[Congressional Record Volume 152, Number 109 (Thursday, September 7, 2006)]
[Senate]
[Pages S9113-S9191]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. FRIST (for himself, Mr. McConnell, and Mr. Inhofe):
  S. 3861. A bill to facilitate bringing to justice terrorists and 
other unlawful enemy combatants through full and fair trials by 
military commissions, and for other purposes; read the first time.
  Mr. FRIST. I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 3861

       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 ``Bringing Terrorists to 
     Justice Act of 2006''.

     SEC. 2. FINDINGS.

       Congress makes the following findings:
       (1) For more than 10 years, the al Qaeda terrorist 
     organization has waged an unlawful war of violence and terror 
     against the United States and its allies. Al Qaeda was 
     involved in the bombing of the World Trade Center in New York 
     City in 1993, the bombing of the United States Embassies in 
     Kenya and Tanzania in 1998, and the attack on the U.S.S. Cole 
     in Yemen in 2000. On September 11, 2001, al Qaeda launched 
     the most deadly foreign attack on United States soil in 
     history. Nineteen al Qaeda operatives hijacked four 
     commercial aircraft and piloted them into the World Trade 
     Center Towers in New York City and the headquarters of the 
     United States Department of Defense at the Pentagon, and 
     downed United Airlines Flight 93. The attack destroyed the 
     Towers, severely damaged the Pentagon, and resulted in the 
     deaths of approximately 3,000 innocent people.
       (2) Following the attacks on the United States on September 
     11th, Congress recognized the existing hostilities with al 
     Qaeda and affiliated terrorist organizations and, by the 
     Authorization for the Use of Military Force Joint Resolution 
     (Public Law 107-40), recognized that ``the President has 
     authority under the Constitution to take action to deter and 
     prevent acts of international terrorism against the United 
     States'' and authorized the President ``to use all necessary 
     and appropriate force against those nations, organizations, 
     or persons he determines planned, authorized, committed, or 
     aided the terrorist attacks that occurred on September 11, 
     2001 . . . in order to prevent any future acts of 
     international terrorism against the United States by such 
     nations, organizations or persons.''
       (3) The President's authority to convene military 
     commissions arises from the Constitution's vesting in the 
     President of the executive power and the power of Commander 
     in Chief of the Armed Forces. As the Supreme Court of the 
     United States recognized in Madsen v. Kinsella, 343 U.S. 341, 
     346-48 (1952), ``[s]ince our nation's earliest days, such 
     commissions have been constitutionally recognized agencies 
     for meeting many urgent governmental responsibilities related 
     to war. . . . They have taken many forms and borne many 
     names. Neither their procedure nor their jurisdiction has 
     been prescribed by statute. It has been adapted in each 
     instance to the need that called it forth.''
       (4) In exercising the authority vested in the President by 
     the Constitution and laws of the United States, including the 
     Authorization for Use of Military Force Joint Resolution, and 
     in accordance with the law of war, the President has detained 
     enemy combatants in the course of this armed conflict and 
     issued the Military Order of November 13, 2001, to govern 
     the ``Detention, Treatment, and Trial of Certain Non-
     Citizens in the War Against Terrorism.'' This Order 
     authorized the Secretary of Defense to establish military 
     commissions to try individuals subject to the Order for 
     any offenses triable by military commission that such 
     individuals are alleged to have committed.
       (5) The Supreme Court in Hamdan v. Rumsfeld, 126 S. Ct. 
     2749 (2006), held that the military commissions established 
     by the Department of Defense under the President's Military 
     Order of November 13, 2001, were not consistent with certain 
     aspects of United States domestic law. The Congress may by 
     law, and does by enactment of this statute, eliminate any 
     deficiency of statutory authority to facilitate bringing 
     terrorists with whom the United States is engaged in armed 
     conflict to justice for violations of the law of war and 
     other offenses triable by military commissions. The 
     prosecution of such individuals by military commissions 
     established and conducted consistent with this Act fully 
     complies with the Constitution, the laws of the United 
     States, treaties to which the United States is a party, and 
     the law of war.
       (6) The use of military commissions is particularly 
     important in this context because other alternatives, such as 
     the use of courts-martial, generally are impracticable. The 
     terrorists with whom the United States is engaged in armed 
     conflict have demonstrated a commitment to the destruction of 
     the United States and its people, to the violation of the law 
     of war, and to the abuse of American legal processes. In a 
     time of ongoing armed conflict, it generally is neither 
     practicable nor appropriate for combatants like al Qaeda 
     terrorists to be tried before tribunals that include all of 
     the procedures associated with courts-martial.
       (7) Many procedures for courts-martial would not be 
     practicable in trying the unlawful enemy combatants for whom 
     this Act provides for trial by military commission. For 
     instance, court martial proceedings would in certain 
     circumstances--
       (A) compel the Government to share classified information 
     with the accused, even though members of al Qaeda cannot be 
     trusted with our Nation's secrets and it would not be 
     consistent with the national security of the United States to 
     provide them with access to classified information;
       (B) exclude the use of hearsay evidence even though such 
     evidence often will be the best and most reliable evidence 
     that the accused has committed a war crime. For example, many 
     witnesses in military commission trials are likely to be 
     foreign nationals who are not amenable to process or may be 
     precluded for national security reasons from entering the 
     United States or Guantanamo Bay to testify. Other witnesses 
     may be unavailable because of military necessity, 
     incarceration, injury, or death. In short, applying the 
     hearsay rules from the Manual for Courts-Martial or from the 
     Federal Rules of Evidence would make it virtually impossible 
     to bring terrorists to justice for their violations of the 
     law of war;
       (C) specify speedy trials and technical rules for sworn and 
     authenticated statements when, due to the exigencies of 
     wartime, the United States cannot safely require members of 
     the armed forces to gather evidence on the battlefield, 
     including civilian eyewitness testimony, as though they 
     were police officers. Nor can the United States divert 
     members from the front lines and their duty stations to 
     attend military commission proceedings. Therefore, strict 
     compliance with such rules for evidence gathered on the 
     battlefield would be impracticable, given the preeminent 
     focus on military operations and the chaotic nature of 
     combat.
       (8) The exclusive judicial review for which this Act, and 
     the Detainee Treatment Act of 2005, provides is without 
     precedent in the history of armed conflicts involving the 
     United States, exceeds the scope of judicial review 
     historically provided for by military commissions, and is 
     channeled in a manner appropriately tailored to--
       (A) the circumstances of the conflicts between the United 
     States and international terrorist organizations; and
       (B) the need to ensure fair treatment of those detained as 
     enemy combatants, to minimize the diversion of members of the 
     armed forces from other wartime duties, and to protect the 
     national security of the United States.
       (9) In early 2002, as memorialized in a memorandum dated 
     February 7, 2002, the President determined that common 
     Article 3 of the Geneva Conventions did not apply

[[Page S9114]]

     with respect to the United States conflict with al Qaeda 
     because al Qaeda was not a party to those treaties and the 
     conflict with al Qaeda was an armed conflict of an 
     international character. That was the interpretation of the 
     United States prior to the Supreme Court's decision in Hamdan 
     on June 29, 2006. Hamdan's statement to the contrary makes it 
     appropriate to clarify the standards imposed by common 
     Article 3. This Act makes clear that the prohibitions against 
     cruel, inhuman, and degrading treatment found in the Detainee 
     Treatment Act of 2005 fully satisfy the obligations of the 
     United States with respect to the standards for detention and 
     treatment established by section 1 of common Article 3, 
     except for those obligations arising under paragraphs (b) and 
     (d). In addition, the Act makes clear that the Geneva 
     Conventions are not a source of judicially enforceable 
     individual rights, thereby reaffirming that enforcement of 
     the obligations imposed by the Conventions is a matter 
     between the nations that are parties to them.

     SEC. 3. AUTHORIZATION FOR MILITARY COMMISSIONS.

       (a) In General.--The President is authorized to establish 
     military commissions for violations of the law of war and 
     other offenses triable by military commissions as provided in 
     section 4 of this Act (chapter 47A of title 10).
       (b) Construction.--The authority granted in subsection (a) 
     shall not be construed to limit the authority of the 
     President under the Constitution of the United States or the 
     laws thereof to establish military commissions on the 
     battlefield, in occupied territories, or in other armed 
     conflicts should circumstances so require.
       (c) Scope of Punishment Authority.--A military commission 
     established pursuant to subsection (a) shall have authority 
     to impose upon any person found guilty after a proceeding 
     under this Act a sentence that is appropriate to the offense 
     or offenses for which there was a finding of guilt, which 
     sentence may include death where authorized by this Act, 
     imprisonment for life or a term of years, payment of a fine 
     or restitution, or such other lawful punishment or condition 
     of punishment as the commission shall determine to be proper.
       (d) Execution of Punishment.--The Secretary of Defense 
     shall be authorized to carry out a sentence of punishment 
     decreed by a military commission pursuant to subsection (a) 
     in accordance with such procedures as the Secretary may 
     prescribe.
       (e) Annual Report on Trials by Military Commission.--
       (1) Annual report required.--Not later than December 31 
     each year, the Secretary of Defense shall submit to the Armed 
     Services Committees of the House of Representatives and the 
     Senate an annual report on the conduct of trials by military 
     commissions established pursuant to sub-section (a) during 
     such year.
       (2) Form.--Each such report shall be submitted in 
     unclassified form, with classified annex, if necessary and 
     consistent with national security.

     SEC. 4. MILITRY COMMISSIONS

       (a) Military Commissions.--
       (1) In general.--Subtitle A of title 10, United States 
     Code, is amended by inserting after chapter 47 the following 
     new chapter:

                  ``CHAPTER 47A--MILITARY COMMISSIONS

                   ``SUBCHAPTER I--GENERAL PROVISIONS

``Sec.
``948a. Definitions.
``948b. Military commissions generally.
``948c. Persons subject to military commissions.
``948d. Jurisdiction of military commissions.

     ``Sec. 948a. Definitions

       ``In this chapter:
       ``(1) Alien.--The term `alien' means an individual who is 
     not a citizen of the United States.
       ``(2) Classified information.--The term `classified 
     information' means the following--
       ``(A) Any information or material that has been determined 
     by the United States Government pursuant to statute, 
     Executive order, or regulation to require protection against 
     unauthorized disclosure for reasons of national security.
       ``(B) Any restricted data, as that term is defined in 
     section 11 y. of the Atomic Energy Act of 1954 (42 U.S.C. 
     2014(y)).
       ``(3) Commission.--The term `commission' means a military 
     commission established pursuant to chapter 47A of title 10, 
     United States Code.
       ``(4) Convening authority.--The term `convening authority' 
     shall be the Secretary of Defense or his designee.
       ``(5) Lawful enemy combatant.--The term `lawful enemy 
     combatant' means an individual determined by or under the 
     authority of the President or Secretary of Defense (whether 
     on an individualized or collective basis) to be: (i) a member 
     of the regular forces of a State party engaged in hostilities 
     against the United States or its co-belligerents; (ii) a 
     member of a militia, volunteer corps, or organized resistance 
     movement belonging to a State party engaged in such 
     hostilities, which are under responsible command, wear a 
     fixed distinctive sign recognizable at a distance, carry 
     their arms openly, and abide by the law of war; or (iii) a 
     member of a regular armed forces who professes allegiance to 
     a government engaged in such hostilities, but not recognized 
     by the United States.
       ``(6) Secretary.--The term `Secretary' means the Secretary 
     of Defense.
       ``(7) Unlawful enemy combatant.--The term `unlawful enemy 
     combatant' means an individual determined by or under the 
     authority of the President or the Secretary of Defense--
       ``(A) to be part of or affiliated with a force or 
     organization--including but not limited to al Qaeda, the 
     Taliban, any international terrorist organization, or 
     associated forces--engaged in hostilities against the United 
     States or its co-belligerents; in violation of the law of 
     war;
       ``(B) to have committed a hostile act in aid of such a 
     force or organization so engaged; or
       ``(C) to have supported hostilities in aid of such a force 
     or organization so engaged.
       ``This definition includes any individual determined by a 
     Combatant Status Review Tribunal, before the effective date 
     of this Act, to have been properly detained as an enemy 
     combatant, but excludes any alien determined by the President 
     or the Secretary of Defense (whether on an individualized or 
     collective basis), or by any competent tribunal established 
     under their authority, to be (i) a lawful enemy combatant 
     (including a prisoner of war), or (ii) a protected person 
     whose trial by these military commissions would be 
     inconsistent with Articles 64-76 of the Geneva Convention 
     Relative to the Protection of Civilian Persons in Time of War 
     of August 12, 1949. For purposes of this section, the term 
     ``protected person'' refers to the category of persons 
     described in Article 4 of the Geneva Convention Relative to 
     the Protection of Civilian Persons in Time of War of August 
     12, 1949.
       ``(6) Geneva conventions.--The term `Geneva Conventions' 
     means the international conventions signed at Geneva on 
     August 12, 1949, including common Article 3.

     ``Sec. 948b. Military commissions generally

       ``(a) Purpose.--This chapter codifies and establishes 
     procedures governing the use of military commissions to try 
     unlawful enemy combatants for violations of the law of war 
     and other offenses triable by military commissions. Although 
     military commissions traditionally have been constituted by 
     order of the President, the decision of the Supreme Court in 
     Hamdan v. Rumsfeld makes it both necessary and appropriate to 
     codify procedures for military commissions as set forth 
     herein.
       ``(b) Rule of Construction.--The procedures for military 
     commissions set forth in this chapter are modeled after the 
     procedures established for courts-martial in the Uniform Code 
     of Military Justice. However, it would be neither desirable 
     nor practicable to try unlawful enemy combatants by court-
     martial procedures. The trial of such persons by military 
     commission presents new challenges that require that 
     interpretations of this Act not be unduly influenced by the 
     rules and procedures developed for courts-martial. Therefore, 
     no construction or application of chapter 47 of this title 
     shall be binding in the construction or application of this 
     chapter.
       ``(c) Alien unlawful enemy combatants may be tried for 
     violations of the law of war and other offenses triable by 
     military commissions committed against the United States or 
     its co-belligerents before, on, or after September 11, 2001.
       ``(d) A military commission established under this chapter 
     is a regularly constituted court, affording all the necessary 
     `judicial guarantees which are recognized as indispensable by 
     civilized peoples' for purposes of common Article 3 of the 
     Geneva Conventions.

     ``Sec. 948c. Persons subject to military commissions

       ``Alien unlawful enemy combatants, as defined in section 
     948a of this title, shall be subject to trial by military 
     commissions as set forth in this chapter.

     ``Sec. 948d. Jurisdiction of military commissions

       ``(a) Military commissions shall have jurisdiction to try 
     any offense made punishable under this chapter, when 
     committed by an alien unlawful enemy combatant. Military 
     commissions shall not have jurisdiction over lawful enemy 
     combatants. Lawful enemy combatants who violate the law of 
     war are subject to chapter 47 of Title 10, United States 
     Code. Courts-martial established under chapter 47 shall have 
     jurisdiction to try a lawful enemy combatant for any 
     offense made punishable under this chapter.
       ``(b) Military commissions shall not have jurisdiction over 
     any individual determined by the President or the Secretary 
     of Defense (whether on an individualized or collective 
     basis), or by any competent tribunal established under their 
     authority, to be a ``protected person'' whose trial by these 
     military commissions would be inconsistent with Articles 64-
     76 of the Geneva Convention Relative to the Protection of 
     Civilian Persons in Time of War of August 12, 1949. Such 
     persons shall be tried in courts-martial or other tribunals 
     consistent with their status under the Geneva Conventions. 
     For purposes of this section, the term ``protected person'' 
     refers to the category of persons described in Article 4 of 
     the Geneva Convention Relative to the Protected of Civilian 
     Persons in Time of War of August 12, 1949.
       ``(c) Military commissions may, under such limitations as 
     the Secretary of Defense may prescribe, adjudge any 
     punishment not forbidden by this chapter, including the 
     penalty of death where authorized by this chapter.

          ``SUBCHAPTER II--COMPOSITION OF MILITARY COMMISSIONS

``Sec.
``948h. Who may convene military commissions.

[[Page S9115]]

``948i. Who may serve on military commissions.
``948j. Military judge of a military commission.
``948k. Detail of trial counsel and defense counsel.
``948l. Detail or employment of reporters and interpreters.
``948m. Number of members; excuse of members; absent and additional 
              members.

     ``Sec. 948h. Who may convene military commissions

       ``(a) The Secretary may issue orders convening military 
     commissions to try individuals under this chapter.
       ``(b) The Secretary may delegate his authority to convene 
     military commissions or to promulgate any regulations under 
     this chapter.

     ``Sec. 948i. Who may serve on military commissions

       ``(a) In General.--Any commissioned officer of the United 
     States armed forces on active duty is eligible to serve on a 
     military commission. Eligible commissioned officers shall 
     include, without limitation, reserve personnel on active 
     duty, National Guard personnel on active duty in Federal 
     service, and retired personnel recalled to active duty.
       ``(b) Detail of Members.--When convening a commission, the 
     convening authority shall detail as members thereof such 
     members of the armed forces as, in his opinion, are fully 
     qualified for the duty by reason of age, education, training, 
     experience, length of service, and judicial temperament. No 
     member of an armed force shall be eligible to serve as a 
     member of a commission when he is the accuser or a witness 
     for the prosecution or has acted as an investigator or 
     counsel in the same case.
       ``(c) Excuse of Members.--Before a commission is assembled 
     for the trial of a case, the convening authority may excuse a 
     member of the commission from participating in the case.

     ``Sec. 948j. Military judge of a military commission

       ``(a) Detail of a Military Judge.--A military judge shall 
     be detailed to each commission. The Secretary shall prescribe 
     regulations providing for the manner in which military judges 
     are detailed to such commissions. The military judge shall 
     preside over each commission to which he has been detailed. 
     The convening authority shall not prepare or review any 
     report concerning the effectiveness, fitness, or efficiency 
     of the military judge so detailed relating to his performance 
     duty as a military judge.
       ``(b) Eligibility.--A military judge shall be a 
     commissioned officer of the armed forces who is a member of 
     the bar of a Federal court or a member of the bar of the 
     highest court of a State, and who is certified to be 
     qualified for duty as a military judge by the Judge Advocate 
     General of the armed force of which such military judge is a 
     member. A commissioned officer who is certified to be 
     qualified for duty as a military judge of a commission may 
     perform such other duties as are assigned to him by or 
     with the approval of that Judge Advocate General or his 
     designee.
       ``(c) Ineligibility of Certain Individuals.--No person is 
     eligible to act as military judge in any case in which he is 
     the accuser or a witness or has acted as investigator or a 
     counsel in the same case.
       ``(d) Consultation with Members; Ineligibility To Vote.--
     Except as provided in section 949d of this title, the 
     military judge detailed to the commission may not consult 
     with the members of the commission except in the presence of 
     the accused, trial counsel, and defense counsel, nor may he 
     vote with the members of the commission.

     ``Sec. 948k. Detail of trial counsel and defense counsel

       ``(a) Detail of Counsel Generally.--
       ``(1) Trial counsel and military defense counsel shall be 
     detailed for each commission.
       ``(2) Assistant trial counsel and assistant and associate 
     military defense counsel may be detailed for each commission.
       ``(3) Military defense counsel shall be detailed as soon as 
     practicable after the swearing of charges against the person 
     accused.
       ``(4) The Secretary shall prescribe regulations providing 
     for the manner in which counsel are detailed for military 
     commissions and for the persons who are authorized to detail 
     counsel for such military commissions.
       ``(b) Trial Counsel.--Subject to subsection (d), trial 
     counsel detailed for a military commission under this chapter 
     must be--
       ``(1) a judge advocate (as that term is defined in section 
     801 of this title) who is--
       ``(A) a graduate of an accredited law school or is a member 
     of the bar of a Federal court or of the highest court of a 
     State; and
       ``(B) certified as competent to perform duties as trial 
     counsel before general courts-martial by the Judge Advocate 
     General of the armed force of which he is a member; or
       ``(2) a civilian who is--
       ``(A) a member of the bar of a Federal court or of the 
     highest court of a State; and
       ``(B) otherwise qualified to practice before the commission 
     pursuant to regulations prescribed by the Secretary.
       ``(c) Military Defense Counsel.--Subject to subsection (d), 
     military defense counsel detailed for a military commission 
     under this chapter must be a judge advocate (as so defined) 
     who is--
       ``(1) a graduate of an accredited law school or a member of 
     the bar of a Federal court or of the highest court of a 
     State; and
       ``(2) certified as competent to perform duties as defense 
     counsel before general courts-martial by the Judge Advocate 
     General of the armed force of which he is a member.
       ``(d) Ineligibility of Certain Individuals.--No person who 
     has acted as an investigator, military judge, or member of a 
     military commission under this chapter may act later as trial 
     counselor or defense counsel in the same case. No person who 
     has acted for the prosecution may act later in the same case 
     for the defense, nor may any person who has acted for the 
     defense act later in the same case for the prosecution.

     ``Sec. 948l. Detail or employment of reporters and 
       interpreters

       ``(a) Court Reporters.--Under such regulations as the 
     Secretary may prescribe, the convening authority of a 
     military commission shall detail or employ qualified court 
     reporters, who shall record the proceedings of and testimony 
     taken before that commission.
       ``(b) Interpreters.--Under like regulations the convening 
     authority may detail or employ interpreters who shall 
     interpret for the commission, and, as necessary, for trial 
     counsel and defense counsel.
       ``(c) Transcript; Record.--The transcript shall be under 
     the control of the convening authority, which is responsible 
     for preparing the record of the proceedings.

     ``Sec. 948m. Number of members; excuse of members; absent and 
       additional members

       ``(a) Number of Members.--A military commission under this 
     chapter shall, except as provided in paragraph (2), have at 
     least five members.
       ``(2) In a case in which the death penalty is sought, the 
     military commission shall have the number of members 
     prescribed by section 949m(c) of this title.
       ``(b) Excuse of Members.--No member of a military 
     commission may be absent or excused after the commission has 
     been assembled for the trial of the accused unless excused--
       ``(1) as a result of challenge;
       ``(2) by the military judge for physical disability or 
     other good cause; or
       ``(3) by order of the convening authority for good cause.
       ``(c) Absent and Additional Members.--Whenever a military 
     commission is reduced below the requisite number of members, 
     the trial may not proceed unless the convening authority 
     details new members sufficient to provide not less than the 
     requisite number. The trial may proceed with the new members 
     present after the recorded evidence previously introduced 
     before the members of the commission has been read to the 
     commission in the presence of the military judge, the accused 
     (except as provided by section 949d of this title), and 
     counsel for both sides.

                 ``SUBCHAPTER III--PRE-TRIAL PROCEDURE

``Sec.
``948q. Charges and specifications.
``948r. Compulsory self-incrimination prohibited; statements obtained 
              by torture.
``948s. Service of charges.

     ``Sec. 948q. Charges and specifications

       ``(a) Charges and Specifications.--Charges and 
     specifications against an accused shall be signed by a person 
     subject to chapter 47 of this title under oath before a 
     commissioned officer of the armed forces authorized to 
     administer oaths and shall state--
       ``(1) that the signer has personal knowledge of, or reason 
     to believe, the matters set forth therein; and
       ``(2) that they are true in fact to the best of his 
     knowledge and belief.
       ``(b) Notice to Accused.-- Upon the swearing of the charges 
     and specifications in accordance with subsection (a), the 
     accused shall be informed of the charges and specifications 
     against him as soon as practicable.

     Sec. 948r. Compulsory self-incrimination prohibited; 
       statements obtained by torture

       ``(a) In General.--No person shall be required to testify 
     against himself at a commission proceeding.
       ``(b) Statements Obtained by Torture.--A statement obtained 
     by use of torture, as defined in 18 U.S.C. Sec. 2340, whether 
     or not under color of law, shall not be admissible against 
     the accused, except against a person accused of torture as 
     evidence the statement was made.
       ``(c) Statements Not Obtained by Torture.--No otherwise 
     admissible statement may be received in evidence, including 
     statements allegedly obtained by coercion, if the military 
     judge finds that the circumstances under which the statement 
     was made render it unreliable or lacking in probative value.

     ``Sec. 948s. Service of charges

       ``The trial counsel assigned to the case shall cause to be 
     served upon the accused and counsel a copy of the charges 
     upon which trial is to be had in English and, if appropriate, 
     in another language that the accused 
     understands, sufficiently in advance of trial to prepare a 
     defense.

                    ``SUBCHAPTER IV--TRIAL PROCEDURE

``Sec.
``949a. Rules.
``949b. Unlawfully influencing action of military commission.
``949c. Duties of trial counsel and defense counsel.

[[Page S9116]]

``949d. Sessions.
``949e. Continuances.
``949f. Challenges.
``949g. Oaths.
``949h. Former jeopardy.
``949i. Pleas of the accused.
``949j. Opportunity to obtain witnesses and other evidence.
``949k. Defense of lack of mental responsibility.
``949l. Voting and rulings.
``949m. Number of votes required.
``949n. Military commission to announce action.
``949o. Record of trial.

     ``Sec. 949a. Rules

       ``(a) Procedures.--Pretrial, trial, and post-trial 
     procedures, including elements and modes of proof, for cases 
     triable by military commission under this chapter shall be 
     prescribed by the Secretary, but may not be contrary to or 
     inconsistent with this chapter.
       ``(b) Rules of Evidence.--Subject to such exceptions and 
     limitations as the Secretary may provide by regulation, 
     evidence in a military commission shall be admissible if the 
     military judge determines that the evidence would have 
     probative value to a reasonable person.
       ``(c) Hearsay Evidence.--Hearsay evidence is admissible, 
     unless the military judge finds that the circumstances render 
     it unreliable or lacking in probative value, provided that 
     the proponent of the evidence makes the evidence known to the 
     adverse party in advance of trial or hearing.
       ``The military judge shall exclude any evidence the 
     probative value of which is substantially outweighed by the 
     danger of unfair prejudice, confusion of the issues, or 
     misleading the members of the commission, or by 
     considerations of undue delay, waste of time, or needless 
     presentation of cumulative evidence.

     ``Sec. 949b. Unlawfully influencing action of military 
       commission

       ``(a) In General.--(1) No authority convening a military 
     commission under this chapter may censure, reprimand, or 
     admonish the commission or any member, military judge, or 
     counsel thereof, with respect to the findings or sentence 
     adjudged by the commission, or with respect to any other 
     exercises of its or his functions in the conduct of the 
     proceedings.
       ``(2) No person may attempt to coerce or, by any 
     unauthorized means, influence the action of a commission or 
     any member thereof, in reaching the findings or sentence in 
     any case, or the action of any convening, approving, or 
     reviewing authority with respect to his judicial acts.
       ``(3) The foregoing provisions of this subsection shall not 
     apply with respect to--
       ``(A) general instructional or informational courses in 
     military justice if such courses are designed solely for the 
     purpose of instructing members of a command in the 
     substantive and procedural aspects of military commissions; 
     or
       ``(B) statements and instructions given in open proceedings 
     by the military judge or counsel.
       ``(b) Prohibition on Consideration of Actions on Commission 
     in Evaluation of Fitness.--In the preparation of an 
     effectiveness, fitness, or efficiency report or any other 
     report or document used in whole or in part for the purpose 
     of determining whether a commissioned officer of the armed 
     forces is qualified to be advanced, in grade, or in 
     determining the assignment or transfer of any such officer or 
     in determining whether any such officer should be retained on 
     active duty, no person may--
       ``(1) consider or evaluate the performance of duty of any 
     member of a military commission under this chapter; or
       ``(2) give a less favorable rating or evaluation to any 
     commissioned officer because of the zeal with which such 
     officer, in acting as counsel, represented any accused before 
     a military commission under this chapter.

     ``Sec. 949c. Duties of trial counsel and defense counsel

       ``(a) Trial Counsel.--The trial counsel of a military 
     commission shall prosecute in the name of the United States.
       ``(b) Defense Counsel.--(1) The accused shall be 
     represented in his defense before a military commission as 
     provided in this subsection.
       ``(2) The accused shall be represented by military counsel 
     detailed under section 948k of this title.
       ``(3) The accused may be represented by civilian counsel if 
     retained by him, provided that civilian counsel--
       ``(A) is a United States citizen;
       ``(B) is admitted to the practice of law in a State, 
     district, territory, or possession of the United States, or 
     before a Federal court;
       ``(C) has not been the subject of any sanction of 
     disciplinary action by any court, bar, or other competent 
     governmental authority for relevant misconduct;
       ``(D) has been determined to be eligible for access to 
     information classified at the level Secret or higher; and
       ``(E) has signed a written agreement to comply with all 
     applicable regulations or instructions for counsel, including 
     any rules of court for conduct during the proceedings.
       ``Civilian defense counsel shall protect any classified 
     information received during the course of their 
     representation of the accused in accordance with all 
     applicable law governing the protection of classified 
     information, and shall not divulge such information to any 
     person not authorized to receive it.
       ``(4) If the accused is represented by civilian counsel, 
     military counsel detailed shall act as associate counsel.
       ``(5) The accused is not entitled to be represented by more 
     than one military counsel. However, the person authorized 
     under regulations prescribed under section 948k of this title 
     to detail counsel in his sole discretion may detail 
     additional military counsel.
       ``(6) Defense counsel may cross-examine each witness for 
     the prosecution who testifies before the commission.

     ``Sec. 949d. Sessions

       ``(a) Sessions Without Presence of Members.--(1) At any 
     time after the service of charges which have been referred 
     for trial by military commission, the military judge may call 
     the commission into session without the presence of the 
     members for the purpose of--
       ``(A) hearing and determining motions raising defenses or 
     objections which are capable of determination without trial 
     of the issues raised by a plea of not guilty;
       ``(B) hearing and ruling upon any matter which may be ruled 
     upon by the military judge under this chapter, whether or not 
     the matter is appropriate for later consideration or decision 
     by the members of the commission;
       ``(C) if permitted by regulations of the Secretary, 
     receiving the pleas of the accused; and
       ``(D) performing any other procedural function which may be 
     performed by the military judge under this chapter or under 
     rules prescribed pursuant to section 949a of this title and 
     which does not require the presence of the members of the 
     commission.
       ``(2) Except as provided in subsection (e), any proceedings 
     under paragraph (1) shall be conducted in the presence of the 
     accused, defense counsel, and trial counsel, and shall be 
     made part of the record.
       ``(b) Proceedings in Presence of Accused.--Except as 
     provided in subsections (c) and ( e), all proceedings of a 
     military commission under this chapter shall be in the 
     presence of the accused, defense counsel, and trial counsel, 
     and shall be made a part of the record.
       ``(c) Deliberations or Vote of Members.--When the members 
     of the commission deliberate or vote, only the members may be 
     present.
       ``(d) Public Proceedings.--(1) The military commission 
     shall hold open and public proceedings.
       ``(2) The military judge may close to the public all or a 
     part of the proceedings of a military commission under this 
     chapter only upon making a specific finding that such closure 
     is necessary to--
       ``(A) protect information the disclosure of which could 
     reasonably be expected to cause identifiable damage to the 
     public interest or the national security, including 
     intelligence or law enforcement sources, methods, or 
     activities; or
       ``(B) ensure the physical safety of individuals.
       ``(e) Limited Exclusion of the Accused for the Protection 
     of Classified Information.--(1) The military judge may, 
     subject to the provisions of this subsection, permit the 
     admission in a military commission under this chapter of 
     classified information outside the presence of the accused.
       ``(2) The military judge shall not exclude the accused from 
     any portion of the proceeding except upon a specific finding 
     that extraordinary circumstances exist such that--
       ``(A) the exclusion of the accused--
       ``(i) is necessary to protect classified information the 
     disclosure of which to the accused could reasonably be 
     expected to cause identifiable damage to the national 
     security, including intelligence or law enforcement sources, 
     methods, or activities; or
       ``(ii) is necessary to ensure the physical safety of 
     individuals; or
       ``(iii) is necessary to prevent disruption of the 
     proceedings by the accused; and
       ``(B) the exclusion of the accused--
       ``(i) is no broader than necessary; and
       ``(ii) will not deprive the accused of a full and fair 
     trial.
       ``(3)(A) A finding under paragraph (2) may be based upon a 
     presentation, including an ex parte or in camera 
     presentation, by either trial counselor defense counsel.
       ``(B) Before trial counsel may make a presentation 
     described in subparagraph (A) requesting the admission of 
     classified evidence outside the presence of the accused, 
     the head of the executive or military department or 
     governmental agency which has control over the matter 
     (after personal consideration by that officer) shall 
     certify in writing to the military judge that--
       ``(i) the disclosure of such classified information to the 
     accused could reasonably be expected to prejudice the 
     national security; and
       ``(ii) such evidence has been declassified to the maximum 
     extent possible, consistent with the requirements of national 
     security.
       ``(4)(A) No evidence shall be admitted if the accused is 
     not present for its admission or the evidence is not 
     otherwise provided to the accused, unless the evidence is 
     classified information and the military judge makes a 
     specific finding that--
       ``(i) consideration of the evidence by the commission, 
     without the presence of the accused, is warranted; and
       ``(ii) admission of an unclassified summary or redacted 
     version of that evidence would not be an adequate substitute 
     and, in the case of testimony, alternative methods to obscure 
     the identity of the witness are not adequate; and
       ``(iii) admission of the evidence would not deprive the 
     accused of a full and fair trial.

[[Page S9117]]

       ``(B) If the accused is excluded from a portion of the 
     proceeding, the accused shall be provided with a redacted 
     transcript of the proceeding and, to the extent practicable, 
     an unclassified summary of any evidence introduced. Under no 
     circumstances shall such a summary or redacted transcript 
     compromise the interests warranting the exclusion of the 
     accused under this subsection.
       ``(5)(A) Military defense counsel shall be present and able 
     to participate in all trial proceedings, and shall be given 
     access to all evidence admitted under subparagraph (4).
       ``(B) Civilian defense counsel shall be permitted to be 
     present and to participate in all trial proceedings, and 
     shall be given access to evidence admitted under sub-
     paragraph (4), provided that civilian defense counsel has 
     obtained the necessary security clearances and that such 
     presence and access are consistent with regulations that the 
     Secretary may prescribe to protect classified information.
       ``(C) Notwithstanding any other provision of law, any 
     defense counsel who receives classified information admitted 
     pursuant to subparagraph (4) shall not be obligated to, and 
     may not, disclose that evidence to the accused.
       ``(f) Admission of Statements of Accused.--(l) 
     Notwithstanding any other provision in this chapter, no 
     statement made by the accused during an interrogation, even 
     if otherwise classified, may be admitted into evidence in a 
     military commission under this chapter unless the accused is 
     present for its admission or the evidence is otherwise 
     provided to the accused.
       ``(2) For purposes of this subsection, a `statement' is a 
     statement communicated knowingly and directly by the accused 
     in response to questioning by foreign or United States 
     military, intelligence, or criminal investigative personnel. 
     This paragraph shall not be construed to prevent the 
     redaction of intelligence sources or methods, which do not 
     constitute statements of the accused, from any document 
     provided to the accused or admitted into evidence.

     ``Sec. 949e. Continuances

       ``The military judge may, for reasonable cause, grant a 
     continuance to any party for such time, and as often, as may 
     appear to be just.

     ``Sec. 949f. Challenges

       ``(a) Challenges Authorized.--The military judge and 
     members of the commission may be challenged by the accused or 
     the trial counsel for cause stated to the commission. The 
     military judge shall determine the relevance and validity of 
     the challenges for cause, and may not receive a challenge to 
     more than one person at a time. Challenges by the trial 
     counsel shall ordinarily be presented and decided before 
     those by the accused are offered.
       ``(b) Peremptory Challenges.--Each accused and the trial 
     counsel is entitled to one peremptory challenge, but the 
     military judge may not be challenged except for cause.
       ``(c) Challenges Against Additional Members.--Whenever 
     additional members are detailed to the court, and after any 
     challenges for cause against such additional members are 
     presented and decided each accused and the trial counsel are 
     entitled to one peremptory challenge against members not 
     previously subject to peremptory challenge.

     ``Sec. 949g. Oaths

       ``(a) In General.--(l) Before performing their respective 
     duties, military judges, members of commissions, trial 
     counsel, defense counsel, reporters, and interpreters shall 
     take an oath to perform their duties faithfully.
       ``(2) The form of the oath required by paragraph (1), the 
     time and place of the taking thereof, the manner of recording 
     the same, and whether the oath shall be taken for all cases 
     in which these duties are to be performed or for a particular 
     case, shall be as prescribed in regulations of the Secretary. 
     These regulations may provide that--
       ``(A) an oath to perform faithfully duties as a military 
     judge, trial counsel, or defense counsel, may be taken at any 
     time by any judge advocate or other person certified to be 
     qualified or competent for duty; and
       ``(B) if such an oath is taken it need not again be taken 
     at the time the judge advocate, or other person is detailed 
     to that duty.
       ``(b) Witnesses.--Each witness before a military commission 
     under this chapter shall be examined on oath.
       ``(c) Oath Defined.--As used in this section, ``oath'' 
     includes an affirmation.

     ``Sec. 949h. Former jeopardy

       ``(a) In General.--No person may, without his consent, be 
     tried by a commission a second time for the same offense.
       ``(b) Scope of Trial.--No proceeding in which the accused 
     has been found guilty by military commission upon any charge 
     or specification is a trial in the sense of this section 
     until the finding of guilty has become final after review of 
     the case has been fully completed.

     ``Sec. 949i. Pleas of the accused

       ``(a) Plea of Not Guilty.--If an accused after a plea of 
     guilty sets up matter inconsistent with the plea, or if it 
     appears that he has entered the plea of guilty through lack 
     of understanding of its meaning and effect, or if he fails or 
     refuses to plead, a plea of not guilty shall be entered in 
     the record, and the commission shall proceed as though he had 
     pleaded not guilty.
       ``(b) Finding of Guilt After Guilty Plea.--With respect to 
     any charge or specification to which a plea of guilty has 
     been made by the accused and accepted by the military judge, 
     a finding of guilty of the charge or specification may be 
     entered immediately without a vote. This finding shall 
     constitute the finding of the commission unless the plea of 
     guilty is withdrawn prior to announcement of the sentence, in 
     which event the proceedings shall continue as though the 
     accused had pleaded not guilty.

     ``Sec. 949j. Opportunity to obtain witnesses and other 
       evidence

       ``(a) In General.--(1) Defense counsel in a military 
     commission under this chapter shall have a reasonable 
     opportunity to obtain witnesses and other evidence, including 
     evidence in the possession of the United States, as specified 
     in regulations prescribed by the Secretary.
       ``(2) Process issued in military commissions to compel 
     witnesses to appear and testify and to compel the production 
     of other evidence--
       ``(A) shall be similar to that which courts of the United 
     States having criminal jurisdiction may lawfully issue; and
       ``(B) shall run to any place where the United States shall 
     have jurisdiction thereof.
       ``(b) Treatment of Certain Items.--The military judge in a 
     military commission under this chapter may, upon a sufficient 
     showing, authorize trial counsel in making documents 
     available to the defense through discovery conducted pursuant 
     to such rules as the Secretary shall prescribe--
       ``(1) to delete specified items of classified information 
     from such documents;
       ``(2) to substitute an unclassified summary of the 
     information for such classified documents; or
       ``(3) to substitute an unclassified statement admitting 
     relevant facts that classified information would tend to 
     prove.
       ``(c) Disclosure of Exculpatory Evidence.--(1) As soon as 
     practicable, trial counsel in a military commission under 
     this chapter shall disclose to the defense the existence of 
     any evidence known to trial counsel that reasonably tends to 
     exculpate the accused.
       ``(2) Exculpatory evidence that is classified may be 
     provided solely to defense counsel, and not the accused, 
     after in camera review by the military judge.
       ``(3) Before classified evidence may be withheld from the 
     accused under this subsection, the executive or military 
     department or governmental agency which has control over the 
     matter shall ensure and shall certify in writing to the 
     military judge that the disclosure of such evidence to the 
     accused could reasonably be expected to prejudice the 
     national security and that such evidence has been 
     declassified to the maximum extent possible, consistent with 
     the requirements of national security.
       ``(4) Any classified exculpatory evidence that is not 
     disclosed to the accused under this subsection--
       ``(A) shall be provided to military defense counsel; and
       ``(B) shall be provided to civilian defense counsel, 
     provided that civilian defense counsel has obtained the 
     necessary security clearances and access to such evidence is 
     consistent with regulations that the Secretary may prescribe 
     to protect classified information; and
       ``(C) shall be provided to the accused in a redacted or 
     summary form, if it is possible to do so without compromising 
     intelligence sources, methods, or activities, or other 
     national security interests.
       ``(5) Notwithstanding any other provision of law, any 
     defense counsel who receives evidence under this subsection 
     shall not be obligated to, and may not, disclose that 
     evidence to the accused.

     ``Sec. 949k. Defense of lack of mental responsibility

       ``(a) Affirmative Defense.--It is an affirmative defense in 
     a trial by military commission that, at the time of the 
     commission of the acts constituting the offense, the accused, 
     as a result of a severe mental disease or defect, was unable 
     to appreciate the nature and quality or the wrongfulness of 
     the acts. Mental disease or defect does not otherwise 
     constitute a defense.
       ``(b) Burden of Proof.--The accused has the burden of 
     proving the defense of lack of mental responsibility by clear 
     and convincing evidence.
       ``(c) Findings Following Assertion of Defense.--Whenever 
     lack of mental responsibility of the accused with respect to 
     an offense is properly at issue, the military judge shall 
     instruct the members of the commission as to the defense of 
     lack of mental responsibility under this section and shall 
     charge them to find the accused--
       ``(1) guilty;
       ``(2) not guilty; or
       ``(3) not guilty only by reason of lack of mental 
     responsibility.
       ``(d) Majority Vote Required for Finding.--The accused 
     shall be found not guilty only by reason of lack of mental 
     responsibility under subsection (c)(3) only if a majority of 
     the members of the commission at the time the vote is taken 
     determines that the defense of lack of mental responsibility 
     has been established.

     ``Sec. 949l. Voting and rulings

       ``(a) Vote by Secret Written Ballot.--Voting by members of 
     a military commission on the findings and on the sentence 
     shall be by secret written ballot.
       ``(b) Rulings.--(1) The military judge shall rule upon all 
     questions of law, including the

[[Page S9118]]

     admissibility of evidence, and all interlocutory questions 
     arising during the proceedings.
       ``(2) Any such ruling made by the military judge upon any 
     question of law or any interlocutory question other than the 
     factual issue of mental responsibility of the accused is 
     conclusive and constitutes the ruling of the commission. 
     However, the military judge may change his ruling at any time 
     during the trial.
       ``(C) Instructions Prior to Vote.--Before a vote is taken 
     of the findings, the military judge shall, in the presence of 
     the accused and counsel, instruct the members of the 
     commission as to the elements of the offense and charge 
     them--
       ``(l) that the accused must be presumed to be innocent 
     until his guilt is established by legal and competent 
     evidence beyond reasonable doubt;
       ``(2) that in the case being considered, if there is a 
     reasonable doubt as to the guilt of the accused, the doubt 
     must be resolved in favor of the accused and he must be 
     acquitted;
       ``(3) that, if there is reasonable doubt as to the degree 
     of guilt, the finding must be in a lower degree as to which 
     there is no reasonable doubt; and
       ``(4) that the burden of proof to establish the guilt of 
     the accused beyond a reasonable doubt is upon the United 
     States.

     ``Sec. 949m. Number of votes required

       ``(a) Conviction.--No person may be convicted of any 
     offense, except as provided in section 949i(b) of this title 
     or by concurrence of two-thirds of the members present at the 
     time the vote is taken.
       ``(b) Sentences.--(1) Except. as provided in paragraphs (2) 
     and (3), sentences shall be determined by a military 
     commission by the concurrence of two-thirds of the members 
     present at the time the vote is taken.
       ``(2) No person may be sentenced to suffer death, except 
     insofar as--
       ``(A) death has been expressly authorized under this Act 
     for an offense of which the accused has been found guilty;
       ``(B) the charges referred to the commission expressly 
     sought the penalty of death;
       ``(C) the accused was convicted of the offense by the 
     concurrence of all the members of the military commission 
     present at the time the vote is taken; and
       ``(D) all members of the military commission present at the 
     time the vote was taken concurred in the sentence of death.
       ``(3) No person may be sentenced to life imprisonment or to 
     confinement for more than 10 years, except by the concurrence 
     of three-fourths of the members at the time the vote is 
     taken.
       ``(c) Number of Members Required for Penalty of Death.--(1) 
     Except as provided in paragraph (2), in a case in which the 
     penalty of death is sought, the number of members shall be 
     not less than 12.
       ``(2) In any case described in paragraph (1) in which 12 
     members are not reasonably available because of physical 
     conditions or military exigencies, the convening authority 
     shall specify a lesser number of members for the military 
     commission (but not fewer than 5 members), and the military 
     commission may be assembled and the trial held with not fewer 
     than the number of members so specified. In such a case, the 
     convening authority shall make a detailed written statement, 
     to be appended to the record, stating why a greater number of 
     members were not reasonably available.

     ``Sec. 949n. Military commission to announce action

       ``A military commission shall announce its findings and 
     sentence to the parties as soon as determined.

     ``Sec. 949o. Record of trial

       ``(a) Record; Authentication.--Each military commission 
     shall keep a separate, substantially verbatim, record of the 
     proceedings in each case brought before it, and the record 
     shall be authenticated by the signature of the military 
     judge. If the record cannot be authenticated by the military 
     judge by reason of his death, disability, or absence, it 
     shall be authenticated by the signature of the trial counsel 
     or by that of a member of the commission if the trial counsel 
     is unable to authenticate it by reason of his death, 
     disability, or absence. Where appropriate, and as provided by 
     regulation, the record of the military commission may contain 
     a classified annex.
       ``(b) Complete Record Required.--A complete record of the 
     proceedings and testimony shall be prepared in every military 
     commission established under this chapter.
       ``(c) Provision of Copy to Accused.--A copy of the record 
     of the proceedings of each military commission shall be given 
     to the accused as soon as it is authenticated. Where the 
     record contains classified information, or a classified 
     annex, the accused shall receive a redacted version of the 
     record. The appropriate defense counsel shall have access to 
     the unredacted record, as provided by regulation.

                       ``SUBCHAPTER V--SENTENCES

``Sec.
``949s. Cruel or unusual punishments prohibited.
``949t. Maximum limits.
``949u. Execution of confinement.

     ``Sec. 949s. Cruel or unusual punishments prohibited

       ``Punishment by flogging, or by branding, marking, or 
     tattooing on the body, or any other cruel or unusual 
     punishment, may not be adjudged by a military commission or 
     inflicted upon any person subject to this chapter. The use of 
     irons, single or double, except for the purpose of safe 
     custody, is prohibited.

     ``Sec. 949t. Maximum limits

       ``The punishment which a military commission may direct for 
     an offense may not exceed such limits as the President or 
     Secretary may prescribe for that offense.

     ``Sec. 949u. Execution of confinement

       ``(a) In General.--Under such regulations as the Secretary 
     may prescribe, a sentence of confinement adjudged by a 
     military commission may be carried into execution by 
     confinement--
       ``(1) in any place of confinement under the control of any 
     of the armed forces; or
       ``(2) in any penal or correctional institution under the 
     control of the United States or its allies or which the 
     United States may be allowed to use.
       ``(b) Treatment During Confinement by Other than the Armed 
     Forces.--Persons confined under subsection (a)(2) in a penal 
     or correctional institution not under the control of one of 
     the armed forces are subject to the same discipline and 
     treatment as persons confined or committed by the courts of 
     the United States or of the State, Territory, District of 
     Columbia, or place in which the institution is situated.

     ``SUBCHAPTER VI--POST-TRIAL PROCEDURE AND REVIEW OF MILITARY 
                              COMMISSIONS

``Sec.
``950a. Error of law; lesser included offense.
``950b. Review by the convening authority.
``950c. Waiver or withdrawal of appeal.
``950d. Appeal by the United States.
``950e. Rehearings.
``950f. Review by Court of Military Commission Review.
``950g. Review by the United States Court of Appeals for the District 
              of Columbia Circuit and the Supreme Court of the United 
              States.
``950h. Appellate counsel.
``950i. Execution of sentence; suspension of sentence.
``950j. Finality or proceedings, findings, and sentences.

     ``950a. Error of law; lesser included offense

       ``(a) Error of Law.--A finding or sentence of a military 
     commission may not be held incorrect on the ground of an 
     error of law unless the error materially prejudices the 
     substantial rights of the accused.
       ``(b) Lesser Included Offense.--Any reviewing authority 
     with the power to approve or affirm a finding of guilty may 
     approve or affirm, instead, so much of the finding as 
     includes a lesser included offense.

     ``Sec. 950b. Review by the convening authority

       ``(a) Notice to Convening Authority of Findings and 
     Sentence.--The findings and sentence of a military commission 
     under this chapter shall be reported in writing promptly to 
     the convening authority after the announcement of the 
     sentence.
       ``(b) Submittal of Matters by Accused to Convening 
     Authority.--The accused may submit to the convening authority 
     matters for consideration by the convening authority with 
     respect to the findings and the sentence of the military 
     commission under this chapter.
       ``(2)(A) Except as provided in subparagraph (B), a 
     submittal under paragraph (1) shall be made in writing within 
     20 days after the accused has been given an authenticated 
     record of trial under section 949o(c) of this title.
       ``(B) If the accused shows that additional time is required 
     for the accused to make a submittal under paragraph (1), the 
     convening authority, for good cause, may extend the 
     applicable period under subparagraph (A) for not more than an 
     additional 20 days.
       ``(3) The accused may waive his right to make a submission 
     to the convening authority under paragraph (1). Such a waiver 
     must be made in writing and may not be revoked. For the 
     purposes of subsection (c)(2), the time within which the 
     accused may make a submission under this subsection shall be 
     deemed to have expired upon the submission of such a waiver 
     to the convening authority.
       ``(c) Action by the Convening Authority.--(1) The authority 
     under this section to modify the findings and sentence of a 
     military commission under this chapter is a matter of the 
     sole discretion and prerogative of the convening authority.
       ``(3)(A) Action on the sentence of a military commission 
     shall be taken by the convening authority.
       ``(B) Subject to regulations of the Secretary, such action 
     may be taken only after consideration of any matters 
     submitted by the accused under subsection (b) or after the 
     time for submitting such matters expires, whichever is 
     earlier.
       ``(C) In taking action under this paragraph, the convening 
     authority, in his sole discretion, may approve, disapprove, 
     commute, or suspend the sentence in whole or in part. The 
     convening authority may not increase the sentence beyond that 
     which is found by the commission.
       ``(3) Action on the findings of a military commission by 
     the convening authority is not required. However, the 
     convening authority, in his sole discretion, may--
       ``(A) dismiss any charge or specification by setting aside 
     a finding of guilty thereto; or
       ``(B) change a finding of guilty to a charge to a finding 
     of guilty to an offense that is a lesser included offense of 
     the offense stated in the charge.

[[Page S9119]]

       ``(4) The convening authority shall serve on the accused or 
     on defense counsel notice of any action taken by the 
     convening authority under this subsection.
       ``(d) Order of Revision or Rehearing.--(1) Subject to 
     paragraphs (2) and (3), the convening authority, in his sole 
     discretion, may order a proceeding in revision or a 
     rehearing.
       ``(2)(A) Except as provided in subparagraph (B), a 
     proceeding in revision may be ordered if--
       ``(i) there is an apparent error or omission in the record; 
     or
       ``(ii) the record shows improper or inconsistent action by 
     a military commission with respect to the findings or 
     sentence that can be rectified without material prejudice to 
     the substantial rights of the accused.
       ``(B) In no case may a proceeding in revision--
       ``(i) reconsider a finding of not guilty of any 
     specification or a ruling which amounts to a finding of not 
     guilty;
       ``(ii) reconsider a finding of not guilty of any charge, 
     unless there has been a finding of guilty under a 
     specification laid under that charge, which sufficiently 
     alleges a violation;
       ``(iii) increase the severity of the sentence unless the 
     sentence prescribed for the offense is mandatory.
       ``(3) A rehearing may be ordered by the convening authority 
     if he disapproves the findings and sentence and states the 
     reasons for disapproval of the findings. If such a person 
     disapproves the findings and sentence and does not order a 
     rehearing, he shall dismiss the charges. A rehearing as to 
     the findings may not be ordered where there is a lack of 
     sufficient evidence in the record to support the findings. A 
     rehearing as to the sentence may be ordered if the convening 
     authority disapproves the sentence.

     ``Sec. 950c. Waiver or withdrawal of appeal

       ``(a) Waiver of Right of Review.--(1) In each case subject 
     to appellate review under section 950f and 950g of this 
     title, except a case in which the sentence as approved under 
     section 950b of this title includes death, the accused may 
     file with the convening authority a statement expressly 
     waiving the right of the accused to such review.
       ``(2) A waiver under paragraph (1) shall be signed by both 
     the accused and by a defense counsel.
       ``(3) A waiver under paragraph (1) must be filed, if at 
     all, within 10 days after notice on the action is served on 
     the accused under section 950b(c)(4) of this title. The 
     convening authority, for good cause, may extend the period 
     for such filing by not more than 30 days.
       ``(b) Withdrawal of Appeal.--Except in a case in which the 
     sentence as approved under section 950b of this title 
     includes death, the accused may withdraw an appeal at any 
     time.
       ``(c) Effect of Waiver or Withdrawal.--A waiver of the 
     right to appellate review or the withdrawal of an appeal 
     under this section bars review under section 950f or 950g of 
     this title.

