world. Such report shall include--
(1) a certification by the Secretary of State that such
recommendations have been implemented and such policy goals
have been achieved; or
(2) if the Secretary of State is unable to make the
certification described in paragraph (1), a description of--
(A) the steps taken to implement such
recommendations and achieve such policy goals;
(B) when the Secretary of State expects such
recommendations to be implemented and such policy goals
to be achieved; and
(C) any allocation of resources or other actions by
Congress the Secretary of State considers necessary to
implement such recommendations and achieve such policy
goals.
(b) Termination of Duty to Report.--The duty to submit a report
under subsection (a) shall terminate when the Secretary of State
submits a certification pursuant to subsection (a)(1).
(c) GAO Review of Certification.--If the Secretary of State submits
a certification pursuant to subsection (a)(1), not later than 30 days
after the submission of such certification, the Comptroller General
shall submit to the relevant congressional committees a report on
whether the recommendations described in subsection (a) have been
implemented and whether the policy goals described in subsection (a)
have been achieved.
(d) Relevant Congressional Committees Defined.--In this section,
the term ``relevant congressional committees'' means--
(1) the Committee on International Relations and the
Committee on Government Reform of the House of Representatives;
and
(2) the Committee on Foreign Relations and the Committee on
Homeland Security and Governmental Affairs of the Senate.
SEC. 314. INTERNATIONAL YOUTH OPPORTUNITY FUND.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Middle East Partnership Initiative (MEPI) and the
United States Agency for International Development should be
commended for initiating programs in predominantly Muslim
countries to support secular education improvements and the
teaching of English, including programs that focus on the
education of women;
(2) the secular education programs of MEPI and the United
States Agency for International Development are a constructive
start to answering the challenge of secular education in
predominantly Muslim countries;
(3) the secular education programs of MEPI and the United
States Agency for International Development should be
components of an overall strategy for educational assistance--
itself one component of an overall United States strategy for
counterterrorism--targeted where the need and the benefit to
the national security of the United States are greatest; and
(4) upon formation of a broader strategy for international
educational assistance targeted toward the Middle East, a
significant increase in funding for these initiatives should be
provided.
(b) International Youth Opportunity Fund.--There are authorized to
be appropriated to the Secretary of State $50,000,000 for each of
fiscal years 2007 and 2008 to support the establishment of an
International Youth Opportunity Fund pursuant to section 7114 of the
Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law
108-458).
Subtitle C--Nonproliferation
SEC. 321. SHORT TITLE.
This subtitle may be cited as the ``Omnibus Nonproliferation and
Anti-Nuclear Terrorism Act of 2006''.
SEC. 322. FINDINGS.
Congress makes the following findings:
(1) Loose nuclear weapons and materials in the former
soviet union.--
(A) There are in the world today enormous
stockpiles of nuclear weapons and the materials
required to make them. Counting materials both in
assembled warheads and in other forms, worldwide totals
are estimated to encompass some 1,900 tons of highly
enriched uranium (enough for 143,000 nuclear weapons)
and 1,855 tons of plutonium (enough for 330,000 nuclear
weapons).
(B) The Russian Federation alone is estimated to
have over 1,000 tons of highly enriched uranium (enough
for over 80,000 nuclear weapons) and 140 tons of
plutonium (enough for over 30,000 nuclear weapons).
(C) The United States has been working for over a
decade to eliminate stockpiles of loose nuclear weapons
and materials in the former Soviet Union, but the
Department of Energy acknowledges that there is still a
need to properly secure about 460 tons of weapons-
usable Russian nuclear material (outside of warheads),
enough for more than 35,000 nuclear weapons.
(D) A recent report by the Central Intelligence
Agency faulted the security of nuclear arsenal
facilities in the Russian Federation and assessed that
``undetected smuggling has occurred.''
(E) There are at least 18 documented incidents of
``proliferation significant'' fissile material
trafficking from facilities in the former Soviet Union
between 1991 and 2001. In one incident in 1998, an
inside conspiracy at a Russian nuclear weapons facility
attempted to steal 18.5 kilograms of highly enriched
uranium. In another incident, 2 kilograms of highly
enriched uranium taken from a research facility in
Sukhumi, Georgia, has never been recovered.
(F) In May 1994, German police found a small but
worrisome quantity of supergrade plutonium in the
garage of Adolf Jackle. Extremely expensive to produce,
this rare item was likely stolen from one of Russia's
two premier nuclear weapons laboratories.
(G) Comprehensive security upgrades are not yet
completed at 90 percent of Russian nuclear warhead
bunkers for Russia's Strategic Rocket Forces.
(H) Border security in the former Soviet Union is
inconsistent at best. Existing infrastructure helps at
the outer borders of the former Soviet Union but many
borders internal to the former Soviet Union, such as
the border between Kazakhstan and the Russian
Federation, exist only on a map.
(2) Loose nuclear materials around the globe.--
(A) Dangerous caches of weapons-usable nuclear
materials, much of it poorly secured and vulnerable to
theft, exist in a multitude of facilities around the
world. For example, there are over 130 research
reactors in over 40 countries that house highly
enriched uranium, some with enough to manufacture an
atomic bomb. In total, about 40 tons of highly enriched
uranium, enough for over 1,000 nuclear weapons, is
estimated to remain in civilian research reactors.
(B) Over the last 50 years, the United States is
known to have exported about 27.5 tons of highly
enriched uranium to 43 countries to help develop
nuclear power production or bolster scientific
initiatives. In 1996, the United States began an effort
to recover the more than 17.5 tons of the nuclear
material that was still overseas, but has recovered
only about 1 ton, according to the Department of Energy
and the Government Accountability Office.
(C) It is especially important to keep highly
enriched uranium out of terrorists' hands because, with
minimal expertise, they could use it to make the
simplest, gun-type nuclear weapon--a device in which a
high explosive is used to blow one subcritical piece of
highly enriched uranium from one end of a tube into
another subcritical piece held at the opposite end of
the tube.
(D) To Osama bin Laden, acquiring weapons of mass
destruction is a ``religious duty''. Al Qaeda and more
than two dozen other terrorist groups are pursuing
capability to use weapons of mass destruction.
(E) Osama bin Laden's press spokesman, Sulaiman Abu
Ghaith, has announced that the group aspires ``to kill
4 million Americans, including 1 million children,'' in
response to casualties supposedly inflicted on Muslims
by the United States and Israel.
(F) Al Qaeda documents recovered in Afghanistan
reveal a determined research effort focused on nuclear
weapons.
(3) Security standards for all nuclear weapons and
materials.--
(A) There are no international binding standards
for the secure handling and storage of nuclear weapons
and materials.
(B) Making a nuclear weapon requires only 4 to 5
kilograms of plutonium or 12 to 15 kilograms of highly
enriched uranium.
(C) In October 2001, the United States Government
became very concerned that Al Qaeda may have smuggled a
10-kiloton Russian nuclear warhead into New York City.
If placed in lower Manhattan, such a device would
probably kill 100,000 people instantly, seriously
injure tens of thousands more, and render the entire
area uninhabitable for decades to come.
(4) Russia's nuclear expertise.--
(A) Employment at the large nuclear facilities in
the Russian Federation's 10 closed nuclear cities is
estimated to be in the range of 120,000 to 130,000
people, of whom approximately 75,000 were employed on
nuclear weapons-related work.
(B) Poor wages and living conditions in Russian
``nuclear cities'' have inspired protests and strikes
among the employees working in them.
(C) Insiders have been caught attempting to smuggle
nuclear materials out of these facilities, presumably
to sell on the lucrative black market.
SEC. 323. ESTABLISHMENT OF OFFICE OF NONPROLIFERATION PROGRAMS IN THE
EXECUTIVE OFFICE OF THE PRESIDENT.
(a) Establishment.--There is established in the Executive Office of
the President an Office of Nonproliferation Programs (in this section
referred to as the ``Office'').
(b) Director; Associate Directors.--There shall be at the head of
the Office a Director who shall be appointed by the President, by and
with the advice and consent of the Senate, and who shall be compensated
at the rate provided for level II of the Executive Schedule in section
5313 of title 5, United States Code. The President is authorized to
appoint not more than four Associate Directors, by and with the advice
and consent of the Senate, who shall be compensated at a rate not to
exceed that provided for level III of the Executive Schedule in section
5314 of such title. Associate Directors shall perform such functions as
the Director may prescribe.
(c) Primary Functions of Director.--
(1) In general.--The primary function of the Director is to
coordinate and lead--
(A) efforts by the United States to curb terrorist
access to nuclear technology, materials, or expertise;
and
(B) other United States nonproliferation
activities, including nuclear nonproliferation
activities and activities to counter other weapons of
mass destruction.
(2) Specific functions.--In addition to such other
functions and activities as the President may assign, the
Director shall--
(A) advise the President, and others within the
Executive Office of the President, on the role and
effect of such nonproliferation activities on national
security and international relations;
(B) lead the development and implementation of a
plan (including appropriate budgets, other resources,
goals, and metrics for assessing progress) to ensure
that all the highest-priority actions to prevent
terrorists from getting and using nuclear weapons are
taken in the shortest possible time, including but not
limited to a fast-paced global effort to ensure that
every nuclear warhead and every kilogram of weapons-
usable nuclear material worldwide is secured and
accounted for, to standards sufficient to defeat
demonstrated terrorist and criminal threats, as rapidly
as that objective can be accomplished;
(C) identify obstacles to accelerating and
strengthening efforts to prevent terrorists from
getting and using nuclear weapons, and raise approaches
to overcoming these obstacles for action by the
President or other appropriate officials;
(D) lead an effort, to be carried out jointly by
the various Federal agencies responsible for carrying
out such nonproliferation activities, to establish
priorities among those activities and to develop and
implement strategies and budgets that reflect those
priorities;
(E) build strong partnerships with respect to such
nonproliferation activities among Federal, State, and
local governments, foreign governments, international
organizations, and nongovernmental organizations; and
(F) evaluate the scale, quality, and effectiveness
of the Federal effort with respect to such
nonproliferation activities and advise on appropriate
actions.
SEC. 324. REMOVAL OF RESTRICTIONS ON COOPERATIVE THREAT REDUCTION
PROGRAMS.
(a) Repeal of Restrictions.--
(1) Restrictions on assistance in destroying former soviet
weapons.--Section 211(b) of the Soviet Nuclear Threat Reduction
Act of 1991 (22 U.S.C. 2551 note) is repealed.
(2) Restrictions on authority to carry out ctr programs.--
Section 1203(d) of the Cooperative Threat Reduction Act of 1993
(title XII of Public Law 103-160; 22 U.S.C. 5952(d)) is
repealed.
(3) Limitation on use of funds for chemical weapons
destruction.--Section 1305 of the National Defense
Authorization Act for Fiscal Year 2000 (22 U.S.C. 5952 note) is
repealed.
(b) Exemption From Limitations.--Cooperative Threat Reduction
programs may be carried out notwithstanding any other provision of law,
subject to congressional notification and reporting requirements that
apply to the use of funds available for Cooperative Threat Reduction
programs or the carrying out of projects or activities under such
programs.
(c) Inapplicability of Other Restrictions.--Section 502 of the
Freedom for Russia and Emerging Eurasian Democracies and Open Markets
Support Act of 1992 (22 U.S.C. 5852) shall not apply to any Cooperative
Threat Reduction program.
SEC. 325. REMOVAL OF RESTRICTIONS ON DEPARTMENT OF ENERGY
NONPROLIFERATION PROGRAMS.
Section 4301 of the Atomic Energy Defense Act (50 U.S.C. 2561) is
repealed.
SEC. 326. MODIFICATIONS OF AUTHORITY TO USE COOPERATIVE THREAT
REDUCTION PROGRAM FUNDS OUTSIDE THE FORMER SOVIET UNION.
Section 1308 of the National Defense Authorization Act for Fiscal
Year 2004 (Public Law 108-136; 117 Stat. 1662; 22 U.S.C. 5963) is
amended--
(1) by striking ``President'' each place it appears and
inserting ``Secretary of Defense'';
(2) in subsection (a), by striking ``each of the
following'' and all that follows through the period at the end
and inserting the following: ``that such project or activity
will--
``(1) assist the United States in the resolution of a
critical emerging proliferation threat; or
``(2) permit the United States to take advantage of
opportunities to achieve long-standing nonproliferation
goals.'';
(3) by striking subsections (c) and (d); and
(4) by redesignating subsection (e) as subsection (c).
SEC. 327. MODIFICATIONS OF AUTHORITY TO USE INTERNATIONAL NUCLEAR
MATERIALS PROTECTION AND COOPERATION PROGRAM FUNDS
OUTSIDE THE FORMER SOVIET UNION.
Section 3124 of the National Defense Authorization Act for Fiscal
Year 2004 (Public Law 108-136; 117 Stat. 1747) is amended--
(1) by striking ``President'' each place it appears and
inserting ``Secretary of Energy'';
(2) in subsection (a), by striking ``each of the
following'' and all that follows through the period at the end
and inserting the following: ``that such project or activity
will--
``(1) assist the United States in the resolution of a
critical emerging proliferation threat; or
``(2) permit the United States to take advantage of
opportunities to achieve long-standing nonproliferation
goals.'';
(3) by striking subsections (c) and (d); and
(4) by redesignating subsection (e) as subsection (c).
SEC. 328. SPECIAL REPORTS ON ADHERENCE TO ARMS CONTROL AGREEMENTS AND
NONPROLIFERATION COMMITMENTS.
(a) Reports Required.--At least annually, the Secretary of State
shall submit to the appropriate congressional committees a report on
each country in which a Cooperative Threat Reduction program is being
carried out. The report shall describe that country's commitments to--
(1) making substantial national investments in
infrastructure to secure, safeguard, and destroy weapons of
mass destruction;
(2) forgoing any military modernization exceeding
legitimate defense requirements, including replacement of
weapons of mass destruction;
(3) forgoing any use of fissionable materials or any other
components of deactivated nuclear weapons in a new nuclear
weapons program;
(4) complying with all relevant arms control agreements;
(5) adopting and enforcing national and international
export controls over munitions and dual-use items; and
(6) facilitating the verification by the United States and
international community of that country's compliance with such
commitments.
(b) Form.--The report required under subsection (a) may be
submitted with the report required under section 403 of the Arms
Control and Disarmament Act (22 U.S.C. 2593a).
SEC. 329. PRESIDENTIAL REPORT ON IMPEDIMENTS TO CERTAIN
NONPROLIFERATION ACTIVITIES.
Not later than 90 days after the date of the enactment of this Act,
the President shall submit to the appropriate congressional committees
a report identifying impediments (including liability concerns,
taxation issues, access rights, and other impediments) to--
(1) the ongoing renegotiation of the umbrella agreement
relating to Cooperative Threat Reduction; and
(2) the ongoing negotiations for the implementation of the
Plutonium Disposition Program, the Nuclear Cities Initiative,
and other defense nuclear nonproliferation programs.
SEC. 330. ENHANCEMENT OF GLOBAL THREAT REDUCTION INITIATIVE.
Section 3132 of the Ronald W. Reagan National Defense Authorization
Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 2166; 50 U.S.C.
2569) is amended--
(1) in subsection (b)--
(A) in the subsection heading, by striking
``Program Authorized'' and inserting ``Program
Required''; and
(B) by striking ``The Secretary of Energy may'' and
inserting ``The President, acting through the Secretary
of Energy, shall''; and
(2) in subsection (c)(1), by adding at the end the
following new subparagraph:
``(N) Take such other actions as may be necessary to
effectively implement the Global Threat Reduction
Initiative.''.
SEC. 331. EXPANSION OF PROLIFERATION SECURITY INITIATIVE.
(a) Sense of Congress Relating to Proliferation Security
Initiative.--It is the sense of Congress that--
(1) the President should strive to expand and strengthen
the Proliferation Security Initiative announced by the
President on May 31, 2003, placing particular emphasis on
including countries outside of NATO; and
(2) the United States should engage the United Nations to
develop a Security Council Resolution to authorize the
Proliferation Security Initiative under international law,
including by providing legal authority to stop shipments of
weapons of mass destruction, their delivery systems, and
related materials.
(b) Authorization of Appropriations Relating to Proliferation
Security Initiative.--There are authorized to be appropriated for
fiscal year 2007, $50,000,000 to conduct joint training exercises
regarding interdiction of weapons of mass destruction under the
Proliferation Security Initiative. Particular emphasis should be given
to allocating funds from such amount--
(1) to invite other countries that do not participate in
the Proliferation Security Initiative to observe the joint
training exercises; and
(2) to conduct training exercises with countries that
openly join the Proliferation Security Initiative after the
date of the enactment of this Act.
SEC. 332. SENSE OF CONGRESS RELATING TO INTERNATIONAL SECURITY
STANDARDS FOR NUCLEAR WEAPONS AND MATERIALS.
It is the sense of Congress that the President should seek to
devise and implement standards to improve the security of nuclear
weapons and materials by--
(1) establishing with other willing nations a set of
performance-based standards for the security of nuclear weapons
and weapons;
(2) negotiating with those nations an agreement to adopt
the standards and implement appropriate verification measures
to assure ongoing compliance; and
(3) coordinating with those nations and the International
Atomic Energy Agency to strongly encourage other states to
adopt and verifiably implement the standards.
SEC. 333. AUTHORIZATION OF APPROPRIATIONS RELATING TO INVENTORY OF
RUSSIAN TACTICAL NUCLEAR WARHEADS AND DATA EXCHANGES.
In addition to any other amounts authorized to be appropriated for
such purposes, there are authorized to be appropriated to the
Administrator for Nuclear Security for fiscal year 2007, $5,000,000 for
assistance to Russia to facilitate the conduct of a comprehensive
inventory of the stockpile of Russia of--
(1) non-strategic nuclear weapons; and
(2) nuclear weapons, whether strategic or non-strategic,
that are not secured by PALs or other electronic means.
SEC. 334. REPORT ON ACCOUNTING FOR AND SECURING OF RUSSIA'S NON-
STRATEGIC NUCLEAR WEAPONS.
Not later than 120 days after the date of the enactment of this
Act, the Secretary of Defense shall submit to the appropriate
congressional committees a report on Russia's non-strategic nuclear
weapons. The report shall--
(1) detail past and current efforts of the United States to
encourage a proper accounting for and securing of Russia's non-
strategic nuclear weapons and Russia's nuclear weapons, whether
strategic or non-strategic, that are not secured by PALs or
other electronic means;
(2) detail the actions that are most likely to lead to
progress in improving the accounting for and securing or
dismantlement of such weapons; and
(3) detail the feasibility of enhancing the national
security of the United States by developing increased
transparency between the United States and Russia with respect
to the numbers, locations, and descriptions of such weapons and
of the corresponding weapons of the United States.
SEC. 335. RESEARCH AND DEVELOPMENT INVOLVING ALTERNATIVE USE OF WEAPONS
OF MASS DESTRUCTION EXPERTISE.
(a) Authority to Use Funds.--Notwithstanding any other provision of
law and subject to subsection (c), any funds available to a department
or agency of the Federal Government may be used to conduct non-defense
research and development in Russia and the states of the former Soviet
Union on technologies specified in subsection (b) utilizing scientists
in Russia and the states of the former Soviet Union who have expertise
in--
(1) nuclear weapons; or
(2) chemical or biological weapons, but only if such
scientists no longer engage, or have never engaged, in
activities supporting prohibited chemical or biological
capabilities.
(b) Technologies.--The technologies specified in this subsection
are technologies on the following:
(1) Environmental restoration and monitoring.
(2) Proliferation detection.
(3) Health and medicine, including research.
(4) Energy.
(c) Limitation.--Funds may not be used under subsection (a) for
research and development if the Secretary of State, in consultation
with the Secretary of Defense and the Secretary of Energy, determines
that such research and development will--
(1) pose a threat to the security interests of the United
States; or
(2) further materially any defense technology.
(d) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the Department of State $20,000,000 for fiscal year 2007 for
the following purposes:
(A) To make determinations under subsection (c).
(B) To defray any increase in costs incurred by the
Department of State, or any other department or agency
of the Federal Government, for research and
development, or demonstration, as a result of research
and development conducted under this section.
(2) Availability.--(A) Amounts authorized to be
appropriated by paragraph (1) are authorized to remain
available until expended.
(B) Any amount transferred to a department or agency of the
Federal Government pursuant to paragraph (1)(B) shall be merged
with amounts available to such department or agency to cover
costs concerned, and shall be available for the same purposes,
and for the same period, as amounts with which merged.
SEC. 336. STRENGTHENING THE NUCLEAR NONPROLIFERATION TREATY.
(a) Findings.--Congress makes the following findings:
(1) Article IV of the Treaty on the Non-Proliferation of
Nuclear Weapons (commonly referred to as the Nuclear
Nonproliferation Treaty or NPT) (21 UST 483) states that
countries that are parties to the treaty have the ``inalienable
right . . . to develop research, production and use of nuclear
energy for peaceful purposes without discrimination and in
conformity with articles I and II of this treaty.''.
(2) The rights outlined under article IV include all fuel
cycle activities, despite the fact that uranium enrichment and
plutonium production potentially put a country in a position to
produce weapons usable material.
(3) David Bergmann, former chairman of the Israeli Atomic
Energy Commission, stated: ``. . . by developing atomic energy
for peaceful uses, you reach the nuclear weapon option. There
are not two atomic energies''.
(4) The wording of article IV has made it possible for
countries that are parties to the NPT treaty to use peaceful
nuclear programs as a cover for weapons programs. In
particular, the misuse by North Korea and Iran of these
provisions threatens to undercut the viability of the nuclear
nonproliferation regime and the entire system of international
nuclear commerce.
(5) If the international community fails to devise
effective measures to deal with the ``loophole'' in article IV,
then there is a great likelihood that the ranks of countries
possessing nuclear weapons will increase markedly in the next
decade.
(b) Presidential Report on Control of Nuclear Fuel Cycle
Technologies and Material.--Not later than 90 days after the date of
the enactment of this Act, the President shall submit to the
appropriate congressional committees a report identifying ways to more
effectively control nuclear fuel cycle technologies and material,
including ways that the United States can mobilize the international
community to close the ``loophole'' of article IV of the NPT, without
undermining the treaty itself.
SEC. 337. DEFINITIONS.
In this subtitle:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on International Relations, the
Committee on Armed Services, the Committee on Homeland
Security, and the Committee on Appropriations of the
House of Representatives; and
(B) the Committee on Foreign Relations, the
Committee on Armed Services, the Committee on Homeland
Security and Governmental Affairs, and the Committee on
Appropriations of the Senate.
(2) Cooperative threat reduction programs.--The term
``Cooperative Threat Reduction programs'' means programs and
activities specified in section 1501(b) of the National Defense
Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110
Stat. 2731; 50 U.S.C. 2362 note).
DIVISION B--COMBATTING TERRORISM
SEC. 1001. SHORT TITLE.
This division may be cited as the ``Targeting Terrorists More
Effectively Act of 2006''.
TITLE XI--EFFECTIVELY TARGETING TERRORISTS
SEC. 1101. SENSE OF CONGRESS ON SPECIAL OPERATIONS FORCES AND RELATED
MATTERS.
It is the sense of Congress that--
(1) the number of active-duty Army Special Forces-qualified
personnel should be increased during the four years after the
date of the enactment of this Act so that on the date that is
four years after the date of such enactment such number is
9,290;
(2) an additional 16 Predator aircraft should be acquired
for the Air Force Special Operations Command by the end of
fiscal year 2008;
(3) an additional Special Operations squadron should be
established not later than fiscal year 2009; and
(4) the increase in the number of regular and reserve
component personnel who are assigned civil affairs duty should
be accelerated.
SEC. 1102. FOREIGN LANGUAGE EXPERTISE.
(a) Findings.--Congress makes the following findings:
(1) Success in the global war on terrorism will require a
dramatic increase in institutional and personal expertise in
the languages and cultures of the societies where terrorism has
taken root, including a substantial increase in the number of
national security personnel who obtain expert lingual training.
(2) The National Commission on Terrorist Attacks Upon the
United States identified the countries in the Middle East,
South Asia, Southeast Asia, and West Africa as countries that
serve or could serve as terrorist havens.
(3) Although 22 countries have Arabic as their official
language, the National Commission on Terrorist Attacks Upon the
United States found that a total of only 6 undergraduate
degrees for the study of Arabic were granted by United States
colleges and universities in 2002.
(4) The report of the National Commission on Terrorist
Attacks Upon the United States contained several criticisms of
the lack of linguistic expertise in the Central Intelligence
Agency and the Federal Bureau of Investigation prior to the
September 11, 2001 terrorist attacks, and called for the
Central Intelligence Agency to ``develop a stronger language
program, with high standards and sufficient financial
incentives''.
(5) An audit conducted by the Department of Justice in July
2004, revealed that the Federal Bureau of Investigation has a
backlog of hundreds of thousands of untranslated audio
recordings from terror and espionage investigations.
(6) The National Security Education Program Trust Fund,
which funds critical grant and scholarship programs for
linguistic training in regions critical to national security,
will have exhausted all its funding by fiscal year 2006, unless
additional appropriations are made to the Trust Fund.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the overwhelming majority of Muslims reject terrorism
and a small, radical minority has grossly distorted the
teachings of one of the world's great faiths to seek
justification for acts of terrorism, such radical Islamic
fundamentalism constitutes a primary threat to the national
security interests of the United States, and an effective
strategy for combating terrorism should include increasing the
number of personnel throughout the Federal Government with
expertise in languages spoken in predominately Muslim countries
and in the culture of such countries;
(2) Muslim-Americans constitute an integral and cherished
part of the fabric of American society and possess many
talents, including linguistic, historic, and cultural expertise
that should be harnessed in the war against radical,
fundamentalist terror; and
(3) amounts appropriated for the National Flagship Language
Initiative pursuant to the amendments made by subsection (e)(2)
should be used to support the establishment, operation, and
improvement of programs for the study of Arabic, Persian, and
other Middle Eastern, South Asian, Southeast Asian, and West
African languages in institutes of higher education in the
United States.
(c) Authorization of Appropriations.--
(1) National security education trust fund.--Section 810 of
the David L. Boren National Security Education Act of 1991 (50
U.S.C. 1910) is amended by adding at the end the following:
``(d) Authorization of Appropriations for the Fund for Fiscal Year
2007.--
``(1) In general.--There are authorized to be appropriated
to the Fund $150,000,000 for fiscal year 2007.
``(2) Availability of funds.--Amounts appropriated pursuant
to the authorization of appropriations in paragraph (1) shall
remain available until expended and not more than $15,000,000
of such amounts may be obligated and expended during any fiscal
year.''.
(2) National flagship language initiative.--
(A) In general.--Section 811(a) of the David L.
Boren National Security Education Act of 1991 (50
U.S.C. 1911(a)) is amended by striking ``there is
authorized to be appropriated to the Secretary for each
fiscal year, beginning with fiscal year 2003,
$10,000,000'' and inserting ``there are authorized to
be appropriated to the Secretary for each fiscal year
2003 through 2006, $10,000,000, and for each fiscal
year after fiscal year 2006, $20,000,000,''.
(B) Availability of funds.--Section 811(b) of such
Act (50 U.S.C. 1911(b)) is amended by inserting ``for
fiscal years 2003 through 2006'' after ``this
section''.
(3) Demonstration program.--There are authorized to be
appropriated to the Director of National Intelligence such sums
as may be necessary for each of fiscal years 2007, 2008, and
2009 in order to carry out the demonstration program
established under subsection (c).
SEC. 1103. CURTAILING TERRORIST FINANCING.
(a) Findings.--Congress makes the following findings:
(1) The report of the National Commission on Terrorist
Attacks Upon the United States stated that ``[v]igorous efforts
to track terrorist financing must remain front and center in
United States counterterrorism efforts''.
(2) The report of the Independent Task Force sponsored by
the Council on Foreign Relations stated that ``currently
existing U. S. and international policies, programs,
structures, and organizations will be inadequate to assure
sustained results commensurate with the ongoing threat posed to
the national security of the United States''.
(3) The report of the Independent Task Force contained the
conclusion that ``[l]ong-term success will depend critically
upon the structure, integration, and focus of the U. S.
Government--and any intergovernmental efforts undertaken to
address this problem''.
(b) Policy.--It is the policy of the United States--
(1) to work with the Government of Saudi Arabia to curtail
terrorist financing originating from that country using a range
of methods, including diplomacy, intelligence, and law
enforcement;
(2) to ensure effective coordination and sufficient
resources for efforts of the agencies and departments of the
United States to disrupt terrorist financing by carrying out,
through the Office of Terrorism and Financial Intelligence in
the Department of the Treasury, a comprehensive analysis of the
budgets and activities of all such agencies and departments
that are related to disrupting the financing of terrorist
organizations;
(3) to provide each agency or department of the United
States with the appropriate number of personnel to carry out
the activities of such agency or department related to
disrupting the financing of terrorist organizations;
(4) to centralize the coordination of the efforts of the
United States to combat terrorist financing and utilize
existing authorities to identify foreign jurisdictions and
foreign financial institutions suspected of abetting terrorist
financing and take actions to prevent the provision of
assistance to terrorists; and
(5) to work with other countries to develop and enforce
strong domestic terrorist financing laws, and increase funding
for bilateral and multilateral programs to enhance training and
capacity-building in countries who request assistance.
(c) Authorization of Appropriations To Provide Technical Assistance
To Prevent Financing of Terrorists.--
(1) In general.--There are authorized to be appropriated to
the President for the ``Economic Support Fund'' to provide
technical assistance under the provisions of chapter 4 of part
II of the Foreign Assistance Act of 1961 (22 U.S.C. 2346 et
seq.) to foreign countries to assist such countries in
preventing the financing of terrorist activities--
(A) for fiscal year 2007, $300,000,000; and
(B) for fiscal years 2008 and 2009, such sums as
may be necessary.
(2) Availability of funds.--Amounts appropriated pursuant
to the authorization of appropriations in this subsection are
authorized to remain available until expended.
(3) Additional funds.--Amounts authorized to be
appropriated under this subsection are in addition to amounts
otherwise available for such purposes.
SEC. 1104. PROHIBITION ON TRANSACTIONS WITH COUNTRIES THAT SUPPORT
TERRORISM.
(a) Clarification of Certain Actions Under IEEPA.--In any case in
which the President takes action under the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.) with respect to a foreign
country, or persons dealing with or associated with the government of
that foreign country, and the government of that foreign country is
determined by the Secretary of State to have repeatedly provided
support for acts of international terrorism, such action shall apply to
a United States person or other person.
(b) Definitions.--In this section:
(1) Controlled in fact.--The term ``is controlled in fact''
includes--
(A) in the case of a corporation, holds at least 50
percent (by vote or value) of the capital structure of
the corporation; and
(B) in the case of any other kind of legal entity,
holds interests representing at least 50 percent of the
capital structure of the entity.
(2) State.--The term ``State'' means each of the several
States of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, Guam, the Virgin Islands, and
other territories or possessions of the United States.
(3) United states person.--The term ``United States
person'' includes any United States citizen, permanent resident
alien, entity organized under the law of the United States or
of any State (including foreign branches), wherever located, or
any other person in the United States.
(c) Applicability.--
(1) In general.--In any case in which the President has
taken action under the International Emergency Economic Powers
Act and such action is in effect on the date of the enactment
of this Act, the provisions of subsection (a) shall not apply
to a United States person (or other person) if such person
divests or terminates its business with the government or
person identified by such action within 90 days after the date
of the enactment of this Act.
(2) Actions after date of enactment.--In any case in which
the President takes action under the International Emergency
Economic Powers Act on or after the date of the enactment of
this Act, the provisions of subsection (a) shall not apply to a
United States person (or other person) if such person divests
or terminates its business with the government or person
identified by such action within 90 days after the date of such
action.
(d) Notification of Congress of Termination of Investigation by
Office of Foreign Assets Control.--The Office of Federal Procurement
Policy Act (41 U.S.C. 403 et seq.) is amended by adding at the end the
following new section:
``SEC. 42. NOTIFICATION OF CONGRESS OF TERMINATION OF INVESTIGATION BY
OFFICE OF FOREIGN ASSETS CONTROL.
``The Director of the Office of Foreign Assets Control shall notify
Congress upon the termination of any investigation by the Office of
Foreign Assets Control of the Department of the Treasury if any
sanction is imposed by the Director of such office as a result of the
investigation.''.
SEC. 1105. COMPTROLLER GENERAL REPORT ON UNITED KINGDOM AND UNITED
STATES ANTI-TERRORISM POLICIES AND PRACTICES.
(a) Report Required.--Not later than July 1, 2007, the Comptroller
General of the United States shall submit to Congress a report setting
forth a comparative analysis of the anti-terrorism policies and
practices of the United Kingdom and the United States.
(b) Elements.--The report required by subsection (a) shall include
a comparative analysis of the following:
(1) The counter-intelligence laws and methods of the United
Kingdom and the United States.
(2) The structure of the intelligence and law enforcement
agencies of the United Kingdom Government and the United States
Government.
(3) The compliance by the executive agencies of the United
Kingdom and the United States with the laws of such country
applicable to terrorism.
(4) The constitutional and legal considerations that enter
into the development of anti-terrorism policies in the United
Kingdom and the United States.
SEC. 1106. ENHANCEMENT OF INTELLIGENCE COMMUNITY EFFORTS TO BRING OSAMA
BIN LADEN AND OTHER AL QAEDA LEADERS TO JUSTICE.
(a) Additional Appropriation for Intelligence Community Management
Account.--There is hereby appropriated for the fiscal year ending
September 30, 2007, for the Intelligence Community Management Account
$200,000,000 which amount shall be available only for a unit dedicated
to bringing to justice Osama bin Laden and other key leaders of al
Qaeda.
(b) Reports on Efforts.--Not later than 60 days after the date of
the enactment of this Act, and every 90 days thereafter, the Secretary
of Defense shall, in consultation with other appropriate officials,
submit to the congressional defense committees, the Committee on
International Relations of the House of Representatives, and the
Committee on Foreign Relations of the Senate a classified report on
progress made by the operations in the global war on terrorism for
which funding is provided in subsection (a), including--
(1) an assessment of the likely current location of
terrorist leaders (including Osama bin Laden and other key
leaders of al Qaeda);
(2) a description of ongoing efforts to bring to justice
such terrorists;
(3) a description of the cooperation provided by the
governments of any countries assessed as likely locations of
top leaders of al Qaeda and by other relevant countries;
(4) a description of diplomatic efforts currently being
made to improve the cooperation of any governments described in
paragraph (3); and
(5) a description of the status of, and strategy for
bringing to justice, perpetrators of terrorism including the
top leadership of al Qaeda.
TITLE XII--PREVENTING THE GROWTH OF RADICAL ISLAMIC FUNDAMENTALISM
Subtitle A--Quality Educational Opportunities
SEC. 1201. FINDINGS, POLICY, AND DEFINITION.
(a) Findings.--Congress makes the following findings:
(1) The report of the National Commission on Terrorist
Attacks Upon the United States stated that ``[e]ducation that
teaches tolerance, the dignity and value of each individual,
and respect for different beliefs is a key element in any
global strategy to eliminate Islamic terrorism''.
(2) According to the United Nations Development Program
Arab Human Development Report for 2002, 10,000,000 children
between the ages of 6 through 15 in the Arab world do not
attend school, and \2/3\ of the 65,000,000 illiterate adults in
the Arab world are women.
(3) The report of the National Commission on Terrorist
Attacks Upon the United States concluded that ensuring
educational opportunity is essential to the efforts of the
United States to defeat global terrorism and recommended that
the United States Government ``should offer to join with other
nations in generously supporting [spending funds] . . .
directly on building and operating primary and secondary
schools in those Muslim states that commit to sensibly
investing financial resources in public education''.
(b) Policy.--It is the policy of the United States--
(1) to work toward the goal of dramatically increasing the
availability of basic education in the developing world, which
will reduce the influence of radical madrassas and other
institutions that promote religious extremism;
(2) to join with other countries in generously supporting
the International Youth Opportunity Fund authorized under
section 7114 of the 9/11 Commission Implementation Act of 2004
(Public Law 108-458), with the goal of building and operating
primary and secondary schools in Muslim countries that commit
to sensibly investing the resources of such countries in public
education;
(3) to work with the international community, including
foreign countries and international organizations to raise
$7,000,000,000 to $10,000,000,000 each year to fund education
programs in Muslim countries;
(4) to offer additional incentives to countries to increase
the availability of basic education; and
(5) to work to prevent financing of educational
institutions that support radical Islamic fundamentalism.
(c) Appropriate Congressional Committees Defined.--In this
subtitle, the term ``appropriate congressional committees'' means the
Committee on Foreign Relations and the Committee on Appropriations of
the Senate and the Committee on International Relations and the
Committee on Appropriations of the House of Representatives.
SEC. 1202. ANNUAL REPORT TO CONGRESS.
Not later than June 1 each year, the Secretary of State shall
submit to the appropriate congressional committees a report on the
efforts of countries in the developing world to increase the
availability of basic education and to close educational institutions
that promote religious extremism and terrorism. Each report shall
include--
(1) a list of countries that are making serious and
sustained efforts to increase the availability of basic
education and to close educational institutions that promote
religious extremism and terrorism;
(2) a list of countries that are making efforts to increase
the availability of basic education and to close educational
institutions that promote religious extremism and terrorism,
but such efforts are not serious and sustained; and
(3) a list of countries that are not making efforts to
increase the availability of basic education and to close
educational institutions that promote religious extremism and
terrorism.
SEC. 1203. AUTHORIZATION OF APPROPRIATIONS.
(a) International Education Programs.--There are authorized to be
appropriated to the President for ``Development Assistance'' for
international education programs carried out under sections 105 and 496
of the Foreign Assistance Act of 1961 (22 U.S.C. 2151c and 2293)--
(1) for fiscal year 2007, $1,000,000,000; and
(2) for fiscal years 2008 and 2009, such sums as may be
necessary.
(b) International Youth Opportunity Fund.--There are authorized to
be appropriated to the President for fiscal years 2007, 2008, and 2009
such sums as may be necessary for the United States contribution to the
International Youth Opportunity Fund authorized under section 7114 of
the 9/11 Commission Implementation Act of 2004 (Public Law 108-458) for
international education programs.
(c) Additional Funds.--Amounts authorized to be appropriated in
this section are in addition to amounts otherwise available for such
purposes.
Subtitle B--Democracy and Development in the Muslim World
SEC. 1211. PROMOTING DEMOCRACY AND DEVELOPMENT IN THE MIDDLE EAST,
CENTRAL ASIA, SOUTH ASIA, AND SOUTHEAST ASIA.
(a) Findings.--Congress makes the following findings:
(1) Al-Qaeda and affiliated groups have established a
terrorist network with linkages throughout the Middle East,
Central Asia, South Asia, and Southeast Asia.
(2) While political repression and lack of economic
development do not justify terrorism, increased political
freedoms and economic growth can contribute to an environment
that undercuts tendencies and conditions that facilitate the
rise of terrorist organizations.
(3) It is in the national security interests of the United
States to promote democracy, good governance, political
freedom, independent media, women's rights, private sector
development, and open economic systems in the countries of the
Middle East, Central Asia, South Asia, and Southeast Asia.
(b) Policy.--It is the policy of the United States--
(1) to promote the objectives described in subsection
(a)(3) in the countries of the Middle East, Central Asia, South
Asia, and Southeast Asia;
(2) to provide assistance and resources to organizations
that are committed to promoting such objectives; and
(3) to work with other countries and international
organizations to increase the resources devoted to promoting
such objectives.
(c) Strategy.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State shall submit to Congress
a strategy to promote the policy of the United States set out in
subsection (b). Such strategy shall describe how funds appropriated
pursuant to the authorization of appropriations in subsection (d) will
be used.
(d) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
the President for the ``Economic Support Fund'' for activities
carried out under chapter 4 of part II of the Foreign
Assistance Act of 1961 (22 U.S.C. 2346 et seq.) to promote the
policy of the United States set out in subsection (b)--
(A) for fiscal year 2007, $500,000,000; and
(B) for fiscal years 2008 and 2009, such sums as
may be necessary.
(2) Sense of congress on use of funds.--It is the sense of
Congress that a substantial portion of the funds appropriated
pursuant to the authorization of appropriations in paragraph
(1) should be made available to non-governmental organizations
that have a record of success working in the countries of the
Middle East, Central Asia, South Asia, and Southeast Asia to
build and support democratic institutions, democratic parties,
human rights organizations, independent media, and the efforts
to promote the rights of women.
(3) Additional funds.--Amounts authorized to be
appropriated in paragraph (1) are in addition to amounts
otherwise available for such purposes.
