[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