     ``Sec. 950d. Appeal by the United States

       ``(a) Interlocutory appeal.--(1) Except as provided in 
     paragraph (2), in a trial by military commission under this 
     chapter, the United States may take an interlocutory appeal 
     to the Court of Military Commission Review of any order or 
     ruling of the military judge that--
       ``(A) terminates commission proceedings with respect to a 
     charge or specification;
       ``(B) excludes evidence that is substantial proof of a fact 
     material in the proceeding; or
       ``(C) relates to a matter under subsection (d), (e), or (f) 
     of section 949d of this title.
       ``(2) The United States may not appeal under paragraph (1) 
     an order or ruling that is, or amounts to, a finding of not 
     guilty by the commission with respect to the charge or 
     specification.
       ``(b) Notice of Appeal.--The United States shall take an 
     appeal of an order or ruling under subsection (a) by filing a 
     notice of appeal with the military judge within five days 
     after the date of such order or ruling.
       ``(c) Appeal.--An appeal under this section shall be 
     forwarded by means prescribed under regulations of the 
     Secretary directly to the Court of Military Commission 
     Review. In ruling on an appeal under this section, the Court 
     of Military Commission Review may act only with respect to 
     matters of law.
       ``(d) Court of Appeals.--The United States may appeal an 
     adverse ruling under subsection (c) to the United States 
     Court of Appeals for the District of Columbia Circuit by 
     filing a petition for review in the Court of Appeals within 
     10 days after the date of such ruling. Review under this 
     subsection shall be at the discretion of the Court of 
     Appeals.

     ``950e. Rehearings

       ``(a) Composition of Military Commission for Rehearing.--
     Each rehearing under this chapter shall take place before a 
     military commission composed of members not members of the 
     commission which first heard the case.
       ``(b) Scope of Rehearing.--(1) Upon a rehearing--
       ``(A) the accused may not be tried for any offense of which 
     he was found not guilty by the first commission; and
       ``(B) no sentence in excess of or more than the original 
     sentence may be imposed unless--
       ``(i) the sentence is based upon a finding of guilty of an 
     offense not considered upon the merits in the original 
     proceedings; or
       ``(ii) unless the sentence prescribed for the offense is 
     mandatory.
       ``(2) Upon a rehearing, if the sentence approved after the 
     first commission was in accordance with a pretrial agreement 
     and the accused at the rehearing changes his plea with 
     respect to the charges or specifications upon which the 
     pretrial agreement was based, or otherwise does not comply 
     with pretrial agreement, the sentence as to those charges or 
     specifications may include any punishment not in excess of 
     that lawfully adjudged at the first commission.

     ``Sec. 950f. Review by Court of Military Commission Review

       ``(a) Court Established.--(1) The Secretary shall establish 
     a Court of Military Commission Review which shall be composed 
     of one or more panels, and each such panel shall be composed 
     of not less than three appellate military judges.
       ``(2) For the purpose of reviewing military commission 
     decisions, the court may sit in panels or as a whole in 
     accordance with rules prescribed by the Secretary.
       ``(b) Composition of the Court.--(l) The Secretary shall 
     assign appellate military judges to a Court of Military 
     Commission Review.
       ``(2) Each appellate military judge shall meet the 
     qualifications for military judges prescribed by section 
     948j(b) of this Act or shall be a civilian with comparable 
     qualifications.
       ``(3) No person may be appointed to serve as an appellate 
     military judge in any case in which that person acted as a 
     military judge, counsel, or reviewing official.
       ``(c) Right of Appeal.--The accused may appeal from the 
     final decision of a military commission, and the United 
     States may appeal as provided in section 950d of this title, 
     to the Court of Military Commission Review in accordance with 
     procedures prescribed under regulations of the Secretary.
       ``(d) Scope of Review.--In ruling on an appeal under this 
     section, the Court of Military Commission Review may act only 
     with respect to matters of law.

     ``Sec. 950g. Review by the United States Court of Appeals for 
       the District of Columbia Circuit and the Supreme Court of 
       the United States

       ``(a) In General.--(1)(A) Except as provided in 
     subparagraph (B), the United States Court of Appeals for the 
     District of Columbia Circuit shall have exclusive 
     jurisdiction to determine the validity of a final judgment 
     rendered by a military commission, pursuant to Section 
     1005(e)(3) of the Detainee Treatment Act of 2005.
       ``(B) The Court of Appeals shall not review the final 
     judgment until all other appeals under this chapter have been 
     waived or exhausted.
       ``(2) A petition for review must be filed by the accused in 
     the Court of Appeals by no longer than 20 days from the 
     earlier of when--
       ``(A) written notice of the final decision of the Court of 
     Military Commission Review is served on the accused or on 
     defense counsel; or
       ``(B) the accused submits, in the form prescribed by 
     section 950c of this title, a written notice waiving his 
     right to appeal under section 950f of this title.
       ``(b) Review by Supreme Court.--The Supreme Court of the 
     United States may review by writ of certiorari the final 
     judgment of the Court of Appeals pursuant to section 1257 of 
     title 28, United States Code.

     ``Sec. 950h. Appellate counsel

       ``(a) Appointment.--The Secretary shall, by regulation, 
     establish procedures for the appointment of appellate counsel 
     for the United States and for the accused in military 
     commissions under this chapter. Appellate counsel shall meet 
     the qualifications for appearing before military commissions 
     under this chapter.
       ``(b) Representation of United States.--Appellate counsel 
     may represent the United States in any appeal or review 
     proceeding under this chapter. Appellate Government counsel 
     may represent the United States before the Supreme Court in 
     cases arising under this chapter when requested to do so 
     by the Attorney General.
       ``(c) Representation of Accused.--The accused shall be 
     represented by appellate military counsel before the Court of 
     Military Commission Review, the United State Court of Appeals 
     for the District of Columbia Circuit, or the Supreme Court, 
     or by civilian counsel if retained by him.

     ``Sec. 950i. Execution of sentence; suspension of sentence

       ``(a) Execution of Sentence of Death Only Upon Approval by 
     the President.--If the sentence of a military commission 
     under this chapter extends to death, that part of the 
     sentence providing for death may not be executed until 
     approved by the President. In such a case, the President may 
     commute, remit, or suspend the sentence, or any part thereof, 
     as he sees fit.
       ``(b) Execution of Sentence of Death Only Upon Final 
     Judgment of legality of Proceedings.--(1) If the sentence of 
     a military commission under this chapter extends to death, 
     the sentence may not be executed until there is a final 
     judgment as to the legality of the proceedings (and with 
     respect to death, approval under subsection (a)).
       ``(2) A judgment as to legality of the proceedings is final 
     for purposes of paragraph (1) when--
       ``(A) review is completed by the Court of Military 
     Commission Review and--
       ``(i) the time for the accused to file a petition for 
     review by the Court of Appeals for the D.C. Circuit has 
     expired; and

[[Page S9120]]

       ``(ii) the accused has not filed a timely petition for such 
     review; and
       ``(iii) the case is not otherwise under review by that 
     Court; or
       ``(B) review is completed in accordance with judgment of 
     the Court of Appeals for the D.C. Circuit and--
       ``(i) a petition for a writ of certiorari is not timely 
     filed;
       ``(ii) such a petition is denied by the Supreme Court; or
       ``(iii) review is otherwise completed in accordance with 
     the judgment of the Supreme Court.
       ``(c) Suspension of Sentence.--The Secretary, or the 
     convening authority acting on the case (if other than the 
     Secretary), may suspend the execution of any sentence or part 
     thereof in the case, except a sentence of death.

     ``Sec. 950j. Finality of proceedings, findings, and sentences

       ``(a) Finality.--The appellate review of records of trial 
     provided by this chapter, the proceedings, findings, and 
     sentences of military commissions as approved, reviewed, or 
     affirmed as required by this chapter, are final and 
     conclusive. Orders publishing the proceedings of military 
     commissions are binding upon all departments, courts, 
     agencies, and officers of the United States, subject only to 
     authority of the President.
       ``(b) Provisions of Chapter Sole Basis for Review of 
     Military Commission Procedures and Actions.--Except as 
     otherwise provided in this chapter, and notwithstanding any 
     other law (including section 2241 of title 28, United States 
     Code, or any other habeas corpus provision), no court, 
     justice, or judge shall have jurisdiction to hear or consider 
     any claim or cause of action whatsoever, including any action 
     pending on or filed after the date of enactment of this 
     chapter, relating to the prosecution, trial, or judgment of a 
     military commission convened under this section, including 
     challenges to the lawfulness of the procedures of military 
     commissions under this chapter.

                   ``SUBCHAPTER VII--PUNITIVE MATTERS

``Sec.
``950p. Substantive offenses.
``950q. Principals.
``950r. Accessory after the fact.
``950s. Conviction of lesser offenses.
``950t. Attempts.
``950u. Solicitation.
``950v. Crimes triable by military commission.
``950w. Perjury and obstruction of justice.
``950x. Contempt.

     ``Sec. 950p. Substantive offenses generally

       ``(a) Purpose.--The following provisions codify offenses 
     that have traditionally been triable by military commissions. 
     This Act does not establish new crimes that did not exist 
     before its establishment, but rather codifies those crimes 
     for trial by military commission.
       ``(b) Effect.--Because these provisions are declarative of 
     existing law, they do not preclude trial for crimes that 
     occurred prior to their effective date.

     ``Sec. 950q. Principals

       ``Any person is punishable as a principal under this 
     chapter who--
       ``(1) commits an offense punishable by this chapter, or 
     aids, abets, counsels, commands, or procures its commission; 
     or
       ``(2) causes an act to be done which if directly performed 
     by him would be punishable by this chapter; or
       ``(3) is a superior commander who, with regard to acts 
     punishable under this chapter, knew, had reason to know, or 
     should have known, that a subordinate was about to commit 
     such acts or had done so and the superior failed to take the 
     necessary and reasonable measures to prevent such acts or 
     to punish the perpetrators thereof.

     ``Sec. 950r. Accessory after the fact

       ``Any person subject to this chapter who, knowing that an 
     offense punishable by this chapter has been committed, 
     receives, comforts, or assists the offender in order to 
     hinder or prevent his apprehension, trial, or punishment 
     shall be punished as a military commission may direct.

     ``Sec. 950s. Conviction of lesser offenses

       ``An accused may be found guilty of an offense necessarily 
     included in the offense charged or of an attempt to commit 
     either the offense charged or an offense necessarily included 
     therein.

     ``Sec. 950t. Attempts

       ``(a) In General.--Any person subject to this chapter who 
     attempts to commit any offense punishable by this Act shall 
     be punished as a military commission may direct.
       ``(b) Scope of Offense.--An act, done with specific intent 
     to commit an offense under this chapter, amounting to more 
     than mere preparation and tending, even though failing, to 
     effect its commission, is an attempt to commit that offense.
       ``(c) Effect of Consummation.--Any person subject to this 
     chapter may be convicted of an attempt to commit an offense 
     although it appears on the trial that the offense was 
     consummated.

     ``Sec. 950u. Solicitation

       ``Any person subject to this chapter who solicits or 
     advises another or others to commit one or more substantive 
     offenses triable by military commission shall, if the offense 
     solicited or advised is attempted or committed, be punished 
     with the punishment provided for the commission of the 
     offense, but, if the offense solicited or advised is not 
     committed or attempted, he shall be punished as a military 
     commission may direct.

     ``Sec. 950v. Crimes triable by military commission

       ``(a) Definitions and Construction.--(1) For purposes of 
     this chapter, the term `military objective' refers to 
     combatants and those objects during an armed conflict which, 
     by their nature, location, purpose, or use, effectively 
     contribute to the opposing force's war-fighting or war-
     sustaining capability and whose total or partial destruction, 
     capture, or neutralization would constitute a definite 
     military advantage to the attacker under the circumstances at 
     the time of the attack.
       ``(2) For purposes of this section only, `protected person' 
     refers to any person entitled to protection under one or more 
     of the Geneva Conventions, including civilians not taking an 
     active part in hostilities, military personnel placed hors de 
     combat by sickness, wounds, or detention, and military 
     medical or religious personnel.
       ``(3) For purposes of this chapter, the term `protected 
     property' refers to property specifically protected by the 
     law of war such as buildings dedicated to religion, 
     education, art, science or charitable purposes, historic 
     monuments, hospitals, or places where the sick and wounded 
     are collected, provided they are not being used for military 
     purposes or are not otherwise military objectives. Such 
     property would include objects properly identified by one of 
     the distinctive emblems of the Geneva Conventions but does 
     not include all civilian property.
       ``(4) The intent required for offenses (1), (2), (3), (4) 
     and (12) under subsection (b) precludes their applicability 
     with regard to collateral damage or to death, damage, or 
     injury incident to a lawful attack.
       ``(b) Offenses.--The following enumerated offenses, when 
     committed in the context of and associated with armed 
     conflict, shall be triable by military commission under this 
     chapter at any time without limitation--
       ``(1) Murder of Protected Persons.--Any person who 
     intentionally kills one or more protected persons is guilty 
     of the offense of intentionally killing protected persons 
     and shall be subject to whatever punishment the commission 
     may direct, including the penalty of death.
       ``(2) Attacking civilians.--Any person who intentionally 
     engages in an attack upon a civilian population as such or 
     individual civilians not taking active part in hostilities is 
     guilty of the offense of attacking civilians and shall be 
     subject to whatever punishment the commission may direct, 
     including, if death results to one or more of the victims, 
     the penalty of death.
       ``(3) Attacking civilian objects.--Any person who 
     intentionally engages in an attack upon civilian objects 
     (property that is not a military objective) shall be guilty 
     of the offense of attacking civilian objects and shall be 
     subject to whatever punishment the commission may direct.
       ``(4) Attacking Protected Property.--Any person who 
     intentionally engages in an attack upon protected property 
     shall be guilty of the offense of attacking protected 
     property and shall be subject to whatever punishment the 
     commission may direct.
       ``(5) Pillaging.--Any person who intentionally and in the 
     absence of military necessity appropriates or seizes property 
     for private or personal use, without the consent of a person 
     with authority to permit such appropriation or seizure, shall 
     be guilty of the offense of pillaging and shall be subject to 
     whatever punishment the commission may direct.
       ``(6) Denying quarter.--Any person who, with effective 
     command or control over subordinate groups, declares, orders, 
     or otherwise indicates to those forces that there shall be no 
     survivors or surrender accepted, with the intent therefore to 
     threaten an adversary or to conduct hostilities such that 
     there would be no survivors or surrender accepted, shall be 
     guilty of denying quarter and shall be subject to whatever 
     punishment the commission may direct.
       ``(7) Taking hostages.--Any person who, having knowingly 
     seized or detained one or more persons, threatens to kill, 
     injure, or continue to detain such person or persons with the 
     intent of compelling any nation, person other than the 
     hostage, or group of persons to act or refrain from acting as 
     an explicit or implicit condition for the safety or release 
     of such person or persons, shall be guilty of the offense of 
     taking hostages and shall be subject to whatever punishment 
     the commission may direct, including, if death results to one 
     or more of the victims, the penalty of death.
       ``(8) Employing poison or analogous weapons.--Any person 
     who intentionally, as a method of warfare, employs a 
     substance or a weapon that releases a substance that causes 
     death or serious and lasting damage to health in the ordinary 
     course of events, through its asphyxiating, bacteriological, 
     or toxic properties, shall be guilty of employing poison or 
     analogous weapons and shall be subject to whatever punishment 
     the commission may direct, including, if death results to one 
     or more of the victims, the penalty of death.
       ``(9) Using protected persons as shields.--Any person who 
     positions, or otherwise takes advantage of, a protected 
     person with the intent to shield a military objective from 
     attack or to shield, favor, or impede military operations, 
     shall be guilty of the offense of using protected persons as 
     shields and shall be subject to whatever punishment the 
     commission may direct, including, if death results to one or 
     more of the victims, the penalty of death.

[[Page S9121]]

       ``(10) Using protected property as shields.--Any person who 
     positions, or otherwise takes advantage of the location of, 
     protected property under the law of war with the intent to 
     shield a military objective from attack or to shield, favor, 
     or impede military operations, shall be guilty of the offense 
     of using protected property as shields and shall be subject 
     to whatever punishment the commission may direct.
       ``(11) Torture.--Any person who commits an act specifically 
     intended to inflict severe physical or mental pain or 
     suffering (other than pain or suffering incidental to lawful 
     sanctions) upon another person within his custody or physical 
     control for the purpose of obtaining information or a 
     confession, punishment, intimidation, coercion, or any reason 
     based on discrimination of any kind, shall be guilty of 
     torture and subject to whatever punishment the commission may 
     direct, including, if death results to one or more of the 
     victims, the penalty of death. `Severe mental pain or 
     suffering' has the meaning provided in 18 U.S.C. 2340(2).
       ``(12) Cruel or inhuman treatment.--Any person who commits 
     an act intended to inflict severe physical or mental pain or 
     suffering (other than pain or suffering incidental to lawful 
     sanctions), including severe physical abuse, upon another 
     person within his custody or physical control shall be guilty 
     of cruel or inhuman treatment and subject to whatever 
     punishment the commission may direct, including, if death 
     results to one or more of the victims, the penalty of death. 
     `Severe mental pain or suffering' has the meaning provided in 
     18 U.S.C. 2340(2).
       ``(13) Intentionally causing serious bodily injury.--Any 
     person who intentionally causes serious bodily injury to one 
     or more persons, including lawful combatants, in violation of 
     the law of war shall be guilty of the offense of causing 
     serious bodily injury and shall be subject to whatever 
     punishment the commission may direct, including, if death 
     results to one or more of the victims, the penalty of death. 
     `Serious bodily injury' has the meaning provided in 18 U.S.C. 
     113(b)(2).
       ``(14) Mutilating or maiming.--Any person who intentionally 
     injures one or more protected persons, by disfiguring the 
     person or persons by any mutilation thereof or by permanently 
     disabling any member, limb, or organ of his body, without any 
     legitimate medical or dental purpose, shall be guilty of the 
     offense of mutilation or maiming and shall be subject to 
     whatever punishment the commission may direct, including, if 
     death results to one or more of the victims, the penalty of 
     death.
       ``(15) Murder in violation of the law of war.--Any person 
     who intentionally kills one or more persons, including lawful 
     combatants, in violation of the law of war shall be guilty of 
     the offense of murder in violation of the law of war and 
     shall be subject to whatever punishment the commission may 
     direct, including the penalty of death.
       ``(16) Destruction of property in violation of the law of 
     war.--Any person who intentionally destroys property 
     belonging to another person in violation of the law of war 
     shall be guilty of the offense of destruction of property in 
     violation of the law of war and shall be subject to whatever 
     punishment the commission may direct.
       ``(17) Using treachery or perfidy.--Any person who, after 
     inviting the confidence or belief of one or more persons that 
     they were entitled to, or obliged to accord, protection 
     under the law of war, intentionally makes use of that 
     confidence or belief in killing, injuring, or capturing 
     such person or persons, shall be guilty of using treachery 
     or perfidy and shall be subject to whatever punishment the 
     commission may direct.
       ``(18) Improperly Using a Flag of Truce.--Any person who 
     uses a flag of truce to feign an intention to negotiate, 
     surrender, or otherwise to suspend hostilities when there is 
     no such intention, shall be guilty of improperly using a flag 
     of truce and shall be subject to whatever punishment the 
     commission may direct.
       ``(19) Improperly Using a Distinctive Emblem.--Any person 
     who intentilly uses a distinctive emblem recognized by the 
     law of war for combatant purposes in a manner prohibited by 
     the law of waf shall be guilty of improperly using a 
     distinctive emblem and shall be subject to whatever 
     punishment the commission may direct.
       (20) Potentionally Mistreating a Dead Body.--Any person who 
     intentionally mistreats the body of a dead person, without 
     justification by legitimate military necessary, shall be 
     guilty of the offense of mistreating a dead body and shall be 
     subject to whatever punishment the commission may direct.
       (21) Rape.--Any person who forcibly or with coercion or 
     threat of force wrongfully invades the body of a person by 
     penetrating, however slightly, the anal or genital opening of 
     the victim with any part of the body of the accused or with 
     any foreign object shall be guilty of the offense of rape and 
     shall be subject to whatever punishment the commission may 
     direct.
       ``(22) Hijacking or Hazarding a Vessel or Aircraft.--Any 
     person subject to this chapter who intentionally seizes, 
     exercises unauthorized control over, or endangers the safe 
     navigation of, a vessel or aircraft that was not a legitimate 
     military target is guilty of the offense of hijacking or 
     hazarding a vessel or aircraft and shall be subject to 
     whatever punishment the commission may direct, including, if 
     death results to one or more of the victims, the penalty of 
     death.
       ``(23) Terrorism.--Any person subject to this chapter who 
     intentionally kills or inflicts great bodily harm on one or 
     more persons, or intentionally engages in an act that evinces 
     a wanton disregard for human life, in a manner calculated to 
     influence or affect the conduct of government or civilian 
     population by intimidation or coercion, or to retaliate 
     against government conduct, shall be guilty of the offense of 
     terrorism and shall be subject to whatever punishment the 
     commission may direct, including, if death results to one or 
     more of the victims, penalty of death.
       ``(24) Providing Material Support for Terrorism.--Any 
     person who provides material support or resources, knowing or 
     intending that they are to be used in preparation for, or in 
     carrying out, an act of terrorism (as defined in subsection 
     (b)(23) of this section), or who intentionally provides 
     material support or resources to an international terrorist 
     organization engage in hostilities against the United States, 
     knowing that such organization has engaged or engages in 
     terrorism as defined in subsection (b)(23) of this section), 
     shall be guilty of the offense of providing material support 
     for terrorism and shall be subject to whatever punishment the 
     commission may direct. The term `material support or 
     resources' has the meaning provided in 18 U.S.C. 2339A(b).
       ``(25) Wrongfully aiding the enemy.--Any person who, in 
     breach of an allegiance or duty to the United States, 
     knowingly and intentionally aids an enemy of the United 
     States or one its cobelligerents shall be guilty of the 
     offense of wrongfully aiding the enemy and shall be subject 
     to whatever phmthe commission may direct.
       ``(26) Spying.--Any person who, with intent or reason to 
     believe that it is to be used to the injury of the United 
     States or to the advantage of a foreign-power, collects or 
     attempts to collect certain information by clandestine means 
     or while acting under false pretenses, for the purpose of 
     conveying such information to an enemy of the United States 
     or one of its co-belligerents, shall be guilty of the offense 
     of spying and shall be subject to whatever punishment the 
     commission may direct, including the penalty of death.
       ``(27) Conspiracy.--Any person who conspires to commit one 
     or more substantive offenses triable under this section, and 
     who knowingly does any overt act to effect the object of the 
     conspiracy, shall be guilty of conspiracy and shall be 
     subject to whatever punishment the commission may direct, 
     including, if death results to one or more of the victims, 
     the penalty of death.

     ``Sec. 950w. Perjury and obstruction of justice

       ``The military commissions also may try offenses and impose 
     punishments for perjury, false testimony, or obstruction of 
     justice related to military commissions.

     ``Sec. 950x. Contempt

       ``A military commission may punish for contempt any person 
     who uses any menacing word, sign, or gesture in its presence, 
     or who disturbs its proceedings by any riot or disorder.''.
       (2) Tables of chapters amendments.--The tables of chapters 
     at the beginning of subtitle A and part II of subtitle A of 
     title 10, United States Code, are each amended by inserting 
     after the item relating to chapter 47 the following new item:

                   ``CHAPTER 47A--MILITARY COMMISIONS

                   ``SUBCHAPTER I--GENERAL PROVISIONS

             ``SUBCHAPTER II--COMPOSITION OF COURTS-MARTIAL

                 ``SUBCHAPTER III--PRE-TRIAL PROCEDURE

                    ``SUBCHAPTER IV--TRIAL PROCEDURE

                       ``SUBCHAPTER V--SENTENCES

     ``SUBCHAPTER VI--POST-TRIAL PROCEDURE AND REVIEW OF MILITARY 
                              COMMISSIONS

                   ``SUBCHAPTER VII--PUNITIVE MATTERS

       (b) Submittal of Procedures to Congress.--
       (1) Submittal of procedures.--Not later than 90 days after 
     the date of the enactment of this Act, the Secretary shall 
     submit to the Committees on Armed Forces of the Senate and 
     the House of Representatives a report setting forth the 
     procedures for military commissions prescribed under Chapter 
     47A of title 10, United States Code (as added by subsection 
     (a)).
       (2) Submittal of modifications.--Not later than 60 days 
     before the date on which any proposed modification of the 
     procedures described in paragraph (1) shall go into effect, 
     the Secretary shall submit to the committees of Congress 
     referred to in that paragraph a report describing such 
     modifications.

     SEC. 5. JUDICIAL REVIEW.

       Section 2241 of title 28, United States Code, is amended by 
     replacing subsection (e) with the following:
       ``(e) Except as provided for in this subsection, and 
     notwithstanding any other law, no court, justice, or judge 
     shall have jurisdiction to hear or consider any claim or 
     cause of action, including an application for a writ of 
     habeas corpus, pending on or filed after the date of 
     enactment of this Act, against the United States or its 
     agents, brought by or on behalf of any alien detained by the 
     United States as an unlawful enemy combatant, relating to any 
     aspect of the alien's detention, transfer, treatment, or 
     conditions of confinement:
       ``(1) Combatant status review tribunals. The United States 
     Court of Appeals for the District of Columbia Circuit shall 
     have exclusive jurisdiction to determine the validity of any 
     final decision of a Combatant Status

[[Page S9122]]

     Review Tribunal. The scope of such review is defined in 
     section 1005(e)(2) of the Detainee Treatment Act of 2005. If 
     the Court grants a detainee's petition for review, the 
     Department of Defense may conduct a new Combatant Status 
     Review Tribunal.
       ``(2) Military commissions.--Review shall be had only of 
     final judgments of military commissions as provided for 
     pursuant to section 247 of the Military Commissions Act of 
     2006.
       ``(3) Information considered.--The court may consider 
     classified information submitted in camera and ex parte in 
     making any determination under this section.''.

     SEC. 6. SATISFACTION OF TREATY OBLIGATIONS.

        (a) In general.--Satisfaction of the prohibitions against 
     cruel, inhuman, and degrading treatment set forth in Section 
     1003 of the Detainee Treatment Act of 2005 (title X of Public 
     Law 109-148; 119 Stat. 2739; 42 U.S.C. 2000dd) shall fully 
     satisfy United States obligations with respect to the 
     standards for detention and treatment established by 
     section 1 of common Article 3 of the Geneva Conventions, 
     with the exception of the obligations imposed by 
     subsections 1 (b) and 1 (d) of such Article.
       (b) Rights Not Judicially Enforceable.--
       (1)  In general. No person in any habeas action or any 
     other action may invoke the Geneva Conventions or any 
     protocols thereto as a source of rights; whether directly or 
     indirectly, for any purpose in any court of the United States 
     or its States or territories.
       (2) Construction.--Paragraph (1) may not be construed to 
     affect the obligations of the United States under the Geneva 
     Conventions.
       (c) Geneva Conventions Defined. In this section, the term 
     ``Geneva Conventions'' means the international conventions 
     signed at Geneva on August 12, 1949, including common Article 
     3.

     SEC. 7. WAR CRIMES ACT AMENDMENT.

       Section 2441 of title 18, United States Code is amended by 
     replacing subsection (c)(3) with the following:
       ``(3) which constitutes any of the following serious 
     violations of common Article 3 of the international 
     conventions signed at Geneva 12 August 1949, when committed 
     in the context of and in association with an armed conflict 
     not of an international character--
       ``(1)  Torture.--Any person who commits, or conspires or 
     attempts to commit, an act specifically intended to inflict 
     severe physical or mental pain or suffering (other than pain 
     or suffering incidental to lawful sanctions) upon another 
     person within his custody or physical control for the purpose 
     of obtaining information or a confession, punishment, 
     intimidation, coercion, or any reason based on discrimination 
     of any kind, shall be guilty of a violation of this 
     subsection. `Severe mental pain or suffering' has the meaning 
     provided in 18 U.S.C. Sec. 2340(2).
       ``(2) Cruel or inhuman treatment.--Any person who commits, 
     or conspires or attempts to commit, an act intended to 
     inflict severe physical or mental pain or suffering (other 
     than pain or suffering incidental to lawful sanctions), 
     including severe physical abuse, upon another person within 
     his custody or physical control shall be guilty of a 
     violation of this subsection. `Severe mental pain or 
     suffering' has the meaning provided in 18 U.S.C. 
     Sec. 2340(2).
       ``(3) Performing biological experiments.--Any person who 
     subjects, or conspires or attempts to subject, one or more 
     persons within his custody or physical control to biological 
     experiments without a legitimate medical purpose and in so 
     doing endangers the body or health of such person or persons 
     shall be guilty of a violation of this subsection
       ``(4) Murder.--Any person who intentionally kills, or 
     conspires or attempts to kill, or kills whether intentionally 
     or unintentionally in the course of committing any other 
     offense under this section, one or more persons taking no 
     active part in the hostilities, including those placed hors 
     de combat by sickness, wounds, detention, or any other cause, 
     shall be guilty of a violation of this subsection. The intent 
     required for this offense precludes its applicability with 
     regard to collateral damage or to death, damage, or injury 
     incident to a lawful attack.
       ``(5) Mutilation or maiming.--Any person who intentionally 
     injures, or conspires or attempts to injure, or injures 
     whether intentionally or unintentionally in the course of 
     committing any other offense under this section, one or more 
     persons taking no active part in the hostilities, including 
     those placed hors de combat by sickness, wounds, detention, 
     or any other cause, by disfiguring the person or persons by 
     any mutilation thereof or by permanently disabling any 
     member, limb, or organ of his body, without any legitimate 
     medical or dental purpose, shall be guilty of a violation of 
     this subsection. The intent required for this offense 
     precludes its applicability with regard to collateral damage 
     or to death, damage, or injury incident to a lawful attack.
       ``(6) Intentionally causing great suffering or serious 
     injury.--Any person who intentionally causes, or conspires or 
     attempts to cause, serious, bodily injury to one or more 
     persons taking no active part in the hostilities, including 
     those placed hors de combat by sickness, wounds, detention, 
     or any other cause, shall be guilty of a violation of this 
     subsection. The intent required for this offense precludes 
     its applicability with regard to collateral damage or to 
     death, damage, or injury incident to a lawful attack. 
     `Serious bodily injury' has the meaning provided in 18 U.S.C. 
     Sec. 113(b)(2).
       ``(7) Rape.--Any person who forcibly or with coercion or 
     threat of force wrongfully invades, or conspires or attempts 
     to invade, the body of a person by penetrating, however 
     slightly, the anal or genital opening of the victim with any 
     part of the body of the accused or with any foreign object 
     shall be guilty of a violation of this subsection.
       ``(8) Sexual assault or abuse.--Any person who forcibly or 
     with coercion or threat of force engages, or conspires or 
     attempts to engage, in sexual contact with one or more 
     persons, or causes, or conspires or attempts to cause, one or 
     more persons to engage in sexual contact, shall be guilty of 
     a violation of this subsection. For purposes of this offense, 
     `sexual contact' has the meaning provided in 18 U.S.C. 
     Sec. 2246(3).
       ``(9) Taking hostages.--Any person who, having knowingly 
     seized or detained one or more persons, threatens to kill, 
     injure, or continue to detain such person or persons with the 
     intent of compelling any nation, person other than the 
     hostage, or group of persons to act or refrain from acting as 
     an explicit or implicit condition for the safety or release 
     of such person or persons, shall be guilty of a violation 
     of this subsection. Any person who attempts to engage or 
     conspires to engage in this offense shall also be guilty 
     under this subsection.''.

     SEC. 8. CONFORMING AMENDMENTS.

       (a) Section 1004(b) of the Detainee Treatment Act of 2005 
     (10 U.S.C. Sec. 801 note). is amended to conform with this 
     Act as follows--
       (1) by replacing ``may provide'' with ``shall provide''; 
     and
       (2) by adding ``or investigation'' after ``criminal 
     prosecution''; and
       (3) by adding ``whether before United States courts or 
     agencies, foreign courts or agencies, or international courts 
     or agencies,'' after ``described in that subsection'';
       (b) Section 1005 of the Detainee Treatment Act of 2005 (10 
     U.S.C. Sec. 801 note) is amended to conform with this Act as 
     follows--
       (1) by striking subsection (e)(3)(B) and renumbering 
     subsections (e)(3)(C) and (e)(3)(D) as subsections (e)(3)(B) 
     and (e)(3)(C), respectively; and
       (2) in subsection (e)(3)(A), by striking ``pursuant to 
     Military Commission Order No. 1, August 31, 2005 (or any 
     successor military order)'' and inserting ``by a military 
     commission under chapter 47a of title 10''; and
       (3) in former subsection (e)(3)(C)(i), by striking 
     ``pursuant to the military order'' and inserting ``by a 
     military commission''; and
       (4) in former subsection (e)(3)(C)(ii), by striking 
     ``pursuant to such military order'' and inserting ``by such a 
     military commission''; and
       (5) in former subsection (e)(3)(D)(i) by striking 
     ``specified in the military order'' and inserting ``specified 
     for a military commission''; and
       (6) and in former subsection (e)(3)(C)(i), by striking ``at 
     Guantanamo Bay, Cuba''; and
       (7) in former subsection (e)(2)(b)(i) by replacing ``the 
     Department of Defense at Guantanamo Bay, Cuba'' with ``United 
     States''.
       (c) Section 802 of title 10, United States Code, is amended 
     to conform with this Act by adding, ``(a)(13) Lawful enemy 
     combatants who violate the law of war.''
       (d) Section 821 of title 10, United States Code, is amended 
     to conform with this Act by striking the phrase ``by statute 
     or the law of war''.
       (e) Section 836 of title 10, United States Code, is amended 
     to conform with this Act as follows--in subsection (a), by 
     replacing ``military commissions and other military 
     tribunals'' with ``and other military tribunals (excluding 
     military commissions)''.

     SEC. 9. RETROACTIVE APPLICATION.

       This Act shall take effect on the date of the enactment of 
     this Act and shall apply retroactively, including to any 
     aspect of the detention, treatment, or trial of any person 
     detained at any time since September 11, 2001, and to any 
     claim or cause of action pending on or after the date of the 
     enactment of this Act.

     SEC. 10. SEVERABILITY.

       If any provision of this Act, or the application of a 
     provision to any person or circumstance, is held to be 
     unconstitutional, the remainder of this Act, and the 
     application of the provisions to any other person or 
     circumstance, shall not be affected thereby.
                                 ______
                                 
      By Mr. AKAKA (for himself, Mr. Lautenberg, Ms. Stabenow, and Mr. 
        Obama):
  S. 3863. A bill to amend part A of title IV of the Social Security 
Act to require a State to promote economic and financial education 
under the Temporary Assistance for Needy Families (TANF) Program and to 
allow economic and financial education to count as work activity under 
that program; to the Committee on Finance.
  Mr. AKAKA. Mr. President, today, I am introducing the TANF Economic 
and Financial Education Promotion Act of 2006, with my colleagues 
Senators Lautenberg, Stabenow, and Obama. I appreciate the work of our 
former colleague, Senator Corzine, for initiating this important 
financial and economic literacy bill, of which I had been an original 
cosponsor. This bill is a product of revisions suggested by the

[[Page S9123]]

Jump$tart Coalition for Personal Financial Literacy and the American 
Savings and Education Council, as well as consultation with other 
community groups such as the National Association of Securities Dealers 
and National Council on Economic Education.
  As noted in the bill's findings, high levels of personal debt and 
bankruptcy filings combined with a negative personal savings rate in 
2005 have put more and more individuals on the edge of financial 
insolvency. Individuals who are already living with less-than-ideal 
financial circumstances--such as most Temporary Assistance for Needy 
Families, TANF, recipients and others who are not financially self-
sufficient and live outside the financial mainstream--apply to 
predatory lenders for short-term loans with comparatively high interest 
rates or fees, or are able to save little or nothing for emergencies or 
future events. A lack of basic consumer finance education, including 
lack of familiarity with how a checking or savings account works, has 
been cited as a major reason millions of Americans do not set up 
mainstream accounts and, thus, put themselves into greater financial 
peril.
  Economic and financial education can help individuals and families 
meet short-term obligations and maximize their well-being in the long-
term, particularly in populations traditionally underserved by 
mainstream financial systems. Such education can provide access to the 
tools needed to create household budgets, initiate savings plans, and 
build assets, as well as keep vulnerable individuals from unknowingly 
entering or being forced into financially devastating credit 
arrangements. Core goals of economic and financial literacy activities 
complement TANF's aims to reduce welfare dependency, helping people 
achieve self-sufficiency.
  For families transitioning from welfare into work, challenges 
continue to abound, including obtaining child care and transportation. 
Another challenge that is often overlooked, however, is the difficulty 
of transitioning from a benefits- to a wage-based income. Financial and 
economic literacy programs that educate families through this 
transition about taxes and tax benefits that they may be eligible for, 
such as the Dependent Care Tax Credit and the Earned Income Tax Credit, 
can help to ensure that they have access to these important work 
benefits.
  The bill we are introducing today would tackle this problem for a 
targeted group of Americans by making economic and financial education 
an allowable use of federal TANF funds and a qualified work activity 
under the law. The bill would also require States, through 
collaborations with local banks, community-based organizations, 
business entities, and members of the Federal Financial Literacy and 
Education Commission, to promote financial education in their state 
TANF plans. States must ensure that such activities are accessible to 
the target population by way of appropriately-geared curriculum, 
provide relevant and practical information to participants, include a 
direct delivery component, and, to the extent practicable, work with an 
asset building program conducted in that state. This bill aims to make 
a big difference for one of our country's most vulnerable populations 
and provide them access to tools that can allow them to stand on their 
own feet, for themselves and their families.
  I thank my cosponsors for joining me in introducing this bill, and I 
urge other colleagues to support this meaningful legislation. I ask 
unanimous consent that the text of the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3863

       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 ``TANF Economic and Financial 
     Education Promotion Act of 2006''.

     SEC. 2. FINDINGS AND PURPOSES.

       (a) Findings.--Congress makes the following findings:
       (1) Most recipients of assistance under the Temporary 
     Assistance for Needy Families (TANF) Program established 
     under part A of title IV of the Social Security Act (42 
     U.S.C. 601 et seq.) and individuals moving toward self-
     sufficiency operate outside the financial mainstream, paying 
     high costs to handle their finances and saving little for 
     emergencies or the future.
       (2) Personal debt levels and bankruptcy filing rates are 
     high and savings rates are at their lowest levels in 70 
     years. In 2005, the savings rate was negative. The inability 
     of many households to budget, save, and invest prevents them 
     from laying the foundation for a secure financial future.
       (3) Financial planning can help families meet near-term 
     obligations and maximize their longer-term well being, 
     especially valuable for populations that have traditionally 
     been underserved by our financial system.
       (4) Economic and financial education can give individuals 
     the necessary financial tools to create household budgets, 
     initiate savings plans, and acquire assets.
       (5) Economic and financial education can prevent vulnerable 
     customers from becoming entangled in financially devastating 
     credit arrangements.
       (6) Economic and financial education that addresses abusive 
     lending practices targeted at specific neighborhoods or 
     vulnerable segments of the population can prevent 
     unaffordable payments, equity stripping, and foreclosure.
       (7) Economic and financial education speaks to the broader 
     purpose of the TANF Program to equip individuals with the 
     tools to succeed and support themselves and their families in 
     self-sufficiency.
       (b) Purposes.--The purposes of this Act are the following:
       (1) To promote economic and financial literacy among 
     individuals receiving assistance under Temporary Assistance 
     for Needy Families programs funded under part A of title IV 
     of the Social Security Act (42 U.S.C. 601 et seq.) by 
     permitting States to include economic and financial literacy 
     education that is provided directly to individuals as a work 
     activity under such programs.
       (2) To provide individuals receiving assistance under 
     Temporary Assistance for Needy Families programs funded under 
     part A of title IV of the Social Security Act (42 U.S.C. 601 
     et seq.) with the skills and knowledge needed to effectively 
     address personal financial matters and to make financial 
     choices that will lead such individuals toward becoming 
     financially self-sufficient.

     SEC. 3. REQUIREMENT TO PROMOTE ECONOMIC AND FINANCIAL 
                   EDUCATION UNDER TANF.

       (a) State Plan Requirement.--Section 402(a)(1)(A) of the 
     Social Security Act (42 U.S.C. 602(a)(1)(A)) is amended by 
     adding at the end the following new clause:
       ``(vii) Establish goals and take action to promote economic 
     and financial education in accordance with a program 
     established under section 404(l) among parents and caretakers 
     receiving assistance under the program through collaboration 
     with community-based organizations, financial institutions, 
     business entities, the Financial Literacy and Education 
     Commission established under section 513 of the Fair and 
     Accurate Credit Transactions Act of 2003 (20 U.S.C. 9702) and 
     departments and agencies that are members of such Commission, 
     including the Department of Agriculture, the Securities and 
     Exchange Commission, and the Board of Governors of the 
     Federal Reserve System.''.
       (b) Program Requirements.--Section 404 of the Social 
     Security Act (42 U.S.C. 604) is amended by adding at the end 
     the following new subsection:
       ``(l) Economic and Financial Education.--
       ``(1) In general.--Subject to the succeeding paragraphs of 
     this subsection, a State to which a grant is made under 
     section 403--
       ``(A) shall use the grant or State funds that are qualified 
     State expenditures (as defined in section 409(a)(7)(B)(i)) to 
     establish a program to provide economic and financial 
     education directly for parents and caretakers receiving 
     assistance under the State program funded under this part; 
     and
       ``(B) may count a parent's or caretaker's hours of 
     participation in such program as being engaged in work for 
     purposes of determining monthly participation rates under 
     section 407(b)(1)(B)(i).
       ``(2) Requirements.--A State shall ensure that the economic 
     and financial literacy activities conducted under the program 
     established under this subsection--
       ``(A) are accessible to the target population through 
     curriculum geared to the general literacy level of the 
     participants;
       ``(B) provide relevant and practical information to 
     participants;
       ``(C) include a direct delivery component; and
       ``(D) to the extent practicable, are conducted in 
     conjunction with an asset building program conducted in the 
     State.
       ``(3) Collaboration with nongovernmental or nonprofit 
     organizations encouraged.--In carrying out economic and 
     financial education activities under a program established 
     under this subsection, a State is encouraged to collaborate 
     with nongovernmental or nonprofit organizations with a proven 
     record of educating the public, especially at-risk 
     populations, regarding economic and financial literacy.
       ``(4) Evaluation.--A State shall conduct an evaluation of 
     the economic and financial literacy program established under 
     this subsection not less than once every 3 years for the 
     purpose of--
       ``(A) monitoring the number of parents and caretakers 
     served under the program;
       ``(B) improving program administration;
       ``(C) facilitating replication and expansion of best 
     practices;

[[Page S9124]]

       ``(D) assessing behavioral changes of participants; and
       ``(E) assessing asset accumulation of participants.
       ``(5) Definition of economic and financial education.--In 
     this subsection, the term `economic and financial education' 
     means education that--
       ``(A) promotes an understanding of consumer, economic, and 
     personal finance concepts, including basic economic concepts 
     such as supply and demand and opportunity cost, as well as 
     basic financial literacy concepts such as budgeting and money 
     management, saving, retirement planning, maintaining good 
     credit, and the avoidance of predatory lending and financial 
     abuse schemes; and
       ``(B) is based on recognized standards for economic and 
     financial education.''.
       (c) Effective Date.--
       (1) In general.--Except as provided in paragraph(2), the 
     amendments made by this section take effect on October 1, 
     2006.
       (2) Exception.--In the case of a State plan under part A of 
     title IV of the Social Security Act which the Secretary of 
     Health and Human Services determines requires State 
     legislation in order for the plan to meet the additional 
     requirements imposed by the amendments made by this Act, the 
     effective date of the amendments imposing the additional 
     requirements shall be 3 months after the first day of the 
     first calendar quarter beginning after the close of the first 
     regular session of the State legislature that begins after 
     the date of enactment of this Act. For purposes of the 
     preceding sentence, in the case of a State that has a 2-year 
     legislative session, each year of the session shall be 
     considered to be a separate regular session of the State 
     legislature.
                                 ______
                                 
      By Mr. MARTINEZ (for himself and Mr. Cornyn):
  S. 3864. A bill to amend part A of title I of the Elementary and 
Secondary Education Act of 1965 to improve supplemental educational 
services, and for other purposes; to the Committee on Health, 
Education, Labor, and Pensions.
  Mr. MARTINEZ. Mr. President, today I rise to discuss a topic that 
will always have incredible meaning to American families: educating our 
children. We all want what is best for our children, and we all want to 
make sure that we provide them with the tools that they need to succeed 
in tomorrow's workforce.
  While there are many different components to our education system 
here in America, today I want to concentrate on a particular point of 
concern, an area where, with some improvement, can be a key tool 
ensuring that our children are meeting their educational goals.
  Today, along with Senator John Cornyn of Texas, I rise to introduce 
the Raising Achievement through Improving Supplemental Education Act of 
2006--or the RAISE Act for short.
  The RAISE Act seeks to improve the Supplemental Educational Services, 
SES, program and clears the way for this program to become well-known, 
widely available, and easily accessible to eligible students.
  It seeks to broaden eligibility requirements and prioritization of 
the program, and to target all low-performing students regardless of 
income status.
  Let me take a step back and talk about the Supplemental Education 
Service program, or SES program, for those who might not be familiar 
with it.
  SES was implemented as part of No Child Left Behind and designed to 
be an innovative tool to help meet the academic needs of low-income 
students attending continuously failing schools.
  The No Child Left Behind Act requires school districts to utilize 20 
percent of their Federal funds for after-school tutoring programs at 
consistently failing schools.
  Under this program, low-income parents can choose free private 
tutoring from the provider of their choice. School districts then use 
their 20 percent allocation to pay the providers for their tutoring 
services. Any part of these funds that are not used for tutoring can be 
transferred into other district programs.
  By providing direct tutoring after school, the SES program can help 
students who are behind catch up with their peers. This in turn also 
improves the overall school performance.
  While the intent of the SES program has been pure, there have been 
numerous shortfalls nationwide--these shortfalls have much to do with a 
lack of implementation which the RAISE Act would seek to correct.
  For example, in the 2003-2004 school year, only 17 percent of the 
eligible 1.4 million students participated in SES programs. That means 
that hundreds of thousands of children are not being provided with 
tutoring help where funding has already been set aside for that 
purpose.
  Some parents reported that they did not sign up because they lacked 
the transportation to get their students to the providers, the 
providers were not tutoring on-site at the schools. Also, there were 
some conflicts with other, better established after-school programs.
  States have reported that many school districts with low turnout have 
failed to communicate with parents or implement the program in a way 
that ensures its success. The reports further indicate that some of the 
districts have openly undermined the program in letters to parents.
  In my own State of Florida for instance, one county sent a letter 
home to parents this past April about the SES services that would be 
provided for the current school year that sent quite a mixed signal.
  The letter stated that although parents might be able to secure SES 
program assistance for their children, the district believed that the 
funds could be better spent elsewhere and went as far to, quote 
unquote, ``strongly urge parents'' not to utilize their SES and school 
choice options under No Child Left Behind.
  So, what we are seeing is that with all the good intentions behind 
the SES program, we are having some problems with implementation.
  In Florida, we have already implemented SES improvements. As a 
result, Florida will see a higher SES program success rate, stronger 
guidelines, and better State oversight.
  Many of the provisions of the RAISE Act are modeled after the 
successes already occurring in my home State.
  In our school districts where SES programs are thriving, good 
communication with both parents and providers has been emphasized, as 
well as access to on-site tutoring at school facilities.
  One prominent Florida-based example is the SES program in Marion 
County, located in central Florida. Schools there have utilized all 
their funds to maximize student enrollment, which also increases the 
program's chances of greater overall success.
  Other good examples of SES program progress include Escambia County, 
Florida, where the city of Pensacola is located--to best utilize their 
SES dollars, they hosted a successful summer tutoring program.
  School Districts in the Palm Beach and Miami-Dade areas have SES 
programs that bode well on a national level for the strong parental 
outreach efforts they have instituted, which enable all eligible 
students the ability to enroll in SES.
  In Hillsborough County, FL--where Tampa is located--their success 
with SES enrollment brought the U.S. Department of Education to grant 
the district a special provision, whereby they can provide SES tutoring 
in addition to the private providers that most of the money is 
allocated for.
  This will allow Hillsborough County to make SES available to more 
students, and I look forward to seeing what their efforts bring.
  The RAISE Act will help make possible nationwide the kind of SES 
program success we have experienced in Florida. This success will come 
about because of stricter implementation standards and program 
overview.
  Another important component of the RAISE Act is eligibility for SES. 
Currently, SES targets low-income, low-performing students.
  I think we should be targeting all low-performing students, 
regardless of income status.
  By overlooking many middle-class families who do not have the money 
to put their children into private tutoring or after-school programs, 
many of those children are falling through the cracks.
  This bill is meant to ensure that all of our low-performing students 
have an opportunity to succeed academically.
  We are going to help out those in need such as Ms. Carla Garcia of 
Gibsonton, FL--a part of Hillsborough County. She is a single mother 
struggling to provide her family with the basics.
  She does not qualify for the low-income programs at her school, so 
her

[[Page S9125]]

son is not currently eligible for SES services even though he is 
falling behind academically.
  Ms. Garcia strongly believes that if her son was able to receive 
tutoring under SES, he would be better able to excel and perform at 
grade level.
  Under the RAISE Act, Ms. Garcia would be able to receive SES services 
for her son--as would many other parents for their children--because my 
bill would make SES tutoring available to all students who are 
struggling to meet grade level proficiency.
  The RAISE Act aims to make sure that every child in the school yard 
has an equal opportunity at scholastic growth and advancement.
  So, to summarize: The RAISE Act will require better parental 
notification of eligibility and program availability; we streamline the 
application and registration process; and we level the playing field--
making school facilities as available for tutoring as they are for 
other after-school activities.
  The RAISE Act will broaden eligibility requirements and 
prioritization. Right now SES targets low-income, low-performing 
students; I think we ought to target all low-performing students, 
regardless of income status.
  In Florida, we have already implemented SES improvements. As a 
result, Florida's SES program has stronger guidelines and better State 
oversight. Many of the provisions of the RAISE Act are modeled after 
the successes already occurring in the state of Florida.
  The RAISE Act will provide the guidance and tools states and school 
districts need to increase participation and produce results. Stronger 
coordination, communication, and guidance will make SES programs more 
effective.
  The RAISE Act will help raise the success of all students, in turn 
raising the academic achievement of our schools. The Act was developed 
in consultation with school administrators, state education officials, 
and non-profit and research groups. This is a nationwide imperative and 
I urge my colleagues to support this innovative set of reforms.
  Let us continue to make improvements to the success that is No Child 
Left Behind, by providing the necessary funding, regulation, and 
implementation of Supplemental Educational Services across this great 
land.
  Together, we can make the RAISE Act a reality and improve the 
academic lives of countless American schoolchildren.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3864

       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 ``Raising Achievement through 
     Improving Supplemental Education Act of 2006'' or the ``RAISE 
     Act''.

     SEC. 2. REFERENCES.

       Except as otherwise expressly provided, whenever in this 
     Act an amendment or repeal is expressed in terms of an 
     amendment to, or a repeal of, a section or other provision, 
     the reference shall be considered to be made to a section or 
     other provision of the Elementary and Secondary Education Act 
     of 1965 (20 U.S.C. 6301 et seq.).

     SEC. 3. SUPPLEMENTAL EDUCATIONAL SERVICES AFTER THE FIRST 
                   YEAR OF IDENTIFICATION FOR SCHOOL IMPROVEMENT.

       Section 1116 (20 U.S.C. 6316) is amended--
       (1) in subsection (b)--
       (A) in paragraph (1), by adding at the end the following:
       ``(G) Supplemental educational services.--In the case of a 
     school identified for school improvement under this 
     paragraph, the local educational agency shall make 
     supplemental educational services available consistent with 
     subsection (e)(1).''; and
       (B) in paragraph (5)(B), by inserting ``continue to'' after 
     ``shall''; and
       (2) in subsection (e)(1), by inserting ``(1),'' after ``in 
     paragraph''.

     SEC. 4. PRIORITIZING FUNDS.

       Section 1116(b)(10)(C) (20 U.S.C. 6316(b)(10)(C)) is 
     amended--
       (1) by striking ``funds.--If'' and inserting ``funds.--
       ``(i) Priority.--Subject to clause (ii), if'';
       (2) by striking ``local educational agency shall give 
     priority'' and all that follows through the period at the end 
     and inserting ``local educational agency shall give 
     priority--

       ``(I) first, to eligible children who are low-income and 
     low-performing, as described in clauses (i) and (ii) of 
     subsection (e)(13)(A);
       ``(II) second, to low-performing eligible children; and
       ``(III) third, to low-income eligible children.''; and

       (3) by adding at the end the following:
       ``(ii) Documentation.--A local educational agency may only 
     prioritize in accordance with clause (i) after the local 
     educational agency makes available to the State educational 
     agency documentation providing clear and convincing evidence 
     that the funds available to provide supplemental educational 
     services under subsection (e) are insufficient to meet the 
     actual demand by parents of eligible children for the 
     services, as demonstrated by satisfying the requirements of 
     paragraph (2).''.