SEC. 1212. MIDDLE EAST FOUNDATION.
(a) Purposes.--The purposes of this section are to support, through
the provision of grants, technical assistance, training, and other
programs, in the countries of the Middle East, the expansion of--
(1) civil society;
(2) opportunities for political participation for all
citizens;
(3) protections for internationally recognized human
rights, including the rights of women;
(4) educational system reforms;
(5) independent media;
(6) policies that promote economic opportunities for
citizens;
(7) the rule of law; and
(8) democratic processes of government.
(b) Middle East Foundation.--
(1) Designation.--The Secretary of State is authorized to
designate an appropriate private, nonprofit organization that
is organized or incorporated under the laws of the United
States or of a State as the Middle East Foundation (referred to
in this section as the ``Foundation'').
(2) Funding.--The Secretary of State is authorized to
provide funding to the Foundation through the Middle East
Partnership Initiative of the Department of State. The
Foundation shall use amounts provided under this paragraph to
carry out the purposes of this section, including through
making grants and providing other assistance to entities to
carry out programs for such purposes.
(3) Notification to congressional committees.--The
Secretary of State shall notify the Committee on Foreign
Relations of the Senate and the Committee on International
Relations of the House of Representatives prior to designating
an appropriate organization as the Foundation.
(c) Grants for Projects.--
(1) Foundation to make grants.--The Secretary of State
shall enter into an agreement with the Foundation that requires
the Foundation to use the funds provided under subsection
(b)(2) to make grants to persons (other than governments or
government entities) located in the Middle East or working with
local partners based in the Middle East to carry out projects
that support the purposes specified in subsection (a).
(2) Center for public policy.--Under the agreement
described in paragraph (1), the Foundation may make a grant to
an institution of higher education located in the Middle East
to create a center for public policy for the purpose of
permitting scholars and professionals from the countries of the
Middle East and from other countries, including the United
States, to carry out research, training programs, and other
activities to inform public policymaking in the Middle East and
to promote broad economic, social, and political reform for the
people of the Middle East.
(3) Applications for grants.--An entity seeking a grant
from the Foundation under this section shall submit an
application to the head of the Foundation at such time, in such
manner, and including such information as the head of the
Foundation may reasonably require.
(d) Private Character of the Foundation.--Nothing in this section
shall be construed to--
(1) make the Foundation an agency or establishment of the
United States Government, or to make the officers or employees
of the Foundation officers or employees of the United States
for purposes of title 5, United States Code; or
(2) to impose any restriction on the Foundation's
acceptance of funds from private and public sources in support
of its activities consistent with the purposes of this section.
(e) Limitation on Payments to Foundation Personnel.--No part of the
funds provided to the Foundation under this section shall inure to the
benefit of any officer or employee of the Foundation, except as salary
or reasonable compensation for services.
(f) Retention of Interest.--The Foundation may hold funds provided
under this section in interest-bearing accounts prior to the
disbursement of such funds to carry out the purposes of this section,
and may retain for use for such purposes any interest earned without
returning such interest to the Treasury of the United States and
without further appropriation by Congress.
(g) Financial Accountability.--
(1) Independent private audits of the foundation.--The
accounts of the Foundation shall be audited annually in
accordance with generally accepted auditing standards by
independent certified public accountants or independent
licensed public accountants certified or licensed by a
regulatory authority of a State or other political subdivision
of the United States. The report of the independent audit shall
be included in the annual report required by subsection (h).
(2) GAO audits.--The financial transactions undertaken
pursuant to this section by the Foundation may be audited by
the General Accounting Office in accordance with such
principles and procedures and under such rules and regulations
as may be prescribed by the Comptroller General of the United
States.
(3) Audits of grant recipients.--
(A) In general.--A recipient of a grant from the
Foundation shall agree to permit an audit of the books
and records of such recipient related to the use of the
grant funds.
(B) Recordkeeping.--Such recipient shall maintain
appropriate books and records to facilitate an audit
referred to subparagraph (A), including--
(i) separate accounts with respect to the
grant funds;
(ii) records that fully disclose the use of
the grant funds;
(iii) records describing the total cost of
any project carried out using grant funds; and
(iv) the amount and nature of any funds
received from other sources that were combined
with the grant funds to carry out a project.
(h) Annual Reports.--Not later than January 31, 2007, and annually
thereafter, the Foundation shall submit to Congress and make available
to the public an annual report that includes, for the fiscal year prior
to the fiscal year in which the report is submitted, a comprehensive
and detailed description of--
(1) the operations and activities of the Foundation that
were carried out using funds provided under this section;
(2) grants made by the Foundation to other entities with
funds provided under this section;
(3) other activities of the Foundation to further the
purposes of this section; and
(4) the financial condition of the Foundation.
Subtitle C--Restoring American Moral Leadership
SEC. 1221. ADVANCING UNITED STATES INTERESTS THROUGH PUBLIC DIPLOMACY.
(a) Findings.--Congress makes the following findings:
(1) The United States needs to improve its communication of
information and ideas to people in foreign countries,
particularly in countries with significant Muslim populations.
(2) Public diplomacy should reaffirm the paramount
commitment of the United States to democratic principles,
including preserving the civil liberties of all the people of
the United States, including Muslim-Americans.
(3) The report of the National Commission on Terrorist
Attacks Upon the United States stated that, ``Recognizing that
Arab and Muslim audiences rely on satellite television and
radio, the government has begun some promising initiatives in
television and radio broadcasting to the Arab world, Iran, and
Afghanistan. These efforts are beginning to reach large
audiences. The Broadcasting Board of Governors has asked for
much larger resources. It should get them.''.
(4) A significant expansion of United States international
broadcasting would provide a cost-effective means of improving
communication with countries with significant Muslim
populations by providing news, information, and analysis, as
well as cultural programming, through both radio and television
broadcasts.
(b) Special Authority for Surge Capacity.--The United States
International Broadcasting Act of 1994 (22 U.S.C. 6201 et seq.) is
amended by adding at the end the following new section:
``SEC. 316. SPECIAL AUTHORITY FOR SURGE CAPACITY.
``(a) Emergency Authority.--
``(1) In general.--Whenever the President determines it to
be important to the national interests of the United States and
so certifies to the appropriate congressional committees, the
President, on such terms and conditions as the President may
determine, is authorized to direct any department, agency, or
other entity of the United States to furnish the Broadcasting
Board of Governors with such assistance as may be necessary to
provide international broadcasting activities of the United
States with a surge capacity to support United States foreign
policy objectives during a crisis abroad.
``(2) Supersedes existing law.--The authority of paragraph
(1) supersedes any other provision of law.
``(3) Surge capacity defined.--In this subsection, the term
`surge capacity' means the financial and technical resources
necessary to carry out broadcasting activities in a
geographical area during a crisis.
``(b) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to the President such sums as may be necessary for the
President to carry out this section, except that no such amount
may be appropriated which, when added to amounts previously
appropriated for such purpose but not yet obligated, would
cause such amounts to exceed $25,000,000.
``(2) Availability of funds.--Amounts appropriated pursuant
to the authorization of appropriations in this subsection are
authorized to remain available until expended.
``(3) Designation of appropriations.--Amounts appropriated
pursuant to the authorization of appropriations in this
subsection may be referred to as the `United States
International Broadcasting Surge Capacity Fund'.''.
(c) Report.--An annual report submitted to the President and
Congress by the Broadcasting Board of Governors under section 305(a)(9)
of the United States International Broadcasting Act of 1994 (22 U.S.C.
6204(a)(9)) shall provide a detailed description of any activities
carried out under section 316 of such Act, as added by subsection (b).
(d) Authorization of Appropriations for United States International
Broadcasting Activities.--
(1) In general.--In addition to amounts otherwise available
for such purposes, the following amounts are authorized to be
appropriated to carry out United States Government broadcasting
activities under the United States Information and Educational
Exchange Act of 1948 (22 U.S.C. 1431 et seq.), the United
States International Broadcasting Act of 1994 (22 U.S.C. 6201
et seq.), the Foreign Affairs Reform and Restructuring Act of
1998 (as enacted in division G of the Omnibus Consolidated and
Emergency Supplemental Appropriations Act, 1999; Public Law
105-277), and this division, and to carry out other authorities
in law consistent with such purposes:
(A) International broadcasting operations.--For
``International Broadcasting Operations'', $500,000,000
for the fiscal year 2007.
(B) Broadcasting capital improvements.--For
``Broadcasting Capital Improvements'', $70,000,000 for
the fiscal year 2007.
(2) Availability of funds.--Amounts appropriated pursuant
to the authorization of appropriations in this section are
authorized to remain available until expended.
SEC. 1222. DEPARTMENT OF STATE PUBLIC DIPLOMACY PROGRAMS.
(a) United States Educational, Cultural, and Public Diplomacy
Programs.--There are authorized to be appropriated for the Department
of State to carry out public diplomacy programs of the Department under
the United States Information and Educational Exchange Act of 1948, the
Mutual Educational and Cultural Exchange Act of 1961, Reorganization
Plan Number 2 of 1977, the Foreign Affairs Reform and Restructuring Act
of 1998, the Center for Cultural and Technical Interchange Between East
and West Act of 1960, the Dante B. Fascell North-South Center Act of
1991, and the National Endowment for Democracy Act, and to carry out
other authorities in law consistent with the purposes of such Acts for
``Educational and Cultural Exchange Programs'', $500,000,000 for the
fiscal year 2007.
(b) Administration of Foreign Affairs.--There are authorized to be
appropriated for the Department of State under ``Administration of
Foreign Affairs'' to carry out the authorities, functions, duties, and
responsibilities in the conduct of foreign affairs of the United
States, and for other purposes authorized by law for ``Diplomatic and
Consular Programs'', $500,000,000 for the fiscal year 2007, which shall
only be available for public diplomacy international information
programs.
SEC. 1223. TREATMENT OF DETAINEES.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress makes
the following findings:
(1) Carrying out the global war on terrorism requires the
development of policies with respect to the detention and
treatment of captured international terrorists that are adhered
to by all coalition forces.
(2) Article 3 of the Convention Relative to the Treatment
of Prisoners of War, done at Geneva August 12, 1949 (6 UST
3316), was specifically designed for cases in which the usual
rules of war do not apply, and the minimum standards of
treatment pursuant to such Article are generally accepted
throughout the world as customary international law.
(3) The Commission on Terrorist Attacks Upon the United
States urged to the United States to engage its friends to
develop a common coalition approach toward the detention and
humane treatment of captured terrorists. The 9/11 Public
Discourse Project went on to give the Administration a ranking
of ``unfulfilled'' in this area, commenting that ``[d]issession
either at home or abroad on how the United States treats
captured terrorists only makes it harder to build the
diplomatic, political and military alliance necessary to fight
the war on terror effectively''.
(b) Policy.--The policy of the United States is as follows:
(1) It is the policy of the United States to treat all
foreign persons captured, detained, interned, or otherwise held
in the custody of the United States (hereinafter ``detainees'')
humanely and in accordance with the legal obligations under
United States law and international law, including the
obligations in the Convention Against Torture, the Geneva
Conventions, and the Detainee Treatment Act of 2005.
(2) It is the policy of the United States that all
officials of the United States are bound both in wartime and in
peacetime by the legal prohibitions against torture, cruel,
inhumane, or degrading treatment set out in the Constitution,
laws, and treaties of the United States, as reiterated by the
Supreme Court in Hamdan v. Rumsfeld (126 S. Ct. 2749 (2006)).
(3) If there is any doubt as to whether a detainee is
entitled to the protections afforded by the Geneva Conventions,
it is the policy of the United States that such detainee shall
enjoy the protections of the Convention Relative to the
Treatment of Prisoners of War, done at Geneva August 12, 1949
(6 UST 3316) until such time as the detainee's status can be
determined pursuant to the procedures authorized by Army
Regulation 190-8, Section 1-6.
(4) It is the policy of the United States to expeditiously
process and, if appropriate, prosecute detainees in the custody
of the United States, including detainees in custody at
Guantanamo Bay, Cuba.
(c) Reporting.--The Secretary shall submit to the appropriate
congressional committees the following:
(1) Not later than 180 days after the date of the enactment
of this Act, a report setting forth the number of individuals
currently held at Guantanamo Bay, Cuba, the number of such
individuals who are unlikely to face a military commission in
the next six months, and each reason for not bringing such
individuals before a military commission.
(2) Not later than 90 days after the date of the enactment
of this Act, a report setting forth all interrogation
techniques approved, as of the date of the enactment of this
Act, by officials of the United States for use with detainees.
(d) Rules, Regulations, and Guidelines.--
(1) Requirement.--Not later than 180 days after the date of
the enactment of this Act, the Secretary and the Director shall
prescribe the rules, regulations, or guidelines necessary to
ensure compliance with the standards of the Detainee Treatment
Act of 2005 and Common Article 3 of the Geneva Conventions by
all personnel of the United States Government and by any person
providing services to the United States Government on a
contract basis.
(2) Report to congress.--The Secretary and the Director
shall submit to Congress the rules, regulations, or guidelines
prescribed under paragraph (1), and any modifications to such
rules, regulations, or guidelines--
(A) not later than 30 days after the effective date
of such rules, regulations, guidelines, or
modifications; and
(B) in a manner and form that will protect the
national security interests of the United States.
(e) Reports on Possible Violations.--
(1) Requirement.--The Secretary and the Director shall each
submit, on a timely basis and not less than twice each year, a
report to Congress on the circumstances surrounding, and a
status report on, any investigation of, or prosecution on
account of, a possible violation of the standards specified in
subsection (d)(1) by United States Government personnel or by a
person providing services to the United States Government on a
contract basis.
(2) Form of report.--A report required under paragraph (1)
shall be submitted in a manner and form that--
(A) will protect the national security interests of
the United States; and
(B) will not prejudice any prosecution of an
individual alleged to have violated the standards
specified in subsection (d)(1).
(f) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Armed Services, the Committee on the Judiciary, and the
Committee on Foreign Relations of the Senate and the Committee
on Armed Services, the Committee on the Judiciary, and the
Committee on International Relations of the House of
Representatives.
(2) Convention against torture.--The term ``Convention
Against Torture'' means the Convention Against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment, done
at New York December 10, 1984.
(3) Director.--The term ``Director'' means the Director of
National Intelligence.
(4) Geneva conventions.--The term ``Geneva Conventions''
means--
(A) the Convention for the Amelioration of the
Condition of the Wounded and Sick in Armed Forces in
the Field, done at Geneva August 12, 1949 (6 UST 3114);
(B) the Convention for the Amelioration of the
Condition of the Wounded, Sick, and Shipwrecked Members
of Armed Forces at Sea, done at Geneva August 12, 1949
(6 UST 3217);
(C) the Convention Relative to the Treatment of
Prisoners of War, done at Geneva August 12, 1949 (6 UST
3316); and
(D) the Convention Relative to the Protection of
Civilian Persons in Time of War, done at Geneva August
12, 1949 (6 UST 3516).
(5) Secretary.--The term ``Secretary'' means the Secretary
of Defense.
(6) Torture.--The term ``torture'' has the meaning given
that term in section 2340 of title 18, United States Code.
SEC. 1224. NATIONAL COMMISSION TO REVIEW POLICY REGARDING THE TREATMENT
OF DETAINEES.
(a) Establishment of Commission.--There is established the National
Commission To Review Policy Regarding the Treatment of Detainees.
(b) Purposes.--The purposes of the Commission are as follows:
(1) To examine and report upon the role of policymakers in
the interrogation and detention policies related to the
treatment of individuals detained during Operation Iraqi
Freedom or Operation Enduring Freedom.
(2) To examine and report on the causes of the alleged
mistreatment of detainees by United States personnel and the
impact of such mistreatment on the security of the Armed Forces
of the United States.
(3) To build upon the reviews of the policies of the United
States related to the treatment of individuals detained by the
United States, including such reviews conducted by the
executive branch, Congress, or other entities.
(c) Composition of the Commission.--
(1) Members.--The Commission shall be composed of 15
members, of whom--
(A) 3 members shall be appointed by the majority
leader of the Senate;
(B) 3 members shall be appointed by the Speaker of
the House of Representatives;
(C) 3 members shall be appointed by the minority
leader of the Senate;
(D) 3 members shall be appointed by the minority
leader of the House of Representatives;
(E) 1 member shall be appointed by the Judge
Advocate General of the Army;
(F) 1 member shall be appointed by the Judge
Advocate General of the Navy; and
(G) 1 member shall be appointed by the Judge
Advocate General of the Air Force.
(2) Chairperson; vice chairperson.--
(A) In general.--Subject to subparagraph (B), the
Chairperson and Vice Chairperson of the Commission
shall be elected by the members.
(B) Political party affiliation.--The Chairperson
and Vice Chairperson may not be from the same political
party.
(3) Initial meeting.--Once 10 or more members of the
Commission have been appointed, those members who have been
appointed may meet and, if necessary, select a temporary
chairperson, who may begin the operations of the Commission,
including the hiring of staff.
(4) Quorum; vacancies.--After its initial meeting, the
Commission shall meet upon the call of the Chairperson or a
majority of its members. Eight members of the Commission shall
constitute a quorum. Any vacancy in the Commission shall not
affect its powers, but shall be filled in the same manner in
which the original appointment was made.
(5) Sense of congress on qualifications of commission
members.--It is the sense of Congress that individuals
appointed to the Commission should be prominent United States
citizens, with national recognition and significant depth of
experience in the fields of intelligence, law enforcement, or
foreign affairs, or experience serving the United States
Government, including service in the Armed Forces.
(d) Functions of the Commission.--The functions of the Commission
are--
(1) to conduct an investigation that--
(A) investigates the development and implementation
of policy relating to the treatment of individuals
detained during Operation Iraqi Freedom or Operation
Enduring Freedom;
(B) determines whether the United States policy
related to the treatment of detained individuals has
adversely affected the security of the members of the
Armed Forces of the United States;
(C) determines the causes and factors contributing
to the alleged abuse of detainees, and whether and to
what extent the incidences of abuse of detained
individuals has affected the standing of the United
States in the world;
(D) determines whether and to what extent leaders
of the United States Armed Forces were given the
opportunity to comment on and influence policy relating
to treatment of detained individuals;
(E) assesses the responsibility of leaders for
policies and actions, or failures to act, that may have
contributed to the mistreatment of detainees; and
(F) determines whether and to what extent policy
relating to the treatment of individuals detained
during Operation Iraqi Freedom or Operation Enduring
Freedom differed from the policies and practices
regarding detainees established by the Armed Forces
prior to such operations; and
(2) to submit to the President and Congress such report as
is required by this section containing such findings,
conclusions, and recommendations as the Commission shall
determine, including proposing organization, coordination,
planning, management arrangements, procedures, rules, and
regulations.
(e) Powers of the Commission.--
(1) In general.--
(A) Hearings and evidence.--The Commission or, on
the authority of the Commission, any subcommittee or
member thereof, may, for the purpose of carrying out
this section--
(i) hold such hearings and sit and act at
such times and places, take such testimony,
receive such evidence, administer such oaths;
and
(ii) require, by subpoena or otherwise, the
attendance and testimony of such witnesses and
the production of such books, records,
correspondence, memoranda, cables, electronic
messages, papers, and documents, as the
Commission or such designated subcommittee or
designated member may determine advisable.
(B) Subpoenas.--
(i) Issuance.--Subpoenas issued under
subparagraph (A)(ii) may be issued under the
signature of the Chairperson of the Commission,
the Vice Chairperson of the Commission, the
chairperson of any subcommittee created by a
majority of the Commission, or any member
designated by a majority of the Commission, and
may be served by any person designated by the
Chairperson, subcommittee chairperson, or
member.
(ii) Enforcement.--
(I) In general.--In the case of
contumacy or failure to obey a subpoena
issued under subparagraph (A)(ii), the
United States district court for the
judicial district in which the
subpoenaed person resides, is served,
or may be found, or where the subpoena
is returnable, may issue an order
requiring such person to appear at any
designated place to testify or to
produce documentary or other evidence.
Any failure to obey the order of the
court may be punished by the court as a
contempt of that court.
(II) Additional enforcement.--In
the case of any failure of any witness
to comply with any subpoena or to
testify when summoned under authority
of this section, the Commission may, by
majority vote, certify a statement of
fact constituting such failure to the
appropriate United States attorney, who
may bring the matter before the grand
jury for its action, under the same
statutory authority and procedures as
if the United States attorney had
received a certification under sections
102 through 104 of the Revised Statutes
of the United States (2 U.S.C. 192
through 194).
(2) Closed meetings.--
(A) In general.--Meetings of the Commission may be
closed to the public under section 10(d) of the Federal
Advisory Committee Act (5 U.S.C. App.) or other
applicable law.
(B) Additional authority.--In addition to the
authority under subparagraph (A), section 10(a)(1) and
(3) of the Federal Advisory Committee Act (5 U.S.C.
App.) shall not apply to any portion of a Commission
meeting if the President determines that such portion
or portions of that meeting is likely to disclose
matters that could endanger national security. If the
President makes such determination, the requirements
relating to a determination under section 10(d) of that
Act shall apply.
(3) Contracting.--The Commission may, to such extent and in
such amounts as are provided in appropriation Acts, enter into
contracts to enable the Commission to discharge its duties
under this section.
(4) Information from federal agencies.--The Commission is
authorized to secure directly from any executive department,
bureau, agency, board, commission, office, independent
establishment, or instrumentality of the Government
information, suggestions, estimates, and statistics for the
purposes of this section. Each department, bureau, agency,
board, commission, office, independent establishment, or
instrumentality shall, to the extent authorized by law, furnish
such information, suggestions, estimates, and statistics
directly to the Commission, upon request made by the
Chairperson, the chairperson of any subcommittee created by a
majority of the Commission, or any member designated by a
majority of the Commission.
(5) Assistance from federal agencies.--
(A) General services administration.--The
Administrator of General Services shall provide to the
Commission on a reimbursable basis administrative
support and other services for the performance of the
Commission's functions.
(B) Other departments and agencies.--In addition to
the assistance prescribed in subparagraph (A),
departments and agencies of the United States are
authorized to provide to the Commission such services,
funds, facilities, staff, and other support services as
they may determine advisable and as may be authorized
by law.
(6) Gifts.--The Commission may accept, use, and dispose of
gifts or donations of services or property.
(7) Postal services.--The Commission may use the United
States mails in the same manner and under the same conditions
as departments and agencies of the United States.
(f) Staff of the Commission.--
(1) Appointment and compensation.--The Chairperson and Vice
Chairperson, in accordance with rules agreed upon by the
Commission, may appoint and fix the compensation of a staff
director and such other personnel as may be necessary to enable
the Commission to carry out its functions, without regard to
the provisions of title 5, United States Code, governing
appointments in the competitive service, and without regard to
the provisions of chapter 51 and subchapter III of chapter 53
of such title relating to classification and General Schedule
pay rates, except that no rate of pay fixed under this
subsection may exceed the equivalent of that payable for a
position at level V of the Executive Schedule under section
5316 of title 5, United States Code.
(2) Personnel as federal employees.--
(A) In general.--The executive director and any
personnel of the Commission who are employees shall be
employees under section 2105 of title 5, United States
Code, for purposes of chapters 63, 81, 83, 84, 85, 87,
89, and 90 of that title.
(B) Members of commission.--Subparagraph (A) shall
not be construed to apply to a member of the
Commission.
(3) Detailees.--Any Federal Government employee may be
detailed to the Commission without reimbursement from the
Commission, and such detailee shall retain the rights, status,
and privileges of his or her regular employment without
interruption.
(4) Consultant services.--The Commission is authorized to
procure the services of experts and consultants in accordance
with section 3109 of title 5, United States Code, but at rates
not to exceed the daily rate paid a person occupying a position
at level IV of the Executive Schedule under section 5315 of
title 5, United States Code.
(g) Compensation and Travel Expenses.--
(1) Compensation.--Each member of the Commission may be
compensated at not to exceed the daily equivalent of the annual
rate of basic pay in effect for a position at level IV of the
Executive Schedule under section 5315 of title 5, United States
Code, for each day during which that member is engaged in the
actual performance of the duties of the Commission.
(2) Travel expenses.--While away from their homes or
regular places of business in the performance of services for
the Commission, members of the Commission shall be allowed
travel expenses, including per diem in lieu of subsistence, in
the same manner as persons employed intermittently in the
Government service are allowed expenses under section 5703(b)
of title 5, United States Code.
(h) Security Clearances for Commission Members and Staff.--The
appropriate departments and agencies of the Government shall cooperate
with the Commission in expeditiously providing to the Commission
members and staff appropriate security clearances in a manner
consistent with existing procedures and requirements, except that no
person shall be provided with access to classified information under
this section who would not otherwise qualify for such security
clearance.
(i) Report of the Commission.--Not later than 9 months after the
date of the first meeting of the Commission, the Commission shall
submit to the President and Congress a report containing such findings,
conclusions, and recommendations as have been agreed to by a majority
of Commission members.
(j) Termination.--
(1) Termination.--The Commission, and all the authorities
of this section, shall terminate 60 days after the date on
which the report is submitted under subsection (i).
(2) Administrative activities before termination.--The
Commission may use the 60-day period referred to in paragraph
(1) for the purpose of concluding its activities, including
providing testimony to committees of Congress concerning its
reports and disseminating the second report.
(k) Authorization of Appropriations.--There are authorized to be
appropriated to the Commission to carry out this section $5,000,000, to
remain available until expended.
Subtitle D--Strategy for the United States Relationship With
Afghanistan, Pakistan, and Saudi Arabia
SEC. 1231. AFGHANISTAN.
(a) Afghanistan Freedom Support Act of 2002.--Section 108(a) the
Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7518(a)) is amended
by striking ``such sums as may be necessary for each of the fiscal
years 2005 and 2006'' and inserting ``$2,400,000,000 for fiscal year
2007 and such sums as may be necessary for each of the fiscal years
2008 and 2009''.
(b) Other Authorizations of Appropriations for Foreign Relations
Activities.--
(1) Fiscal year 2007.--There are authorized to be
appropriated to the President for providing assistance for
Afghanistan in a manner consistent with the provisions of the
Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7501 et
seq.) for fiscal year 2007--
(A) for ``International Military Education and
Training'', $1,000,000 to carry out the provisions of
section 541 of the Foreign Assistance Act of 1961 (22
U.S.C. 2347);
(B) for ``Foreign Military Financing Program''
grants, $444,000,000 to carry out the provisions of
section 23 of the Arms Export Control Act (22 U.S.C.
2763); and
(C) for ``Peacekeeping Operations'', $30,000,000 to
carry out the provisions of section 551 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2348).
(2) Fiscal years 2008 and 2009.--
(A) Authorization of appropriation.--There are
authorized to be appropriated for each of the purposes
described in subparagraphs (A) through (C) of paragraph
(1) such sums as may be necessary for each of the
fiscal years 2008 and 2009.
(B) Sense of congress.--It is the sense of Congress
that the amount appropriated for each purpose described
in subparagraphs (A) through (C) of paragraph (1) for
each of the fiscal years 2008 and 2009 should be an
amount that is equal to 125 percent of the amount
appropriated for such purpose during the preceding
fiscal year.
(c) Authorization of Appropriations for Operation and Maintenance,
Defense-Wide.--There are authorized to be appropriated for fiscal year
2007 for the use of the Armed Forces and other activities and agencies
of the Department of Defense for expenses, not otherwise provided for,
for operation and maintenance, for Defense-wide activities, $20,000,000
for support to provisional reconstruction teams in Afghanistan.
(d) Other Funds.--Amounts authorized to be appropriated under this
section are in addition to amounts otherwise available for such
purposes.
SEC. 1232. PAKISTAN.
(a) Findings.--Congress makes the following findings:
(1) Since September 11, 2001, the Government of Pakistan
has been an important partner in helping the United States
remove the Taliban regime in Afghanistan and combating
international terrorism in the frontier provinces of Pakistan.
(2) There remain a number of critical issues that threaten
to disrupt the relationship between the United States and
Pakistan, undermine international security, and destabilize
Pakistan, including--
(A) curbing the proliferation of nuclear weapons
technology;
(B) combating poverty and corruption;
(C) building effective government institutions,
especially secular public schools;
(D) promoting democracy and rule of law,
particularly at the national level; and
(E) effectively dealing with Islamic extremism.
(b) Policy.--It is the policy of the United States--
(1) to work with the Government of Pakistan to combat
international terrorism, especially in the frontier provinces
of Pakistan;
(2) to establish a long-term strategic partnership with the
Government of Pakistan to address the issues described in
subparagraphs (A) through (E) of subsection (a)(2);
(3) to dramatically increase funding for United States
Agency for International Development and Department of State
programs that assist Pakistan in addressing such issues, if the
Government of Pakistan demonstrates a commitment to building a
moderate, democratic state; and
(4) to work with the international community to secure
additional financial and political support to effectively
implement the policies set forth in this subsection and help to
resolve the dispute between the Government of Pakistan and the
Government of India over the disputed territory of Kashmir.
(c) Strategy on Pakistan.--
(1) Requirement for report on strategy.--Not later than 90
days after the date of the enactment of this Act, the President
shall submit to the appropriate congressional committees a
report, in classified form if necessary, that describes the
long-term strategy of the United States to engage with the
Government of Pakistan to address the issues described in
subparagraphs (A) through (E) of subsection (a)(2) in order
accomplish the goal of building a moderate, democratic
Pakistan.
(2) Appropriate congressional committees defined.--In this
subsection the term ``appropriate congressional committees''
means--
(A) the Committees on Appropriations, Armed
Services, and Foreign Relations of the Senate; and
(B) the Committees on Appropriations, Armed
Services, and International Relations of the House of
Representatives.
(d) Nuclear Proliferation.--
(1) Sense of congress.--It is the sense of Congress that
the national security interest of the United States will best
be served if the United States develops and implements a long-
term strategy to improve the United States relationship with
Pakistan and works with the Government of Pakistan to stop
nuclear proliferation.
(2) Limitation on assistance to pakistan.--None of the
funds appropriated for a fiscal year to provide military or
economic assistance to the Government of Pakistan may be made
available for such purpose unless the President submits to
Congress for such fiscal year a certification that no military
or economic assistance provided by the United States to the
Government of Pakistan will be provided, either directly or
indirectly, to a person that is opposing or undermining the
efforts of the United States Government to halt the
proliferation of nuclear weapons.
(e) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
the President for providing assistance for Pakistan for fiscal
year 2007--
(A) for ``Development Assistance'', $50,000,000 to
carry out the provisions of section 103, 105, and 106
of the Foreign Assistance Act of 1961 (22 U.S.C. 2151a,
2151c, and 2151d,);
(B) for the ``Child Survival and Health Programs
Fund'', $35,000,000 to carry out the provisions of
sections 104 of the Foreign Assistance Act of 1961 (22
U.S.C. 2151b);
(C) for the ``Economic Support Fund'', $350,000,000
to carry out the provisions of chapter 4 of part II of
the Foreign Assistance Act of 1961 (22 U.S.C. 2346 et
seq.);
(D) for ``International Narcotics and Law
Enforcement'', $50,000,000 to carry out the provisions
of section 481 of the Foreign Assistance Act of 1961
(22 U.S.C. 2291);
(E) for ``Nonproliferation, Anti-Terrorism,
Demining, and Related Programs'', $10,000,000;
(F) for ``International Military Education and
Training'', $2,000,000 to carry out the provisions of
section 541 of the Foreign Assistance Act of 1961 (22
U.S.C. 2347); and
(G) for ``Foreign Military Financing Program'',
$300,000,000 grants to carry of the provision of
section 23 of the Arms Export Control Act (22 U.S.C.
2763).
(2) Other funds.--Amounts authorized to be appropriated
under this section are in addition to amounts otherwise
available for such purposes.
SEC. 1233. SAUDI ARABIA.
(a) Findings.--Congress makes the following findings:
(1) The Kingdom of Saudi Arabia has an uneven record in the
fight against terrorism, especially with respect to terrorist
financing, support for radical madrassas, and a lack of
political outlets for its citizens, that poses a threat to the
security of the United States, the international community, and
the Kingdom of Saudi Arabia itself.
(2) The United States has a national security interest in
working with the Government of Saudi Arabia to combat
international terrorists that operate within that nation or
that operate outside Saudi Arabia with the support of citizens
of Saudi Arabia.
(3) In order to more effectively combat terrorism, the
Government of Saudi Arabia must undertake a number of political
and economic reforms, including increasing anti-terrorism
operations conducted by law enforcement agencies, providing
more political rights to its citizens, increasing the rights of
women, engaging in comprehensive educational reform, enhancing
monitoring of charitable organizations, promulgating and
enforcing domestic laws and regulation on terrorist financing.
(b) Policy.--It is the policy of the United States--
(1) to engage with the Government of Saudi Arabia to openly
confront the issue of terrorism, as well as other problematic
issues such as the lack of political freedoms, with the goal of
restructuring the relationship on terms that leaders of both
nations can publicly support;
(2) to enhance counterterrorism cooperation with the
Government of Saudi Arabia, if the political leaders of such
Government are committed to making a serious, sustained effort
to combat terrorism; and
(3) to support the efforts of the Government of Saudi
Arabia to make political, economic, and social reforms
throughout the country.
(c) Strategy on Saudi Arabia.--
(1) Requirement for report on strategy.--Not later than 90
days after the date of the enactment of this Act, the President
shall submit to the appropriate congressional committees a
report, in classified form if necessary, that describes the
long-term strategy of the United States--
(A) to engage with the Government of Saudi Arabia
to facilitate political, economic, and social reforms
that will enhance the ability of the Government of
Saudi Arabia to combat international terrorism; and
(B) to effectively prevent the financing of
terrorists in Saudi Arabia.
(2) Appropriate congressional committees defined.--In this
subsection the term ``appropriate congressional committees''
means--
(A) the Committees on Appropriations, Armed
Services, and Foreign Relations of the Senate; and
(B) the Committees on Appropriations, Armed
Services, and International Relations of the House of
Representatives.
TITLE XIII--PROTECTION FROM TERRORIST ATTACKS THAT UTILIZE NUCLEAR,
CHEMICAL, BIOLOGICAL, AND RADIOLOGICAL WEAPONS
Subtitle A--Non-Proliferation Programs
SEC. 1301. REPEAL OF LIMITATIONS TO THREAT REDUCTION ASSISTANCE.
Section 5 of S. 2980 of the 108th Congress (the Nunn-Lugar
Cooperative Threat Reduction Act of 2004), as introduced on November
16, 2004, is hereby enacted into law.
SEC. 1302. RUSSIAN TACTICAL NUCLEAR WEAPONS.
(a) Report Required.--Not later than six months after the date of
the enactment of this Act, the President shall submit to Congress a
report setting forth the following:
(1) An assessment of the number, location, condition, and
security of Russian tactical nuclear weapons.
(2) An assessment of the threat that would be posed by the
theft of Russian tactical nuclear weapons.
(3) A plan for developing with Russia a cooperative program
to secure, consolidate, and, as appropriate, dismantle Russian
tactical nuclear weapons.
(b) Program.--The Secretary of Defense and the Secretary of Energy
shall jointly work with Russia to establish a cooperative program,
based on the report under subsection (a), to secure, consolidate, and,
as appropriate, dismantle Russian tactical nuclear weapons in order to
achieve reductions in the total number of Russian tactical nuclear
weapons.
(c) Authorization of Appropriations.--
(1) Department of defense.--There are authorized to be
appropriated for the Department of Defense, $25,000,000 to
carry out this section.
(2) Department of energy.--There are authorized to be
appropriated for the Department of Energy, $25,000,000 to carry
out this section.
SEC. 1303. ADDITIONAL ASSISTANCE TO ACCELERATE NON-PROLIFERATION
PROGRAMS.
(a) Authorization of Appropriations for the Department of
Defense.--There are authorized to be appropriated to the Department of
Defense $105,000,000 for fiscal year 2007 for Cooperative Threat
Reduction Activities as follows:
(1) To accelerate security upgrades at nuclear warhead
storage sites located in Russia or another country of the
former Soviet Union, $15,000,000.
(2) To accelerate biological weapons proliferation
prevention programs in Kazakhstan, Georgia, and Uzbekistan,
$15,000,000.
(3) To accelerate destruction of Libyan chemical weapons,
materials, and related equipment, $75,000,000.
(b) Authorization of Appropriations for the Department of Energy.--
There are authorized to be appropriated to the Department of Energy
$95,000,000 for fiscal year 2007 for nonproliferation activities of the
National Nuclear Security Administration as follows:
(1) To accelerate the Global Threat Reduction Initiative,
$20,000,000.
(2) To accelerate security upgrades at nuclear warhead
storage sites located in Russia or in another country,
$15,000,000.
(3) To accelerate the closure of the plutonium producing
reactor at Zheleznogorsk, Russia as part of the program to
eliminate weapons grade plutonium production, $25,000,000.
(4) To accelerate completion of comprehensive security
upgrades at Russian storage sites for weapons-usable nuclear
materials, $15,000,000.
(c) Authorization of Appropriations for the Department of State.--
(1) In general.--There are authorized to be appropriated to
the Department of State $25,000,000 for fiscal year 2007 for
nonproliferation activities as follows:
(A) To accelerate engagement of former chemical an
biological weapons scientists in Russia and the
countries of the former Soviet Union through the Bio-
Chem Redirect Program, $15,000,000.
(B) To enhance efforts to combat bioterrorism by
transforming the Soviet biological weapons research and
production facilities to commercial enterprises through
the BioIndustry Initiative, $10,000,000.
(2) Availability of funds.--The amount authorized to be
appropriated by paragraph (1) shall remain available until
expended.
SEC. 1304. ADDITIONAL ASSISTANCE TO THE INTERNATIONAL ATOMIC ENERGY
AGENCY.
There are authorized to be appropriated to the Department of Energy
$20,000,000 to be used to provide technical and other assistance to the
International Atomic Energy Agency to support nonproliferation
programs. Such amount is in addition to amounts otherwise available for
such purpose.
Subtitle B--Border Protection
SEC. 1311. FINDINGS.
Congress makes the following findings:
(1) More than 500,000,000 people cross the borders of the
United States at legal points of entry each year, including
approximately 330,000,000 people who are not citizens of the
United States.
(2) The National Commission on Terrorist Attacks Upon the
United States found that 15 of the 19 hijackers involved in the
September 11, 2001 terrorist attacks ``were potentially
vulnerable to interception by border authorities''.
(3) Officials with the Bureau of Customs and Border
Protection and with the Bureau of Immigration and Customs
Enforcement have stated that there is a shortage of agents in
such Bureaus. Due to an inadequate budget, the Bureau of
Immigration and Customs Enforcement has effected a hiring
freeze since March 2004, and the Bureau has not made public any
plans to end this freeze.
SEC. 1312. HIRING AND TRAINING OF BORDER SECURITY PERSONNEL.
(a) Inspectors and Agents.--
(1) Increase in inspectors and agents.--During each of
fiscal years 2007 through 2010, the Secretary of Homeland
Security shall--
(A) increase the number of full-time agents and
associated support staff in the Bureau of Immigration
and Customs Enforcement of the Department of Homeland
Security by the equivalent of at least 100 more than
the number of such employees in the Bureau as of the
end of the preceding fiscal year; and
(B) increase the number of full-time inspectors and
associated support staff in the Bureau of Customs and
Border Protection by the equivalent of at least 200
more than the number of such employees in the Bureau as
of the end of the preceding fiscal year.
(2) Waiver of fte limitation.--The Secretary is authorized
to waive any limitation on the number of full-time equivalent
personnel assigned to the Department of Homeland Security to
fulfill the requirements of paragraph (1).
(b) Training.--The Secretary shall provide appropriate training for
agents, inspectors, and associated support staff on an ongoing basis to
utilize new technologies and to ensure that the proficiency levels of
such personnel are acceptable to protect the borders of the United
States.
Subtitle C--First Responders
SEC. 1321. FINDINGS.
Congress makes the following findings:
(1) In a report entitled ``Emergency First Responders:
Drastically Underfunded, Dangerously Unprepared'', an
independent task force sponsored by the Council on Foreign
Relations found that ``America's local emergency responders
will always be the first to confront a terrorist incident and
will play the central role in managing its immediate
consequences. Their efforts in the first minutes and hours
following an attack will be critical to saving lives,
establishing order, and preventing mass panic. The United
States has both a responsibility and a critical need to provide
them with the equipment, training, and other resources
necessary to do their jobs safely and effectively.''.
(2) The task force further concluded that many state and
local emergency responders, including police officers and
firefighters, lack the equipment and training needed to respond
effectively to a terrorist attack involving weapons of mass
destruction.