     SEC. 5. LOCAL EDUCATIONAL AGENCY RESPONSIBILITIES.

       Section 1116(e)(2) (20 U.S.C. 6316(e)(2)) is amended--
       (1) in subparagraph (A), by striking ``at a minimum, 
     annual'' and inserting ``at a minimum, at the times specified 
     under subparagraph (B)(i),'';
       (2) by redesignating subparagraphs (B), (C), and (D) as 
     subparagraphs (E), (F), and (H), respectively;
       (3) by inserting after subparagraph (A) the following:
       ``(B) establish a streamlined opportunity for eligible 
     children to acquire supplemental educational services under 
     this subsection, which shall include--
       ``(i) notifying eligible children served by the local 
     educational agency and their parents of the child's 
     eligibility for supplemental educational services--

       ``(I) not later than 30 days after the local educational 
     agency obtains data from the State educational agency 
     indicating that the school serving the child is identified 
     for school improvement under section 1116(b)(1);
       ``(II) not later than 30 days after the first day of 
     classes at the school for a school year; and
       ``(III) not later than 30 days before requesting the 
     reallocation of unused funds reserved for supplemental 
     educational services under subsection (b)(10)(A);

       ``(ii) holding not less than 2 opportunities for parents of 
     eligible children to register and select a provider 
     simultaneously through the one-step process described in 
     subparagraph (C); and
       ``(iii) using, as the application for supplemental 
     educational services under this section, the State 
     application developed under paragraph (4)(F);
       ``(C) create a streamlined, one-step parent registration 
     and provider selection process that--
       ``(i) does not place an undue burden on parents that may 
     result in the decreased participation of eligible children in 
     supplemental educational services under this subsection;
       ``(ii) provides notice to the parents of the process for 
     receiving supplemental educational services under this 
     subsection;
       ``(iii) obtains the parent's permission to release 
     assessment data regarding the eligible child to the provider 
     selected by the parent;
       ``(iv) is as simple as possible and is in the parent's 
     native language, where possible; and
       ``(v) provides each provider with the names and contact 
     information of the eligible children whose parents have 
     selected the provider for such services in a timely manner;
       ``(D) make every effort, in carrying out the duties of the 
     local educational agency under this paragraph--
       ``(i) to increase the participation of eligible children in 
     supplemental educational services under this subsection; and
       ``(ii) to fully utilize the funds available under 
     subsection (b)(10)(A)(ii) for providing such services to 
     eligible children;'';
       (4) in subparagraph (F) (as redesignated by paragraph (2)), 
     by striking ``; and'' and inserting ``, based on the 
     priorities described in subsection (b)(10)(C)(i);''; and
       (5) by inserting after subparagraph (F) (as redesignated by 
     paragraph (2)) the following:
       ``(G) provide approved providers with access to school 
     facilities on the same basis as other after-school and extra-
     curricular programs (including programs operated or overseen 
     by the local educational agency) seeking access to the school 
     facility; and''.

     SEC. 6. PROVIDER AND LEA AGREEMENT.

       Section 1116(e)(3) (20 U.S.C. 6316(e)(3)) is amended--
       (1) by redesignating subparagraphs (A) through (E) as 
     subparagraphs (B) through (F), respectively;
       (2) in the matter preceding subparagraph (B) (as 
     redesignated by paragraph (1)), by striking ``In the case'' 
     and all that follows through ``Such agreement shall--'' and 
     inserting ``In the case of an approved provider selected by a 
     parent, the local educational agency shall enter into a 
     written agreement with such provider, not later than 45 days 
     after the first day of the school year or 45 days after the 
     selection by the parent, whichever occurs later. Such 
     agreement shall--
       ``(A) require that the provider be available to begin 
     providing supplemental educational services under this 
     subsection not later than 20 days after both parties receive 
     the names and contact information described in paragraph 
     (2)(C)(v);''; and
       (3) in subparagraph (B) (as redesignated by paragraph 
     (1))--
       (A) by striking ``local educational agency'' and inserting 
     ``provider''; and

[[Page S9126]]

       (B) by striking ``the provider chosen by the parents'' and 
     inserting ``the local educational agency''.

     SEC. 7. STATE EDUCATIONAL AGENCY RESPONSIBILITIES.

       Section 1116(e)(4) (20 U.S.C. 6316(e)(4)) is amended--
       (1) in subparagraph (E)--
       (A) by striking the period and inserting a semicolon; and
       (B) by redesignating subparagraph (E) as subparagraph (F);
       (2) in subparagraph (D)--
       (A) by striking ``and'' after the semicolon; and
       (B) by redesignating subparagraph (D) as subparagraph (G) 
     and moving the subparagraph so that the subparagraph follows 
     subparagraph (F) (as redesignated by paragraph (1)(B));
       (3) by inserting after subparagraph (C) the following:
       ``(D) notify each local educational agency within the State 
     that is required to provide supplemental educational services 
     under this subsection for a school year not later than the 
     June 1st preceding the commencement of the school year, or if 
     the June 1st deadline is not possible, with as much advance 
     notice before the first day of the school year as possible;
       ``(E) include on the State educational agency's Internet 
     website a standard, downloadable application form for local 
     educational agencies and parents to utilize in applying for 
     and providing supplemental educational services under this 
     subsection;''; and
       (4) by adding at the end the following:
       ``(H) provide a valid and reliable evaluation of providers 
     that--
       ``(i) is consistent with relevant, nationally-recognized 
     professional and technical standards;
       ``(ii) records the gains of individual students by showing 
     improvement attributable per hour of supplemental educational 
     services instruction under this subsection (especially for 
     students whose academic achievement level is several grades 
     below grade level);
       ``(iii) isolates the effects of supplemental educational 
     services under this subsection from other possible variables 
     that might affect a student's academic achievement;
       ``(iv) coordinates the collection of qualitative data on 
     parental satisfaction with the supplemental educational 
     services of the provider under this subsection, and the 
     reasons for such level of satisfaction; and
       ``(v) may exclude from the evaluation those students who 
     attend less than 80 percent of the total hours of 
     supplemental educational services scheduled for the student;
       ``(I) establish safeguards against potential conflicts of 
     interest when a local educational agency applies to be, or 
     becomes, a provider of supplemental educational services 
     under this subsection, and provide monitoring and evaluation 
     of the local educational agency's performance as a provider; 
     and
       ``(J) prohibit local educational agencies from 
     reprogramming any portion of the supplemental educational 
     services funds described in subsection (b)(10)(A)(ii) for a 
     fiscal year for other purposes, unless the local educational 
     agency provides to the State educational agency clear and 
     convincing evidence, as determined by the State educational 
     agency, that--
       ``(i) the parents of all eligible children in schools 
     served by the local educational agency have been notified in 
     good faith of the availability of supplemental educational 
     services under this subsection;
       ``(ii) the local educational agency is meeting all actual 
     demand from parents for supplemental educational services 
     under this subsection, as determined by whether the local 
     educational agency has opened enrollment for supplemental 
     educational services under this section, on a monthly basis, 
     after the initial enrollment, to parents of all eligible 
     children without restriction until all funds available to 
     provide supplemental educational services under subsection 
     (b)(10)(A)(ii) are expended; and
       ``(iii) the local educational agency is able to meet any 
     likely future demand for supplemental educational services 
     for the school year for which the determination is made.''.

     SEC. 8. CRITERIA FOR PROVIDERS.

       Section 1116(e)(5) (20 U.S.C. 6316(e)(5)) is amended--
       (1) by redesignating subparagraphs (C) and (D) as 
     subparagraphs (E) and (F), respectively; and
       (2) by inserting after subparagraph (B) the following:
       ``(C) Offer no incentives for the purpose of enticing 
     eligible children or their parents to select the provider for 
     supplemental educational services under this subsection.
       ``(D) Offer an incentive to an eligible child only if--
       ``(i) the purpose of the incentive is to encourage the 
     eligible child's performance or attendance; and
       ``(ii) the value of the incentive is not more than 5 
     percent of the per-pupil amount for supplemental educational 
     services described in paragraph (6)(A), as calculated for the 
     local educational agency serving the student.''.

     SEC. 9. SPECIAL RULE FOR INEFFECTIVE LEA'S.

       Section 1116(e)(11) (20 U.S.C. 6316(e)(11)) is amended--
       (1) by striking ``rule.--If'' and inserting ``rules.--
       ``(A) State educational agency role.--If''; and
       (2) by adding at the end the following:
       ``(B) Local educational agency role.--
       ``(i) In general.--If a State educational agency determines 
     that the local educational agency is not able, or is too 
     unreliable, to carry out the local educational agency's 
     responsibilities under paragraph (2), or if there is a 
     conflict of interest due to the local educational agency 
     becoming a provider, the State educational agency may, from 
     amounts described in clause (ii), enter into a contract or 
     cooperative agreement with a nonprofit organization to enable 
     the nonprofit organization to carry out such responsibilities 
     with respect to the eligible children served by the local 
     educational agency.
       ``(ii) Reallocation of funds.--

       ``(I) In general.--In order to carry out clause (i) with 
     respect to a local educational agency, the State educational 
     agency shall reserve and utilize, from the funds allocated to 
     the local educational agency under subpart 2, an amount equal 
     to fifteen percent of such funds.
       ``(II) Administrative costs.--A total of not more than 5 
     percent of the reserved amount described in subclause (I) may 
     be used for the administrative costs of the State educational 
     agency and the nonprofit organization.
       ``(III) Interaction with reserved funds.--In calculating 
     the amount spent by a local educational agency for the 
     purposes of subsection (b)(10), the amounts spent on behalf 
     of a local educational agency under this subparagraph shall 
     be included.''.

     SEC. 10. DEFINITION OF ELIGIBLE CHILD.

       Section 1116(e)(12)(A) (20 U.S.C. 6316(e)(12)(A)) is 
     amended to read as follows:
       ``(A) the term `eligible child' means a child--
       ``(i) from a low-income family, as determined by the local 
     educational agency for purposes of allocating funds to 
     schools under section 1113(c)(1); or
       ``(ii) who is low-performing, as demonstrated by a score of 
     below proficient in a required subject on the State student 
     academic assessment, as described in section 1111(b)(3)(A), 
     for the previous school year.''.

     SEC. 11. COORDINATION OF SUPPLEMENTAL EDUCATIONAL SERVICES 
                   WITH AFTER-SCHOOL CARE.

       Section 1116(e) of the Elementary and Secondary Education 
     Act of 1965 (20 U.S.C. 6316(e)) is further amended--
       (1) by redesignating paragraph (12) (as amended by section 
     10) as paragraph (13); and
       (2) by inserting after paragraph (11) the following:
       ``(12) Coordination with after-school programs.--The 
     Secretary shall develop, and provide guidance on the 
     implementation of, a model program for coordinating the 
     provision of supplemental educational services under this 
     subsection with the 21st century learning centers assisted 
     under part B of title IV.''.
                                 ______
                                 
      By Mr. BAUCUS:
  S. 3865. A bill to provide incentive for employers to hire service-
connected disabled veterans and to improve adjustment assistance and 
job-training transition for injured and disabled veterans, and for 
other purposes; to the Committee on Finance.
  Mr. BAUCUS. Mr. President, I wish to talk about one tribute we can 
make to the brave men and women who have put their lives on the line 
and returned home wounded. We need to ensure that those who have 
sacrificed for our country receive their due benefits. We need to see 
that they are taken care of when they return home.
  As of July 2006, nearly 20,000 members of our Armed Forces have been 
wounded in action in Operation Iraqi Freedom and Operation Enduring 
Freedom. Many of these soldiers are now permanently disabled. Of these 
brave soldiers who have been wounded, nearly 5,000 are members of the 
National Guard and Reserves. Our National Guard and Reserves are 
carrying a huge burden in our current conflicts abroad.
  Ninety-five percent of America's National Guard combat battalions and 
special operations have been mobilized since September 11, 2001.
  Many of these wounded soldiers come from rural States such as my home 
State of Montana. In Montana, we have the highest proportion of 
veterans per capita of any State. According to the most recent census, 
veterans account for nearly one out of every six people in Montana. And 
veterans and families of veterans constitute a significant portion of 
the population in rural States throughout the country.
  When not deployed, many National Guardsmen and reservists in my home 
State support their families with second and even third jobs. At any 
time, they can be deployed overseas, to our borders, or even to aid 
with national disasters such as hurricanes or forest fires. If they are 
injured or disabled, however, many become unable to perform the jobs 
they did before deployment. They will need to transition into

[[Page S9127]]

a new job or career. It is our duty to provide the proper means for 
soldiers to make that transition. It is our duty to help them to live 
as independent citizens. It seems that the opposite is true.
  Since August 2002, the share of veterans collecting unemployment 
insurance has nearly doubled. During any given year, half a million 
veterans across the Nation experience homelessness. We are not 
providing enough resources for veterans looking for work. We are too 
often failing our injured and our disabled veterans.
  Many seriously injured and disabled veterans simply do not know what 
they are going to do once they return home. We need to help these young 
men and women. That is why today I offer a special tribute.
  Today I am introducing the Help Our Patriots Employment Act of 2006, 
and I call it the HOPE Act. The HOPE Act would provide a tax incentive 
to employers to hire service-connected disabled veterans, and the HOPE 
Act would increase funding for job training transition services for 
injured and disabled veterans.
  The work opportunity and the welfare-to-work tax credits expired at 
the end of 2005. We all hope these credits can be extended soon. They 
have gone without extension for too long now. In addition, I introduced 
legislation that would permanently extend and improve upon the work 
opportunity and welfare-to-work tax credits.
  My HOPE Act provides employers with a graduated tax credit equal to 
25 percent of wages for disabled veterans working between 120 hours and 
399 hours, and a 40-percent tax credit on wages for disabled veterans 
working more than 400 hours, on up to $12,000 in wages per employee. In 
addition to this tax credit for businesses, my bill would increase 
funding for the Veterans' Employment and Training Service Program, the 
VETS Program, under the Department of Labor.
  In my home State of Montana, the VETS Program has two staff members 
to cover the entire State. Montana covers more than 145,000 square 
miles. It is simply not possible for this essential program to reach 
every veteran who needs career help--not with two people.
  For many injured veterans, it will be a long journey simply to get 
back on their feet. My legislation will not address all their needs, 
but it will help. One thing is clear: This problem is not going away. 
It is getting worse. That is why we need to make sure we are doing 
everything we can to help injured and disabled veterans.
  These heroes have given so much for our country--so much. They have 
sacrificed so much on the battlefield. They return to a life much 
different from the one they left. We need to ensure they are given the 
resources to transition and succeed in life when they return home.
  Mr. President, let me close where I began. Let me honor those who 
have made the ultimate sacrifice for our country. I close by reading 
the names of those from Montana who have died fighting for our country 
since September 11:
  PVT Krostofor Stonesifer, SGT Michael Bews, LT Edward Saltz, PVT Owen 
Witt, LTC Benjamin Watson, CPL Dean Pratt, CPL Kane Funke, SGT Aaron 
Holleyman, CPL Nathan Wood, SGT Robbie McNary, CPL Bill Ellingham, CPL 
Josh Timmerman, SGT Jack Tankersly, CPL Steve Slavik, CPL Nicholas 
Bloem, LT Josh Hyland, SGT Travis Arndt, PVT Andrew Bedard, CPT Michael 
MacKinnon, CPL Raleigh Smith, and CPL Phillip Baucus.
  May their memory be a blessing in the lives of all of our families. 
May our Nation never forget their sacrifice. And may we always honor 
those who have fought to defend our freedom.
                                 ______
                                 
      By Mr. AKAKA (for himself, Mr. Lautenberg, Ms. Stabenow, Mr. 
        Sarbanes, and Mr. Baucus):
  S. 3866. A bill to establish a grant program to enhance the economic 
and financial literacy of midlife and older Americans so as to enhance 
their retirement security and to reduce financial abuse and fraud among 
such Americans, and for other purposes; to the Committee on Health, 
Education, Labor, and Pensions.
  Mr. AKAKA. Mr. President, today, I am introducing the Education for 
Retirement Security Act of 2006, with my colleagues Senators 
Lautenberg, Stabenow, Sarbanes and Baucus. I thank our former 
colleague, Senator Corzine, for initiating this important financial and 
economic literacy bill, of which I had been an original cosponsor. This 
bill is a product of revisions suggested by the Jump$tart Coalition for 
Personal Financial Literacy and the American Savings and Education 
Council, as well as consultation with other community groups such as 
the National Association of Securities Dealers and National Council on 
Economic Education.
  Americans are not saving enough for retirement. Longer life spans, 
combined with low savings and high consumer debt, are putting many mid-
life and older Americans on the path to entering retirement years with 
a lower quality of life, delaying their retirement to catch up with 
inadequate savings, or becoming a significant financial burden on their 
loved ones. In 2005, only 42 percent of workers or their spouses 
calculated the amount they needed to save for retirement a major 
decrease from 53 percent in 2000. Only about half of working Americans 
are covered by a pension plan.
  Inadequacy of retirement nest eggs and other preparation for 
retirement will certainly impact the U.S. economy and government 
services, as we know that the number of older individuals in the U.S. 
is projected to more than double over the next 30 years, from 35 
million to 75 million people. We will inevitably see serious increases 
in long-term care and other health costs.
  Furthermore, individuals of questionable moral character are 
determined to erode older Americans' lifetime savings through fraud or 
aggressive marketing tactics selling unnecessary products or those with 
exorbitant and hidden fees. The Federal Trade Commission Identity Theft 
Data Clearinghouse reported that incidents of identity theft targeting 
individuals age 60 and older increase from 1,821 victims in 2000 to a 
startling 21,084 victims in 2004. More people in the U.S. should have 
basic competency in money management to avoid becoming victims of 
financial fraud and abuse.
  The Education for Retirement Security Act is intended to address both 
the lagging savings rate and increases in fraud and abuse by 
establishing a grant program to arm midlife and older individuals with 
critical information and knowledge. It would do this by authorizing a 
grant program similar in structure to one which has proven successful 
in the Excellence in Economic Education Act, which awards a grant to a 
national entity that provides subgrants to community organizations to 
carry out programs that enhance economic, financial, and retirement 
literacy, and reduce financial abuse and fraud among the target 
population. The national entity would evaluate subgrantees on the 
performance and effectiveness of their programs, identify best 
practices and programs for replication, and assess any behavioral 
change, including asset accumulation, made by program participants. The 
bill would also create a national training and technical assistance 
grant program toward creating and making available instructional 
materials and information promoting economic and financial education, 
and providing training and other related assistance to subgrantees.
  Economic and financial education can lead individuals to avoid scams 
and bad decisions about investments, mortgages, and pension plans, and 
ensure that they have access to tools they need to make sound financial 
decisions and prepare adequately for retirement. The limited timeframe 
that midlife and older Americans have in which to assess the realities 
of their individual circumstances, recover from bad economic choices, 
and benefit from more informed financial practices, makes critical the 
type of education that this bill would support.
  I thank my cosponsors for joining me in introducing this bill, and I 
urge other colleagues to support this legislation. I ask unanimous 
consent that the text of the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3866

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

[[Page S9128]]

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Education for Retirement 
     Security Act of 2006''.

     SEC. 2. FINDINGS.

       Congress finds the following:
       (1) Improving economic and financial literacy is a critical 
     and complex task for Americans of all ages.
       (2) Low levels of savings and high levels of personal and 
     real estate debt are serious problems for many households 
     nearing retirement.
       (3) Historically, Americans are living longer than ever 
     before. However, most Americans are retiring before the age 
     of 65.
       (4) Research suggests that many Americans are not prepared 
     to plan for their retirement and may have to work far longer 
     than they expect in order to be financially secure in 
     retirement.
       (5) In 2005, only 42 percent of workers or their spouses 
     calculated the amount they needed to save for retirement, 
     down from 53 percent in 2000.
       (6) Only 53 percent of working Americans have any form of 
     pension coverage. Three out of 4 women aged 65 or older 
     receive no income from employer-provided pensions.
       (7) The limited timeframe that midlife and older 
     individuals and families have to assess the realities of 
     their individual circumstances, to recover from 
     counterproductive choices and decisionmaking processes, and 
     to benefit from more informed financial practices, has 
     immediate impact and near-term consequences for Americans 
     nearing or of retirement age.
       (8) Research indicates that there are now 4 basic sources 
     of retirement income security. Those sources are social 
     security benefits, pensions and savings, healthcare insurance 
     coverage, and, for an increasing number of older individuals, 
     necessary earnings from working during one's retirement 
     years.
       (9) Over the next 30 years, the number of older individuals 
     in the United States is expected to double, from 35,000,000 
     to nearly 75,000,000, and long-term care costs are expected 
     to skyrocket.
       (10) Financial exploitation is the largest single category 
     of abuse against older individuals and this population 
     comprises more than \1/2\ of all telemarketing victims in the 
     United States.
       (11) The Federal Trade Commission (FTC) Identity Theft Data 
     Clearinghouse has reported that incidents of identity theft 
     targeting individuals older than the age of 60 increased from 
     1,821 victims in 2000 to 21,084 victims in 2004, an increase 
     of more than 11 times in number.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Alaska native corporation.--The term ``Alaska Native 
     Corporation'' has the same meaning as the term ``Native 
     Corporation'' under section 3 of the Alaska Native Claim 
     Settlement Act (43 U.S.C. 1602).
       (2) Economic and financial education.--The term ``economic 
     and financial education'' means education that--
       (A) promotes an understanding of consumer, economic, and 
     personal finance concepts, including--
       (i) basic economic concepts such as supply and demand and 
     opportunity cost; and
       (ii) basic financial literacy concepts such as the 
     importance of budgeting and money management, saving, 
     retirement planning, and maintaining good credit;
       (B) includes information regarding predatory lending and 
     financial abuse schemes; and
       (C) is based on recognized economic and financial education 
     standards.
       (3) Eligible area entity.--The term ``eligible area 
     entity'' means an entity that is--
       (A) a State agency, area agency on aging, Indian tribal 
     organization, Alaska Native Corporation, or Native Hawaiian 
     organization;
       (B) a nonprofit organization with a proven record of 
     providing--
       (i) services to midlife and older individuals;
       (ii) consumer awareness programs; or
       (iii) supportive services to low-income families; or
       (C) a partnership comprised of 2 or more entities described 
     in subparagraph (A) or (B).
       (4) Eligible entity.--The term ``eligible entity'' means a 
     national organization with substantial experience in the 
     field of economic and financial education.
       (5) Midlife.--The term ``midlife'', when used with respect 
     to an individual, means an individual aged 45 to 64 years.
       (6) Native hawaiian organization.--The term ``Native 
     Hawaiian organization'' means any organization that--
       (A) serves and represents the interests of Native 
     Hawaiians; and
       (B) has as a primary and stated purpose the provision of 
     services to Native Hawaiians.
       (7) Older.--The term ``older'', when used with respect to 
     an individual, means an individual aged 65 or older.
       (8) Secretary.--The term ``Secretary'' means the Secretary 
     of Health and Human Services.

     SEC. 4. PURPOSE AND GOALS.

       (a) Purpose.--The purpose of this Act is to promote 
     economic and financial literacy among midlife and older 
     individuals, and to reduce financial abuse and fraud among 
     such individuals, through providing assistance to 
     organizations for economic and financial education programs.
       (b) Goals.--The goals of this Act are--
       (1) to increase the knowledge of economic and financial 
     literacy among midlife and older individuals to enable the 
     individuals to make informed financial decisions; and
       (2) to reduce the amount of financial abuse and fraud among 
     midlife and older individuals.

     SEC. 5. GRANT PROGRAM TO ENHANCE ECONOMIC, FINANCIAL, AND 
                   RETIREMENT LITERACY AND REDUCE FINANCIAL ABUSE 
                   AND FRAUD AMONG MIDLIFE AND OLDER AMERICANS.

       (a) Program Authorized.--From amounts appropriated under 
     section 8, the Secretary is authorized to award a grant to a 
     national entity to enable the national entity to carry out 
     the subgrant program for economic and financial education 
     under section 6.
       (b) Application.--A national entity desiring a grant under 
     this section shall submit an application to the Secretary at 
     such time, in such form, and containing such information as 
     the Secretary may require, including a plan for continuing to 
     carry out the program under this section after the grant 
     expires.
       (c) Limitation on Administrative Costs.--A national entity 
     receiving a grant under this section may not use more than 5 
     percent of the total amount of the grant for each fiscal year 
     for the administrative costs of carrying out the program 
     under this section.
       (d) Evaluation.--The Secretary shall evaluate the programs 
     that receive grant funds under this section in order to judge 
     the performance of such programs.
       (e) Report.--For each fiscal year for which grants are 
     awarded under this section, the Secretary shall prepare and 
     submit to Congress a report on the program under this 
     section, which report shall include information from the 
     evaluation under subsection (d) and the evaluations under 
     section 6(e).

     SEC. 6. SUBGRANT PROGRAM TO ENHANCE ECONOMIC, FINANCIAL, AND 
                   RETIREMENT LITERACY AND REDUCE FINANCIAL ABUSE 
                   AND FRAUD AMONG MIDLIFE AND OLDER AMERICANS.

       (a) Subgrants Authorized.--A national entity that receives 
     a grant under section 5 shall use grant funds to award 
     subgrants to eligible area entities to enable the eligible 
     area entities to deliver economic and financial education 
     programs to midlife and older individuals who reside in local 
     communities, in order to--
       (1) enhance financial and retirement knowledge among such 
     individuals; and
       (2) reduce financial abuse and fraud, including 
     telemarketing, mortgage, and pension fraud, and identity 
     theft among such individuals.
       (b) Application.--An eligible area entity desiring a 
     subgrant under this section shall submit an application to 
     the national entity awarding the subgrants at such time, in 
     such form, and containing such information as the national 
     entity may require, including a plan for continuing the 
     programs assisted with subgrant funds under this section 
     after the subgrant expires.
       (c) Award Basis.--In awarding subgrants under this section, 
     a national entity shall--
       (1) give special consideration to eligible area entities 
     that are partnerships described in section 3(3)(C); and
       (2) give priority to programs previously funded by a 
     subgrant under this section that the Secretary judges 
     effective under the evaluation described in subsection 
     (e)(2)(A).
       (d) Limitation on Administrative Costs.--An eligible area 
     entity receiving a subgrant under this section may not use 
     more than 5 percent of the total amount of the subgrant in 
     each fiscal year for the administrative costs of carrying out 
     the program under this section.
       (e) Evaluation and Report.--
       (1) Establishment of performance measures.--A national 
     entity awarding subgrants under this section shall develop 
     measures to evaluate the programs that receive subgrant 
     funds.
       (2) Evaluation according to performance measures.--Applying 
     the performance measures developed under paragraph (1), a 
     national entity awarding subgrants under this section shall 
     evaluate the programs that receive subgrant funds in order 
     to--
       (A) judge the performance and effectiveness of such 
     programs;
       (B) identify which programs represent the best practices of 
     entities developing such programs for midlife and older 
     individuals;
       (C) identify which programs may be replicated; and
       (D) assess any behavioral change, as well as asset 
     accumulation, made by program participants.
       (3) Submission to congress.--For each fiscal year for which 
     a national entity awards subgrants under this section, the 
     national entity shall submit to the Secretary a report 
     containing--
       (A) a description of the status of the subgrant program 
     under this section;
       (B) a description of the programs provided with subgrant 
     funds under this section; and
       (C) the results of the evaluation of such programs under 
     paragraph (2).

     SEC. 7. NATIONAL TRAINING AND TECHNICAL ASSISTANCE PROGRAM.

       (a) Authority.--The Secretary is authorized to award a 
     grant to 1 or more eligible entities to--
       (1) create and make available instructional materials and 
     information that promote economic and financial education; 
     and
       (2) provide training and other related assistance regarding 
     the establishment of economic and financial education 
     programs to

[[Page S9129]]

     eligible area entities awarded a subgrant under section 6.
       (b) Application.--An eligible entity desiring a grant under 
     this section shall submit an application to the Secretary at 
     such time, in such form, and containing such information as 
     the Secretary may require.
       (c) Basis and Term.--The Secretary shall award a grant 
     under this section on a competitive, merit basis for a term 
     of 3 years.

     SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

       (a) Authorization.--There are authorized to be appropriated 
     to carry out this Act, $100,000,000 for each of the fiscal 
     years 2007 through 2010.
       (b) Limitation on Funds for Evaluation and Report.--The 
     Secretary may not use more than $500,000 of the amounts 
     appropriated under subsection (a) for each fiscal year to 
     carry out section 6(e).
       (c) Limitation on Funds for Training and Technical 
     Assistance.--The Secretary may not use less than 5 percent or 
     more than 10 percent of the amounts appropriated under 
     subsection (a) for each fiscal year to carry out section 7.
                                 ______
                                 
      By Mr. BOND (for himself and Mr. Talent):
  S. 3867. A bill to designate the Federal courthouse located at 555 
Independence Street, Cape Girardeau, Missouri, as the ``Rush H. 
Limbaugh, Sr., Federal Courthouse''; to the Committee on Environment 
and Public Works.
  Mr. BOND. Mr. President, I rise today to introduce legislation 
designating the new Federal Courthouse in Cape Girardeau, MO, as the 
Rush H. Limbaugh, Sr., Federal Courthouse.
  When people talk about the American Dream, the ``Spirit of America'' 
and the people who helped make this country great, all one really has 
to do is mention the name of the late Rush Hudson Limbaugh, Sr.
  Mr. Limbaugh led an extraordinary life in which he practiced law for 
almost 80 years until his death at age 104 in 1996. At the time of his 
death, Mr. Limbaugh was the Nation's oldest practicing lawyer and still 
came into work about twice a week at the law firm he founded over 50 
years before in Cape Girardeau, MO.
  Known by his peers as a superb trial lawyer with impeccable character 
and integrity, he was a beloved icon of the Missouri legal community, 
especially in southeast Missouri where he lived all his life.
  Born in 1891, on a small farm in rural Bollinger County, he was the 
youngest of eight children and attended school in a one room primary 
school house. It is said that a passion for the law first developed in 
Rush as a 10-year-old boy when a Daniel Webster oration that he 
memorized inspired him to become a lawyer. Fourteen years later, he 
began a legal career that lasted eight decades. Throughout those 80 
years, his interest in the law and his dedication to his clients never 
wavered.
  Rush paid his way through college at the University of Missouri at 
Columbia by working on the university farm and doing odd jobs such as 
carpentry, firing up furnaces, caring for animals and waiting tables. 
While in college, his oratory skills won him awards which he later 
utilized with great success in the courtroom.
  In 1914, he entered law school, and after two years, he skipped the 
third year and passed the Missouri Bar examination. In 1916, he was 
admitted into the Missouri Bar and his long distinguished legal career 
began in Cape Girardeau.
  Over his career, Rush argued more than 60 cases in front of the 
Missouri Supreme Court along with many prominent civil cases. He was a 
specialist in probate law and helped draft the 1955 Probate Code of 
Missouri. He also tried cases before the Interstate Commerce 
Commission, the U.S. Labor Board and the Internal Revenue Appellate 
Division.
  From 1955 through 1956, he was president of the Missouri Bar and 
later served as president of the State Historical Society of Missouri. 
In addition to this, Mr. Limbaugh was a leading member of numerous 
legal and civic organizations including the American Bar Association, 
the Missouri Bar Foundation, the Missouri Human Rights Commission, the 
Cape Girardeau Board of Education and the Salvation Army Advisory Board
  However, Rush's contributions were not just limited to Missouri. In 
the late 1950s, Rush served as a U.S. State Department special envoy to 
India where he promoted American jurisprudence and constitutional 
government among lawyers, judges and university students in that newly 
formed country. And in the 1960s, he served as chairman of the American 
Bar Association's special committee on the Bill of Rights.
  Rush was truly an inspiration and mentor to many aspiring lawyers, 
especially the ones in his own family. His two sons, Rush, Jr., and 
Steven, both practiced law with him for many years. His son, Steven N. 
Limbaugh, currently serves as a Senior Federal Judge in St. Louis. Four 
of his grandsons followed in his footsteps and pursued legal careers 
including his grandson Steven, Jr., who is now a Missouri Supreme Court 
Justice.
  Perhaps the best measure of Rush Hudson Limbaugh's legacy as a lawyer 
and as a human being comes from the praise and admiration of his peers 
in the legal community. ``A top notch allaround lawyer; the epitome of 
what a lawyer ought to be,'' said one colleague. ``A legend in his 
time,'' said another.
  However, his grandson Steven may have offered the best possible 
description of this great citizen: ``He was an extraordinary man, 
exemplary in every way, yet very humble. He was a lawyer's lawyer, a 
community servant and a gentle and kind man whose family was the very 
center of his life.''
  It is only fitting that the new Federal courthouse in Cape Girardeau, 
MO, be named after this great hero of American Jurisprudence.
  I ask unanimous consent that the text of this bill be printed in the 
Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3867

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. RUSH H. LIMBAUGH, SR., FEDERAL COURTHOUSE.

       (a) Designation.--The Federal courthouse located at 555 
     Independence Street, Cape Girardeau, Missouri, shall be known 
     and designated as the ``Rush H. Limbaugh, Sr., Federal 
     Courthouse''.
       (b) References.--Any reference in a law, map, regulation, 
     document, paper, or other record of the United States to the 
     Federal courthouse referred to in subsection (a) shall be 
     deemed to be a reference to the Rush H. Limbaugh, Sr., 
     Federal Courthouse.
                                 ______
                                 
      By Mr. INHOFE:
  S. 3868. A bill to amend the Clean Air Act to encourage the most 
polluted areas in the United States to attain clean air standards; to 
the Committee on Environment and Public Works.
  Mr. INHOFE. Mr. President, I ask unanimous consent that the Clean Air 
Attainment Enforcement Act be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3868

       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 ``Clean Air Attainment 
     Enforcement Act''.

     SEC. 2. IMPOSITION OF SANCTIONS.

       Section 179 of the Clean Air Act (42 U.S.C. 7509) is 
     amended--
       (1) in subsection (a), by striking ``For any 
     implementation'' and inserting ``Except as provided in 
     subsection (e), for any implementation''; and
       (2) by adding at the end the following:
       ``(e) Sanctions for Covered Areas.--
       ``(1) Definition of covered area.--In this subsection, the 
     term `covered area' means any area that is classified as--
       ``(A) a PM2.5 nonattainment area under--
       ``(i) the final rule entitled `Air Quality Designations and 
     Classifications for the Fine Particles (PM2.5) 
     National Ambient Air Quality Standards' (70 Fed. Reg. 944 
     (January 5, 2005)); or
       ``(ii) any final nonattainment designation promulgated 
     pursuant to the final version of the proposed rule entitled 
     `National Ambient Air Quality Standards for Particulate 
     Matter, Part II' (71 Fed. Reg. 2620 (January 17, 2006)); and
       ``(B) a Serious, Severe, or Extreme Area for ozone 
     nonattainment under the final rule entitled `Air Quality 
     Designations and Classifications for the 8-Hour Ozone 
     National Ambient Air Quality Standards; Early Action Compact 
     Areas With Deferred Effective Dates' (69 Fed. Reg. 23858 
     (April 30, 2004)).
       ``(2) Sanctions applicable to covered areas.--If a State in 
     which a covered area is located does not submit an 
     implementation plan in accordance with, or otherwise fails to 
     comply with, subsection (a)--
       ``(A) the Administrator shall not have the discretion to 
     select whether sanctions under paragraph (1) or (2) of 
     subsection (b) will be imposed on the covered area; and
       ``(B) the Administrator shall impose on the covered area 
     the highway and emission offset sanctions described in 
     paragraphs (1) and (2),

[[Page S9130]]

     respectively, of subsection (b), except that, with respect to 
     the emission offset requirements described in subsection 
     (b)(2), the ratio of emission reductions to increased 
     emissions applicable to the covered area shall be 5 to 1.''.

     SEC. 3. ENFORCEMENT FOR SELECT AREAS FOR FAILURE TO ATTAIN.

       (a) Ozone.--Section 185 of the Clean Air Act (42 U.S.C. 
     7511d) is amended--
       (1) by striking the section designation and heading and 
     inserting the following:

     ``SEC. 185. ENFORCEMENT FOR SELECT AREAS FOR FAILURE TO 
                   ATTAIN.'';

       (2) in the first sentence of subsection (a), by striking 
     ``Each implementation'' and inserting ``Except as provided in 
     subsection (f), each implementation''; and
       (3) by adding at the end the following:
       ``(f) Ozone Attainment in Covered Areas.--
       ``(1) Definitions.--In this subsection:
       ``(A) Attainment year.--The term `attainment year', with 
     respect to a covered area, means the calendar year during 
     which the covered area is required to attain the standard for 
     ozone described in the final rule.
       ``(B) Baseline quantity.--The term `baseline quantity' 
     means, for any attainment year, the lesser of--
       ``(i) the quantity of actual VOC or NOX  
     emissions of a stationary source; or
       ``(ii)(I) the quantity of VOC or NOX emissions 
     allowed under a permit applicable to a stationary source; or
       ``(II) if no such permit has been issued for the attainment 
     year, the quantity of those emissions allowed under the 
     applicable State implementation plan during the attainment 
     year.
       ``(C) Covered area.--The term `covered area' has the 
     meaning given the term in section 179(e).
       ``(D) Final rule.--The term `final rule' means the final 
     rule entitled `Air Quality Designations and Classifications 
     for the 8-Hour Ozone National Ambient Air Quality Standards; 
     Early Action Compact Areas With Deferred Effective Dates' (69 
     Fed. Reg. 23858 (April 30, 2004)).
       ``(2) Implementation plan revision.--
       ``(A) In general.--Each implementation plan revision 
     required under subsection (c), (d), or (e) of section 182 
     (relating to the attainment plans for Serious, Severe, and 
     Extreme Areas, respectively) shall--
       ``(i) provide that, if the area to which the plan revision 
     applies is a covered area, each major stationary source that 
     emits VOCs or NOx and that is located in the 
     covered area shall pay to the Administrator a fee in an 
     amount calculated under subparagraph (B) as a penalty for the 
     failure to attain the standard for ozone by the applicable 
     attainment date specified in the final rule; and
       ``(ii) include procedures for the assessment and collection 
     of those fees.
       ``(B) Amount of fee.--The amount of a fee paid under this 
     subsection for each ton of VOCs or NOX emitted by 
     a major stationary source in a covered area in nonattainment 
     during a calendar year in excess of 70 percent of the 
     baseline quantity shall be (based on classifications of 
     Serious, Severe, and Extreme Areas in effect as of December 
     31, 2006, and as adjusted annually in accordance with section 
     502(b)(3)(B)(v)) (relating to inflation adjustment)--
       ``(i) with respect to a ton of VOCs--

       ``(I) in a Serious Area, $10,000;
       ``(II) in a Severe Area, $20,000; and
       ``(III) in an Extreme Area, $30,000; and

       ``(ii) with respect to a ton of NOx, $5,000, 
     regardless of whether the NOX is emitted in a 
     Serious, Severe, or Extreme Area.
       ``(3) Penalties for failure to make progress toward 
     attainment in covered areas.--
       ``(A) In general.--Upon approval of a State implementation 
     plan that covers a covered area, and annually thereafter 
     until the applicable deadline by which the covered area is 
     required to achieve attainment, as specified in section 
     181(a) and as updated by the final rule, the Administrator 
     shall determine, in accordance with subparagraph (B), whether 
     the covered area is making progress that is sufficient to 
     enable the covered area to achieve attainment by that 
     deadline.
       ``(B) Determination of progress.--The Administrator shall 
     not determine under subparagraph (A) that a covered area is 
     making sufficient progress toward achieving attainment for 
     any calendar year unless the Administrator determines, at a 
     minimum, that the covered area has achieved a reduction in 
     the aggregate quantity of VOCs or NOX emitted in 
     the covered area for the calendar year that is equal to or 
     greater than the product obtained by multiplying--
       ``(i) the aggregate quantity, in tons, of the VOC or 
     NOX emission reductions, respectively, that are 
     required, during the period beginning on the date of the 
     determination by the Administrator and ending on the 
     applicable date referred to in subparagraph (A), to achieve 
     attainment; by
       ``(ii) the quotient obtained by dividing--

       ``(I) the number of months, rounded to the nearest month, 
     between the date of submission of the State implementation 
     plan applicable to the covered area and the date of the 
     determination by the Administrator; by
       ``(II) the number of months, rounded to the nearest month, 
     between the date of submission of that State implementation 
     plan and the applicable attainment date referred to in 
     subparagraph (A).

       ``(C) Imposition of penalties.--If the Administrator 
     determines under this paragraph that a covered area is not 
     making sufficient progress to enable the covered area to 
     achieve attainment by the applicable deadline referred to in 
     subparagraph (A), the Administrator shall--
       ``(i) for the first calendar year for which the 
     determination is made, impose on each major stationary source 
     located in the covered area a penalty in an amount that is 
     equal to 10 percent of the amount of the fee that, based on 
     whether the major stationary source is located in a Serious, 
     Severe, or Extreme Area, would be paid by the major 
     stationary source under paragraph (2)(B) for failure to meet 
     a national primary ambient air quality standard for ozone by 
     the deadline referred to in subparagraph (A); and
       ``(ii) for each subsequent calendar year until the deadline 
     referred to in subparagraph (A)--

       ``(I) reevaluate the progress being made by the covered 
     area toward achieving attainment by the deadline referred to 
     in subparagraph (A); and
       ``(II) if the Administrator determines that the covered 
     area is not making sufficient progress, impose on each major 
     stationary source located in the covered area a penalty in an 
     amount that is equal to the sum of the penalty imposed on the 
     same class (with respect to location in a Serious, Severe, or 
     Extreme Area) of major stationary source under clause (i) and 
     the product obtained by multiplying--

       ``(aa) 5 percent of the fee that, based on whether the 
     major stationary source is located in a Serious, Severe, or 
     Extreme Area, would be paid by the major stationary source 
     under paragraph (2)(B) for failure to meet a national primary 
     ambient air quality standard for ozone by the deadline 
     referred to in subparagraph (A); and
       ``(bb) the number of calendar years for which the covered 
     area has been previously determined not to have made 
     sufficient progress under this paragraph as of the date of 
     the determination by the Administrator (excluding the 
     determination for the current calendar year).
       ``(D) Suspension of penalties.--If the Administrator 
     determines under this paragraph that a covered area that was 
     determined not to be making sufficient progress toward 
     attainment under this paragraph for a preceding calendar year 
     is making sufficient progress toward attainment for the 
     current calendar year, the Administrator shall suspend the 
     imposition of penalties on major stationary sources located 
     in the covered area for the current calendar year.''.
       (b) Particulate Matter.--Section 188 of the Clean Air Act 
     (42 U.S.C. 7513) is amended by adding at the end the 
     following:
       ``(g) Particulate Matter Attainment in Covered Areas.--
       ``(1) Definitions.--In this subsection:
       ``(A) Attainment year.--The term `attainment year', with 
     respect to a covered area, means the calendar year during 
     which the covered area is required to attain the standard for 
     PM2.5 described in the final rules.
       ``(B) Baseline quantity.--The term `baseline quantity' 
     means, for any attainment year, the lesser of--
       ``(i) the quantity of actual PM2.5 emissions of 
     a stationary source; or
       ``(ii)(I) the quantity of PM2.5 emissions 
     allowed under a permit applicable to a stationary source; or
       ``(II) if no such permit has been issued for the attainment 
     year, the quantity of those emissions allowed under the 
     applicable State implementation plan during the attainment 
     year.
       ``(C) Covered area.--The term `covered area' has the 
     meaning given the term in section 179(e).
       ``(D) Final rules.--The term `final rules' means--
       ``(i) the final rule entitled `Air Quality Designations and 
     Classifications for the Fine Particles (PM2.5) National 
     Ambient Air Quality Standards' (70 Fed. Reg. 944 (January 5, 
     2005)); and
       ``(ii) the final version of the proposed rule entitled 
     `National Ambient Air Quality Standards for Particulate 
     Matter, Part II' (71 Fed. Reg. 2620 (January 17, 2006)).
       ``(E) PM2.5.--The term `PM2.5' means 
     particulate matter the aerodynamic diameter of which is less 
     than or equal to 2.5 micrometers.
       ``(2) Implementation plan revision.--
       ``(A) In general.--Each implementation plan revision 
     required under section 110 shall--
       ``(i) provide that, if the area to which the plan revision 
     applies is a covered area, each major stationary source that 
     emits PM2.5 and that is located in the covered 
     area shall pay to the Administrator a fee in an amount 
     calculated under subparagraph (B) as a penalty for the 
     failure to attain the standard for PM2.5 in the 
     final rules by the applicable attainment date specified in 
     the final rules; and
       ``(ii) include procedures for the assessment and collection 
     of those fees.
       ``(B) Amount of fee.--The amount of a fee paid under this 
     subsection for each ton of PM2.5 emitted by a 
     major stationary source in a covered area in nonattainment 
     during a calendar year in excess of 70 percent of the 
     baseline quantity shall be, as adjusted annually in 
     accordance with section 502(b)(3)(B)(v) (relating to 
     inflation adjustment), $50,000.
       ``(3) Penalties for failure to make progress toward 
     attainment in covered areas.--
       ``(A) In general.--Upon approval of a State implementation 
     plan that covers a covered area, and annually thereafter 
     until the applicable deadline by which the covered

[[Page S9131]]

     area is required to achieve attainment, as specified in the 
     final rules, the Administrator shall determine, in accordance 
     with subparagraph (B), whether the covered area is making 
     progress that is sufficient to enable the covered area to 
     achieve attainment by that deadline.
       ``(B) Determination of progress.--The Administrator shall 
     not determine under subparagraph (A) that a covered area is 
     making sufficient progress toward achieving attainment for 
     any calendar year unless the Administrator determines, at a 
     minimum, that the covered area has achieved a reduction in 
     the aggregate quantity of PM2.5 emitted in the 
     covered area for the calendar year that is equal to or 
     greater than the product obtained by multiplying--
       ``(i) the aggregate quantity, in tons, of the 
     PM2.5 emission reductions that are required, 
     during the period beginning on the date of the determination 
     by the Administrator and ending on the applicable date 
     referred to in subparagraph (A), to achieve attainment; by
       ``(ii) the quotient obtained by dividing--

       ``(I) the number of months, rounded to the nearest month, 
     between the date of submission of the State implementation 
     plan applicable to the covered area and the date of the 
     determination by the Administrator; by
       ``(II) the number of months, rounded to the nearest month, 
     between the date of submission of that State implementation 
     plan and the applicable attainment date referred to in 
     subparagraph (A).

       ``(C) Imposition of penalties.--If the Administrator 
     determines under this paragraph that a covered area is not 
     making sufficient progress to enable the covered area to 
     achieve attainment by the applicable deadline referred to in 
     subparagraph (A), the Administrator shall--
       ``(i) for the first calendar year for which the 
     determination is made, impose on each major stationary source 
     located in the covered area a penalty in an amount that is 
     equal to 10 percent of the amount of the fee that would be 
     paid by the major stationary source under paragraph (2)(B) 
     for failure to meet a national primary ambient air quality 
     standard for PM2.5 by the deadline referred to in 
     subparagraph (A); and
       ``(ii) for each subsequent calendar year until the deadline 
     referred to in subparagraph (A)--

       ``(I) reevaluate the progress being made by the covered 
     area toward achieving attainment by the deadline referred to 
     in subparagraph (A); and
       ``(II) if the Administrator determines that the covered 
     area is not making sufficient progress, impose on each major 
     stationary source located in the covered area a penalty in an 
     amount that is equal to the sum of the penalty imposed on the 
     same class of major stationary source under clause (i) and 
     the product obtained by multiplying--

       ``(aa) 5 percent of the fee that would be paid by the major 
     stationary source under paragraph (2)(B) for failure to meet 
     a national primary ambient air quality standard for 
     PM2.5 by the deadline referred to in subparagraph 
     (A); and
       ``(bb) the number of calendar years for which the covered 
     area has been previously determined not to have made 
     sufficient progress under this paragraph as of the date of 
     the determination by the Administrator (excluding the 
     determination for the current calendar year).
       ``(D) Suspension of penalties.--If the Administrator 
     determines under this paragraph that a covered area that was 
     determined not to be making sufficient progress toward 
     attainment under this paragraph for a preceding calendar year 
     is making sufficient progress toward attainment for the 
     current calendar year, the Administrator shall suspend the 
     imposition of penalties on major stationary sources located 
     in the covered area for the current calendar year.''.
                                 ______
                                 
      By Mrs. CLINTON:
  S. 3869. A bill to improve the quality of, and access to, 
supplemental educational services in effort to increase student 
achievement; to the Committee on Health, Education, Labor, and 
Pensions.
  Mrs. CLINTON. Mr. President, I rise today to introduce legislation to 
help ensure students attending low-performing schools have access to 
high quality tutoring programs. If enacted, The Improving Quality of 
and Access to Supplemental Educational Services, the IQ Act, would 
ensure that supplemental educational services, free tutoring offered 
through the No Child Left Behind Act, NCLB, are effective in and 
accountable for increasing student academic achievement.
  One of the many ways that NCLB aims to close the achievement gap is 
through the provision that allows low-income children attending poorly 
performing school to enroll in supplemental educational services, SES. 
These programs hold the promise of helping schools to increase student 
achievement by offering additional academic support for students in 
underperforming schools. Unfortunately, the scope of the impact of SES 
remains to be seen due to low student participation rates and lack of 
evaluation of supplemental educational services.
  Improving the quality of and access to these programs should be a 
shared responsibility between the Department of Education, State and 
local educational agencies, as well as the SES providers themselves. By 
working together we can create tutoring programs that truly supplement 
the instruction that students receive during regular school hours and 
allow for more time to master the educational standards set by the 
state.
  Unfortunately, few States have assessed SES providers on the basis of 
improving student achievement. A recent study by the GAO found that not 
a single State has produced a report that provides a conclusive 
assessment of providers' effect on student achievement. Without these 
State evaluations, students, parents and policymakers are blind as to 
which programs are effective in raising academic achievement and are 
therefore unable to replicate their success.
  I strongly believe that if NCLB holds our teachers and schools 
accountable for increasing student achievement, then we must also hold 
SES providers to similar accountability standards. That is why The IQ 
Act requires States to use their current standardized test to evaluate 
provider performance. This legislation also provides States with 
additional funding to improve their data systems to manage these 
evaluations with no additional cost to the taxpayer.
  Maximizing the full potential of SES will not only require consistent 
evaluation of provider performance to ensure quality, but also 
increasing the number of students participating in these services. 
Unfortunately, only 19 percent of eligible students participated in SES 
in the 2004-2005, an abysmally low turnout for programs that offer free 
after school tutoring. Many districts find challenges in providing 
services for students in rural schools and students with limited 
English proficiency or disabilities.
  Although there are many other factors that determine why parents and 
students are not participating in these services, The IQ Act will 
provide additional opportunities for more students to participate in 
these tutoring programs that fit the needs of all children. This 
legislation requires districts to supply a choice of providers for 
students with limited English proficiency, students with disabilities, 
and students in rural districts. If enacted, this bill would help 
States and school districts build capacity to effectively implement 
supplemental educational services.
  The Improving the Quality of and Access to Supplemental Educational 
Services Act is a positive step forward in providing more opportunities 
for students to participate in quality after school tutoring programs. 
I am hopeful that my Senate colleagues from both sides of the aisle 
will join me today to move this legislation to the floor without delay.
                                 ______
                                 
      By Mr. LAUTENBERG (for himself, Mrs. Clinton, Mr. Harkin, Mr. 
        Menendez, Mr. Reed, Mr. Durbin, Mr. Kennedy, and Mr. Leahy):
  S. 3872. A bill to prohibit cigarette manufacturers from making 
claims regarding tar or nicotine yield levels of cigarettes, and for 
other purposes; to the Committee on Commerce, Science, and 
Transportation.
  Mr. LAUTENBERG. Mr. President, I rise to introduce and discuss my 
bill, the ``Truth in Cigarette Labeling Act.'' I wish to thank my 
colleagues, Senators Clinton, Harkin, Menendez, Reed, Durbin, Kennedy 
and Leahy for co-sponsoring this important legislation.
  My bill bans the tobacco industry from using deceptive cigarette 
marketing terms such as ``light'' and ``low tar'' to imply health 
benefits and it prohibits cigarette manufacturers from making any 
claims based on the cigarette testing method established by the Federal 
Trade Commission called the ``FTC Method,'' which measures tar and 
nicotine yields.
  My legislation is consistent with the recent court ruling issued by 
U.S. District Judge Gladys Kessler. Kessler's ruling says cigarette 
manufacturers must stop labeling cigarettes as `'low tar'' or `'light'' 
or `'natural'' or with other `'deceptive brand descriptors which 
implicitly or explicitly convey to the smoker and potential smoker that 
they are less hazardous to health than full-flavor cigarettes.''

[[Page S9132]]

  The tobacco companies are appealing that ruling, which will likely 
tie it up in the courts for a while. This makes it necessary for 
Congress to act now and pass my bill.
  Many smokers switch to cigarette brands advertised as ``low tar'' or 
``light'' out of concern for their health, believing that such 
cigarettes are less risky or a step toward quitting. These claims are 
based on the FTC tar ratings, which are now known to be inaccurate in 
assessing the behavior of actual smokers. Some 85 percent of all 
smokers today smoke these so-called safer cigarettes.
  FTC officials admit the agency's test is flawed. Former FTC 
Commissioner Timothy Muris testified at a Senate Commerce Committee 
hearing on June 11, 2003, that the tar rating system is ``broken.'' The 
FTC has also published a warning to consumers called ``Up In Smoke: The 
Truth About Tar and Nicotine Ratings.'' This alert concludes that 
``cigarette tar and nicotine ratings can't predict the amount of tar 
and nicotine you get from any particular cigarette.'' It is absurd that 
the FTC permits a testing method that FTC officials admit is flawed.
  According to the National Cancer Institute, cigarette tar and 
nicotine yields as measured by the FTC Method don't give smokers a 
meaningful measure with regard to how much tar and nicotine they are 
likely to inhale from smoking a cigarette, and that marketing 
cigarettes as delivering lower amounts of tar using the FTC Method is 
deceptive to consumers.
  Not surprisingly, the tobacco companies have known since 1975 that 
this test doesn't work. The tobacco companies' internal documents show 
that people actually get more tar and the same amount of nicotine when 
they smoke light cigarettes than from smoking regular cigarettes. 
That's because smokers will inhale more deeply and/or frequently to 
draw out the nicotine they're addicted to.
  So, the FTC, the National Cancer Institute and the tobacco companies 
all agree that the FTC testing method doesn't work.
  And all the while, the tobacco companies have been taking advantage 
of this fact and using it to spike the nicotine yield in cigarettes and 
make them more addictive.
  A recently released report by the Massachusetts Department of Public 
Health shows that from 1998 through 2004 cigarette manufacturers 
increased the amount of addictive nicotine delivered to the average 
smoker by 10 percent. Of 179 cigarette brands tested in 2004, an 
astonishing 166 brands fell into the State's highest nicotine yield 
range, including 59 brands that the manufacturers had labeled ``light'' 
and 14 described as ``ultra-light.''
  The increase in nicotine levels went unnoticed because the standard 
government test--the flawed FTC Method--uses a smoking machine that 
fails to mimic real-life smoking behavior. A manufacturer, for example, 
can design a cigarette that will score low in nicotine delivery to the 
machine by placing tiny ventilation holes in the filter to dilute the 
smoke. But in real life, a smoker will often cover the vents with his 
or her lips or fingers, thereby inhaling a higher dose of nicotine.
  Everyone knows nicotine is a highly addictive drug. For tobacco 
companies to spike the amount nicotine at a time when States and the 
Federal Government are creating public health campaigns to curb smoking 
is absolutely deplorable.
  I used to smoke--a lot. Fortunately, my daughter, when she was a 
young girl, convinced me to quit. She said, ``Daddy, they told me at 
school that if you smoke, they will have to put a black box in your 
throat. I don't want you to get a black box in your throat.''
  From that day forward I quit.
  Across America, smokers--men, women, and kids--have their own reasons 
for quitting. I know it's tough to quit. But I want Americans to be 
healthy.
  ``Big Tobacco'' doesn't. They make their money off an addictive 
product that kills people. They have known for decades that their 
product is lethal. They need our kids sick and addicted to make a dime.
  When I came to the Senate, I was determined to do everything I could 
to protect Americans--especially our youth--from the dangers of 
tobacco. I'm proud to say that my work on tobacco control started long 
before it became a mainstream issue.
  I've been protecting Americans from Big Tobacco's lies since 1987, 
when I wrote the bill that banned smoking on planes. In 1989, I wrote 
the requirement that all federally-funded programs for children provide 
a smoke-free environment.
  Those laws changed our culture. Today, we'll try and change it again. 
I urge my colleagues to support my legislation and stop cigarette 
manufacturers from lying to the public.
  My legislation can help America's smokers kick the habit by putting 
out more of big tobacco's big lies. Tobacco-related illnesses kill over 
400,000 Americans every year. My bill can help save America $89 billion 
a year in health care costs. Most important, it can save people's 
lives.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3872

       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 ``Truth in Cigarette Labeling 
     Act of 2006''.

     SEC. 2. PROHIBITION ON CLAIMS REGARDING TAR OR NICOTINE YIELD 
                   LEVELS OF CIGARETTES.

       (a) Findings.--Congress finds the following:
       (1) Cigarette manufacturers (through use of words, 
     graphics, and color) have sold, distributed, and falsely 
     marketed brands of cigarettes to consumers as ``light'', 
     ``low-tar'', ``ultra light'', ``mild'', ``natural'', and 
     ``low-nicotine'' cigarettes, implying that the cigarettes are 
     less harmful than other brands of cigarettes.
       (2) The National Cancer Institute has found that many 
     smokers mistakenly believe that cigarettes with the labels 
     described in paragraph (1) cause fewer health problems than 
     other cigarettes, and this belief misleads smokers who may 
     choose these cigarettes as an alternative to not smoking.
       (3) The Federal Trade Commission has concluded that 
     ``cigarette tar and nicotine ratings cannot predict the 
     amount of tar and nicotine [a person] get[s] from any 
     particular cigarette.''.
       (4) Recent studies have demonstrated that there has been no 
     reduction in risk on a population-wide basis from the 
     cigarettes described in paragraph (1), and such cigarettes 
     may actually increase the risk of tobacco use.
       (5) The dangers of marketing one brand of cigarettes as 
     less harmful than another brand of cigarettes when in fact 
     there are no reduced risks, is a compelling reason for the 
     Government to ensure statements, claims, or other 
     representations about cigarettes are truthful and not 
     deceptive.
       (b) Definitions.--In this section:
       (1) Health descriptor.--The term ``health descriptor'' 
     includes the words ``light'', ``low'', ``low tar'', 
     ``ultralight'', ``mild'', ``natural'', or any other word, or 
     any graphic or color, which reasonably could be expected to 
     result in a consumer believing that smoking such brand may 
     result in a lower risk of disease or be less hazardous to 
     health than smoking another brand of cigarette.
       (2) Brand.--The term ``brand'' means a variety of tobacco 
     product distinguished by the type of tobacco used, tar 
     content, nicotine content, the flavoring used, size, 
     filtration, packaging, logo, registered trademark or brand 
     name, identifiable pattern of colors, or any combination 
     thereof.
       (3) Cigarette.--The term ``cigarette'' has the meaning 
     given such term in section 3(1) of the Federal Cigarette 
     Labeling and Advertising Act (15 U.S.C. 1332(1)), but also 
     includes tobacco, in any form, that is functional in the 
     product, which, because of its appearance, the type of 
     tobacco used in the filler, or its packaging and labeling, is 
     likely to be offered to, or purchased by, consumers as a 
     cigarette or as roll-your-own tobacco.
       (4) Roll-your-own tobacco.--The term ``roll-your-own 
     tobacco'' means any tobacco which, because of its appearance, 
     type, packaging, or labeling, is suitable for use and likely 
     to be offered to, or purchased by, consumers as tobacco for 
     making cigarettes.
       (c) Prohibition on Use of Health Descriptors and Federal 
     Trade Commission Testing Method.--
       (1) In general.--Notwithstanding any other provision of 
     law, effective 120 days after the date of the enactment of 
     this Act, a cigarette manufacturer may not use a health 
     descriptor on the label or the advertising of any brand of 
     cigarette.
       (2) Prohibition on use of federal trade commission testing 
     method.--Notwithstanding any other provision of law, 
     effective 120 days after the date of the enactment of this 
     Act, a cigarette manufacturer may not make any claims or any 
     other representations based on data derived from the 
     cigarette testing method established by the Federal Trade 
     Commission in effect on the day before the date of the 
     enactment of this Act.
       (3) Enforcement.--

[[Page S9133]]

       (A) Unfair or deceptive act or practice.--A violation of 
     the prohibition described in paragraphs (1) or (2) shall be 
     treated as a violation of a rule defining an unfair or 
     deceptive act or practice prescribed under section 
     18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 
     57a(a)(1)(B)).
       (B) Actions by the commission.--The Federal Trade 
     Commission shall enforce this section in the same manner, by 
     the same means, and with the same jurisdiction, powers, and 
     duties as though all applicable terms and provisions of the 
     Federal Trade Commission Act (15 U.S.C. 41 et seq.) were 
     incorporated into and made a part of this section.
                                 ______
                                 
      By Mr. INHOFE:
  S. 3873. A bill to protect private property rights; read the first 
time.
  Mr. INHOFE: Mr. President, Alexander Hamilton declared:

       The sacred rights of mankind are not to be rummaged for, 
     among old parchments, or musty records. They are written, as 
     with a sun beam in the whole volume of human nature, by the 
     hand of the divinity itself; and can never be erased or 
     obscured by moral power.

  I believe, and I speak on behalf of the people of Oklahoma, in the 
right to own private property, and I believe in the right to enjoy it 
and not be harassed, especially by the government.
  There are three issues that the Private Property Protection Act of 
2006 that I am introducing today addresses: it protects the right to 
own and enjoy private property, one of our Government's core purposes; 
it directly confronts the Supreme Court's decision in Kelo v. City of 
New London, Connecticut, which allows local governments to take private 
property for economic reasons, by forcing the Court to reign in its 
incessant judicial activism and return to the true intent of the fifth 
amendment; it limits government intervention into the private market.
  However, my bill does not attempt to encroach on a State's right to 
conduct business and levy taxes; it simply makes clear that the 
National Government will not fund these blatant abuses of private 
property. There is no violation of State sovereignty.
  The Constitution is not really an allocation of Government-determined 
rights to the people as much as it is a limitation on the Government 
from interfering with our inherent rights. The presumption is that 
people are ``endowed by their Creator with certain unalienable rights'' 
and that the Government's fundamental role is to protect those rights.
  Sometimes a person's rights do have to be limited in order to protect 
the rights of everyone else. But there must be a strong reason to 
restrict or limit those rights, and even when this is done, the rights 
are still there, they do not just disappear.
  Ask any elementary school child what the main reason for the 
Revolutionary War was and they will probably respond, ``Taxation 
without Representation!'' Consider the spirit of the Declaration of 
Independence, and then see what is going on with eminent domain today. 
It does not go together. I can only imagine what the Founding Fathers 
and colonists would think if they read the Supreme Court's Kelo 
decision. There is a huge rift in the intention of eminent domain at 
our Nation's founding and today. Taking away rights, especially 
property rights, is a serious matter, but what is worse, thanks to 
Kelo, is that a city can now seize a person's land solely for financial 
gain.
  In Kelo, the Supreme Court gave the legal mandate that the ``broad 
reading'' of the takings clause of the fifth amendment includes taking 
from one private citizen and giving it to another as long as the city 
claims an economic benefit. Changing the definition of the fifth 
amendment to mean ``more tax dollars for the city,'' is not only 
incongruous, it is outrageous.
  This philosophy comes out of a socialistic presumption that all 
property really belongs to the State, that the State is the true 
landlord, and that people are allowed to use the land until the State 
gets a better offer. The Supreme Court is opening up the gate of 
opportunity to these cities essentially saying: ``Hey, if you need 
money, just condemn some property . . . bulldoze the houses and sell 
the land to a giant retail store or factory that will generate lots of 
tax dollars.''
  Once again, the courts have taken the Constitution and twisted it, 
actively and willfully pursuing their own radical and elitist policy, 
usurping the will of the people, and their elected representatives. The 
Supreme Court's Kelo decision is the pinnacle of a mutation of its 
takings clause jurisprudence, and essentially extends a government's 
condemnation power to include taking private property and giving it to 
another private party who will raise revenue for a city or town.
  Justice Thomas, in his dissent, quoted renowned legal scholar William 
Blackstone whose ``Commentaries on the Laws of England'' eloquently 
described the authority of the law at the time the fifth amendment was 
drafted: ``The law of the land . . . postpone[s] even public necessity 
to the sacred and inviolable rights of private property.'' Justice 
Thomas continued, agreeing with Justice Sandra Day O'Connor's well-
stated warning taken from her dissenting opinion:

       If such ``economic development'' takings are for a ``public 
     use,'' any taking is, and the Court has erased the Public Use 
     Clause from our Constitution.

  Justice O'Connor also explained that historically, the ``Government 
may compel an individual to forfeit her property for the public's use, 
but not for the benefit of another private person. This requirement 
promotes fairness as well as security.''
  Professor Bradley Jacob, a constitutional law professor at Regent 
University School of Law, is gravely concerned by the Court's decision 
in Kelo. He observed:

       What the Court ruled in Kelo is not consistent with the 
     Constitution, it is not consistent with the Declaration of 
     Independence, and it is not consistent with the principles of 
     liberty that underlie free Republican government. It was 
     valid only in the eyes of those who accept the idea that the 
     Supreme Court is our national super-legislature, imposing its 
     views of wise social policy on an unwilling nation.

  The Court calls this kind of taking ``economic development.'' I call 
it robbery and wealth redistribution. If the cities are suffering from 
failed economies because of poor decisionmaking, inefficient zoning, 
and financial irresponsibility, that is unfortunate; however, unchecked 
eiminent domain power is not the answer.
  According to economic greats, such as Adam Smith and John Locke, 
there are two types of property: private and public. Property is 
private when others are prevented from using or benefiting from it. It 
is exclusive to the owner. He or she is entitled to the fruits it 
bears. Examples of this are homes, farms, and stores. Conversely, 
public property is property that is opened up and common to the public, 
from which all have equal access to its fruits, and equal access to use 
it and benefit from it. Examples of this are roads, power lines, and 
waterways.
  The fifth amendment recognizes the Government's power to take private 
property when necessary, and open it up to the public, for true public 
use. The idea of interpreting the fifth amendment in a ``broad'' manner 
to allow, and thus, encourage taking private property from one and 
giving it to another private owner is foreign and hostile to the 
principles that make this nation great.

  I believe that economic development belongs to the private market. 
Condemnation power for economic development will have devastating and 
paralyzing effects on the market. This is extreme artificial 
interference in the market that will only encourage more irresponsible 
decisionmaking by cities.
  When a private citizen steals a person's private property, the victim 
has a cause of action against the culprit to try to right the wrong and 
the State has an interest in prosecuting that wrong as well, as 
stealing is against the law. But what is so dangerous here is that it 
is the State that is facilitating the wrong. My bill will ensure a 
private cause of action for the citizen whose property is taken away 
from him or her by the State for economic development.
  Recognition and protections of the right to own private property is 
the driving force of our Nation and the fuel of the free market. The 
Government should be the staunchest defender of private property, not 
the thief that steals it. My legislation will prevent States that allow 
their cities or other municipal bodies to carry out this type of 
eminent domain, that is, the kind based solely on economic development, 
from receiving Federal economic development funds. I simply do not 
think that we should be funding economic development for those States 
that are

[[Page S9134]]

willing to steal private property from their citizens.
  As Alexis de Tocqueville predicted, the unique private property 
rights in America would set it apart from and above the nations of the 
world, mainly by facilitating a thriving, land-owning middle class, the 
backbone of a successful free market. The Kelo decision is a crippling 
blow to our middle class, and our Constitutional Republic as a whole, 
and must be dealt with immediately.
  I ask my colleagues in this body to stand with me and protect the 
private property rights of Americans across this great land. We owe it 
to the citizens of our States; we owe it to the Constitution and our 
liberty.
                                 ______
                                 
      By Mr. REID (for himself and Mr. Durbin):
  S. 3875. A bill to provide real national security, restore United 
States leadership, and implement tough and smart policies to win the 
war on terror, and for other purposes; read the first time.

                                S. 3875

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Real Security Act of 2006''.

     SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF 
                   CONTENTS.

       (a) Divisions.--This Act is organized into five divisions 
     as follows:

     DIVISION A--IMPLEMENTATION OF 9/11 COMMISSION RECOMMENDATIONS

                    DIVISION B--COMBATTING TERRORISM

                DIVISION C--INTELLIGENCE AUTHORIZATIONS

                  DIVISION D--TRANSPORTATION SECURITY

                  DIVISION E--A NEW DIRECTION IN IRAQ

       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.

     DIVISION A--IMPLEMENTATION OF 9/11 COMMISSION RECOMMENDATIONS

Sec. 101. Short title.
Sec. 102. Definition of 9/11 Commission.

    TITLE I--HOMELAND SECURITY, EMERGENCY PREPAREDNESS AND RESPONSE

            Subtitle A--Emergency Preparedness and Response

                   Chapter 1--Emergency Preparedness

Sec. 101. Adequate radio spectrum for first responders.
Sec. 102. Report on establishing a unified incident command system.
Sec. 103. Report on completing a national critical infrastructure risk 
              and vulnerabilities assessment.
Sec. 104. Private sector preparedness.
Sec. 105. Relevant congressional committees defined.

               Chapter 2--Assistance for First Responders

Sec. 111. Short title.
Sec. 112. Findings.
Sec. 113. Faster and Smarter Funding for First Responders.
Sec. 114. Superseded provision.
Sec. 115. Oversight.
Sec. 116. GAO report on an inventory and status of Homeland Security 
              first responder training.
Sec. 117. Removal of civil liability barriers that discourage the 
              donation of fire equipment to volunteer fire companies.

                  Subtitle B--Transportation Security

Sec. 121. Report on national strategy for transportation security.
Sec. 122. Report on airline passenger pre-screening.
Sec. 123. Report on detection of explosives at airline screening 
              checkpoints.
Sec. 124. Report on comprehensive screening program.
Sec. 125. Relevant congressional committees defined.

                      Subtitle C--Border Security

Sec. 131. Counterterrorist travel intelligence.
Sec. 132. Comprehensive screening system.
Sec. 133. Biometric entry and exit data system.
Sec. 134. International collaboration on border and document security.
Sec. 135. Standardization of secure identification.
Sec. 136. Security enhancements for social security cards.

              Subtitle D--Homeland Security Appropriations

Sec. 141. Homeland security appropriations.

           TITLE II--REFORMING THE INSTITUTIONS OF GOVERNMENT

                   Subtitle A--Intelligence Community

Sec. 201. Report on director of national intelligence.
Sec. 202. Report on national counterterrorism center.
Sec. 203. Report on creation of a Federal Bureau of Investigation 
              national security workforce.
Sec. 204. Report on new missions for the Director of the Central 
              Intelligence Agency.
Sec. 205. Report on incentives for information sharing.
Sec. 206. Report on Presidential leadership of national security 
              institutions in the information revolution.
Sec. 207. Homeland airspace defense.
Sec. 208. Semiannual report on plans and strategies of United States 
              Northern Command for defense of the United States 
              homeland.
Sec. 209. Relevant congressional committees defined.

            Subtitle B--Civil Liberties and Executive Power

Sec. 211. Report on the balance between security and civil liberties.
Sec. 212. Privacy and Civil Liberties Oversight Board.
Sec. 213. Set privacy guidelines for Government sharing of personal 
              information.
Sec. 214. Relevant congressional committees defined.

        Subtitle C--Intelligence Oversight Reform in the Senate

Sec. 231. Subcommittee related to intelligence oversight.
Sec. 232. Subcommittee related to intelligence appropriations.
Sec. 233. Effective date.

              Subtitle D--Standardize Security Clearances

Sec. 241. Standardization of security clearances.

   TITLE III--FOREIGN POLICY, PUBLIC DIPLOMACY, AND NONPROLIFERATION

                       Subtitle A--Foreign Policy

Sec. 301. Actions to ensure a long-term commitment to Afghanistan.
Sec. 302. Actions to support Pakistan against extremists.
Sec. 303. Actions to support reform in Saudi Arabia.
Sec. 304. Elimination of terrorist sanctuaries.
Sec. 305. Comprehensive coalition strategy against Islamist terrorism.
Sec. 306. Standards for the detention and humane treatment of captured 
              terrorists.
Sec. 307. Use of economic policies to combat terrorism.
Sec. 308. Actions to ensure vigorous efforts against terrorist 
              financing.

                      Subtitle B--Public Diplomacy

Sec. 311. Public diplomacy responsibilities of the Department of State 
              and public diplomacy training of members of the Foreign 
              Service.
Sec. 312. International broadcasting.
Sec. 313. Expansion of United States scholarship, exchange, and library 
              programs in the Islamic world.
Sec. 314. International Youth Opportunity Fund.

                      Subtitle C--Nonproliferation

Sec. 321. Short title.
Sec. 322. Findings.
Sec. 323. Establishment of Office of Nonproliferation Programs in the 
              Executive Office of the President.
Sec. 324. Removal of restrictions on Cooperative Threat Reduction 
              programs.
Sec. 325. Removal of restrictions on Department of Energy 
              nonproliferation programs.
Sec. 326. Modifications of authority to use Cooperative Threat 
              Reduction program funds outside the former Soviet Union.
Sec. 327. Modifications of authority to use International Nuclear 
              Materials Protection and Cooperation program funds 
              outside the former Soviet Union.
Sec. 328. Special reports on adherence to arms control agreements and 
              nonproliferation commitments.
Sec. 329. Presidential report on impediments to certain 
              nonproliferation activities.
Sec. 330. Enhancement of Global Threat Reduction Initiative.
Sec. 331. Expansion of Proliferation Security Initiative.
Sec. 332. Sense of Congress relating to international security 
              standards for nuclear weapons and materials.
Sec. 333. Authorization of appropriations relating to inventory of 
              Russian tactical nuclear warheads and data exchanges.
Sec. 334. Report on accounting for and securing of Russia's non-
              strategic nuclear weapons.
Sec. 335. Research and development involving alternative use of weapons 
              of mass destruction expertise.
Sec. 336. Strengthening the Nuclear Nonproliferation Treaty.
Sec. 337. Definitions.

                   DIVISION B--COMBATTING TERRORISM.

Sec. 1001. Short title.

               TITLE XI--EFFECTIVELY TARGETING TERRORISTS

Sec. 1101. Sense of Congress on Special Operations forces and related 
              matters.
Sec. 1102. Foreign language expertise.
Sec. 1103. Curtailing terrorist financing.
Sec. 1104. Prohibition on transactions with countries that support 
              terrorism.

[[Page S9135]]

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.

[[Page S9136]]

                       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

[[Page S9137]]

     Secretary of Homeland Security shall submit to the relevant 
     congressional committees a report on the recommendations of 
     the 9/11 Commission and the policy goals of the Intelligence 
     Reform and Terrorism Prevention Act of 2004 (Public Law 108-
     458) with respect to completing a national critical 
     infrastructure risk and vulnerabilities assessment. Such 
     report shall include--
       (1) a certification by the Secretary of Homeland Security 
     that such recommendations have been implemented and such 
     policy goals have been achieved; or
       (2) if the Secretary of Homeland Security is unable to make 
     the certification described in paragraph (1), a description 
     of--
       (A) the steps taken to implement such recommendations and 
     achieve such policy goals;
       (B) when the Secretary of Homeland Security expects such 
     recommendations to be implemented and such policy goals to be 
     achieved; and
       (C) any allocation of resources or other actions by 
     Congress the Director considers necessary to implement such 
     recommendations and achieve such policy goals.
       (b) Termination of Duty to Report.--The duty to submit a 
     report under subsection (a) shall terminate when the 
     Secretary of Homeland Security submits a certification 
     pursuant to subsection (a)(1).
       (c) GAO Review of Certification.--If the Secretary of 
     Homeland Security submits a certification pursuant to 
     subsection (a)(1), not later than 30 days after the 
     submission of such certification, the Comptroller General 
     shall submit to the relevant congressional committees a 
     report on whether the recommendations described in subsection 
     (a) have been implemented and whether the policy goals 
     described in subsection (a) have been achieved.

     SEC. 104. PRIVATE SECTOR PREPAREDNESS.

       The Comptroller General of the United States shall submit 
     to Congress by not later than 90 days after the date of the 
     enactment of this Act--
       (1) a determination of what has been done to enhance 
     private sector preparedness for terrorist attack; and
       (2) recommendations of any additional congressional action 
     or administrative action that is necessary to enhance such 
     preparedness.

     SEC. 105. RELEVANT CONGRESSIONAL COMMITTEES DEFINED.

       In this chapter, the term ``relevant congressional 
     committees'' means the Committee on Homeland Security, the 
     Committee on Government Reform, and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives and the Committee on Homeland Security and 
     Government Affairs and the Committee on Environment and 
     Public Works of the Senate.

               CHAPTER 2--ASSISTANCE FOR FIRST RESPONDERS

     SEC. 111. SHORT TITLE.

       This chapter may be cited as the ``Faster and Smarter 
     Funding for First Responders Act of 2006''.

     SEC. 112. FINDINGS.

       Congress makes the following findings:
       (1) In order to achieve its objective of preventing, 
     minimizing the damage from, and assisting in the recovery 
     from terrorist attacks, the Department of Homeland Security 
     must play a leading role in assisting communities to reach 
     the level of preparedness they need to prevent and respond to 
     a terrorist attack.
       (2) First responder funding is not reaching the men and 
     women of our Nation's first response teams quickly enough, 
     and sometimes not at all.
       (3) To reform the current bureaucratic process so that 
     homeland security dollars reach the first responders who need 
     it most, it is necessary to clarify and consolidate the 
     authority and procedures of the Department of Homeland 
     Security that support first responders.
       (4) Ensuring adequate resources for the new national 
     mission of homeland security, without degrading the ability 
     to address effectively other types of major disasters and 
     emergencies, requires a discrete and separate grant making 
     process for homeland security funds for first response to 
     terrorist acts, on the one hand, and for first responder 
     programs designed to meet pre-September 11 priorities, on the 
     other.
       (5) While a discrete homeland security grant making process 
     is necessary to ensure proper focus on the unique aspects of 
     terrorism preparedness, it is essential that State and local 
     strategies for utilizing such grants be integrated, to the 
     greatest extent practicable, with existing State and local 
     emergency management plans.
       (6) Homeland security grants to first responders must be 
     based on the best intelligence concerning the capabilities 
     and intentions of our terrorist enemies, and that 
     intelligence must be used to target resources to the Nation's 
     greatest threats, vulnerabilities, and consequences.
       (7) The Nation's first response capabilities will be 
     improved by sharing resources, training, planning, personnel, 
     and equipment among neighboring jurisdictions through mutual 
     aid agreements and regional cooperation. Such regional 
     cooperation should be supported, where appropriate, through 
     direct grants from the Department of Homeland Security.
       (8) An essential prerequisite to achieving the Nation's 
     homeland security objectives for first responders is the 
     establishment of well-defined national goals for terrorism 
     preparedness. These goals should delineate the essential 
     capabilities that every jurisdiction in the United States 
     should possess or to which it should have access.
       (9) A national determination of essential capabilities is 
     needed to identify levels of State and local government 
     terrorism preparedness, to determine the nature and extent of 
     State and local first responder needs, to identify the human 
     and financial resources required to fulfill them, to direct 
     funding to meet those needs, and to measure preparedness 
     levels on a national scale.
       (10) To facilitate progress in achieving, maintaining, and 
     enhancing essential capabilities for State and local first 
     responders, the Department of Homeland Security should seek 
     to allocate homeland security funding for first responders to 
     meet nationwide needs.
       (11) Private sector resources and citizen volunteers can 
     perform critical functions in assisting in preventing and 
     responding to terrorist attacks, and should be integrated 
     into State and local planning efforts to ensure that their 
     capabilities and roles are understood, so as to provide 
     enhanced State and local operational capability and surge 
     capacity.
       (12) Public-private partnerships, such as the partnerships 
     between the Business Executives for National Security and the 
     States of New Jersey and Georgia, can be useful to identify 
     and coordinate private sector support for State and local 
     first responders. Such models should be expanded to cover all 
     States and territories.
       (13) An important aspect of terrorism preparedness is 
     measurability, so that it is possible to determine how 
     prepared a State or local government is now, and what 
     additional steps it needs to take, in order to prevent, 
     prepare for, respond to, mitigate against, and recover from 
     acts of terrorism.
       (14) The Department of Homeland Security should establish, 
     publish, and regularly update national voluntary consensus 
     standards for both equipment and training, in cooperation 
     with both public and private sector standard setting 
     organizations, to assist State and local governments in 
     obtaining the equipment and training to attain the essential 
     capabilities for first response to acts of terrorism, and to 
     ensure that first responder funds are spent wisely.

     SEC. 113. FASTER AND SMARTER FUNDING FOR FIRST RESPONDERS.

       (a) In General.--The Homeland Security Act of 2002 (Public 
     Law 107-296; 6 U.S.C. 361 et seq.) is amended--
       (1) in section 1(b) in the table of contents by adding at 
     the end the following:

              ``TITLE XVIII--FUNDING FOR FIRST RESPONDERS

``Sec. 1801. Definitions.
``Sec. 1802. Faster and Smarter Funding for First Responders.
``Sec. 1803. Covered grant eligibility and criteria.
``Sec. 1804. Risk-based evaluation and prioritization.
``Sec. 1805. Task Force on Terrorism Preparedness for First Responders.
``Sec. 1806. Use of funds and accountability requirements.
``Sec. 1807. National standards for first responder equipment and 
              training.''; and
       (2) by adding at the end the following:

              ``TITLE XVIII--FUNDING FOR FIRST RESPONDERS

     ``SEC. 1801. DEFINITIONS.

       ``In this title:
       ``(1) Board.--The term `Board' means the First Responder 
     Grants Board established under section 1804.
       ``(2) Covered grant.--The term `covered grant' means any 
     grant to which this title applies under section 1802.
       ``(3) Directly eligible tribe.--The term `directly eligible 
     tribe' means any Indian tribe or consortium of Indian tribes 
     that--
       ``(A) meets the criteria for inclusion in the qualified 
     applicant pool for Self-Governance that are set forth in 
     section 402(c) of the Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 458bb(c));
       ``(B) employs at least 10 full-time personnel in a law 
     enforcement or emergency response agency with the capacity to 
     respond to calls for law enforcement or emergency services; 
     and
       ``(C)(i) is located on, or within 5 miles of, an 
     international border or waterway;
       ``(ii) is located within 5 miles of a facility designated 
     as high-risk critical infrastructure by the Secretary;
       ``(iii) is located within or contiguous to one of the 50 
     largest metropolitan statistical areas in the United States; 
     or
       ``(iv) has more than 1,000 square miles of Indian country, 
     as that term is defined in section 1151 of title 18, United 
     States Code.
       ``(4) Elevations in the threat alert level.--The term 
     `elevations in the threat alert level' means any designation 
     (including those that are less than national in scope) that 
     raises the homeland security threat level to either the 
     highest or second highest threat level under the Homeland 
     Security Advisory System referred to in section 201(d)(7).
       ``(5) Emergency preparedness.--The term `emergency 
     preparedness' shall have the same meaning that term has under 
     section 602 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5195a).

[[Page S9138]]

       ``(6) Essential capabilities.--The term `essential 
     capabilities' means the levels, availability, and competence 
     of emergency personnel, planning, training, and equipment 
     across a variety of disciplines needed to effectively and 
     efficiently prevent, prepare for, respond to, and recover 
     from acts of terrorism consistent with established practices.
       ``(7) First responder.--The term `first responder' shall 
     have the same meaning as the term `emergency response 
     provider'.
       ``(8) Indian tribe.--The term `Indian tribe' means any 
     Indian tribe, band, nation, or other organized group or 
     community, including any Alaskan Native village or regional 
     or village corporation as defined in or established pursuant 
     to the Alaskan Native Claims Settlement Act (43 U.S.C. 1601 
     et seq.), which is recognized as eligible for the special 
     programs and services provided by the United States to 
     Indians because of their status as Indians.
       ``(9) Region.--The term `region' means--
       ``(A) any geographic area consisting of all or parts of 2 
     or more contiguous States, counties, municipalities, or other 
     local governments that have a combined population of at least 
     1,650,000 or have an area of not less than 20,000 square 
     miles, and that, for purposes of an application for a covered 
     grant, is represented by 1 or more governments or 
     governmental agencies within such geographic area, and that 
     is established by law or by agreement of 2 or more such 
     governments or governmental agencies in a mutual aid 
     agreement; or
       ``(B) any other combination of contiguous local government 
     units (including such a combination established by law or 
     agreement of two or more governments or governmental agencies 
     in a mutual aid agreement) that is formally certified by the 
     Secretary as a region for purposes of this title with the 
     consent of--
       ``(i) the State or States in which they are located, 
     including a multi-State entity established by a compact 
     between two or more States; and
       ``(ii) the incorporated municipalities, counties, and 
     parishes that they encompass.
       ``(10) Task force.--The term `Task Force' means the Task 
     Force on Terrorism Preparedness for First Responders 
     established under section 1805.
       ``(11) Terrorism preparedness.--The term `terrorism 
     preparedness' means any activity designed to improve the 
     ability to prevent, prepare for, respond to, mitigate 
     against, or recover from threatened or actual terrorist 
     attacks.

     ``SEC. 1802. FASTER AND SMARTER FUNDING FOR FIRST RESPONDERS.

       ``(a) Covered Grants.--This title applies to grants 
     provided by the Department to States, regions, or directly 
     eligible tribes for the primary purpose of improving the 
     ability of first responders to prevent, prepare for, respond 
     to, mitigate against, or recover from threatened or actual 
     terrorist attacks, especially those involving weapons of mass 
     destruction, administered under the following:
       ``(1) State homeland security grant program.--The State 
     Homeland Security Grant Program of the Department, or any 
     successor to such grant program.
       ``(2) Urban area security initiative.--The Urban Area 
     Security Initiative of the Department, or any successor to 
     such grant program.
       ``(3) Law enforcement terrorism prevention program.--The 
     Law Enforcement Terrorism Prevention Program of the 
     Department, or any successor to such grant program.
       ``(b) Excluded Programs.--This title does not apply to or 
     otherwise affect the following Federal grant programs or any 
     grant under such a program:
       ``(1) Nondepartment programs.--Any Federal grant program 
     that is not administered by the Department.
       ``(2) Fire grant programs.--The fire grant programs 
     authorized by sections 33 and 34 of the Federal Fire 
     Prevention and Control Act of 1974 (15 U.S.C. 2229, 2229a).
       ``(3) Emergency management planning and assistance account 
     grants.--The Emergency Management Performance Grant program 
     and the Urban Search and Rescue Grants program authorized by 
     title VI of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5195 et seq.); the 
     Departments of Veterans Affairs and Housing and Urban 
     Development, and Independent Agencies Appropriations Act, 
     2000 (113 Stat. 1047 et seq.); and the Earthquake Hazards 
     Reduction Act of 1977 (42 U.S.C. 7701 et seq.).

     ``SEC. 1803. COVERED GRANT ELIGIBILITY AND CRITERIA.

       ``(a) Grant Eligibility.--Any State, region, or directly 
     eligible tribe shall be eligible to apply for a covered 
     grant.
       ``(b) Grant Criteria.--The Secretary shall award covered 
     grants to assist States and local governments in achieving, 
     maintaining, and enhancing the essential capabilities for 
     terrorism preparedness established by the Secretary.
       ``(c) State Homeland Security Plans.--
       ``(1) Submission of plans.--The Secretary shall require 
     that any State applying to the Secretary for a covered grant 
     must submit to the Secretary a 3-year State homeland security 
     plan that--
       ``(A) describes the essential capabilities that communities 
     within the State should possess, or to which they should have 
     access, based upon the terrorism risk factors relevant to 
     such communities, in order to meet the Department's goals for 
     terrorism preparedness;
       ``(B) demonstrates the extent to which the State has 
     achieved the essential capabilities that apply to the State;
       ``(C) demonstrates the needs of the State necessary to 
     achieve, maintain, or enhance the essential capabilities that 
     apply to the State;
       ``(D) includes a prioritization of such needs based on 
     threat, vulnerability, and consequence assessment factors 
     applicable to the State;
       ``(E) describes how the State intends--
       ``(i) to address such needs at the city, county, regional, 
     tribal, State, and interstate level, including a precise 
     description of any regional structure the State has 
     established for the purpose of organizing homeland security 
     preparedness activities funded by covered grants;
       ``(ii) to use all Federal, State, and local resources 
     available for the purpose of addressing such needs; and
       ``(iii) to give particular emphasis to regional planning 
     and cooperation, including the activities of 
     multijurisdictional planning agencies governed by local 
     officials, both within its jurisdictional borders and with 
     neighboring States;
       ``(F) with respect to the emergency preparedness of first 
     responders, addresses the unique aspects of terrorism as part 
     of a comprehensive State emergency management plan; and
       ``(G) provides for coordination of response and recovery 
     efforts at the local level, including procedures for 
     effective incident command in conformance with the National 
     Incident Management System.
       ``(2) Consultation.--The State plan submitted under 
     paragraph (1) shall be developed in consultation with and 
     subject to appropriate comment by local governments and first 
     responders within the State.
       ``(3) Approval by secretary.--The Secretary may not award 
     any covered grant to a State unless the Secretary has 
     approved the applicable State homeland security plan.
       ``(4) Revisions.--A State may revise the applicable State 
     homeland security plan approved by the Secretary under this 
     subsection, subject to approval of the revision by the 
     Secretary.
       ``(d) Consistency With State Plans.--The Secretary shall 
     ensure that each covered grant is used to supplement and 
     support, in a consistent and coordinated manner, the 
     applicable State homeland security plan or plans.
       ``(e) Application for Grant.--
       ``(1) In general.--Except as otherwise provided in this 
     subsection, any State, region, or directly eligible tribe may 
     apply for a covered grant by submitting to the Secretary an 
     application at such time, in such manner, and containing such 
     information as is required under this subsection, or as the 
     Secretary may reasonably require.
       ``(2) Deadlines for applications and awards.--All 
     applications for covered grants must be submitted at such 
     time as the Secretary may reasonably require for the fiscal 
     year for which they are submitted. The Secretary shall award 
     covered grants pursuant to all approved applications for such 
     fiscal year as soon as practicable, but not later than March 
     1 of such year.
       ``(3) Availability of funds.--All funds awarded by the 
     Secretary under covered grants in a fiscal year shall be 
     available for obligation through the end of the subsequent 
     fiscal year.
       ``(4) Minimum contents of application.--The Secretary shall 
     require that each applicant include in its application, at a 
     minimum--
       ``(A) the purpose for which the applicant seeks covered 
     grant funds and the reasons why the applicant needs the 
     covered grant to meet the essential capabilities for 
     terrorism preparedness within the State, region, or directly 
     eligible tribe to which the application pertains;
       ``(B) a description of how, by reference to the applicable 
     State homeland security plan or plans under subsection (c), 
     the allocation of grant funding proposed in the application, 
     including, where applicable, the amount not passed through 
     under section 1806(g)(1), would assist in fulfilling the 
     essential capabilities for terrorism preparedness specified 
     in such plan or plans;
       ``(C) a statement of whether a mutual aid agreement applies 
     to the use of all or any portion of the covered grant funds;
       ``(D) if the applicant is a State, a description of how the 
     State plans to allocate the covered grant funds to regions, 
     local governments, and Indian tribes;
       ``(E) if the applicant is a region--
       ``(i) a precise geographical description of the region and 
     a specification of all participating and nonparticipating 
     local governments within the geographical area comprising 
     that region;
       ``(ii) a specification of what governmental entity within 
     the region will administer the expenditure of funds under the 
     covered grant; and
       ``(iii) a designation of a specific individual to serve as 
     regional liaison;
       ``(F) a capital budget showing how the applicant intends to 
     allocate and expend the covered grant funds;
       ``(G) if the applicant is a directly eligible tribe, a 
     designation of a specific individual to serve as the tribal 
     liaison; and
       ``(H) a statement of how the applicant intends to meet the 
     matching requirement, if any, that applies under section 
     1806(g)(2).
       ``(5) Regional applications.--

[[Page S9139]]

       ``(A) Relationship to state applications.--A regional 
     application--
       ``(i) shall be coordinated with an application submitted by 
     the State or States of which such region is a part;
       ``(ii) shall supplement and avoid duplication with such 
     State application; and
       ``(iii) shall address the unique regional aspects of such 
     region's terrorism preparedness needs beyond those provided 
     for in the application of such State or States.
       ``(B) State review and submission.--To ensure the 
     consistency required under subsection (d) and the 
     coordination required under subparagraph (A) of this 
     paragraph, an applicant that is a region must submit its 
     application to each State of which any part is included in 
     the region for review and concurrence prior to the submission 
     of such application to the Secretary. The regional 
     application shall be transmitted to the Secretary through 
     each such State within 30 days of its receipt, unless the 
     Governor of such a State notifies the Secretary, in writing, 
     that such regional application is inconsistent with the 
     State's homeland security plan and provides an explanation of 
     the reasons therefor.
       ``(C) Distribution of regional awards.--If the Secretary 
     approves a regional application, then the Secretary shall 
     distribute a regional award to the State or States submitting 
     the applicable regional application under subparagraph (B), 
     and each such State shall, not later than the end of the 45-
     day period beginning on the date after receiving a regional 
     award, pass through to the region all covered grant funds or 
     resources purchased with such funds, except those funds 
     necessary for the State to carry out its responsibilities 
     with respect to such regional application. However in no such 
     case shall the State or States pass through to the region 
     less than 80 percent of the regional award.
       ``(D) Certifications regarding distribution of grant funds 
     to regions.--Any State that receives a regional award under 
     subparagraph (C) shall certify to the Secretary, by not later 
     than 30 days after the expiration of the period described in 
     subparagraph (C) with respect to the grant, that the State 
     has made available to the region the required funds and 
     resources in accordance with subparagraph (C).
       ``(E) Direct payments to regions.--If any State fails to 
     pass through a regional award to a region as required by 
     subparagraph (C) within 45 days after receiving such award 
     and does not request or receive an extension of such period 
     under section 1806(h)(2), the region may petition the 
     Secretary to receive directly the portion of the regional 
     award that is required to be passed through to such region 
     under subparagraph (C).
       ``(F) Regional liaisons.--A regional liaison designated 
     under paragraph (4)(E)(iii) shall--
       ``(i) coordinate with Federal, State, local, regional, and 
     private officials within the region concerning terrorism 
     preparedness;
       ``(ii) develop a process for receiving input from Federal, 
     State, local, regional, and private sector officials within 
     the region to assist in the development of the regional 
     application and to improve the region's access to covered 
     grants; and
       ``(iii) administer, in consultation with State, local, 
     regional, and private officials within the region, covered 
     grants awarded to the region.
       ``(6) Tribal applications.--
       ``(A) Submission to the state or states.--To ensure the 
     consistency required under subsection (d), an applicant that 
     is a directly eligible tribe must submit its application to 
     each State within the boundaries of which any part of such 
     tribe is located for direct submission to the Department 
     along with the application of such State or States.
       ``(B) Opportunity for state comment.--Before awarding any 
     covered grant to a directly eligible tribe, the Secretary 
     shall provide an opportunity to each State within the 
     boundaries of which any part of such tribe is located to 
     comment to the Secretary on the consistency of the tribe's 
     application with the State's homeland security plan. Any such 
     comments shall be submitted to the Secretary concurrently 
     with the submission of the State and tribal applications.
       ``(C) Final authority.--The Secretary shall have final 
     authority to determine the consistency of any application of 
     a directly eligible tribe with the applicable State homeland 
     security plan or plans, and to approve any application of 
     such tribe. The Secretary shall notify each State within the 
     boundaries of which any part of such tribe is located of the 
     approval of an application by such tribe.
       ``(D) Tribal liaison.--A tribal liaison designated under 
     paragraph (4)(G) shall--
       ``(i) coordinate with Federal, State, local, regional, and 
     private officials concerning terrorism preparedness;
       ``(ii) develop a process for receiving input from Federal, 
     State, local, regional, and private sector officials to 
     assist in the development of the application of such tribe 
     and to improve the tribe's access to covered grants; and
       ``(iii) administer, in consultation with State, local, 
     regional, and private officials, covered grants awarded to 
     such tribe.
       ``(E) Limitation on the number of direct grants.--The 
     Secretary may make covered grants directly to not more than 
     20 directly eligible tribes per fiscal year.
       ``(F) Tribes not receiving direct grants.--An Indian tribe 
     that does not receive a grant directly under this section is 
     eligible to receive funds under a covered grant from the 
     State or States within the boundaries of which any part of 
     such tribe is located, consistent with the homeland security 
     plan of the State as described in subsection (c). If a State 
     fails to comply with section 1806(g)(1), the tribe may 
     request payment under section 1806(h)(3) in the same manner 
     as a local government.
       ``(7) Equipment standards.--If an applicant for a covered 
     grant proposes to upgrade or purchase, with assistance 
     provided under the grant, new equipment or systems that do 
     not meet or exceed any applicable national voluntary 
     consensus standards established by the Secretary, the 
     applicant shall include in the application an explanation of 
     why such equipment or systems will serve the needs of the 
     applicant better than equipment or systems that meet or 
     exceed such standards.

     ``SEC. 1804. RISK-BASED EVALUATION AND PRIORITIZATION.

       ``(a) First Responder Grants Board.--
       ``(1) Establishment of board.--The Secretary shall 
     establish a First Responder Grants Board, consisting of--
       ``(A) the Secretary;
       ``(B) the Under Secretary for Emergency Preparedness and 
     Response;
       ``(C) the Under Secretary for Border and Transportation 
     Security;
       ``(D) the Under Secretary for Information Analysis and 
     Infrastructure Protection;
       ``(E) the Under Secretary for Science and Technology;
       ``(F) the Director of the Office for Domestic Preparedness;
       ``(G) the Administrator of the United States Fire 
     Administration; and
       ``(H) the Administrator of the Animal and Plant Health 
     Inspection Service.
       ``(2) Chairman.--
       ``(A) In general.--The Secretary shall be the Chairman of 
     the Board.
       ``(B) Exercise of authorities by deputy secretary.--The 
     Deputy Secretary of Homeland Security may exercise the 
     authorities of the Chairman, if the Secretary so directs.
       ``(b) Functions of Under Secretaries.--The Under 
     Secretaries referred to in subsection (a)(1) shall seek to 
     ensure that the relevant expertise and input of the staff of 
     their directorates are available to and considered by the 
     Board.
       ``(c) Prioritization of Grant Applications.--
       ``(1) Factors to be considered.--The Board shall evaluate 
     and annually prioritize all pending applications for covered 
     grants based upon the degree to which they would, by 
     achieving, maintaining, or enhancing the essential 
     capabilities of the applicants on a nationwide basis, lessen 
     the threat to, vulnerability of, and consequences for persons 
     (including transient commuting and tourist populations) and 
     critical infrastructure. Such evaluation and prioritization 
     shall be based upon the most current risk assessment 
     available by the Directorate for Information Analysis and 
     Infrastructure Protection of the threats of terrorism against 
     the United States. The Board shall coordinate with State, 
     local, regional, and tribal officials in establishing 
     criteria for evaluating and prioritizing applications for 
     covered grants.
       ``(2) Critical infrastructure sectors.--The Board 
     specifically shall consider threats of terrorism against the 
     following critical infrastructure sectors in all areas of the 
     United States, urban and rural:
       ``(A) Agriculture and food.
       ``(B) Banking and finance.
       ``(C) Chemical industries.
       ``(D) The defense industrial base.
       ``(E) Emergency services.
       ``(F) Energy.
       ``(G) Government facilities.
       ``(H) Postal and shipping.
       ``(I) Public health and health care.
       ``(J) Information technology.
       ``(K) Telecommunications.
       ``(L) Transportation systems.
       ``(M) Water.
       ``(N) Dams.
       ``(O) Commercial facilities.
       ``(P) National monuments and icons.
     The order in which the critical infrastructure sectors are 
     listed in this paragraph shall not be construed as an order 
     of priority for consideration of the importance of such 
     sectors.
       ``(3) Types of threat.--The Board specifically shall 
     consider the following types of threat to the critical 
     infrastructure sectors described in paragraph (2), and to 
     populations in all areas of the United States, urban and 
     rural:
       ``(A) Biological threats.
       ``(B) Nuclear threats.
       ``(C) Radiological threats.
       ``(D) Incendiary threats.
       ``(E) Chemical threats.
       ``(F) Explosives.
       ``(G) Suicide bombers.
       ``(H) Cyber threats.
       ``(I) Any other threats based on proximity to specific past 
     acts of terrorism or the known activity of any terrorist 
     group.
     The order in which the types of threat are listed in this 
     paragraph shall not be construed as an order of priority for 
     consideration of the importance of such threats.
       ``(4) Consideration of additional factors.--The Board shall 
     take into account any other specific threat to a population 
     (including a transient commuting or tourist population) or 
     critical infrastructure sector that the Board has determined 
     to exist. In evaluating the threat to a population or 
     critical infrastructure sector, the Board shall

[[Page S9140]]

     give greater weight to threats of terrorism based upon their 
     specificity and credibility, including any pattern of 
     repetition.
       ``(5) Minimum amounts.--After evaluating and prioritizing 
     grant applications under paragraph (1), the Board shall 
     ensure that, for each fiscal year--
       ``(A) each of the States, other than the Virgin Islands, 
     American Samoa, Guam, and the Northern Mariana Islands, that 
     has an approved State homeland security plan receives no less 
     than 0.25 percent of the funds available for covered grants 
     for that fiscal year for purposes of implementing its 
     homeland security plan in accordance with the prioritization 
     of needs under section 1803(c)(1)(D);
       ``(B) each of the States, other than the Virgin Islands, 
     American Samoa, Guam, and the Northern Mariana Islands, that 
     has an approved State homeland security plan and that meets 
     one or both of the additional high-risk qualifying criteria 
     under paragraph (6) receives no less than 0.45 percent of the 
     funds available for covered grants for that fiscal year for 
     purposes of implementing its homeland security plan in 
     accordance with the prioritization of needs under section 
     1803(c)(1)(D);
       ``(C) the Virgin Islands, American Samoa, Guam, and the 
     Northern Mariana Islands each receives no less than 0.08 
     percent of the funds available for covered grants for that 
     fiscal year for purposes of implementing its approved State 
     homeland security plan in accordance with the prioritization 
     of needs under section 1803(c)(1)(D); and
       ``(D) directly eligible tribes collectively receive no less 
     than 0.08 percent of the funds available for covered grants 
     for such fiscal year for purposes of addressing the needs 
     identified in the applications of such tribes, consistent 
     with the homeland security plan of each State within the 
     boundaries of which any part of any such tribe is located, 
     except that this clause shall not apply with respect to funds 
     available for a fiscal year if the Secretary receives less 
     than 5 applications for such fiscal year from such tribes 
     under section 1803(e)(6)(A) or does not approve at least one 
     such application.
       ``(6) Additional high-risk qualifying criteria.--For 
     purposes of paragraph (5)(B), additional high-risk qualifying 
     criteria consist of--
       ``(A) having a significant international land border; or
       ``(B) adjoining a body of water within North America 
     through which an international boundary line extends.
       ``(d) Effect of Regional Awards on State Minimum.--Any 
     regional award, or portion thereof, provided to a State under 
     section 1803(e)(5)(C) shall not be considered in calculating 
     the minimum State award under subsection (c)(5) of this 
     section.

     ``SEC. 1805. TASK FORCE ON TERRORISM PREPAREDNESS FOR FIRST 
                   RESPONDERS.