(3) The Federal Government has a responsibility to ensure
that the people of the United States are protected to the
greatest possible extent against a terrorist attack, especially
an attack that utilizes nuclear, chemical, biological, or
radiological weapons, and consequently, the Federal Government
has a critical responsibility to address the equipment,
training, and other needs of State and local first responders.
SEC. 1322. RESTORATION OF JUSTICE ASSISTANCE FUNDING.
(a) Findings.--Congress makes the following findings:
(1) State and local police officers, firefighters, and
emergency responders play an essential role in the efforts of
the United States to prevent terrorist attacks and, if an
attack occurred, to address the effects of the attack.
(2) An independent task force has concluded that hundreds
of local police offices and firefighting and emergency response
units throughout the United States are unprepared for
responding to a terrorist attack involving nuclear, chemical,
biological, or radiological weapons.
(3) The Edward Byrne Memorial Justice Assistance Grant
Program provides critical Federal support for personnel,
equipment, training, and technical assistance for the homeland
security responsibilities of local law enforcement offices.
(4) The Consolidated Appropriations Act, 2005 (Public Law
108-447) appropriated funding for the Edward Byrne Memorial
Justice Assistance Grant Program, a program that resulted from
the combination of the Edward Byrne Memorial Grant Program and
the Local Law Enforcement Block Grant Program.
(5) Funding for the Edward Byrne Memorial Justice
Assistance Grant Program, as provided in the Consolidated
Appropriations Act, 2005, has been reduced by nearly 50 percent
since fiscal year 2002.
(b) Sense of Congress.--It is the sense of Congress that the
President should request in the annual budget proposal, and Congress
should appropriate, the full amount authorized to be appropriated in
subsection (c).
(c) Authorization of Appropriations.--There are authorized to be
appropriated for the Edward Byrne Memorial Justice Assistance Grant
Program--
(1) for fiscal year 2007, $1,250,000,000;
(2) for fiscal year 2008, $1,400,000,000; and
(3) for fiscal year 2009, $1,600,000,000.
SEC. 1323. PROVIDING RELIABLE OFFICERS, TECHNOLOGY, EDUCATION,
COMMUNITY PROSECUTORS, AND TRAINING IN OUR NEIGHBORHOOD
INITIATIVE.
(a) COPS Program.--Section 1701(a) of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd(a)) is amended--
(1) by inserting ``and prosecutor'' after ``increase
police''; and
(2) by inserting ``to enhance law enforcement access to new
technologies, and'' after ``presence,''.
(b) Hiring and Redeployment Grant Projects.--Section 1701(b) of
title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3796dd(b)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (B)--
(i) by inserting after ``Nation'' the
following: ``, or pay overtime to existing
career law enforcement officers to the extent
that such overtime is devoted to community
policing efforts''; and
(ii) by striking ``and'' at the end;
(B) in subparagraph (C)--
(i) by striking ``or pay overtime''; and
(ii) by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(D) promote higher education among in-service
State and local law enforcement officers by reimbursing
them for the costs associated with seeking a college or
graduate school education.''; and
(2) in paragraph (2), by striking all that follows
``Support Systems.--'' and inserting ``Grants pursuant to--
``(A) paragraph (1)(B) for overtime may not exceed
25 percent of the funds available for grants pursuant
to this subsection for any fiscal year;
``(B) paragraph (1)(C) may not exceed 20 percent of
the funds available for grants pursuant to this
subsection in any fiscal year; and
``(C) paragraph (1)(D) may not exceed 5 percent of
the funds available for grants pursuant to this
subsection for any fiscal year.''.
(c) Additional Grant Projects.--Section 1701(d) of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796dd(d)) is amended--
(1) in paragraph (2)--
(A) by inserting ``integrity and ethics'' after
``specialized''; and
(B) by inserting ``and'' after ``enforcement
officers'';
(2) in paragraph (7), by inserting ``school officials,
religiously-affiliated organizations,'' after ``enforcement
officers'';
(3) by striking paragraph (8) and inserting the following:
``(8) establish school-based partnerships between local law
enforcement agencies and local school systems, by using school
resource officers who operate in and around elementary and
secondary schools to serve as a law enforcement liaison with
other Federal, State, and local law enforcement and regulatory
agencies, combat school-related crime and disorder problems,
gang membership and criminal activity, firearms and explosives-
related incidents, illegal use and possession of alcohol, and
the illegal possession, use, and distribution of drugs;'';
(4) in paragraph (10), by striking ``and'' at the end;
(5) in paragraph (11), by striking the period that appears
at the end and inserting ``; and''; and
(6) by adding at the end the following:
``(12) develop and implement innovative programs (such as
the TRIAD program) that bring together a community's sheriff,
chief of police, and elderly residents to address the public
safety concerns of older citizens.''.
(d) Technical Assistance.--Section 1701(f) of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796dd(f)) is amended--
(1) in paragraph (1)--
(A) by inserting ``use up to 5 percent of the funds
appropriated under subsection (a) to'' after ``The
Attorney General may''; and
(B) by inserting at the end the following: ``In
addition, the Attorney General may use up to 5 percent
of the funds appropriated under subsections (d), (e),
and (f) for technical assistance and training to
States, units of local government, Indian tribal
governments, and to other public and private entities
for those respective purposes.'';
(2) in paragraph (2), by inserting ``under subsection (a)''
after ``the Attorney General''; and
(3) in paragraph (3)--
(A) by striking ``the Attorney General may'' and
inserting ``the Attorney General shall'';
(B) by inserting ``regional community policing
institutes'' after ``operation of''; and
(C) by inserting ``representatives of police labor
and management organizations, community residents,''
after ``supervisors,''.
(e) Technology and Prosecution Programs.--Section 1701 of title I
of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796dd) is amended--
(1) by striking subsection (k);
(2) by redesignating subsections (f) through (j) as
subsections (g) through (k); and
(3) by striking subsection (e) and inserting the following:
``(e) Law Enforcement Technology Program.--Grants made under
subsection (a) may be used to assist police departments, in employing
professional, scientific, and technological advancements that will help
them--
``(1) improve police communications through the use of
wireless communications, computers, software, videocams,
databases and other hardware and software that allow law
enforcement agencies to communicate more effectively across
jurisdictional boundaries and effectuate interoperability;
``(2) develop and improve access to crime solving
technologies, including DNA analysis, photo enhancement, voice
recognition, and other forensic capabilities; and
``(3) promote comprehensive crime analysis by utilizing new
techniques and technologies, such as crime mapping, that allow
law enforcement agencies to use real-time crime and arrest data
and other related information--including non-criminal justice
data--to improve their ability to analyze, predict, and respond
pro-actively to local crime and disorder problems, as well as
to engage in regional crime analysis.
``(f) Community-Based Prosecution Program.--Grants made under
subsection (a) may be used to assist State, local or tribal
prosecutors' offices in the implementation of community-based
prosecution programs that build on local community policing efforts.
Funds made available under this subsection may be used to--
``(1) hire additional prosecutors who will be assigned to
community prosecution programs, including programs that assign
prosecutors to handle cases from specific geographic areas, to
address specific violent crime and other local crime problems
(including intensive illegal gang, gun and drug enforcement
projects and quality of life initiatives), and to address
localized violent and other crime problems based on needs
identified by local law enforcement agencies, community
organizations, and others;
``(2) redeploy existing prosecutors to community
prosecution programs as described in paragraph (1) of this
section by hiring victim and witness coordinators, paralegals,
community outreach, and other such personnel; and
``(3) establish programs to assist local prosecutors'
offices in the implementation of programs that help them
identify and respond to priority crime problems in a community
with specifically tailored solutions.
At least 75 percent of the funds made available under this subsection
shall be reserved for grants under paragraphs (1) and (2) and of those
amounts no more than 10 percent may be used for grants under paragraph
(2) and at least 25 percent of the funds shall be reserved for grants
under paragraphs (1) and (2) to units of local government with a
population of less than 50,000.''.
(f) Retention Grants.--Section 1703 of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd-2) is amended by
adding at the end the following:
``(d) Retention Grants.--The Attorney General may use no more than
50 percent of the funds under subsection (a) to award grants targeted
specifically for retention of police officers to grantees in good
standing, with preference to those that demonstrate financial hardship
or severe budget constraint that impacts the entire local budget and
may result in the termination of employment for police officers funded
under subsection (b)(1).''.
(g) Definitions.--
(1) Career law enforcement officer.--Section 1709(1) of
title I of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3796dd-8) is amended by inserting after
``criminal laws'' the following: ``including sheriffs deputies
charged with supervising offenders who are released into the
community but also engaged in local community policing
efforts.''.
(2) School resource officer.--Section 1709(4) of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3796dd-8) is amended--
(A) by striking subparagraph (A) and inserting the
following:
``(A) to serve as a law enforcement liaison with
other Federal, State, and local law enforcement and
regulatory agencies, to address and document crime and
disorder problems including gangs and drug activities,
firearms and explosives-related incidents, and the
illegal use and possession of alcohol affecting or
occurring in or around an elementary or secondary
school;'';
(B) by striking subparagraph (E) and inserting the
following:
``(E) to train students in conflict resolution,
restorative justice, and crime awareness, and to
provide assistance to and coordinate with other
officers, mental health professionals, and youth
counselors who are responsible for the implementation
of prevention/intervention programs within the
schools;''; and
(C) by adding at the end the following:
``(H) to work with school administrators, members
of the local parent teacher associations, community
organizers, law enforcement, fire departments, and
emergency medical personnel in the creation, review,
and implementation of a school violence prevention
plan;
``(I) to assist in documenting the full description
of all firearms found or taken into custody on school
property and to initiate a firearms trace and
ballistics examination for each firearm with the local
office of the Bureau of Alcohol, Tobacco, and Firearms;
``(J) to document the full description of all
explosives or explosive devices found or taken into
custody on school property and report to the local
office of the Bureau of Alcohol, Tobacco, and Firearms;
and
``(K) to assist school administrators with the
preparation of the Department of Education, Annual
Report on State Implementation of the Gun-Free Schools
Act which tracks the number of students expelled per
year for bringing a weapon, firearm, or explosive to
school.''.
(h) Authorization of Appropriations.--Section 1001(a)(11) of title
I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3793(a)(11)) is amended--
(1) by amending subparagraph (A) to read as follows:
``(A) There are authorized to be appropriated to
carry out part Q, to remain available until expended--
``(i) $1,150,000,000 for fiscal year 2007;
``(ii) $1,150,000,000 for fiscal year 2008;
``(iii) $1,150,000,000 for fiscal year
2009;
``(iv) $1,150,000,000 for fiscal year 2010;
``(v) $1,150,000,000 for fiscal year 2011;
and
``(vi) $1,150,000,000 for fiscal year
2012.''; and
(2) in subparagraph (B)--
(A) by striking ``3 percent'' and inserting ``5
percent'';
(B) by striking ``1701(f)'' and inserting
``1701(g)'';
(C) by striking the second sentence and inserting
``Of the remaining funds, if there is a demand for 50
percent of appropriated hiring funds, as determined by
eligible hiring applications from law enforcement
agencies having jurisdiction over areas with
populations exceeding 150,000, no less than 50 percent
shall be allocated for grants pursuant to applications
submitted by units of local government or law
enforcement agencies having jurisdiction over areas
with populations exceeding 150,000 or by public and
private entities that serve areas with populations
exceeding 150,000, and no less than 50 percent shall be
allocated for grants pursuant to applications submitted
by units of local government or law enforcement
agencies having jurisdiction over areas with
populations less than 150,000 or by public and private
entities that serve areas with populations less than
150,000.'';
(D) by striking ``85 percent'' and inserting
``$600,000,000''; and
(E) by striking ``1701(b),'' and all that follows
through ``of part Q'' and inserting the following:
``1701 (b) and (c), $350,000,000 to grants for the
purposes specified in section 1701(e), and $200,000,000
to grants for the purposes specified in section
1701(f).''.
TITLE XIV--PROTECTING TAXPAYERS
SEC. 1401. REPORTS ON METRICS FOR MEASURING SUCCESS IN GLOBAL WAR ON
TERRORISM.
(a) Requirement for Reports.--The Comptroller General of the United
States shall submit to Congress reports on the metrics for use in
tracking and measuring acts of global terrorism, international
counterterrorism efforts, and the success of United States
counterterrorism policies and practices including specific, replicable
definitions, criteria, and standards of measurement to be used for the
following:
(1) Counting and categorizing acts of international
terrorism.
(2) Monitoring counterterrorism efforts of foreign
governments.
(3) Monitoring financial support provided to terrorist
groups.
(4) Assessing the success of United States counterterrorism
policies and practices.
(b) Schedule of Reports.--The Comptroller General shall submit to
Congress an initial report under subsection (a) not later than 1 year
after the date of the enactment of this Act and a second report not
later than 1 year after the date on which the initial report is
submitted.
SEC. 1402. PROHIBITION ON PROFITEERING.
(a) Prohibition.--
(1) In general.--Chapter 47 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 1039. War profiteering and fraud relating to military action,
relief, and reconstruction efforts
``(a) Prohibition.--
``(1) In general.--Whoever, in any matter involving a
contract or the provision of goods or services, directly or
indirectly, in connection with a war, military action, or
relief or reconstruction activities within the jurisdiction of
the United States Government, knowingly and willfully--
``(A)(i) executes or attempts to execute a scheme
or artifice to defraud the United States; or
``(ii) materially overvalues any good or service
with the specific intent to defraud and excessively
profit from the war, military action, or relief or
reconstruction activities;
shall be fined under paragraph (2), imprisoned not more than 20
years, or both; or
``(B)(i) falsifies, conceals, or covers up by any
trick, scheme, or device a material fact;
``(ii) makes any materially false, fictitious, or
fraudulent statements or representations; or
``(iii) makes or uses any materially false writing
or document knowing the same to contain any materially
false, fictitious or fraudulent statement or entry;
shall be fined under paragraph (2) imprisoned not more than 10
years, or both.
``(2) Fine.--A person convicted of an offense under
paragraph (1) may be fined the greater of--
``(A) $1,000,000; or
``(B) if such person derives profits or other
proceeds from the offense, not more than twice the
gross profits or other proceeds.
``(b) Extraterritorial Jurisdiction.--There is extraterritorial
Federal jurisdiction over an offense under this section.
``(c) Venue.--A prosecution for an offense under this section may
be brought--
``(1) as authorized by chapter 211 of this title;
``(2) in any district where any act in furtherance of the
offense took place; or
``(3) in any district where any party to the contract or
provider of goods or services is located.''.
(2) Table of sections.--The table of sections for chapter
47 of title 18, United States Code, is amended by adding at the
end the following:
``1039. War profiteering and fraud relating to military action, relief,
and reconstruction efforts.''.
(b) Civil Forfeiture.--Section 981(a)(1)(C) of title 18, United
States Code, is amended by inserting ``1039,'' after ``1032,''.
(c) Criminal Forfeiture.--Section 982(a)(2)(B) of title 18, United
States Code, is amended by striking ``or 1030'' and inserting ``1030,
or 1039''.
(d) RICO.--Section 1956(c)(7)(D) of title 18, United States Code,
is amended by inserting the following: ``, section 1039 (relating to
war profiteering and fraud relating to military action, relief, and
reconstruction efforts)'' after ``liquidating agent of financial
institution),''.
TITLE XV--OTHER MATTERS
SEC. 1501. SENSE OF CONGRESS ON MILITARY COMMISSIONS FOR THE TRIAL OF
PERSONS DETAINED IN THE GLOBAL WAR ON TERRORISM.
(a) Findings.--Congress makes the following findings:
(1) The Constitution of the United States grants to
Congress the power ``To define and punish . . . Offenses
against the Law of Nations'', as well as the power ``To declare
War . . . To raise and support Armies . . . [and] To provide
and maintain a Navy.''.
(2) On November 13, 2001, the President issued a military
order establishing military commissions to try individuals
detained in the global war on terrorism.
(3) On June 29, 2006, the Supreme Court held in Hamdan v.
Rumsfeld (126 S. Ct. 2749 (2006)) that--
(A) the authority to establish military commissions
``can derive only from the powers granted jointly to
the President and Congress in time of war'';
(B) the military commission established by the
President to try Hamdan ``lacks the power to proceed''
because the procedures governing the commission
departed impermissibly from the procedures governing
courts martial and the requirements of Common Article 3
of the Geneva Conventions; and
(C) procedures governing military commissions may
depart from the procedures governing courts martial
``only if some practical need explains deviations from
court-martial practice''.
(b) Sense of Congress.--It is the sense of Congress that--
(1) aliens detained by the United States who are alleged to
have violated the law of war should be tried for their
offenses;
(2) it is in the national interest for Congress to exercise
its authority under the Constitution to enact legislation
authorizing and regulating the use of military commissions to
try and punish offenders against the law of war;
(3) procedures established by Congress for the use of
military commissions should be consistent with the decision of
the Supreme Court in Hamdan v. Rumsfeld;
(4) in drafting legislation for the use of military
commissions, the Committees on Armed Services of the Senate and
the House of Representatives should take into account the views
of professional military lawyers who have experience in
prosecuting, defending, and judging cases under chapter 47 of
title 10, United States Code (the Uniform Code of Military
Justice);
(5) the Committee on Armed Services of the Senate is
drafting a bipartisan proposal on military commissions that
reflects the views of senior military lawyers, and this process
must be allowed to move forward; and
(6) as the Judge Advocate General of the Navy explained in
testimony before the Committee on Armed Services of the Senate
on July 13, 2006, ``[w]e need to think in terms of the long
view, and to always put our own sailors, soldiers, Marines, and
airmen in the place of an accused when we're drafting these
rules to ensure that these rules are acceptable when we have
someone in a future war who faces similar rules''.
DIVISION C--INTELLIGENCE AUTHORIZATIONS
SEC. 2001. SHORT TITLE.
This division may be cited as the ``Intelligence Authorization Act
for Fiscal Year 2007''.
TITLE XXI--INTELLIGENCE ACTIVITIES
SEC. 2101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2007
for the conduct of the intelligence and intelligence-related activities
of the following elements of the United States Government:
(1) The Office of the Director of National Intelligence.
(2) The Central Intelligence Agency.
(3) The Department of Defense.
(4) The Defense Intelligence Agency.
(5) The National Security Agency.
(6) The Department of the Army, the Department of the Navy,
and the Department of the Air Force.
(7) The Department of State.
(8) The Department of the Treasury.
(9) The Department of Energy.
(10) The Department of Justice.
(11) The Federal Bureau of Investigation.
(12) The National Reconnaissance Office.
(13) The National Geospatial-Intelligence Agency.
(14) The Coast Guard.
(15) The Department of Homeland Security.
(16) The Drug Enforcement Administration.
SEC. 2102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.
(a) Specifications of Amounts and Personnel Ceilings.--The amounts
authorized to be appropriated under section 2101, and the authorized
personnel ceilings as of September 30, 2007, for the conduct of the
intelligence and intelligence-related activities of the elements listed
in such section, are those specified in the classified Schedule of
Authorizations prepared to accompany the conference report on the bill
_____ of the One Hundred Ninth Congress and in the Classified Annex to
such report as incorporated in this division under section 2103.
(b) Availability of Classified Schedule of Authorizations.--The
Schedule of Authorizations shall be made available to the Committees on
Appropriations of the Senate and House of Representatives and to the
President. The President shall provide for suitable distribution of the
Schedule, or of appropriate portions of the Schedule, within the
executive branch.
SEC. 2103. INCORPORATION OF CLASSIFIED ANNEX.
(a) Status of Classified Annex.--The Classified Annex prepared by
the Select Committee on Intelligence of the Senate to accompany its
report on the bill S. __ of the One Hundred Ninth Congress and
transmitted to the President is hereby incorporated into this division.
(b) Construction With Other Provisions of Division.--Unless
otherwise specifically stated, the amounts specified in the Classified
Annex are not in addition to amounts authorized to be appropriated by
other provisions of this division.
(c) Limitation on Use of Funds.--Funds appropriated pursuant to an
authorization contained in this division that are made available for a
program, project, or activity referred to in the Classified Annex may
only be expended for such program, project, or activity in accordance
with such terms, conditions, limitations, restrictions, and
requirements as are set out for that program, project, or activity in
the Classified Annex.
(d) Distribution of Classified Annex.--The President shall provide
for appropriate distribution of the Classified Annex, or of appropriate
portions of the annex, within the executive branch of the Government.
SEC. 2104. PERSONNEL CEILING ADJUSTMENTS.
(a) Authority for Adjustments.--With the approval of the Director
of the Office of Management and Budget, the Director of National
Intelligence may authorize employment of civilian personnel in excess
of the number authorized for fiscal year 2007 under section 2102 when
the Director of National Intelligence determines that such action is
necessary to the performance of important intelligence functions,
except that the number of personnel employed in excess of the number
authorized under such section may not, for any element of the
intelligence community, exceed 2 percent of the number of civilian
personnel authorized under such section for such element.
(b) Notice to Intelligence Committees.--The Director of National
Intelligence shall promptly notify the Select Committee on Intelligence
of the Senate and the Permanent Select Committee on Intelligence of the
House of Representatives whenever the Director exercises the authority
granted by this section.
SEC. 2105. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.
(a) Authorization of Appropriations.--There is authorized to be
appropriated for the Intelligence Community Management Account of the
Director of National Intelligence for fiscal year 2007 the sum of
$648,952,000. Within such amount, funds identified in the classified
Schedule of Authorizations referred to in section 2102(a) for advanced
research and development shall remain available until September 30,
2008.
(b) Authorized Personnel Levels.--The elements within the
Intelligence Community Management Account of the Director of National
Intelligence are authorized 1,575 full-time personnel as of September
30, 2007. Personnel serving in such elements may be permanent employees
of the Intelligence Community Management Account or personnel detailed
from other elements of the United States Government.
(c) Classified Authorizations.--
(1) Authorization of appropriations.--In addition to
amounts authorized to be appropriated for the Intelligence
Community Management Account by subsection (a), there are also
authorized to be appropriated for the Intelligence Community
Management Account for fiscal year 2007 such additional amounts
as are specified in the classified Schedule of Authorizations
referred to in section 2102(a). Such additional amounts for
research and development shall remain available until September
30, 2008.
(2) Authorization of personnel.--In addition to the
personnel authorized by subsection (b) for elements of the
Intelligence Community Management Account as of September 30,
2007, there are also authorized such additional personnel for
such elements as of that date as are specified in the
classified Schedule of Authorizations.
(d) Reimbursement.--Except as provided in section 113 of the
National Security Act of 1947 (50 U.S.C. 404h), during fiscal year 2007
any officer or employee of the United States or a member of the Armed
Forces who is detailed to the staff of the Intelligence Community
Management Account from another element of the United States Government
shall be detailed on a reimbursable basis, except that any such
officer, employee, or member may be detailed on a nonreimbursable basis
for a period of less than one year for the performance of temporary
functions as required by the Director of National Intelligence.
SEC. 2106. INCORPORATION OF REPORTING REQUIREMENTS.
(a) In General.--Each requirement to submit a report to the
congressional intelligence committees that is included in the joint
explanatory statement to accompany the conference report on the bill
____ of the One Hundred Ninth Congress, or in the classified annex to
this division, is hereby incorporated into this division, and is hereby
made a requirement in law.
(b) Congressional Intelligence Committees Defined.--In this
section, the term ``congressional intelligence committees'' means--
(1) the Select Committee on Intelligence of the Senate; and
(2) the Permanent Select Committee on Intelligence of the
House of Representatives.
SEC. 2107. AVAILABILITY TO PUBLIC OF CERTAIN INTELLIGENCE FUNDING
INFORMATION.
(a) Amounts Requested Each Fiscal Year.--The President shall
disclose to the public for each fiscal year after fiscal year 2007 the
aggregate amount of appropriations requested in the budget of the
President for such fiscal year for the National Intelligence Program.
(b) Amounts Authorized and Appropriated Each Fiscal Year.--Congress
shall disclose to the public for each fiscal year after fiscal year
2006 the aggregate amount of funds authorized to be appropriated, and
the aggregate amount of funds appropriated, by Congress for such fiscal
year for the National Intelligence Program.
(c) Study on Disclosure of Additional Information.--
(1) In general.--The Director of National Intelligence
shall conduct a study to assess the advisability of disclosing
to the public amounts as follows:
(A) The aggregate amount of appropriations
requested in the budget of the President for each
fiscal year for each element of the intelligence
community.
(B) The aggregate amount of funds authorized to be
appropriated, and the aggregate amount of funds
appropriated, by Congress for each fiscal year for each
element of the intelligence community.
(2) Requirements.--The study required by paragraph (1)
shall--
(A) address whether or not the disclosure to the
public of the information referred to in that paragraph
would harm the national security of the United States;
and
(B) take into specific account concerns relating to
the disclosure of such information for each element of
the intelligence community.
(3) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director shall submit to Congress a
report on the study required by paragraph (1).
SEC. 2108. RESPONSE OF INTELLIGENCE COMMUNITY TO REQUESTS FROM CONGRESS
FOR INTELLIGENCE DOCUMENTS AND INFORMATION.
(a) In General.--Title V of the National Security Act of 1947 (50
U.S.C. 413 et seq.) is amended by adding at the end the following new
section:
``response of intelligence community to requests from congress for
intelligence documents and information
``Sec. 508. (a) Requests of Committees.--The Director of National
Intelligence, the Director of the National Counterterrorism Center, the
Director of a national intelligence center, or the head of any other
department, agency, or element of the Federal Government, or other
organization within the Executive branch, that is an element of the
intelligence community shall, not later than 15 days after receiving a
request for any intelligence assessment, report, estimate, legal
opinion, or other intelligence information from the Select Committee on
Intelligence of the Senate, the Permanent Select Committee on
Intelligence of the House of Representatives, or any other committee of
Congress with jurisdiction over the subject matter to which information
in such assessment, report, estimate, legal opinion, or other
information relates, make available to such committee such assessment,
report, estimate, legal opinion, or other information, as the case may
be.
``(b) Requests of Certain Members.--(1) The Director of National
Intelligence, the Director of the National Counterterrorism Center, the
Director of a national intelligence center, or the head of any other
department, agency, or element of the Federal Government, or other
organization within the Executive branch, that is an element of the
intelligence community shall respond, in the time specified in
subsection (a), to a request described in that subsection from the
Chairman or Vice Chairman of the Select Committee on Intelligence of
the Senate or the Chairman or Ranking Member of the Permanent Select
Committee on Intelligence of the House of Representatives.
``(2) Upon making a request covered by paragraph (1)--
``(A) the Chairman or Vice Chairman, as the case may be, of
the Select Committee on Intelligence of the Senate shall notify
the other of the Chairman or Vice Chairman of such request; and
``(B) the Chairman or Ranking Member, as the case may be,
of the Permanent Select Committee on Intelligence of the House
of Representatives shall notify the other of the Chairman or
Ranking Member of such request.
``(c) Assertion of Privilege.--In response to a request covered by
subsection (a) or (b), the Director of National Intelligence, the
Director of the National Counterterrorism Center, the Director of a
national intelligence center, or the head of any other department,
agency, or element of the Federal Government, or other organization
within the Executive branch, that is an element of the intelligence
community shall provide the document or information covered by such
request unless the President certifies that such document or
information is not being provided because the President is asserting a
privilege pursuant to the Constitution of the United States.''.
(b) Clerical Amendment.--The table of contents in the first section
of that Act is amended by inserting after the item relating to section
507 the following new item:
``Sec. 508. Response of intelligence community to requests from
Congress for intelligence documents and
information.''.
TITLE XXII--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY
SYSTEM
SEC. 2201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Central Intelligence
Agency Retirement and Disability Fund for fiscal year 2007 the sum of
$256,400,000.
TITLE XXIII--INTELLIGENCE AND GENERAL INTELLIGENCE COMMUNITY MATTERS
SEC. 2301. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED BY
LAW.
Appropriations authorized by this division for salary, pay,
retirement, and other benefits for Federal employees may be increased
by such additional or supplemental amounts as may be necessary for
increases in such compensation or benefits authorized by law.
SEC. 2302. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.
The authorization of appropriations by this division shall not be
deemed to constitute authority for the conduct of any intelligence
activity which is not otherwise authorized by the Constitution or the
laws of the United States.
SEC. 2303. CLARIFICATION OF DEFINITION OF INTELLIGENCE COMMUNITY UNDER
THE NATIONAL SECURITY ACT OF 1947.
Subparagraph (L) of section 3(4) of the National Security Act of
1947 (50 U.S.C. 401a(4)) is amended by striking ``other'' the second
place it appears.
SEC. 2304. IMPROVEMENT OF NOTIFICATION OF CONGRESS REGARDING
INTELLIGENCE ACTIVITIES OF THE UNITED STATES GOVERNMENT.
(a) Clarification of Definition of Congressional Intelligence
Committees To Include All Members of Committees.--Section 3(7) of the
National Security Act of 1947 (50 U.S.C. 401a(7)) is amended--
(1) in subparagraph (A), by inserting ``, and includes each
member of the Select Committee'' before the semicolon; and
(2) in subparagraph (B), by inserting ``, and includes each
member of the Permanent Select Committee'' before the period.
(b) Notice on Information Not Disclosed.--
(1) In general.--Section 502 of such Act (50 U.S.C. 413a)
is amended--
(A) by redesignating subsections (b) and (c) as
subsections (c) and (d), respectively; and
(B) by inserting after subsection (a) the following
new subsection (b):
``(b) Notice on Information Not Disclosed.--(1) If the Director of
National Intelligence or the head of a department, agency, or other
entity of the United States Government does not provide information
required by subsection (a) in full or to all the members of the
congressional intelligence committees and requests that such
information not be provided in full or to all members of the
congressional intelligence committees, the Director shall, in a timely
fashion--
``(A) notify all the members of such committees of the
determination not to provide such information in full or to all
members of such committees, as the case may be, including a
statement of the reasons for such determination; and
``(B) submit, in writing, to all the members of such
committees a summary of the intelligence activities covered by
such determination that provides sufficient information to
permit such members to assess the legality, benefits, costs,
and advisability of such activities.
``(2) Nothing in this subsection shall be construed as authorizing
less than full and current disclosure to all the members of the Select
Committee on Intelligence of the Senate and the Permanent Select
Committee on Intelligence of the House of Representatives of any
information necessary to keep all the members of such committees fully
and currently informed on all intelligence activities covered by this
section.''.
(2) Conforming amendment.--Subsection (d) of such section,
as redesignated by paragraph (1)(A) of this subsection, is
amended by striking ``subsection (b)'' and inserting
``subsections (b) and (c)''.
(c) Reports and Notice on Covert Actions.--
(1) Form and content of certain reports.--Subsection (b) of
section 503 of such Act (50 U.S.C. 413b) is amended--
(A) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(B) by inserting ``(1)'' after ``(b)''; and
(C) by adding at the end the following new
paragraph:
``(2) Any report relating to a covert action that is submitted to
the congressional intelligence committees for the purposes of paragraph
(1) shall be in writing, and shall contain the following:
``(A) A concise statement of any facts pertinent to such
report.
``(B) An explanation of the significance of the covert
action covered by such report.''.
(2) Notice on information not disclosed.--Subsection (c) of
such section is amended by adding at the end the following new
paragraph:
``(5) If the Director of National Intelligence or the head of a
department, agency, or other entity of the United States Government
does not provide information required by subsection (b)(2) in full or
to all the members of the congressional intelligence committees, and
requests that such information not be provided in full or to all
members of the congressional intelligence committees, for the reason
specified in paragraph (2), the Director shall, in a timely fashion--
``(A) notify all the members of such committees of the
determination not to provide such information in full or to all
members of such committees, as the case may be, including a
statement of the reasons for such determination; and
``(B) submit, in writing, to all the members of such
committees a summary of the covert action covered by such
determination that provides sufficient information to permit
such members to assess the legality, benefits, costs, and
advisability of such covert action.''.
(3) Modification of nature of change of covert action
triggering notice requirements.--Subsection (d) of such section
is amended by striking ``significant'' the first place it
appears.
SEC. 2305. DELEGATION OF AUTHORITY FOR TRAVEL ON COMMON CARRIERS FOR
INTELLIGENCE COLLECTION PERSONNEL.
(a) Delegation of Authority.--Section 116(b) of the National
Security Act of 1947 (50 U.S.C. 404k(b)) is amended--
(1) by inserting ``(1)'' before ``The Director'';
(2) in paragraph (1), by striking ``may only delegate'' and
all that follows and inserting ``may delegate the authority in
subsection (a) to the head of any other element of the
intelligence community.''; and
(3) by adding at the end the following new paragraph:
``(2) The head of an element of the intelligence community to whom
the authority in subsection (a) is delegated pursuant to paragraph (1)
may further delegate such authority to such senior officials of such
element as are specified in guidelines prescribed by the Director of
National Intelligence for purposes of this paragraph.''.
(b) Submittal of Guidelines to Congress.--Not later than six months
after the date of the enactment of this Act, the Director of National
Intelligence shall prescribe and submit to the congressional
intelligence committees the guidelines referred to in paragraph (2) of
section 116(b) of the National Security Act of 1947, as added by
subsection (a).
(c) Congressional Intelligence Committees Defined.--In this
section, the term ``congressional intelligence committees'' means--
(1) the Select Committee on Intelligence of the Senate; and
(2) the Permanent Select Committee on Intelligence of the
House of Representatives.
SEC. 2306. MODIFICATION OF AVAILABILITY OF FUNDS FOR DIFFERENT
INTELLIGENCE ACTIVITIES.
Subparagraph (B) of section 504(a)(3) of the National Security Act
of 1947 (50 U.S.C. 414(a)(3)) is amended to read as follows:
``(B) the use of such funds for such activity supports an
emergent need, improves program effectiveness, or increases
efficiency; and''.
SEC. 2307. ADDITIONAL LIMITATION ON AVAILABILITY OF FUNDS FOR
INTELLIGENCE AND INTELLIGENCE-RELATED ACTIVITIES.
Section 504 of the National Security Act of 1947 (50 U.S.C. 414) is
amended--
(1) in subsection (a), by inserting ``the congressional
intelligence committees have been fully and currently informed
of such activity and if'' after ``only if'';
(2) by redesignating subsections (b), (c), (d), and (e) as
subsections (c), (d), (e), and (f), respectively; and
(3) by inserting after subsection (a) the following new
subsection (b):
``(b) In any case in which notice to the congressional intelligence
committees on an intelligence or intelligence-related activity is
covered by section 502(b), or in which notice to the congressional
intelligence committees on a covert action is covered by section
503(c)(5), the congressional intelligence committees shall be treated
as being fully and currently informed on such activity or covert
action, as the case may be, for purposes of subsection (a) if the
requirements of such section 502(b) or 503(c)(5), as applicable, have
been met.''.
SEC. 2308. INCREASE IN PENALTIES FOR DISCLOSURE OF UNDERCOVER
INTELLIGENCE OFFICERS AND AGENTS.
(a) Disclosure of Agent After Access to Information Identifying
Agent.--Subsection (a) of section 601 of the National Security Act of
1947 (50 U.S.C. 421) is amended by striking ``ten years'' and inserting
``15 years''.
(b) Disclosure of Agent After Access to Classified Information.--
Subsection (b) of such section is amended by striking ``five years''
and inserting ``ten years''.
SEC. 2309. RETENTION AND USE OF AMOUNTS PAID AS DEBTS TO ELEMENTS OF
THE INTELLIGENCE COMMUNITY.
(a) In General.--Title XI of the National Security Act of 1947 (50
U.S.C. 442 et seq.) is amended by adding at the end the following new
section:
``retention and use of amounts paid as debts to elements of the
intelligence community
``Sec. 1103. (a) Authority To Retain Amounts Paid.--
Notwithstanding section 3302 of title 31, United States Code, or any
other provision of law, the head of an element of the intelligence
community may retain amounts paid or reimbursed to the United States,
including amounts paid by an employee of the Federal Government from
personal funds, for repayment of a debt owed to the element of the
intelligence community.
``(b) Crediting of Amounts Retained.--(1) Amounts retained under
subsection (a) shall be credited to the current appropriation or
account from which such funds were derived or whose expenditure formed
the basis for the underlying activity from which the debt concerned
arose.
``(2) Amounts credited to an appropriation or account under
paragraph (1) shall be merged with amounts in such appropriation or
account, and shall be available in accordance with subsection (c).
``(c) Availability of Amounts.--Amounts credited to an
appropriation or account under subsection (b) with respect to a debt
owed to an element of the intelligence community shall be available to
the head of such element, for such time as is applicable to amounts in
such appropriation or account, or such longer time as may be provided
by law, for purposes as follows:
``(1) In the case of a debt arising from lost or damaged
property of such element, the repair of such property or the
replacement of such property with alternative property that
will perform the same or similar functions as such property.
``(2) The funding of any other activities authorized to be
funded by such appropriation or account.
``(d) Debt Owed to an Element of the Intelligence Community
Defined.--In this section, the term `debt owed to an element of the
intelligence community' means any of the following:
``(1) A debt owed to an element of the intelligence
community by an employee or former employee of such element for
the negligent or willful loss of or damage to property of such
element that was procured by such element using appropriated
funds.
``(2) A debt owed to an element of the intelligence
community by an employee or former employee of such element as
repayment for default on the terms and conditions associated
with a scholarship, fellowship, or other educational assistance
provided to such individual by such element, whether in
exchange for future services or otherwise, using appropriated
funds.
``(3) Any other debt or repayment owed to an element of the
intelligence community by a private person or entity by reason
of the negligent or willful action of such person or entity, as
determined by a court of competent jurisdiction or in a lawful
administrative proceeding.''.
(b) Clerical Amendment.--The table of contents in the first section
of that Act is amended by adding at the end the following new item:
``Sec. 1103. Retention and use of amounts paid as debts to elements of
the intelligence community.''.
SEC. 2310. PILOT PROGRAM ON DISCLOSURE OF RECORDS UNDER THE PRIVACY ACT
RELATING TO CERTAIN INTELLIGENCE ACTIVITIES.
(a) In General.--Subsection (b) of section 552a of title 5, United
States Code, is amended--
(1) in paragraph (11), by striking ``or'' at the end;
(2) in paragraph (12), by striking the period and inserting
``; or''; and
(3) by adding at the end the following new paragraph:
``(13) to an element of the intelligence community set
forth in or designated under section 3(4) of the National
Security Act of 1947 (50 U.S.C. 401a(4))--
``(A) by another element of the intelligence
community that maintains the record, if the record is
relevant to a lawful and authorized foreign
intelligence or counterintelligence activity conducted
by the receiving element of the intelligence community
and pertains to an identifiable individual or, upon the
authorization of the Director of National Intelligence
(or a designee of the Director in a position not lower
than Deputy Director of National Intelligence), other
than an identifiable individual; or
``(B) by any other agency that maintains the
record, if--
``(i) the head of the element of the
intelligence community makes a written request
to that agency specifying the particular
portion of the record that is relevant to a
lawful and authorized activity of the element
of the intelligence community to protect
against international terrorism or the
proliferation of weapons of mass destruction;
or
``(ii) the head of that agency determines
that--
``(I) the record, or particular
portion thereof, constitutes terrorism
information (as that term is defined in
section 1016(a)(4) of the National
Security Intelligence Reform Act of
2004 (title I of Public Law 108-458))
or information concerning the
proliferation of weapons of mass
destruction; and
``(II) the disclosure of the
record, or particular portion thereof,
will be to an element of the
intelligence community authorized to
collect and analyze foreign
intelligence or counterintelligence
information related to international
terrorism or the proliferation of
weapons of mass destruction.''.
(b) Exemption From Certain Privacy Act Requirements for Record
Access and Accounting for Disclosures.--Elements of the intelligence
community set forth in or designated under section 3(4) of the National
Security Act of 1947 (50 U.S.C. 401a(4)) receiving a disclosure under
subsection (b)(13) of section 552a of title 5, United States Code,
shall not be required to comply with subsection (c)(3), (c)(4), or (d)
of such section 552a with respect to such disclosure, or the records,
or portions thereof, disclosed under subsection (b)(13) of such section
552a.
(c) Consultation on Determinations of Information Type.--Such
section is further amended by adding at the end the following new
subsection:
``(w) Authority To Consult on Determinations of Information Type.--
When determining for purposes of subsection (b)(13)(B)(ii) whether a
record constitutes terrorism information (as that term is defined in
section 1016(a)(4)) of the National Security Intelligence Reform Act of
2004 (title I of Public Law 108-458; 118 Stat. 3665)) or information
concerning the proliferation of weapons of mass destruction, the head
of an agency may consult with the Director of National Intelligence or
the Attorney General.''.