       ``(a) Establishment.--To assist the Secretary in updating, 
     revising, or replacing essential capabilities for terrorism 
     preparedness, the Secretary shall establish an advisory body 
     pursuant to section 871(a) not later than 60 days after the 
     date of the enactment of this section, which shall be known 
     as the Task Force on Terrorism Preparedness for First 
     Responders.
       ``(b) Update, Revise, or Replace.--The Secretary shall 
     regularly update, revise, or replace the essential 
     capabilities for terrorism preparedness as necessary, but not 
     less than every 3 years.
       ``(c) Report.--
       ``(1) In general.--The Task Force shall submit to the 
     Secretary, by not later than 12 months after its 
     establishment by the Secretary under subsection (a) and not 
     later than every 2 years thereafter, a report on its 
     recommendations for essential capabilities for terrorism 
     preparedness.
       ``(2) Contents.--Each report shall--
       ``(A) include a priority ranking of essential capabilities 
     in order to provide guidance to the Secretary and to the 
     Congress on determining the appropriate allocation of, and 
     funding levels for, first responder needs;
       ``(B) set forth a methodology by which any State or local 
     government will be able to determine the extent to which it 
     possesses or has access to the essential capabilities that 
     States and local governments having similar risks should 
     obtain;
       ``(C) describe the availability of national voluntary 
     consensus standards, and whether there is a need for new 
     national voluntary consensus standards, with respect to first 
     responder training and equipment;
       ``(D) include such additional matters as the Secretary may 
     specify in order to further the terrorism preparedness 
     capabilities of first responders; and
       ``(E) include such revisions to the contents of previous 
     reports as are necessary to take into account changes in the 
     most current risk assessment available by the Directorate for 
     Information Analysis and Infrastructure Protection or other 
     relevant information as determined by the Secretary.
       ``(3) Consistency with federal working group.--The Task 
     Force shall ensure that its recommendations for essential 
     capabilities for terrorism preparedness are, to the extent 
     feasible, consistent with any preparedness goals or 
     recommendations of the Federal working group established 
     under section 319F(a) of the Public Health Service Act (42 
     U.S.C. 247d-6(a)).
       ``(4) Comprehensiveness.--The Task Force shall ensure that 
     its recommendations regarding essential capabilities for 
     terrorism preparedness are made within the context of a 
     comprehensive State emergency management system.
       ``(5) Prior measures.--The Task Force shall ensure that its 
     recommendations regarding essential capabilities for 
     terrorism preparedness take into account any capabilities 
     that State or local officials have determined to be essential 
     and have undertaken since September 11, 2001, to prevent, 
     prepare for, respond to, or recover from terrorist attacks.
       ``(d) Membership.--
       ``(1) In general.--The Task Force shall consist of 25 
     members appointed by the Secretary, and shall, to the extent 
     practicable, represent a geographic (including urban and 
     rural) and substantive cross section of governmental and 
     nongovernmental first responder disciplines from the State 
     and local levels, including as appropriate--
       ``(A) members selected from the emergency response field, 
     including fire service and law enforcement, hazardous 
     materials response, emergency medical services, and emergency 
     management personnel (including public works personnel 
     routinely engaged in emergency response);
       ``(B) health scientists, emergency and inpatient medical 
     providers, and public health professionals, including experts 
     in emergency health care response to chemical, biological, 
     radiological, and nuclear terrorism, and experts in providing 
     mental health care during emergency response operations;
       ``(C) experts from Federal, State, and local governments, 
     and the private sector, representing standards-setting 
     organizations, including representation from the voluntary 
     consensus codes and standards development community, 
     particularly those with expertise in first responder 
     disciplines; and
       ``(D) State and local officials with expertise in terrorism 
     preparedness, subject to the condition that if any such 
     official is an elected official representing one of the two 
     major political parties, an equal number of elected officials 
     shall be selected from each such party.
       ``(2) Coordination with the department of health and health 
     services.--In the selection of members of the Task Force who 
     are health professionals, including emergency medical 
     professionals, the Secretary shall coordinate such selection 
     with the Secretary of Health and Human Services.
       ``(3) Ex officio members.--The Secretary and the Secretary 
     of Health and Human Services shall each designate one or more 
     officers of their respective Departments to serve as ex 
     officio members of the Task Force. One of the ex officio 
     members from the Department of Homeland Security shall be the 
     designated officer of the Federal Government for purposes of 
     subsection (e) of section 10 of the Federal Advisory 
     Committee Act (5 App. U.S.C.).
       ``(e) Applicability of Federal Advisory Committee Act.--
     Notwithstanding section 871(a), the Federal Advisory 
     Committee Act (5 App. U.S.C.), including subsections (a), 
     (b), and (d) of section 10 of such Act, and section 552b(c) 
     of title 5, United States Code, shall apply to the Task 
     Force.

     ``SEC. 1806. USE OF FUNDS AND ACCOUNTABILITY REQUIREMENTS.

       ``(a) In General.--A covered grant may be used for--
       ``(1) purchasing or upgrading equipment, including computer 
     software, to enhance terrorism preparedness;
       ``(2) exercises to strengthen terrorism preparedness;
       ``(3) training for prevention (including detection) of, 
     preparedness for, response to, or recovery from attacks 
     involving weapons of mass destruction, including training in 
     the use of equipment and computer software;
       ``(4) developing or updating State homeland security plans, 
     risk assessments, mutual aid agreements, and emergency 
     management plans to enhance terrorism preparedness;
       ``(5) establishing or enhancing mechanisms for sharing 
     terrorism threat information;
       ``(6) systems architecture and engineering, program 
     planning and management, strategy formulation and strategic 
     planning, life-cycle systems design, product and technology 
     evaluation, and prototype development for terrorism 
     preparedness purposes;
       ``(7) additional personnel costs resulting from--
       ``(A) elevations in the threat alert level of the Homeland 
     Security Advisory System by the Secretary, or a similar 
     elevation in threat alert level issued by a State, region, or 
     local government with the approval of the Secretary;
       ``(B) travel to and participation in exercises and training 
     in the use of equipment and on prevention activities; and
       ``(C) the temporary replacement of personnel during any 
     period of travel to and participation in exercises and 
     training in the use of equipment and on prevention 
     activities;
       ``(8) the costs of equipment (including software) required 
     to receive, transmit, handle, and store classified 
     information;
       ``(9) protecting critical infrastructure against potential 
     attack by the addition of barriers, fences, gates, and other 
     such devices, except that the cost of such measures may not 
     exceed the greater of--
       ``(A) $1,000,000 per project; or
       ``(B) such greater amount as may be approved by the 
     Secretary, which may not exceed 10 percent of the total 
     amount of the covered grant;
       ``(10) the costs of commercially available interoperable 
     communications equipment

[[Page S9141]]

     (which, where applicable, is based on national, voluntary 
     consensus standards) that the Secretary, in consultation with 
     the Chairman of the Federal Communications Commission, deems 
     best suited to facilitate interoperability, coordination, and 
     integration between and among emergency communications 
     systems, and that complies with prevailing grant guidance of 
     the Department for interoperable communications;
       ``(11) educational curricula development for first 
     responders to ensure that they are prepared for terrorist 
     attacks;
       ``(12) training and exercises to assist public elementary 
     and secondary schools in developing and implementing programs 
     to instruct students regarding age-appropriate skills to 
     prevent, prepare for, respond to, mitigate against, or 
     recover from an act of terrorism;
       ``(13) paying of administrative expenses directly related 
     to administration of the grant, except that such expenses may 
     not exceed 3 percent of the amount of the grant;
       ``(14) paying for the conduct of any activity permitted 
     under the Law Enforcement Terrorism Prevention Program, or 
     any such successor to such program; and
       ``(15) other appropriate activities as determined by the 
     Secretary.
       ``(b) Prohibited Uses.--Funds provided as a covered grant 
     may not be used--
       ``(1) to supplant State or local funds;
       ``(2) to construct buildings or other physical facilities;
       ``(3) to acquire land; or
       ``(4) for any State or local government cost sharing 
     contribution.
       ``(c) Multiple-Purpose Funds.--Nothing in this section 
     shall be construed to preclude State and local governments 
     from using covered grant funds in a manner that also enhances 
     first responder preparedness for emergencies and disasters 
     unrelated to acts of terrorism, if such use assists such 
     governments in achieving essential capabilities for terrorism 
     preparedness established by the Secretary.
       ``(d) Reimbursement of Costs.--(1) In addition to the 
     activities described in subsection (a), a covered grant may 
     be used to provide a reasonable stipend to paid-on-call or 
     volunteer first responders who are not otherwise compensated 
     for travel to or participation in training covered by this 
     section. Any such reimbursement shall not be considered 
     compensation for purposes of rendering such a first responder 
     an employee under the Fair Labor Standards Act of 1938 (29 
     U.S.C. 201 et seq.).
       ``(2) An applicant for a covered grant may petition the 
     Secretary for the reimbursement of the cost of any activity 
     relating to prevention (including detection) of, preparedness 
     for, response to, or recovery from acts of terrorism that is 
     a Federal duty and usually performed by a Federal agency, and 
     that is being performed by a State or local government (or 
     both) under agreement with a Federal agency.
       ``(e) Assistance Requirement.--The Secretary may not 
     require that equipment paid for, wholly or in part, with 
     funds provided as a covered grant be made available for 
     responding to emergencies in surrounding States, regions, and 
     localities, unless the Secretary undertakes to pay the costs 
     directly attributable to transporting and operating such 
     equipment during such response.
       ``(f) Flexibility in Unspent Homeland Security Grant 
     Funds.--Upon request by the recipient of a covered grant, the 
     Secretary may authorize the grantee to transfer all or part 
     of funds provided as the covered grant from uses specified in 
     the grant agreement to other uses authorized under this 
     section, if the Secretary determines that such transfer is in 
     the interests of homeland security.
       ``(g) State, Regional, and Tribal Responsibilities.--
       ``(1) Pass-through.--The Secretary shall require a 
     recipient of a covered grant that is a State to obligate or 
     otherwise make available to local governments, first 
     responders, and other local groups, to the extent required 
     under the State homeland security plan or plans specified in 
     the application for the grant, not less than 80 percent of 
     the grant funds, resources purchased with the grant funds 
     having a value equal to at least 80 percent of the amount of 
     the grant, or a combination thereof, by not later than the 
     end of the 45-day period beginning on the date the grant 
     recipient receives the grant funds.
       ``(2) Cost sharing.--
       ``(A) In general.--The Federal share of the costs of an 
     activity carried out with a covered grant to a State, region, 
     or directly eligible tribe awarded after the 2-year period 
     beginning on the date of the enactment of this section shall 
     not exceed 75 percent.
       ``(B) Interim rule.--The Federal share of the costs of an 
     activity carried out with a covered grant awarded before the 
     end of the 2-year period beginning on the date of the 
     enactment of this section shall be 100 percent.
       ``(C) In-kind matching.--Each recipient of a covered grant 
     may meet the matching requirement under subparagraph (A) by 
     making in-kind contributions of goods or services that are 
     directly linked with the purpose for which the grant is made, 
     including, but not limited to, any necessary personnel 
     overtime, contractor services, administrative costs, 
     equipment fuel and maintenance, and rental space.
       ``(3) Certifications regarding distribution of grant funds 
     to local governments.--Any State that receives a covered 
     grant shall certify to the Secretary, by not later than 30 
     days after the expiration of the period described in 
     paragraph (1) with respect to the grant, that the State has 
     made available for expenditure by local governments, first 
     responders, and other local groups the required amount of 
     grant funds pursuant to paragraph (1).
       ``(4) Quarterly report on homeland security spending.--The 
     Federal share described in paragraph (2)(A) may be increased 
     by up to 2 percent for any State, region, or directly 
     eligible tribe that, not later than 30 days after the end of 
     each fiscal quarter, submits to the Secretary a report on 
     that fiscal quarter. Each such report must include, for each 
     recipient of a covered grant or a pass-through under 
     paragraph (1)--
       ``(A) the amount obligated to that recipient in that 
     quarter;
       ``(B) the amount expended by that recipient in that 
     quarter; and
       ``(C) a summary description of the items purchased by such 
     recipient with such amount.
       ``(5) Annual report on homeland security spending.--Each 
     recipient of a covered grant shall submit an annual report to 
     the Secretary not later than 60 days after the end of each 
     Federal fiscal year. Each recipient of a covered grant that 
     is a region must simultaneously submit its report to each 
     State of which any part is included in the region. Each 
     recipient of a covered grant that is a directly eligible 
     tribe must simultaneously submit its report to each State 
     within the boundaries of which any part of such tribe is 
     located. Each report must include the following:
       ``(A) The amount, ultimate recipients, and dates of receipt 
     of all funds received under the grant during the previous 
     fiscal year.
       ``(B) The amount and the dates of disbursements of all such 
     funds expended in compliance with paragraph (1) or pursuant 
     to mutual aid agreements or other sharing arrangements that 
     apply within the State, region, or directly eligible tribe, 
     as applicable, during the previous fiscal year.
       ``(C) How the funds were utilized by each ultimate 
     recipient or beneficiary during the preceding fiscal year.
       ``(D) The extent to which essential capabilities identified 
     in the applicable State homeland security plan or plans were 
     achieved, maintained, or enhanced as the result of the 
     expenditure of grant funds during the preceding fiscal year.
       ``(E) The extent to which essential capabilities identified 
     in the applicable State homeland security plan or plans 
     remain unmet.
       ``(6) Inclusion of restricted annexes.--A recipient of a 
     covered grant may submit to the Secretary an annex to the 
     annual report under paragraph (5) that is subject to 
     appropriate handling restrictions, if the recipient believes 
     that discussion in the report of unmet needs would reveal 
     sensitive but unclassified information.
       ``(7) Provision of reports.--The Secretary shall ensure 
     that each annual report under paragraph (5) is provided to 
     the Under Secretary for Emergency Preparedness and Response 
     and the Director of the Office for Domestic Preparedness.
       ``(h) Incentives to Efficient Administration of Homeland 
     Security Grants.--
       ``(1) Penalties for delay in passing through local share.--
     If a recipient of a covered grant that is a State fails to 
     pass through to local governments, first responders, and 
     other local groups funds or resources required by subsection 
     (g)(1) within 45 days after receiving funds under the grant, 
     the Secretary may--
       ``(A) reduce grant payments to the grant recipient from the 
     portion of grant funds that is not required to be passed 
     through under subsection (g)(1);
       ``(B) terminate payment of funds under the grant to the 
     recipient, and transfer the appropriate portion of those 
     funds directly to local first responders that were intended 
     to receive funding under that grant; or
       ``(C) impose additional restrictions or burdens on the 
     recipient's use of funds under the grant, which may include--
       ``(i) prohibiting use of such funds to pay the grant 
     recipient's grant-related overtime or other expenses;
       ``(ii) requiring the grant recipient to distribute to local 
     government beneficiaries all or a portion of grant funds that 
     are not required to be passed through under subsection 
     (g)(1); or
       ``(iii) for each day that the grant recipient fails to pass 
     through funds or resources in accordance with subsection 
     (g)(1), reducing grant payments to the grant recipient from 
     the portion of grant funds that is not required to be passed 
     through under subsection (g)(1), except that the total amount 
     of such reduction may not exceed 20 percent of the total 
     amount of the grant.
       ``(2) Extension of period.--The Governor of a State may 
     request in writing that the Secretary extend the 45-day 
     period under section 1803(e)(5)(E) or paragraph (1) for an 
     additional 15-day period. The Secretary may approve such a 
     request, and may extend such period for additional 15-day 
     periods, if the Secretary determines that the resulting delay 
     in providing grant funding to the local government entities 
     that will receive funding under the grant will not have a 
     significant detrimental impact on such entities' terrorism 
     preparedness efforts.
       ``(3) Provision of non-local share to local government.--
       ``(A) In general.--The Secretary may upon request by a 
     local government pay to the local government a portion of the 
     amount of

[[Page S9142]]

     a covered grant awarded to a State in which the local 
     government is located, if--
       ``(i) the local government will use the amount paid to 
     expedite planned enhancements to its terrorism preparedness 
     as described in any applicable State homeland security plan 
     or plans;
       ``(ii) the State has failed to pass through funds or 
     resources in accordance with subsection (g)(1); and
       ``(iii) the local government complies with subparagraphs 
     (B) and (C).
       ``(B) Showing required.--To receive a payment under this 
     paragraph, a local government must demonstrate that--
       ``(i) it is identified explicitly as an ultimate recipient 
     or intended beneficiary in the approved grant application;
       ``(ii) it was intended by the grantee to receive a 
     severable portion of the overall grant for a specific purpose 
     that is identified in the grant application;
       ``(iii) it petitioned the grantee for the funds or 
     resources after expiration of the period within which the 
     funds or resources were required to be passed through under 
     subsection (g)(1); and
       ``(iv) it did not receive the portion of the overall grant 
     that was earmarked or designated for its use or benefit.
       ``(C) Effect of payment.--Payment of grant funds to a local 
     government under this paragraph--
       ``(i) shall not affect any payment to another local 
     government under this paragraph; and
       ``(ii) shall not prejudice consideration of a request for 
     payment under this paragraph that is submitted by another 
     local government.
       ``(D) Deadline for action by secretary.--The Secretary 
     shall approve or disapprove each request for payment under 
     this paragraph by not later than 15 days after the date the 
     request is received by the Department.
       ``(i) Reports to Congress.--The Secretary shall submit an 
     annual report to the Congress by January 31 of each year 
     covering the preceding fiscal year--
       ``(1) describing in detail the amount of Federal funds 
     provided as covered grants that were directed to each State, 
     region, and directly eligible tribe in the preceding fiscal 
     year;
       ``(2) containing information on the use of such grant funds 
     by grantees; and
       ``(3) describing--
       ``(A) the Nation's progress in achieving, maintaining, and 
     enhancing the essential capabilities established by the 
     Secretary as a result of the expenditure of covered grant 
     funds during the preceding fiscal year; and
       ``(B) an estimate of the amount of expenditures required to 
     attain across the United States the essential capabilities 
     established by the Secretary.

     ``SEC. 1807. NATIONAL STANDARDS FOR FIRST RESPONDER EQUIPMENT 
                   AND TRAINING.

       ``(a) Equipment Standards.--
       ``(1) In general.--The Secretary, in consultation with the 
     Under Secretaries for Emergency Preparedness and Response and 
     Science and Technology and the Director of the Office for 
     Domestic Preparedness, shall, not later than 6 months after 
     the date of the enactment of this section, support the 
     development of, promulgate, and update as necessary national 
     voluntary consensus standards for the performance, use, and 
     validation of first responder equipment for purposes of 
     section 1805(e)(7). Such standards--
       ``(A) shall be, to the maximum extent practicable, 
     consistent with any existing voluntary consensus standards;
       ``(B) shall take into account, as appropriate, new types of 
     terrorism threats that may not have been contemplated when 
     such existing standards were developed;
       ``(C) shall be focused on maximizing interoperability, 
     interchangeability, durability, flexibility, efficiency, 
     efficacy, portability, sustainability, and safety; and
       ``(D) shall cover all appropriate uses of the equipment.
       ``(2) Required categories.--In carrying out paragraph (1), 
     the Secretary shall specifically consider the following 
     categories of first responder equipment:
       ``(A) Thermal imaging equipment.
       ``(B) Radiation detection and analysis equipment.
       ``(C) Biological detection and analysis equipment.
       ``(D) Chemical detection and analysis equipment.
       ``(E) Decontamination and sterilization equipment.
       ``(F) Personal protective equipment, including garments, 
     boots, gloves, and hoods and other protective clothing.
       ``(G) Respiratory protection equipment.
       ``(H) Interoperable communications, including wireless and 
     wireline voice, video, and data networks.
       ``(I) Explosive mitigation devices and explosive detection 
     and analysis equipment.
       ``(J) Containment vessels.
       ``(K) Contaminant-resistant vehicles.
       ``(L) Such other equipment for which the Secretary 
     determines that national voluntary consensus standards would 
     be appropriate.
       ``(b) Training Standards.--
       ``(1) In general.--The Secretary, in consultation with the 
     Under Secretaries for Emergency Preparedness and Response and 
     Science and Technology and the Director of the Office for 
     Domestic Preparedness, shall support the development of, 
     promulgate, and regularly update as necessary national 
     voluntary consensus standards for first responder training 
     carried out with amounts provided under covered grant 
     programs, that will enable State and local government first 
     responders to achieve optimal levels of terrorism 
     preparedness as quickly as practicable. Such standards shall 
     give priority to providing training to--
       ``(A) enable first responders to prevent, prepare for, 
     respond to, mitigate against, and recover from terrorist 
     threats, including threats from chemical, biological, 
     nuclear, and radiological weapons and explosive devices 
     capable of inflicting significant human casualties; and
       ``(B) familiarize first responders with the proper use of 
     equipment, including software, developed pursuant to the 
     standards established under subsection (a).
       ``(2) Required categories.--In carrying out paragraph (1), 
     the Secretary specifically shall include the following 
     categories of first responder activities:
       ``(A) Regional planning.
       ``(B) Joint exercises.
       ``(C) Intelligence collection, analysis, and sharing.
       ``(D) Emergency notification of affected populations.
       ``(E) Detection of biological, nuclear, radiological, and 
     chemical weapons of mass destruction.
       ``(F) Such other activities for which the Secretary 
     determines that national voluntary consensus training 
     standards would be appropriate.
       ``(3) Consistency.--In carrying out this subsection, the 
     Secretary shall ensure that such training standards are 
     consistent with the principles of emergency preparedness for 
     all hazards.
       ``(c) Consultation With Standards Organizations.--In 
     establishing national voluntary consensus standards for first 
     responder equipment and training under this section, the 
     Secretary shall consult with relevant public and private 
     sector groups, including--
       ``(1) the National Institute of Standards and Technology;
       ``(2) the National Fire Protection Association;
       ``(3) the National Association of County and City Health 
     Officials;
       ``(4) the Association of State and Territorial Health 
     Officials;
       ``(5) the American National Standards Institute;
       ``(6) the National Institute of Justice;
       ``(7) the Inter-Agency Board for Equipment Standardization 
     and Interoperability;
       ``(8) the National Public Health Performance Standards 
     Program;
       ``(9) the National Institute for Occupational Safety and 
     Health;
       ``(10) ASTM International;
       ``(11) the International Safety Equipment Association;
       ``(12) the Emergency Management Accreditation Program; and
       ``(13) to the extent the Secretary considers appropriate, 
     other national voluntary consensus standards development 
     organizations, other interested Federal, State, and local 
     agencies, and other interested persons.
       ``(d) Coordination With Secretary of HHS.--In establishing 
     any national voluntary consensus standards under this section 
     for first responder equipment or training that involve or 
     relate to health professionals, including emergency medical 
     professionals, the Secretary shall coordinate activities 
     under this section with the Secretary of Health and Human 
     Services.''.
       (b) Definition of Emergency Response Providers.--Paragraph 
     (6) of section 2 of the Homeland Security Act of 2002 (Public 
     Law 107-296; 6 U.S.C. 101(6)) is amended by striking 
     ``includes'' and all that follows and inserting ``includes 
     Federal, State, and local governmental and nongovernmental 
     emergency public safety, law enforcement, fire, emergency 
     response, emergency medical (including hospital emergency 
     facilities), and related personnel, organizations, agencies, 
     and authorities.''.

     SEC. 114. SUPERSEDED PROVISION.

       This chapter supersedes section 1014(c)(3) of Public Law 
     107-56.

     SEC. 115. OVERSIGHT.

       The Secretary of Homeland Security shall establish within 
     the Office for Domestic Preparedness an Office of the 
     Comptroller to oversee the grants distribution process and 
     the financial management of the Office for Domestic 
     Preparedness.

     SEC. 116. GAO REPORT ON AN INVENTORY AND STATUS OF HOMELAND 
                   SECURITY FIRST RESPONDER TRAINING.

       (a) In General.--The Comptroller General of the United 
     States shall report to Congress in accordance with this 
     section--
       (1) on the overall inventory and status of first responder 
     training programs of the Department of Homeland Security and 
     other departments and agencies of the Federal Government; and
       (2) the extent to which such programs are coordinated.
       (b) Contents of Reports.--The reports under this section 
     shall include--
       (1) an assessment of the effectiveness of the structure and 
     organization of such training programs;
       (2) recommendations to--
       (A) improve the coordination, structure, and organization 
     of such training programs; and
       (B) increase the availability of training to first 
     responders who are not able to attend centralized training 
     programs;

[[Page S9143]]

       (3) the structure and organizational effectiveness of such 
     programs for first responders in rural communities;
       (4) identification of any duplication or redundancy among 
     such programs;
       (5) a description of the use of State and local training 
     institutions, universities, centers, and the National 
     Domestic Preparedness Consortium in designing and providing 
     training;
       (6) a cost-benefit analysis of the costs and time required 
     for first responders to participate in training courses at 
     Federal institutions;
       (7) an assessment of the approval process for certifying 
     non-Department of Homeland Security training courses that are 
     useful for anti-terrorism purposes as eligible for grants 
     awarded by the Department;
       (8) a description of the use of Department of Homeland 
     Security grant funds by States and local governments to 
     acquire training;
       (9) an analysis of the feasibility of Federal, State, and 
     local personnel to receive the training that is necessary to 
     adopt the National Response Plan and the National Incident 
     Management System; and
       (10) the role of each first responder training institution 
     within the Department of Homeland Security in the design and 
     implementation of terrorism preparedness and related training 
     courses for first responders.
       (c) Deadlines.--The Comptroller General shall--
       (1) submit a report under subsection (a)(1) by not later 
     than 60 days after the date of the enactment of this Act; and
       (2) submit a report on the remainder of the topics required 
     by this section by not later than 120 days after the date of 
     the enactment of this Act.

     SEC. 117. REMOVAL OF CIVIL LIABILITY BARRIERS THAT DISCOURAGE 
                   THE DONATION OF FIRE EQUIPMENT TO VOLUNTEER 
                   FIRE COMPANIES.

       (a) Liability Protection.--A person who donates fire 
     control or fire rescue equipment to a volunteer fire company 
     shall not be liable for civil damages under any State or 
     Federal law for personal injuries, property damage or loss, 
     or death caused by the equipment after the donation.
       (b) Exceptions.--Subsection (a) does not apply to a person 
     if--
       (1) the person's act or omission causing the injury, 
     damage, loss, or death constitutes gross negligence or 
     intentional misconduct; or
       (2) the person is the manufacturer of the fire control or 
     fire rescue equipment.
       (c) Preemption.--This section preempts the laws of any 
     State to the extent that such laws are inconsistent with this 
     section, except that notwithstanding subsection (b) this 
     section shall not preempt any State law that provides 
     additional protection from liability for a person who donates 
     fire control or fire rescue equipment to a volunteer fire 
     company.
       (d) Definitions.--In this section:
       (1) Person.--The term ``person'' includes any governmental 
     or other entity.
       (2) Fire control or rescue equipment.--The term ``fire 
     control or fire rescue equipment'' includes any fire vehicle, 
     fire fighting tool, communications equipment, protective 
     gear, fire hose, or breathing apparatus.
       (3) State.--The term ``State'' includes the several States, 
     the District of Columbia, the Commonwealth of Puerto Rico, 
     the Commonwealth of the Northern Mariana Islands, American 
     Samoa, Guam, the Virgin Islands, any other territory or 
     possession of the United States, and any political 
     subdivision of any such State, territory, or possession.
       (4) Volunteer fire company.--The term ``volunteer fire 
     company'' means an association of individuals who provide 
     fire protection and other emergency services, where at least 
     30 percent of the individuals receive little or no 
     compensation compared with an entry level full-time paid 
     individual in that association or in the nearest such 
     association with an entry level full-time paid individual.
       (e) Effective Date.--This section applies only to liability 
     for injury, damage, loss, or death caused by equipment that, 
     for purposes of subsection (a), is donated on or after the 
     date that is 30 days after the date of the enactment of this 
     Act.

                  Subtitle B--Transportation Security

     SEC. 121. REPORT ON NATIONAL STRATEGY FOR TRANSPORTATION 
                   SECURITY.

       (a) Report; Certification.--Not later than 30 days after 
     the date of the enactment of this Act, and every 30 days 
     thereafter, the Secretary of Transportation shall submit to 
     the relevant congressional committees a report on the 
     recommendations of the 9/11 Commission and the policy goals 
     of the Intelligence Reform and Terrorism Prevention Act of 
     2004 (Public Law 108-458) with respect to completion of a 
     national strategy for transportation security. Such report 
     shall include--
       (1) a certification by the Secretary of Transportation that 
     such recommendations have been implemented and such policy 
     goals have been achieved; or
       (2) if the Secretary of Transportation is unable to make 
     the certification described in paragraph (1), a description 
     of--
       (A) the steps taken to implement such recommendations and 
     achieve such policy goals;
       (B) when the Secretary expects such recommendations to be 
     implemented and such policy goals to be achieved; and
       (C) any allocation of resources or other actions by 
     Congress the Secretary considers necessary to implement such 
     recommendations and achieve such policy goals.
       (b) Termination of Duty to Report.--The duty to submit a 
     report under subsection (a) shall terminate when the 
     Secretary of Transportation submits a certification pursuant 
     to subsection (a)(1).
       (c) GAO Review of Certification.--If the Secretary of 
     Transportation submits a certification pursuant to subsection 
     (a)(1), not later than 30 days after the submission of such 
     certification, the Comptroller General shall submit to the 
     relevant congressional committees a report on whether the 
     recommendations described in such subsection (e) have been 
     implemented and whether the policy goals described in 
     subsection (a) have been achieved.

     SEC. 122. REPORT ON AIRLINE PASSENGER PRE-SCREENING.

       (a) Report; Certification.--Not later than 30 days after 
     the date of the enactment of this Act, and every 30 days 
     thereafter, the Secretary of Transportation shall submit to 
     the relevant congressional committees a report on the 
     recommendations of the 9/11 Commission and the policy goals 
     of the Intelligence Reform and Terrorism Prevention Act of 
     2004 (Public Law 108-458) with respect to improving airline 
     passenger pre-screening. Such report shall include--
       (1) a certification by the Secretary of Transportation that 
     such recommendations have been implemented and such policy 
     goals have been achieved; or
       (2) if the Secretary of Transportation is unable to make 
     the certification described in paragraph (1), a description 
     of--
       (A) the steps taken to implement such recommendations and 
     achieve such policy goals;
       (B) when the Secretary expects such recommendations to be 
     implemented and such policy goals to be achieved; and
       (C) any allocation of resources or other actions by 
     Congress the Secretary considers necessary to implement such 
     recommendations and achieve such policy goals.
       (b) Termination of Duty to Report.--The duty to submit a 
     report under subsection (a) shall terminate when the 
     Secretary of Transportation submits a certification pursuant 
     to subsection (a)(1).
       (c) GAO Review of Certification.--If the Secretary of 
     Transportation submits a certification pursuant to subsection 
     (a)(1), not later than 30 days after the submission of such 
     certification, the Comptroller General shall submit to the 
     relevant congressional committees a report on whether the 
     recommendations described in subsection (a) have been 
     implemented and whether the policy goals described in 
     subsection (a) have been achieved.

     SEC. 123. REPORT ON DETECTION OF EXPLOSIVES AT AIRLINE 
                   SCREENING CHECKPOINTS.

       (a) Report; Certification.--Not later than 30 days after 
     the date of the enactment of this Act, and every 30 days 
     thereafter, the Secretary of Transportation shall submit to 
     the relevant congressional committees a report on the 
     recommendations of the 9/11 Commission and the policy goals 
     of the Intelligence Reform and Terrorism Prevention Act of 
     2004 (Public Law 108-458) with respect to the improvement of 
     airline screening checkpoints to detect explosives. Such 
     report shall include--
       (1) a certification by the Secretary of Transportation that 
     such recommendations have been implemented and such policy 
     goals have been achieved; or
       (2) if the Secretary of Transportation is unable to make 
     the certification described in paragraph (1), a description 
     of--
       (A) the steps taken to implement such recommendations and 
     achieve such policy goals;
       (B) when the Secretary expects such recommendations to be 
     implemented and such policy goals to be achieved; and
       (C) any allocation of resources or other actions by 
     Congress the Secretary considers necessary to implement such 
     recommendations and achieve such policy goals.
       (b) Termination of Duty to Report.--The duty to submit a 
     report under subsection (a) shall terminate when the 
     Secretary of Transportation submits a certification pursuant 
     to subsection (a)(1).
       (c) GAO Review of Certification.--If the Secretary of 
     Transportation submits a certification pursuant to subsection 
     (a)(1), not later than 30 days after the submission of such 
     certification, the Comptroller General shall submit to the 
     relevant congressional committees a report on whether the 
     recommendations described in subsection (a) have been 
     implemented and whether the policy goals described in 
     subsection (a) have been achieved.

     SEC. 124. REPORT ON COMPREHENSIVE SCREENING PROGRAM.

       (a) Report; Certification.--Not later than 30 days after 
     the date of the enactment of this Act, and every 30 days 
     thereafter, the Secretary of Transportation shall submit to 
     the relevant congressional committees a report on the 
     recommendations of the 9/11 Commission and the policy goals 
     of the Intelligence Reform and Terrorism Prevention Act of 
     2004 (Public Law 108-458) with respect to implementation of a 
     comprehensive screening program. Such report shall include--
       (1) a certification by the Secretary of Transportation that 
     such recommendations have been implemented and such policy 
     goals have been achieved; or
       (2) if the Secretary of Transportation is unable to make 
     the certification described in paragraph (1), a description 
     of--

[[Page S9144]]

       (A) the steps taken to implement such recommendations and 
     achieve such policy goals;
       (B) when the Secretary expects such recommendations to be 
     implemented and such policy goals to be achieved; and
       (C) any allocation of resources or other actions by 
     Congress the Secretary considers necessary to implement such 
     recommendations and achieve such policy goals.
       (b) Termination of Duty to Report.--The duty to submit a 
     report under subsection (a) shall terminate when the 
     Secretary of Transportation submits a certification pursuant 
     to subsection (a)(1).
       (c) GAO Review of Certification.--If the Secretary of 
     Transportation submits a certification pursuant to subsection 
     (a)(1), not later than 30 days after the submission of such 
     certification, the Comptroller General shall submit to the 
     relevant congressional committees a report on whether the 
     recommendations described in subsection (a) have been 
     implemented and whether the policy goals described in 
     subsection (a) have been achieved.

     SEC. 125. RELEVANT CONGRESSIONAL COMMITTEES DEFINED.

       In this subtitle, the term ``relevant congressional 
     committees'' means--
       (1) the Committee on Homeland Security of the House of 
     Representatives;
       (2) the Committee on Government Reform of the House of 
     Representatives;
       (3) the Committee on Transportation and Infrastructure of 
     the House of Representatives;
       (4) the Committee on Homeland Security and Government 
     Affairs of the Senate; and
       (5) the Committee on Environment and Public Works of the 
     Senate.

                      Subtitle C--Border Security

     SEC. 131. COUNTERTERRORIST TRAVEL INTELLIGENCE.

       (a) Report; Certification.--Not later than 30 days after 
     the date of the enactment of this Act, and every 30 days 
     thereafter, the Director of the National Counterterrorism 
     Center shall submit to the relevant congressional committees 
     a report on the recommendations of the 9/11 Commission and 
     the policy goals of the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (Public Law 108-458) with respect to 
     improving collection and analysis of intelligence on 
     terrorist travel. Each such report shall include--
       (1) a certification that such recommendations have been 
     implemented and such policy goals have been achieved; or
       (2) if the Director of the National Counterterrorism Center 
     is unable to make the certification described in paragraph 
     (1), a description of--
       (A) the steps taken to implement such recommendations and 
     achieve such policy goals;
       (B) when such recommendations are expected to be 
     implemented and such policy goals to be achieved; and
       (C) any allocation of resources or other actions by 
     Congress considered necessary to implement such 
     recommendations and achieve such policy goals.
       (b) Termination of Duty to Report.--The duty of the 
     Director of the National Counterterrorism Center to submit a 
     report under subsection (a) shall terminate when the 
     Secretary submits a certification pursuant to subsection 
     (a)(1). The duty of the Director of National Intelligence to 
     submit a report under subsection (a) shall terminate when the 
     Director submits a certification pursuant to subsection 
     (a)(1).
       (c) GAO Review of Certification.--If the Director of the 
     National Counterterrorism submits a certification pursuant to 
     subsection (a)(1), not later than 30 days after the 
     submission of such certification, the Comptroller General 
     shall submit to the relevant congressional committees a 
     report on whether the recommendations described in subsection 
     (a) have been implemented and whether the policy goals 
     described in subsection (a) have been achieved.
       (d) Relevant Congressional Committees Defined.--In this 
     section, the term ``relevant congressional committees'' means 
     the following:
       (1) The Committee on Homeland Security of the House of 
     Representatives.
       (2) The Committee on Government Reform of the House of 
     Representatives.
       (3) The Committee on Transportation and Infrastructure of 
     the House of Representatives.
       (4) The Committee on Homeland Security and Governmental 
     Affairs of the Senate.
       (5) The Committee on Environment and Public Works of the 
     Senate.
       (6) The Select Committee on Intelligence of the Senate.
       (7) The Permanent Select Committee on Intelligence of the 
     House of Representatives.

     SEC. 132. COMPREHENSIVE SCREENING SYSTEM.

       (a) Report; Certification.--Not later than 30 days after 
     the date of the enactment of this Act, and every 30 days 
     thereafter, the Secretary of Homeland Security and the 
     Secretary of Transportation shall each submit to the relevant 
     congressional committees a report on the recommendations of 
     the 9/11 Commission and the policy goals of the Intelligence 
     Reform and Terrorism Prevention Act of 2004 (Public Law 108-
     458) with respect to the establishment of the comprehensive 
     screening system described in Presidential Homeland Security 
     Directive 11 (dated August 27, 2004). Each such report shall 
     include--
       (1) a certification that such recommendations have been 
     implemented and such policy goals have been achieved; or
       (2) if either the Secretary of Homeland Security or the 
     Secretary of Transportation is unable to make the 
     certification described in paragraph (1), a description of--
       (A) the steps taken to implement such recommendations and 
     achieve such policy goals;
       (B) when such recommendations are expected to be 
     implemented and such policy goals to be achieved; and
       (C) any allocation of resources or other actions by 
     Congress considered necessary to implement such 
     recommendations and achieve such policy goals.
       (b) Termination of Duty to Report.--The duty of the 
     Secretary of Homeland Security to submit a report under 
     subsection (a) shall terminate when the Secretary of Homeland 
     Security submits a certification pursuant to subsection 
     (a)(1). The duty of the Secretary of Transportation to submit 
     a report under subsection (a) shall terminate when the 
     Secretary of Transportation submits a certification pursuant 
     to subsection (a)(1).
       (c) GAO Review of Certification.--If the Secretary of 
     Homeland Security and the Secretary of Transportation both 
     submit certifications pursuant to subsection (a)(1), not 
     later than 30 days after the submission of such 
     certifications, the Comptroller General shall submit to the 
     relevant congressional committees a report on whether the 
     recommendations described in subsection (a) have been 
     implemented and whether the policy goals described in 
     subsection (a) have been achieved.
       (d) Relevant Congressional Committees Defined.--In this 
     section, the term ``relevant congressional committees'' means 
     the following:
       (1) The Committee on Homeland Security of the House of 
     Representatives.
       (2) The Committee on Government Reform of the House of 
     Representatives.
       (3) The Committee on Transportation and Infrastructure of 
     the House of Representatives.
       (4) The Committee on Homeland Security and Governmental 
     Affairs of the Senate.
       (5) The Committee on Environment and Public Works of the 
     Senate.

     SEC. 133. BIOMETRIC ENTRY AND EXIT DATA SYSTEM.

       (a) Report; Certification.--Not later than 30 days after 
     the date of the enactment of this Act, and every 30 days 
     thereafter, the Secretary of Homeland Security shall submit 
     to the relevant congressional committees a report on the 
     recommendations of the 9/11 Commission and the policy goals 
     of the Intelligence Reform and Terrorism Prevention Act of 
     2004 (Public Law 108-458) with respect to the completion of a 
     biometric entry and exit data system. Each such report shall 
     include--
       (1) a certification that such recommendations have been 
     implemented and such policy goals have been achieved; or
       (2) if the Secretary of Homeland Security is unable to make 
     the certification described in paragraph (1), a description 
     of--
       (A) the steps taken to implement such recommendations and 
     achieve such policy goals;
       (B) when such recommendations are expected to be 
     implemented and such policy goals to be achieved; and
       (C) any allocation of resources or other actions by 
     Congress the Secretary considers necessary to implement such 
     recommendations and achieve such policy goals.
       (b) Termination of Duty to Report.--The duty to submit a 
     report under subsection (a) shall terminate when the 
     Secretary of Homeland Security submits a certification 
     pursuant to subsection (a)(1).
       (c) GAO Review of Certification.--If the Secretary of 
     Homeland Security submits a certification pursuant to 
     subsection (a)(1), not later than 30 days after the 
     submission of such certification, the Comptroller General 
     shall submit to the relevant congressional committees a 
     report on whether the recommendations described in subsection 
     (a) have been implemented and whether the policy goals 
     described in subsection (a) have been achieved.
       (d) Relevant Congressional Committees Defined.--In this 
     section, the term ``relevant congressional committees'' means 
     the following:
       (1) The Committee on Homeland Security of the House of 
     Representatives.
       (2) The Committee on Government Reform of the House of 
     Representatives.
       (3) The Committee on the Judiciary of the House of 
     Representatives.
       (4) The Committee on Homeland Security and Governmental 
     Affairs of the Senate.
       (5) The Committee on the Judiciary of the Senate.

     SEC. 134. INTERNATIONAL COLLABORATION ON BORDER AND DOCUMENT 
                   SECURITY.

       (a) Report; Certification.--Not later than 30 days after 
     the date of the enactment of this Act, and every 30 days 
     thereafter, the Secretary of Homeland Security and the 
     Secretary of State shall each submit to the relevant 
     congressional committees a report on the recommendations of 
     the 9/11 Commission and the policy goals of the Intelligence 
     Reform and Terrorism Prevention Act of 2004 (Public Law 108-
     458) with respect to international collaboration on border 
     and document security. Each such report shall include--
       (1) a certification that such recommendations have been 
     implemented and such policy goals have been achieved; or

[[Page S9145]]

       (2) if either the Secretary of Homeland Security or the 
     Secretary of State is unable to make the certification 
     described in paragraph (1), a description of--
       (A) the steps taken to implement such recommendations and 
     achieve such policy goals;
       (B) when such recommendations are expected to be 
     implemented and such policy goals to be achieved; and
       (C) any allocation of resources or other actions by 
     Congress considered necessary to implement such 
     recommendations and achieve such policy goals.
       (b) Termination of Duty to Report.--The duty of the 
     Secretary of Homeland Security to submit a report under 
     subsection (a) shall terminate when the Secretary of Homeland 
     Security submits a certification pursuant to subsection 
     (a)(1). The duty of the Secretary of State to submit a report 
     under subsection (a) shall terminate when the Secretary of 
     State submits a certification pursuant to subsection (a)(1).
       (c) GAO Review of Certification.--If the Secretary of 
     Homeland Security and the Secretary of State both submit 
     certifications pursuant to subsection (a)(1), not later than 
     30 days after the submission of such certifications, the 
     Comptroller General shall submit to the relevant 
     congressional committees a report on whether the 
     recommendations described in subsection (a) have been 
     implemented and whether the policy goals described in 
     subsection (a) have been achieved.
       (d) Watch List.--The Comptroller General shall submit to 
     the relevant congressional committees a report assessing the 
     sharing of the consolidated and integrated terrorist watch 
     list maintained by the Federal Government with countries 
     designated to participate in the visa waiver program 
     established under section 217 of the Immigration and 
     Nationality Act (8 U.S.C. 1187).
       (e) Fingerprinting in Domestic and Foreign Passports.--
       (1) Use in united states passports.--
       (A) In general.--Section 215(b) of the Immigration and 
     Nationality Act (8 U.S.C. 1185(b)) is amended by inserting 
     after ``passport'' the following: ``that contains the 
     fingerprints of the citizen involved''.
       (B) Effective date.--The amendment made by subparagraph (A) 
     shall apply to passports issued on or after the date that is 
     90 days after the date of the enactment of this Act.
       (2) Use in foreign passports.--
       (A) In general.--Section 212(a)(7) of such Act (8 U.S.C. 
     1182(a)(7)) is amended by adding at the end the following new 
     subparagraph:
       ``(C) Requirement for fingerprints on passports.--No 
     passport of an alien shall be considered valid for purposes 
     of subparagraph (A) or (B) unless the passport contains the 
     fingerprints of the alien.''.
       (B) Effective date.--The amendment made by subparagraph (A) 
     shall apply to aliens applying for admission to the United 
     States on or after the date that is 90 days after the date of 
     the enactment of this Act.
       (f) Relevant Congressional Committees Defined.--In this 
     section, the term ``relevant congressional committees'' means 
     the following:
       (1) The Committee on Homeland Security of the House of 
     Representatives.
       (2) The Committee on Government Reform of the House of 
     Representatives.
       (3) The Committee on the International Relations of the 
     House of Representatives.
       (4) The Committee on the Judiciary of the House of 
     Representatives.
       (5) The Committee on Homeland Security and Governmental 
     Affairs of the Senate.
       (6) The Committee on the Judiciary of the Senate.
       (7) The Committee on Foreign Relations of the Senate.

     SEC. 135. STANDARDIZATION OF SECURE IDENTIFICATION.

       (a) Report; Certification.--Not later than 30 days after 
     the date of the enactment of this Act, and every 30 days 
     thereafter, the Secretary of Homeland Security and the 
     Secretary of Health and Human Services shall each submit to 
     the relevant congressional committees a report on the 
     recommendations of the 9/11 Commission and the policy goals 
     of the Intelligence Reform and Terrorism Prevention Act of 
     2004 (Public Law 108-458) with respect to the establishment 
     of standardization of secure identification. Each such report 
     shall include--
       (1) a certification that such recommendations have been 
     implemented and such policy goals have been achieved; or
       (2) if either the Secretary of Homeland Security or the 
     Secretary of Health and Human Services is unable to make the 
     certification described in paragraph (1), a description of--
       (A) the steps taken to implement such recommendations and 
     achieve such policy goals;
       (B) when such recommendations are expected to be 
     implemented and such policy goals to be achieved; and
       (C) any allocation of resources or other actions by 
     Congress the Secretary considers necessary to implement such 
     recommendations and achieve such policy goals.
       (b) Termination of Duty to Report.--The duty to submit a 
     report under subsection (a) shall terminate--
       (1) for the Secretary of Homeland Security, when the 
     Secretary of Homeland Security submits a certification 
     pursuant to subsection (a)(1); and
       (2) for the Secretary of Health and Human Services, when 
     the Secretary of Health and Human Services submits a 
     certification pursuant to subsection (a)(1).
       (c) GAO Review of Certification.--If the Secretary of 
     Homeland Security and the Secretary of Health and Human 
     Services submit certifications pursuant to subsection (a)(1), 
     not later than 30 days after the submission of such 
     certifications, the Comptroller General shall submit to the 
     relevant congressional committees a report on whether the 
     recommendations described in subsection (a) have been 
     implemented and whether the policy goals described in 
     subsection (a) have been achieved.
       (d) Relevant Congressional Committees Defined.--In this 
     section, the term ``relevant congressional committees'' means 
     the following:
       (1) The Committee on Homeland Security of the House of 
     Representatives.
       (2) The Committee on Government Reform of the House of 
     Representatives.
       (3) The Committee on the Judiciary of the House of 
     Representatives.
       (4) The Committee on Ways and Means of the House of 
     Representatives.
       (5) The Committee on Finance of the Senate.
       (6) The Committee on Homeland Security and Governmental 
     Affairs of the Senate.

     SEC. 136. SECURITY ENHANCEMENTS FOR SOCIAL SECURITY CARDS.

       (a) Report; Certification.--Not later than 30 days after 
     the date of the enactment of this Act, and every 30 days 
     thereafter, the Commissioner of Social Security shall submit 
     to the relevant congressional committees a report on the 
     recommendations of the 9/11 Commission and the policy goals 
     of the Intelligence Reform and Terrorism Prevention Act of 
     2004 (Public Law 108-458) with respect to security 
     enhancements for social security cards and the implementation 
     of section 205(c)(2)(C)(iv)(II) of the Social Security Act 
     (42 U.S.C. 405(c)(2)(C)(iv)(II)) (as added by section 7214 of 
     the Intelligence Reform and Terrorism Prevention Act of 2004 
     (Public Law 108-458)). Each such report shall include--
       (1) a certification that such recommendations have been 
     implemented and such policy goals have been achieved; or
       (2) if the Commissioner of Social Security is unable to 
     make the certification described in paragraph (1), a 
     description of--
       (A) the steps taken to implement such recommendations and 
     achieve such policy goals;
       (B) when such recommendations are expected to be 
     implemented and such policy goals to be achieved; and
       (C) any allocation of resources or other actions by 
     Congress the Commissioner considers necessary to implement 
     such recommendations and achieve such policy goals.
       (b) Termination of Duty to Report.--The duty to submit a 
     report under subsection (a) shall terminate when the 
     Commissioner of Social Security submits a certification 
     pursuant to subsection (a)(1).
       (c) GAO Review of Certification.--If the Commissioner of 
     Social Security submits a certification pursuant to 
     subsection (a)(1), not later than 30 days after the 
     submission of such certification, the Comptroller General 
     shall submit to the relevant congressional committees a 
     report on whether the recommendations described in subsection 
     (a) have been implemented and whether the policy goals 
     described in subsection (a) have been achieved.
       (d) Relevant Congressional Committees Defined.--In this 
     section, the term ``relevant congressional committees'' means 
     the following:
       (1) The Committee on Homeland Security of the House of 
     Representatives.
       (2) The Committee on Government Reform of the House of 
     Representatives.
       (3) The Committee on the Judiciary of the House of 
     Representatives.
       (4) The Committee on Ways and Means of the House of 
     Representatives.
       (5) The Committee on Finance of the Senate.
       (6) The Committee on Homeland Security and Governmental 
     Affairs of the Senate.

              Subtitle D--Homeland Security Appropriations

     SEC. 141. HOMELAND SECURITY APPROPRIATIONS.

       The following sums are appropriated, out of any money in 
     the Treasury not otherwise appropriated, for the Department 
     of Homeland Security for the fiscal year ending September 30, 
     2007, and for other purposes, namely:

     CUSTOMS AND BORDER PROTECTION.

       For an additional amount for ``Salaries and Expenses'', 
     $571,000,000 for necessary expenses for border security, 
     including for air asset replacement and air operations 
     facilities upgrade, the acquisition, lease, maintenance, and 
     operation of vehicles. construction, and radiation portal 
     monitors.

     UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES.

       For an additional amount for citizenship and immigration 
     services, $87,000,000 for necessary expenses, including for 
     business transformation and fraud detection.

     TRANSPORTATION SECURITY ADMINISTRATION.

       For an additional amount for ``Aviation Security'', 
     $305,000,000 for necessary expenses, of which--
       (1) $250,000,000 shall be made available for aviation 
     security, including the procurement of explosives monitoring 
     equipment; and
       (2) $55,000,000 shall be made available for air cargo 
     security, including cargo canine teams and inspectors.

[[Page S9146]]

     UNITED STATES COAST GUARD.

       For an additional amount for ``Acquisition, Construction, 
     and Improvements'', $184,000,000 for necessary expenses for 
     the Integrated Deepwater Systems Program for the purchase of 
     ships, planes, and helicopters.
       For an additional amount for ``Operating Expenses'', 
     $23,000,000 for necessary expenses for additional inspectors 
     at foreign and domestic ports.

     OFFICE FOR DOMESTIC PREPAREDNESS.

       For an additional amount for ``State and Local Programs'', 
     $2,880,000,000 for necessary expenses, of which--
       (1) $790,000,000 shall be made available for first 
     responder grants;
       (2) $500,000,000 shall be made available for 
     interoperability grants;
       (3) $100,000,000 shall be made available for chemical 
     security grants;
       (4) $1,200,000,000 shall be made available for rail 
     security grants;
       (5) $190,000,000 shall be made available for port security 
     grants; and
       (6) $100,000,000 shall be made available for emergency 
     management performance grants.

     FEDERAL EMERGENCY MANAGEMENT AGENCY.

       For an additional amount for ``Readiness, Mitigation, 
     Response, and Recovery'', $50,000,000 for necessary expenses.
       For an additional amount for ``National Pre-Disaster 
     Mitigation Fund'', $100,000,000 for necessary expenses.

           TITLE II--REFORMING THE INSTITUTIONS OF GOVERNMENT

                   Subtitle A--Intelligence Community

     SEC. 201. REPORT ON DIRECTOR OF NATIONAL INTELLIGENCE.

       (a) Report; Certification.--Not later than 30 days after 
     the date of the enactment of this Act, and every 30 days 
     thereafter, the Director of National Intelligence shall 
     submit to the relevant congressional committees a report on 
     the recommendations of the 9/11 Commission and the policy 
     goals of the Intelligence Reform and Terrorism Prevention Act 
     of 2004 (Public Law 108-458) with respect to the Director of 
     National Intelligence. Such report shall include--
       (1) a certification by the Director of National 
     Intelligence that such recommendations have been implemented 
     and such policy goals have been achieved; or
       (2) if the Director of National Intelligence is unable to 
     make the certification described in paragraph (1), a 
     description of--
       (A) the steps taken to implement such recommendations and 
     achieve such policy goals;
       (B) when the Director of National Intelligence expects such 
     recommendations to be implemented and such policy goals to be 
     achieved; and
       (C) any allocation of resources or other actions by 
     Congress the Director considers necessary to implement such 
     recommendations and achieve such policy goals.
       (b) Termination of Duty to Report.--The duty to submit a 
     report under subsection (a) shall terminate when the Director 
     of National Intelligence submits a certification pursuant to 
     subsection (a)(1).
       (c) GAO Review of Certification.--If the Director of 
     National Intelligence submits a certification pursuant to 
     subsection (a)(1), not later than 30 days after the 
     submission of such certification, the Comptroller General 
     shall submit to the relevant congressional committees a 
     report on whether the recommendations described in subsection 
     (a) have been implemented and whether the policy goals 
     described in subsection (a) have been achieved.
       (d) GAO Report on DNI Exercise of Authority.--
       (1) Annual report.--Not later than 90 days after the date 
     of the enactment of this Act, and annually thereafter, the 
     Comptroller General shall submit to the relevant 
     congressional committees a report on whether--
       (A) the Director of National Intelligence has been able to 
     properly exercise the authority of the Office of the Director 
     of National Intelligence, including budget and personnel 
     authority; and
       (B) information sharing among the intelligence community is 
     a high priority.
       (2) Termination.--The duty to submit a report under 
     paragraph (1) shall terminate when the Comptroller General 
     certifies to the relevant congressional committees that the 
     recommendations of the 9/11 Commission and the policy goals 
     of the Intelligence Reform and Terrorism Prevention Act of 
     2004 (Public Law 108-458) with respect to the Director of 
     National Intelligence have been achieved.

     SEC. 202. REPORT ON NATIONAL COUNTERTERRORISM CENTER.

       (a) Report; Certification.--Not later than 30 days after 
     the date of the enactment of this Act, and every 30 days 
     thereafter, the Director of National Intelligence shall 
     submit to the relevant congressional committees a report on 
     the recommendations of the 9/11 Commission and the policy 
     goals of the Intelligence Reform and Terrorism Prevention Act 
     of 2004 (Public Law 108-458) with respect to the 
     establishment of a National Counterterrorism Center. Such 
     report shall include--
       (1) a certification by the Director of National 
     Intelligence that such recommendations have been implemented 
     and such policy goals have been achieved; or
       (2) if the Director of National Intelligence is unable to 
     make the certification described in paragraph (1), a 
     description of--
       (A) the steps taken to implement such recommendations and 
     achieve such policy goals;
       (B) when the Director of National Intelligence expects such 
     recommendations to be implemented and such policy goals to be 
     achieved; and
       (C) any allocation of resources or other actions by 
     Congress the Director considers necessary to implement such 
     recommendations and achieve such policy goals.
       (b) Termination of Duty to Report.--The duty to submit a 
     report under subsection (a) shall terminate when the Director 
     of National Intelligence submits a certification pursuant to 
     subsection (a)(1).
       (c) GAO Review of Certification.--If the Director of 
     National Intelligence submits a certification pursuant to 
     subsection (a)(1), not later than 30 days after the 
     submission of such certification, the Comptroller General 
     shall submit to the relevant congressional committees a 
     report on whether the recommendations described in subsection 
     (a) have been implemented and whether the policy goals 
     described in subsection (a) have been achieved.

     SEC. 203. REPORT ON CREATION OF A FEDERAL BUREAU OF 
                   INVESTIGATION NATIONAL SECURITY WORKFORCE.

       (a) Report; Certification.--Not later than 30 days after 
     the date of the enactment of this Act, and every 30 days 
     thereafter, the Director of the Federal Bureau of 
     Investigation shall submit to the relevant congressional 
     committees a report on the recommendations of the 9/11 
     Commission and the policy goals of the Intelligence Reform 
     and Terrorism Prevention Act of 2004 (Public Law 108-458) 
     with respect to the creation of a Federal Bureau of 
     Investigation national security workforce. Such report shall 
     include--
       (1) a certification by the Director of the Federal Bureau 
     of Investigation that such recommendations have been 
     implemented and such policy goals have been achieved; or
       (2) if the Director of the Federal Bureau of Investigation 
     is unable to make the certification described in paragraph 
     (1), a description of--
       (A) the steps taken to implement such recommendations and 
     achieve such policy goals;
       (B) when the Director of the Federal Bureau of 
     Investigation expects such recommendations to be implemented 
     and such policy goals to be achieved; and
       (C) any allocation of resources or other actions by 
     Congress the Director of the Federal Bureau of Investigation 
     considers necessary to implement such recommendations and 
     achieve such policy goals.
       (b) Termination of Duty to Report.--The duty to submit a 
     report under subsection (a) shall terminate when the Director 
     of the Federal Bureau of Investigation submits a 
     certification pursuant to subsection (a)(1).
       (c) GAO Review of Certification.--If the Director of the 
     Federal Bureau of Investigation submits a certification 
     pursuant to subsection (a)(1), not later than 30 days after 
     the submission of such certification, the Comptroller General 
     shall submit to the relevant congressional committees a 
     report on whether the recommendations described in subsection 
     (a) have been implemented and whether the policy goals 
     described in subsection (a) have been achieved.
       (d) GAO Report on Creation of FBI National Security 
     Workforce.--
       (1) Annual report.--Not later than 90 days after the date 
     of the enactment of this Act, and annually thereafter, the 
     Comptroller General shall submit to the relevant 
     congressional committees a report on whether--
       (A) there is a sense of urgency within the Federal Bureau 
     of Investigation to create a national security workforce to 
     carry out the domestic counterterrorism mission of the 
     Federal Bureau of Investigation;
       (B) the Federal Bureau of Investigation is on track to 
     create such a workforce; and
       (C) the culture of the Federal Bureau of Investigation 
     allows the Federal Bureau of Investigation to meet its new 
     challenges and succeed in its counterterrorism role.
       (2) Termination.--The duty to submit a report under 
     paragraph (1) shall terminate when the Comptroller General 
     certifies to the relevant congressional committees that the 
     recommendations of the 9/11 Commission and the policy goals 
     of the Intelligence Reform and Terrorism Prevention Act of 
     2004 (Public Law 108-458) with respect to the creation of a 
     Federal Bureau of Investigation national security workforce 
     have been achieved.

     SEC. 204. REPORT ON NEW MISSIONS FOR THE DIRECTOR OF THE 
                   CENTRAL INTELLIGENCE AGENCY.

       (a) Report; Certification.--Not later than 90 days after 
     the date of the enactment of this Act, and every 90 days 
     thereafter, the Director of National Intelligence shall 
     submit to the relevant congressional committees a report on 
     the recommendations of the 9/11 Commission and the policy 
     goals of the Intelligence Reform and Terrorism Prevention Act 
     of 2004 (Public Law 108-458) with respect to the new mission 
     of the Director of the Central Intelligence Agency. Such 
     report shall include--
       (1) a certification by the Director of National 
     Intelligence that such recommendations have been implemented 
     and such policy goals have been achieved; or
       (2) if the Director of National Intelligence is unable to 
     make the certification described in paragraph (1), a 
     description of--
       (A) the steps taken to implement such recommendations and 
     achieve such policy goals;

[[Page S9147]]

       (B) when the Director of National Intelligence expects such 
     recommendations to be implemented and such policy goals to be 
     achieved; and
       (C) any allocation of resources or other actions by 
     Congress the Director considers necessary to implement such 
     recommendations and achieve such policy goals.
       (b) Termination of Duty to Report.--The duty to submit a 
     report under subsection (a) shall terminate when the Director 
     of National Intelligence submits a certification pursuant to 
     subsection (a)(1).
       (c) GAO Review of Certification.--If the Director of 
     National Intelligence submits a certification pursuant to 
     subsection (a)(1), not later than 30 days after the 
     submission of such certification, the Comptroller General 
     shall submit to the relevant congressional committees a 
     report on whether the recommendations described in subsection 
     (a) have been implemented and whether the policy goals 
     described in subsection (a) have been achieved.
       (d) GAO Report on Director of the Central Intelligence 
     Agency.--
       (1) Annual report.--Not later than 90 days after the date 
     of the enactment of this Act, and annually thereafter, the 
     Comptroller General shall submit to the relevant 
     congressional committees a report on whether the Director of 
     the Central Intelligence Agency has strong, determined 
     leadership committed to accelerating the pace of the reforms 
     underway.
       (2) Termination.--The duty to submit a report under 
     paragraph (1) shall terminate when the Comptroller General 
     certifies to the relevant congressional committees that the 
     recommendations of the 9/11 Commission and the policy goals 
     of the Intelligence Reform and Terrorism Prevention Act of 
     2004 (Public Law 108-458) with respect to the Director of the 
     Central Intelligence Agency have been achieved.
       (e) Sense of Congress.--It is the sense of Congress that 
     Congress and the leadership of the Central Intelligence 
     Agency should--
       (1) regularly evaluate the effectiveness of the national 
     clandestine service structure to determine if it improves 
     coordination of human intelligence collection operations and 
     produces better intelligence results; and
       (2) address morale and personnel issues at the Central 
     Intelligence Agency to ensure the Central Intelligence Agency 
     remains an effective arm of national power.

     SEC. 205. REPORT ON INCENTIVES FOR INFORMATION SHARING.

       (a) Report; Certification.--Not later than 30 days after 
     the date of the enactment of this Act, and every 30 days 
     thereafter, the Director of the Office of Management and 
     Budget, in consultation with the Director of National 
     Intelligence and the Program Manager for the Information 
     Sharing Environment, shall submit to the relevant 
     congressional committees a report on the recommendations of 
     the 9/11 Commission and the policy goals of the Intelligence 
     Reform and Terrorism Prevention Act of 2004 (Public Law 108-
     458) with respect to the provision of affirmative incentives 
     for information sharing, and for reducing disincentives to 
     information sharing, across the Federal Government and with 
     State and local authorities. Such report shall include--
       (1) a certification by the Director of the Office of 
     Management and Budget that such recommendations have been 
     implemented and such policy goals have been achieved; or
       (2) if the Director of the Office of Management and Budget 
     is unable to make the certification described in paragraph 
     (1), a description of--
       (A) the steps taken to implement such recommendations and 
     achieve such policy goals;
       (B) when the Director of National Intelligence and the 
     Program Manager for the Information Sharing Environment 
     expect such recommendations to be implemented and such policy 
     goals to be achieved; and
       (C) any allocation of resources or other actions by 
     Congress the Director considers necessary to implement such 
     recommendations and achieve such policy goals.
       (b) Termination of Duty to Report.--The duty to submit a 
     report under subsection (a) shall terminate when the Director 
     of the Office of Management and Budget submits a 
     certification pursuant to subsection (a)(1).
       (c) GAO Review of Certification.--If the Director of the 
     Office of Management and Budget submits a certification 
     pursuant to subsection (a)(1), not later than 30 days after 
     the submission of such certification, the Comptroller General 
     shall submit to the relevant congressional committees a 
     report on whether the recommendations described in subsection 
     (a) have been implemented and whether the policy goals 
     described in subsection (a) have been achieved.

     SEC. 206. REPORT ON PRESIDENTIAL LEADERSHIP OF NATIONAL 
                   SECURITY INSTITUTIONS IN THE INFORMATION 
                   REVOLUTION.

       (a) Report; Certification.--Not later than 30 days after 
     the date of the enactment of this Act, and every 30 days 
     thereafter, the Director of the Office of Management and 
     Budget, in consultation with the Director of National 
     Intelligence and the Program Manager for the Information 
     Sharing Environment, shall submit to the relevant 
     congressional committees a report on the recommendations of 
     the 9/11 Commission and the policy goals of the Intelligence 
     Reform and Terrorism Prevention Act of 2004 (Public Law 108-
     458) with respect to the leadership of the President of 
     national security institutions into the information 
     revolution. Such report shall include--
       (1) a certification by the Director of the Office of 
     Management and Budget that such recommendations have been 
     implemented and such policy goals have been achieved; or
       (2) if the Director of the Office of Management and Budget 
     is unable to make the certification described in paragraph 
     (1), a description of--
       (A) the steps taken to implement such recommendations and 
     achieve such policy goals;
       (B) when the Director of the Office of Management and 
     Budget expects such recommendations to be implemented and 
     such policy goals to be achieved; and
       (C) any allocation of resources or other actions by 
     Congress the Director considers necessary to implement such 
     recommendations and achieve such policy goals.
       (b) Termination of Duty to Report.--The duty to submit a 
     report under subsection (a) shall terminate when the Director 
     of the Office of Management and Budget submits a 
     certification pursuant to subsection (a)(1).
       (c) GAO Review of Certification.--If the Director of the 
     Office of Management and Budget submits a certification 
     pursuant to subsection (a)(1), not later than 30 days after 
     the submission of such certification, the Comptroller General 
     shall submit to the relevant congressional committees a 
     report on whether the recommendations described in subsection 
     (a) have been implemented and whether the policy goals 
     described in subsection (a) have been achieved.
       (d) GAO Report on Information Systems.--
       (1) Annual report.--Not later than 90 days after the date 
     of the enactment of this Act, and annually thereafter, the 
     Comptroller General shall submit to the relevant 
     congressional committees a report on whether the departments 
     and agencies of the Federal Government have the resources and 
     Presidential support to change information systems to enable 
     information sharing, policies and procedures that compel 
     sharing, and systems of performance evaluation to inform 
     personnel on how well they carry out information sharing.
       (2) Termination.--The duty to submit a report under 
     paragraph (1) shall terminate when the Comptroller General 
     certifies to the relevant congressional committees that the 
     recommendations of the 9/11 Commission and the policy goals 
     of the Intelligence Reform and Terrorism Prevention Act of 
     2004 (Public Law 108-458) with respect to the leadership of 
     the President of national security institutions into the 
     information revolution have been achieved.

     SEC. 207. HOMELAND AIRSPACE DEFENSE.

       (a) Certification.--Not later than 30 days after the date 
     of the enactment of this Act, and every 30 days thereafter, 
     the Secretary of Homeland Security and the Secretary of 
     Defense shall each submit to the specified congressional 
     committees a certification as to whether the Federal 
     Government has implemented the policy goals of the 
     Intelligence Reform and Terrorism Prevention Act of 2004 
     (Public Law 108-458) and the recommendations of the National 
     Commission on Terrorist Attacks Upon the United States 
     regarding homeland and airspace defense. Each Secretary shall 
     include with such certification recommendations if further 
     congressional action is necessary. If a Secretary is unable 
     to certify the goal in the first sentence, the Secretary 
     shall report to the specified committees what steps have been 
     taken towards implementation, when implementation can 
     reasonably be expected to be completed, and whether 
     additional resources or actions from the Congress are 
     required for implementation.
       (b) Comptroller General Report.--Within 30 days of the 
     submission of both certifications under subsection (a), the 
     Comptroller General of the United States shall submit to the 
     specified congressional committees a report verifying that 
     the policy referred to in that subsection has in fact been 
     implemented and recommendations of any additional 
     congressional action necessary to implement the goals 
     referred to in that subsection.
       (c) Specified Congressional Committees Defined.--In this 
     section, the term ``specified congressional committees'' 
     means--
       (1) the Committee on Homeland Security, the Committee on 
     Government Reform, and the Committee on Transportation and 
     Infrastructure of the House of Representatives; and
       (2) the Committee of Homeland Security and Governmental 
     Affairs and the Committee on Environment and Public Works of 
     the Senate.

     SEC. 208. SEMIANNUAL REPORT ON PLANS AND STRATEGIES OF UNITED 
                   STATES NORTHERN COMMAND FOR DEFENSE OF THE 
                   UNITED STATES HOMELAND.

       (a) Findings.--Consistent with the report of the 9/11 
     Commission, Congress makes the following findings:
       (1) The primary responsibility for national defense is with 
     the Department of Defense and the secondary responsibility 
     for national defense is with the Department of Homeland 
     Security, and the two departments must have clear 
     delineations of responsibility.
       (2) Before September 11, 2001, the North American Aerospace 
     Defense Command, which had responsibility for defending 
     United States airspace on September 11, 2001--
       (A) focused on threats coming from outside the borders of 
     the United States; and
       (B) had not increased its focus on terrorism within the 
     United States, even

[[Page S9148]]

     though the intelligence community had gathered intelligence 
     on the possibility that terrorists might turn to hijacking 
     and even the use of airplanes as missiles within the United 
     States.
       (3) The United States Northern Command has been established 
     to assume responsibility for defense within the United 
     States.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the Secretary of Defense should regularly assess the 
     adequacy of the plans and strategies of the United States 
     Northern Command with a view to ensuring that the United 
     States Northern Command is prepared to respond effectively to 
     all military and paramilitary threats within the United 
     States; and
       (2) the Committee on Armed Services of the Senate and the 
     Committee on Armed Services of the House of Representatives 
     should periodically review and assess the adequacy of those 
     plans and strategies.
       (c) Semiannual Report.--Not later than 90 days after the 
     date of the enactment of this Act, and every 180 days 
     thereafter, the Secretary of Defense shall submit to the 
     Committee on Armed Services of the Senate and the Committee 
     on Armed Services of the House of Representatives a report 
     describing the plans and strategies of the United States 
     Northern Command to defend the United States against military 
     and paramilitary threats within the United States.

     SEC. 209. RELEVANT CONGRESSIONAL COMMITTEES DEFINED.

       In this subtitle, the term ``relevant congressional 
     committees'' means the following:
       (1) The Committee on Homeland Security of the House of 
     Representatives.
       (2) The Committee on Government Reform, of the House of 
     Representatives.
       (3) The Permanent Select Committee on Intelligence of the 
     House of Representatives.
       (4) The Committee on Homeland Security and Government 
     Affairs of the Senate.
       (5) The Select Committee on Intelligence of the Senate.

            Subtitle B--Civil Liberties and Executive Power

     SEC. 211. REPORT ON THE BALANCE BETWEEN SECURITY AND CIVIL 
                   LIBERTIES.

       (a) Report; Certification.--Not later than 30 days after 
     the date of the enactment of this Act, and every 30 days 
     thereafter, the Attorney General shall submit to the relevant 
     congressional committees a report on the recommendations of 
     the 9/11 Commission and the policy goals of the Intelligence 
     Reform and Terrorism Prevention Act of 2004 (Public Law 108-
     458) with respect to the balance between security and civil 
     liberties. Such report shall include--
       (1) a certification by the Attorney General that such 
     recommendations have been implemented and such policy goals 
     have been achieved; or
       (2) if the Attorney General is unable to make the 
     certification described in paragraph (1), a description of--
       (A) the steps taken to implement such recommendations and 
     achieve such policy goals;
       (B) when the Attorney General expects such recommendations 
     to be implemented and such policy goals to be achieved; and
       (C) any allocation of resources or other actions by 
     Congress the Attorney General considers necessary to 
     implement such recommendations and achieve such policy goals.
       (b) Termination of Duty to Report.--The duty to submit a 
     report under subsection (a) shall terminate when the Attorney 
     General submits a certification pursuant to subsection 
     (a)(1).
       (c) GAO Review of Certification.--If the Attorney General 
     submits a certification pursuant to subsection (a)(1), not 
     later than 30 days after the submission of such 
     certification, the Comptroller General shall submit to the 
     relevant congressional committees a report on whether the 
     recommendations described in subsection (a) have been 
     implemented and whether the policy goals described in 
     subsection (a) have been achieved.

     SEC. 212. PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD.

       (a) Short Title.--This section may be cited as the ``9/11 
     Commission Civil Liberties Board Act''.
       (b) Findings.--Congress makes the following findings:
       (1) On July 22, 2004 the National Commission on Terrorist 
     Attacks Upon the United States issued a report that included 
     41 specific recommendations to help prevent future terrorist 
     attacks, including details of a global strategy and 
     government reorganization necessary to implement that 
     strategy.
       (2) One of the recommendations focused on the protections 
     of civil liberties. Specifically the following recommendation 
     was made: ``At this time of increased and consolidated 
     government authority, there should be a board within the 
     executive branch to oversee adherence to the guidelines we 
     recommend and the commitment the government makes to defend 
     our civil liberties.''.
       (3) The report also states that ``the choice between 
     security and liberty is a false choice, as nothing is more 
     likely to endanger America's liberties than the success of a 
     terrorist attack at home. Our History has shown that the 
     insecurity threatens liberty at home. Yet if our liberties 
     are curtailed, we lose the values that we are struggling to 
     defend.''.
       (4) On December 17, 2004, Public Law 108-458, the National 
     Intelligence Reform Act, was signed into law. This law 
     created a civil liberties board that does not have the 
     authority necessary to protect civil liberties.
       (5) The establishment and adequate funding of a Privacy and 
     Civil Liberties Oversight Board was a crucial recommendation 
     made by the 9/11 Commission.
       (6) In its Final Report on 9/11 Commission Recommendations, 
     the Commission noted ``very little urgency'' and 
     ``insufficient'' funding as it relates to the establishment 
     of the Privacy and Civil Liberties Oversight Board.
       (7) While the President's budget submission for fiscal year 
     2006 included $750,000 for the Privacy and Civil Liberties 
     Oversight Board, the President's budget submission for fiscal 
     year 2007 does not contain a funding line for the Board.
       (c) Making the Privacy and Civil Liberties Oversight Board 
     Independent.--Section 1061(b) of the Intelligence Reform and 
     Terrorism Prevention Act of 2004 is amended by striking 
     ``within the Executive Office of the President'' and 
     inserting ``as an independent agency within the Executive 
     branch''.
       (d) Requiring All Members of the Privacy and Civil 
     Liberties Oversight Board Be Confirmed by the Senate.--
     Subsection (e) of section 1061 of the Intelligence Reform and 
     Terrorism Prevention Act of 2004 is amended to read as 
     follows:
       ``(e) Membership.--
       ``(1) Members.--The Board shall be composed of a full-time 
     chairman and 4 additional members, who shall be appointed by 
     the President, by and with the advice and consent of the 
     Senate.
       ``(2) Qualifications.--Members of the Board shall be 
     selected solely on the basis of their professional 
     qualifications, achievements, public stature, expertise in 
     civil liberties and privacy, and relevant experience, and 
     without regard to political affiliation, but in no event 
     shall more than 3 members of the Board be members of the same 
     political party. The President shall, before appointing an 
     individual who is not a member of the same political party as 
     the President consult with the leadership of that party, if 
     any, in the Senate and House of Representatives.
       ``(3) Incompatible office.--An individual appointed to the 
     Board may not, while serving on the Board, be an elected 
     official, officer, or employee of the Federal Government, 
     other than in the capacity as a member of the Board.
       ``(4) Term.--Each member of the Board shall serve a term of 
     six years, except that--
       ``(A) a member appointed to a term of office after the 
     commencement of such term may serve under such appointment 
     only for the remainder of such term;
       ``(B) upon the expiration of the term of office of a 
     member, the member shall continue to serve until the member's 
     successor has been appointed and qualified, except that no 
     member may serve under this subparagraph--
       ``(i) for more than 60 days when Congress is in session 
     unless a nomination to fill the vacancy shall have been 
     submitted to the Senate; or
       ``(ii) after the adjournment sine die of the session of the 
     Senate in which such nomination is submitted; and
       ``(C) the members initially appointed under this subsection 
     shall serve terms of two, three, four, five, and six years, 
     respectively, from the effective date of this Act, with the 
     term of each such member to be designated by the President.
       ``(5) Quorum and meetings.--The Board shall meet upon the 
     call of the chairman or a majority of its members. Three 
     members of the Board shall constitute a quorum.''.
       (e) Subpoena Power for the Privacy and Civil Liberties 
     Oversight Board.--Section 1061(d) of the Intelligence Reform 
     and Terrorism Prevention Act of 2004 is amended--
       (1) so that subparagraph (D) of paragraph (1) reads as 
     follows:
       ``(D) require, by subpoena issued at the direction of a 
     majority of the members of the Board, persons (other than 
     departments, agencies, and elements of the executive branch) 
     to produce any relevant information, documents, reports, 
     answers, records, accounts, papers, and other documentary or 
     testimonial evidence.''; and
       (2) so that paragraph (2) reads as follows:
       ``(2) Enforcement of subpoena.--In the case of contumacy or 
     failure to obey a subpoena issued under paragraph (1)(D), the 
     United States district court for the judicial district in 
     which the subpoenaed person resides, is served, or may be 
     found may issue an order requiring such person to produce the 
     evidence required by such subpoena.''.
       (f) Reporting Requirements.--
       (1) Duties of board.--Paragraph (4) of section 1061(c) of 
     the Intelligence Reform and Terrorism Prevention Act of 2004 
     is amended to read as follows:
       ``(4) Reports.--
       ``(A) Receipt, review, and submission.--
       ``(i) In general.--The Board shall--

       ``(I) receive and review reports from privacy officers and 
     civil liberties officers described in section 212; and
       ``(II) periodically submit, not less than semiannually, 
     reports to the appropriate committees of Congress, including 
     the Committees on the Judiciary of the Senate and the House 
     of Representatives, the Committee on Homeland Security and 
     Governmental Affairs of the Senate, the Committee on 
     Government Reform of the House of Representatives, the Select 
     Committee on Intelligence of the Senate, and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives, and to the President.

[[Page S9149]]

     Such reports shall be in unclassified form to the greatest 
     extent possible, with a classified annex where necessary.
       ``(ii) Contents.--Not less than 2 reports the Board submits 
     each year under clause (i)(II) shall include--

       ``(I) a description of the major activities of the Board 
     during the preceding period;
       ``(II) information on the findings, conclusions, and 
     recommendations of the Board resulting from its advice and 
     oversight functions under subsection (c);
       ``(III) the minority views on any findings, conclusions, 
     and recommendations of the Board resulting from its advice 
     and oversight functions under subsection (c); and
       ``(IV) each proposal reviewed by the Board under subsection 
     (c)(1) that the Board advised against implementing, but that 
     notwithstanding such advice, was implemented.

       ``(B) Informing the public.--The Board shall--
       ``(i) make its reports, including its reports to Congress, 
     available to the public to the greatest extent that is 
     consistent with the protection of classified information and 
     applicable law; and
       ``(ii) hold public hearings and otherwise inform the public 
     of its activities, as appropriate and in a manner consistent 
     with the protection of classified information and applicable 
     law.''.
       (2) Privacy and civil liberties officers.--Section 1062 of 
     the Intelligence Reform and Terrorism Prevention Act of 2004 
     is amended to read as follows:

     ``SEC. 1062. PRIVACY AND CIVIL LIBERTIES OFFICERS.

       ``(a) Designation and Functions.--The Attorney General, the 
     Secretary of Defense, the Secretary of State, the Secretary 
     of the Treasury, the Secretary of Health and Human Services, 
     the Secretary of Homeland Security, the National Intelligence 
     Director, the Director of the Central Intelligence Agency, 
     any other entity within the intelligence community (as 
     defined in section 3 of the National Security Act of 1947 (50 
     U.S.C. 401a)), and the head of any other department, agency, 
     or element of the executive branch designated by the Privacy 
     and Civil Liberties Oversight Board to be appropriate for 
     coverage under this section shall designate not less than 1 
     senior officer to--
       ``(1) assist the head of such department, agency, or 
     element and other officials of such department, agency, or 
     element in appropriately considering privacy and civil 
     liberties concerns when such officials are proposing, 
     developing, or implementing laws, regulations, policies, 
     procedures, or guidelines related to efforts to protect the 
     Nation against terrorism;
       ``(2) periodically investigate and review department, 
     agency, or element actions, policies, procedures, guidelines, 
     and related laws and their implementation to ensure that such 
     department, agency, or element is adequately considering 
     privacy and civil liberties in its actions;
       ``(3) ensure that such department, agency, or element has 
     adequate procedures to receive, investigate, respond to, and 
     redress complaints from individuals who allege such 
     department, agency, or element has violated their privacy or 
     civil liberties; and
       ``(4) in providing advice on proposals to retain or enhance 
     a particular governmental power the officer shall consider 
     whether such department, agency, or element has established--
       ``(A) that the power actually enhances security and the 
     need for the power is balanced with the need to protect 
     privacy and civil liberties;
       ``(B) that there is adequate supervision of the use by such 
     department, agency, or element of the power to ensure 
     protection of privacy and civil liberties; and
       ``(C) that there are adequate guidelines and oversight to 
     properly confine its use.
       ``(b) Exception to Designation Authority.--
       ``(1) Privacy officers.--In any department, agency, or 
     element referred to in subsection (a) or designated by the 
     Board, which has a statutorily created privacy officer, such 
     officer shall perform the functions specified in subsection 
     (a) with respect to privacy.
       ``(2) Civil liberties officers.--In any department, agency, 
     or element referred to in subsection (a) or designated by the 
     Board, which has a statutorily created civil liberties 
     officer, such officer shall perform the functions specified 
     in subsection (a) with respect to civil liberties.
       ``(c) Supervision and Coordination.--Each privacy officer 
     or civil liberties officer described in subsection (a) or (b) 
     shall--
       ``(1) report directly to the head of the department, 
     agency, or element concerned; and
       ``(2) coordinate their activities with the Inspector 
     General of such department, agency, or element to avoid 
     duplication of effort.
       ``(d) Agency Cooperation.--The head of each department, 
     agency, or element shall ensure that each privacy officer and 
     civil liberties officer--
       ``(1) has the information, material, and resources 
     necessary to fulfill the functions of such officer;
       ``(2) is advised of proposed policy changes;
       ``(3) is consulted by decisionmakers; and
       ``(4) is given access to material and personnel the officer 
     determines to be necessary to carry out the functions of such 
     officer.
       ``(e) Reprisal for Making Complaint.--No action 
     constituting a reprisal, or threat of reprisal, for making a 
     complaint or for disclosing information to a privacy officer 
     or civil liberties officer described in subsection (a) or 
     (b), or to the Privacy and Civil Liberties Oversight Board, 
     that indicates a possible violation of privacy protections or 
     civil liberties in the administration of the programs and 
     operations of the Federal Government relating to efforts to 
     protect the Nation from terrorism shall be taken by any 
     Federal employee in a position to take such action, unless 
     the complaint was made or the information was disclosed with 
     the knowledge that it was false or with willful disregard for 
     its truth or falsity.
       ``(f) Periodic Reports.--
       ``(1) In general.--The privacy officers and civil liberties 
     officers of each department, agency, or element referred to 
     or described in subsection (a) or (b) shall periodically, but 
     not less than quarterly, submit a report on the activities of 
     such officers--
       ``(A)(i) to the appropriate committees of Congress, 
     including the Committees on the Judiciary of the Senate and 
     the House of Representatives, the Committee on Homeland 
     Security and Governmental Affairs of the Senate, the 
     Committee on Government Reform of the House of 
     Representatives, the Select Committee on Intelligence of the 
     Senate, and the Permanent Select Committee on Intelligence of 
     the House of Representatives;
       ``(ii) to the head of such department, agency, or element; 
     and
       ``(iii) to the Privacy and Civil Liberties Oversight Board; 
     and
       ``(B) which shall be in unclassified form to the greatest 
     extent possible, with a classified annex where necessary.
       ``(2) Contents.--Each report submitted under paragraph (1) 
     shall include information on the discharge of each of the 
     functions of the officer concerned, including--
       ``(A) information on the number and types of reviews 
     undertaken;
       ``(B) the type of advice provided and the response given to 
     such advice;
       ``(C) the number and nature of the complaints received by 
     the department, agency, or element concerned for alleged 
     violations; and
       ``(D) a summary of the disposition of such complaints, the 
     reviews and inquiries conducted, and the impact of the 
     activities of such officer.
       ``(g) Informing the Public.--Each privacy officer and civil 
     liberties officer shall--
       ``(1) make the reports of such officer, including reports 
     to Congress, available to the public to the greatest extent 
     that is consistent with the protection of classified 
     information and applicable law; and
       ``(2) otherwise inform the public of the activities of such 
     officer, as appropriate and in a manner consistent with the 
     protection of classified information and applicable law.
       ``(h) Savings Clause.--Nothing in this section shall be 
     construed to limit or otherwise supplant any other 
     authorities or responsibilities provided by law to privacy 
     officers or civil liberties officers.
       ``(i) Protections for Human Research Subjects.--The 
     Secretary of Homeland Security shall ensure that the 
     Department of Homeland Security complies with the protections 
     for human research subjects, as described in part 46 of title 
     45, Code of Federal Regulations, or in equivalent regulations 
     as promulgated by such Secretary, with respect to research 
     that is conducted or supported by such Department.''.
       (g) Inclusion in President's Budget Submission to 
     Congress.--Section 1105(a) of title 31, United States Code, 
     is amended by adding at the end the following new paragraph:
       ``(36) a separate statement of the amount of appropriations 
     requested for the Privacy and Civil Liberties Oversight 
     Board.''.
       (h) Report; Certification.--
       (1) Report.--Not later than 30 days after the date of the 
     enactment of this Act, and every 30 days thereafter, the 
     Attorney General shall submit to the relevant congressional 
     committees a report on the extent to which the Administration 
     has achieved and implemented the policy goals of Public Law 
     108-458 and the recommendations of the 9/11 Commission 
     regarding the implementation of the Privacy and Civil 
     Liberties Oversight Board. Such report shall include--
       (A) a certification by the Attorney General that such 
     recommendations have been implemented and such policy goals 
     have been achieved; or
       (B) if the Attorney General is unable to make the 
     certification described in subparagraph (A), a description 
     of--
       (i) the steps taken to implement such recommendations and 
     achieve such policy goals;
       (ii) when the Attorney General expects such recommendations 
     to be implemented and such policy goals to be achieved; and
       (iii) any allocation of resources or other actions by 
     Congress the Attorney General considers necessary to 
     implement such recommendations and achieve such policy goals.
       (2) Termination of duty to report.--The duty to submit a 
     report under paragraph (1) shall terminate when the Attorney 
     General submits a certification pursuant to paragraph (1)(A).
       (3) GAO review of certification.--If the Attorney General 
     submits a certification pursuant to paragraph (1), not later 
     than 30 days after the submission of such certification, the 
     Comptroller General shall submit to the relevant 
     congressional committees a report on whether the 
     recommendations described in paragraph (1) have been 
     implemented and whether the policy goals described in 
     paragraph (1) have been achieved.

[[Page S9150]]

     SEC. 213. SET PRIVACY GUIDELINES FOR GOVERNMENT SHARING OF 
                   PERSONAL INFORMATION.

       (a) Report.--Not later than 30 days after the date of the 
     enactment of this Act, and every 30 days thereafter, the 
     Attorney General shall submit to the relevant congressional 
     committees a report on the extent to which the Administration 
     has achieved and implemented the policy goals of Public Law 
     108-458 and the recommendations of the 9/11 Commission 
     regarding the privacy guidelines for government sharing of 
     personal information. Such report shall include--
       (1) a certification by the Attorney General that such 
     recommendations have been implemented and such policy goals 
     have been achieved; or
       (2) if the Attorney General is unable to make the 
     certification described in paragraph (1), a description of--
       (A) the steps taken to implement such recommendations and 
     achieve such policy goals;
       (B) when the Attorney General expects such recommendations 
     to be implemented and such policy goals to be achieved; and
       (C) any allocation of resources or other actions by 
     Congress the Attorney General considers necessary to 
     implement such recommendations and achieve such policy goals.
       (b) Termination of Duty to Report.--The duty to submit a 
     report under subsection (a) shall terminate when the Attorney 
     General submits a certification pursuant to subsection 
     (a)(1).
       (c) GAO Review of Certification.--If the Attorney General 
     submits a certification pursuant to subsection (a), not later 
     than 30 days after the submission of such certification, the 
     Comptroller General shall submit to the relevant 
     congressional committees a report on whether the 
     recommendations described in paragraph (1) have been 
     implemented and whether the policy goals described in 
     subsection (A) have been achieved.

     SEC. 214. RELEVANT CONGRESSIONAL COMMITTEES DEFINED.

       In this subtitle, the term ``relevant congressional 
     committees'' means the Committee on Homeland Security of the 
     House of Representatives, the Committee on Government Reform 
     of the House of Representatives, the Committee on Homeland 
     Security and Governmental Affairs of the Senate, the 
     Committees on the Judiciary of the Senate and House of 
     Representatives, the Select Committee on Intelligence of the 
     Senate, and the Permanent Select Committee on Intelligence of 
     the House of Representatives.

        Subtitle C--Intelligence Oversight Reform in the Senate

     SEC. 231. SUBCOMMITTEE RELATED TO INTELLIGENCE OVERSIGHT.

       (a) Establishment.--There is established in the Select 
     Committee on Intelligence a Subcommittee on Oversight which 
     shall be in addition to any other subcommittee established by 
     the select Committee.
       (b) Responsibility.--The Subcommittee on Oversight shall be 
     responsible for ongoing oversight of intelligence activities.

     SEC. 232. SUBCOMMITTEE RELATED TO INTELLIGENCE 
                   APPROPRIATIONS.

       (a) Establishment.--There is established in the Committee 
     on Appropriations a Subcommittee on Intelligence.
       (b) Jurisdiction.--The Subcommittee on Intelligence of the 
     Committee on Appropriations shall have jurisdiction over 
     funding for intelligence matters.

     SEC. 233. EFFECTIVE DATE.

       This subtitle shall take effect on the convening of the 
     110th Congress.

              Subtitle D--Standardize Security Clearances

     SEC. 241. STANDARDIZATION OF SECURITY CLEARANCES.

       (a) Report; Certification.--Not later than 30 days after 
     the date of the enactment of this Act, and every 30 days 
     thereafter, the Director of the Office of Personnel 
     Management, in consultation with the Director of National 
     Intelligence, the Secretary of Defense, and the Secretary of 
     Homeland Security, shall submit to the relevant congressional 
     committees a report on the recommendations of the 9/11 
     Commission and the policy goals of section 3001 of the 
     Intelligence Reform and Terrorism Prevention Act of 2004 
     (Public Law 108-458) with respect to security clearances, 
     including with respect to uniform policies and procedures for 
     the completion of security clearances and reciprocal 
     recognition of such security clearances among agencies of the 
     United States Government. Such report shall include--
       (1) a certification by the Director of the Office of 
     Personnel Management that such recommendations have been 
     implemented and such policy goals have been achieved; or
       (2) if the Director of the Office of Personnel Management 
     is unable to make the certification described in paragraph 
     (1), a description of--
       (A) the steps taken to implement such recommendations and 
     achieve such policy goals;
       (B) when the Director of the Office of Personnel Management 
     expects such recommendations to be implemented and such 
     policy goals to be achieved; and
       (C) any allocation of resources or other actions by 
     Congress the Director considers necessary to implement such 
     recommendations and achieve such policy goals.
       (b) Termination of Duty to Report.--The duty to submit a 
     report under subsection (a) shall terminate when the Director 
     of the Office of Personnel Management submits a certification 
     pursuant to subsection (a)(1).
       (c) GAO Review of Certification.--If the Director of the 
     Office of Personnel Management submits a certification 
     pursuant to subsection (a)(1), not later than 30 days after 
     the submission of such certification, the Comptroller General 
     shall submit to the relevant congressional committees a 
     report on whether the recommendations described in subsection 
     (a) have been implemented and whether the policy goals 
     described in subsection (a) have been achieved.

   TITLE III--FOREIGN POLICY, PUBLIC DIPLOMACY, AND NONPROLIFERATION

                       Subtitle A--Foreign Policy

     SEC. 301. ACTIONS TO ENSURE A LONG-TERM COMMITMENT TO 
                   AFGHANISTAN.

       (a) Sense of Congress.--It is the sense of Congress that 
     the Government of the United States--
       (1) should give priority to providing assistance to 
     Afghanistan to establish a substantial economic 
     infrastructure and a sound economy; and
       (2) should continue to provide economic and development 
     assistance to Afghanistan, including assistance to the Afghan 
     National Army and the police forces and border police of 
     Afghanistan.
       (b) Report; Certification.--Not later than 90 days after 
     the date of the enactment of this Act, and every 90 days 
     thereafter, the President shall submit to the relevant 
     congressional committees a report on the recommendations of 
     the 9/11 Commission and the policy goals of section 305 of 
     the Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7555) 
     (as added by section 7104(e)(4)(A) of the Intelligence Reform 
     and Terrorism Prevention Act of 2004 (Public Law 108-458)) 
     for ensuring a long-term commitment to Afghanistan. Such 
     report shall include--
       (1) a certification by the President that such 
     recommendations have been implemented and such policy goals 
     have been achieved; or
       (2) if the President is unable to make the certification 
     described in paragraph (1), a description of--
       (A) the steps taken to implement such recommendations and 
     achieve such policy goals;
       (B) when the President expects such recommendations to be 
     implemented and such policy goals to be achieved; and
       (C) any allocation of resources or other actions by 
     Congress the President considers necessary to implement such 
     recommendations and achieve such policy goals.
       (c) Termination of Duty to Report.--The duty to submit a 
     report under subsection (b) shall terminate when the 
     President submits a certification pursuant to subsection 
     (b)(1).
       (d) GAO Review of Certification.--If the President submits 
     a certification pursuant to subsection (b)(1), not later than 
     30 days after the submission of such certification, the 
     Comptroller General shall submit to the relevant 
     congressional committees a report on whether the 
     recommendations described in subsection (b) has been 
     implemented and whether the policy goals described in 
     subsection (b) have been achieved.
       (e) Relevant Congressional Committees Defined.--In this 
     section, the term ``relevant congressional committees'' 
     means--
       (1) the Committee on International Relations and the 
     Committee on Government Reform of the House of 
     Representatives; and
       (2) the Committee on Foreign Relations and the Committee on 
     Homeland Security and Governmental Affairs of the Senate.

     SEC. 302. ACTIONS TO SUPPORT PAKISTAN AGAINST EXTREMISTS.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) the commitment of the President to provide 
     $3,000,000,000 in assistance over the next five years to 
     Pakistan should be commended;
       (2) the Government of the United States should provide 
     assistance to Pakistan to improve Pakistan's failing basic 
     education system and to emphasize development;
       (3) the Government of the United States should strongly 
     urge the Government of Pakistan to close Taliban-linked 
     schools known as ``madrassas'', close terrorist training 
     camps, and prevent Taliban forces from operating across the 
     border between Pakistan and Afghanistan; and
       (4) the Government of the United States and the Government 
     of Pakistan must redouble their efforts to kill or capture 
     Osama bin Laden and other high-ranking al Qaeda suspects that 
     may be hiding in or around Pakistan.
       (b) Report.--Not later than 90 days after the date of the 
     enactment of this Act, the Secretary of State shall submit to 
     the Committee on International Relations of the House of 
     Representatives and the Committee on Foreign Relations of the 
     Senate a report on efforts by the Government of Pakistan take 
     the actions described in subsection (a)(3).

     SEC. 303. ACTIONS TO SUPPORT REFORM IN SAUDI ARABIA.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) the Government of the United States and the Government 
     of Saudi Arabia should accelerate efforts to improve 
     strategic dialogue between the two countries, increase 
     exchange programs, and promote pragmatic reforms in Saudi 
     Arabia; and
       (2) the Government of Saudi Arabia should take additional 
     steps to regulate charities and promote tolerance and 
     moderation.

[[Page S9151]]

       (b) Report; Certification.--Not later than 90 days after 
     the date of the enactment of this Act, and every 90 days 
     thereafter, the Secretary of State shall submit to the 
     relevant congressional committees a report on the 
     recommendations of the 9/11 Commission and the policy goals 
     of section 7105 of the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (Public Law 108-458) for improving 
     dialogue between the people and Government of the United 
     States and the people and Government of Saudi Arabia in order 
     to improve the relationship between the two countries. Such 
     report shall include--
       (1) a certification by the Secretary of State that such 
     recommendations have been implemented and such policy goals 
     have been achieved; or
       (2) if the Secretary of State is unable to make the 
     certification described in paragraph (1), a description of--
       (A) the steps taken to implement such recommendations and 
     achieve such policy goals;
       (B) when the Secretary of State expects such 
     recommendations to be implemented and such policy goals to be 
     achieved; and
       (C) any allocation of resources or other actions by 
     Congress the Secretary of State considers necessary to 
     implement such recommendations and achieve such policy goals.
       (c) Termination of Duty to Report.--The duty to submit a 
     report under subsection (b) shall terminate when the 
     Secretary of State submits a certification pursuant to 
     subsection (b)(1).
       (d) GAO Review of Certification.--If the Secretary of State 
     submits a certification pursuant to subsection (b)(1), not 
     later than 30 days after the submission of such 
     certification, the Comptroller General shall submit to the 
     relevant congressional committees a report on whether the 
     recommendations described in subsection (b) have been 
     implemented and whether the policy goals described in 
     subsection (b) have been achieved.
       (e) Relevant Congressional Committees Defined.--In this 
     section, the term ``relevant congressional committees'' 
     means--
       (1) the Committee on International Relations and the 
     Committee on Government Reform of the House of 
     Representatives; and
       (2) the Committee on Foreign Relations and the Committee on 
     Homeland Security and Governmental Affairs of the Senate.

     SEC. 304. ELIMINATION OF TERRORIST SANCTUARIES.

       (a) National Counterterrorism Center Identification of 
     Terrorist Sanctuaries.--Subsection (d) of section 119 of 
     National Security Act of 1947 (50 U.S.C. 404o) is amended by 
     adding at the end the following new paragraph:
       ``(7) To identify each country whose territory is being 
     used as a sanctuary for terrorists or terrorist organizations 
     and each country whose territory may potentially be used as a 
     sanctuary for terrorists or terrorist organizations and to 
     develop a comprehensive strategy to eliminate terrorist 
     sanctuaries.''.
       (b) Report.--Such section is further amended by adding at 
     the end the following new subsection:
       ``(k) Report on Terrorist Sanctuaries.--Not later than 90 
     days after the date of the enactment of this Act, and 
     annually thereafter, the Director of the National 
     Counterterrorism Center shall submit to the Committee on 
     International Relations, the Permanent Select Committee on 
     Intelligence, the Committee on Homeland Security, and the 
     Committee on Government Reform of the House of 
     Representatives and the Committee on Foreign Relations, the 
     Select Committee on Intelligence, and the Committee on 
     Homeland Security and Governmental Affairs of the Senate a 
     report on terrorist sanctuaries, including a description of 
     the--
       ``(1) countries whose territory is being used as a 
     sanctuary for terrorists or terrorist organizations;
       ``(2) countries whose territory may potentially be used as 
     a sanctuary for terrorists or terrorist organizations;
       ``(3) strategy to eliminate each such sanctuary; and
       ``(4) progress that has been made in accomplishing such 
     strategy.''.

     SEC. 305. COMPREHENSIVE COALITION STRATEGY AGAINST ISLAMIST 
                   TERRORISM.

       (a) Sense of Congress.--It is the sense of Congress that 
     the United States--
       (1) should continue to engage other countries in developing 
     a comprehensive coalition strategy against Islamist 
     terrorism; and
       (2) should use a broader approach to target the roots of 
     terrorism, including developing strategies with other 
     countries to encourage reform efforts in Saudi Arabia and 
     Pakistan, improving educational and economic opportunities in 
     Muslim countries, identifying and eliminating terrorist 
     sanctuaries, and making progress in the Arab-Israeli peace 
     process.
       (b) Report; Certification.--Not later than 30 days after 
     the date of the enactment of this Act, and every 30 days 
     thereafter, the Secretary of State shall submit to the 
     relevant congressional committees a report on the 
     recommendations of the 9/11 Commission and the policy goals 
     of section 7117 of the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (Public Law 108-458) for engaging 
     other countries in developing a comprehensive coalition 
     strategy for combating terrorism. Such report shall include--
       (1) a certification by the Secretary of State that such 
     recommendations have been implemented and such policy goals 
     have been achieved; or
       (2) if the Secretary of State is unable to make the 
     certification described in paragraph (1), a description of--
       (A) the steps taken to implement such recommendations and 
     achieve such policy goals;
       (B) when the Secretary of State expects such 
     recommendations to be implemented and such policy goals to be 
     achieved; and
       (C) any allocation of resources or other actions by 
     Congress the Secretary of State considers necessary to 
     implement such recommendations and achieve such policy goals.
       (c) Termination of Duty to Report.--The duty to submit a 
     report under subsection (b) shall terminate when the 
     Secretary of State submits a certification pursuant to 
     subsection (b)(1).
       (d) GAO Review of Certification.--If the Secretary of State 
     submits a certification pursuant to subsection (b)(1), not 
     later than 30 days after the submission of such 
     certification, the Comptroller General shall submit to the 
     relevant congressional committees a report on whether the 
     recommendations described in subsection (b) have been 
     implemented and whether the policy goals described in 
     subsection (b) have been achieved.
       (e) Relevant Congressional Committees Defined.--In this 
     section, the term ``relevant congressional committees'' 
     means--
       (1) the Committee on International Relations and the 
     Committee on Government Reform of the House of 
     Representatives; and
       (2) the Committee on Foreign Relations and the Committee on 
     Homeland Security and Governmental Affairs of the Senate.

     SEC. 306. STANDARDS FOR THE DETENTION AND HUMANE TREATMENT OF 
                   CAPTURED TERRORISTS.

       (a) Report; Certification.--Not later than 30 days after 
     the date of the enactment of this Act, and every 30 days 
     thereafter, the Secretary of State, in consultation with the 
     Attorney General, shall submit to the relevant congressional 
     committees a report on the recommendations of the 9/11 
     Commission for engaging United States allies to develop a 
     common coalition approach toward the detention and humane 
     treatment of captured terrorists and the policy goals of 
     sections 1002, 1003, and 1005 of the Department of Defense, 
     Emergency Supplemental Appropriations to Address Hurricanes 
     in the Gulf of Mexico, and Pandemic Influenza Act, 2006 
     (Public Law 109-148). Such report shall include--
       (1) a certification by the Secretary of State that such 
     recommendations have been implemented and such policy goals 
     have been achieved; or
       (2) if the Secretary of State is unable to make the 
     certification described in paragraph (1), a description of--
       (A) the steps taken to implement such recommendations and 
     achieve such policy goals;
       (B) when the Secretary of State expects such 
     recommendations to be implemented and such policy goals to be 
     achieved; and
       (C) any allocation of resources or other actions by 
     Congress the Secretary of State considers necessary to 
     implement such recommendations and achieve such policy goals.
       (b) Termination of Duty to Report.--The duty to submit a 
     report under subsection (a) shall terminate when the 
     Secretary of State submits a certification pursuant to 
     subsection (a)(1).
       (c) GAO Review of Certification.--If the Secretary of State 
     submits a certification pursuant to subsection (a)(1), not 
     later than 30 days after the submission of such 
     certification, the Comptroller General shall submit to the 
     relevant congressional committees a report on whether the 
     recommendations described in subsection (a) have been 
     implemented and whether the policy goals described in 
     subsection (a) have been achieved.
       (d) Relevant Congressional Committees Defined.--In this 
     section, the term ``relevant congressional committees'' 
     means--
       (1) the Committee on International Relations, the Committee 
     on Armed Services, and the Committee on Government Reform of 
     the House of Representatives; and
       (2) the Committee on Foreign Relations, the Committee on 
     Armed Services, and the Committee on Homeland Security and 
     Governmental Affairs of the Senate.

     SEC. 307. USE OF ECONOMIC POLICIES TO COMBAT TERRORISM.

       (a) Report; Certification.--Not later than 90 days after 
     the date of the enactment of this Act, and every 90 days 
     thereafter, the Secretary of State, in consultation with the 
     United States Trade Representative, shall submit to the 
     relevant congressional committees a report on the 
     recommendations of the 9/11 Commission and the policy goals 
     of section 7115 of the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (Public Law 108-458) for developing 
     economic policies to combat terrorism. Such report shall 
     include--
       (1) a certification by the Secretary of State that such 
     recommendations have been implemented and such policy goals 
     have been achieved, including a description of the extent to 
     which the policy goals of paragraphs (1) through (4) of 
     section 7115(b) of the Intelligence Reform and Terrorism 
     Prevention Act of 2004 have been achieved; or
       (2) if the Secretary of State is unable to make the 
     certification described in paragraph (1), a description of--
       (A) the steps taken to implement such recommendations and 
     achieve such policy goals;

[[Page S9152]]

       (B) when the Secretary of State expects such 
     recommendations to be implemented and such policy goals to be 
     achieved; and
       (C) any allocation of resources or other actions by 
     Congress the Secretary of State considers necessary to 
     implement such recommendations and achieve such policy goals.
       (b) Termination of Duty to Report.--The duty to submit a 
     report under subsection (a) shall terminate when the 
     Secretary of State submits a certification pursuant to 
     subsection (a)(1).
       (c) GAO Review of Certification.--If the Secretary of State 
     submits a certification pursuant to subsection (a)(1), not 
     later than 30 days after the submission of such 
     certification, the Comptroller General shall submit to the 
     relevant congressional committees a report on whether the 
     recommendations described in subsection (a) have been 
     implemented and whether the policy goals described in 
     subsection (a) have been achieved.
       (d) Relevant Congressional Committees Defined.--In this 
     section, the term ``relevant congressional committees'' 
     means--
       (1) the Committee on International Relations and the 
     Committee on Government Reform of the House of 
     Representatives; and
       (2) the Committee on Foreign Relations and the Committee on 
     Homeland Security and Governmental Affairs of the Senate.

     SEC. 308. ACTIONS TO ENSURE VIGOROUS EFFORTS AGAINST 
                   TERRORIST FINANCING.

       (a) Findings.--Congress makes the following findings:
       (1) Financial institutions have too little information 
     about money laundering and terrorist financing compliance in 
     other markets.
       (2) The current Financial Action Task Force designation 
     system does not adequately represent the progress countries 
     are making in combatting money laundering.
       (3) Lack of information about the compliance of countries 
     with anti-money laundering standards exposes United States 
     financial markets to excessive risk.
       (4) Failure to designate countries that fail to make 
     progress in combatting terrorist financing and money 
     laundering eliminates incentives for internal reform.
       (5) The Secretary of the Treasury has an affirmative duty 
     to provide to financial institutions and examiners the best 
     possible information on compliance with anti-money laundering 
     and terrorist financing initiatives in other markets.
       (b) Report.--Not later than March 1 each year, the 
     Secretary of the Treasury shall submit to the relevant 
     congressional committees a report that identifies the 
     applicable standards of each country against money laundering 
     and states whether that country is a country of primary money 
     laundering concern under section 5318A of title 31, United 
     States Code. The report shall include--
       (1) information on the effectiveness of each country in 
     meeting its standards against money laundering;
       (2) a determination of whether that the efforts of that 
     country to combat money laundering and terrorist financing 
     are adequate, improving, or inadequate; and
       (3) the efforts made by the Secretary to provide to the 
     government of each such country of concern technical 
     assistance to cease the activities that were the basis for 
     the determination that the country was of primary money 
     laundering concern.
       (c) Dissemination of Information in Report.--The Secretary 
     of the Treasury shall make available to the Federal Financial 
     Institutions Examination Council for incorporation into the 
     examination process, in consultation with Federal banking 
     agencies, and to financial institutions the information 
     contained in the report submitted under subsection (b). Such 
     information shall be made available to financial institutions 
     without cost.
       (d) Definitions.--In this section:
       (1) Financial institution.--The term ``financial 
     institution'' has the meaning given that term in section 
     5312(a)(2) of title 31, United States Code.
       (2) Relevant congressional committees.--The term ``relevant 
     congressional committees'' means--
       (A) the Committee on Financial Services, the Committee on 
     Government Reform, and the Committee on the Judiciary of the 
     House of Representatives; and
       (B) the Committee on Banking, Housing, and Urban Affairs, 
     the Committee on Homeland Security and Governmental Affairs, 
     and the Committee on the Judiciary of the Senate.