(d) Construction.--Nothing in the amendments made by this section
shall be deemed to constitute authority for the receipt, collection, or
retention of information unless the receipt, collection, or retention
of such information by the element of the intelligence community
concerned is otherwise authorized by the Constitution, laws, or
Executive orders of the United States.
(e) Recordkeeping Requirements.--
(1) Retention of requests.--Any request made by the head of
an element of the intelligence community to another department
or agency of the Federal Government under paragraph (13)(B)(i)
of section 552a(b) of title 5, United States Code (as added by
subsection (a)), shall be retained by such element of the
intelligence community in a manner consistent with the
protection of intelligence sources and methods. Any request so
retained should be accompanied by an explanation that supports
the assertion of the element of the intelligence community
requesting the record that the information was, at the time of
request, relevant to a lawful and authorized activity to
protect against international terrorism or the proliferation of
weapons of mass destruction.
(2) Access to retained requests.--An element of the
intelligence community retaining a request, and any
accompanying explanation, under paragraph (1) shall, consistent
with the protection of intelligence sources and methods,
provide access to such request, and any accompanying
explanation, to the following:
(A) The head of the department or agency of the
Federal Government receiving such request, or the
designee of the head of such department or agency, if--
(i) the access of such official to such
request, and any accompanying explanation, is
consistent with the protection of intelligence
sources and methods;
(ii) such official is appropriately cleared
for access to such request, and any
accompanying explanation; and
(iii) the access of such official to such
request, and any accompanying explanation, is
necessary for the performance of the duties of
such official.
(B) The Select Committee on Intelligence of the
Senate or the Permanent Select Committee on
Intelligence of the House of Representatives.
(C) The Inspector General of any element of the
intelligence community having jurisdiction over the
matter.
(f) Reports.--
(1) Annual reports.--Not later than one year after the date
of the enactment of this Act, and annually thereafter through
the termination of this section and the amendments made by this
section under subsection (j), the Director of National
Intelligence and the Attorney General, in coordination with the
Privacy and Civil Liberties Oversight Board, shall jointly
submit to the appropriate committees of Congress a report on
the administration of this section and the amendments made by
this section.
(2) Final report.--Not later than six months before the
date specified in subsection (j), the Director of National
Intelligence and the Attorney General, in coordination with the
Privacy and Civil Liberties Oversight Board, shall jointly
submit to the appropriate committees of Congress a report on
administration of this section and the amendments made by this
section. The report shall include the recommendations of the
Director and the Attorney General, as they consider
appropriate, regarding the continuation in effect of such
amendments after such date.
(3) Review and report by privacy and civil liberties
oversight board.--Not later than six months before the date
specified in subsection (j), the Privacy and Civil Liberties
Oversight Board shall--
(A) review the administration of the amendments
made by this section; and
(B) in a manner consistent with section 1061(c)(1)
of the National Security Intelligence Reform Act of
2004 (title I of Public Law 108-458; 118 Stat. 3684; 5
U.S.C. 601 note), submit to the appropriate committees
of Congress a report providing such advice and counsel
on the administration of this section and the
amendments made by this section as the Board considers
appropriate.
(4) Form of reports.--Each report under this subsection
shall, to the maximum extent practicable, be submitted in
unclassified form. Any classified annex included with such a
report shall be submitted to the Select Committee on
Intelligence of the Senate and the Permanent Select Committee
on Intelligence of the House of Representatives.
(g) Guidelines.--
(1) In general.--Not later than six months after the date
of the enactment of this Act, the Attorney General and the
Director of National Intelligence shall, in consultation with
the Secretary of Defense and other appropriate officials,
jointly prescribe guidelines governing the implementation and
exercise of the authorities provided in this section and the
amendments made by this section.
(2) Elements.--The guidelines prescribed under paragraph
(1) shall--
(A) ensure that the authorities provided under
paragraph (13) of section 552a(b) of title 5, United
States Code (as added by subsection (a)), are
implemented in a manner that protects the rights under
the Constitution of United States persons;
(B) direct that all applicable policies and
procedures governing the receipt, collection,
retention, analysis, and dissemination of foreign
intelligence information concerning United States
persons are appropriately followed; and
(C) provide that the authorities provided under
paragraph (13) of section 552a(b) of title 5, United
States Code (as so added), are implemented in a manner
consistent with existing laws, regulations, and
Executive orders governing the conduct of intelligence
activities.
(3) Form.--The guidelines prescribed under paragraph (1)
shall be unclassified, to the maximum extent practicable, but
may include a classified annex.
(4) Submittal to congress.--The guidelines prescribed under
paragraph (1) shall be submitted to the appropriate committees
of Congress. Any classified annex included with such guidelines
shall be submitted to the Select Committee on Intelligence of
the Senate and the Permanent Select Committee on Intelligence
of the House of Representatives.
(h) Effective Date.--
(1) In general.--Except as provided in paragraph (2), this
section and the amendments made by this section shall take
effect on the date of the issuance of the guidelines required
by subsection (g).
(2) Certain requirements.--Subsections (f) and (g) shall
take effect on the date of the enactment of this Act.
(i) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Homeland Security and Governmental
Affairs and the Select Committee on Intelligence of the Senate;
and
(2) the Committee on Government Reform and the Permanent
Select Committee on Intelligence of the House of
Representatives.
(j) Termination.--This section and the amendments made by this
section shall cease to have effect on the date that is three years
after the date of the issuance of the guidelines required by subsection
(g).
SEC. 2311. EXTENSION TO INTELLIGENCE COMMUNITY OF AUTHORITY TO DELETE
INFORMATION ABOUT RECEIPT AND DISPOSITION OF FOREIGN
GIFTS AND DECORATIONS.
Paragraph (4) of section 7342(f) of title 5, United States Code, is
amended to read as follows:
``(4)(A) In transmitting such listings for an element of the
intelligence community, the head of such element may delete the
information described in subparagraphs (A) and (C) of paragraphs (2)
and (3) if the head of such element certifies in writing to the
Secretary of State that the publication of such information could
adversely affect United States intelligence sources or methods.
``(B) Any information not provided to the Secretary of State
pursuant to the authority in subparagraph (A) shall be transmitted to
the Director of National Intelligence.
``(C) In this paragraph, the term `element of the intelligence
community' means an element of the intelligence community listed in or
designated under section 3(4) of the National Security Act of 1947 (50
U.S.C. 401a(4)).''.
SEC. 2312. AVAILABILITY OF FUNDS FOR TRAVEL AND TRANSPORTATION OF
PERSONAL EFFECTS, HOUSEHOLD GOODS, AND AUTOMOBILES.
(a) Funds of Office of Director of National Intelligence.--Funds
appropriated to the Office of the Director of National Intelligence and
available for travel and transportation expenses shall be available for
such expenses when any part of the travel or transportation concerned
begins in a fiscal year pursuant to travel orders issued in such fiscal
year, notwithstanding that such travel or transportation is or may not
be completed during such fiscal year.
(b) Funds of Central Intelligence Agency.--Funds appropriated to
the Central Intelligence Agency and available for travel and
transportation expenses shall be available for such expenses when any
part of the travel or transportation concerned begins in a fiscal year
pursuant to travel orders issued in such fiscal year, notwithstanding
that such travel or transportation is or may not be completed during
such fiscal year.
(c) Travel and Transportation Expenses Defined.--In this section,
the term ``travel and transportation expenses'' means the following:
(1) Expenses in connection with travel of personnel,
including travel of dependents.
(2) Expenses in connection with transportation of personal
effects, household goods, or automobiles of personnel.
SEC. 2313. DIRECTOR OF NATIONAL INTELLIGENCE REPORT ON COMPLIANCE WITH
THE DETAINEE TREATMENT ACT OF 2005.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence shall
submit to the congressional intelligence committees a comprehensive
report on all measures taken by the Office of the Director of National
Intelligence and by each element, if any, of the intelligence community
with relevant responsibilities to comply with the provisions of the
Detainee Treatment Act of 2005 (title X of division A of Public Law
109-148).
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) A description of the detention or interrogation
methods, if any, that have been determined to comply with
section 1003 of the Detainee Treatment Act of 2005 (119 Stat.
2739; 42 U.S.C. 2000dd), and, with respect to each such
method--
(A) an identification of the official making such
determination; and
(B) a statement of the basis for such
determination.
(2) A description of the detention or interrogation
methods, if any, whose use has been discontinued pursuant to
the Detainee Treatment Act of 2005, and, with respect to each
such method--
(A) an identification of the official making the
determination to discontinue such method; and
(B) a statement of the basis for such
determination.
(3) A description of any actions that have been taken to
implement section 1004 of the Detainee Treatment Act of 2005
(119 Stat. 2740; 42 U.S.C. 2000dd-1), and, with respect to each
such action--
(A) an identification of the official taking such
action; and
(B) a statement of the basis for such action.
(4) Any other matters that the Director considers necessary
to fully and currently inform the congressional intelligence
committees about the implementation of the Detainee Treatment
Act of 2005.
(5) An appendix containing--
(A) all guidelines for the application of the
Detainee Treatment Act of 2005 to the detention or
interrogation activities, if any, of any element of the
intelligence community; and
(B) all legal opinions of any office or official of
the Department of Justice about the meaning or
application of Detainee Treatment Act of 2005 with
respect to the detention or interrogation activities,
if any, of any element of the intelligence community.
(c) Form.--The report required by subsection (a) shall be submitted
in classified form.
(d) Definitions.--In this section:
(1) The term ``congressional intelligence committees''
means--
(A) the Select Committee on Intelligence of the
Senate; and
(B) the Permanent Select Committee of the House of
Representatives.
(2) The term ``intelligence community'' means the elements
of the intelligence community specified in or designated under
section 3(4) of the National Security Act of 1947 (50 U.S.C.
401a(4)).
SEC. 2314. REPORT ON ALLEGED CLANDESTINE DETENTION FACILITIES FOR
INDIVIDUALS CAPTURED IN THE GLOBAL WAR ON TERRORISM.
(a) In General.--The President shall ensure that the United States
Government continues to comply with the authorization, reporting, and
notification requirements of title V of the National Security Act of
1947 (50 U.S.C. 413 et seq.).
(b) Director of National Intelligence Report.--
(1) Report required.--Not later than 60 days after the date
of the enactment of this Act, the Director of National
Intelligence shall provide to the members of the Select
Committee on Intelligence of the Senate and the Permanent
Select Committee on Intelligence of the House of
Representatives a detailed report setting forth the nature and
cost of, and otherwise providing a full accounting on, any
clandestine prison or detention facility currently or formerly
operated by the United States Government, regardless of
location, where detainees in the global war on terrorism are or
were being held.
(2) Elements.--The report required by paragraph (1) shall
set forth, for each prison or facility, if any, covered by such
report, the following:
(A) The location and size of such prison or
facility.
(B) If such prison or facility is no longer being
operated by the United States Government, the
disposition of such prison or facility.
(C) The number of detainees currently held or
formerly held, as the case may be, at such prison or
facility.
(D) Any plans for the ultimate disposition of any
detainees currently held at such prison or facility.
(E) A description of the interrogation procedures
used or formerly used on detainees at such prison or
facility and a determination, in coordination with
other appropriate officials, on whether such procedures
are or were in compliance with United States
obligations under the Geneva Conventions and the
Convention Against Torture.
(3) Form of report.--The report required by paragraph (1)
shall be submitted in classified form.
SEC. 2315. SENSE OF CONGRESS ON ELECTRONIC SURVEILLANCE.
(a) Findings.--Congress makes the following findings:
(1) United States government authorities should have the
legal authority to engage in electronic surveillance of any
telephone conversation in which one party is reasonably
believed to be a member or agent of a terrorist organization.
(2) Absent emergency or other appropriate circumstances,
domestic electronic surveillance should be subject to judicial
review in order to protect the privacy of law abiding Americans
with no ties to terrorism.
(3) The Foreign Intelligence Surveillance Act of 1978
(FISA) authorizes the President to obtain a warrant for the
electronic surveillance of any telephone conversation in which
one party is reasonably believed to be a member or agent of a
terrorist organization. That Act also establishes procedures
for engaging in electronic surveillance without a warrant on a
temporary basis when emergency circumstances make obtaining a
warrant impractical.
(4) During the quarter century since the enactment of the
Foreign Intelligence Surveillance Act of 1978, the Foreign
Intelligence Surveillance Court has issued a warrant for
electronic surveillance in response to all but 5 of the
approximately 19,000 applications for such a warrant.
(5) Congress has amended the Foreign Intelligence
Surveillance Act of 1978 numerous times, including six times
since September 11, 2001, to streamline the procedures for
obtaining a warrant from the Foreign Intelligence Surveillance
Court.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Select Committee on Intelligence of the Senate and
the Permanent Select Committee on Intelligence of the House of
Representatives must be fully briefed on the history,
operation, and usefulness of the warrantless wiretapping
program carried out by the National Security Agency;
(2) Congress should modify the Foreign Intelligence
Surveillance Act of 1978 as needed to ensure that the
government may engage in electronic surveillance of telephone
conversations in which one party is reasonably believed to be a
member or agent of a terrorist organization;
(3) the requirement that the government must, absent
emergency or other appropriate circumstances, obtain a judicial
warrant prior to engaging in electronic surveillance of a
United States person should remain in place to protect the
privacy of law abiding Americans with no ties to terrorism; and
(4) the President is not above the law and must abide by
congressionally-enacted procedures for engaging in electronic
surveillance.
TITLE XXIV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Subtitle A--Office of the Director of National Intelligence
SEC. 2401. ADDITIONAL AUTHORITIES OF THE DIRECTOR OF NATIONAL
INTELLIGENCE ON INTELLIGENCE INFORMATION SHARING.
Section 102A(g)(1) of the National Security Act of 1947 (50 U.S.C.
403-1(g)(1)) is amended--
(1) in subparagraph (E), by striking ``and'' at the end;
(2) in subparagraph (F), by striking the period and
inserting a semicolon; and
(3) by adding at the end the following the following new
subparagraphs:
``(G) in carrying out this subsection, have the authority--
``(i) to direct the development, deployment, and
utilization of systems of common concern for elements
of the intelligence community, or that support the
activities of such elements, related to the collection,
processing, analysis, exploitation, and dissemination
of intelligence information; and
``(ii) without regard to any provision of law
relating to the transfer, reprogramming, obligation, or
expenditure of funds, other than the provisions of this
Act and the National Security Intelligence Reform Act
of 2004 (title I of Public Law 108-458), to expend
funds for purposes associated with the development,
deployment, and utilization of such systems, which
funds may be received and utilized by any department,
agency, or other element of the United States
Government for such purposes; and
``(H) for purposes of addressing critical gaps in
intelligence information sharing or access capabilities, have
the authority to transfer funds appropriated for a program
within the National Intelligence Program to a program funded by
appropriations not within the National Intelligence Program,
consistent with paragraphs (3) through (7) of subsection
(d).''.
SEC. 2402. MODIFICATION OF LIMITATION ON DELEGATION BY THE DIRECTOR OF
NATIONAL INTELLIGENCE OF THE PROTECTION OF INTELLIGENCE
SOURCES AND METHODS.
Section 102A(i)(3) of the National Security Act of 1947 (50 U.S.C.
403-1(i)(3)) is amended by inserting before the period the following:
``, any Deputy Director of National Intelligence, or the Chief
Information Officer of the Intelligence Community''.
SEC. 2403. AUTHORITY OF THE DIRECTOR OF NATIONAL INTELLIGENCE TO MANAGE
ACCESS TO HUMAN INTELLIGENCE INFORMATION.
Section 102A(b) of the National Security Act of 1947 (50 U.S.C.
403-1(b)) is amended--
(1) by inserting ``(1)'' before ``Unless''; and
(2) by adding at the end the following new paragraph:
``(2) The Director of National Intelligence shall--
``(A) have access to all national intelligence, including
intelligence reports, operational data, and other associated
information, concerning the human intelligence operations of
any element of the intelligence community authorized to
undertake such collection;
``(B) consistent with the protection of intelligence
sources and methods and applicable requirements in Executive
Order 12333 (or any successor order) regarding the retention
and dissemination of information concerning United States
persons, ensure maximum access to the intelligence information
contained in the information referred to in subparagraph (A)
throughout the intelligence community; and
``(C) consistent with subparagraph (B), provide within the
Office of the Director of National Intelligence a mechanism for
intelligence community analysts and other officers with
appropriate clearances and an official need-to-know to gain
access to information referred to in subparagraph (A) or (B)
when relevant to their official responsibilities.''.
SEC. 2404. ADDITIONAL ADMINISTRATIVE AUTHORITY OF THE DIRECTOR OF
NATIONAL INTELLIGENCE.
Section 102A of the National Security Act of 1947 (50 U.S.C. 403-1)
is amended by adding at the end the following new subsection:
``(s) Additional Administrative Authorities.--(1) Notwithstanding
section 1532 of title 31, United States Code, or any other provision of
law prohibiting the interagency financing of activities described in
clause (i) or (ii) of subparagraph (A), in the performance of the
responsibilities, authorities, and duties of the Director of National
Intelligence or the Office of the Director of National Intelligence--
``(A) the Director may authorize the use of interagency
financing for--
``(i) national intelligence centers established by
the Director under section 119B; and
``(ii) boards, commissions, councils, committees,
and similar groups established by the Director; and
``(B) upon the authorization of the Director, any
department, agency, or element of the United States Government,
including any element of the intelligence community, may fund
or participate in the funding of such activities.
``(2) No provision of law enacted after the date of the enactment
of this subsection shall be deemed to limit or supersede the authority
in paragraph (1) unless such provision makes specific reference to the
authority in that paragraph.''.
SEC. 2405. CLARIFICATION OF LIMITATION ON CO-LOCATION OF THE OFFICE OF
THE DIRECTOR OF NATIONAL INTELLIGENCE.
Section 103(e) of the National Security Act of 1947 (50 U.S.C. 403-
3(e)) is amended--
(1) by striking ``with'' and inserting ``of headquarters
with headquarters of'';
(2) by inserting ``the headquarters of'' before ``the
Office''; and
(3) by striking ``any other element'' and inserting ``the
headquarters of any other element''.
SEC. 2406. ADDITIONAL DUTIES OF THE DIRECTOR OF SCIENCE AND TECHNOLOGY
OF THE OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE.
(a) Coordination and Prioritization of Research Conducted by
Elements of Intelligence Community.--Subsection (d) of section 103E of
the National Security Act of 1947 (50 U.S.C. 403-3e) is amended--
(1) in paragraph (3)(A), by inserting ``and prioritize''
after ``coordinate''; and
(2) by adding at the end the following new paragraph:
``(4) In carrying out paragraph (3)(A), the Committee shall
identify basic, advanced, and applied research programs to be carried
out by elements of the intelligence community.''.
(b) Development of Technology Goals.--That section is further
amended--
(1) in subsection (c)--
(A) in paragraph (4), by striking ``and'' at the
end;
(B) by redesignating paragraph (5) as paragraph
(8); and
(C) by inserting after paragraph (4) the following
new paragraphs:
``(5) assist the Director in establishing goals for the
elements of the intelligence community to meet the technology
needs of the intelligence community;
``(6) under the direction of the Director, establish
engineering standards and specifications applicable to each
acquisition of a major system (as that term is defined in
section 506A(e)(3)) by the intelligence community;
``(7) ensure that each acquisition program of the
intelligence community for a major system (as so defined)
complies with the standards and specifications established
under paragraph (6); and''; and
(2) by adding at the end the following new subsection:
``(e) Goals for Technology Needs of Intelligence Community.--In
carrying out subsection (c)(5), the Director of Science and Technology
shall--
``(1) systematically identify and assess the most
significant intelligence challenges that require technical
solutions;
``(2) examine options to enhance the responsiveness of
research and design programs of the elements of the
intelligence community to meet the requirements of the
intelligence community for timely support; and
``(3) assist the Director of National Intelligence in
establishing research and development priorities and projects
for the intelligence community that--
``(A) are consistent with current or future
national intelligence requirements;
``(B) address deficiencies or gaps in the
collection, processing, analysis, or dissemination of
national intelligence;
``(C) take into account funding constraints in
program development and acquisition; and
``(D) address system requirements from collection
to final dissemination (also known as `end-to-end
architecture').''.
(c) Report.--(1) Not later than June 30, 2007, the Director of
National Intelligence shall submit to Congress a report containing a
strategy for the development and use of technology in the intelligence
community through 2021.
(2) The report shall include--
(A) an assessment of the highest priority intelligence gaps
across the intelligence community that may be resolved by the
use of technology;
(B) goals for advanced research and development and a
strategy to achieve such goals;
(C) an explanation of how each advanced research and
development project funded under the National Intelligence
Program addresses an identified intelligence gap;
(D) a list of all current and projected research and
development projects by research type (basic, advanced, or
applied) with estimated funding levels, estimated initiation
dates, and estimated completion dates; and
(E) a plan to incorporate technology from research and
development projects into National Intelligence Program
acquisition programs.
(3) The report may be submitted in classified form.
SEC. 2407. APPOINTMENT AND TITLE OF CHIEF INFORMATION OFFICER OF THE
INTELLIGENCE COMMUNITY.
(a) Appointment.--
(1) In general.--Subsection (a) of section 103G of the
National Security Act of 1947 (50 U.S.C. 403-3g) is amended by
striking ``the President, by and with the advice and consent of
the Senate'' and inserting ``the Director of National
Intelligence''.
(2) Applicability.--The amendment made by paragraph (1)
shall take effect on the date of the enactment of this Act, and
shall apply with respect to any appointment of an individual as
Chief Information Officer of the Intelligence Community that is
made on or after that date.
(b) Title.--Such section is further amended--
(1) in subsection (a), by inserting ``of the Intelligence
Community'' after ``Chief Information Officer'';
(2) in subsection (b), by inserting ``of the Intelligence
Community'' after ``Chief Information Officer'';
(3) in subsection (c), by inserting ``of the Intelligence
Community'' after ``Chief Information Officer''; and
(4) in subsection (d), by inserting ``of the Intelligence
Community'' after ``Chief Information Officer'' the first place
it appears.
SEC. 2408. INSPECTOR GENERAL OF THE INTELLIGENCE COMMUNITY.
(a) Establishment.--(1) Title I of the National Security Act of
1947 (50 U.S.C. 402 et seq.) is amended by inserting after section 103G
the following new section:
``inspector general of the intelligence community
``Sec. 103H. (a) Office of Inspector General of Intelligence
Community.--There is within the Office of the Director of National
Intelligence an Office of the Inspector General of the Intelligence
Community.
``(b) Purpose.--The purpose of the Office of the Inspector General
of the Intelligence Community is to--
``(1) create an objective and effective office,
appropriately accountable to Congress, to initiate and conduct
independently investigations, inspections, and audits relating
to--
``(A) the programs and operations of the
intelligence community;
``(B) the elements of the intelligence community
within the National Intelligence Program; and
``(C) the relationships between the elements of the
intelligence community within the National Intelligence
Program and the other elements of the intelligence
community;
``(2) recommend policies designed--
``(A) to promote economy, efficiency, and
effectiveness in the administration and implementation
of such programs and operations, and in such
relationships; and
``(B) to prevent and detect fraud and abuse in such
programs, operations, and relationships;
``(3) provide a means for keeping the Director of National
Intelligence fully and currently informed about--
``(A) problems and deficiencies relating to the
administration and implementation of such programs and
operations, and to such relationships; and
``(B) the necessity for, and the progress of,
corrective actions; and
``(4) in the manner prescribed by this section, ensure that
the congressional intelligence committees are kept similarly
informed of--
``(A) significant problems and deficiencies
relating to the administration and implementation of
such programs and operations, and to such
relationships; and
``(B) the necessity for, and the progress of,
corrective actions.
``(c) Inspector General of Intelligence Community.--(1) There is an
Inspector General of the Intelligence Community, who shall be the head
of the Office of the Inspector General of the Intelligence Community,
who shall be appointed by the President, by and with the advice and
consent of the Senate.
``(2) The nomination of an individual for appointment as Inspector
General shall be made--
``(A) without regard to political affiliation;
``(B) solely on the basis of integrity, compliance with the
security standards of the intelligence community, and prior
experience in the field of intelligence or national security;
and
``(C) on the basis of demonstrated ability in accounting,
financial analysis, law, management analysis, public
administration, or auditing.
``(3) The Inspector General shall report directly to and be under
the general supervision of the Director of National Intelligence.
``(4) The Inspector General may be removed from office only by the
President. The President shall immediately communicate in writing to
the congressional intelligence committees the reasons for the removal
of any individual from the position of Inspector General.
``(d) Duties and Responsibilities.--Subject to subsections (g) and
(h), it shall be the duty and responsibility of the Inspector General
of the Intelligence Community--
``(1) to provide policy direction for, and to plan,
conduct, supervise, and coordinate independently, the
investigations, inspections, and audits relating to the
programs and operations of the intelligence community, the
elements of the intelligence community within the National
Intelligence Program, and the relationships between the
elements of the intelligence community within the National
Intelligence Program and the other elements of the intelligence
community to ensure they are conducted efficiently and in
accordance with applicable law and regulations;
``(2) to keep the Director of National Intelligence fully
and currently informed concerning violations of law and
regulations, violations of civil liberties and privacy, and
fraud and other serious problems, abuses, and deficiencies that
may occur in such programs and operations, and in such
relationships, and to report the progress made in implementing
corrective action;
``(3) to take due regard for the protection of intelligence
sources and methods in the preparation of all reports issued by
the Inspector General, and, to the extent consistent with the
purpose and objective of such reports, take such measures as
may be appropriate to minimize the disclosure of intelligence
sources and methods described in such reports; and
``(4) in the execution of the duties and responsibilities
under this section, to comply with generally accepted
government auditing standards.
``(e) Limitations on Activities.--(1) The Director of National
Intelligence may prohibit the Inspector General of the Intelligence
Community from initiating, carrying out, or completing any
investigation, inspection, or audit if the Director determines that
such prohibition is necessary to protect vital national security
interests of the United States.
``(2) If the Director exercises the authority under paragraph (1),
the Director shall submit an appropriately classified statement of the
reasons for the exercise of such authority within 7 days to the
congressional intelligence committees.
``(3) The Director shall advise the Inspector General at the time a
report under paragraph (2) is submitted, and, to the extent consistent
with the protection of intelligence sources and methods, provide the
Inspector General with a copy of such report.
``(4) The Inspector General may submit to the congressional
intelligence committees any comments on a report of which the Inspector
General has notice under paragraph (3) that the Inspector General
considers appropriate.
``(f) Authorities.--(1) The Inspector General of the Intelligence
Community shall have direct and prompt access to the Director of
National Intelligence when necessary for any purpose pertaining to the
performance of the duties of the Inspector General.
``(2)(A) The Inspector General shall have access to any employee,
or any employee of a contractor, of any element of the intelligence
community whose testimony is needed for the performance of the duties
of the Inspector General.
``(B) The Inspector General shall have direct access to all
records, reports, audits, reviews, documents, papers, recommendations,
or other material which relate to the programs and operations with
respect to which the Inspector General has responsibilities under this
section.
``(C) The level of classification or compartmentation of
information shall not, in and of itself, provide a sufficient rationale
for denying the Inspector General access to any materials under
subparagraph (B).
``(D) Failure on the part of any employee, or any employee of a
contractor, of any element of the intelligence community to cooperate
with the Inspector General shall be grounds for appropriate
administrative actions by the Director or, on the recommendation of the
Director, other appropriate officials of the intelligence community,
including loss of employment or the termination of an existing
contractual relationship.
``(3) The Inspector General is authorized to receive and
investigate complaints or information from any person concerning the
existence of an activity constituting a violation of laws, rules, or
regulations, or mismanagement, gross waste of funds, abuse of
authority, or a substantial and specific danger to the public health
and safety. Once such complaint or information has been received from
an employee of the Federal Government--
``(A) the Inspector General shall not disclose the identity
of the employee without the consent of the employee, unless the
Inspector General determines that such disclosure is
unavoidable during the course of the investigation or the
disclosure is made to an official of the Department of Justice
responsible for determining whether a prosecution should be
undertaken; and
``(B) no action constituting a reprisal, or threat of
reprisal, for making such complaint may be taken by any
employee in a position to take such actions, unless the
complaint was made or the information was disclosed with the
knowledge that it was false or with willful disregard for its
truth or falsity.
``(4) The Inspector General shall have authority to administer to
or take from any person an oath, affirmation, or affidavit, whenever
necessary in the performance of the duties of the Inspector General,
which oath, affirmation, or affidavit when administered or taken by or
before an employee of the Office of the Inspector General of the
Intelligence Community designated by the Inspector General shall have
the same force and effect as if administered or taken by or before an
officer having a seal.
``(5)(A) Except as provided in subparagraph (B), the Inspector
General is authorized to require by subpoena the production of all
information, documents, reports, answers, records, accounts, papers,
and other data and documentary evidence necessary in the performance of
the duties and responsibilities of the Inspector General.
``(B) In the case of departments, agencies, and other elements of
the United States Government, the Inspector General shall obtain
information, documents, reports, answers, records, accounts, papers,
and other data and evidence for the purpose specified in subparagraph
(A) using procedures other than by subpoenas.
``(C) The Inspector General may not issue a subpoena for or on
behalf of any other element of the intelligence community, including
the Office of the Director of National Intelligence.
``(D) In the case of contumacy or refusal to obey a subpoena issued
under this paragraph, the subpoena shall be enforceable by order of any
appropriate district court of the United States.
``(g) Coordination Among Inspectors General of Intelligence
Community.--(1) In the event of a matter within the jurisdiction of the
Inspector General of the Intelligence Community that may be subject to
an investigation, inspection, or audit by both the Inspector General of
the Intelligence Community and an Inspector General, whether statutory
or administrative, with oversight responsibility for an element or
elements of the intelligence community, the Inspector General of the
Intelligence Community and such other Inspector or Inspectors General
shall expeditiously resolve which Inspector General shall conduct such
investigation, inspection, or audit.
``(2) The Inspector General conducting an investigation,
inspection, or audit covered by paragraph (1) shall submit the results
of such investigation, inspection, or audit to any other Inspector
General, including the Inspector General of the Intelligence Community,
with jurisdiction to conduct such investigation, inspection, or audit
who did not conduct such investigation, inspection, or audit.
``(3)(A) If an investigation, inspection, or audit covered by
paragraph (1) is conducted by an Inspector General other than the
Inspector General of the Intelligence Community, the Inspector General
of the Intelligence Community may, upon completion of such
investigation, inspection, or audit by such other Inspector General,
conduct under this section a separate investigation, inspection, or
audit of the matter concerned if the Inspector General of the
Intelligence Community determines that such initial investigation,
inspection, or audit was deficient in some manner or that further
investigation, inspection, or audit is required.
``(B) This paragraph shall not apply to the Inspector General of
the Department of Defense or to any other Inspector General within the
Department of Defense.
``(h) Staff and Other Support.--(1) The Inspector General of the
Intelligence Community shall be provided with appropriate and adequate
office space at central and field office locations, together with such
equipment, office supplies, maintenance services, and communications
facilities and services as may be necessary for the operation of such
offices.
``(2)(A) Subject to applicable law and the policies of the Director
of National Intelligence, the Inspector General shall select, appoint,
and employ such officers and employees as may be necessary to carry out
the functions of the Inspector General. The Inspector General shall
ensure that any officer or employee so selected, appointed, or employed
has security clearances appropriate for the assigned duties of such
officer or employee.
``(B) In making selections under subparagraph (A), the Inspector
General shall ensure that such officers and employees have the
requisite training and experience to enable the Inspector General to
carry out the duties of the Inspector General effectively.
``(C) In meeting the requirements of this paragraph, the Inspector
General shall create within the Office of the Inspector General of the
Intelligence Community a career cadre of sufficient size to provide
appropriate continuity and objectivity needed for the effective
performance of the duties of the Inspector General.
``(3)(A) Subject to the concurrence of the Director, the Inspector
General may request such information or assistance as may be necessary
for carrying out the duties and responsibilities of the Inspector
General from any department, agency, or other element of the United
States Government.
``(B) Upon request of the Inspector General for information or
assistance under subparagraph (A), the head of the department, agency,
or element concerned shall, insofar as is practicable and not in
contravention of any existing statutory restriction or regulation of
the department, agency, or element, furnish to the Inspector General,
or to an authorized designee, such information or assistance.
``(C) The Inspector General of the Intelligence Community may, upon
reasonable notice to the head of any element of the intelligence
community, conduct, as authorized by this section, an investigation,
inspection, or audit of such element and may enter into any place
occupied by such element for purposes of the performance of the duties
of the Inspector General.
``(i) Reports.--(1)(A) The Inspector General of the Intelligence
Community shall, not later than January 31 and July 31 of each year,
prepare and submit to the Director of National Intelligence a
classified, and, as appropriate, unclassified semiannual report
summarizing the activities of the Office of the Inspector General of
the Intelligence Community during the immediately preceding 6-month
periods ending December 31 (of the preceding year) and June 30,
respectively.
``(B) Each report under this paragraph shall include, at a minimum,
the following:
``(i) A list of the title or subject of each investigation,
inspection, or audit conducted during the period covered by
such report, including a summary of the progress of each
particular investigation, inspection, or audit since the
preceding report of the Inspector General under this paragraph.
``(ii) A description of significant problems, abuses, and
deficiencies relating to the administration and implementation
of programs and operations of the intelligence community, and
in the relationships between elements of the intelligence
community, identified by the Inspector General during the
period covered by such report.
``(iii) A description of the recommendations for corrective
or disciplinary action made by the Inspector General during the
period covered by such report with respect to significant
problems, abuses, or deficiencies identified in clause (ii).
``(iv) A statement whether or not corrective or
disciplinary action has been completed on each significant
recommendation described in previous semiannual reports, and,
in a case where corrective action has been completed, a
description of such corrective action.
``(v) A certification whether or not the Inspector General
has had full and direct access to all information relevant to
the performance of the functions of the Inspector General.
``(vi) A description of the exercise of the subpoena
authority under subsection (f)(5) by the Inspector General
during the period covered by such report.
``(vii) Such recommendations as the Inspector General
considers appropriate for legislation to promote economy,
efficiency, and effectiveness in the administration and
implementation of programs and operations undertaken by the
intelligence community, and in the relationships between
elements of the intelligence community, and to detect and
eliminate fraud and abuse in such programs and operations and
in such relationships.
``(C) Not later than the 30 days after the date of receipt of a
report under subparagraph (A), the Director shall transmit the report
to the congressional intelligence committees together with any comments
the Director considers appropriate.
``(2)(A) The Inspector General shall report immediately to the
Director whenever the Inspector General becomes aware of particularly
serious or flagrant problems, abuses, or deficiencies relating to the
administration and implementation of programs or operations of the
intelligence community or in the relationships between elements of the
intelligence community.
``(B) The Director shall transmit to the congressional intelligence
committees each report under subparagraph (A) within seven calendar
days of receipt of such report, together with such comments as the
Director considers appropriate.
``(3) In the event that--
``(A) the Inspector General is unable to resolve any
differences with the Director affecting the execution of the
duties or responsibilities of the Inspector General;
``(B) an investigation, inspection, or audit carried out by
the Inspector General focuses on any current or former
intelligence community official who--
``(i) holds or held a position in an element of the
intelligence community that is subject to appointment
by the President, whether or not by and with the advice
and consent of the Senate, including such a position
held on an acting basis;
``(ii) holds or held a position in an element of
the intelligence community, including a position held
on an acting basis, that is appointed by the Director
of National Intelligence; or
``(iii) holds or held a position as head of an
element of the intelligence community or a position
covered by subsection (b) or (c) of section 106;
``(C) a matter requires a report by the Inspector General
to the Department of Justice on possible criminal conduct by a
current or former official described in subparagraph (B);
``(D) the Inspector General receives notice from the
Department of Justice declining or approving prosecution of
possible criminal conduct of any current or former official
described in subparagraph (B); or
``(E) the Inspector General, after exhausting all possible
alternatives, is unable to obtain significant documentary
information in the course of an investigation, inspection, or
audit,
the Inspector General shall immediately notify and submit a report on
such matter to the congressional intelligence committees.
``(4) Pursuant to title V, the Director shall submit to the
congressional intelligence committees any report or findings and
recommendations of an investigation, inspection, or audit conducted by
the office which has been requested by the Chairman or Vice Chairman or
Ranking Minority Member of either committee.
``(5)(A) An employee of an element of the intelligence community,
an employee assigned or detailed to an element of the intelligence
community, or an employee of a contractor to the intelligence community
who intends to report to Congress a complaint or information with
respect to an urgent concern may report such complaint or information
to the Inspector General.
``(B) Not later than the end of the 14-calendar day period
beginning on the date of receipt from an employee of a complaint or
information under subparagraph (A), the Inspector General shall
determine whether the complaint or information appears credible. Upon
making such a determination, the Inspector General shall transmit to
the Director a notice of that determination, together with the
complaint or information.
``(C) Upon receipt of a transmittal from the Inspector General
under subparagraph (B), the Director shall, within seven calendar days
of such receipt, forward such transmittal to the congressional
intelligence committees, together with any comments the Director
considers appropriate.
``(D)(i) If the Inspector General does not find credible under
subparagraph (B) a complaint or information submitted under
subparagraph (A), or does not transmit the complaint or information to
the Director in accurate form under subparagraph (B), the employee
(subject to clause (ii)) may submit the complaint or information to
Congress by contacting either or both of the congressional intelligence
committees directly.
``(ii) An employee may contact the intelligence committees directly
as described in clause (i) only if the employee--
``(I) before making such a contact, furnishes to the
Director, through the Inspector General, a statement of the
employee's complaint or information and notice of the
employee's intent to contact the congressional intelligence
committees directly; and
``(II) obtains and follows from the Director, through the
Inspector General, direction on how to contact the intelligence
committees in accordance with appropriate security practices.
``(iii) A member or employee of one of the congressional
intelligence committees who receives a complaint or information under
clause (i) does so in that member or employee's official capacity as a
member or employee of such committee.
``(E) The Inspector General shall notify an employee who reports a
complaint or information to the Inspector General under this paragraph
of each action taken under this paragraph with respect to the complaint
or information. Such notice shall be provided not later than 3 days
after any such action is taken.
``(F) An action taken by the Director or the Inspector General
under this paragraph shall not be subject to judicial review.
``(G) In this paragraph, the term `urgent concern' means any of the
following:
``(i) A serious or flagrant problem, abuse, violation of
law or Executive order, or deficiency relating to the funding,
administration, or operations of an intelligence activity
involving classified information, but does not include
differences of opinions concerning public policy matters.
``(ii) A false statement to Congress, or a willful
withholding from Congress, on an issue of material fact
relating to the funding, administration, or operation of an
intelligence activity.
``(iii) An action, including a personnel action described
in section 2302(a)(2)(A) of title 5, United States Code,
constituting reprisal or threat of reprisal prohibited under
subsection (f)(3)(B) of this section in response to an
employee's reporting an urgent concern in accordance with this
paragraph.
``(H) In support of this paragraph, Congress makes the findings set
forth in paragraphs (1) through (6) of section 701(b) of the
Intelligence Community Whistleblower Protection Act of 1998 (title VII
of Public Law 105-272; 5 U.S.C. App. 8H note).
``(6) In accordance with section 535 of title 28, United States
Code, the Inspector General shall report to the Attorney General any
information, allegation, or complaint received by the Inspector General
relating to violations of Federal criminal law that involves a program
or operation of an element of the intelligence community, or in the
relationships between the elements of the intelligence community,
consistent with such guidelines as may be issued by the Attorney
General pursuant to subsection (b)(2) of such section. A copy of each
such report shall be furnished to the Director.
``(j) Separate Budget Account.--The Director of National
Intelligence shall, in accordance with procedures to be issued by the
Director in consultation with the congressional intelligence
committees, include in the National Intelligence Program budget a
separate account for the Office of Inspector General of the
Intelligence Community.
``(k) Construction of Duties Regarding Elements of Intelligence
Community.--Except as resolved pursuant to subsection (g), the
performance by the Inspector General of the Intelligence Community of
any duty, responsibility, or function regarding an element of the
intelligence community shall not be construed to modify or effect the
duties and responsibilities of any other Inspector General, whether
statutory or administrative, having duties and responsibilities
relating to such element.''.
(2) The table of contents in the first section of the National
Security Act of 1947 is amended by inserting after the item relating to
section 103G the following new item:
``Sec. 103H. Inspector General of the Intelligence Community.''.
(b) Repeal of Superseded Authority To Establish Position.--Section
8K of the Inspector General Act of 1978 (5 U.S.C. App.) is repealed.
(c) Executive Schedule Level IV.--Section 5314 of title 5, United
States Code, is amended by adding at the end the following new item:
``Inspector General of the Intelligence Community.''.