                      Subtitle B--Public Diplomacy

     SEC. 311. PUBLIC DIPLOMACY RESPONSIBILITIES OF THE DEPARTMENT 
                   OF STATE AND PUBLIC DIPLOMACY TRAINING OF 
                   MEMBERS OF THE FOREIGN SERVICE.

       (a) Report; Certification.--Not later than 30 days after 
     the date of the enactment of this Act, and every 30 days 
     thereafter, the Secretary of State shall submit to the 
     relevant congressional committees a report on the 
     recommendations of the 9/11 Commission and the policy goals 
     of sections 7109 and 7110 the Intelligence Reform and 
     Terrorism Prevention Act of 2004 (Public Law 108-458), and 
     the amendments made by such sections, regarding the public 
     diplomacy responsibilities of the Department of State and 
     public diplomacy training of members of the Foreign Service. 
     Such report shall include--
       (1) a certification by the Secretary of State that such 
     recommendations have been implemented and such policy goals 
     have been achieved; or
       (2) if the Secretary of State is unable to make the 
     certification described in paragraph (1), a description of--
       (A) the steps taken to implement such recommendations and 
     achieve such policy goals;
       (B) when the Secretary of State expects such 
     recommendations to be implemented and such policy goals to be 
     achieved; and
       (C) any allocation of resources or other actions by 
     Congress the Secretary of State considers necessary to 
     implement such recommendations and achieve such policy goals.
       (b) Termination of Duty to Report.--The duty to submit a 
     report under subsection (a) shall terminate when the 
     Secretary of State submits a certification pursuant to 
     subsection (a)(1).
       (c) GAO Review of Certification.--If the Secretary of State 
     submits a certification pursuant to subsection (a)(1), not 
     later than 30 days after the submission of such 
     certification, the Comptroller General shall submit to the 
     relevant congressional committees a report on whether the 
     recommendations described in subsection (a) have been 
     implemented and whether the policy goals described in 
     subsection (a) have been achieved.
       (d) Relevant Congressional Committees Defined.--In this 
     section, the term ``relevant congressional committees'' 
     means--
       (1) the Committee on International Relations and the 
     Committee on Government Reform of the House of 
     Representatives; and
       (2) the Committee on Foreign Relations and the Committee on 
     Homeland Security and Governmental Affairs of the Senate.

     SEC. 312. INTERNATIONAL BROADCASTING.

       (a) Report.--Not later than 90 days after the date of the 
     enactment of this Act, the Broadcasting Board of Governors 
     shall submit to the relevant congressional committees a 
     report on--
       (1) the activities of Radio Sawa and Radio Al-Hurra; and
       (2) the extent to which the activities of Radio Sawa and 
     Radio Al-Hurra have been successful, including an analysis of 
     impact of the activities on the audience and audience 
     demographics and whether or not funding is adequate to carry 
     out the activities.
       (b) Relevant Congressional Committees Defined.--In this 
     section, the term ``relevant congressional committees'' 
     means--
       (1) the Committee on International Relations and the 
     Committee on Government Reform of the House of 
     Representatives; and
       (2) the Committee on Foreign Relations and the Committee on 
     Homeland Security and Governmental Affairs of the Senate.

     SEC. 313. EXPANSION OF UNITED STATES SCHOLARSHIP, EXCHANGE, 
                   AND LIBRARY PROGRAMS IN THE ISLAMIC WORLD.

       (a) Report; Certification.--Not later than 30 days after 
     the date of the enactment of this Act, and every 30 days 
     thereafter, the Secretary of State shall submit to the 
     relevant congressional committees a report on the 
     recommendations of the 9/11 Commission and the policy goals 
     of sections 7112 of the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (Public Law 108-458) for expanding 
     United States scholarship, exchange, and library programs in 
     the Islamic world. Such report shall include--
       (1) a certification by the Secretary of State that such 
     recommendations have been implemented and such policy goals 
     have been achieved; or
       (2) if the Secretary of State is unable to make the 
     certification described in paragraph (1), a description of--
       (A) the steps taken to implement such recommendations and 
     achieve such policy goals;
       (B) when the Secretary of State expects such 
     recommendations to be implemented and such policy goals to be 
     achieved; and
       (C) any allocation of resources or other actions by 
     Congress the Secretary of State considers necessary to 
     implement such recommendations and achieve such policy goals.
       (b) Termination of Duty to Report.--The duty to submit a 
     report under subsection (a) shall terminate when the 
     Secretary of State submits a certification pursuant to 
     subsection (a)(1).
       (c) GAO Review of Certification.--If the Secretary of State 
     submits a certification pursuant to subsection (a)(1), not 
     later than 30 days after the submission of such 
     certification, the Comptroller General shall submit to the 
     relevant congressional committees a report on whether the 
     recommendations described in subsection (a) have been 
     implemented and whether the policy goals described in 
     subsection (a) have been achieved.
       (d) Relevant Congressional Committees Defined.--In this 
     section, the term ``relevant congressional committees'' 
     means--
       (1) the Committee on International Relations and the 
     Committee on Government Reform of the House of 
     Representatives; and
       (2) the Committee on Foreign Relations and the Committee on 
     Homeland Security and Governmental Affairs of the Senate.

     SEC. 314. INTERNATIONAL YOUTH OPPORTUNITY FUND.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) the Middle East Partnership Initiative (MEPI) and the 
     United States Agency for International Development should be 
     commended for initiating programs in predominantly Muslim 
     countries to support secular education improvements and the 
     teaching of English, including programs that focus on the 
     education of women;

[[Page S9153]]

       (2) the secular education programs of MEPI and the United 
     States Agency for International Development are a 
     constructive start to answering the challenge of secular 
     education in predominantly Muslim countries;
       (3) the secular education programs of MEPI and the United 
     States Agency for International Development should be 
     components of an overall strategy for educational 
     assistance--itself one component of an overall United States 
     strategy for counterterrorism--targeted where the need and 
     the benefit to the national security of the United States are 
     greatest; and
       (4) upon formation of a broader strategy for international 
     educational assistance targeted toward the Middle East, a 
     significant increase in funding for these initiatives should 
     be provided.
       (b) International Youth Opportunity Fund.--There are 
     authorized to be appropriated to the Secretary of State 
     $50,000,000 for each of fiscal years 2007 and 2008 to support 
     the establishment of an International Youth Opportunity Fund 
     pursuant to section 7114 of the Intelligence Reform and 
     Terrorism Prevention Act of 2004 (Public Law 108-458).

                      Subtitle C--Nonproliferation

     SEC. 321. SHORT TITLE.

       This subtitle may be cited as the ``Omnibus 
     Nonproliferation and Anti-Nuclear Terrorism Act of 2006''.

     SEC. 322. FINDINGS.

       Congress makes the following findings:
       (1) Loose nuclear weapons and materials in the former 
     soviet union.--
       (A) There are in the world today enormous stockpiles of 
     nuclear weapons and the materials required to make them. 
     Counting materials both in assembled warheads and in other 
     forms, worldwide totals are estimated to encompass some 1,900 
     tons of highly enriched uranium (enough for 143,000 nuclear 
     weapons) and 1,855 tons of plutonium (enough for 330,000 
     nuclear weapons).
       (B) The Russian Federation alone is estimated to have over 
     1,000 tons of highly enriched uranium (enough for over 80,000 
     nuclear weapons) and 140 tons of plutonium (enough for over 
     30,000 nuclear weapons).
       (C) The United States has been working for over a decade to 
     eliminate stockpiles of loose nuclear weapons and materials 
     in the former Soviet Union, but the Department of Energy 
     acknowledges that there is still a need to properly secure 
     about 460 tons of weapons-usable Russian nuclear material 
     (outside of warheads), enough for more than 35,000 nuclear 
     weapons.
       (D) A recent report by the Central Intelligence Agency 
     faulted the security of nuclear arsenal facilities in the 
     Russian Federation and assessed that ``undetected smuggling 
     has occurred.''
       (E) There are at least 18 documented incidents of 
     ``proliferation significant'' fissile material trafficking 
     from facilities in the former Soviet Union between 1991 and 
     2001. In one incident in 1998, an inside conspiracy at a 
     Russian nuclear weapons facility attempted to steal 18.5 
     kilograms of highly enriched uranium. In another incident, 2 
     kilograms of highly enriched uranium taken from a research 
     facility in Sukhumi, Georgia, has never been recovered.
       (F) In May 1994, German police found a small but worrisome 
     quantity of supergrade plutonium in the garage of Adolf 
     Jackle. Extremely expensive to produce, this rare item was 
     likely stolen from one of Russia's two premier nuclear 
     weapons laboratories.
       (G) Comprehensive security upgrades are not yet completed 
     at 90 percent of Russian nuclear warhead bunkers for Russia's 
     Strategic Rocket Forces.
       (H) Border security in the former Soviet Union is 
     inconsistent at best. Existing infrastructure helps at the 
     outer borders of the former Soviet Union but many borders 
     internal to the former Soviet Union, such as the border 
     between Kazakhstan and the Russian Federation, exist only on 
     a map.
       (2) Loose nuclear materials around the globe.--
       (A) Dangerous caches of weapons-usable nuclear materials, 
     much of it poorly secured and vulnerable to theft, exist in a 
     multitude of facilities around the world. For example, there 
     are over 130 research reactors in over 40 countries that 
     house highly enriched uranium, some with enough to 
     manufacture an atomic bomb. In total, about 40 tons of highly 
     enriched uranium, enough for over 1,000 nuclear weapons, is 
     estimated to remain in civilian research reactors.
       (B) Over the last 50 years, the United States is known to 
     have exported about 27.5 tons of highly enriched uranium to 
     43 countries to help develop nuclear power production or 
     bolster scientific initiatives. In 1996, the United States 
     began an effort to recover the more than 17.5 tons of the 
     nuclear material that was still overseas, but has recovered 
     only about 1 ton, according to the Department of Energy and 
     the Government Accountability Office.
       (C) It is especially important to keep highly enriched 
     uranium out of terrorists' hands because, with minimal 
     expertise, they could use it to make the simplest, gun-type 
     nuclear weapon--a device in which a high explosive is used to 
     blow one subcritical piece of highly enriched uranium from 
     one end of a tube into another subcritical piece held at the 
     opposite end of the tube.
       (D) To Osama bin Laden, acquiring weapons of mass 
     destruction is a ``religious duty''. Al Qaeda and more than 
     two dozen other terrorist groups are pursuing capability to 
     use weapons of mass destruction.
       (E) Osama bin Laden's press spokesman, Sulaiman Abu Ghaith, 
     has announced that the group aspires ``to kill 4 million 
     Americans, including 1 million children,'' in response to 
     casualties supposedly inflicted on Muslims by the United 
     States and Israel.
       (F) Al Qaeda documents recovered in Afghanistan reveal a 
     determined research effort focused on nuclear weapons.
       (3) Security standards for all nuclear weapons and 
     materials.--
       (A) There are no international binding standards for the 
     secure handling and storage of nuclear weapons and materials.
       (B) Making a nuclear weapon requires only 4 to 5 kilograms 
     of plutonium or 12 to 15 kilograms of highly enriched 
     uranium.
       (C) In October 2001, the United States Government became 
     very concerned that Al Qaeda may have smuggled a 10-kiloton 
     Russian nuclear warhead into New York City. If placed in 
     lower Manhattan, such a device would probably kill 100,000 
     people instantly, seriously injure tens of thousands more, 
     and render the entire area uninhabitable for decades to come.
       (4) Russia's nuclear expertise.--
       (A) Employment at the large nuclear facilities in the 
     Russian Federation's 10 closed nuclear cities is estimated to 
     be in the range of 120,000 to 130,000 people, of whom 
     approximately 75,000 were employed on nuclear weapons-related 
     work.
       (B) Poor wages and living conditions in Russian ``nuclear 
     cities'' have inspired protests and strikes among the 
     employees working in them.
       (C) Insiders have been caught attempting to smuggle nuclear 
     materials out of these facilities, presumably to sell on the 
     lucrative black market.

     SEC. 323. ESTABLISHMENT OF OFFICE OF NONPROLIFERATION 
                   PROGRAMS IN THE EXECUTIVE OFFICE OF THE 
                   PRESIDENT.

       (a) Establishment.--There is established in the Executive 
     Office of the President an Office of Nonproliferation 
     Programs (in this section referred to as the ``Office'').
       (b) Director; Associate Directors.--There shall be at the 
     head of the Office a Director who shall be appointed by the 
     President, by and with the advice and consent of the Senate, 
     and who shall be compensated at the rate provided for level 
     II of the Executive Schedule in section 5313 of title 5, 
     United States Code. The President is authorized to appoint 
     not more than four Associate Directors, by and with the 
     advice and consent of the Senate, who shall be compensated at 
     a rate not to exceed that provided for level III of the 
     Executive Schedule in section 5314 of such title. Associate 
     Directors shall perform such functions as the Director may 
     prescribe.
       (c) Primary Functions of Director.--
       (1) In general.--The primary function of the Director is to 
     coordinate and lead--
       (A) efforts by the United States to curb terrorist access 
     to nuclear technology, materials, or expertise; and
       (B) other United States nonproliferation activities, 
     including nuclear nonproliferation activities and activities 
     to counter other weapons of mass destruction.
       (2) Specific functions.--In addition to such other 
     functions and activities as the President may assign, the 
     Director shall--
       (A) advise the President, and others within the Executive 
     Office of the President, on the role and effect of such 
     nonproliferation activities on national security and 
     international relations;
       (B) lead the development and implementation of a plan 
     (including appropriate budgets, other resources, goals, and 
     metrics for assessing progress) to ensure that all the 
     highest-priority actions to prevent terrorists from getting 
     and using nuclear weapons are taken in the shortest possible 
     time, including but not limited to a fast-paced global effort 
     to ensure that every nuclear warhead and every kilogram of 
     weapons-usable nuclear material worldwide is secured and 
     accounted for, to standards sufficient to defeat demonstrated 
     terrorist and criminal threats, as rapidly as that objective 
     can be accomplished;
       (C) identify obstacles to accelerating and strengthening 
     efforts to prevent terrorists from getting and using nuclear 
     weapons, and raise approaches to overcoming these obstacles 
     for action by the President or other appropriate officials;
       (D) lead an effort, to be carried out jointly by the 
     various Federal agencies responsible for carrying out such 
     nonproliferation activities, to establish priorities among 
     those activities and to develop and implement strategies and 
     budgets that reflect those priorities;
       (E) build strong partnerships with respect to such 
     nonproliferation activities among Federal, State, and local 
     governments, foreign governments, international 
     organizations, and nongovernmental organizations; and
       (F) evaluate the scale, quality, and effectiveness of the 
     Federal effort with respect to such nonproliferation 
     activities and advise on appropriate actions.

     SEC. 324. REMOVAL OF RESTRICTIONS ON COOPERATIVE THREAT 
                   REDUCTION PROGRAMS.

       (a) Repeal of Restrictions.--
       (1) Restrictions on assistance in destroying former soviet 
     weapons.--Section 211(b) of the Soviet Nuclear Threat 
     Reduction Act of 1991 (22 U.S.C. 2551 note) is repealed.

[[Page S9154]]

       (2) Restrictions on authority to carry out ctr programs.--
     Section 1203(d) of the Cooperative Threat Reduction Act of 
     1993 (title XII of Public Law 103-160; 22 U.S.C. 5952(d)) is 
     repealed.
       (3) Limitation on use of funds for chemical weapons 
     destruction.--Section 1305 of the National Defense 
     Authorization Act for Fiscal Year 2000 (22 U.S.C. 5952 note) 
     is repealed.
       (b) Exemption From Limitations.--Cooperative Threat 
     Reduction programs may be carried out notwithstanding any 
     other provision of law, subject to congressional notification 
     and reporting requirements that apply to the use of funds 
     available for Cooperative Threat Reduction programs or the 
     carrying out of projects or activities under such programs.
       (c) Inapplicability of Other Restrictions.--Section 502 of 
     the Freedom for Russia and Emerging Eurasian Democracies and 
     Open Markets Support Act of 1992 (22 U.S.C. 5852) shall not 
     apply to any Cooperative Threat Reduction program.

     SEC. 325. REMOVAL OF RESTRICTIONS ON DEPARTMENT OF ENERGY 
                   NONPROLIFERATION PROGRAMS.

       Section 4301 of the Atomic Energy Defense Act (50 U.S.C. 
     2561) is repealed.

     SEC. 326. MODIFICATIONS OF AUTHORITY TO USE COOPERATIVE 
                   THREAT REDUCTION PROGRAM FUNDS OUTSIDE THE 
                   FORMER SOVIET UNION.

       Section 1308 of the National Defense Authorization Act for 
     Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1662; 22 
     U.S.C. 5963) is amended--
       (1) by striking ``President'' each place it appears and 
     inserting ``Secretary of Defense'';
       (2) in subsection (a), by striking ``each of the 
     following'' and all that follows through the period at the 
     end and inserting the following: ``that such project or 
     activity will--
       ``(1) assist the United States in the resolution of a 
     critical emerging proliferation threat; or
       ``(2) permit the United States to take advantage of 
     opportunities to achieve long-standing nonproliferation 
     goals.'';
       (3) by striking subsections (c) and (d); and
       (4) by redesignating subsection (e) as subsection (c).

     SEC. 327. MODIFICATIONS OF AUTHORITY TO USE INTERNATIONAL 
                   NUCLEAR MATERIALS PROTECTION AND COOPERATION 
                   PROGRAM FUNDS OUTSIDE THE FORMER SOVIET UNION.

       Section 3124 of the National Defense Authorization Act for 
     Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1747) is 
     amended--
       (1) by striking ``President'' each place it appears and 
     inserting ``Secretary of Energy'';
       (2) in subsection (a), by striking ``each of the 
     following'' and all that follows through the period at the 
     end and inserting the following: ``that such project or 
     activity will--
       ``(1) assist the United States in the resolution of a 
     critical emerging proliferation threat; or
       ``(2) permit the United States to take advantage of 
     opportunities to achieve long-standing nonproliferation 
     goals.'';
       (3) by striking subsections (c) and (d); and
       (4) by redesignating subsection (e) as subsection (c).

     SEC. 328. SPECIAL REPORTS ON ADHERENCE TO ARMS CONTROL 
                   AGREEMENTS AND NONPROLIFERATION COMMITMENTS.

       (a) Reports Required.--At least annually, the Secretary of 
     State shall submit to the appropriate congressional 
     committees a report on each country in which a Cooperative 
     Threat Reduction program is being carried out. The report 
     shall describe that country's commitments to--
       (1) making substantial national investments in 
     infrastructure to secure, safeguard, and destroy weapons of 
     mass destruction;
       (2) forgoing any military modernization exceeding 
     legitimate defense requirements, including replacement of 
     weapons of mass destruction;
       (3) forgoing any use of fissionable materials or any other 
     components of deactivated nuclear weapons in a new nuclear 
     weapons program;
       (4) complying with all relevant arms control agreements;
       (5) adopting and enforcing national and international 
     export controls over munitions and dual-use items; and
       (6) facilitating the verification by the United States and 
     international community of that country's compliance with 
     such commitments.
       (b) Form.--The report required under subsection (a) may be 
     submitted with the report required under section 403 of the 
     Arms Control and Disarmament Act (22 U.S.C. 2593a).

     SEC. 329. PRESIDENTIAL REPORT ON IMPEDIMENTS TO CERTAIN 
                   NONPROLIFERATION ACTIVITIES.

       Not later than 90 days after the date of the enactment of 
     this Act, the President shall submit to the appropriate 
     congressional committees a report identifying impediments 
     (including liability concerns, taxation issues, access 
     rights, and other impediments) to--
       (1) the ongoing renegotiation of the umbrella agreement 
     relating to Cooperative Threat Reduction; and
       (2) the ongoing negotiations for the implementation of the 
     Plutonium Disposition Program, the Nuclear Cities Initiative, 
     and other defense nuclear nonproliferation programs.

     SEC. 330. ENHANCEMENT OF GLOBAL THREAT REDUCTION INITIATIVE.

       Section 3132 of the Ronald W. Reagan National Defense 
     Authorization Act for Fiscal Year 2005 (Public Law 108-375; 
     118 Stat. 2166; 50 U.S.C. 2569) is amended--
       (1) in subsection (b)--
       (A) in the subsection heading, by striking ``Program 
     Authorized'' and inserting ``Program Required''; and
       (B) by striking ``The Secretary of Energy may'' and 
     inserting ``The President, acting through the Secretary of 
     Energy, shall''; and
       (2) in subsection (c)(1), by adding at the end the 
     following new subparagraph:
       ``(N) Take such other actions as may be necessary to 
     effectively implement the Global Threat Reduction 
     Initiative.''.

     SEC. 331. EXPANSION OF PROLIFERATION SECURITY INITIATIVE.

       (a) Sense of Congress Relating to Proliferation Security 
     Initiative.--It is the sense of Congress that--
       (1) the President should strive to expand and strengthen 
     the Proliferation Security Initiative announced by the 
     President on May 31, 2003, placing particular emphasis on 
     including countries outside of NATO; and
       (2) the United States should engage the United Nations to 
     develop a Security Council Resolution to authorize the 
     Proliferation Security Initiative under international law, 
     including by providing legal authority to stop shipments of 
     weapons of mass destruction, their delivery systems, and 
     related materials.
       (b) Authorization of Appropriations Relating to 
     Proliferation Security Initiative.--There are authorized to 
     be appropriated for fiscal year 2007, $50,000,000 to conduct 
     joint training exercises regarding interdiction of weapons of 
     mass destruction under the Proliferation Security Initiative. 
     Particular emphasis should be given to allocating funds from 
     such amount--
       (1) to invite other countries that do not participate in 
     the Proliferation Security Initiative to observe the joint 
     training exercises; and
       (2) to conduct training exercises with countries that 
     openly join the Proliferation Security Initiative after the 
     date of the enactment of this Act.

     SEC. 332. SENSE OF CONGRESS RELATING TO INTERNATIONAL 
                   SECURITY STANDARDS FOR NUCLEAR WEAPONS AND 
                   MATERIALS.

       It is the sense of Congress that the President should seek 
     to devise and implement standards to improve the security of 
     nuclear weapons and materials by--
       (1) establishing with other willing nations a set of 
     performance-based standards for the security of nuclear 
     weapons and weapons;
       (2) negotiating with those nations an agreement to adopt 
     the standards and implement appropriate verification measures 
     to assure ongoing compliance; and
       (3) coordinating with those nations and the International 
     Atomic Energy Agency to strongly encourage other states to 
     adopt and verifiably implement the standards.

     SEC. 333. AUTHORIZATION OF APPROPRIATIONS RELATING TO 
                   INVENTORY OF RUSSIAN TACTICAL NUCLEAR WARHEADS 
                   AND DATA EXCHANGES.

       In addition to any other amounts authorized to be 
     appropriated for such purposes, there are authorized to be 
     appropriated to the Administrator for Nuclear Security for 
     fiscal year 2007, $5,000,000 for assistance to Russia to 
     facilitate the conduct of a comprehensive inventory of the 
     stockpile of Russia of--
       (1) non-strategic nuclear weapons; and
       (2) nuclear weapons, whether strategic or non-strategic, 
     that are not secured by PALs or other electronic means.

     SEC. 334. REPORT ON ACCOUNTING FOR AND SECURING OF RUSSIA'S 
                   NON-STRATEGIC NUCLEAR WEAPONS.

       Not later than 120 days after the date of the enactment of 
     this Act, the Secretary of Defense shall submit to the 
     appropriate congressional committees a report on Russia's 
     non-strategic nuclear weapons. The report shall--
       (1) detail past and current efforts of the United States to 
     encourage a proper accounting for and securing of Russia's 
     non-strategic nuclear weapons and Russia's nuclear weapons, 
     whether strategic or non-strategic, that are not secured by 
     PALs or other electronic means;
       (2) detail the actions that are most likely to lead to 
     progress in improving the accounting for and securing or 
     dismantlement of such weapons; and
       (3) detail the feasibility of enhancing the national 
     security of the United States by developing increased 
     transparency between the United States and Russia with 
     respect to the numbers, locations, and descriptions of such 
     weapons and of the corresponding weapons of the United 
     States.

     SEC. 335. RESEARCH AND DEVELOPMENT INVOLVING ALTERNATIVE USE 
                   OF WEAPONS OF MASS DESTRUCTION EXPERTISE.

       (a) Authority to Use Funds.--Notwithstanding any other 
     provision of law and subject to subsection (c), any funds 
     available to a department or agency of the Federal Government 
     may be used to conduct non-defense research and development 
     in Russia and the states of the former Soviet Union on 
     technologies specified in subsection (b) utilizing scientists 
     in Russia and the states of the former Soviet Union who have 
     expertise in--
       (1) nuclear weapons; or
       (2) chemical or biological weapons, but only if such 
     scientists no longer engage, or have never engaged, in 
     activities supporting

[[Page S9155]]

     prohibited chemical or biological capabilities.
       (b) Technologies.--The technologies specified in this 
     subsection are technologies on the following:
       (1) Environmental restoration and monitoring.
       (2) Proliferation detection.
       (3) Health and medicine, including research.
       (4) Energy.
       (c) Limitation.--Funds may not be used under subsection (a) 
     for research and development if the Secretary of State, in 
     consultation with the Secretary of Defense and the Secretary 
     of Energy, determines that such research and development 
     will--
       (1) pose a threat to the security interests of the United 
     States; or
       (2) further materially any defense technology.
       (d) Authorization of Appropriations.--
       (1) In general.--There is authorized to be appropriated to 
     the Department of State $20,000,000 for fiscal year 2007 for 
     the following purposes:
       (A) To make determinations under subsection (c).
       (B) To defray any increase in costs incurred by the 
     Department of State, or any other department or agency of the 
     Federal Government, for research and development, or 
     demonstration, as a result of research and development 
     conducted under this section.
       (2) Availability.--(A) Amounts authorized to be 
     appropriated by paragraph (1) are authorized to remain 
     available until expended.
       (B) Any amount transferred to a department or agency of the 
     Federal Government pursuant to paragraph (1)(B) shall be 
     merged with amounts available to such department or agency to 
     cover costs concerned, and shall be available for the same 
     purposes, and for the same period, as amounts with which 
     merged.

     SEC. 336. STRENGTHENING THE NUCLEAR NONPROLIFERATION TREATY.

       (a) Findings.--Congress makes the following findings:
       (1) Article IV of the Treaty on the Non-Proliferation of 
     Nuclear Weapons (commonly referred to as the Nuclear 
     Nonproliferation Treaty or NPT) (21 UST 483) states that 
     countries that are parties to the treaty have the 
     ``inalienable right . . . to develop research, production and 
     use of nuclear energy for peaceful purposes without 
     discrimination and in conformity with articles I and II of 
     this treaty.''.
       (2) The rights outlined under article IV include all fuel 
     cycle activities, despite the fact that uranium enrichment 
     and plutonium production potentially put a country in a 
     position to produce weapons usable material.
       (3) David Bergmann, former chairman of the Israeli Atomic 
     Energy Commission, stated: ``. . . by developing atomic 
     energy for peaceful uses, you reach the nuclear weapon 
     option. There are not two atomic energies''.
       (4) The wording of article IV has made it possible for 
     countries that are parties to the NPT treaty to use peaceful 
     nuclear programs as a cover for weapons programs. In 
     particular, the misuse by North Korea and Iran of these 
     provisions threatens to undercut the viability of the nuclear 
     nonproliferation regime and the entire system of 
     international nuclear commerce.
       (5) If the international community fails to devise 
     effective measures to deal with the ``loophole'' in article 
     IV, then there is a great likelihood that the ranks of 
     countries possessing nuclear weapons will increase markedly 
     in the next decade.
       (b) Presidential Report on Control of Nuclear Fuel Cycle 
     Technologies and Material.--Not later than 90 days after the 
     date of the enactment of this Act, the President shall submit 
     to the appropriate congressional committees a report 
     identifying ways to more effectively control nuclear fuel 
     cycle technologies and material, including ways that the 
     United States can mobilize the international community to 
     close the ``loophole'' of article IV of the NPT, without 
     undermining the treaty itself.

     SEC. 337. DEFINITIONS.

       In this subtitle:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on International Relations, the Committee 
     on Armed Services, the Committee on Homeland Security, and 
     the Committee on Appropriations of the House of 
     Representatives; and
       (B) the Committee on Foreign Relations, the Committee on 
     Armed Services, the Committee on Homeland Security and 
     Governmental Affairs, and the Committee on Appropriations of 
     the Senate.
       (2) Cooperative threat reduction programs.--The term 
     ``Cooperative Threat Reduction programs'' means programs and 
     activities specified in section 1501(b) of the National 
     Defense Authorization Act for Fiscal Year 1997 (Public Law 
     104-201; 110 Stat. 2731; 50 U.S.C. 2362 note).

                    DIVISION B--COMBATTING TERRORISM

     SEC. 1001. SHORT TITLE.

       This division may be cited as the ``Targeting Terrorists 
     More Effectively Act of 2006''.

               TITLE XI--EFFECTIVELY TARGETING TERRORISTS

     SEC. 1101. SENSE OF CONGRESS ON SPECIAL OPERATIONS FORCES AND 
                   RELATED MATTERS.

       It is the sense of Congress that--
       (1) the number of active-duty Army Special Forces-qualified 
     personnel should be increased during the four years after the 
     date of the enactment of this Act so that on the date that is 
     four years after the date of such enactment such number is 
     9,290;
       (2) an additional 16 Predator aircraft should be acquired 
     for the Air Force Special Operations Command by the end of 
     fiscal year 2008;
       (3) an additional Special Operations squadron should be 
     established not later than fiscal year 2009; and
       (4) the increase in the number of regular and reserve 
     component personnel who are assigned civil affairs duty 
     should be accelerated.

     SEC. 1102. FOREIGN LANGUAGE EXPERTISE.

       (a) Findings.--Congress makes the following findings:
       (1) Success in the global war on terrorism will require a 
     dramatic increase in institutional and personal expertise in 
     the languages and cultures of the societies where terrorism 
     has taken root, including a substantial increase in the 
     number of national security personnel who obtain expert 
     lingual training.
       (2) The National Commission on Terrorist Attacks Upon the 
     United States identified the countries in the Middle East, 
     South Asia, Southeast Asia, and West Africa as countries that 
     serve or could serve as terrorist havens.
       (3) Although 22 countries have Arabic as their official 
     language, the National Commission on Terrorist Attacks Upon 
     the United States found that a total of only 6 undergraduate 
     degrees for the study of Arabic were granted by United States 
     colleges and universities in 2002.
       (4) The report of the National Commission on Terrorist 
     Attacks Upon the United States contained several criticisms 
     of the lack of linguistic expertise in the Central 
     Intelligence Agency and the Federal Bureau of Investigation 
     prior to the September 11, 2001 terrorist attacks, and called 
     for the Central Intelligence Agency to ``develop a stronger 
     language program, with high standards and sufficient 
     financial incentives''.
       (5) An audit conducted by the Department of Justice in July 
     2004, revealed that the Federal Bureau of Investigation has a 
     backlog of hundreds of thousands of untranslated audio 
     recordings from terror and espionage investigations.
       (6) The National Security Education Program Trust Fund, 
     which funds critical grant and scholarship programs for 
     linguistic training in regions critical to national security, 
     will have exhausted all its funding by fiscal year 2006, 
     unless additional appropriations are made to the Trust Fund.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the overwhelming majority of Muslims reject terrorism 
     and a small, radical minority has grossly distorted the 
     teachings of one of the world's great faiths to seek 
     justification for acts of terrorism, such radical Islamic 
     fundamentalism constitutes a primary threat to the national 
     security interests of the United States, and an effective 
     strategy for combating terrorism should include increasing 
     the number of personnel throughout the Federal Government 
     with expertise in languages spoken in predominately Muslim 
     countries and in the culture of such countries;
       (2) Muslim-Americans constitute an integral and cherished 
     part of the fabric of American society and possess many 
     talents, including linguistic, historic, and cultural 
     expertise that should be harnessed in the war against 
     radical, fundamentalist terror; and
       (3) amounts appropriated for the National Flagship Language 
     Initiative pursuant to the amendments made by subsection 
     (e)(2) should be used to support the establishment, 
     operation, and improvement of programs for the study of 
     Arabic, Persian, and other Middle Eastern, South Asian, 
     Southeast Asian, and West African languages in institutes of 
     higher education in the United States.
       (c) Authorization of Appropriations.--
       (1) National security education trust fund.--Section 810 of 
     the David L. Boren National Security Education Act of 1991 
     (50 U.S.C. 1910) is amended by adding at the end the 
     following:
       ``(d) Authorization of Appropriations for the Fund for 
     Fiscal Year 2007.--
       ``(1) In general.--There are authorized to be appropriated 
     to the Fund $150,000,000 for fiscal year 2007.
       ``(2) Availability of funds.--Amounts appropriated pursuant 
     to the authorization of appropriations in paragraph (1) shall 
     remain available until expended and not more than $15,000,000 
     of such amounts may be obligated and expended during any 
     fiscal year.''.
       (2) National flagship language initiative.--
       (A) In general.--Section 811(a) of the David L. Boren 
     National Security Education Act of 1991 (50 U.S.C. 1911(a)) 
     is amended by striking ``there is authorized to be 
     appropriated to the Secretary for each fiscal year, beginning 
     with fiscal year 2003, $10,000,000'' and inserting ``there 
     are authorized to be appropriated to the Secretary for each 
     fiscal year 2003 through 2006, $10,000,000, and for each 
     fiscal year after fiscal year 2006, $20,000,000,''.
       (B) Availability of funds.--Section 811(b) of such Act (50 
     U.S.C. 1911(b)) is amended by inserting ``for fiscal years 
     2003 through 2006'' after ``this section''.
       (3) Demonstration program.--There are authorized to be 
     appropriated to the Director of National Intelligence such 
     sums as may be necessary for each of fiscal years 2007, 2008,

[[Page S9156]]

     and 2009 in order to carry out the demonstration program 
     established under subsection (c).

     SEC. 1103. CURTAILING TERRORIST FINANCING.

       (a) Findings.--Congress makes the following findings:
       (1) The report of the National Commission on Terrorist 
     Attacks Upon the United States stated that ``[v]igorous 
     efforts to track terrorist financing must remain front and 
     center in United States counterterrorism efforts''.
       (2) The report of the Independent Task Force sponsored by 
     the Council on Foreign Relations stated that ``currently 
     existing U. S. and international policies, programs, 
     structures, and organizations will be inadequate to assure 
     sustained results commensurate with the ongoing threat posed 
     to the national security of the United States''.
       (3) The report of the Independent Task Force contained the 
     conclusion that ``[l]ong-term success will depend critically 
     upon the structure, integration, and focus of the U. S. 
     Government--and any intergovernmental efforts undertaken to 
     address this problem''.
       (b) Policy.--It is the policy of the United States--
       (1) to work with the Government of Saudi Arabia to curtail 
     terrorist financing originating from that country using a 
     range of methods, including diplomacy, intelligence, and law 
     enforcement;
       (2) to ensure effective coordination and sufficient 
     resources for efforts of the agencies and departments of the 
     United States to disrupt terrorist financing by carrying out, 
     through the Office of Terrorism and Financial Intelligence in 
     the Department of the Treasury, a comprehensive analysis of 
     the budgets and activities of all such agencies and 
     departments that are related to disrupting the financing of 
     terrorist organizations;
       (3) to provide each agency or department of the United 
     States with the appropriate number of personnel to carry out 
     the activities of such agency or department related to 
     disrupting the financing of terrorist organizations;
       (4) to centralize the coordination of the efforts of the 
     United States to combat terrorist financing and utilize 
     existing authorities to identify foreign jurisdictions and 
     foreign financial institutions suspected of abetting 
     terrorist financing and take actions to prevent the provision 
     of assistance to terrorists; and
       (5) to work with other countries to develop and enforce 
     strong domestic terrorist financing laws, and increase 
     funding for bilateral and multilateral programs to enhance 
     training and capacity-building in countries who request 
     assistance.
       (c) Authorization of Appropriations To Provide Technical 
     Assistance To Prevent Financing of Terrorists.--
       (1) In general.--There are authorized to be appropriated to 
     the President for the ``Economic Support Fund'' to provide 
     technical assistance under the provisions of chapter 4 of 
     part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2346 
     et seq.) to foreign countries to assist such countries in 
     preventing the financing of terrorist activities--
       (A) for fiscal year 2007, $300,000,000; and
       (B) for fiscal years 2008 and 2009, such sums as may be 
     necessary.
       (2) Availability of funds.--Amounts appropriated pursuant 
     to the authorization of appropriations in this subsection are 
     authorized to remain available until expended.
       (3) Additional funds.--Amounts authorized to be 
     appropriated under this subsection are in addition to amounts 
     otherwise available for such purposes.

     SEC. 1104. PROHIBITION ON TRANSACTIONS WITH COUNTRIES THAT 
                   SUPPORT TERRORISM.

       (a) Clarification of Certain Actions Under IEEPA.--In any 
     case in which the President takes action under the 
     International Emergency Economic Powers Act (50 U.S.C. 1701 
     et seq.) with respect to a foreign country, or persons 
     dealing with or associated with the government of that 
     foreign country, and the government of that foreign country 
     is determined by the Secretary of State to have repeatedly 
     provided support for acts of international terrorism, such 
     action shall apply to a United States person or other person.
       (b) Definitions.--In this section:
       (1) Controlled in fact.--The term ``is controlled in fact'' 
     includes--
       (A) in the case of a corporation, holds at least 50 percent 
     (by vote or value) of the capital structure of the 
     corporation; and
       (B) in the case of any other kind of legal entity, holds 
     interests representing at least 50 percent of the capital 
     structure of the entity.
       (2) State.--The term ``State'' means each of the several 
     States of the United States, the District of Columbia, the 
     Commonwealth of Puerto Rico, Guam, the Virgin Islands, and 
     other territories or possessions of the United States.
       (3) United states person.--The term ``United States 
     person'' includes any United States citizen, permanent 
     resident alien, entity organized under the law of the United 
     States or of any State (including foreign branches), wherever 
     located, or any other person in the United States.
       (c) Applicability.--
       (1) In general.--In any case in which the President has 
     taken action under the International Emergency Economic 
     Powers Act and such action is in effect on the date of the 
     enactment of this Act, the provisions of subsection (a) shall 
     not apply to a United States person (or other person) if such 
     person divests or terminates its business with the government 
     or person identified by such action within 90 days after the 
     date of the enactment of this Act.
       (2) Actions after date of enactment.--In any case in which 
     the President takes action under the International Emergency 
     Economic Powers Act on or after the date of the enactment of 
     this Act, the provisions of subsection (a) shall not apply to 
     a United States person (or other person) if such person 
     divests or terminates its business with the government or 
     person identified by such action within 90 days after the 
     date of such action.
       (d) Notification of Congress of Termination of 
     Investigation by Office of Foreign Assets Control.--The 
     Office of Federal Procurement Policy Act (41 U.S.C. 403 et 
     seq.) is amended by adding at the end the following new 
     section:

     ``SEC. 42. NOTIFICATION OF CONGRESS OF TERMINATION OF 
                   INVESTIGATION BY OFFICE OF FOREIGN ASSETS 
                   CONTROL.

       ``The Director of the Office of Foreign Assets Control 
     shall notify Congress upon the termination of any 
     investigation by the Office of Foreign Assets Control of the 
     Department of the Treasury if any sanction is imposed by the 
     Director of such office as a result of the investigation.''.

     SEC. 1105. COMPTROLLER GENERAL REPORT ON UNITED KINGDOM AND 
                   UNITED STATES ANTI-TERRORISM POLICIES AND 
                   PRACTICES.

       (a) Report Required.--Not later than July 1, 2007, the 
     Comptroller General of the United States shall submit to 
     Congress a report setting forth a comparative analysis of the 
     anti-terrorism policies and practices of the United Kingdom 
     and the United States.
       (b) Elements.--The report required by subsection (a) shall 
     include a comparative analysis of the following:
       (1) The counter-intelligence laws and methods of the United 
     Kingdom and the United States.
       (2) The structure of the intelligence and law enforcement 
     agencies of the United Kingdom Government and the United 
     States Government.
       (3) The compliance by the executive agencies of the United 
     Kingdom and the United States with the laws of such country 
     applicable to terrorism.
       (4) The constitutional and legal considerations that enter 
     into the development of anti-terrorism policies in the United 
     Kingdom and the United States.

     SEC. 1106. ENHANCEMENT OF INTELLIGENCE COMMUNITY EFFORTS TO 
                   BRING OSAMA BIN LADEN AND OTHER AL QAEDA 
                   LEADERS TO JUSTICE.

       (a) Additional Appropriation for Intelligence Community 
     Management Account.--There is hereby appropriated for the 
     fiscal year ending September 30, 2007, for the Intelligence 
     Community Management Account $200,000,000 which amount shall 
     be available only for a unit dedicated to bringing to justice 
     Osama bin Laden and other key leaders of al Qaeda.
       (b) Reports on Efforts.--Not later than 60 days after the 
     date of the enactment of this Act, and every 90 days 
     thereafter, the Secretary of Defense shall, in consultation 
     with other appropriate officials, submit to the congressional 
     defense committees, the Committee on International Relations 
     of the House of Representatives, and the Committee on Foreign 
     Relations of the Senate a classified report on progress made 
     by the operations in the global war on terrorism for which 
     funding is provided in subsection (a), including--
       (1) an assessment of the likely current location of 
     terrorist leaders (including Osama bin Laden and other key 
     leaders of al Qaeda);
       (2) a description of ongoing efforts to bring to justice 
     such terrorists;
       (3) a description of the cooperation provided by the 
     governments of any countries assessed as likely locations of 
     top leaders of al Qaeda and by other relevant countries;
       (4) a description of diplomatic efforts currently being 
     made to improve the cooperation of any governments described 
     in paragraph (3); and
       (5) a description of the status of, and strategy for 
     bringing to justice, perpetrators of terrorism including the 
     top leadership of al Qaeda.

   TITLE XII--PREVENTING THE GROWTH OF RADICAL ISLAMIC FUNDAMENTALISM

             Subtitle A--Quality Educational Opportunities

     SEC. 1201. FINDINGS, POLICY, AND DEFINITION.

       (a) Findings.--Congress makes the following findings:
       (1) The report of the National Commission on Terrorist 
     Attacks Upon the United States stated that ``[e]ducation that 
     teaches tolerance, the dignity and value of each individual, 
     and respect for different beliefs is a key element in any 
     global strategy to eliminate Islamic terrorism''.
       (2) According to the United Nations Development Program 
     Arab Human Development Report for 2002, 10,000,000 children 
     between the ages of 6 through 15 in the Arab world do not 
     attend school, and \2/3\ of the 65,000,000 illiterate adults 
     in the Arab world are women.
       (3) The report of the National Commission on Terrorist 
     Attacks Upon the United States concluded that ensuring 
     educational opportunity is essential to the efforts of the 
     United States to defeat global terrorism and

[[Page S9157]]

     recommended that the United States Government ``should offer 
     to join with other nations in generously supporting [spending 
     funds] . . . directly on building and operating primary and 
     secondary schools in those Muslim states that commit to 
     sensibly investing financial resources in public education''.
       (b) Policy.--It is the policy of the United States--
       (1) to work toward the goal of dramatically increasing the 
     availability of basic education in the developing world, 
     which will reduce the influence of radical madrassas and 
     other institutions that promote religious extremism;
       (2) to join with other countries in generously supporting 
     the International Youth Opportunity Fund authorized under 
     section 7114 of the 9/11 Commission Implementation Act of 
     2004 (Public Law 108-458), with the goal of building and 
     operating primary and secondary schools in Muslim countries 
     that commit to sensibly investing the resources of such 
     countries in public education;
       (3) to work with the international community, including 
     foreign countries and international organizations to raise 
     $7,000,000,000 to $10,000,000,000 each year to fund education 
     programs in Muslim countries;
       (4) to offer additional incentives to countries to increase 
     the availability of basic education; and
       (5) to work to prevent financing of educational 
     institutions that support radical Islamic fundamentalism.
       (c) Appropriate Congressional Committees Defined.--In this 
     subtitle, the term ``appropriate congressional committees'' 
     means the Committee on Foreign Relations and the Committee on 
     Appropriations of the Senate and the Committee on 
     International Relations and the Committee on Appropriations 
     of the House of Representatives.

     SEC. 1202. ANNUAL REPORT TO CONGRESS.

       Not later than June 1 each year, the Secretary of State 
     shall submit to the appropriate congressional committees a 
     report on the efforts of countries in the developing world to 
     increase the availability of basic education and to close 
     educational institutions that promote religious extremism and 
     terrorism. Each report shall include--
       (1) a list of countries that are making serious and 
     sustained efforts to increase the availability of basic 
     education and to close educational institutions that promote 
     religious extremism and terrorism;
       (2) a list of countries that are making efforts to increase 
     the availability of basic education and to close educational 
     institutions that promote religious extremism and terrorism, 
     but such efforts are not serious and sustained; and
       (3) a list of countries that are not making efforts to 
     increase the availability of basic education and to close 
     educational institutions that promote religious extremism and 
     terrorism.

     SEC. 1203. AUTHORIZATION OF APPROPRIATIONS.

       (a) International Education Programs.--There are authorized 
     to be appropriated to the President for ``Development 
     Assistance'' for international education programs carried out 
     under sections 105 and 496 of the Foreign Assistance Act of 
     1961 (22 U.S.C. 2151c and 2293)--
       (1) for fiscal year 2007, $1,000,000,000; and
       (2) for fiscal years 2008 and 2009, such sums as may be 
     necessary.
       (b) International Youth Opportunity Fund.--There are 
     authorized to be appropriated to the President for fiscal 
     years 2007, 2008, and 2009 such sums as may be necessary for 
     the United States contribution to the International Youth 
     Opportunity Fund authorized under section 7114 of the 9/11 
     Commission Implementation Act of 2004 (Public Law 108-458) 
     for international education programs.
       (c) Additional Funds.--Amounts authorized to be 
     appropriated in this section are in addition to amounts 
     otherwise available for such purposes.

       Subtitle B--Democracy and Development in the Muslim World

     SEC. 1211. PROMOTING DEMOCRACY AND DEVELOPMENT IN THE MIDDLE 
                   EAST, CENTRAL ASIA, SOUTH ASIA, AND SOUTHEAST 
                   ASIA.

       (a) Findings.--Congress makes the following findings:
       (1) Al-Qaeda and affiliated groups have established a 
     terrorist network with linkages throughout the Middle East, 
     Central Asia, South Asia, and Southeast Asia.
       (2) While political repression and lack of economic 
     development do not justify terrorism, increased political 
     freedoms and economic growth can contribute to an environment 
     that undercuts tendencies and conditions that facilitate the 
     rise of terrorist organizations.
       (3) It is in the national security interests of the United 
     States to promote democracy, good governance, political 
     freedom, independent media, women's rights, private sector 
     development, and open economic systems in the countries of 
     the Middle East, Central Asia, South Asia, and Southeast 
     Asia.
       (b) Policy.--It is the policy of the United States--
       (1) to promote the objectives described in subsection 
     (a)(3) in the countries of the Middle East, Central Asia, 
     South Asia, and Southeast Asia;
       (2) to provide assistance and resources to organizations 
     that are committed to promoting such objectives; and
       (3) to work with other countries and international 
     organizations to increase the resources devoted to promoting 
     such objectives.
       (c) Strategy.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of State shall 
     submit to Congress a strategy to promote the policy of the 
     United States set out in subsection (b). Such strategy shall 
     describe how funds appropriated pursuant to the authorization 
     of appropriations in subsection (d) will be used.
       (d) Authorization of Appropriations.--
       (1) In general.--There are authorized to be appropriated to 
     the President for the ``Economic Support Fund'' for 
     activities carried out under chapter 4 of part II of the 
     Foreign Assistance Act of 1961 (22 U.S.C. 2346 et seq.) to 
     promote the policy of the United States set out in subsection 
     (b)--
       (A) for fiscal year 2007, $500,000,000; and
       (B) for fiscal years 2008 and 2009, such sums as may be 
     necessary.
       (2) Sense of congress on use of funds.--It is the sense of 
     Congress that a substantial portion of the funds appropriated 
     pursuant to the authorization of appropriations in paragraph 
     (1) should be made available to non-governmental 
     organizations that have a record of success working in the 
     countries of the Middle East, Central Asia, South Asia, and 
     Southeast Asia to build and support democratic institutions, 
     democratic parties, human rights organizations, independent 
     media, and the efforts to promote the rights of women.
       (3) Additional funds.--Amounts authorized to be 
     appropriated in paragraph (1) are in addition to amounts 
     otherwise available for such purposes.

     SEC. 1212. MIDDLE EAST FOUNDATION.

       (a) Purposes.--The purposes of this section are to support, 
     through the provision of grants, technical assistance, 
     training, and other programs, in the countries of the Middle 
     East, the expansion of--
       (1) civil society;
       (2) opportunities for political participation for all 
     citizens;
       (3) protections for internationally recognized human 
     rights, including the rights of women;
       (4) educational system reforms;
       (5) independent media;
       (6) policies that promote economic opportunities for 
     citizens;
       (7) the rule of law; and
       (8) democratic processes of government.
       (b) Middle East Foundation.--
       (1) Designation.--The Secretary of State is authorized to 
     designate an appropriate private, nonprofit organization that 
     is organized or incorporated under the laws of the United 
     States or of a State as the Middle East Foundation (referred 
     to in this section as the ``Foundation'').
       (2) Funding.--The Secretary of State is authorized to 
     provide funding to the Foundation through the Middle East 
     Partnership Initiative of the Department of State. The 
     Foundation shall use amounts provided under this paragraph to 
     carry out the purposes of this section, including through 
     making grants and providing other assistance to entities to 
     carry out programs for such purposes.
       (3) Notification to congressional committees.--The 
     Secretary of State shall notify the Committee on Foreign 
     Relations of the Senate and the Committee on International 
     Relations of the House of Representatives prior to 
     designating an appropriate organization as the Foundation.
       (c) Grants for Projects.--
       (1) Foundation to make grants.--The Secretary of State 
     shall enter into an agreement with the Foundation that 
     requires the Foundation to use the funds provided under 
     subsection (b)(2) to make grants to persons (other than 
     governments or government entities) located in the Middle 
     East or working with local partners based in the Middle East 
     to carry out projects that support the purposes specified in 
     subsection (a).
       (2) Center for public policy.--Under the agreement 
     described in paragraph (1), the Foundation may make a grant 
     to an institution of higher education located in the Middle 
     East to create a center for public policy for the purpose of 
     permitting scholars and professionals from the countries of 
     the Middle East and from other countries, including the 
     United States, to carry out research, training programs, and 
     other activities to inform public policymaking in the Middle 
     East and to promote broad economic, social, and political 
     reform for the people of the Middle East.
       (3) Applications for grants.--An entity seeking a grant 
     from the Foundation under this section shall submit an 
     application to the head of the Foundation at such time, in 
     such manner, and including such information as the head of 
     the Foundation may reasonably require.
       (d) Private Character of the Foundation.--Nothing in this 
     section shall be construed to--
       (1) make the Foundation an agency or establishment of the 
     United States Government, or to make the officers or 
     employees of the Foundation officers or employees of the 
     United States for purposes of title 5, United States Code; or
       (2) to impose any restriction on the Foundation's 
     acceptance of funds from private and public sources in 
     support of its activities consistent with the purposes of 
     this section.
       (e) Limitation on Payments to Foundation Personnel.--No 
     part of the funds provided to the Foundation under this 
     section shall inure to the benefit of any officer or employee 
     of the Foundation, except as salary or reasonable 
     compensation for services.