SEC. 2409. LEADERSHIP AND LOCATION OF CERTAIN OFFICES AND OFFICIALS.
(a) National Counter Proliferation Center.--Section 119A(a) of the
National Security Act of 1947 (50 U.S.C. 404o-1(a)) is amended--
(1) by striking ``(a) Establishment.--'' and inserting the
following:
``(a) In General.--
``(1) Establishment.--The''; and
(2) by adding at the end the following new paragraphs:
``(2) Director.--The head of the National Counter
Proliferation Center shall be the Director of the National
Counter Proliferation Center, who shall be appointed by the
Director of National Intelligence.
``(3) Location.--The National Counter Proliferation Center
shall be located within the Office of the Director of National
Intelligence.''.
(b) Officers.--Section 103(c) of that Act (50 U.S.C. 403-3(c)) is
amended--
(1) by redesignating paragraph (9) as paragraph (13); and
(2) by inserting after paragraph (8) the following new
paragraphs:
``(9) The Chief Information Officer of the Intelligence
Community.
``(10) The Inspector General of the Intelligence Community.
``(11) The Director of the National Counterterrorism
Center.
``(12) The Director of the National Counter Proliferation
Center.''.
SEC. 2410. NATIONAL SPACE INTELLIGENCE CENTER.
(a) Establishment.--
(1) In general.--Title I of the National Security Act of
1947 (50 U.S.C. 401 et seq.) is amended by adding after section
119B the following new section:
``national space intelligence center
``Sec. 119C. (a) Establishment.--There is established within the
Office of the Director of National Intelligence a National Space
Intelligence Center.
``(b) Director of National Space Intelligence Center.--The National
Intelligence Officer for Science and Technology, or a successor
position designated by the Director of National Intelligence, shall act
as the Director of the National Space Intelligence Center.
``(c) Missions.--The National Space Intelligence Center shall have
the following missions:
``(1) To coordinate and provide policy direction for the
management of space-related intelligence assets.
``(2) To prioritize collection activities consistent with
the National Intelligence Collection Priorities framework, or a
successor framework or other document designated by the
Director of National Intelligence.
``(3) To provide policy direction for programs designed to
ensure a sufficient cadre of government and nongovernment
personnel in fields relating to space intelligence, including
programs to support education, recruitment, hiring, training,
and retention of qualified personnel.
``(4) To evaluate independent analytic assessments of
threats to classified United States space intelligence systems
throughout all phases of the development, acquisition, and
operation of such systems.
``(d) Access to Information.--The Director of National Intelligence
shall ensure that the National Space Intelligence Center has access to
all national intelligence information (as appropriate), and such other
information (as appropriate and practical), necessary for the Center to
carry out the missions of the Center under subsection (c).
``(e) Separate Budget Account.--The Director of National
Intelligence shall include in the National Intelligence Program budget
a separate line item for the National Space Intelligence Center.''.
(2) Clerical amendment.--The table of contents for that Act
is amended by inserting after the item relating to section 119B
the following new item:
``Sec. 119C. National Space Intelligence Center.''.
(b) Report on Organization of Center.--
(1) Report required.--Not later than 180 days after the
date of the enactment of this Act, the Director of the National
Space Intelligence Center shall submit to the Select Committee
on Intelligence of the Senate and the Permanent Select
Committee on Intelligence of the House of Representatives a
report on the organizational structure of the National Space
Intelligence Center established by section 119C of the National
Security Act of 1947 (as added by subsection (a)).
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) The proposed organizational structure of the
National Space Intelligence Center.
(B) An identification of key participants in the
Center.
(C) A strategic plan for the Center during the
five-year period beginning on the date of the report.
SEC. 2411. OPERATIONAL FILES IN THE OFFICE OF THE DIRECTOR OF NATIONAL
INTELLIGENCE.
(a) In General.--Title VII of the National Security Act of 1947 (50
U.S.C. 431 et seq.) is amended by inserting before section 701 the
following new section:
``operational files in the office of the director of national
intelligence
``Sec. 700. (a) Exemption of Certain Files From Search, Review,
Publication, or Disclosure.--(1) Information and records described in
paragraph (2) shall be exempt from the provisions of section 552 of
title 5, United States Code, that require search, review, publication,
or disclosure in connection therewith when--
``(A) such information or records are not disseminated
outside the Office of the Director of National Intelligence; or
``(B) such information or records are incorporated into new
information or records created by personnel of the Office in a
manner that identifies such new information or records as
incorporating such information or records and such new
information or records are not disseminated outside the Office.
``(2) Information and records described in this paragraph are the
following:
``(A) Information disseminated or otherwise provided to an
element of the Office of the Director of National Intelligence
from the operational files of an element of the intelligence
community that have been exempted from search, review,
publication, or disclosure in accordance with this title or any
other provision of law.
``(B) Any information or records created by the Office that
incorporate information described in subparagraph (A).
``(3) An operational file of an element of the intelligence
community from which information described in paragraph (2)(A) is
disseminated or provided to the Office of the Director of National
Intelligence as described in that paragraph shall remain exempt from
search, review, publication, or disclosure under section 552 of title
5, United States Code, to the extent the operational files from which
such information was derived remain exempt from search, review,
publication, or disclosure under section 552 of such title.
``(b) Search and Review of Certain Files.--Information disseminated
or otherwise provided to the Office of the Director of National
Intelligence by another element of the intelligence community that is
not exempt from search, review, publication, or disclosure under
subsection (a), and that is authorized to be disseminated outside the
Office, shall be subject to search and review under section 552 of
title 5, United States Code, but may remain exempt from publication and
disclosure under such section by the element disseminating or providing
such information to the Office to the extent authorized by such
section.
``(c) Search and Review for Certain Purposes.--Notwithstanding
subsection (a), exempted operational files shall continue to be subject
to search and review for information concerning any of the following:
``(1) United States citizens or aliens lawfully admitted
for permanent residence who have requested information on
themselves pursuant to the provisions of section 552 or 552a of
title 5, United States Code.
``(2) Any special activity the existence of which is not
exempt from disclosure under the provisions of section 552 of
title 5, United States Code.
``(3) The specific subject matter of an investigation by
any of the following for any impropriety, or violation of law,
Executive order, or Presidential directive, in the conduct of
an intelligence activity:
``(A) The Select Committee on Intelligence of the
Senate.
``(B) The Permanent Select Committee on
Intelligence of the House of Representatives.
``(C) The Intelligence Oversight Board.
``(D) The Department of Justice.
``(E) The Office of the Director of National
Intelligence.
``(F) The Office of the Inspector General of the
Intelligence Community.''.
(b) Clerical Amendment.--The table of contents in the first section
of that Act is amended by inserting before the item relating to section
701 the following new item:
``Sec. 700. Operational files in the Office of the Director of National
Intelligence.''.
SEC. 2412. ELIGIBILITY FOR INCENTIVE AWARDS OF PERSONNEL ASSIGNED TO
THE OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE.
(a) In General.--Subsection (a) of section 402 of the Intelligence
Authorization Act for Fiscal Year 1984 (50 U.S.C. 403e-1) is amended to
read as follows:
``(a) Authority for Payment of Awards.--(1) The Director of
National Intelligence may exercise the authority granted in section
4503 of title 5, United States Code, with respect to Federal employees
and members of the Armed Forces detailed or assigned to the Office of
the Director of National Intelligence in the same manner as such
authority may be exercised with respect to personnel of the Office.
``(2) The Director of the Central Intelligence Agency may exercise
the authority granted in section 4503 of title 5, United States Code,
with respect to Federal employees and members of the Armed Forces
detailed or assigned to the Central Intelligence Agency in the same
manner as such authority may be exercised with respect to personnel of
the Agency.''.
(b) Repeal of Obsolete Authority.--That section is further
amended--
(1) by striking subsection (c); and
(2) by redesignating subsection (d) as subsection (c).
(c) Expeditious Payment.--That section is further amended by adding
at the end the following new subsection (d):
``(d) Expeditious Payment.--Payment of an award under this
authority in this section shall be made as expeditiously as is
practicable after the making of the award.''.
(d) Conforming Amendments.--That section is further amended--
(1) in subsection (b), by striking ``to the Central
Intelligence Agency or to the Intelligence Community Staff''
and inserting ``to the Office of the Director of National
Intelligence or to the Central Intelligence Agency''; and
(2) in subsection (c), as redesignated by subsection (b)(2)
of this section, by striking ``Director of Central
Intelligence'' and inserting ``Director of National
Intelligence or Director of the Central Intelligence Agency''.
(e) Technical and Stylistic Amendments.--That section is further
amended--
(1) in subsection (b)--
(A) by inserting ``Personnel Eligible for Awards.--
''after ``(b)'';
(B) by striking ``subsection (a) of this section''
and inserting ``subsection (a)''; and
(C) by striking ``a date five years before the date
of enactment of this section'' and inserting ``December
9, 1978''; and
(2) in subsection (c), as so redesignated, by inserting
``Payment and Acceptance of Awards.--'' after ``(c)''.
SEC. 2413. REPEAL OF CERTAIN AUTHORITIES RELATING TO THE OFFICE OF THE
NATIONAL COUNTERINTELLIGENCE EXECUTIVE.
(a) Repeal of Certain Authorities.--Section 904 of the
Counterintelligence Enhancement Act of 2002 (title IX of Public Law
107-306; 50 U.S.C. 402c) is amended--
(1) by striking subsections (d), (g), (h), (i), and (j);
and
(2) by redesignating subsections (e), (f), (k), (l), and
(m) as subsections (d), (e), (f), (g), and (h), respectively.
(b) Conforming Amendments.--That section is further amended--
(1) in subsection (d), as redesignated by subsection (a)(2)
of this section, by striking ``subsection (f)'' each place it
appears in paragraphs (1) and (2) and inserting ``subsection
(e)''; and
(2) in subsection (e), as so redesignated--
(A) in paragraph (1), by striking ``subsection
(e)(1)'' and inserting ``subsection (d)(1)''; and
(B) in paragraph (2), by striking ``subsection
(e)(2)'' and inserting ``subsection (d)(2)''.
SEC. 2414. INAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT TO
ADVISORY COMMITTEES OF THE OFFICE OF THE DIRECTOR OF
NATIONAL INTELLIGENCE.
Section 4(b) of the Federal Advisory Committee Act (5 U.S.C. App.)
is amended--
(1) in paragraph (1), by striking ``or'';
(2) in paragraph (2), by striking the period and inserting
``; or''; and
(3) by adding at the end the following new paragraph:
``(3) the Office of the Director of National
Intelligence.''.
SEC. 2415. MEMBERSHIP OF THE DIRECTOR OF NATIONAL INTELLIGENCE ON THE
TRANSPORTATION SECURITY OVERSIGHT BOARD.
Subparagraph (F) of section 115(b)(1) of title 49, United States
Code, is amended to read as follows:
``(F) The Director of National Intelligence, or the
Director's designee.''.
SEC. 2416. APPLICABILITY OF THE PRIVACY ACT TO THE DIRECTOR OF NATIONAL
INTELLIGENCE AND THE OFFICE OF THE DIRECTOR OF NATIONAL
INTELLIGENCE.
(a) Authority To Exempt.--The Director of National Intelligence may
prescribe regulations to exempt any system of records within the Office
of the Director of National Intelligence from the applicability of the
provisions of subsections (c)(3), (c)(4), and (d) of section 552a of
title 5, United States Code.
(b) Promulgation Requirements.--In prescribing any regulations
under subsection (a), the Director shall comply with the requirements
(including general notice requirements) of subsections (b), (c), and
(e) of section 553 of title 5, United States Code.
Subtitle B--Central Intelligence Agency
SEC. 2421. DIRECTOR AND DEPUTY DIRECTOR OF THE CENTRAL INTELLIGENCE
AGENCY.
(a) Appointment of Director of Central Intelligence Agency.--
Subsection (a) of section 104A of the National Security Act of 1947 (50
U.S.C. 403-4a) is amended by inserting ``from civilian life'' after
``who shall be appointed''.
(b) Establishment of Position of Deputy Director of Central
Intelligence Agency.--Such section is further amended--
(1) by redesignating subsections (b), (c), (d), (e), (f),
and (g) as subsections (c), (d), (e), (f), (g), and (h),
respectively; and
(2) by inserting after subsection (a) the following new
subsection (b):
``(b) Deputy Director of Central Intelligence Agency.--(1) There is
a Deputy Director of the Central Intelligence Agency who shall be
appointed from civilian life by the President, by and with the advice
and consent of the Senate.
``(2) The Deputy Director of the Central Intelligence Agency shall
assist the Director of the Central Intelligence Agency in carrying out
the duties and responsibilities of the Director.
``(3) The Deputy Director of the Central Intelligence Agency shall
act for, and exercise the powers of, the Director of the Central
Intelligence Agency during the absence or disability of the Director of
the Central Intelligence Agency or during a vacancy in the position of
Director of the Central Intelligence Agency.''.
(c) Conforming Amendment.--Paragraph (2) of subsection (d) of such
section, as redesignated by subsection (b)(1) of this section, is
further amended by striking ``subsection (d)'' and inserting
``subsection (e)''.
(d) Executive Schedule Level III.--Section 5314 of title 5, United
States Code, is amended by adding at the end the following new item:
``Deputy Director of the Central Intelligence Agency.''.
(e) Role of DNI in Appointment.--Section 106(a)(2) of the National
Security Act of 1947 (50 U.S.C. 403-6) is amended by adding at the end
the following new subparagraph:
``(C) The Deputy Director of the Central Intelligence
Agency.''.
(f) Military Status of Individual Serving as Director of Central
Intelligence Agency or Administratively Performing Duties of Deputy
Director of Central Intelligence Agency.--(1) A commissioned officer of
the Armed Forces who is serving as the Director of the Central
Intelligence Agency or is engaged in administrative performance of the
duties of Deputy Director of the Central Intelligence Agency as of the
date of the enactment of this Act shall not, while continuing in such
service, or in the administrative performance of such duties, after
that date--
(A) be subject to supervision or control by the Secretary
of Defense or by any officer or employee of the Department of
Defense; or
(B) exercise, by reason of the officer's status as a
commissioned officer, any supervision or control with respect
to any of the military or civilian personnel of the Department
of Defense except as otherwise authorized by law.
(2) Except as provided in subparagraph (A) or (B) of paragraph (1),
the service, or the administrative performance of duties, described in
that paragraph by an officer described in that paragraph shall not
affect the status, position, rank, or grade of such officer in the
Armed Forces, or any emolument, perquisite, right, privilege, or
benefit incident to or arising out of such status, position, rank, or
grade.
(3) A commissioned officer described in paragraph (1), while
serving, or continuing in the administrative performance of duties, as
described in that paragraph and while remaining on active duty, shall
continue to receive military pay and allowances. Funds from which such
pay and allowances are paid shall be reimbursed from funds available to
the Director of the Central Intelligence Agency.
(g) Effective Date and Applicability.--
(1) Director of central intelligence agency.--The amendment
made by subsection (a) shall--
(A) take effect on the date of the enactment of
this Act; and
(B) apply upon the occurrence of any act creating a
vacancy in the position of Director of the Central
Intelligence Agency after such date, except that if the
vacancy occurs by resignation from such position of the
individual serving in such position on such date, that
individual may continue serving in such position after
such resignation until the individual appointed to
succeed such resigning individual as Director of the
Central Intelligence Agency, by and with the advice and
consent of the Senate, assumes the duties of such
position.
(2) Deputy director of central intelligence agency.--The
amendments made by subsections (b) through (e) shall take
effect on the date of the enactment of this Act and shall apply
upon the earlier of--
(A) the date of the nomination by the President of
an individual to serve as Deputy Director of the
Central Intelligence Agency, except that the individual
administratively performing the duties of the Deputy
Director of the Central Intelligence Agency as of the
date of the enactment of this Act may continue to
perform such duties after such date of nomination and
until the individual appointed to the position of
Deputy Director of the Central Intelligence Agency, by
and with the advice and consent of the Senate, assumes
the duties of such position; or
(B) the date of the cessation of the performance of
the duties of Deputy Director of the Central
Intelligence Agency by the individual administratively
performing such duties as of the date of the enactment
of this Act.
SEC. 2422. ENHANCED PROTECTION OF CENTRAL INTELLIGENCE AGENCY
INTELLIGENCE SOURCES AND METHODS FROM UNAUTHORIZED
DISCLOSURE.
(a) Responsibility of Director of Central Intelligence Agency Under
National Security Act of 1947.--Subsection (e) of section 104A of the
National Security Act of 1947 (50 U.S.C. 403-4a), as redesignated by
section 2421(b)(1) of this Act, is further amended--
(1) in paragraph (3), by striking ``and'' at the end;
(2) by redesignating paragraph (4) as paragraph (5); and
(3) by inserting after paragraph (3) the following new
paragraph (4):
``(4) protect intelligence sources and methods of the
Central Intelligence Agency from unauthorized disclosure,
consistent with any direction issued by the President or the
Director of National Intelligence; and''.
(b) Protection Under Central Intelligence Agency Act of 1949.--
Section 6 of the Central Intelligence Agency Act of 1949 (50 U.S.C.
403g) is amended by striking ``section 102A(i)'' and all that follows
through ``unauthorized disclosure'' and inserting ``sections 102A(i)
and 104A(e)(4) of the National Security Act of 1947 (50 U.S.C. 403-
1(i), 403-4a(e)(4))''.
(c) Construction With Exemption From Requirement for Disclosure of
Information to Public.--Section 104A(e)(4) of the National Security Act
of 1947, as amended by subsection (a), and section 6 of the Central
Intelligence Agency Act of 1949, as amended by subsection (b), shall be
treated as statutes that specifically exempt from disclosure the
matters specified in such sections for purposes of section 552(b)(3) of
title 5, United States Code.
(d) Technical Amendments to Central Intelligence Agency Retirement
Act.--Section 201(c) of the Central Intelligence Agency Retirement Act
(50 U.S.C. 2011(c)) is amended--
(1) in the subsection caption, by striking ``of DCI'';
(2) by striking ``section 102A(i)'' and inserting
``sections 102A(i) and 104A(e)(4)'';
(3) by striking ``of National Intelligence''; and
(4) by inserting ``of the Central Intelligence Agency''
after ``methods''.
SEC. 2423. ADDITIONAL EXCEPTION TO FOREIGN LANGUAGE PROFICIENCY
REQUIREMENT FOR CERTAIN SENIOR LEVEL POSITIONS IN THE
CENTRAL INTELLIGENCE AGENCY.
(a) Additional Exception.--Subsection (h) of section 104A of the
National Security Act of 1947 (50 U.S.C. 403-4a), as redesignated by
section 2421(b)(1) of this Act, is further amended--
(1) in paragraph (1)--
(A) by striking ``paragraph (2)'' and inserting
``paragraphs (2) and (3)''; and
(B) by striking ``Directorate of Operations'' and
inserting ``National Clandestine Service'';
(2) in paragraph (2), by striking ``position or category of
positions'' each place it appears and inserting ``individual,
individuals, position, or category of positions''; and
(3) by adding at the end the following new paragraph:
``(3) Paragraph (1) shall not apply to any individual in the
Directorate of Intelligence or the National Clandestine Service of the
Central Intelligence Agency who is serving in a Senior Intelligence
Service position as of December 23, 2005, regardless of whether such
individual is a member of the Senior Intelligence Service.''.
(b) Report on Waivers.--Section 611(c) of the Intelligence
Authorization Act for Fiscal Year 2005 (Public Law 108-487; 118 Stat.
3955) is amended--
(1) by striking the first sentence and inserting the
following new sentence: ``The Director of the Central
Intelligence Agency shall submit to Congress a report that
identifies individuals who, or positions within the Senior
Intelligence Service in the Directorate of Intelligence or the
National Clandestine Service of the Central Intelligence Agency
that, are determined by the Director to require a waiver under
subsection (h) of section 104A of the National Security Act of
1947, as added by subsection (a) and redesignated by section
421(b)(1) of the Intelligence Authorization Act for Fiscal Year
2007.''; and
(2) in the second sentence--
(A) by striking ``section 104A(g)(2), as so added''
and inserting ``subsection (h)(2) of section 104A, as
so added and redesignated''; and
(B) by striking ``position or category of
positions'' and inserting ``individual, individuals,
position, or category of positions''.
SEC. 2424. ADDITIONAL FUNCTIONS AND AUTHORITIES FOR PROTECTIVE
PERSONNEL OF THE CENTRAL INTELLIGENCE AGENCY.
Section 5(a)(4) of the Central Intelligence Agency Act of 1949 (50
U.S.C. 403f(a)(4)) is amended--
(1) by inserting ``(A)'' after ``(4)'';
(2) in subparagraph (A), as so designated--
(A) by striking ``and the protection'' and
inserting ``the protection''; and
(B) by striking the semicolon and inserting ``, and
the protection of the Director of National Intelligence
and such personnel of the Office of the Director of
National Intelligence as the Director of National
Intelligence may designate; and''; and
(3) by adding at the end the following new subparagraph:
``(B) Authorize personnel engaged in the performance of
protective functions authorized pursuant to subparagraph (A),
when engaged in the performance of such functions, to make
arrests without warrant for any offense against the United
States committed in the presence of such personnel, or for any
felony cognizable under the laws of the United States, if such
personnel have reasonable grounds to believe that the person to
be arrested has committed or is committing such felony, except
that any authority pursuant to this subparagraph may be
exercised only in accordance with guidelines approved by the
Director and the Attorney General and such personnel may not
exercise any authority for the service of civil process or for
the investigation of criminal offenses;''.
SEC. 2425. DIRECTOR OF NATIONAL INTELLIGENCE REPORT ON RETIREMENT
BENEFITS FOR FORMER EMPLOYEES OF AIR AMERICA.
(a) In General.--Not later than 120 days after the date of the
enactment of this Act, the Director of National Intelligence shall
submit to Congress a report on the advisability of providing Federal
retirement benefits to United States citizens for the service of such
individuals before 1977 as employees of Air America or an associated
company while such company was owned or controlled by the United States
Government and operated or managed by the Central Intelligence Agency.
(b) Report Elements.--(1) The report required by subsection (a)
shall include the following:
(A) The history of Air America and associated companies
before 1977, including a description of--
(i) the relationship between such companies and the
Central Intelligence Agency and other elements of the
United States Government;
(ii) the workforce of such companies;
(iii) the missions performed by such companies and
their employees for the United States; and
(iv) the casualties suffered by employees of such
companies in the course of their employment with such
companies.
(B) A description of the retirement benefits contracted for
or promised to the employees of such companies before 1977, the
contributions made by such employees for such benefits, the
retirement benefits actually paid such employees, the
entitlement of such employees to the payment of future
retirement benefits, and the likelihood that former employees
of such companies will receive any future retirement benefits.
(C) An assessment of the difference between--
(i) the retirement benefits that former employees
of such companies have received or will receive by
virtue of their employment with such companies; and
(ii) the retirement benefits that such employees
would have received and in the future receive if such
employees had been, or would now be, treated as
employees of the United States whose services while in
the employ of such companies had been or would now be
credited as Federal service for the purpose of Federal
retirement benefits.
(D) The recommendations of the Director regarding the
advisability of legislative action to treat employment at such
companies as Federal service for the purpose of Federal
retirement benefits in light of the relationship between such
companies and the United States Government and the services and
sacrifices of such employees to and for the United States, and
if legislative action is considered advisable, a proposal for
such action and an assessment of its costs.
(2) The Director of National Intelligence shall include in the
report any views of the Director of the Central Intelligence Agency on
the matters covered by the report that the Director of the Central
Intelligence Agency considers appropriate.
(c) Assistance of Comptroller General.--The Comptroller General of
the United States shall, upon the request of the Director of National
Intelligence and in a manner consistent with the protection of
classified information, assist the Director in the preparation of the
report required by subsection (a).
(d) Form.--The report required by subsection (a) shall be submitted
in unclassified form, but may include a classified annex.
(e) Definitions.--In this section:
(1) The term ``Air America'' means Air America,
Incorporated.
(2) The term ``associated company'' means any company
associated with or subsidiary to Air America, including Air
Asia Company Limited and the Pacific Division of Southern Air
Transport, Incorporated.
Subtitle C--Defense Intelligence Components
SEC. 2431. ENHANCEMENTS OF NATIONAL SECURITY AGENCY TRAINING PROGRAM.
(a) Termination of Employees.--Subsection (d)(1)(C) of section 16
of the National Security Agency Act of 1959 (50 U.S.C. 402 note) is
amended by striking ``terminated either by'' and all that follows and
inserting ``terminated--
``(i) by the Agency due to misconduct by the
employee;
``(ii) by the employee voluntarily; or
``(iii) by the Agency for the failure of the
employee to maintain such level of academic standing in
the educational course of training as the Director of
the National Security Agency shall have specified in
the agreement of the employee under this subsection;
and''.
(b) Authority To Withhold Disclosure of Affiliation With NSA.--
Subsection (e) of such section is amended by striking ``(1) When an
employee'' and all that follows through ``(2) Agency efforts'' and
inserting ``Agency efforts''.
SEC. 2432. CODIFICATION OF AUTHORITIES OF NATIONAL SECURITY AGENCY
PROTECTIVE PERSONNEL.
The National Security Agency Act of 1959 (50 U.S.C. 402 note) is
amended by adding at the end the following new section:
``Sec. 20. (a) The Director is authorized to designate personnel of
the Agency to perform protective functions for the Director and for any
personnel of the Agency designated by the Director.
``(b)(1) In the performance of protective functions under this
section, personnel of the Agency designated to perform protective
functions pursuant to subsection (a) are authorized, when engaged in
the performance of such functions, to make arrests without a warrant
for--
``(A) any offense against the United States committed in
the presence of such personnel; or
``(B) any felony cognizable under the laws of the United
States if such personnel have reasonable grounds to believe
that the person to be arrested has committed or is committing
such felony.
``(2) The authority in paragraph (1) may be exercised only in
accordance with guidelines approved by the Director and the Attorney
General.
``(3) Personnel of the Agency designated to perform protective
functions pursuant to subsection (a) shall not exercise any authority
for the service of civil process or the investigation of criminal
offenses.
``(c) Nothing in this section shall be construed to impair or
otherwise affect any authority under any other provision of law
relating to the performance of protective functions.''.
SEC. 2433. INSPECTOR GENERAL MATTERS.
(a) Coverage Under Inspector General Act of 1978.--Subsection
(a)(2) of section 8G of the Inspector General Act of 1978 (5 U.S.C.
App. 8G) is amended--
(1) by inserting ``the Defense Intelligence Agency,'' after
``the Corporation for Public Broadcasting,'';
(2) by inserting ``the National Geospatial-Intelligence
Agency,'' after ``the National Endowment for the Arts,''; and
(3) by inserting ``the National Reconnaissance Office, the
National Security Agency,'' after ``the National Labor
Relations Board,''.
(b) Certain Designations Under Inspector General Act of 1978.--
Subsection (a) of section 8H of the Inspector General Act of 1978 (5
U.S.C. App. 8H) is amended by adding at the end the following new
paragraph:
``(3) The Inspectors General of the Defense Intelligence Agency,
the National Geospatial-Intelligence Agency, the National
Reconnaissance Office, and the National Security Agency shall be
designees of the Inspector General of the Department of Defense for
purposes of this section.''.
(c) Power of Heads of Elements Over Investigations.--Subsection (d)
of section 8G of that Act--
(1) by inserting ``(1)'' after ``(d)'';
(2) in the second sentence of paragraph (1), as designated
by paragraph (1) of this subsection, by striking ``The head''
and inserting ``Except as provided in paragraph (2), the
head''; and
(3) by adding at the end the following new paragraph:
``(2)(A) The Director of National Intelligence or the Secretary of
Defense may prohibit the Inspector General of an element of the
intelligence community specified in subparagraph (D) from initiating,
carrying out, or completing any audit or investigation if the Director
or the Secretary, as the case may be, determines that the prohibition
is necessary to protect vital national security interests of the United
States.
``(B) If the Director or the Secretary exercises the authority
under subparagraph (A), the Director or the Secretary, as the case may
be, shall submit to the committees of Congress specified in
subparagraph (E) an appropriately classified statement of the reasons
for the exercise of the authority not later than seven days after the
exercise of the authority.
``(C) At the same time the Director or the Secretary submits under
subparagraph (B) a statement on the exercise of the authority in
subparagraph (A) to the committees of Congress specified in
subparagraph (E), the Director or the Secretary, as the case may be,
shall notify the Inspector General of such element of the submittal of
such statement and, to the extent consistent with the protection of
intelligence sources and methods, provide the Inspector General with a
copy of such statement. The Inspector General may submit to such
committees of Congress any comments on a notice or statement received
by the Inspector General under this subparagraph that the Inspector
General considers appropriate.
``(D) The elements of the intelligence community specified in this
subparagraph are as follows:
``(i) The Defense Intelligence Agency.
``(ii) The National Geospatial-Intelligence Agency.
``(iii) The National Reconnaissance Office.
``(iv) The National Security Agency.
``(E) The committees of Congress specified in this subparagraph
are--
``(i) the Committee on Armed Services and the Select
Committee on Intelligence of the Senate; and
``(ii) the Committee on Armed Services and the Permanent
Select Committee on Intelligence of the House of
Representatives.''.
SEC. 2434. CONFIRMATION OF APPOINTMENT OF HEADS OF CERTAIN COMPONENTS
OF THE INTELLIGENCE COMMUNITY.
(a) Director of National Security Agency.--The National Security
Agency Act of 1959 (50 U.S.C. 402 note) is amended by inserting after
the first section the following new section:
``Sec. 2. (a) There is a Director of the National Security Agency.
``(b) The Director of the National Security Agency shall be
appointed by the President, by and with the advice and consent of the
Senate.
``(c) The Director of the National Security Agency shall be the
head of the National Security Agency and shall discharge such functions
and duties as are provided by this Act or otherwise by law.''.
(b) Director of National Geospatial-Intelligence Agency.--Section
441(b) of title 10, United States Code, is amended--
(1) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(2) by inserting after paragraph (1) the following new
paragraph (2):
``(2) The Director of the National Geospatial Intelligence Agency
shall be appointed by the President, by and with the advice and consent
of the Senate.''.
(c) Director of National Reconnaissance Office.--The Director of
the National Reconnaissance Office shall be appointed by the President,
by and with the advice and consent of the Senate.
(d) Positions of Importance and Responsibility.--
(1) Designation of positions.--The President may designate
any of the positions referred to in paragraph (2) as positions
of importance and responsibility under section 601 of title 10,
United States Code.
(2) Covered positions.--The positions referred to in this
paragraph are as follows:
(A) The Director of the National Security Agency.
(B) The Director of the National Geospatial-
Intelligence Agency.
(C) The Director of the National Reconnaissance
Office.
(e) Effective Date and Applicability.--(1) The amendments made by
subsections (a) and (b), and subsection (c), shall take effect on the
date of the enactment of this Act and shall apply upon the earlier of--
(A) the date of the nomination by the President of an
individual to serve in the position concerned, except that the
individual serving in such position as of the date of the
enactment of this Act may continue to perform such duties after
such date of nomination and until the individual appointed to
such position, by and with the advice and consent of the
Senate, assumes the duties of such position; or
(B) the date of the cessation of the performance of the
duties of such position by the individual performing such
duties as of the date of the enactment of this Act.
(2) Subsection (d) shall take effect on the date of the enactment
of this Act.
SEC. 2435. CLARIFICATION OF NATIONAL SECURITY MISSIONS OF NATIONAL
GEOSPATIAL-INTELLIGENCE AGENCY FOR ANALYSIS AND
DISSEMINATION OF CERTAIN INTELLIGENCE INFORMATION.
Section 442(a) of title 10, United States Code, is amended--
(1) by redesignating paragraph (2) as paragraph (3);
(2) by inserting after paragraph (1) the following new
paragraph (2):
``(2)(A) As directed by the Director of National Intelligence, the
National Geospatial-Intelligence Agency shall also analyze,
disseminate, and incorporate into the National System for Geospatial-
Intelligence, likenesses, videos, or presentations produced by ground-
based platforms, including handheld or clandestine photography taken by
or on behalf of human intelligence collection organizations or
available as open-source information.
``(B) The authority provided by this paragraph does not include the
authority to manage or direct the tasking of, set requirements and
priorities for, set technical requirements related to, or modify any
classification or dissemination limitations related to the collection
of, handheld or clandestine photography taken by or on behalf of human
intelligence collection organizations.''; and
(3) in paragraph (3), as so redesignated, by striking
``paragraph (1)'' and inserting ``paragraphs (1) and (2)''.
SEC. 2436. SECURITY CLEARANCES IN THE NATIONAL GEOSPATIAL-INTELLIGENCE
AGENCY.
The Secretary of Defense shall, during the period beginning on the
date of the enactment of this Act and ending on December 31, 2007,
delegate to the Director of the National Geospatial-Intelligence Agency
personnel security authority with respect to the National Geospatial-
Intelligence Agency (including authority relating to the use of
contractor personnel in investigations and adjudications for security
clearances) that is identical to the personnel security authority of
the Director of the National Security Agency with respect to the
National Security Agency.
Subtitle D--Other Elements
SEC. 2441. FOREIGN LANGUAGE INCENTIVE FOR CERTAIN NON-SPECIAL AGENT
EMPLOYEES OF THE FEDERAL BUREAU OF INVESTIGATION.
(a) Authority To Pay Incentive.--The Director of the Federal Bureau
of Investigation may pay a cash award authorized by section 4523 of
title 5, United States Code, in accordance with the provisions of such
section, to any employee of the Federal Bureau of Investigation
described in subsection (b) as if such employee were a law enforcement
officer as specified in such section.
(b) Covered Employees.--An employee of the Federal Bureau of
Investigation described in this subsection is any employee of the
Federal Bureau of Investigation--
(1) who uses foreign language skills in support of the
analyses, investigations, or operations of the Bureau to
protect against international terrorism or clandestine
intelligence activities (or maintains foreign language skills
for purposes of such support); and
(2) whom the Director of the Federal Bureau of
Investigation, subject to the joint guidance of the Attorney
General and the Director of National Intelligence, may
designate for purposes of this section.
SEC. 2442. AUTHORITY TO SECURE SERVICES BY CONTRACT FOR THE BUREAU OF
INTELLIGENCE AND RESEARCH OF THE DEPARTMENT OF STATE.
Title I of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2651a et seq.) is amended by inserting after section 23 the
following new section:
``services by contract for bureau of intelligence and research
``Sec. 23A. (a) Authority To Enter Into Contracts.--The Secretary
may enter into contracts with individuals or organizations for the
provision of services in support of the mission of the Bureau of
Intelligence and Research of the Department of State if the Secretary
determines that--
``(1) the services to be procured are urgent or unique; and
``(2) it would not be practicable for the Department to
obtain such services by other means.
``(b) Treatment as Employees of the United States Government.--(1)
Individuals employed under a contract pursuant to the authority in
subsection (a) shall not, by virtue of the performance of services
under such contract, be considered employees of the United States
Government for purposes of any law administered by the Office of
Personnel Management.
``(2) The Secretary may provide for the applicability to
individuals described in paragraph (1) of any law administered by the
Secretary concerning the employment of such individuals.
``(c) Contract To Be Appropriate Means of Securing Services.--The
chief contracting officer of the Department of State shall ensure that
each contract entered into by the Secretary under this section is the
appropriate means of securing the services to be provided under such
contract.''.
SEC. 2443. CLARIFICATION OF INCLUSION OF COAST GUARD AND DRUG
ENFORCEMENT ADMINISTRATION AS ELEMENTS OF THE
INTELLIGENCE COMMUNITY.
Section 3(4) of the National Security Act of 1947 (50 U.S.C.
401a(4)) is amended--
(1) in subparagraph (H)--
(A) by inserting ``the Coast Guard,'' after ``the
Marine Corps,''; and
(B) by inserting ``the Drug Enforcement
Administration,'' after ``the Federal Bureau of
Investigation,''; and
(2) in subparagraph (K), by striking ``, including the
Office of Intelligence of the Coast Guard''.
SEC. 2444. CLARIFYING AMENDMENTS RELATING TO SECTION 105 OF THE
INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2004.
Section 105(b) of the Intelligence Authorization Act for Fiscal
Year 2004 (Public Law 108-177; 117 Stat. 2603; 31 U.S.C. 311 note) is
amended--
(1) by striking ``Director of Central Intelligence'' and
inserting ``Director of National Intelligence''; and
(2) by inserting ``or in section 313 of such title,'' after
``subsection (a)),''.
TITLE XXV--OTHER MATTERS
SEC. 2501. TECHNICAL AMENDMENTS TO THE NATIONAL SECURITY ACT OF 1947.
The National Security Act of 1947 (50 U.S.C. 401 et seq.) is
amended as follows:
(1) In section 102A (50 U.S.C. 403-1)--
(A) in subsection (c)(7)(A), by striking
``section'' and inserting ``subsection'';
(B) in subsection (d)--
(i) in paragraph (3), by striking
``subparagraph (A)'' in the matter preceding
subparagraph (A) and inserting ``paragraph
(1)(A)'';
(ii) in paragraph (5)(A), by striking ``or
personnel'' in the matter preceding clause (i);
and
(iii) in paragraph (5)(B), by striking ``or
agency involved'' in the second sentence and
inserting ``involved or the Director of the
Central Intelligence Agency (in the case of the
Central Intelligence Agency)'';
(C) in subsection (l)(2)(B), by striking
``section'' and inserting ``paragraph''; and
(D) in subsection (n), by inserting ``and Other''
after ``Acquisition''.
(2) In section 119(c)(2)(B) (50 U.S.C. 404o(c)(2)(B)), by
striking ``subsection (h)'' and inserting ``subsection (i)''.
(3) In section 705(e)(2)(D)(i) (50 U.S.C.
432c(e)(2)(D)(i)), by striking ``responsible'' and inserting
``responsive''.
SEC. 2502. TECHNICAL CLARIFICATION OF CERTAIN REFERENCES TO JOINT
MILITARY INTELLIGENCE PROGRAM AND TACTICAL INTELLIGENCE
AND RELATED ACTIVITIES.
Section 102A of the National Security Act of 1947 (50 U.S.C. 403-1)
is amended--
(1) in subsection (c)(3)(A), by striking ``annual budgets
for the Joint Military Intelligence Program and for Tactical
Intelligence and Related Activities'' and inserting ``annual
budget for the Military Intelligence Program or any successor
program or programs''; and
(2) in subsection (d)(1)(B), by striking ``Joint Military
Intelligence Program'' and inserting ``Military Intelligence
Program or any successor program or programs''.
SEC. 2503. TECHNICAL AMENDMENTS TO THE INTELLIGENCE REFORM AND
TERRORISM PREVENTION ACT OF 2004.
(a) Amendments to National Security Intelligence Reform Act of
2004.--The National Security Intelligence Reform Act of 2004 (title I
of Public Law 108-458) is further amended as follows:
(1) In section 1016(e)(10)(B) (6 U.S.C. 458(e)(10)(B)), by
striking ``Attorney General'' the second place it appears and
inserting ``Department of Justice''.
(2) In section 1061 (5 U.S.C. 601 note)--
(A) in subsection (d)(4)(A), by striking ``National
Intelligence Director'' and inserting ``Director of
National Intelligence''; and
(B) in subsection (h), by striking ``National
Intelligence Director'' and inserting ``Director of
National Intelligence''.
(3) In section 1071(e), by striking ``(1)''.
(4) In section 1072(b), by inserting ``Agency'' after
``Intelligence''.
(b) Other Amendments to Intelligence Reform and Terrorism
Prevention Act of 2004.--The Intelligence Reform and Terrorism
Prevention Act of 2004 (Public Law 108-458) is amended as follows:
(1) In section 2001 (28 U.S.C. 532 note)--
(A) in subsection (c)(1), by inserting ``of''
before ``an institutional culture'';
(B) in subsection (e)(2), by striking ``the
National Intelligence Director in a manner consistent
with section 112(e)'' and inserting ``the Director of
National Intelligence in a manner consistent with
applicable law''; and
(C) in subsection (f), by striking ``shall,'' in
the matter preceding paragraph (1) and inserting
``shall''.
(2) In section 2006 (28 U.S.C. 509 note)--
(A) in paragraph (2), by striking ``the Federal''
and inserting ``Federal''; and
(B) in paragraph (3), by striking ``the specific''
and inserting ``specific''.
SEC. 2504. TECHNICAL AMENDMENTS TO TITLE 10, UNITED STATES CODE,
ARISING FROM ENACTMENT OF THE INTELLIGENCE REFORM AND
TERRORISM PREVENTION ACT OF 2004.
(a) References to Head of Intelligence Community.--Title 10, United
States Code, is amended by striking ``Director of Central
Intelligence'' each place it appears in a provision as follows and
inserting ``Director of National Intelligence'':
(1) Section 193(d)(2).
(2) Section 193(e).
(3) Section 201(a).
(4) Section 201(b)(1).
(5) Section 201(c)(1).
(6) Section 425(a).
(7) Section 431(b)(1).
(8) Section 441(c).
(9) Section 441(d).
(10) Section 443(d).
(11) Section 2273(b)(1).
(12) Section 2723(a).
(b) Clerical Amendments.--Such title is further amended by striking
``Director of Central Intelligence'' each place it appears in a
provision as follows and inserting ``Director of National
Intelligence'':
(1) Section 441(c).
(2) Section 443(d).
(c) Reference to Head of Central Intelligence Agency.--Section 444
of such title is amended by striking ``Director of Central
Intelligence'' each place it appears and inserting ``Director of the
Central Intelligence Agency''.
SEC. 2505. TECHNICAL AMENDMENT TO THE CENTRAL INTELLIGENCE AGENCY ACT
OF 1949.
Section 5(a)(1) of the Central Intelligence Agency Act of 1949 (50
U.S.C. 403f(a)(1)) is amended by striking ``authorized under paragraphs
(2) and (3) of section 102(a), subsections (c)(7) and (d) of section
103, subsections (a) and (g) of section 104, and section 303 of the
National Security Act of 1947 (50 U.S.C. 403(a)(2), (3), 403-3(c)(7),
(d), 403-4(a), (g), and 405)'' and inserting ``authorized under
subsections (d), (e), (f), and (g) of section 104A of the National
Security Act of 1947 (50 U.S.C. 403-4a).''.
SEC. 2506. TECHNICAL AMENDMENTS RELATING TO THE MULTIYEAR NATIONAL
INTELLIGENCE PROGRAM.
(a) In General.--Subsection (a) of section 1403 of the National
Defense Authorization Act for Fiscal Year 1991 (50 U.S.C. 404b) is
amended--
(1) in the subsection caption, by striking ``Foreign''; and
(2) by striking ``foreign'' each place it appears.
(b) Responsibility of DNI.--That section is further amended--
(1) in subsections (a) and (c), by striking ``Director of
Central Intelligence'' and inserting ``Director of National
Intelligence''; and
(2) in subsection (b), by inserting ``of National
Intelligence'' after ``Director''.
(c) Conforming Amendment.--The heading of that section is amended
to read as follows:
``SEC. 1403. MULTIYEAR NATIONAL INTELLIGENCE PROGRAM.''.
SEC. 2507. TECHNICAL AMENDMENTS TO THE EXECUTIVE SCHEDULE.
(a) Executive Schedule Level II.--Section 5313 of title 5, United
States Code, is amended by striking the item relating to the Director
of Central Intelligence and inserting the following new item:
``Director of the Central Intelligence Agency.''.
(b) Executive Schedule Level III.--Section 5314 of title 5, United
States Code, is amended by striking the item relating to the Deputy
Directors of Central Intelligence.
(c) Executive Schedule Level IV.--Section 5315 of title 5, United
States Code, is amended by striking the item relating to the General
Counsel of the Office of the National Intelligence Director and
inserting the following new item:
``General Counsel of the Office of the Director of National
Intelligence.''.
SEC. 2508. TECHNICAL AMENDMENTS RELATING TO REDESIGNATION OF THE
NATIONAL IMAGERY AND MAPPING AGENCY AS THE NATIONAL
GEOSPATIAL-INTELLIGENCE AGENCY.
(a) Title 5, United States Code.--(1) Title 5, United States Code,
is amended by striking ``National Imagery and Mapping Agency'' each
place it appears in a provision as follows and inserting ``National
Geospatial-Intelligence Agency'':
(A) Section 2302(a)(2)(C)(ii).
(B) Section 3132(a)(1)(B).
(C) Section 4301(1) (in clause (ii)).
(D) Section 4701(a)(1)(B).
(E) Section 5102(a)(1) (in clause (x)).
(F) Section 5342(a)(1) (in clause (K)).
(G) Section 6339(a)(1)(E).
(H) Section 7323(b)(2)(B)(i)((XIII).
(2) Section 6339(a)(2)(E) of such title is amended by striking
``National Imagery and Mapping Agency, the Director of the National
Imagery and Mapping Agency'' and inserting ``National Geospatial-
Intelligence Agency, the Director of the National Geospatial-
Intelligence Agency''.
(b) Title 44, United States Code.--(1)(A) Section 1336 of title 44,
United States Code, is amended by striking ``National Imagery and
Mapping Agency'' both places it appears and inserting ``National
Geospatial-Intelligence Agency''.
(B) The heading of such section is amended to read as follows:
``Sec. 1336. National Geospatial-Intelligence Agency: special
publications''.
(2) The table of sections at the beginning of chapter 13 of such
title is amended by striking the item relating to section 1336 and
inserting the following new item:
``1336. National Geospatial-Intelligence Agency: special
publications.''.
(c) Homeland Security Act of 2002.--Section 201(f)(2)(E) of the
Homeland Security Act of 2002 (6 U.S.C. 121(f)(2)(E)) is amended by
striking ``National Imagery and Mapping Agency'' and inserting
``National Geospatial-Intelligence Agency''.
(d) Inspector General Act of 1978.--Section 8H of the Inspector
General Act of 1978 (5 U.S.C. App.) is amended by striking ``National
Imagery and Mapping Agency'' each place it appears and inserting
``National Geospatial-Intelligence Agency''.
(e) Ethics in Government Act of 1978.--Section 105(a)(1) of the
Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by striking
``National Imagery and Mapping Agency'' and inserting ``National
Geospatial-Intelligence Agency''.
(f) Other Acts.--(1) Section 7(b)(2)(A)(i) of the Employee
Polygraph Protection Act of 1988 (29 U.S.C. 2006(b)(2)(A)(i)) is
amended by striking ``National Imagery and Mapping Agency'' and
inserting ``National Geospatial-Intelligence Agency''.
(2) Section 207(a)(2)(B) of the Legislative Branch Appropriations
Act, 1993 (44 U.S.C. 501 note) is amended by striking ``National
Imagery and Mapping Agency'' and inserting ``National Geospatial-
Intelligence Agency''.
DIVISION D--TRANSPORTATION SECURITY
TITLE XXXI--MARITIME SECURITY
SEC. 3101. SHORT TITLE; DEFINITIONS.
(a) Short Title.--This title may be cited as the ``Maritime
Transportation Security Act of 2006''.
(b) Definitions.--In this title:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Appropriations, the Committee on Commerce, Science, and
Transportation, the Committee on Finance, and the Committee on
Homeland Security and Governmental Affairs of the Senate, and
the Committee on Appropriations, the Committee on Homeland
Security, and the Committee on Ways and Means of the House of
Representatives.
(2) Commissioner.--The term ``Commissioner'' means the
Commissioner of Customs.
(3) Department.--The term ``Department'' means the
Department of Homeland Security.
(4) Secretary.--The term ``Secretary'' means the Security
of Homeland Security.
SEC. 3102. INTERAGENCY OPERATIONAL COMMAND CENTERS FOR PORT SECURITY.
(a) In General.--Chapter 701 of title 46, United States Code, is
amended by inserting after section 70103 the following new section:
``Sec. 70103A. Interagency operational command centers for port
security
``(a) In General.--In order to improve interagency cooperation,
unity of command, and the sharing of intelligence information in a
common mission to provide greater protection for port and intermodal
transportation systems against acts of terrorism, the Secretary, shall
establish interagency operational command centers for port security at
all high priority ports.
``(b) Characteristics.--The interagency operational centers shall--
``(1) be based on the most appropriate compositional and
operational characteristics of the pilot project interagency
operational centers for port security in Miami, Florida,
Norfolk/Hampton Roads, Virginia, Charleston, South Carolina,
and San Diego, California and the virtual operation center at
the port of New York/New Jersey;
``(2) be adapted to meet the security needs, requirements,
and resources of the individual port area at which each center
is operating;
``(3) provide for participation by--
``(A) representatives of the United States Customs
and Border Protection, Immigration and Customs
Enforcement, the Transportation Security
Administration, the Department of Defense, the
Department of Justice, and other Federal agencies,
determined to be appropriate by the Secretary of
Homeland Security;
``(B) representatives of State and local law
enforcement or port security personnel; and
``(C) members of the area maritime security
committee, as deemed appropriate by the Coast Guard
Captain of the Port;
``(4) be incorporated in the implementation and
administration of--
``(A) maritime transportation security plans
developed under section 70103 of this title;
``(B) maritime intelligence activities under
section 70113 of this title;
``(C) short and long range vessel tracking under
sections 70114 and 70115 of this title;
``(D) secure transportation systems under section
70119 of this title;
``(E) the United States Customs and Border
Protection's screening and high-risk cargo inspection
programs;
``(F) the transportation security incident response
plans required by section 70104 of this title; and
``(G) the execution of the protocols established
under sections 3119 and 3120 of the Maritime
Transportation Security Act of 2006 and the amendments
made by such sections.
``(c) Report Requirement.--Nothing in this section relieves the
Commandant of the Coast Guard from compliance with the requirements of
section 807 of the Coast Guard and Maritime Transportation Act of 2004.
The Commandant shall utilize the information developed for the report
required by such section 807 in carrying out the requirements of this
section.
``(d) Security Clearance Assistance.--The Secretary may assist non-
Federal personnel described in subsection (b)(3)(B) or (C) in obtaining
expedited appropriate security clearances and in maintaining their
security clearances.
``(e) Security Incidents.--During a transportation security
incident (as defined in section 70101(6) of this title) involving a
port, the Coast Guard Captain of the Port, designated by the Commandant
of the Coast Guard, in each joint operations center for maritime
security shall act as the incident commander, unless otherwise directed
under the National Maritime Transportation Security Plan established
under section 70103 of this title or by the President.''.
(b) Clerical Amendment.--The chapter analysis for chapter 701 of
title 46, United States Code, is amended by inserting after the item
relating to section 70103 the following new item:
``70103A. Interagency operational command centers for port security.''.
(c) Budget and Cost-Sharing Analysis.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of the
department in which the Coast Guard is operating shall submit to the
Committee on Commerce, Science, and Transportation of the Senate, and
the Committee on Homeland Security of the House of Representatives, a
proposed budget analysis for implementing subsection (a) of section
70103A of title 46, United States Code (as added by subsection (a) of
this section), including cost-sharing arrangements with other
departments and agencies of the Federal Government involved in the
interagency operation of the centers established under such section
70101A.
SEC. 3103. SALVAGE RESPONSE PLAN.
Section 70103(b)(2) of title 46, United States Code, is amended--
(1) by redesignating subparagraphs (E) and (F) as
subparagraphs (F) and (G), respectively; and
(2) by inserting after subparagraph (D) the following:
``(E) include a salvage response plan--
``(i) to identify salvage equipment capable
of restoring operational trade capacity; and
``(ii) to ensure that the flow of cargo
through United States ports is reestablished as
efficiently and quickly as possible after a
transportation security incident.''.
SEC. 3104. VESSEL AND FACILITY SECURITY PLANS.
Section 70103(c)(3) of title 46, United States Code, is amended--
(1) in subparagraph (E), by striking the ``training,
periodic unannounced drills and'';
(2) by redesignating subparagraphs (F) and (G) as
subparagraphs (G) and (H), respectively; and
(3) by inserting after subparagraph (E) the following new
subparagraph:
``(F) provide a strategy and timeline for
conducting training and periodic unannounced drills for
persons on the vessel or at the facility to be carried
out under the plan to deter, to the maximum extent
practicable, a transportation security incident or a
substantial threat of such a transportation security
incident;''.
SEC. 3105. ASSISTANCE FOR FOREIGN PORTS.
(a) In General.--Section 70109 of title 46, United States Code, is
amended--
(1) by striking the section heading and inserting the
following:
``Sec. 70109. International cooperation and coordination'';
and
(2) by adding at the end the following:
``(c) Foreign Assistance Programs.--
``(1) In general.--The Secretary, in consultation with the
Secretary of Transportation, the Secretary of State, the
Secretary of Energy, and the Commandant of the United States
Coast Guard, shall identify foreign assistance programs that
could facilitate implementation of port security antiterrorism
measures in foreign countries. The Secretary shall establish a
strategic plan to utilize the programs that are capable of
implementing port security antiterrorism measures at ports in
foreign countries that the Secretary finds, under section
70108, to lack effective antiterrorism measures.
``(2) Caribbean basin.--The Secretary, in coordination with
the Secretary of State and in consultation with the
Organization of American States and the Commandant of the
United States Coast Guard, shall place particular emphasis on
utilizing programs to facilitate the implementation of port
security antiterrorism measures at the ports located in the
Caribbean Basin, as such ports pose unique security and safety
threats to the United States due to--
``(A) the strategic location of such ports between
South America and United States;
``(B) the relative openness of such ports; and
``(C) the significant number of shipments of
narcotics to the United States that are moved through
such ports.
``(3) International cargo security standards.--The
Secretary, in consultation with the Secretary of State, shall
enter into negotiations with foreign governments and
international organizations, including the International
Maritime Organization, the World Customs Organization, and the
International Standards Organization, as appropriate--
``(A) to promote standards for the security of
containers and other cargo moving within the
international supply chain;
``(B) to encourage compliance with minimum
technical requirements for the capabilities of
nonintrusive inspection equipment, including imaging
and radiation detection devices, established under the
Maritime Transportation Security Act of 2006;
``(C) to implement the requirements of the
container security initiative under section 70117; and
``(D) to implement standards and procedures
established under section 70119.''.
(b) Report on Security at Ports in the Caribbean Basin.--Not later
than 180 days after the date of the enactment of this Act, the
Comptroller General of the United States shall submit to the Committee
on Commerce, Science, and Transportation of the Senate, the Committee
on Transportation and Infrastructure of the House of Representatives,
and the Committee on Homeland Security of the House of Representatives
a report on the security of ports in the Caribbean Basin. The report--
(1) shall include--
(A) an assessment of the effectiveness of the
measures employed to improve security at ports in the
Caribbean Basin and recommendations for any additional
measures to improve such security;
(B) an estimate of the number of ports in the
Caribbean Basin that will not be secured by July 1,
2007, and an estimate of the financial impact in the
United States of any action taken pursuant to section
70110 of title 46, United States Code, that affects
trade between such ports and the United States; and
(C) an assessment of the additional resources and
program changes that are necessary to maximize security
at ports in the Caribbean Basin; and
(2) may be submitted in both classified and redacted
formats.
(c) Conforming Amendment.--The chapter analysis for chapter 701 of
title 46, United States Code, is amended by striking the item relating
to section 70901 and inserting the following:
``70109. International cooperation and coordination.''.
SEC. 3106. PORT SECURITY GRANTS.
(a) Basis for Grants.--Section 70107(a) of title 46, United States
Code, is amended by striking ``for making a fair and equitable
allocation of funds'' and inserting ``based on risk and
vulnerability''.
(b) Letters of Intent.--Section 70107(e) of title 46, United States
Code, is amended by adding at the end the following:
``(5) Letters of intent.--The Secretary may execute letters
of intent to commit funding for eligible costs. Not more than
20 percent of the grant funds awarded under this subsection in
any fiscal year may be awarded for projects that span multiple
years.''.
SEC. 3107. OPERATION SAFE COMMERCE.
Section 70107 of title 46, United States Code, is amended by adding
at the end the following new subsection:
``(j) Operation Safe Commerce.--
``(1) In general.--Not later than 1 year after the date of
the enactment of the Maritime Transportation Security Act of
2006, the Secretary shall initiate grant projects that--
``(A) integrate nonintrusive inspection and
radiation detection equipment with automatic
identification methods for containers, vessels, and
vehicles;
``(B) test physical access control protocols and
technologies;
``(C) create a data sharing network capable of
transmitting data required by entities participating in
the international supply chain from every intermodal
transfer point to the National Targeting Center of the
Department; and
``(D) otherwise further maritime and cargo
security, as determined by the Secretary.
``(2) Supply chain security for special container and
noncontainerized cargo.--The Secretary shall consider
demonstration projects that further the security of the
international supply chain for special container cargo,
including refrigerated containers, and noncontainerized cargo,
including roll-on/roll-off, break-bulk, liquid, and dry bulk
cargo.
``(3) Annual report.--Not later than March 1 of each year,
the Secretary shall submit a report detailing the results of
Operation Safe Commerce to--
``(A) the Committee on Commerce, Science, and
Transportation of the Senate;
``(B) the Committee on Homeland Security and
Government Affairs of the Senate;
``(C) the Committee on Homeland Security of the
House of Representatives;
``(D) the Committee on Appropriations of the
Senate; and
``(E) the Committee on Appropriations of the House
of Representatives.''.
SEC. 3108. PORT SECURITY TRAINING PROGRAM.
(a) In General.--The Secretary, acting through the Assistant
Secretary for Grants and Training and in coordination with components
of the Department with maritime security expertise, including the Coast
Guard, the Transportation Security Administration, and United States
Customs and Border Protection, shall establish a Port Security Training
Program (in this section referred to as the ``Program'') for the
purpose of enhancing the capabilities of each commercial seaports in
the United States to prevent, prepare for, respond to, mitigate
against, and recover from threatened or actual acts of terrorism,
natural disasters, and other emergencies.
(b) Requirements.--The Program shall provide validated training
that--
(1) reaches multiple disciplines, including Federal, State,
and local government officials, commercial seaport personnel
and management, and governmental and nongovernmental emergency
response providers;
(2) provides training at the awareness, performance, and
management and planning levels;
(3) utilizes multiple training mediums and methods,
including--
(A) direct delivery;
(B) train-the-trainer;
(C) computer-based training;
(D) web-based training; and
(E) video teleconferencing;
(4) addresses port security topics, including--
(A) seaport security plans and procedures,
including how security plans and procedures are
adjusted when threat levels increase;
(B) seaport security force operations and
management;
(C) physical security and access control at
seaports;
(D) methods of security for preventing and
countering cargo theft;
(E) container security;
(F) recognition and detection of weapons, dangerous
substances, and devices;
(G) operation and maintenance of security equipment
and systems;
(H) security threats and patterns;
(I) security incident procedures, including
procedures for communicating with governmental and
nongovernmental emergency response providers; and
(J) evacuation procedures;
(5) is consistent with, and supports implementation of, the
National Incident Management System, the National Response
Plan, the National Infrastructure Protection Plan, the National
Preparedness Guidance, the National Preparedness Goal, the
National Maritime Transportation Security Plan and other such
national initiatives;
(6) is evaluated against clear and consistent performance
measures;
(7) addresses security requirements under facility security
plans; and
(8) educates, trains, and involves populations of at-risk
neighborhoods around ports, including training on an annual
basis for neighborhoods to learn what to be watchful for in
order to be a ``citizen corps'', if necessary.
(c) National Voluntary Consensus Standards.--The Secretary shall--
(1) support the development, promulgation, and regular
updating as necessary of national voluntary consensus standards
for port security training; and
(2) ensure that the training provided under this section is
consistent with such standards.
(d) Training Partners.--In developing and delivering training under
the Program, the Secretary shall--
(1) work with government training facilities, academic
institutions, private organizations, employee organizations,
and other entities that provide specialized, state-of-the-art
training for governmental and nongovernmental emergency
responder providers or commercial seaport personnel and
management; and
(2) utilize, as appropriate, training courses provided by
community colleges, public safety academies, State and private
universities, and other facilities.
(e) Consultation.--The Secretary shall ensure that, in carrying out
the Program, the Office of Grants and Training consults with commercial
seaport personnel and management.
(f) Commercial Seaport Personnel Defined.--For purposes of this
section, the term ``commercial seaport personnel'' means any person
engaged in an activity relating to the loading or unloading of cargo,
the movement or tracking of cargo, the maintenance and repair of
intermodal equipment, the operation of cargo-related equipment (whether
or not integral to the vessel), and the handling of mooring lines on
the dock when a vessel is made fast or let go, in the United States or
the coastal waters thereof.
SEC. 3109. PORT SECURITY EXERCISE PROGRAM.
(a) In General.--The Secretary shall establish a Port Security
Exercise Program (in this section referred to as the ``Program'') for
the purpose of testing and evaluating the capabilities of Federal,
State, local, and foreign governments, commercial seaport personnel and
management, governmental and nongovernmental emergency response
providers, the private sector, or any other organization or entity, as
the Secretary determines to be appropriate, to prevent, prepare for,
mitigate against, respond to, and recover from acts of terrorism,
natural disasters, and other emergencies at commercial seaports.
(b) Requirements.--The Secretary, acting through the Assistant
Secretary for Grants and Training and in coordination with components
of the Department with maritime security expertise, including the Coast
Guard, the Transportation Security Administration, and United States
Customs and Border Protection, shall ensure that the Program--
(1) consolidates all existing port security exercise
programs administered by the Department;
(2) conducts, on a periodic basis, port security exercises
at commercial seaports that are--
(A) scaled and tailored to the needs of each port;
(B) live in the case of the most at-risk ports;
(C) as realistic as practicable and based on
current risk assessments, including credible threats,
vulnerabilities, and consequences;
(D) consistent with the National Incident
Management System, the National Response Plan, the
National Infrastructure Protection Plan, the National
Preparedness Guidance, the National Preparedness Goal,
the National Maritime Transportation Security Plan and
other such national initiatives;
(E) evaluated against clear and consistent
performance measures;
(F) assessed to learn best practices, which shall
be shared with appropriate Federal, State, and local
officials, seaport personnel and management;
governmental and nongovernmental emergency response
providers, and the private sector; and
(G) followed by remedial action in response to
lessons learned; and
(3) assists State and local governments and commercial
seaports in designing, implementing, and evaluating exercises
that--
(A) conform to the requirements of paragraph (2);
and
(B) are consistent with any applicable Area
Maritime Transportation Security Plan and State or
Urban Area Homeland Security Plan.
(c) Remedial Action Management System.--The Secretary, acting
through the Assistant Secretary for Grants and Training, shall
establish a Remedial Action Management System to--
(1) identify and analyze each port security exercise for
lessons learned and best practices;
(2) disseminate lessons learned and best practices to
participants in the Program;
(3) monitor the implementation of lessons learned and best
practices by participants in the Program; and
(4) conduct remedial action tracking and long-term trend
analysis.
(d) Grant Program Factor.--In evaluating and prioritizing
applications for the port security grant program under section 70107 of
title 46, United States Code, the Secretary shall give additional
consideration to those applicants that have conducted port security
exercises under this section.
(e) Consultation.--The Secretary shall ensure that, in carrying out
the Program, the Office of Grants and Training consults with--
(1) governmental and nongovernmental emergency response
providers; and
(2) commercial seaport personnel and management.
(f) Commercial Seaport Personnel Defined.--For purposes of this
section, the term ``commercial seaport personnel'' means any person
engaged in an activity relating to the loading or unloading of cargo,
the movement or tracking of cargo, the maintenance and repair of
intermodal equipment, the operation of cargo-related equipment (whether
or not integral to the vessel), and the handling of mooring lines on
the dock when a vessel is made fast or let go, in the United States or
the coastal waters thereof.
SEC. 3110. INSPECTION OF CAR FERRIES ENTERING FROM CANADA.
Not later than 120 days after the date of the enactment of this
Act, the Secretary of Homeland Security, acting through the
Commissioner of Customs, in coordination with the Secretary of State,
and their Canadian counterparts, shall develop a plan for the
inspection of passengers and vehicles before such passengers board, or
such vehicles are loaded onto, a ferry bound for a United States port.
SEC. 3111. DEADLINE FOR TRANSPORTATION WORKER IDENTIFICATION CREDENTIAL
SECURITY CARDS.
Section 70105(a) of title 46, United States Code, is amended by
adding at the end the following:
``(3) The Secretary shall--
``(A) promulgate a final rule to implement this section not
later than January 1, 2007;
``(B) conduct a complete review of the biometric card
readers not later than 90 days after the promulgation of such
rule; and
``(C) implement this section not later than July 1,
2007.''.
SEC. 3112. PORT SECURITY USER FEE STUDY.
The Secretary of Homeland Security, in consultation with the
Secretary of the Treasury and the United States Trade Representative,
shall conduct a study of the need for, and feasibility of, establishing
a system of oceanborne and port-related intermodal transportation user
fees that could be imposed and collected as a dedicated revenue source,
on a temporary or continuing basis, to provide necessary funding for
the improvement and maintenance of enhanced port security. Not later
than 1 year after date of the enactment of this Act, the Secretary
shall submit a report to the appropriate congressional committees
that--
(1) contains the Secretary's findings, conclusions, and
recommendations (including legislative recommendations if
appropriate) regarding implementation of user fees;
(2) includes an assessment of the annual amount of customs
fees and duties collected through oceanborne and port-related
transportation and the amount and percentage of such fees and
duties that are dedicated to improving and maintaining
security;
(3) includes an assessment of the impact of the fees,
charges, and standards on the competitiveness of United States
ports and port terminal operators; and
(4) includes recommendations for addressing any negative
impact the fees, charges, and standards have on the
competitiveness of United States ports and port terminal
operators.
SEC. 3113. UNANNOUNCED INSPECTIONS OF MARITIME FACILITIES.
Subparagraph (D) of section 70103(c)(4) of title 46, United States
Code, is amended to read as follows:
``(D) verify the effectiveness of each such
facility security plan periodically, not less than
twice annually, at least one of which shall be an
inspection of the facility that is conducted without
notice to the facility.''.
SEC. 3114. FOREIGN PORT ASSESSMENTS.
Section 70108 of title 46, United States Code, is amended by adding
at the end the following:
``(d) Periodic Reassessment.--The Secretary shall reassess the
effectiveness of antiterrorism measures maintained at ports as
described under subsection (a) and of procedures described in
subsection (b) not less than every 3 years.''.
SEC. 3115. PILOT PROGRAM TO IMPROVE THE SECURITY OF EMPTY CONTAINERS.
(a) In General.--The Secretary, acting through the Commissioner of
Customs, shall conduct a 1-year pilot program to evaluate and improve
the security of empty containers at United States seaports to ensure
the safe and secure delivery of cargo and to prevent potential acts of
terrorism involving such containers. The pilot program shall include
the use of visual searches of empty containers at United States
seaports.
(b) Report.--Not later than 90 days after the completion of the
pilot program under paragraph (1), the Secretary shall prepare and
submit to the appropriate congressional committees a report that
contains--
(1) the results of pilot program; and
(2) the determination of the Secretary whether or not to
expand the pilot program.
SEC. 3116. DOMESTIC RADIATION DETECTION AND IMAGING.
(a) Examining Containers.--Not later than December 31, 2007, all
containers entering the United States through the busiest 22 seaports
of entry shall be examined for radiation.
(b) Strategy.--The Secretary shall develop a strategy for the
deployment of radiation detection capabilities that includes--
(1) a risk-based prioritization of ports of entry at which
radiation detection equipment will be deployed;
(2) a proposed time line of when radiation detection
equipment will be deployed at each of the ports of entry
identified under paragraph (1);
(3) the type of equipment to be used at each of the ports
of entry identified under paragraph (1), including the joint
deployment and utilization of radiation detection equipment and
nonintrusive imaging equipment;
(4) standard operating procedures for examining containers
with such equipment, including sensor alarming, networking and
communications and response protocols;
(5) operator training plans;
(6) the Department policy for the use of nonintrusive
inspection equipment; and
(7) a classified annex that--
(A) details plans for covert testing; and
(B) outlines the risk-based prioritization of ports
of entry used under paragraph (1).
(c) Report.--Not later than 90 days after the date of the enactment
of this Act, the Secretary shall submit the strategy developed under
subsection (b) to appropriate congressional committees.
(d) Other WMD Threats.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall submit a strategy for
the deployment of equipment to detect chemical, biological, and other
weapons at all ports of entry into the United States to appropriate
congressional committees.
(e) Implementation.--Not later than 2 years after the date of the
enactment of this Act, the Secretary shall fully implement the strategy
developed under subsection (b).
SEC. 3117. EVALUATION OF THE ENVIRONMENTAL HEALTH AND SAFETY IMPACTS OF
NONINTRUSIVE INSPECTION TECHNOLOGY.
(a) Radiation Safety.--Not later than 90 days after the date of the
enactment of this Act, the Director of the National Institutes of
Health, in conjunction with the Director of the Domestic Nuclear
Detection Office and the Commissioner of Customs, shall--
(1) conduct an evaluation of the health and safety impacts
of non-intrusive inspection technology; and
(2) identify appropriate operational protocols for the use
of United States Customs and Border Protection non-intrusive
inspection equipment.
(b) Submission to Congress.--The final evaluation conducted under
subsection (a) shall be transmitted to the appropriate congressional
committees not later than 180 days after the date of the enactment of
this Act.
SEC. 3118. AUTHORIZATION FOR CUSTOMS AND BORDER PROTECTION PERSONNEL.
The Act of February 13, 1911 (36 Stat. 901, chapter 46; 19 U.S.C.
267) is amended by inserting after section 5 the following new section:
``SEC. 5A. AUTHORIZATION FOR CUSTOMS AND BORDER PROTECTION PERSONNEL.
``(a) In General.--In addition to any monies hereafter appropriated
to the United States Customs and Border Protection of the Department of
Homeland Security, there are authorized to be appropriated for the
purpose of increasing the number of Customs and Border Protection
personnel, to remain available until expended, the following:
``(1) $88,000,000 in fiscal year 2007.
``(2) $176,000,000 in fiscal year 2008.
``(3) $189,000,000 in fiscal year 2009.
``(b) Additional Personnel.--The additional personnel authorized
under subsection (a) shall include:
``(1) 1,000 additional Customs and Border Protection
Officers at United States ports of entry, of which the
Commissioner of Customs shall assign--
``(A) at least 1 additional officer at each port of
entry in the United States; and
``(B) the balance of the additional officers
authorized by this subsection among ports of entry in
the United States based upon the volume of trade.
``(2) 100 nonsupervisory import specialists for the purpose
of performing trade facilitation and enforcement functions.
``(c) Resource Allocation Model.--Not later than 1 year after the
date of the enactment of this Act, and every 2 years thereafter, the
Commissioner of Customs shall prepare and submit to the Committee on
Finance of the Senate and the Committee on Ways and Means of the House
of Representatives a Resource Allocation Model to determine the optimal
staffing levels required to carry out the commercial operations of the
United States Customs and Border Protection, including inspection and
cargo clearance and the revenue functions described in section
412(b)(2) of the Homeland Security Act of 2002 (6 U.S.C. 212(b)(2)).
The model shall comply with the requirements of section 412(b)(1) of
such Act and shall take into account previous staffing models and
historic and projected trade volumes and trends. The Resource
Allocation Model shall apply both risk-based and random sampling
approaches for determining adequate staffing needs for priority trade
functions, including--
``(1) performing revenue functions;
``(2) enforcing antidumping and countervailing laws;
``(3) protecting intellectual property rights;
``(4) enforcing provisions of law relating to textiles;
``(5) conducting agricultural inspections; and
``(6) enforcing penalties.''.
SEC. 3119. STRATEGIC PLAN.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary, in consultation with appropriate
Federal, State, local, and tribal government agencies, public port
authorities, and private sector stakeholders responsible for security
matters that affect or relate to the movement of containers through the
international supply chain, shall submit, to appropriate congressional
committees, a comprehensive strategic plan to enhance international
supply chain.
(b) Content.--The strategic plan submitted under subsection (a)
shall--
(1) clarify and delineate the roles, responsibilities, and
authorities of Federal, State, local, and tribal government
agencies and private sector stakeholders that relate to the
security of the movement of containers arriving in, departing
from, or moving through seaports of the United States;
(2) provide measurable goals, including objectives,
mechanisms, and a schedule, for furthering the security of
commercial operations from point of origin to point of
destination;
(3) build on available resources and consider costs and
benefits;
(4) identify mandatory, baseline security goals, and the
minimum container security standards and procedures;
(5) include a process for sharing intelligence and
information with private sector stakeholders to assist in their
security efforts;
(6) identify a framework for prudent and measured response
in the event of a transportation security incident (as defined
in section 70101 of title 46, United States Code,) in a United
States seaport;
(7) provide a plan for the expeditious resumption of the
flow of legitimate trade in accordance with the amendments made
by section 3120 of this Act;
(8) focus on the secure movement of containerized cargo;
(9) consider the linkages between supply chain security and
security programs within other systems of movement, including
travel security and terrorist financing programs;
(10) expand upon and relate to existing strategies and
plans, including the National Strategy for Maritime Security
and the National Maritime Transportation Security Plan; and
(11) ensure that supply chain security mandates and
voluntary programs, to the extent practicable, provide even-
handed treatment for affected parties of the same type,
regardless of the size of the particular business.
(c) Update.--Not less than 3 years after the strategic plan is
submitted under subsection (a), the Secretary shall submit an update of
the strategic plan to appropriate congressional committees.
(d) Consultations.--Consultations described in subsection (a) shall
focus on--
(1) designing measurable goals, including objectives,
mechanisms, and a schedule, for furthering the security of the
international supply chain;
(2) identifying and addressing gaps in capabilities,
responsibilities, resources, or authorities;
(3) identifying and streamlining unnecessary overlaps in
capabilities, responsibilities, or authorities; and
(4) identifying and making recommendations regarding
legislative, regulatory, and organizational changes necessary
to improve coordination among the entities or to enhance the
security of the international supply chain.
(e) Utilization of Advisory Committees.--As part of the
consultative process, the Secretary shall utilize the Homeland Security
Advisory Committee, the National Maritime Security Advisory Committee,
and the Commercial Operations Advisory Committee to review the draft
strategic plan and any subsequent update to that plan.
(f) International Standards and Practices.--In furtherance of the
strategic plan, the Secretary is encouraged to consider proposed or
established standards and practices of foreign governments and
international organizations, including, as appropriate, the
International Maritime Organization, the World Customs Organization,
the International Labor Organization, and the International
Organization for Standardization to establish standards and best
practices for the security of containers moving through the
international supply chain.
SEC. 3120. RESUMPTION OF TRADE.
(a) Section 70103(a)(2)(J) of title 46, United States Code, is
amended by inserting after the end period: ``The plan shall provide, to
the extent practicable, preference in the reestablishment of the flow
of cargo through United States ports after a transportation security
incident to--
``(i) vessels that have a vessel security
plan approved under subsection (c) or vessels
that have a valid international ship security
certificate; and
``(ii) vessels manned by individuals who
are described in section 70105(b)(2)(B) and who
have undergone a background records check under
section 70105(d) or who hold transportation
security cards issued under section 70105.''.
(b) Title III of the Tariff Act of 1930 is amended by inserting
after section 318 the following new section:
``SEC. 318A. TRADE RESUMPTION PLAN.
``(a) Definitions.--In this section:
``(1) Inspection.--The term `inspection' means the
comprehensive process used by the personnel of the United
States Customs and Border Protection to assess goods entering
the United States for duty purposes, to detect the presence of
restricted or prohibited items, or to ensure compliance with
applicable laws. The process may include screening, conducting
an examination, or conducting a search.
``(2) Targeting.--The term `targeting' means the process
used by the personnel of the United States Customs and Border
Protection to determine the risk of security or trade
violations associated with cargo bound for the United States.
``(3) Transportation disruption.--The term `transportation
disruption' means any significant delay, interruption, or
stoppage in the flow of international trade caused by a natural
disaster, labor dispute, heightened threat level, an act of
terrorism, or any transportation security incident defined in
section 1572.3 of title 49, Code of Federal Regulations.
``(b) Trade Resumption Plan.--Not later than 1 year after the date
of the enactment of this Act, the Commissioner of Customs shall develop
a Trade Resumption Plan to provide for the resumption of trade in the
event of a transportation disruption. The Plan shall include--
``(1) a program to redeploy resources and personnel, as
necessary, to reestablish the flow of international trade in
the event of a transportation disruption;
``(2) a training program to periodically instruct personnel
of the United States Customs and Border Protection in trade
resumption functions in the event of a transportation
disruption;
``(3) a plan to revise cargo targeting and inspection
protocols to meet the security and trade facilitation needs of
the United States following a transportation disruption,
including, to the extent practicable, giving priority to--
``(A) cargo originating from a designated port
described in section 629(j);
``(B) cargo that has been handled, stored, shipped,
and imported by, or otherwise processed by, a tier 3
participant in the Customs-Trade Partnership Against
Terrorism (C-TPAT);
``(C) cargo that has undergone nuclear or
radiological detection scan, x-ray or density scan, and
optical character recognition scan, at the last port of
departure prior to arrival in the United States;
``(D) cargo transported in containers with tamper-
proof seals;
``(E) perishable cargo; and
``(F) any other cargo the Commissioner considers
appropriate;
``(4) a plan to communicate any revised procedures or
instructions to the private sector following a transportation
disruption; and
``(5) a plan to coordinate trade facilitation efforts among
affected ports of entry following a transportation disruption.
``(c) Consultations.--
``(1) In general.--The Commissioner of Customs shall
consult with appropriate government agencies, port authorities,
terminal operators, and the Customs Commercial Operations
Advisory Committee (COAC) in the development of the Trade
Resumption Plan.
``(2) Public comment.--The Commissioner of Customs shall
afford port authorities, terminal operators, and the COAC 60
days in which to comment on a draft Trade Resumption Plan
before finalizing such plan.
``(d) Exercises.--The Commissioner of Customs shall coordinate
annual exercises with appropriate Federal, State, and local agencies,
port authorities, terminal operators, and tier 3 participants in the C-
TPAT to practice and prepare for implementation of the Trade Resumption
Plan. Such exercises shall be coordinated with the Coast Guard's area
maritime security plan exercises.
``(e) Report and Consultation.--Not later than 180 days after the
date that the annual exercises described in subsection (d) are
completed, the Commissioner of Customs shall submit a report to the
Committee on Finance of the Senate and the Committee on Ways and Means
of the House of Representatives on the status of the Trade Resumption
Plan required by subsection (b) and the result of exercises required by
subsection (d), and shall consult with the committees regarding any
proposals to revise the Plan.''.
SEC. 3121. AUTOMATED TARGETING SYSTEM.
Title III of the Tariff Act of 1930, as added by section 3120 of
this Act, is amended by inserting after section 318A the following:
``SEC. 318B. AUTOMATED TARGETING SYSTEM.
``(a) In General.--The Secretary of Homeland Security, acting
through the Commissioner of Customs, shall develop and maintain an
antiterrorism cargo identification and screening system for
containerized cargo shipped to the United States either directly or via
a foreign port to assess imports and target those imports that pose a
high risk of containing contraband.
``(b) 24-Hour Advance Notification.--In order to provide the best
possible data for the Automated Targeting System, the Commissioner
shall require importers shipping goods to the United States via cargo
container to supply advanced trade data or a subset thereof not later
than 24 hours before loading a container under the advance notification
requirements under section 484(a)(2). The requirement shall apply to
goods entered on or after July 1, 2007.
``(c) New or Expanded Information Submissions.--
``(1) In general.--Any additional information submissions
allowable within the Commissioner's existing authority or
submitted voluntarily by supply chain participants shall be
transmitted in a secure fashion, as determined by the
Commissioner and in accordance with this subsection, to protect
the information from unauthorized access.
``(2) Confidentiality of information.--Information that is
required of, or voluntarily submitted by, supply chain
participants to the United States Customs and Border Protection
for purposes of this section--
``(A) shall be exempt from disclosure under section
552 of title 5, United States Code (commonly referred
to as the Freedom of Information Act);
``(B) shall not, without the written consent of the
person or entity submitting such information, be used
directly by the Department or a third party, in any
civil action arising under Federal or State law if such
information is submitted in good faith; and
``(C) shall not, without the written consent of the
person or entity submitting such information, be used
or disclosed by any officer or employee of the United
States for purposes other than the purposes of this
section, except--
``(i) in furtherance of an investigation or
other prosecution of a criminal act; or
``(ii) when disclosure of the information
would be--
``(I) to either House of Congress,
or to the extent of matter within its
jurisdiction, any committee or
subcommittee thereof, any joint
committee thereof or subcommittee of
any such joint committee; or
``(II) to the Comptroller General,
or any authorized representative of the
Comptroller General, in the course of
the performance of the duties of the
Comptroller General.
``(3) Independently obtained information.--Nothing in this
subsection shall be construed to limit or otherwise affect the
ability of a Federal, State, or local, government entity, under
applicable law, to obtain supply chain security information,
including any information lawfully and properly disclosed
generally or broadly to the public and to use such information
in any manner permitted by law.
``(4) Penalties.--Any person who is an officer or employee
of the United States and knowingly publishes, divulges,
discloses, or makes known in any manner or to any extent not
authorized by law, any supply chain security information
protected in this section from disclosure, shall be--
``(A) fined under title 18, United States Code,
imprisoned not more than 1 year, or both; and
``(B) removed from office or employment.
``(5) Authority to issue warnings.--The Secretary may
provide advisories, alerts, and warnings to relevant companies,
targeted sectors, other governmental entities, or the general
public regarding potential risks to the supply chain as
appropriate. In issuing a warning under this paragraph, the
Secretary shall take appropriate actions to protect from
disclosure--
``(A) the source of any voluntarily submitted
supply chain security information that forms the basis
for the warning; and
``(B) information that is proprietary, business
sensitive, relates specifically to the submitting
person or entity, or is otherwise not appropriately in
the public domain.
``(6) System improvements.--The Automated Targeting System
used by the United States Customs and Border Protection to
identify cargo for increased inspection prior to the clearance
of such cargo into the United States shall include a component
to permit--
``(A) the electronic comparison of similar manifest
and available entry data for cargo entered into or
bound for the United States, in order to efficiently
identify cargo for increased inspection or expeditious
release following a transportation disruption; and
``(B) the electronic isolation of select data
elements relating to cargo entered into or bound for
the United States, in order to efficiently identify
cargo for increased inspection or expeditious release
following a transportation disruption.
``(d) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to the Secretary of Homeland Security to carry out the
Automated Targeting System to identify high-risk oceanborne
container cargo for inspection--
``(A) $30,700,000 for fiscal year 2007;
``(B) $33,200,000 for fiscal year 2008; and
``(C) $35,700,000 for fiscal year 2009.
``(2) Supplement.--The amounts authorized by this
subsection shall be in addition to any other amounts authorized
to be appropriated to carry out that the Automated Targeting
System.''.
SEC. 3122. CONTAINER SECURITY INITIATIVE.
(a) Authorization.--The Secretary, acting through the Commissioner
of Customs, is authorized to establish and implement a program (to be
known as the ``Container Security Initiative'' or ``CSI'') to identify
and examine maritime containers that pose a security risk at foreign
ports before the containers are shipped to the United States.
(b) Assessment.--Before the Secretary designates any foreign port
under CSI, the Secretary, in coordination with other Federal officials,
as appropriate, shall conduct an assessment of the port to evaluate the
costs, benefits, and other factors associated with such designation,
including--
(1) the level of risk for the potential compromise of
containers by terrorists or terrorist weapons;
(2) the smuggling of narcotics;
(3) large scale violations of united States trade laws,
including intellectual property rights and textile
transshipment;
(4) the economic impact of cargo traveling from the foreign
port to the United States in terms of trade value and volume;
(5) the results of the Coast Guard assessments conducted
pursuant to section 70108 of title 46, United States Code;
(6) the capabilities and level of cooperation expected of
the government of the intended host country;
(7) the willingness of the government of the intended host
country to permit validation of security practices within the
country in which the foreign port is located, for the purposes
of C-TPAT or similar programs; and
(8) the potential for C-TPAT cargo traveling through the
foreign port.
(c) Annual Report.--Not later than March 1 of each year in which
the Secretary proposes to designate a foreign port under CSI, the
Secretary shall submit a report, in classified or unclassified form,
detailing the assessment of each foreign port the Secretary is
considering designating under CSI, to appropriate congressional
committees.
(d) Current CSI Ports.--The report under subsection (c) shall
include an annual assessment justifying the continuance of each port
designated under CSI as of the date of enactment of this Act.
(e) Designation of New Ports.--The Secretary shall not designate a
foreign port under CSI unless the Secretary has completed the
assessment required in subsection (b) for that port and submitted a
report under subsection (c) that includes that port.
(f) Negotiations.--The Secretary may request that the Secretary of
State, in conjunction with the United States Trade Representative,
enter into trade negotiations with the government of each foreign
country with a port designated under CSI, as appropriate, to ensure
full compliance with the requirements under CSI.
(g) Inspections.--
(1) Requirements and procedures.--The Secretary shall--
(A) establish technical capability requirements and
standard operating procedures for the use of
nonintrusive inspection and radiation detection
equipment in conjunction with CSI;
(B) require that the equipment operated at each
port designated under CSI be operated in accordance
with the requirements and procedures established under
subparagraph (A); and
(C) continually monitor the technologies,
processes, and techniques used to inspect cargo at
ports designated under CSI.
(2) Considerations.--
(A) Consistency of standards and procedures.--In
establishing the technical capability requirements and
standard operating procedures under paragraph (1)(A),
the Secretary shall take into account any such relevant
standards and procedures utilized by other Federal
departments or agencies as well as those developed by
international bodies.
(B) Applicability.--The technical capability
requirements and standard operating procedures
established pursuant to paragraph (1)(A) shall not
apply to activities conducted under the Megaports
Initiative of the Department of Energy.
(3) Foreign assistance.--
(A) In general.--The Secretary, in coordination
with the Secretary of State, the Secretary of Energy,
and other Federal agencies, shall identify foreign
assistance programs that could facilitate the
implementation of cargo security antiterrorism measures
at ports designated under CSI and foreign ports not
designated under CSI that lack effective antiterrorism
measures.
(B) Acquisition.--The Secretary may--
(i) lease, loan, provide, or otherwise
assist in the deployment of non-intrusive
inspection and handheld radiation detection
equipment at foreign seaports under such terms
and conditions as the Secretary prescribes,
including nonreimbursable loans or the transfer
of ownership of equipment; and
(ii) provide training and technical
assistance for domestic or foreign personnel
responsible for operating or maintaining such
equipment.
(C) Training.--The Secretary may provide training
on the use of inspection equipment, or other training
that the Secretary determines to be appropriate to
secure the international supply chain, to foreign
personnel at each port designated under CSI.
(h) Personnel.--The Secretary shall--
(1) annually assess the personnel needs at each port
designated under CSI; and
(2) deploy personnel in accordance with the assessment
under paragraph (1).
(i) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out this section--
(1) $142,000,000 for fiscal year 2007;
(2) $144,000,000 for fiscal year 2008; and
(3) $146,000,000 for fiscal year 2009.
SEC. 3123. CUSTOMS-TRADE PARTNERSHIP AGAINST TERRORISM VALIDATION
PROGRAM.
(a) Establishment.--
(1) Establishment.--The Secretary is authorized to
establish a voluntary program (to be known as the ``Customs-
Trade Partnership Against Terrorism'' or ``C-TPAT'') to
strengthen and improve the overall security of the
international supply chain and United States border security.
(2) Minimum security requirements.--The Secretary shall
review the minimum security requirements of C-TPAT at least
once every year and update such requirements as necessary.
(b) Eligible Entities.--Importers, customs brokers, forwarders,
air, sea, land carriers, contract logistics providers, and other
entities in the international supply chain and intermodal
transportation system are eligible to apply to voluntarily enter into
partnerships with the Department under C-TPAT.
(c) Minimum Requirements.--An applicant seeking to participate in
C-TPAT shall--
(1) demonstrate a history of moving commerce in the
international supply chain;
(2) conduct an assessment of its supply chains based upon
security criteria established by the Secretary, including--
(A) business partner requirements;
(B) container security;
(C) physical security and access controls;
(D) personnel security;
(E) procedural security;
(F) security training and threat awareness; and
(G) information technology security;
(3) implement and maintain security measures and supply
chain security practices meeting security criteria; and
(4) meet all other requirements established by the
Secretary.
(d) Tier One Participants.--
(1) Benefits.--The Secretary may offer limited benefits to
C-TPAT participants whose security measures and supply chain
security practices have been certified in accordance with the
guidelines established pursuant to subsection (c).
(2) Guidelines.--The Secretary shall update guidelines for
certifying a C-TPAT participant's security measures and supply
chain security practices under this section.
(e) Tier Two Participants.--
(1) In general.--Not later than 1 year after a C-TPAT
participant has been certified under subsection (d), the
Secretary shall validate the security measures and supply chain
security practices of that participant. Such validation shall
include assessments at appropriate foreign locations utilized
by the participant as part of the supply chain.
(2) Consequences for failed validation.--If a C-TPAT
participant's security measures and supply chain security
practices fail to meet the validation requirements under this
section, the Commissioner of Customs may--
(A) deny the participant benefits under C-TPAT on a
temporary or permanent basis; or
(B) suspend or expel the participant from C-TPAT.
(3) Right of appeal.--A C-TPAT participant described in
this subsection may file an appeal with the Secretary of the
Commissioner's decision under paragraph (2) to deny benefits
under C-TPAT or under paragraph (2) to suspend or expel the
participant from C-TPAT.
(4) Benefits.--The Secretary shall extend benefits to each
C-TPAT participant that has been validated under this section,
which may include--
(A) reduced examinations; and
(B) priority processing for searches.
(f) Tier Three Participants.--
(1) In general.--The Secretary shall establish a third tier
of C-TPAT that offers additional benefits to C-TPAT
participants that demonstrate a sustained commitment beyond the
minimum criteria for participation in C-TPAT.
(2) Additional criteria.--The Secretary shall designate
criteria for C-TPAT participants under this section that may
include criteria to ensure--
(A) cargo is loaded on a vessel with a vessel
security plan approved under section 70103(c) of title
46, United States Code, or on a vessel with a valid
International Ship Security Certificate as provided for
under part 104 of title 33, Code of Federal
Regulations;
(B) container security devices, policies, or
practices that exceed the standards and procedures
established by the Secretary are utilized; and
(C) cargo complies with any other requirements
determined by the Secretary.
(3) Benefits.--The Secretary, in consultation with the
Commercial Operations Advisory Committee (COAC) and the
National Maritime Security Advisory Committee, may provide
benefits to C-TPAT participants under this section, which may
include--
(A) the expedited release of tier three cargo into
destination ports within the United States during all
threat levels designated by the Secretary;
(B) preference to vessels;
(C) further reduced examinations;
(D) priority processing for examinations; and,
(E) further reduced scores in the Automated
Targeting System.
(4) Definition.--In this section, the term ``container
security device'' means a mechanical or electronic device
designed to, at a minimum, positively identify containers and
detect and record unauthorized intrusion of containers. Such
devices shall have false alarm rates that have been
demonstrated to be below one percent.
(g) Consequences for Lack of Compliance.--
(1) In general.--If a C-TPAT participant's security
measures and supply chain security practices fail to meet any
of the requirements under this title, the Commissioner may deny
the participant benefits in whole or in part under this
section.
(2) False or misleading information.--If a C-TPAT
participant intentionally provides false or misleading
information during the validation process of the participant
under this section, the Commissioner of Customs shall suspend
or expel the participant from C-TPAT for a period of not less
than 5 years.
(3) Right of appeal.--A C-TPAT participant may file an
appeal with the Secretary of the Commissioner's decision under
this subsection to deny benefits or suspend or expel the
participant from C-TPAT.
(h) Revalidation.--The Secretary shall establish a process for
revalidating C-TPAT participants under this title. Such revalidation
shall occur not less frequently than once during every 4-year period
following the initial validation.
(i) Non-Containerized Cargo.--The Secretary may consider the
potential for participation in C-TPAT by importers of non-containerized
cargoes that otherwise meet the requirements under this section.
(j) Strategic Plan.--A 5-year Strategic Plan to identify outcome-
based goals and performance measures of the Program.
(1) Annual plan.--An annual plan for each fiscal year
designed to match available resources to the projected
workload.
(2) Resource management staffing plan.--The Commissioner
shall--
(A) develop a staffing plan to recruit, train, and
retain staff (including a formalized training program)
to meet the objectives identified in the strategic
plan;
(B) conduct a study of the Program's training needs
and develop a comprehensive training program to support
the certification, validation, and revalidation
processes of the Program; and
(C) provide cross-training in post-incident trade
resumption for personnel engaged in the Program.
(k) Additional Personnel.--In each of the fiscal years 2007 through
2009, the Secretary shall increase by not less than 50 (over the
previous fiscal year) the number of positions for validation and
revalidation activities of the C-TPAT, and shall provide appropriate
training and support for the positions.
(l) Confidential Information Safeguards.--In consultation with
COAC, the Commissioner shall develop and implement procedures to ensure
the protection of confidential data collected, stored, or shared with
government agencies or as part of the application, validation, or
revalidation. The procedures shall include--
(1) measures for protecting data shared with any government
agency;
(2) measures for providing a secure system for document
storage accessible only to the appropriate personnel;
(3) measures for storing all electronic files in a manner
that prevents theft, copying, or deletion; and
(4) measures for labeling all records to clearly mark what
is considered confidential or a trade secret.
(m) Authorization of Appropriations.--There are authorized to be
appropriated $75,000,000 for each of the fiscal years 2007 through 2009
to carry out this section.
SEC. 3124. TECHNICAL REQUIREMENTS FOR NON-INTRUSIVE INSPECTION
EQUIPMENT.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Director of the Domestic Nuclear Detection
Office, in consultation with the Director of the National Institute of
Science and Technology and the Commissioner of Customs, shall initiate
a rulemaking--
(1) to establish minimum technical requirements for the
capabilities of non-intrusive inspection equipment for cargo,
including imaging and radiation devices; and
(2) to ensure that all equipment used can detect risks and
threats as determined appropriate by the Secretary.
(b) Endorsements; Sovereignty Conflicts.--In establishing such
requirements, the Director of the Domestic Nuclear Detection Office
shall be careful to avoid the endorsement of products associated with
specific companies.
(c) Final Rule Deadline.--The Director of the Domestic Nuclear
Detection Office shall issue a final rule under subsection (a) not
later than 1 year after the rulemaking proceeding is initiated.
SEC. 3125. RANDOM INSPECTION OF CONTAINERS.
Not later than 1 year after the date of the enactment of this Act,
the Commissioner of Customs shall develop and implement a plan,
utilizing best practices for empirical scientific research design and
random sampling standards for random physical inspection of shipping
containers in addition to any targeted or pre-shipment inspection of
such containers required by law or regulation or conducted under any
other program conducted by the Commissioner. Nothing in this section
shall be construed to mean that implementation of the random sampling
plan would preclude the additional physical inspection of shipping
containers not inspected pursuant to the plan.
SEC. 3126. INTERNATIONAL TRADE DATA SYSTEM.
(a) In General.--Section 411 of the Tariff Act of 1930 (19 U.S.C.
1411) is amended by adding at the end the following new subsections:
``(d) International Trade Data System.--
``(1) Establishment.--
``(A) In general.--The Secretary of the Treasury
(in this section, referred to as the `Secretary') shall
oversee the establishment of an electronic trade data
interchange system to be known as the `International
Trade Data System' (ITDS). The ITDS shall be
implemented not later than the date that the Automated
Commercial Environment (commonly referred to as `ACE')
is implemented.
``(B) Purpose.--The purpose of the ITDS is to
eliminate redundant information requirements, to
efficiently regulate the flow of commerce, and to
effectively enforce laws and regulations relating to
international trade, by establishing a single portal
system, operated by the United States Customs and
Border Protection, for the collection and distribution
of standard electronic import and export data required
by all Federal agencies.
``(C) Participation.--
``(i) In general.--All Federal agencies
that require documentation for clearing or
licensing the importation and exportation of
cargo shall participate in the ITDS.
``(ii) Waiver.--The Director of the Office
of Management and Budget may waive, in whole or
in part, the requirement for participation for
any Federal agency based on national security.
``(D) Consultation.--The Secretary shall consult
with and assist agencies in the transition from paper
to electronic format for the submission, issuance, and
storage of documents relating to data required to enter
cargo into the United States.
``(2) Data elements.--
``(A) In general.--The Interagency Steering
Committee established under paragraph (3) shall, in
consultation with the agencies participating in the
ITDS, define the standard set of data elements to be
collected, stored, and shared in the ITDS. The Steering
Committee shall periodically review the data elements
in order to update the data elements, as necessary.
``(B) Harmonization.--The Interagency Steering
Committee shall ensure that the ITDS data requirements
are compatible with the commitments or obligations
established by the World Customs Organization (WCO) and
the World Trade Organization (WTO) for the entry of
cargo.
``(C) Coordination.--The Secretary of the Treasury
shall be responsible for coordinating operation of the
ITDS among the participating agencies and the office
within the United States Customs and Border Protection
that is responsible for maintaining the ITDS.
``(3) Steering committee.--There is established an
Interagency Steering Committee. The members of the committee
shall include the Secretary of the Treasury (who shall serve as
the chairperson of the committee), the Director of the Office
of Management and Budget, and the head of each agency
participating in the ITDS. The Steering Committee shall assist
the Secretary of the Treasury in overseeing the implementation
of, and participation in, the ITDS.
``(4) Report.--The Steering Committee shall submit a report
annually to the Committee on Finance of the Senate and the
Committee on Ways and Means of the House of Representatives.
Each report shall include information on--
``(A) the status of the ITDS implementation;
``(B) the extent of participation in the ITDS by
Federal agencies;
``(C) the remaining barriers to any agency's
participation;
``(D) the extent to which the ITDS is consistent
with applicable standards established by the World
Customs Organization and the World Trade Organization;
``(E) recommendations for technological and other
improvements to the ITDS; and
``(F) the status of the Bureau's development,
implementation, and management of the Automated
Commercial Environment.
``(e) Treasury Oversight.--The Secretary of the Treasury shall
ensure that no fewer than 5 full-time equivalents in the Office of Tax,
Trade, and Tariff Policy are available--
``(1) to carry out oversight of the customs revenue
functions delegated to the Secretary of Homeland Security
pursuant to section 412 of the Homeland Security Act of 2002 (6
U.S.C. 212); and
``(2) to carry out oversight of the International Trade
Data System established under this section.
``(f) Authorization of Appropriations.--There are authorized to be
appropriated for each of the fiscal years 2007, 2008, and 2009,
$750,000 for salaries and expenses required to carry out subsection
(e).''.
TITLE XXXII--RAIL SECURITY
SEC. 3201. SHORT TITLE.
This title may be cited as the ``Rail Security Act of 2006''.
SEC. 3202. RAIL TRANSPORTATION SECURITY RISK ASSESSMENT.
(a) In General.--
(1) Vulnerability and risk assessment.--The Secretary of
Homeland Security shall establish a task force, consisting of
representatives of the Transportation Security Administration,
the Department of Transportation, and other appropriate Federal
agencies, which shall complete a vulnerability and risk
assessment of freight and passenger rail transportation
(including railroads, as that term is defined in section
20102(1) of title 49, United States Code). The assessment shall
include--
(A) a methodology for conducting the risk
assessment, including timelines, that addresses how the
Secretary of Homeland Security will work with the
entities describe in subsection (b) and make use of
existing expertise within the Department of Homeland
Security, the Department of Transportation, and other
appropriate Federal agencies;
(B) the identification and evaluation of critical
assets and infrastructures;
(C) the identification of vulnerabilities and risks
to those assets and infrastructures;
(D) the identification of vulnerabilities and risks
that are specific to the transportation of hazardous
materials by railroad;
(E) the identification of security weaknesses in
passenger and cargo security, transportation
infrastructure, protection systems, procedural
policies, communications systems, employee training,
emergency response planning, and any other area
identified by the assessment; and
(F) an account of actions taken or planned by
public and private entities to address identified rail
security issues and assess the effective integration of
such actions.
(2) Recommendations.--Based on the assessment conducted
under paragraph (1), the Secretary of Homeland Security, in
consultation with the Secretary of Transportation, shall
develop prioritized recommendations for improving rail
security, including any recommendations the Secretary has for--
(A) improving the security of rail tunnels, rail
bridges, rail switching and car storage areas, other
rail infrastructure and facilities, information
systems, and other areas identified by the Secretary as
posing significant rail-related risks to public safety
and the movement of interstate commerce, taking into
account the impact that any proposed security measure
might have on the provision of rail service;
(B) deploying equipment to detect explosives and
hazardous chemical, biological, and radioactive
substances, and any appropriate countermeasures;
(C) training appropriate railroad or railroad
shipper employees in terrorism prevention, passenger
evacuation, and response activities;
(D) conducting public outreach campaigns on
passenger railroads;
(E) deploying surveillance equipment; and
(F) identifying the immediate and long-term costs
of measures that may be required to address those
risks.
(3) Plans.--The report required under subsection (c) shall
include--
(A) a plan, developed in consultation with the
freight and intercity passenger railroads and State and
local governments, for the Federal Government to
provide increased security support at high or severe
threat levels of alert;
(B) a plan for coordinating existing and planned
rail security initiatives undertaken by the public and
private sectors; and
(C) a contingency plan, developed in conjunction
with freight and intercity and commuter passenger
railroads, to ensure the continued movement of freight
and passengers in the event of an attack affecting the
railroad system, which shall contemplate--
(i) the possibility of rerouting traffic
due to the loss of critical infrastructure,
such as a bridge, tunnel, yard, or station; and
(ii) methods of continuing railroad service
in the Northeast Corridor in the event of a
commercial power loss, or catastrophe affecting
a critical bridge, tunnel, yard, or station.
(b) Consultation; Use of Existing Resources.--In carrying out the
assessment and developing the recommendations and plans required by
subsection (a), the Secretary of Homeland Security shall consult with
rail management, rail labor, owners or lessors of rail cars used to
transport hazardous materials, first responders, shippers of hazardous
materials, public safety officials, and other relevant parties.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit a report to the
Committee on Commerce, Science, and Transportation of the Senate, the
Committee on Transportation and Infrastructure of the House of
Representatives, and the Committee on Homeland Security of the House of
Representatives. The report shall contain the assessment, prioritized
recommendations, and plans required under subsection (a) and an
estimate of the cost to implement such recommendations. The Secretary
may submit the report in both classified and redacted formats if the
Secretary determines that such action is appropriate or necessary.
(d) Annual Updates.--The Secretary of Homeland Security, in
consultation with the Secretary of Transportation, shall update the
assessment and recommendations each year and transmit a report, which
may be submitted in both classified and redacted formats, to the
committees named in subsection (c)(1), containing the updated
assessment and recommendations.
(e) Funding.--From the funds appropriated for fiscal year 2007,
pursuant to section 114(u) of title 49, United States Code (as added by
section 3217(a)), $5,000,000 shall be made available to the Secretary
of Homeland Security to carry out this section.
SEC. 3203. SYSTEMWIDE AMTRAK SECURITY UPGRADES.
(a) In General.--Subject to subsection (c), the Secretary of
Homeland Security, in consultation with the Assistant Secretary of the
Transportation Security Administration, may award grants to Amtrak--
(1) to secure major tunnel access points and ensure tunnel
integrity in New York, Baltimore, and Washington, D.C.;
(2) to secure Amtrak trains;
(3) to secure Amtrak stations;
(4) to obtain a watch list identification system approved
by the Secretary;
(5) to obtain train tracking and interoperable
communications systems that are coordinated to the maximum
extent possible;
(6) to hire additional police and security officers,
including canine units;
(7) to expand emergency preparedness efforts; and
(8) for employee security training.
(b) Conditions.--The Secretary of Transportation shall disburse
funds provided to Amtrak under subsection (a) for projects contained in
an Amtrak systemwide security plan approved by the Secretary of
Homeland Security. The plan shall include appropriate measures to
address security awareness, emergency response, and passenger
evacuation training.
(c) Equitable Geographic Allocation.--The Secretary of Homeland
Security shall ensure that, subject to meeting the highest security
needs on Amtrak's entire system and consistent with the risk assessment
required under section 3202, stations and facilities located outside of
the Northeast Corridor receive an equitable share of the security funds
authorized by this section.
(d) Funding.--
(1) In general.--From the funds appropriated pursuant to
section 114(u) of title 49, United States Code (as added by
section 3217(a)), there shall be made available to the
Secretary of Homeland Security and the Assistant Secretary of
the Transportation Security Administration to carry out this
section--
(A) $63,500,000 for fiscal year 2007;
(B) $30,000,000 for fiscal year 2008; and
(C) $30,000,000 for fiscal year 2009.
(2) Availability.--Amounts appropriated pursuant to this
subsection shall remain available until expended.
SEC. 3204. FIRE AND LIFE-SAFETY IMPROVEMENTS.
(a) Life-Safety Needs.--The Secretary of Transportation, in
consultation with the Secretary of Homeland Security, may award grants
to Amtrak for fire and life-safety improvements to Amtrak tunnels on
the Northeast Corridor in New York, Baltimore, and Washington, D.C.
(b) Funding.--From the funds appropriated pursuant to section
3217(b), there shall be made available to the Secretary of
Transportation for the purposes of carrying out subsection (a)--
(1) $190,000,000 for each of the fiscal years 2007, 2008,
and 2009 for the 6 New York tunnels to provide ventilation,
electrical, and fire safety technology upgrades, emergency
communication and lighting systems, and emergency access and
egress for passengers;
(2) $19,000,000 for each of the fiscal years 2007, 2008,
and 2009 for the Baltimore & Potomac and Union tunnels, to
provide adequate drainage, ventilation, communication,
lighting, and passenger egress upgrades; and
(3) $13,333,000 for each of the fiscal years 2007, 2008,
and 2009 for the Union Station tunnels in Washington, D.C., to
improve ventilation, communication, lighting, and passenger
egress upgrades.
(c) Infrastructure Upgrades.--From the funds appropriated for
fiscal year 2007, pursuant to section 3217(b), $3,000,000 shall be made
available to the Secretary of Transportation for the preliminary design
of options for a new tunnel on a different alignment to augment the
capacity of the existing Baltimore tunnels.
(d) Availability of Funds.--Amounts made available pursuant to this
section shall remain available until expended.
(e) Plans Required.--The Secretary of Transportation may not make
amounts available to Amtrak for obligation or expenditure under
subsection (a)--
(1) until Amtrak has submitted to the Secretary, and the
Secretary has approved, an engineering and financial plan for
such projects; and
(2) unless, for each project funded pursuant to this
section, the Secretary has approved a project management plan
prepared by Amtrak addressing appropriate project budget,
construction schedule, recipient staff organization, document
control and record keeping, change order procedure, quality
control and assurance, periodic plan updates, and periodic
status reports.
(f) Review of Plans.--
(1) Initial review.--Not later than 45 days after the date
on which a plan required by paragraphs (1) and (2) of
subsection (e) is submitted by Amtrak, the Secretary of
Transportation shall complete a review of the plan and approve
or disapprove the plan. If the Secretary determines that a plan
is incomplete or deficient, the Secretary shall notify Amtrak
of the incomplete items or deficiencies.
(2) Submission of modified plan.--Not later than 30 days
after receiving notification from the Secretary under paragraph
(1), Amtrak shall submit a modified plan for the Secretary's
review.
(3) Review of modified plan.--Not later than 15 days after
receiving additional information on items previously included
in the plan, and not later than 45 days after receiving items
newly included in a modified plan, the Secretary shall--
(A) approve the modified plan; or
(B) if the Secretary finds the plan is still
incomplete or deficient--
(i) submit a report to the Committee on
Commerce, Science, and Transportation of the
Senate, the Committee on Transportation and
Infrastructure of the House of Representatives,
and the Committee on Homeland Security of the
House of Representatives that describes the
portions of the plan the Secretary finds
incomplete or deficient;
(ii) approve all other portions of the
plan; and
(iii) obligate the funds associated with
those other portions.
(4) Agreement.--Not later than 15 days after the partial
approval of a modified plan under paragraph (3), the Secretary
shall execute an agreement with Amtrak that describes a process
for resolving the remaining portions of the modified plan.
(g) Financial Contribution From Other Tunnel Users.--The Secretary
of Transportation, taking into account the need for the timely
completion of all portions of the tunnel projects described in
subsection (a), shall--
(1) consider the extent to which rail carriers other than
Amtrak use or plan to use the tunnels;
(2) consider the feasibility of seeking a financial
contribution from those other rail carriers toward the costs of
the projects; and
(3) obtain financial contributions or commitments from such
other rail carriers at levels reflecting the extent of their
use or planned use of the tunnels, if feasible.
SEC. 3205. FREIGHT AND PASSENGER RAIL SECURITY UPGRADES.
(a) Security Improvement Grants.--The Secretary of Homeland
Security, through the Assistant Secretary of the Transportation
Security Administration and other appropriate Federal agencies, may
award grants to freight railroads, the Alaska Railroad, hazardous
materials shippers, owners of rail cars used in the transportation of
hazardous materials, universities, colleges, research centers, and
State and local governments (for rail passenger facilities and
infrastructure not owned by Amtrak), for full or partial reimbursement
of costs incurred in the conduct of activities to prevent or respond to
acts of terrorism, sabotage, or other intercity passenger rail and
freight rail security vulnerabilities and risks identified under
section 3202, including--
(1) security and redundancy for critical communications,
computer, and train control systems essential for secure rail
operations;
(2) accommodation of rail cargo or passenger screening
equipment at the international border between the United States
and Mexico, the international border between the United States
and Canada, or other ports of entry;
(3) the security of hazardous material transportation by
rail;
(4) secure intercity passenger rail stations, trains, and
infrastructure;
(5) structural modification or replacement of rail cars
transporting high hazard materials to improve their resistance
to acts of terrorism;
(6) employee security awareness, preparedness, passenger
evacuation, and emergency response training;
(7) public security awareness campaigns for passenger train
operations;
(8) the sharing of intelligence and information about
security threats;
(9) to obtain train tracking and interoperable
communications systems that are coordinated to the maximum
extent possible;
(10) to hire additional police and security officers,
including canine units; and
(11) other improvements recommended by the report required
by section 3202, including infrastructure, facilities, and
equipment upgrades.
(b) Grants to Amtrak.--The Secretary of Homeland Security, through
the Secretary of Transportation, may award grants to Amtrak for the
purposes described in subsection (a).
(c) Accountability.--The Secretary of Homeland Security shall adopt
necessary procedures, including audits, to ensure that grants made
under this section are expended in accordance with the purposes of this
Act and the priorities and other criteria developed by the Secretary.
(d) Allocation.--The Secretary of Homeland Security shall
distribute the funds made available under this section based on risk
and vulnerability as determined under section 3202. The Secretary shall
encourage non-Federal financial participation in awarding grants. With
respect to grants for intercity passenger rail security, the Secretary
shall take into account passenger volume and whether a station is used
by commuter rail passengers and intercity rail passengers.
(e) Conditions.--The Secretary of Transportation may not disburse
funds to Amtrak under subsection (b) unless Amtrak meets the conditions
set forth in section 3203(b).
(f) Allocation Between Railroads and Others.--Unless the Secretary
of Homeland Security determines, based on the assessment required under
section 3202, that critical rail transportation security needs require
reimbursement in greater amounts to any eligible entity, a grant may
not be awarded under this section--
(1) to Amtrak in an amount in excess of $45,000,000; or
(2) for the purposes described in paragraph (3) or (5) of
subsection (a) in an amount in excess of $80,000,000.
(g) Funding.--
(1) In general.--From the funds appropriated pursuant to
section 114(u) of title 49, United States Code (as added by
section 3217(a)), $100,000,000 shall be made available to the
Secretary of Homeland Security for each of the fiscal years
2007, 2008, and 2009 to carry out this section.
(2) Availability.--Amounts appropriated pursuant to this
subsection shall remain available until expended.
(h) High Hazard Materials Defined.--In this title, the term ``high
hazard materials'' means quantities of poison inhalation hazard
materials, Class 2.3 gases, Class 6.1 materials, and anhydrous ammonia
that the Secretary of Homeland Security, in consultation with the
Secretary of Transportation, determines pose a security risk.
SEC. 3206. RAIL SECURITY RESEARCH AND DEVELOPMENT.
(a) Establishment of Research and Development Program.--The
Secretary of Homeland Security, through the Under Secretary for Science
and Technology and the Assistant Secretary of the Transportation
Security Administration, in consultation with the Secretary of
Transportation shall carry out a research and development program to
improve freight and intercity passenger rail security. The program may
include research and development projects to--
(1) reduce the vulnerability of passenger trains, stations,
and equipment to explosives and hazardous chemical, biological,
and radioactive substances;
(2) test new emergency response techniques and
technologies;
(3) develop improved freight technologies, including--
(A) technologies for sealing rail cars;
(B) automatic inspection of rail cars;
(C) communication-based train controls; and
(D) emergency response training;
(4) test wayside detectors that can detect tampering with
railroad equipment;
(5) support enhanced security for the transportation of
hazardous materials by rail, including--
(A) technologies to detect a breach in a tank car
or other rail car used to transport hazardous materials
and transmit information about the integrity of cars to
the train crew or dispatcher;
(B) research to improve tank car integrity, with a
focus on tank cars that carry high hazard materials;
and
(C) techniques to transfer hazardous materials from
rail cars that are damaged or otherwise represent an
unreasonable risk to human life or public safety; and
(6) other projects that address vulnerabilities and risks
identified under section 3202.
(b) Coordination With Other Research Initiatives.--The Secretary of
Homeland Security shall ensure that the research and development
program established under this section is coordinated with other
research and development initiatives at the Department of Homeland
Security and the Department of Transportation. The Secretary shall
carry out any research and development project authorized by this
section through a reimbursable agreement with the Secretary of
Transportation, if the Secretary of Transportation--
(1) is sponsoring a research and development project in a
similar area as of the date of the enactment of this Act; or
(2) has a unique facility or capability that would be
useful in carrying out the project.
(c) Grants and Accountability.--In carrying out the research and
development program established under this section, the Secretary of
Homeland Security--
(1) may award grants to the entities described in
subsections (a) and (b) of section 3205; and
(2) shall adopt necessary procedures, including audits, to
ensure that grant funds disbursed under this section are
expended in accordance with the purposes of this title and the
priorities and other criteria developed by the Secretary.
(d) Funding.--
(1) In general.--From the funds appropriated pursuant to
section 114(u) of title 49, United States Code (as added by
section 3217(a)), $35,000,000 shall be made available to the
Secretary of Homeland Security for each of the fiscal years
2007, 2008, and 2009 to carry out this section.
(2) Availability.--Amounts appropriated pursuant to this
subsection shall remain available until expended.
SEC. 3207. OVERSIGHT AND GRANT PROCEDURES.
(a) Secretarial Oversight.--The Secretary of Homeland Security may
expend not more than 0.5 percent of the amounts made available for
capital projects under this title--
(1) to enter into contracts for the review of proposed
capital projects and related program management plans;
(2) to oversee construction of such projects; and
(3) to make contracts to audit and review the safety,
procurement, management, and financial compliance of a
recipient of amounts under this title.
(b) Procedures for Grant Award.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary shall prescribe
procedures and schedules for the awarding of grants under this
title, including--
(A) application and qualification procedures
(including a requirement that the applicant have a
security plan);
(B) a record of decision on applicant eligibility;
and
(C) the execution of a grant agreement between the
grant recipient and the Secretary.
(2) Consistency.--The procedures prescribed under this
subsection shall be consistent, to the extent practicable, with
the grant procedures established under section 70107 of title
46, United States Code.
SEC. 3208. AMTRAK PLAN TO ASSIST FAMILIES OF PASSENGERS INVOLVED IN
RAIL PASSENGER ACCIDENTS.
(a) In General.--Chapter 243 of title 49, United States Code, is
amended by inserting after section 24313 the following:
``Sec. 24314. Plans to address needs of families of passengers involved
in rail passenger accidents
``(a) Submission of Plan.--Not later than 6 months after the date
of the enactment of the Rail Security Act of 2006, Amtrak shall submit
a plan to the Chairman of the National Transportation Safety Board, the
Secretary of Transportation, and the Secretary of Homeland Security
that addresses the needs of the families of passengers involved in any
rail passenger accident involving an Amtrak intercity train and
resulting in a loss of life.
``(b) Contents of Plans.--The plan submitted by Amtrak under
subsection (a) shall include the following:
``(1) A process by which Amtrak will maintain and provide
to the National Transportation Safety Board and the Secretary
of Transportation, immediately upon request, a list (which is
based on the best available information at the time of the
request) of the names of the passengers aboard the train
(whether or not such names have been verified), and will
periodically update the list. The plan shall include a
procedure, with respect to unreserved trains and passengers not
holding reservations on other trains, for Amtrak to use
reasonable efforts to ascertain the number and names of
passengers aboard a train involved in an accident.
``(2) A plan for creating and publicizing a reliable, toll-
free telephone number not later than 4 hours after such an
accident occurs, and for providing staff, to handle calls from
the families of the passengers.
``(3) A process for notifying the families of the
passengers, before providing any public notice of the names of
the passengers, by suitably trained individuals.
``(4) A process for providing the notice described in
paragraph (2) to the family of a passenger as soon as Amtrak
has verified that the passenger was aboard the train (whether
or not the names of all of the passengers have been verified).
``(5) A process by which--
``(A) the family of each passenger will be
consulted about the disposition of all remains and
personal effects of the passenger within Amtrak's
control;
``(B) any possession of the passenger within
Amtrak's control will be returned to the family unless
the possession is needed for the accident investigation
or any criminal investigation; and
``(C) any unclaimed possession of a passenger
within Amtrak's control will be retained by the rail
passenger carrier for not less than 18 months.
``(6) A process by which the treatment of the families of
nonrevenue passengers will be the same as the treatment of the
families of revenue passengers.
``(7) An assurance that Amtrak will provide adequate
training to its employees and agents to meet the needs of
survivors and family members following an accident.
``(c) Use of Information.--The National Transportation Safety
Board, the Secretary of Transportation, and Amtrak may not release any
personal information on a list obtained under subsection (b)(1) but may
provide information on the list about a passenger to the family of the
passenger to the extent that the Board or Amtrak considers appropriate.
``(d) Limitation on Liability.--Amtrak shall not be liable for
damages in any action brought in a Federal or State court arising out
of the performance of Amtrak in preparing or providing a passenger
list, or in providing information concerning a train reservation,
pursuant to a plan submitted by Amtrak under subsection (b), unless
such liability was caused by Amtrak's conduct.
``(e) Limitation on Statutory Construction.--Nothing in this
section may be construed as limiting the actions that Amtrak may take,
or the obligations that Amtrak may have, in providing assistance to the
families of passengers involved in a rail passenger accident.
``(f) Funding.--From the funds appropriated for fiscal year 2007
pursuant to section 3217(b) of the Rail Security Act of 2006, $500,000
shall be made available to the Secretary of Transportation for the use
of Amtrak to carry out this section. Amounts made available under this
subsection shall remain available until expended.''.
(b) Conforming Amendment.--The chapter analysis for chapter 243 of
title 49, United States Code, is amended by inserting after the item
relating to section 24313 the following:
``24314. Plan to assist families of passengers involved in rail
passenger accidents.''.
SEC. 3209. NORTHERN BORDER RAIL PASSENGER REPORT.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Homeland Security, in consultation with the
Assistant Secretary of the Transportation Security Administration, the
Secretary of Transportation, heads of other appropriate Federal
agencies, and the National Railroad Passenger Corporation, shall submit
a report to the Committee on Commerce, Science, and Transportation of
the Senate, the Committee on Transportation and Infrastructure of the
House of Representatives, and the Committee on Homeland Security of the
House of Representatives that contains--
(1) a description of the current system for screening
passengers and baggage on passenger rail service between the
United States and Canada;
(2) an assessment of the current program to provide
preclearance of airline passengers between the United States
and Canada as outlined in ``The Agreement on Air Transport
Preclearance between the Government of Canada and the
Government of the United States of America'', dated January 18,
2001;
(3) an assessment of the current program to provide
preclearance of freight railroad traffic between the United
States and Canada as outlined in the ``Declaration of Principle
for the Improved Security of Rail Shipments by Canadian
National Railway and Canadian Pacific Railway from Canada to
the United States'', dated April 2, 2003;
(4) information on progress by the Department of Homeland
Security and other Federal agencies towards finalizing a
bilateral protocol with Canada that would provide for
preclearance of passengers on trains operating between the
United States and Canada;
(5) a description of legislative, regulatory, budgetary, or
policy barriers within the United States Government to
providing pre-screened passenger lists for rail passengers
traveling between the United States and Canada to the
Department of Homeland Security;
(6) a description of the position of the Government of
Canada and relevant Canadian agencies with respect to
preclearance of such passengers;
(7) a draft of any changes in existing Federal law
necessary to provide for pre-screening of such passengers and
providing pre-screened passenger lists to the Department of
Homeland Security; and
(8) an analysis of the feasibility of reinstating in-
transit inspections onboard international Amtrak trains.
SEC. 3210. RAIL WORKER SECURITY TRAINING PROGRAM.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Homeland Security and the
Secretary of Transportation, in consultation with appropriate law
enforcement, security, and terrorism experts, representatives of
railroad carriers, and nonprofit employee organizations that represent
rail workers, shall develop and issue detailed guidance for a rail
worker security training program to prepare front-line workers for
potential threat conditions. The guidance shall take into consideration
any current security training requirements or best practices.
(b) Program Elements.--The guidance developed under subsection (a)
shall include elements, as appropriate to passenger and freight rail
service, that address--
(1) the determination of the seriousness of any occurrence;
(2) crew communication and coordination;
(3) appropriate responses to defend or protect oneself;
(4) use of protective devices;
(5) evacuation procedures;
(6) psychology of terrorists to cope with hijacker behavior
and passenger responses;
(7) situational training exercises regarding various threat
conditions; and
(8) any other subject the Secretary considers to be
appropriate.
(c) Railroad Carrier Security Training Programs.--
(1) In general.--Not later than 90 days after the Secretary
of Homeland Security issues guidance under subsection (a) in
final form, each railroad carrier shall develop a rail worker
security training program in accordance with that guidance and
submit it to the Secretary for review.
(2) Program review.--Not later than 30 days after receiving
a railroad carrier's program under this subsection, the
Secretary shall review the program and transmit comments to the
railroad carrier concerning any revisions the Secretary
considers necessary for the program to meet the guidance
requirements.
(3) Railroad carrier response.--A railroad carrier shall
respond to the Secretary's comments not later than 30 days
after receiving such comments.
(d) Training.--
(1) Implementation.--Not later than 1 year after the
Secretary reviews the training program developed by a railroad
carrier under this section, the railroad carrier shall complete
the training of all front-line workers in accordance with that
program.
(2) Report.--The Secretary shall review implementation of
the training program of a representative sample of railroad
carriers and submit a report to the Committee on Commerce,
Science, and Transportation of the Senate, the Committee on
Transportation and Infrastructure of the House of
Representatives, and the Committee on Homeland Security of the
House of Representatives that contains the number of reviews
conducted and the results. The Secretary may submit the report
in both classified and redacted formats as necessary.
(e) Updates.--The Secretary shall update the training guidance
issued under subsection (a) as appropriate to reflect new or different
security threats. Railroad carriers shall revise their programs
accordingly and provide additional training to their front-line workers
within a reasonable time after the guidance is updated.
(f) Front-Line Workers Defined.--In this section, the term ``front-
line workers'' means security personnel, dispatchers, train operators,
other onboard employees, maintenance and maintenance support personnel,
bridge tenders, as well as other appropriate employees of railroad
carriers, as defined by the Secretary.
(g) Other Employees.--The Secretary of Homeland Security shall
issue guidance and best practices for a rail shipper employee security
program containing the elements listed under subsection (b), as
appropriate.
SEC. 3211. WHISTLEBLOWER PROTECTION PROGRAM.
(a) In General.--Subchapter A of chapter 201 of title 49, United
States Code, is amended by inserting after section 20115 the following:
``Sec. 20116. Whistleblower protection for rail security matters
``(a) Discrimination Against Employee.--A rail carrier engaged in
interstate or foreign commerce may not discharge a railroad employee or
otherwise discriminate against a railroad employee because the employee
(or any person acting pursuant to a request of the employee)--
``(1) provided, caused to be provided, or is about to
provide or cause to be provided, to the employer or the Federal
Government information relating to a reasonably perceived
threat, in good faith, to security;
``(2) provided, caused to be provided, or is about to
provide or cause to be provided, testimony before Congress or
at any Federal or State proceeding regarding a reasonably
perceived threat, in good faith, to security; or
``(3) refused to violate or assist in the violation of any
law, rule or regulation related to rail security.
``(b) Dispute Resolution.--
``(1) In general.--A dispute, grievance, or claim arising
under this section is subject to resolution under section 3 of
the Railway Labor Act (45 U.S.C. 153). In a proceeding by the
National Railroad Adjustment Board, a division or delegate of
the Board, or another board of adjustment established under
section 3 of such Act to resolve the dispute, grievance, or
claim the proceeding shall be expedited and the dispute,
grievance, or claim shall be resolved not later than 180 days
after it is filed.
``(2) Damages.--If the violation is a form of
discrimination that does not involve discharge, suspension, or
another action affecting pay, and no other remedy is available
under this subsection, the Board, division, delegate, or other
board of adjustment may award the employee reasonable damages,
including punitive damages, of not more than $20,000.
``(c) Procedural Requirements.--Except as provided in subsection
(b), the procedure set forth in section 42121(b)(2)(B), including the
burdens of proof, applies to any complaint brought under this section.
``(d) Election of Remedies.--An employee of a railroad carrier may
not seek protection under both this section and another provision of
law for the same allegedly unlawful act of the carrier.
``(e) Disclosure of Identity.--(1) Except as provided in paragraph
(2) of this subsection, or with the written consent of the employee,
the Secretary of Transportation may not disclose the name of an
employee of a railroad carrier who has provided information about an
alleged violation of this section.
``(2) The Secretary shall disclose to the Attorney General the name
of an employee described in paragraph (1) if the matter is referred to
the Attorney General for enforcement.''.
(b) Conforming Amendment.--The chapter analysis for chapter 201 of
title 49, United States Code, is amended by inserting after the item
relating to section 20115 the following:
``20116. Whistleblower protection for rail security matters.''.
SEC. 3212. HIGH HAZARD MATERIAL SECURITY THREAT MITIGATION PLANS.
(a) In General.--The Secretary of Homeland Security, in
consultation with the Assistant Secretary of the Transportation
Security Administration and the Secretary of Transportation, shall
require rail carriers transporting a high hazard material and of a
quantity equal or exceeding the quantities of such material listed in
section 172.800, title 49, Code of Federal Regulations, to develop a
high hazard material security threat mitigation plan containing
appropriate measures, including alternative routing and temporary
shipment suspension options, to address assessed risks to high
consequence targets. The plan, and any information submitted to the
Secretary under this section shall be protected as sensitive security
information under the regulations prescribed under section 114(s) of
title 49, United States Code.
(b) Implementation.--A high hazard material security threat
mitigation plan shall be put into effect by a rail carrier for the
shipment of high hazardous materials by rail on the rail carrier's
right-of-way when the threat levels of the Homeland Security Advisory
System are high or severe and specific intelligence of probable or
imminent threat exists towards--
(1) a high-consequence target that is within the
catastrophic impact zone of a railroad right-of-way used to
transport high hazardous material; or
(2) rail infrastructure or operations within the immediate
vicinity of a high-consequence target.
(c) Completion and Review of Plans.--
(1) Plans required.--Each rail carrier described in
subsection (a) shall--
(A) submit a list of routes used to transport high
hazard materials to the Secretary of Homeland Security
not later than 60 days after the date of the enactment
of this Act;
(B) develop and submit a high hazard material
security threat mitigation plan to the Secretary not
later than 180 days after the rail carrier receives the
notice of high consequence targets on such routes by
the Secretary; and
(C) submit any subsequent revisions to the plan to
the Secretary not later than 30 days after making the
revisions.
(2) Review and updates.--The Secretary of Homeland
Security, in cooperation with the Secretary of Transportation,
shall review each plan developed under this section and submit
comments to the railroad carrier concerning any revisions that
the Secretary considers to be necessary. A railroad carrier
shall respond to the Secretary's comments not later than 30
days after receiving such comments. Each rail carrier shall
update and resubmit its plan for review not less than once
every 2 years.
(d) Definitions.--In this section:
(1) High-consequence target.--The term ``high-consequence
target'' means a building, buildings, infrastructure, public
space, or natural resource designated by the Secretary of
Homeland Security that is viable terrorist target of national
significance, the attack of which could result in--
(A) catastrophic loss of life; and
(B) significantly damaged national security and
defense capabilities; or
(C) national economic harm.
(2) Catastrophic impact zone.--The term ``catastrophic
impact zone'' means the area immediately adjacent to, under, or
above an active railroad right-of-way used to ship high hazard
materials in which the potential release or explosion of the
high hazard material being transported would likely cause--
(A) loss of life; or
(B) significant damage to property or structures.
(3) Rail carrier.--The term ``rail carrier'' has the
meaning given that term by section 10102(5) of title 49, United
States Code.
SEC. 3213. MEMORANDUM OF AGREEMENT.
(a) Memorandum of Agreement.--Not later than 1 year after the date
of the enactment of this Act, the Secretary of Transportation and the
Secretary of Homeland Security shall execute and develop an annex to
the memorandum of agreement between the Department of Transportation
and the Department of Homeland Security signed on September 28, 2004,
governing the specific roles, delineations of responsibilities,
resources and commitments of the each department in addressing railroad
transportation security matters, including the processes each
department will follow to promote communications, efficiency, and
nonduplication of effort.
(b) Rail Safety Regulations.--Section 20103(a) of title 49, United
States Code, is amended by striking ``safety'' the first place it
appears, and inserting ``safety, including security,''.
SEC. 3214. RAIL SECURITY ENHANCEMENTS.
(a) Rail Police Officers.--Section 28101 of title 49, United States
Code, is amended--
(1) by inserting ``(a) In General'' before ``Under''; and
(2) by striking ``the rail carrier'' each place it appears
and inserting ``any rail carrier''.
(b) Review of Rail Regulations.--Not later than 1 year after the
date of the enactment of this Act, the Secretary of Transportation, in
consultation with the Secretary of Homeland Security and the Assistant
Secretary of the Transportation Security Administration, shall review
the rail regulations of the Department of Transportation in existence
as of the date of the enactment of this Act to identify areas in which
such regulations need to be revised to improve rail security.
SEC. 3215. PUBLIC AWARENESS.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Homeland Security, in
consultation with the Secretary of Transportation, shall develop a
national plan for public outreach and awareness.
(b) Contents.--The plan developed under this section shall--
(1) be designed to increase awareness of measures that the
general public, railroad passengers, and railroad employees can
take to increase railroad system security; and
(2) provide outreach to railroad carriers and their
employees to improve their awareness of available technologies,
ongoing research and development efforts, and available Federal
funding sources to improve railroad security.
(c) Implementation.--Not later than 9 months after the date of the
enactment of this Act, the Secretary of Homeland Security shall
implement the plan developed under this section.
SEC. 3216. RAILROAD HIGH HAZARD MATERIAL TRACKING.
(a) Wireless Communications.--
(1) In general.--In conjunction with the research and
development program established under section 3206 and
consistent with the results of research relating to wireless
tracking technologies, the Secretary of Homeland Security, in
consultation with the Assistant Secretary of the Transportation
Security Administration, shall develop a program that will
encourage the equipping of rail cars transporting high hazard
materials in quantities equal to or greater than the quantities
listed in section 172.800 of title 49, Code of Federal
Regulations, with wireless terrestrial or satellite
communications technology that provides--
(A) car position location and tracking
capabilities;
(B) notification of rail car depressurization,
breach, or unsafe temperature; and
(C) notification of hazardous material release.
(2) Coordination.--In developing the program required by
paragraph (1), the Secretary shall--
(A) consult with the Secretary of Transportation to
coordinate the program with any ongoing or planned
efforts for rail car tracking at the Department of
Transportation; and
(B) ensure that the program is consistent with
recommendations and findings of the Department of
Homeland Security's hazardous material tank rail car
tracking pilot programs.
(b) Funding.--From the funds appropriated pursuant to section
114(u) of title 49, United States Code (as added by section 3217(a)),
$3,000,000 shall be made available to the Secretary of Homeland
Security for each of the fiscal years 2007, 2008, and 2009 to carry out
this section.
SEC. 3217. AUTHORIZATION OF APPROPRIATIONS.
(a) Transportation Security Administration Authorization.--Section
114 of title 49, United States Code, is amended by adding at the end
the following:
``(u) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Homeland Security for rail security--
``(1) $206,500,000 for fiscal year 2007;
``(2) $168,000,000 for fiscal year 2008; and
``(3) $168,000,000 for fiscal year 2009.''.
(b) Department of Transportation.--There are authorized to be
appropriated to the Secretary of Transportation to carry out this title
and sections 20116 and 24314 of title 49, United States Code, as added
by this title--
(1) $225,000,000 for fiscal year 2007;
(2) $223,000,000 for fiscal year 2008; and
(3) $223,000,000 for fiscal year 2009.
TITLE XXXIII--MASS TRANSIT SECURITY
SEC. 3301. SHORT TITLE.
This title may be cited as the ``Public Transportation Terrorism
Prevention Act of 2006''.
SEC. 3302. FINDINGS.
Congress finds that--
(1) public transportation systems throughout the world have
been a primary target of terrorist attacks, causing countless
death and injuries;
(2) 5,800 public transportation agencies operate in the
United States;
(3) 14,000,000 people in the United States ride public
transportation each work day;
(4) safe and secure public transportation systems are
essential for the Nation's economy and for significant national
and international public events;
(5) the Federal Transit Administration has invested
$74,900,000,000 since 1992 for construction and improvements to
the Nation's public transportation systems;
(6) the Federal Government appropriately invested
$18,100,000,000 in fiscal years 2002 through 2005 to protect
our Nation's aviation system and its 1,800,000 daily
passengers;
(7) the Federal Government has allocated $250,000,000 in
fiscal years 2003 through 2005 to protect public transportation
systems in the United States;
(8) the Federal Government has invested $7.38 in aviation
security improvements per passenger, but only $0.007 in public
transportation security improvements per passenger;
(9) the Government Accountability Office, the Mineta
Institute for Surface Transportation Policy Studies, the
American Public Transportation Association, and many
transportation experts have reported an urgent need for
significant investment in public transportation security
improvements; and
(10) the Federal Government has a duty to deter and
mitigate, to the greatest extent practicable, threats against
the Nation's public transportation systems.
SEC. 3303. SECURITY ASSESSMENTS.
(a) Public Transportation Security Assessments.--
(1) Submission.--Not later than 30 days after the date of
the enactment of this Act, the Federal Transit Administration
of the Department of Transportation shall submit all public
transportation security assessments and all other relevant
information to the Secretary of Homeland Security.
(2) Review.--Not later than July 31, 2007, the Secretary of
Homeland Security shall review and augment the security
assessments received under paragraph (1).
(3) Allocations.--The Secretary of Homeland Security shall
use the security assessments received under paragraph (1) as
the basis for allocating grant funds under section 3304, unless
the Secretary notifies the Committee on Banking, Housing, and
Urban Affairs of the Senate that the Secretary has determined
that an adjustment is necessary to respond to an urgent threat
or other significant factors.
(4) Security improvement priorities.--Not later than
September 30, 2007, the Secretary of Homeland Security, after
consultation with the management and employee representatives
of each public transportation system for which a security
assessment has been received under paragraph (1), shall
establish security improvement priorities that will be used by
public transportation agencies for any funding provided under
section 3304.
(5) Updates.--Not later than July 31, 2008, and annually
thereafter, the Secretary of Homeland Security shall--
(A) update the security assessments referred to in
this subsection; and
(B) conduct security assessments of all public
transportation agencies considered to be at greatest
risk of a terrorist attack.
(b) Use of Security Assessment Information.--The Secretary of
Homeland Security shall use the information collected under subsection
(a)--
(1) to establish the process for developing security
guidelines for public transportation security; and
(2) to design a security improvement strategy that--
(A) minimizes terrorist threats to public
transportation systems; and
(B) maximizes the efforts of public transportation
systems to mitigate damage from terrorist attacks.
(c) Bus and Rural Public Transportation Systems.--Not later than
July 31, 2007, the Secretary of Homeland Security shall conduct
security assessments, appropriate to the size and nature of each
system, to determine the specific needs of--
(1) local bus-only public transportation systems; and
(2) selected public transportation systems that receive
funds under section 5311 of title 49, United States Code.
SEC. 3304. SECURITY ASSISTANCE GRANTS.
(a) Capital Security Assistance Program.--
(1) In general.--The Secretary of Homeland Security shall
award grants directly to public transportation agencies for
allowable capital security improvements based on the priorities
established under section 3303(a)(4).
(2) Allowable use of funds.--Grants awarded under paragraph
(1) may be used for--
(A) tunnel protection systems;
(B) perimeter protection systems;
(C) redundant critical operations control systems;
(D) chemical, biological, radiological, or
explosive detection systems;
(E) surveillance equipment;
(F) communications equipment;
(G) emergency response equipment;
(H) fire suppression and decontamination equipment;
(I) global positioning or automated vehicle locator
type system equipment;
(J) evacuation improvements; and
(K) other capital security improvements.
(b) Operational Security Assistance Program.--
(1) In general.--The Secretary of Homeland Security shall
award grants directly to public transportation agencies for
allowable operational security improvements based on the
priorities established under section 3303(a)(4).
(2) Allowable use of funds.--Grants awarded under paragraph
(1) may be used for--
(A) security training for public transportation
employees, including bus and rail operators, mechanics,
customer service, maintenance employees, transit
police, and security personnel;
(B) live or simulated drills;
(C) public awareness campaigns for enhanced public
transportation security;
(D) canine patrols for chemical, biological, or
explosives detection;
(E) overtime reimbursement for enhanced security
personnel during significant national and international
public events, consistent with the priorities
established under section 3303(a)(4); and
(F) other appropriate security improvements
identified under section 3303(a)(4), excluding routine,
ongoing personnel costs.
(c) Congressional Notification.--Not later than 3 days before the
award of any grant under this section, the Secretary of Homeland
Security shall notify the Committee on Banking, Housing, and Urban
Affairs of the Senate of the intent to award such grant.
(d) Public Transportation Agency Responsibilities.--Each public
transportation agency that receives a grant under this section shall--
(1) identify a security coordinator to coordinate security
improvements;
(2) develop a comprehensive plan that demonstrates the
agency's capacity for operating and maintaining the equipment
purchased under this section; and
(3) report annually to the Department of Homeland Security
on the use of grant funds received under this section.
(e) Return of Misspent Grant Funds.--If the Secretary of Homeland
Security determines that a grantee used any portion of the grant funds
received under this section for a purpose other than the allowable uses
specified for that grant under this section, the grantee shall return
any amount so used to the Treasury of the United States.
SEC. 3305. INTELLIGENCE SHARING.
(a) Intelligence Sharing.--The Secretary of Homeland Security shall
ensure that the Department of Transportation receives appropriate and
timely notification of all credible terrorist threats against public
transportation assets in the United States.
(b) Information Sharing Analysis Center.--
(1) Establishment.--The Secretary of Homeland Security
shall provide sufficient financial assistance for the
reasonable costs of the Information Sharing and Analysis Center
for Public Transportation (referred to in this subsection as
the ``ISAC'') established pursuant to Presidential Directive
63, to protect critical infrastructure.
(2) Public transportation agency participation.--The
Secretary of Homeland Security--
(A) shall require those public transportation
agencies that the Secretary determines to be at
significant risk of terrorist attack to participate in
the ISAC;
(B) shall encourage all other public transportation
agencies to participate in the ISAC; and
(C) shall not charge a fee to any public
transportation agency for participating in the ISAC.
SEC. 3306. RESEARCH, DEVELOPMENT, AND DEMONSTRATION GRANTS.
(a) Grants Authorized.--The Secretary of Homeland Security, in
consultation with the Federal Transit Administration, shall award
grants to public or private entities to conduct research into, and
demonstrate, technologies and methods to reduce and deter terrorist
threats or mitigate damages resulting from terrorist attacks against
public transportation systems.
(b) Use of Funds.--Grants awarded under subsection (a) may be used
to--
(1) research chemical, biological, radiological, or
explosive detection systems that do not significantly impede
passenger access;
(2) research imaging technologies;
(3) conduct product evaluations and testing; and
(4) research other technologies or methods for reducing or
deterring terrorist attacks against public transportation
systems, or mitigating damage from such attacks.
(c) Reporting Requirement.--Each entity that receives a grant under
this section shall report annually to the Department of Homeland
Security on the use of grant funds received under this section.
(d) Return of Misspent Grant Funds.--If the Secretary of Homeland
Security determines that a grantee used any portion of the grant funds
received under this section for a purpose other than the allowable uses
specified under subsection (b), the grantee shall return any amount so
used to the Treasury of the United States.
SEC. 3307. REPORTING REQUIREMENTS.
(a) Semi-Annual Report to Congress.--
(1) In general.--Not later than March 31 and September 30
each year, the Secretary of Homeland Security shall submit a
report, containing the information described in paragraph (2),
to--
(A) the Committee on Banking, Housing, and Urban
Affairs of the Senate;
(B) the Committee on Homeland Security and
Governmental Affairs of the Senate; and
(C) the Committee on Appropriations of the Senate.
(2) Contents.--The report submitted under paragraph (1)
shall include--
(A) a description of the implementation of the
provisions of sections 3303 through 3306;
(B) the amount of funds appropriated to carry out
the provisions of each of sections 3303 through 3306
that have not been expended or obligated; and
(C) the state of public transportation security in
the United States.
(b) Annual Report to Governors.--
(1) In general.--Not later than March 31 each year, the
Secretary of Homeland Security shall submit a report to the
Governor of each State with a public transportation agency that
has received a grant under this title.
(2) Contents.--The report submitted under paragraph (1)
shall specify--
(A) the amount of grant funds distributed to each
such public transportation agency; and
(B) the use of such grant funds.
SEC. 3308. AUTHORIZATION OF APPROPRIATIONS.
(a) Capital Security Assistance Program.--There are authorized to
be appropriated $2,370,000,000 for fiscal year 2007 to carry out the
provisions of section 3304(a), which shall remain available until
expended.
(b) Operational Security Assistance Program.--There are authorized
to be appropriated to carry out the provisions of section 3304(b)--
(1) $534,000,000 for fiscal year 2007;
(2) $333,000,000 for fiscal year 2008; and
(3) $133,000,000 for fiscal year 2009.
(c) Intelligence.--There are authorized to be appropriated such
sums as may be necessary to carry out the provisions of section 3305.
(d) Research.--There are authorized to be appropriated $130,000,000
for fiscal year 2007 to carry out the provisions of section 3306, which
shall remain available until expended.
SEC. 3309. SUNSET PROVISION.
The authority to make grants under this title shall expire on
October 1, 2010.
TITLE XXXIV--AVIATION SECURITY
SEC. 3401. INAPPLICABILITY OF LIMITATION ON EMPLOYMENT OF PERSONNEL
WITHIN TRANSPORTATION SECURITY ADMINISTRATION TO ACHIEVE
AVIATION SECURITY.
(a) In General.--Notwithstanding any other provision of law, if the
conditions set forth in subsection (b) are met, the Secretary of
Homeland Security is not required to--
(1) comply with any statutory limitation on the number of
employees in the Transportation Security Administration
(referred to in this section as the ``TSA''), whether before or
after the transfer of the TSA from the Department of
Transportation to the Department of Homeland Security; or
(2) comply with any administrative rule or regulation
imposing a limitation on the recruitment or employment of
personnel in the TSA to a maximum number of permanent
positions.
(b) Conditions.--The conditions set forth in this subsection are
met if the enforcement or compliance with a limitation, rule, or
regulation described in subsection (a) would prevent the Secretary of
Homeland Security from recruiting and employing in the TSA such
personnel as may be necessary--
(1) to provide the highest levels of aviation security; and
(2) to accomplish the objective specified in paragraph (1)
in such a manner that the average aviation security-related
delay experienced by airline passengers is reduced to less than
10 minutes.
SEC. 3402. AVIATION RESEARCH AND DEVELOPMENT FOR EXPLOSIVE DETECTION.
(a) Advanced Explosives Detection Systems.--The Secretary of
Homeland Security, through the Under Secretary for Science and
Technology and the Assistant Secretary of the Transportation Security
Administration, and in consultation with the Secretary of
Transportation, shall, in carrying out research and development on the
detection of explosive materials at airport security checkpoints, focus
on the detection of explosive materials, including liquid explosives,
in a manner that--
(1) improves the ability of airport security technologies
to determine which items could--
(A) threaten safety;
(B) be used as an explosive; or
(C) assembled into an explosive device; and
(2) results in the development of an advanced screening
technology that incorporates existing technologies into a
single screening system.
(b) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
the Secretary of Homeland Security to carry out this section--
(A) $200,000,000 for fiscal year 2008; and
(B) $250,000,000 for fiscal year 2009.
(2) Availability.--Amounts appropriated pursuant to
paragraph (1) shall remain available until expended.
SEC. 3403. AVIATION REPAIR STATION SECURITY.
(a) Certification of Foreign Repair Stations Suspension.--Beginning
on the date that is 90 days after the date of the enactment of this
Act, the Administrator of the Federal Aviation Administration may not
certify any foreign repair station under part 145 of title 14, Code of
Federal Regulations, unless the Under Secretary for Border and
Transportation Security has issued final regulations, pursuant to
section 44924(f) of title 49, United States Code, to ensure the
security of foreign and domestic aircraft repair stations.
(b) 6-Month Deadline for Security Review and Audit.--Section 44924
of title 49, United States Code, is amended by striking ``18 months''
each place it appears and inserting ``6 months''.
DIVISION E--A NEW DIRECTION IN IRAQ
TITLE XLI--UNITED STATES POLICY ON IRAQ
SEC. 4001. UNITED STATES POLICY ON IRAQ.
(a) Short Title.--This section may be cited as the ``United States
Policy on Iraq Act of 2006''.
(b) Findings.--Congress makes the following findings:
(1) Global terrorist networks, including those that
attacked the United States on September 11, 2001, continue to
threaten the national security of the United States and are
recruiting, planning, and developing capabilities to attack the
United States and its allies throughout the world.
(2) Winning the fight against terrorist networks requires
an integrated, comprehensive effort that uses all facets of
power of the United States and the members of the international
community who value democracy, freedom, and the rule of law.
(3) The United States Armed Forces, particularly the Army
and Marine Corps, are stretched thin, and many soldiers and
Marines have experienced three or more deployments to combat
zones.
(4) Sectarian violence has surpassed the insurgency and
terrorism as the main security threat in Iraq, increasing the
prospects of a broader civil war which could draw in Iraq's
neighbors.
(5) United States and coalition forces have trained and
equipped more than 129,000 Iraqi soldiers, sailors, and airmen,
and more than 165,000 Iraqi police, highway patrol, and other
Ministry of Interior forces.
(6) Of the 106 operational Iraqi Army combat battalions, 85
are either in the lead or operating independently, according to
the August 2006 report of the Administration to Congress
entitled ``Measuring Stability and Security in Iraq'';
(7) Congress expressed its sense in the National Defense
Authorization Act for Fiscal Year 2006 (119 Stat. 3466) that
``calendar year 2006 should be a period of significant
transition to full Iraqi sovereignty, with Iraqi security
forces taking the lead for the security of a free and sovereign
Iraq, thereby creating the conditions for the phased
redeployment of United States forces from Iraq''.
(8) Iraq's security forces are heavily infiltrated by
sectarian militia, which has greatly increased sectarian
tensions and impeded the development of effective security
services loyal to the Iraq Government.
(9) With the approval by the Iraqi Council of
Representatives of the ministers of defense, national security,
and the interior on June 7, 2006, the entire cabinet of Prime
Minister Maliki is now in place.
(10) Pursuant to the Iraq Constitution, the Council of
Representatives is to appoint a Panel which will have 4 months
to recommend changes to the Iraq Constitution.
(11) Despite pledges of more than $8,000,000,000 in
assistance for Iraq by foreign governments other than the
United States at the Madrid International Donors' Conference in
October 2003, only $3,500,000,000 of such assistance has been
forthcoming.
(12) The current open-ended commitment of United States
forces in Iraq is unsustainable and a deterrent to the Iraqis
making the political compromises and personnel and resource
commitments that are needed for the stability and security of
Iraq.
(c) Sense of Congress.--It is the sense of Congress that in order
to change course from an open-ended commitment and to promote the
assumption of security responsibilities by the Iraqis, thus advancing
the chances for success in Iraq--
(1) the following actions need to be taken to help achieve
the broad-based and sustainable political settlement so
essential for defeating the insurgency and preventing all-out
civil war--
(A) there must be a fair sharing of political power
and economic resources among all the Iraqi groups so as
to invest them in the formation of an Iraqi nation by
either amendments to the Iraq Constitution or by
legislation or other means, within the timeframe
provided for in the Iraq Constitution;
(B) the President should convene an international
conference so as to more actively involve the
international community and Iraq's neighbors, promote a
durable political settlement among Iraqis, reduce
regional interference in Iraq's internal affairs,
encourage more countries to contribute to Iraq's
extensive needs, and ensure that pledged funds are
forthcoming;
(C) the Iraq Government should promptly and
decisively disarm the militias and remove those members
of the Iraqi security forces whose loyalty to the Iraq
Government is in doubt; and
(D) the President should--
(i) expedite the transition of United
States forces in Iraq to a limited presence and
mission of training Iraqi security forces,
providing logistic support of Iraqi security
forces, protecting United States infrastructure
and personnel, and participating in targeted
counterterrorism activities;
(ii) after consultation with the Government
of Iraq, begin the phased redeployment of
United States forces from Iraq this year; and
(iii) submit to Congress a plan by the end
of 2006 with estimated dates for the continued
phased redeployment of United States forces
from Iraq, with the understanding that
unexpected contingencies may arise;
(2) during and after the phased redeployment of United
States forces from Iraq, the United States will need to sustain
a nonmilitary effort to actively support reconstruction,
governance, and a durable political solution in Iraq; and
(3) the President should carefully assess the impact that
ongoing United States military operations in Iraq are having on
the capability of the United States Government to conduct an
effective counterterrorism campaign to defeat the broader
global terrorist networks that threaten the United States.
SEC. 4002. SENSE OF SENATE ON NEED FOR A NEW DIRECTION IN IRAQ POLICY
AND IN THE CIVILIAN LEADERSHIP OF THE DEPARTMENT OF
DEFENSE.
(a) Findings.--The Senate makes the following findings:
(1) The Armed Forces of the United States have served
honorably and courageously in Iraq, with more than 2,600 brave
Americans having made the ultimate sacrifice and more than
20,000 wounded.
(2) The current ``stay the course'' policy in Iraq has made
America less secure, reduced the readiness of our troops, and
burdened America's taxpayers with more than $300,000,000,000 in
additional debt.
(3) With weekly attacks against American and Iraqi troops
at their highest levels since the start of the war, and
sectarian violence intensifying, it is clear that staying the
course in Iraq is not a strategy for success.
(b) Sense of Senate.--It is the sense of the Senate that--
(1) our troops deserve, and the American people expect, the
George W. Bush Administration to provide competent civilian
leadership and a true strategy for success in Iraq; and
(2) President George W. Bush needs to change course in Iraq
to provide a strategy for success, and one indication of such a
change of course would be to replace the current Secretary of
Defense.
TITLE XLII--SPECIAL COMMITTEE OF SENATE ON WAR AND RECONSTRUCTION
CONTRACTING
SEC. 4101. FINDINGS.
Congress makes the following findings:
(1) The wars in Iraq and Afghanistan have exerted very
large demands on the Treasury of the United States and required
tremendous sacrifice by the members of the Armed Forces of the
United States.
(2) Congress has a constitutional responsibility to ensure
comprehensive oversight of the expenditure of United States
Government funds.
(3) Waste and corporate abuse of United States Government
resources are particularly unacceptable and reprehensible
during times of war.
(4) The magnitude of the funds involved in the
reconstruction of Afghanistan and Iraq and the war on
terrorism, together with the speed with which these funds have
been committed, presents a challenge to the effective
performance of the traditional oversight function of Congress
and the auditing functions of the executive branch.
(5) The Senate Special Committee to Investigate the
National Defense Program, popularly know as the Truman
Committee, which was established during World War II, offers a
constructive precedent for bipartisan oversight of wartime
contracting that can also be extended to wartime and postwar
reconstruction activities.
(6) The Truman Committee is credited with an extremely
successful investigative effort, performance of a significant
public education role, and achievement of fiscal savings
measured in the billions of dollars.
(7) The public has a right to expect that taxpayer
resources will be carefully disbursed and honestly spent.
SEC. 4102. SPECIAL COMMITTEE ON WAR AND RECONSTRUCTION CONTRACTING.
There is established a special committee of the Senate to be known
as the Special Committee on War and Reconstruction Contracting
(hereafter in this title referred to as the ``Special Committee'').
SEC. 4103. PURPOSE AND DUTIES.
(a) Purpose.--The purpose of the Special Committee is to
investigate the awarding and performance of contracts to conduct
military, security, and reconstruction activities in Afghanistan and
Iraq and to support the prosecution of the war on terrorism.
(b) Duties.--The Special Committee shall examine the contracting
actions described in subsection (a) and report on such actions, in
accordance with this section, regarding--
(1) bidding, contracting, accounting, and auditing
standards for Federal Government contracts;
(2) methods of contracting, including sole-source contracts
and limited competition or noncompetitive contracts;
(3) subcontracting under large, comprehensive contracts;
(4) oversight procedures;
(5) consequences of cost-plus and fixed price contracting;
(6) allegations of wasteful and fraudulent practices;
(7) accountability of contractors and Government officials
involved in procurement and contracting;
(8) penalties for violations of law and abuses in the
awarding and performance of Government contracts; and
(9) lessons learned from the contracting process used in
Iraq and Afghanistan and in connection with the war on
terrorism with respect to the structure, coordination,
management policies, and procedures of the Federal Government.
(c) Investigation of Wasteful and Fraudulent Practices.--The
investigation by the Special Committee of allegations of wasteful and
fraudulent practices under subsection (b)(6) shall include
investigation of allegations regarding any contract or spending entered
into, supervised by, or otherwise involving the Coalition Provisional
Authority, regardless of whether or not such contract or spending
involved appropriated funds of the United States.
(d) Evidence Considered.--In carrying out its duties, the Special
Committee shall ascertain and evaluate the evidence developed by all
relevant governmental agencies regarding the facts and circumstances
relevant to contracts described in subsection (a) and any contract or
spending covered by subsection (c).
SEC. 4104. COMPOSITION OF SPECIAL COMMITTEE.
(a) Membership.--
(1) In general.--The Special Committee shall consist of 7
members of the Senate of whom--
(A) 4 members shall be appointed by the President
pro tempore of the Senate, in consultation with the
majority leader of the Senate; and
(B) 3 members shall be appointed by the minority
leader of the Senate.
(2) Date.--The appointments of the members of the Special
Committee shall be made not later than 90 days after the date
of the enactment of this Act.
(b) Vacancies.--Any vacancy in the Special Committee shall not
affect its powers, but shall be filled in the same manner as the
original appointment.
(c) Service.--Service of a Senator as a member, chairman, or
ranking member of the Special Committee shall not be taken into account
for the purposes of paragraph (4) of rule XXV of the Standing Rules of
the Senate.
(d) Chairman and Ranking Member.--The chairman of the Special
Committee shall be designated by the majority leader of the Senate, and
the ranking member of the Special Committee shall be designated by the
minority leader of the Senate.
(e) Quorum.--
(1) Reports and recommendations.--A majority of the members
of the Special Committee shall constitute a quorum for the
purpose of reporting a matter or recommendation to the Senate.
(2) Testimony.--One member of the Special Committee shall
constitute a quorum for the purpose of taking testimony.
(3) Other business.--A majority of the members of the
Special Committee, or \1/3\ of the members of the Special
Committee if at least one member of the minority party is
present, shall constitute a quorum for the purpose of
conducting any other business of the Special Committee.
SEC. 4105. RULES AND PROCEDURES.
(a) Governance Under Standing Rules of Senate.--Except as otherwise
specifically provided in this subtitle, the investigation, study, and
hearings conducted by the Special Committee shall be governed by the
Standing Rules of the Senate.
(b) Additional Rules and Procedures.--The Special Committee may
adopt additional rules or procedures if the chairman and ranking member
agree that such additional rules or procedures are necessary to enable
the Special Committee to conduct the investigation, study, and hearings
authorized by this resolution. Any such additional rules and
procedures--
(1) shall not be inconsistent with this resolution or the
Standing Rules of the Senate; and
(2) shall become effective upon publication in the
Congressional Record.
SEC. 4106. AUTHORITY OF SPECIAL COMMITTEE.
(a) In General.--The Special Committee may exercise all of the
powers and responsibilities of a committee under rule XXVI of the
Standing Rules of the Senate.
(b) Hearings.--The Special Committee or, at its direction, any
subcommittee or member of the Special Committee, may, for the purpose
of carrying out this resolution--
(1) hold such hearings, sit and act at such times and
places, take such testimony, receive such evidence, and
administer such oaths as the Special Committee or such
subcommittee or member considers advisable; and
(2) require, by subpoena or otherwise, the attendance and
testimony of such witnesses and the production of such books,
records, correspondence, memoranda, papers, documents, tapes,
and materials as the Special Committee considers advisable.
(c) Issuance and Enforcement of Subpoenas.--
(1) Issuance.--Subpoenas issued under subsection (b) shall
bear the signature of the Chairman of the Special Committee and
shall be served by any person or class of persons designated by
the Chairman for that purpose.
(2) Enforcement.--In the case of contumacy or failure to
obey a subpoena issued under subsection (a), the United States
district court for the judicial district in which the
subpoenaed person resides, is served, or may be found may issue
an order requiring such person to appear at any designated
place to testify or to produce documentary or other evidence.
Any failure to obey the order of the court may be punished by
the court as a contempt of that court.
(d) Meetings.--The Special Committee may sit and act at any time or
place during sessions, recesses, and adjournment periods of the Senate.
SEC. 4107. REPORTS.
(a) Initial Report.--The Special Committee shall submit to the
Senate a report on the investigation conducted pursuant to section 4103
not later than 270 days after the appointment of the Special Committee
members.
(b) Updated Report.--The Special Committee shall submit an updated
report on such investigation not later than 180 days after the
submission of the report under subsection (a).
(c) Additional Reports.--The Special Committee may submit any
additional report or reports that the Special Committee considers
appropriate.
(d) Findings and Recommendations.--The reports under this section
shall include findings and recommendations of the Special Committee
regarding the matters considered under section 4103.
(e) Disposition of Reports.--Any report made by the Special
Committee when the Senate is not in session shall be submitted to the
Clerk of the Senate. Any report made by the Special Committee shall be
referred to the committee or committees that have jurisdiction over the
subject matter of the report.
SEC. 4108. ADMINISTRATIVE PROVISIONS.
(a) Staff.--
(1) In general.--The Special Committee may employ in
accordance with paragraph (2) a staff composed of such
clerical, investigatory, legal, technical, and other personnel
as the Special Committee, or the chairman or the ranking
member, considers necessary or appropriate.
(2) Appointment of staff.--
(A) In general.--The Special Committee shall
appoint a staff for the majority, a staff for the
minority, and a nondesignated staff.
(B) Majority staff.--The majority staff shall be
appointed, and may be removed, by the chairman and
shall work under the general supervision and direction
of the chairman.
(C) Minority staff.--The minority staff shall be
appointed, and may be removed, by the ranking member of
the Special Committee, and shall work under the general
supervision and direction of such member.
(D) Nondesignated staff.--Nondesignated staff shall
be appointed, and may be removed, jointly by the
chairman and the ranking member, and shall work under
the joint general supervision and direction of the
chairman and ranking member.
(b) Compensation.--
(1) Majority staff.--The chairman shall fix the
compensation of all personnel of the majority staff of the
Special Committee.
(2) Minority staff.--The ranking member shall fix the
compensation of all personnel of the minority staff of the
Special Committee.
(3) Nondesignated staff.--The chairman and ranking member
shall jointly fix the compensation of all nondesignated staff
of the Special Committee, within the budget approved for such
purposes for the Special Committee.
(c) Reimbursement of Expenses.--The Special Committee may reimburse
the members of its staff for travel, subsistence, and other necessary
expenses incurred by such staff members in the performance of their
functions for the Special Committee.
(d) Payment of Expenses.--There shall be paid out of the applicable
accounts of the Senate such sums as may be necessary for the expenses
of the Special Committee. Such payments shall be made on vouchers
signed by the chairman of the Special Committee and approved in the
manner directed by the Committee on Rules and Administration of the
Senate. Amounts made available under this subsection shall be expended
in accordance with regulations prescribed by the Committee on Rules and
Administration of the Senate.
SEC. 4109. TERMINATION.
The Special Committee shall terminate on July 1, 2008.
SEC. 4110. SENSE OF SENATE ON CERTAIN CLAIMS REGARDING THE COALITION
PROVISIONAL AUTHORITY.
It is the sense of the Senate that any claim of fraud, waste, or
abuse under the False Claims Act that involves any contract or spending
by the Coalition Provisional Authority should be considered a claim
against the United States Government.
Calendar No. 598
109th CONGRESS
2d Session
S. 3875
_______________________________________________________________________
A BILL
To provide real national security, restore United States leadership,
and implement tough and smart policies to win the war on terror, and
for other purposes.
_______________________________________________________________________
September 8, 2006
Read the second time and placed on the calendar