[[Page S9158]]

       (f) Retention of Interest.--The Foundation may hold funds 
     provided under this section in interest-bearing accounts 
     prior to the disbursement of such funds to carry out the 
     purposes of this section, and may retain for use for such 
     purposes any interest earned without returning such interest 
     to the Treasury of the United States and without further 
     appropriation by Congress.
       (g) Financial Accountability.--
       (1) Independent private audits of the foundation.--The 
     accounts of the Foundation shall be audited annually in 
     accordance with generally accepted auditing standards by 
     independent certified public accountants or independent 
     licensed public accountants certified or licensed by a 
     regulatory authority of a State or other political 
     subdivision of the United States. The report of the 
     independent audit shall be included in the annual report 
     required by subsection (h).
       (2) GAO audits.--The financial transactions undertaken 
     pursuant to this section by the Foundation may be audited by 
     the General Accounting Office in accordance with such 
     principles and procedures and under such rules and 
     regulations as may be prescribed by the Comptroller General 
     of the United States.
       (3) Audits of grant recipients.--
       (A) In general.--A recipient of a grant from the Foundation 
     shall agree to permit an audit of the books and records of 
     such recipient related to the use of the grant funds.
       (B) Recordkeeping.--Such recipient shall maintain 
     appropriate books and records to facilitate an audit referred 
     to subparagraph (A), including--
       (i) separate accounts with respect to the grant funds;
       (ii) records that fully disclose the use of the grant 
     funds;
       (iii) records describing the total cost of any project 
     carried out using grant funds; and
       (iv) the amount and nature of any funds received from other 
     sources that were combined with the grant funds to carry out 
     a project.
       (h) Annual Reports.--Not later than January 31, 2007, and 
     annually thereafter, the Foundation shall submit to Congress 
     and make available to the public an annual report that 
     includes, for the fiscal year prior to the fiscal year in 
     which the report is submitted, a comprehensive and detailed 
     description of--
       (1) the operations and activities of the Foundation that 
     were carried out using funds provided under this section;
       (2) grants made by the Foundation to other entities with 
     funds provided under this section;
       (3) other activities of the Foundation to further the 
     purposes of this section; and
       (4) the financial condition of the Foundation.

            Subtitle C--Restoring American Moral Leadership

     SEC. 1221. ADVANCING UNITED STATES INTERESTS THROUGH PUBLIC 
                   DIPLOMACY.

       (a) Findings.--Congress makes the following findings:
       (1) The United States needs to improve its communication of 
     information and ideas to people in foreign countries, 
     particularly in countries with significant Muslim 
     populations.
       (2) Public diplomacy should reaffirm the paramount 
     commitment of the United States to democratic principles, 
     including preserving the civil liberties of all the people of 
     the United States, including Muslim-Americans.
       (3) The report of the National Commission on Terrorist 
     Attacks Upon the United States stated that, ``Recognizing 
     that Arab and Muslim audiences rely on satellite television 
     and radio, the government has begun some promising 
     initiatives in television and radio broadcasting to the Arab 
     world, Iran, and Afghanistan. These efforts are beginning to 
     reach large audiences. The Broadcasting Board of Governors 
     has asked for much larger resources. It should get them.''.
       (4) A significant expansion of United States international 
     broadcasting would provide a cost-effective means of 
     improving communication with countries with significant 
     Muslim populations by providing news, information, and 
     analysis, as well as cultural programming, through both radio 
     and television broadcasts.
       (b) Special Authority for Surge Capacity.--The United 
     States International Broadcasting Act of 1994 (22 U.S.C. 6201 
     et seq.) is amended by adding at the end the following new 
     section:

     ``SEC. 316. SPECIAL AUTHORITY FOR SURGE CAPACITY.

       ``(a) Emergency Authority.--
       ``(1) In general.--Whenever the President determines it to 
     be important to the national interests of the United States 
     and so certifies to the appropriate congressional committees, 
     the President, on such terms and conditions as the President 
     may determine, is authorized to direct any department, 
     agency, or other entity of the United States to furnish the 
     Broadcasting Board of Governors with such assistance as may 
     be necessary to provide international broadcasting activities 
     of the United States with a surge capacity to support United 
     States foreign policy objectives during a crisis abroad.
       ``(2) Supersedes existing law.--The authority of paragraph 
     (1) supersedes any other provision of law.
       ``(3) Surge capacity defined.--In this subsection, the term 
     `surge capacity' means the financial and technical resources 
     necessary to carry out broadcasting activities in a 
     geographical area during a crisis.
       ``(b) Authorization of Appropriations.--
       ``(1) In general.--There are authorized to be appropriated 
     to the President such sums as may be necessary for the 
     President to carry out this section, except that no such 
     amount may be appropriated which, when added to amounts 
     previously appropriated for such purpose but not yet 
     obligated, would cause such amounts to exceed $25,000,000.
       ``(2) Availability of funds.--Amounts appropriated pursuant 
     to the authorization of appropriations in this subsection are 
     authorized to remain available until expended.
       ``(3) Designation of appropriations.--Amounts appropriated 
     pursuant to the authorization of appropriations in this 
     subsection may be referred to as the `United States 
     International Broadcasting Surge Capacity Fund'.''.
       (c) Report.--An annual report submitted to the President 
     and Congress by the Broadcasting Board of Governors under 
     section 305(a)(9) of the United States International 
     Broadcasting Act of 1994 (22 U.S.C. 6204(a)(9)) shall provide 
     a detailed description of any activities carried out under 
     section 316 of such Act, as added by subsection (b).
       (d) Authorization of Appropriations for United States 
     International Broadcasting Activities.--
       (1) In general.--In addition to amounts otherwise available 
     for such purposes, the following amounts are authorized to be 
     appropriated to carry out United States Government 
     broadcasting activities under the United States Information 
     and Educational Exchange Act of 1948 (22 U.S.C. 1431 et 
     seq.), the United States International Broadcasting Act of 
     1994 (22 U.S.C. 6201 et seq.), the Foreign Affairs Reform and 
     Restructuring Act of 1998 (as enacted in division G of the 
     Omnibus Consolidated and Emergency Supplemental 
     Appropriations Act, 1999; Public Law 105-277), and this 
     division, and to carry out other authorities in law 
     consistent with such purposes:
       (A) International broadcasting operations.--For 
     ``International Broadcasting Operations'', $500,000,000 for 
     the fiscal year 2007.
       (B) Broadcasting capital improvements.--For ``Broadcasting 
     Capital Improvements'', $70,000,000 for the fiscal year 2007.
       (2) Availability of funds.--Amounts appropriated pursuant 
     to the authorization of appropriations in this section are 
     authorized to remain available until expended.

     SEC. 1222. DEPARTMENT OF STATE PUBLIC DIPLOMACY PROGRAMS.

       (a) United States Educational, Cultural, and Public 
     Diplomacy Programs.--There are authorized to be appropriated 
     for the Department of State to carry out public diplomacy 
     programs of the Department under the United States 
     Information and Educational Exchange Act of 1948, the Mutual 
     Educational and Cultural Exchange Act of 1961, Reorganization 
     Plan Number 2 of 1977, the Foreign Affairs Reform and 
     Restructuring Act of 1998, the Center for Cultural and 
     Technical Interchange Between East and West Act of 1960, the 
     Dante B. Fascell North-South Center Act of 1991, and the 
     National Endowment for Democracy Act, and to carry out other 
     authorities in law consistent with the purposes of such Acts 
     for ``Educational and Cultural Exchange Programs'', 
     $500,000,000 for the fiscal year 2007.
       (b) Administration of Foreign Affairs.--There are 
     authorized to be appropriated for the Department of State 
     under ``Administration of Foreign Affairs'' to carry out the 
     authorities, functions, duties, and responsibilities in the 
     conduct of foreign affairs of the United States, and for 
     other purposes authorized by law for ``Diplomatic and 
     Consular Programs'', $500,000,000 for the fiscal year 2007, 
     which shall only be available for public diplomacy 
     international information programs.

     SEC. 1223. TREATMENT OF DETAINEES.

       (a) Findings.--Consistent with the report of the National 
     Commission on Terrorist Attacks Upon the United States, 
     Congress makes the following findings:
       (1) Carrying out the global war on terrorism requires the 
     development of policies with respect to the detention and 
     treatment of captured international terrorists that are 
     adhered to by all coalition forces.
       (2) Article 3 of the Convention Relative to the Treatment 
     of Prisoners of War, done at Geneva August 12, 1949 (6 UST 
     3316), was specifically designed for cases in which the usual 
     rules of war do not apply, and the minimum standards of 
     treatment pursuant to such Article are generally accepted 
     throughout the world as customary international law.
       (3) The Commission on Terrorist Attacks Upon the United 
     States urged to the United States to engage its friends to 
     develop a common coalition approach toward the detention and 
     humane treatment of captured terrorists. The 9/11 Public 
     Discourse Project went on to give the Administration a 
     ranking of ``unfulfilled'' in this area, commenting that 
     ``[d]issession either at home or abroad on how the United 
     States treats captured terrorists only makes it harder to 
     build the diplomatic, political and military alliance 
     necessary to fight the war on terror effectively''.
       (b) Policy.--The policy of the United States is as follows:
       (1) It is the policy of the United States to treat all 
     foreign persons captured, detained, interned, or otherwise 
     held in the custody of the United States (hereinafter 
     ``detainees'')

[[Page S9159]]

     humanely and in accordance with the legal obligations under 
     United States law and international law, including the 
     obligations in the Convention Against Torture, the Geneva 
     Conventions, and the Detainee Treatment Act of 2005.
       (2) It is the policy of the United States that all 
     officials of the United States are bound both in wartime and 
     in peacetime by the legal prohibitions against torture, 
     cruel, inhumane, or degrading treatment set out in the 
     Constitution, laws, and treaties of the United States, as 
     reiterated by the Supreme Court in Hamdan v. Rumsfeld (126 S. 
     Ct. 2749 (2006)).
       (3) If there is any doubt as to whether a detainee is 
     entitled to the protections afforded by the Geneva 
     Conventions, it is the policy of the United States that such 
     detainee shall enjoy the protections of the Convention 
     Relative to the Treatment of Prisoners of War, done at Geneva 
     August 12, 1949 (6 UST 3316) until such time as the 
     detainee's status can be determined pursuant to the 
     procedures authorized by Army Regulation 190-8, Section 1-6.
       (4) It is the policy of the United States to expeditiously 
     process and, if appropriate, prosecute detainees in the 
     custody of the United States, including detainees in custody 
     at Guantanamo Bay, Cuba.
       (c) Reporting.--The Secretary shall submit to the 
     appropriate congressional committees the following:
       (1) Not later than 180 days after the date of the enactment 
     of this Act, a report setting forth the number of individuals 
     currently held at Guantanamo Bay, Cuba, the number of such 
     individuals who are unlikely to face a military commission in 
     the next six months, and each reason for not bringing such 
     individuals before a military commission.
       (2) Not later than 90 days after the date of the enactment 
     of this Act, a report setting forth all interrogation 
     techniques approved, as of the date of the enactment of this 
     Act, by officials of the United States for use with 
     detainees.
       (d) Rules, Regulations, and Guidelines.--
       (1) Requirement.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary and the Director 
     shall prescribe the rules, regulations, or guidelines 
     necessary to ensure compliance with the standards of the 
     Detainee Treatment Act of 2005 and Common Article 3 of the 
     Geneva Conventions by all personnel of the United States 
     Government and by any person providing services to the United 
     States Government on a contract basis.
       (2) Report to congress.--The Secretary and the Director 
     shall submit to Congress the rules, regulations, or 
     guidelines prescribed under paragraph (1), and any 
     modifications to such rules, regulations, or guidelines--
       (A) not later than 30 days after the effective date of such 
     rules, regulations, guidelines, or modifications; and
       (B) in a manner and form that will protect the national 
     security interests of the United States.
       (e) Reports on Possible Violations.--
       (1) Requirement.--The Secretary and the Director shall each 
     submit, on a timely basis and not less than twice each year, 
     a report to Congress on the circumstances surrounding, and a 
     status report on, any investigation of, or prosecution on 
     account of, a possible violation of the standards specified 
     in subsection (d)(1) by United States Government personnel or 
     by a person providing services to the United States 
     Government on a contract basis.
       (2) Form of report.--A report required under paragraph (1) 
     shall be submitted in a manner and form that--
       (A) will protect the national security interests of the 
     United States; and
       (B) will not prejudice any prosecution of an individual 
     alleged to have violated the standards specified in 
     subsection (d)(1).
       (f) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means the Committee 
     on Armed Services, the Committee on the Judiciary, and the 
     Committee on Foreign Relations of the Senate and the 
     Committee on Armed Services, the Committee on the Judiciary, 
     and the Committee on International Relations of the House of 
     Representatives.
       (2) Convention against torture.--The term ``Convention 
     Against Torture'' means the Convention Against Torture and 
     Other Cruel, Inhuman or Degrading Treatment or Punishment, 
     done at New York December 10, 1984.
       (3) Director.--The term ``Director'' means the Director of 
     National Intelligence.
       (4) Geneva conventions.--The term ``Geneva Conventions'' 
     means--
       (A) the Convention for the Amelioration of the Condition of 
     the Wounded and Sick in Armed Forces in the Field, done at 
     Geneva August 12, 1949 (6 UST 3114);
       (B) the Convention for the Amelioration of the Condition of 
     the Wounded, Sick, and Shipwrecked Members of Armed Forces at 
     Sea, done at Geneva August 12, 1949 (6 UST 3217);
       (C) the Convention Relative to the Treatment of Prisoners 
     of War, done at Geneva August 12, 1949 (6 UST 3316); and
       (D) the Convention Relative to the Protection of Civilian 
     Persons in Time of War, done at Geneva August 12, 1949 (6 UST 
     3516).
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of Defense.
       (6) Torture.--The term ``torture'' has the meaning given 
     that term in section 2340 of title 18, United States Code.

     SEC. 1224. NATIONAL COMMISSION TO REVIEW POLICY REGARDING THE 
                   TREATMENT OF DETAINEES.

       (a) Establishment of Commission.--There is established the 
     National Commission To Review Policy Regarding the Treatment 
     of Detainees.
       (b) Purposes.--The purposes of the Commission are as 
     follows:
       (1) To examine and report upon the role of policymakers in 
     the interrogation and detention policies related to the 
     treatment of individuals detained during Operation Iraqi 
     Freedom or Operation Enduring Freedom.
       (2) To examine and report on the causes of the alleged 
     mistreatment of detainees by United States personnel and the 
     impact of such mistreatment on the security of the Armed 
     Forces of the United States.
       (3) To build upon the reviews of the policies of the United 
     States related to the treatment of individuals detained by 
     the United States, including such reviews conducted by the 
     executive branch, Congress, or other entities.
       (c) Composition of the Commission.--
       (1) Members.--The Commission shall be composed of 15 
     members, of whom--
       (A) 3 members shall be appointed by the majority leader of 
     the Senate;
       (B) 3 members shall be appointed by the Speaker of the 
     House of Representatives;
       (C) 3 members shall be appointed by the minority leader of 
     the Senate;
       (D) 3 members shall be appointed by the minority leader of 
     the House of Representatives;
       (E) 1 member shall be appointed by the Judge Advocate 
     General of the Army;
       (F) 1 member shall be appointed by the Judge Advocate 
     General of the Navy; and
       (G) 1 member shall be appointed by the Judge Advocate 
     General of the Air Force.
       (2) Chairperson; vice chairperson.--
       (A) In general.--Subject to subparagraph (B), the 
     Chairperson and Vice Chairperson of the Commission shall be 
     elected by the members.
       (B) Political party affiliation.--The Chairperson and Vice 
     Chairperson may not be from the same political party.
       (3) Initial meeting.--Once 10 or more members of the 
     Commission have been appointed, those members who have been 
     appointed may meet and, if necessary, select a temporary 
     chairperson, who may begin the operations of the Commission, 
     including the hiring of staff.
       (4) Quorum; vacancies.--After its initial meeting, the 
     Commission shall meet upon the call of the Chairperson or a 
     majority of its members. Eight members of the Commission 
     shall constitute a quorum. Any vacancy in the Commission 
     shall not affect its powers, but shall be filled in the same 
     manner in which the original appointment was made.
       (5) Sense of congress on qualifications of commission 
     members.--It is the sense of Congress that individuals 
     appointed to the Commission should be prominent United States 
     citizens, with national recognition and significant depth of 
     experience in the fields of intelligence, law enforcement, or 
     foreign affairs, or experience serving the United States 
     Government, including service in the Armed Forces.
       (d) Functions of the Commission.--The functions of the 
     Commission are--
       (1) to conduct an investigation that--
       (A) investigates the development and implementation of 
     policy relating to the treatment of individuals detained 
     during Operation Iraqi Freedom or Operation Enduring Freedom;
       (B) determines whether the United States policy related to 
     the treatment of detained individuals has adversely affected 
     the security of the members of the Armed Forces of the United 
     States;
       (C) determines the causes and factors contributing to the 
     alleged abuse of detainees, and whether and to what extent 
     the incidences of abuse of detained individuals has affected 
     the standing of the United States in the world;
       (D) determines whether and to what extent leaders of the 
     United States Armed Forces were given the opportunity to 
     comment on and influence policy relating to treatment of 
     detained individuals;
       (E) assesses the responsibility of leaders for policies and 
     actions, or failures to act, that may have contributed to the 
     mistreatment of detainees; and
       (F) determines whether and to what extent policy relating 
     to the treatment of individuals detained during Operation 
     Iraqi Freedom or Operation Enduring Freedom differed from the 
     policies and practices regarding detainees established by the 
     Armed Forces prior to such operations; and
       (2) to submit to the President and Congress such report as 
     is required by this section containing such findings, 
     conclusions, and recommendations as the Commission shall 
     determine, including proposing organization, coordination, 
     planning, management arrangements, procedures, rules, and 
     regulations.
       (e) Powers of the Commission.--
       (1) In general.--
       (A) Hearings and evidence.--The Commission or, on the 
     authority of the Commission, any subcommittee or member 
     thereof, may, for the purpose of carrying out this section--
       (i) hold such hearings and sit and act at such times and 
     places, take such testimony, receive such evidence, 
     administer such oaths; and
       (ii) require, by subpoena or otherwise, the attendance and 
     testimony of such witnesses

[[Page S9160]]

     and the production of such books, records, correspondence, 
     memoranda, cables, electronic messages, papers, and 
     documents, as the Commission or such designated subcommittee 
     or designated member may determine advisable.
       (B) Subpoenas.--
       (i) Issuance.--Subpoenas issued under subparagraph (A)(ii) 
     may be issued under the signature of the Chairperson of the 
     Commission, the Vice Chairperson of the Commission, the 
     chairperson of any subcommittee created by a majority of the 
     Commission, or any member designated by a majority of the 
     Commission, and may be served by any person designated by the 
     Chairperson, subcommittee chairperson, or member.
       (ii) Enforcement.--

       (I) In general.--In the case of contumacy or failure to 
     obey a subpoena issued under subparagraph (A)(ii), the United 
     States district court for the judicial district in which the 
     subpoenaed person resides, is served, or may be found, or 
     where the subpoena is returnable, may issue an order 
     requiring such person to appear at any designated place to 
     testify or to produce documentary or other evidence. Any 
     failure to obey the order of the court may be punished by the 
     court as a contempt of that court.
       (II) Additional enforcement.--In the case of any failure of 
     any witness to comply with any subpoena or to testify when 
     summoned under authority of this section, the Commission may, 
     by majority vote, certify a statement of fact constituting 
     such failure to the appropriate United States attorney, who 
     may bring the matter before the grand jury for its action, 
     under the same statutory authority and procedures as if the 
     United States attorney had received a certification under 
     sections 102 through 104 of the Revised Statutes of the 
     United States (2 U.S.C. 192 through 194).

       (2) Closed meetings.--
       (A) In general.--Meetings of the Commission may be closed 
     to the public under section 10(d) of the Federal Advisory 
     Committee Act (5 U.S.C. App.) or other applicable law.
       (B) Additional authority.--In addition to the authority 
     under subparagraph (A), section 10(a)(1) and (3) of the 
     Federal Advisory Committee Act (5 U.S.C. App.) shall not 
     apply to any portion of a Commission meeting if the President 
     determines that such portion or portions of that meeting is 
     likely to disclose matters that could endanger national 
     security. If the President makes such determination, the 
     requirements relating to a determination under section 10(d) 
     of that Act shall apply.
       (3) Contracting.--The Commission may, to such extent and in 
     such amounts as are provided in appropriation Acts, enter 
     into contracts to enable the Commission to discharge its 
     duties under this section.
       (4) Information from federal agencies.--The Commission is 
     authorized to secure directly from any executive department, 
     bureau, agency, board, commission, office, independent 
     establishment, or instrumentality of the Government 
     information, suggestions, estimates, and statistics for the 
     purposes of this section. Each department, bureau, agency, 
     board, commission, office, independent establishment, or 
     instrumentality shall, to the extent authorized by law, 
     furnish such information, suggestions, estimates, and 
     statistics directly to the Commission, upon request made by 
     the Chairperson, the chairperson of any subcommittee created 
     by a majority of the Commission, or any member designated by 
     a majority of the Commission.
       (5) Assistance from federal agencies.--
       (A) General services administration.--The Administrator of 
     General Services shall provide to the Commission on a 
     reimbursable basis administrative support and other services 
     for the performance of the Commission's functions.
       (B) Other departments and agencies.--In addition to the 
     assistance prescribed in subparagraph (A), departments and 
     agencies of the United States are authorized to provide to 
     the Commission such services, funds, facilities, staff, and 
     other support services as they may determine advisable and as 
     may be authorized by law.
       (6) Gifts.--The Commission may accept, use, and dispose of 
     gifts or donations of services or property.
       (7) Postal services.--The Commission may use the United 
     States mails in the same manner and under the same conditions 
     as departments and agencies of the United States.
       (f) Staff of the Commission.--
       (1) Appointment and compensation.--The Chairperson and Vice 
     Chairperson, in accordance with rules agreed upon by the 
     Commission, may appoint and fix the compensation of a staff 
     director and such other personnel as may be necessary to 
     enable the Commission to carry out its functions, without 
     regard to the provisions of title 5, United States Code, 
     governing appointments in the competitive service, and 
     without regard to the provisions of chapter 51 and subchapter 
     III of chapter 53 of such title relating to classification 
     and General Schedule pay rates, except that no rate of pay 
     fixed under this subsection may exceed the equivalent of that 
     payable for a position at level V of the Executive Schedule 
     under section 5316 of title 5, United States Code.
       (2) Personnel as federal employees.--
       (A) In general.--The executive director and any personnel 
     of the Commission who are employees shall be employees under 
     section 2105 of title 5, United States Code, for purposes of 
     chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title.
       (B) Members of commission.--Subparagraph (A) shall not be 
     construed to apply to a member of the Commission.
       (3) Detailees.--Any Federal Government employee may be 
     detailed to the Commission without reimbursement from the 
     Commission, and such detailee shall retain the rights, 
     status, and privileges of his or her regular employment 
     without interruption.
       (4) Consultant services.--The Commission is authorized to 
     procure the services of experts and consultants in accordance 
     with section 3109 of title 5, United States Code, but at 
     rates not to exceed the daily rate paid a person occupying a 
     position at level IV of the Executive Schedule under section 
     5315 of title 5, United States Code.
       (g) Compensation and Travel Expenses.--
       (1) Compensation.--Each member of the Commission may be 
     compensated at not to exceed the daily equivalent of the 
     annual rate of basic pay in effect for a position at level IV 
     of the Executive Schedule under section 5315 of title 5, 
     United States Code, for each day during which that member is 
     engaged in the actual performance of the duties of the 
     Commission.
       (2) Travel expenses.--While away from their homes or 
     regular places of business in the performance of services for 
     the Commission, members of the Commission shall be allowed 
     travel expenses, including per diem in lieu of subsistence, 
     in the same manner as persons employed intermittently in the 
     Government service are allowed expenses under section 5703(b) 
     of title 5, United States Code.
       (h) Security Clearances for Commission Members and Staff.--
     The appropriate departments and agencies of the Government 
     shall cooperate with the Commission in expeditiously 
     providing to the Commission members and staff appropriate 
     security clearances in a manner consistent with existing 
     procedures and requirements, except that no person shall be 
     provided with access to classified information under this 
     section who would not otherwise qualify for such security 
     clearance.
       (i) Report of the Commission.--Not later than 9 months 
     after the date of the first meeting of the Commission, the 
     Commission shall submit to the President and Congress a 
     report containing such findings, conclusions, and 
     recommendations as have been agreed to by a majority of 
     Commission members.
       (j) Termination.--
       (1) Termination.--The Commission, and all the authorities 
     of this section, shall terminate 60 days after the date on 
     which the report is submitted under subsection (i).
       (2) Administrative activities before termination.--The 
     Commission may use the 60-day period referred to in paragraph 
     (1) for the purpose of concluding its activities, including 
     providing testimony to committees of Congress concerning its 
     reports and disseminating the second report.
       (k) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Commission to carry out this 
     section $5,000,000, to remain available until expended.

     Subtitle D--Strategy for the United States Relationship With 
                Afghanistan, Pakistan, and Saudi Arabia

     SEC. 1231. AFGHANISTAN.

       (a) Afghanistan Freedom Support Act of 2002.--Section 
     108(a) the Afghanistan Freedom Support Act of 2002 (22 U.S.C. 
     7518(a)) is amended by striking ``such sums as may be 
     necessary for each of the fiscal years 2005 and 2006'' and 
     inserting ``$2,400,000,000 for fiscal year 2007 and such sums 
     as may be necessary for each of the fiscal years 2008 and 
     2009''.
       (b) Other Authorizations of Appropriations for Foreign 
     Relations Activities.--
       (1) Fiscal year 2007.--There are authorized to be 
     appropriated to the President for providing assistance for 
     Afghanistan in a manner consistent with the provisions of the 
     Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7501 et 
     seq.) for fiscal year 2007--
       (A) for ``International Military Education and Training'', 
     $1,000,000 to carry out the provisions of section 541 of the 
     Foreign Assistance Act of 1961 (22 U.S.C. 2347);
       (B) for ``Foreign Military Financing Program'' grants, 
     $444,000,000 to carry out the provisions of section 23 of the 
     Arms Export Control Act (22 U.S.C. 2763); and
       (C) for ``Peacekeeping Operations'', $30,000,000 to carry 
     out the provisions of section 551 of the Foreign Assistance 
     Act of 1961 (22 U.S.C. 2348).
       (2) Fiscal years 2008 and 2009.--
       (A) Authorization of appropriation.--There are authorized 
     to be appropriated for each of the purposes described in 
     subparagraphs (A) through (C) of paragraph (1) such sums as 
     may be necessary for each of the fiscal years 2008 and 2009.
       (B) Sense of congress.--It is the sense of Congress that 
     the amount appropriated for each purpose described in 
     subparagraphs (A) through (C) of paragraph (1) for each of 
     the fiscal years 2008 and 2009 should be an amount that is 
     equal to 125 percent of the amount appropriated for such 
     purpose during the preceding fiscal year.
       (c) Authorization of Appropriations for Operation and 
     Maintenance, Defense-Wide.--There are authorized to be 
     appropriated for fiscal year 2007 for the use of the Armed 
     Forces and other activities and agencies of the Department of 
     Defense for expenses, not otherwise provided for, for 
     operation and maintenance, for Defense-wide activities, 
     $20,000,000 for support to provisional reconstruction teams 
     in Afghanistan.

[[Page S9161]]

       (d) Other Funds.--Amounts authorized to be appropriated 
     under this section are in addition to amounts otherwise 
     available for such purposes.

     SEC. 1232. PAKISTAN.

       (a) Findings.--Congress makes the following findings:
       (1) Since September 11, 2001, the Government of Pakistan 
     has been an important partner in helping the United States 
     remove the Taliban regime in Afghanistan and combating 
     international terrorism in the frontier provinces of 
     Pakistan.
       (2) There remain a number of critical issues that threaten 
     to disrupt the relationship between the United States and 
     Pakistan, undermine international security, and destabilize 
     Pakistan, including--
       (A) curbing the proliferation of nuclear weapons 
     technology;
       (B) combating poverty and corruption;
       (C) building effective government institutions, especially 
     secular public schools;
       (D) promoting democracy and rule of law, particularly at 
     the national level; and
       (E) effectively dealing with Islamic extremism.
       (b) Policy.--It is the policy of the United States--
       (1) to work with the Government of Pakistan to combat 
     international terrorism, especially in the frontier provinces 
     of Pakistan;
       (2) to establish a long-term strategic partnership with the 
     Government of Pakistan to address the issues described in 
     subparagraphs (A) through (E) of subsection (a)(2);
       (3) to dramatically increase funding for United States 
     Agency for International Development and Department of State 
     programs that assist Pakistan in addressing such issues, if 
     the Government of Pakistan demonstrates a commitment to 
     building a moderate, democratic state; and
       (4) to work with the international community to secure 
     additional financial and political support to effectively 
     implement the policies set forth in this subsection and help 
     to resolve the dispute between the Government of Pakistan and 
     the Government of India over the disputed territory of 
     Kashmir.
       (c) Strategy on Pakistan.--
       (1) Requirement for report on strategy.--Not later than 90 
     days after the date of the enactment of this Act, the 
     President shall submit to the appropriate congressional 
     committees a report, in classified form if necessary, that 
     describes the long-term strategy of the United States to 
     engage with the Government of Pakistan to address the issues 
     described in subparagraphs (A) through (E) of subsection 
     (a)(2) in order accomplish the goal of building a moderate, 
     democratic Pakistan.
       (2) Appropriate congressional committees defined.--In this 
     subsection the term ``appropriate congressional committees'' 
     means--
       (A) the Committees on Appropriations, Armed Services, and 
     Foreign Relations of the Senate; and
       (B) the Committees on Appropriations, Armed Services, and 
     International Relations of the House of Representatives.
       (d) Nuclear Proliferation.--
       (1) Sense of congress.--It is the sense of Congress that 
     the national security interest of the United States will best 
     be served if the United States develops and implements a 
     long-term strategy to improve the United States relationship 
     with Pakistan and works with the Government of Pakistan to 
     stop nuclear proliferation.
       (2) Limitation on assistance to pakistan.--None of the 
     funds appropriated for a fiscal year to provide military or 
     economic assistance to the Government of Pakistan may be made 
     available for such purpose unless the President submits to 
     Congress for such fiscal year a certification that no 
     military or economic assistance provided by the United States 
     to the Government of Pakistan will be provided, either 
     directly or indirectly, to a person that is opposing or 
     undermining the efforts of the United States Government to 
     halt the proliferation of nuclear weapons.
       (e) Authorization of Appropriations.--
       (1) In general.--There are authorized to be appropriated to 
     the President for providing assistance for Pakistan for 
     fiscal year 2007--
       (A) for ``Development Assistance'', $50,000,000 to carry 
     out the provisions of section 103, 105, and 106 of the 
     Foreign Assistance Act of 1961 (22 U.S.C. 2151a, 2151c, and 
     2151d);
       (B) for the ``Child Survival and Health Programs Fund'', 
     $35,000,000 to carry out the provisions of sections 104 of 
     the Foreign Assistance Act of 1961 (22 U.S.C. 2151b);
       (C) for the ``Economic Support Fund'', $350,000,000 to 
     carry out the provisions of chapter 4 of part II of the 
     Foreign Assistance Act of 1961 (22 U.S.C. 2346 et seq.);
       (D) for ``International Narcotics and Law Enforcement'', 
     $50,000,000 to carry out the provisions of section 481 of the 
     Foreign Assistance Act of 1961 (22 U.S.C. 2291);
       (E) for ``Nonproliferation, Anti-Terrorism, Demining, and 
     Related Programs'', $10,000,000;
       (F) for ``International Military Education and Training'', 
     $2,000,000 to carry out the provisions of section 541 of the 
     Foreign Assistance Act of 1961 (22 U.S.C. 2347); and
       (G) for ``Foreign Military Financing Program'', 
     $300,000,000 grants to carry of the provision of section 23 
     of the Arms Export Control Act (22 U.S.C. 2763).
       (2) Other funds.--Amounts authorized to be appropriated 
     under this section are in addition to amounts otherwise 
     available for such purposes.

     SEC. 1233. SAUDI ARABIA.

       (a) Findings.--Congress makes the following findings:
       (1) The Kingdom of Saudi Arabia has an uneven record in the 
     fight against terrorism, especially with respect to terrorist 
     financing, support for radical madrassas, and a lack of 
     political outlets for its citizens, that poses a threat to 
     the security of the United States, the international 
     community, and the Kingdom of Saudi Arabia itself.
       (2) The United States has a national security interest in 
     working with the Government of Saudi Arabia to combat 
     international terrorists that operate within that nation or 
     that operate outside Saudi Arabia with the support of 
     citizens of Saudi Arabia.
       (3) In order to more effectively combat terrorism, the 
     Government of Saudi Arabia must undertake a number of 
     political and economic reforms, including increasing anti-
     terrorism operations conducted by law enforcement agencies, 
     providing more political rights to its citizens, increasing 
     the rights of women, engaging in comprehensive educational 
     reform, enhancing monitoring of charitable organizations, 
     promulgating and enforcing domestic laws and regulation on 
     terrorist financing.
       (b) Policy.--It is the policy of the United States--
       (1) to engage with the Government of Saudi Arabia to openly 
     confront the issue of terrorism, as well as other problematic 
     issues such as the lack of political freedoms, with the goal 
     of restructuring the relationship on terms that leaders of 
     both nations can publicly support;
       (2) to enhance counterterrorism cooperation with the 
     Government of Saudi Arabia, if the political leaders of such 
     Government are committed to making a serious, sustained 
     effort to combat terrorism; and
       (3) to support the efforts of the Government of Saudi 
     Arabia to make political, economic, and social reforms 
     throughout the country.
       (c) Strategy on Saudi Arabia.--
       (1) Requirement for report on strategy.--Not later than 90 
     days after the date of the enactment of this Act, the 
     President shall submit to the appropriate congressional 
     committees a report, in classified form if necessary, that 
     describes the long-term strategy of the United States--
       (A) to engage with the Government of Saudi Arabia to 
     facilitate political, economic, and social reforms that will 
     enhance the ability of the Government of Saudi Arabia to 
     combat international terrorism; and
       (B) to effectively prevent the financing of terrorists in 
     Saudi Arabia.
       (2) Appropriate congressional committees defined.--In this 
     subsection the term ``appropriate congressional committees'' 
     means--
       (A) the Committees on Appropriations, Armed Services, and 
     Foreign Relations of the Senate; and
       (B) the Committees on Appropriations, Armed Services, and 
     International Relations of the House of Representatives.

  TITLE XIII--PROTECTION FROM TERRORIST ATTACKS THAT UTILIZE NUCLEAR, 
             CHEMICAL, BIOLOGICAL, AND RADIOLOGICAL WEAPONS

                 Subtitle A--Non-Proliferation Programs

     SEC. 1301. REPEAL OF LIMITATIONS TO THREAT REDUCTION 
                   ASSISTANCE.

       Section 5 of S. 2980 of the 108th Congress (the Nunn-Lugar 
     Cooperative Threat Reduction Act of 2004), as introduced on 
     November 16, 2004, is hereby enacted into law.

     SEC. 1302. RUSSIAN TACTICAL NUCLEAR WEAPONS.

       (a) Report Required.--Not later than six months after the 
     date of the enactment of this Act, the President shall submit 
     to Congress a report setting forth the following:
       (1) An assessment of the number, location, condition, and 
     security of Russian tactical nuclear weapons.
       (2) An assessment of the threat that would be posed by the 
     theft of Russian tactical nuclear weapons.
       (3) A plan for developing with Russia a cooperative program 
     to secure, consolidate, and, as appropriate, dismantle 
     Russian tactical nuclear weapons.
       (b) Program.--The Secretary of Defense and the Secretary of 
     Energy shall jointly work with Russia to establish a 
     cooperative program, based on the report under subsection 
     (a), to secure, consolidate, and, as appropriate, dismantle 
     Russian tactical nuclear weapons in order to achieve 
     reductions in the total number of Russian tactical nuclear 
     weapons.
       (c) Authorization of Appropriations.--
       (1) Department of defense.--There are authorized to be 
     appropriated for the Department of Defense, $25,000,000 to 
     carry out this section.
       (2) Department of energy.--There are authorized to be 
     appropriated for the Department of Energy, $25,000,000 to 
     carry out this section.

     SEC. 1303. ADDITIONAL ASSISTANCE TO ACCELERATE NON-
                   PROLIFERATION PROGRAMS.

       (a) Authorization of Appropriations for the Department of 
     Defense.--There are authorized to be appropriated to the 
     Department of Defense $105,000,000 for fiscal year 2007 for 
     Cooperative Threat Reduction Activities as follows:
       (1) To accelerate security upgrades at nuclear warhead 
     storage sites located in Russia

[[Page S9162]]

     or another country of the former Soviet Union, $15,000,000.
       (2) To accelerate biological weapons proliferation 
     prevention programs in Kazakhstan, Georgia, and Uzbekistan, 
     $15,000,000.
       (3) To accelerate destruction of Libyan chemical weapons, 
     materials, and related equipment, $75,000,000.
       (b) Authorization of Appropriations for the Department of 
     Energy.--There are authorized to be appropriated to the 
     Department of Energy $95,000,000 for fiscal year 2007 for 
     nonproliferation activities of the National Nuclear Security 
     Administration as follows:
       (1) To accelerate the Global Threat Reduction Initiative, 
     $20,000,000.
       (2) To accelerate security upgrades at nuclear warhead 
     storage sites located in Russia or in another country, 
     $15,000,000.
       (3) To accelerate the closure of the plutonium producing 
     reactor at Zheleznogorsk, Russia as part of the program to 
     eliminate weapons grade plutonium production, $25,000,000.
       (4) To accelerate completion of comprehensive security 
     upgrades at Russian storage sites for weapons-usable nuclear 
     materials, $15,000,000.
       (c) Authorization of Appropriations for the Department of 
     State.--
       (1) In general.--There are authorized to be appropriated to 
     the Department of State $25,000,000 for fiscal year 2007 for 
     nonproliferation activities as follows:
       (A) To accelerate engagement of former chemical and 
     biological weapons scientists in Russia and the countries of 
     the former Soviet Union through the Bio-Chem Redirect 
     Program, $15,000,000.
       (B) To enhance efforts to combat bioterrorism by 
     transforming the Soviet biological weapons research and 
     production facilities to commercial enterprises through the 
     BioIndustry Initiative, $10,000,000.
       (2) Availability of funds.--The amount authorized to be 
     appropriated by paragraph (1) shall remain available until 
     expended.

     SEC. 1304. ADDITIONAL ASSISTANCE TO THE INTERNATIONAL ATOMIC 
                   ENERGY AGENCY.

       There are authorized to be appropriated to the Department 
     of Energy $20,000,000 to be used to provide technical and 
     other assistance to the International Atomic Energy Agency to 
     support nonproliferation programs. Such amount is in addition 
     to amounts otherwise available for such purpose.

                     Subtitle B--Border Protection

     SEC. 1311. FINDINGS.

       Congress makes the following findings:
       (1) More than 500,000,000 people cross the borders of the 
     United States at legal points of entry each year, including 
     approximately 330,000,000 people who are not citizens of the 
     United States.
       (2) The National Commission on Terrorist Attacks Upon the 
     United States found that 15 of the 19 hijackers involved in 
     the September 11, 2001 terrorist attacks ``were potentially 
     vulnerable to interception by border authorities''.
       (3) Officials with the Bureau of Customs and Border 
     Protection and with the Bureau of Immigration and Customs 
     Enforcement have stated that there is a shortage of agents in 
     such Bureaus. Due to an inadequate budget, the Bureau of 
     Immigration and Customs Enforcement has effected a hiring 
     freeze since March 2004, and the Bureau has not made public 
     any plans to end this freeze.

     SEC. 1312. HIRING AND TRAINING OF BORDER SECURITY PERSONNEL.

       (a) Inspectors and Agents.--
       (1) Increase in inspectors and agents.--During each of 
     fiscal years 2007 through 2010, the Secretary of Homeland 
     Security shall--
       (A) increase the number of full-time agents and associated 
     support staff in the Bureau of Immigration and Customs 
     Enforcement of the Department of Homeland Security by the 
     equivalent of at least 100 more than the number of such 
     employees in the Bureau as of the end of the preceding fiscal 
     year; and
       (B) increase the number of full-time inspectors and 
     associated support staff in the Bureau of Customs and Border 
     Protection by the equivalent of at least 200 more than the 
     number of such employees in the Bureau as of the end of the 
     preceding fiscal year.
       (2) Waiver of fte limitation.--The Secretary is authorized 
     to waive any limitation on the number of full-time equivalent 
     personnel assigned to the Department of Homeland Security to 
     fulfill the requirements of paragraph (1).
       (b) Training.--The Secretary shall provide appropriate 
     training for agents, inspectors, and associated support staff 
     on an ongoing basis to utilize new technologies and to ensure 
     that the proficiency levels of such personnel are acceptable 
     to protect the borders of the United States.

                      Subtitle C--First Responders

     SEC. 1321. FINDINGS.

       Congress makes the following findings:
       (1) In a report entitled ``Emergency First Responders: 
     Drastically Underfunded, Dangerously Unprepared'', an 
     independent task force sponsored by the Council on Foreign 
     Relations found that ``America's local emergency responders 
     will always be the first to confront a terrorist incident and 
     will play the central role in managing its immediate 
     consequences. Their efforts in the first minutes and hours 
     following an attack will be critical to saving lives, 
     establishing order, and preventing mass panic. The United 
     States has both a responsibility and a critical need to 
     provide them with the equipment, training, and other 
     resources necessary to do their jobs safely and 
     effectively.''.
       (2) The task force further concluded that many state and 
     local emergency responders, including police officers and 
     firefighters, lack the equipment and training needed to 
     respond effectively to a terrorist attack involving weapons 
     of mass destruction.
       (3) The Federal Government has a responsibility to ensure 
     that the people of the United States are protected to the 
     greatest possible extent against a terrorist attack, 
     especially an attack that utilizes nuclear, chemical, 
     biological, or radiological weapons, and consequently, the 
     Federal Government has a critical responsibility to address 
     the equipment, training, and other needs of State and local 
     first responders.

     SEC. 1322. RESTORATION OF JUSTICE ASSISTANCE FUNDING.

       (a) Findings.--Congress makes the following findings:
       (1) State and local police officers, firefighters, and 
     emergency responders play an essential role in the efforts of 
     the United States to prevent terrorist attacks and, if an 
     attack occurred, to address the effects of the attack.
       (2) An independent task force has concluded that hundreds 
     of local police offices and firefighting and emergency 
     response units throughout the United States are unprepared 
     for responding to a terrorist attack involving nuclear, 
     chemical, biological, or radiological weapons.
       (3) The Edward Byrne Memorial Justice Assistance Grant 
     Program provides critical Federal support for personnel, 
     equipment, training, and technical assistance for the 
     homeland security responsibilities of local law enforcement 
     offices.
       (4) The Consolidated Appropriations Act, 2005 (Public Law 
     108-447) appropriated funding for the Edward Byrne Memorial 
     Justice Assistance Grant Program, a program that resulted 
     from the combination of the Edward Byrne Memorial Grant 
     Program and the Local Law Enforcement Block Grant Program.
       (5) Funding for the Edward Byrne Memorial Justice 
     Assistance Grant Program, as provided in the Consolidated 
     Appropriations Act, 2005, has been reduced by nearly 50 
     percent since fiscal year 2002.
       (b) Sense of Congress.--It is the sense of Congress that 
     the President should request in the annual budget proposal, 
     and Congress should appropriate, the full amount authorized 
     to be appropriated in subsection (c).
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated for the Edward Byrne Memorial Justice 
     Assistance Grant Program--
       (1) for fiscal year 2007, $1,250,000,000;
       (2) for fiscal year 2008, $1,400,000,000; and
       (3) for fiscal year 2009, $1,600,000,000.

     SEC. 1323. PROVIDING RELIABLE OFFICERS, TECHNOLOGY, 
                   EDUCATION, COMMUNITY PROSECUTORS, AND TRAINING 
                   IN OUR NEIGHBORHOOD INITIATIVE.

       (a) COPS Program.--Section 1701(a) of title I of the 
     Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
     3796dd(a)) is amended--
       (1) by inserting ``and prosecutor'' after ``increase 
     police''; and
       (2) by inserting ``to enhance law enforcement access to new 
     technologies, and'' after ``presence,''.
       (b) Hiring and Redeployment Grant Projects.--Section 
     1701(b) of title I of the Omnibus Crime Control and Safe 
     Streets Act of 1968 (42 U.S.C. 3796dd(b)) is amended--
       (1) in paragraph (1)--
       (A) in subparagraph (B)--
       (i) by inserting after ``Nation'' the following: ``, or pay 
     overtime to existing career law enforcement officers to the 
     extent that such overtime is devoted to community policing 
     efforts''; and
       (ii) by striking ``and'' at the end;
       (B) in subparagraph (C)--
       (i) by striking ``or pay overtime''; and
       (ii) by striking the period at the end and inserting ``; 
     and''; and
       (C) by adding at the end the following:
       ``(D) promote higher education among in-service State and 
     local law enforcement officers by reimbursing them for the 
     costs associated with seeking a college or graduate school 
     education.''; and
       (2) in paragraph (2), by striking all that follows 
     ``Support Systems.--'' and inserting ``Grants pursuant to--
       ``(A) paragraph (1)(B) for overtime may not exceed 25 
     percent of the funds available for grants pursuant to this 
     subsection for any fiscal year;
       ``(B) paragraph (1)(C) may not exceed 20 percent of the 
     funds available for grants pursuant to this subsection in any 
     fiscal year; and
       ``(C) paragraph (1)(D) may not exceed 5 percent of the 
     funds available for grants pursuant to this subsection for 
     any fiscal year.''.
       (c) Additional Grant Projects.--Section 1701(d) of title I 
     of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
     U.S.C. 3796dd(d)) is amended--
       (1) in paragraph (2)--
       (A) by inserting ``integrity and ethics'' after 
     ``specialized''; and
       (B) by inserting ``and'' after ``enforcement officers'';
       (2) in paragraph (7), by inserting ``school officials, 
     religiously-affiliated organizations,'' after ``enforcement 
     officers'';
       (3) by striking paragraph (8) and inserting the following:

[[Page S9163]]

       ``(8) establish school-based partnerships between local law 
     enforcement agencies and local school systems, by using 
     school resource officers who operate in and around elementary 
     and secondary schools to serve as a law enforcement liaison 
     with other Federal, State, and local law enforcement and 
     regulatory agencies, combat school-related crime and disorder 
     problems, gang membership and criminal activity, firearms and 
     explosives-related incidents, illegal use and possession of 
     alcohol, and the illegal possession, use, and distribution of 
     drugs;'';
       (4) in paragraph (10), by striking ``and'' at the end;
       (5) in paragraph (11), by striking the period that appears 
     at the end and inserting ``; and''; and
       (6) by adding at the end the following:
       ``(12) develop and implement innovative programs (such as 
     the TRIAD program) that bring together a community's sheriff, 
     chief of police, and elderly residents to address the public 
     safety concerns of older citizens.''.
       (d) Technical Assistance.--Section 1701(f) of title I of 
     the Omnibus Crime Control and Safe Streets Act of 1968 (42 
     U.S.C. 3796dd(f)) is amended--
       (1) in paragraph (1)--
       (A) by inserting ``use up to 5 percent of the funds 
     appropriated under subsection (a) to'' after ``The Attorney 
     General may''; and
       (B) by inserting at the end the following: ``In addition, 
     the Attorney General may use up to 5 percent of the funds 
     appropriated under subsections (d), (e), and (f) for 
     technical assistance and training to States, units of local 
     government, Indian tribal governments, and to other public 
     and private entities for those respective purposes.'';
       (2) in paragraph (2), by inserting ``under subsection (a)'' 
     after ``the Attorney General''; and
       (3) in paragraph (3)--
       (A) by striking ``the Attorney General may'' and inserting 
     ``the Attorney General shall'';
       (B) by inserting ``regional community policing institutes'' 
     after ``operation of''; and
       (C) by inserting ``representatives of police labor and 
     management organizations, community residents,'' after 
     ``supervisors,''.
       (e) Technology and Prosecution Programs.--Section 1701 of 
     title I of the Omnibus Crime Control and Safe Streets Act of 
     1968 (42 U.S.C. 3796dd) is amended--
       (1) by striking subsection (k);
       (2) by redesignating subsections (f) through (j) as 
     subsections (g) through (k); and
       (3) by striking subsection (e) and inserting the following:
       ``(e) Law Enforcement Technology Program.--Grants made 
     under subsection (a) may be used to assist police 
     departments, in employing professional, scientific, and 
     technological advancements that will help them--
       ``(1) improve police communications through the use of 
     wireless communications, computers, software, videocams, 
     databases and other hardware and software that allow law 
     enforcement agencies to communicate more effectively across 
     jurisdictional boundaries and effectuate interoperability;
       ``(2) develop and improve access to crime solving 
     technologies, including DNA analysis, photo enhancement, 
     voice recognition, and other forensic capabilities; and
       ``(3) promote comprehensive crime analysis by utilizing new 
     techniques and technologies, such as crime mapping, that 
     allow law enforcement agencies to use real-time crime and 
     arrest data and other related information--including non-
     criminal justice data--to improve their ability to analyze, 
     predict, and respond pro-actively to local crime and disorder 
     problems, as well as to engage in regional crime analysis.
       ``(f) Community-Based Prosecution Program.--Grants made 
     under subsection (a) may be used to assist State, local or 
     tribal prosecutors' offices in the implementation of 
     community-based prosecution programs that build on local 
     community policing efforts. Funds made available under this 
     subsection may be used to--
       ``(1) hire additional prosecutors who will be assigned to 
     community prosecution programs, including programs that 
     assign prosecutors to handle cases from specific geographic 
     areas, to address specific violent crime and other local 
     crime problems (including intensive illegal gang, gun and 
     drug enforcement projects and quality of life initiatives), 
     and to address localized violent and other crime problems 
     based on needs identified by local law enforcement agencies, 
     community organizations, and others;
       ``(2) redeploy existing prosecutors to community 
     prosecution programs as described in paragraph (1) of this 
     section by hiring victim and witness coordinators, 
     paralegals, community outreach, and other such personnel; and
       ``(3) establish programs to assist local prosecutors' 
     offices in the implementation of programs that help them 
     identify and respond to priority crime problems in a 
     community with specifically tailored solutions.

     At least 75 percent of the funds made available under this 
     subsection shall be reserved for grants under paragraphs (1) 
     and (2) and of those amounts no more than 10 percent may be 
     used for grants under paragraph (2) and at least 25 percent 
     of the funds shall be reserved for grants under paragraphs 
     (1) and (2) to units of local government with a population of 
     less than 50,000.''.
       (f) Retention Grants.--Section 1703 of title I of the 
     Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
     3796dd-2) is amended by adding at the end the following:
       ``(d) Retention Grants.--The Attorney General may use no 
     more than 50 percent of the funds under subsection (a) to 
     award grants targeted specifically for retention of police 
     officers to grantees in good standing, with preference to 
     those that demonstrate financial hardship or severe budget 
     constraint that impacts the entire local budget and may 
     result in the termination of employment for police officers 
     funded under subsection (b)(1).''.
       (g) Definitions.--
       (1) Career law enforcement officer.--Section 1709(1) of 
     title I of the Omnibus Crime Control and Safe Streets Act of 
     1968 (42 U.S.C. 3796dd-8) is amended by inserting after 
     ``criminal laws'' the following: ``including sheriffs 
     deputies charged with supervising offenders who are released 
     into the community but also engaged in local community 
     policing efforts.''.
       (2) School resource officer.--Section 1709(4) of title I of 
     the Omnibus Crime Control and Safe Streets Act of 1968 (42 
     U.S.C. 3796dd-8) is amended--
       (A) by striking subparagraph (A) and inserting the 
     following:
       ``(A) to serve as a law enforcement liaison with other 
     Federal, State, and local law enforcement and regulatory 
     agencies, to address and document crime and disorder problems 
     including gangs and drug activities, firearms and explosives-
     related incidents, and the illegal use and possession of 
     alcohol affecting or occurring in or around an elementary or 
     secondary school;'';
       (B) by striking subparagraph (E) and inserting the 
     following:
       ``(E) to train students in conflict resolution, restorative 
     justice, and crime awareness, and to provide assistance to 
     and coordinate with other officers, mental health 
     professionals, and youth counselors who are responsible for 
     the implementation of prevention/intervention programs within 
     the schools;''; and
       (C) by adding at the end the following:
       ``(H) to work with school administrators, members of the 
     local parent teacher associations, community organizers, law 
     enforcement, fire departments, and emergency medical 
     personnel in the creation, review, and implementation of a 
     school violence prevention plan;
       ``(I) to assist in documenting the full description of all 
     firearms found or taken into custody on school property and 
     to initiate a firearms trace and ballistics examination for 
     each firearm with the local office of the Bureau of Alcohol, 
     Tobacco, and Firearms;
       ``(J) to document the full description of all explosives or 
     explosive devices found or taken into custody on school 
     property and report to the local office of the Bureau of 
     Alcohol, Tobacco, and Firearms; and
       ``(K) to assist school administrators with the preparation 
     of the Department of Education, Annual Report on State 
     Implementation of the Gun-Free Schools Act which tracks the 
     number of students expelled per year for bringing a weapon, 
     firearm, or explosive to school.''.
       (h) Authorization of Appropriations.--Section 1001(a)(11) 
     of title I of the Omnibus Crime Control and Safe Streets Act 
     of 1968 (42 U.S.C. 3793(a)(11)) is amended--
       (1) by amending subparagraph (A) to read as follows:
       ``(A) There are authorized to be appropriated to carry out 
     part Q, to remain available until expended--
       ``(i) $1,150,000,000 for fiscal year 2007;
       ``(ii) $1,150,000,000 for fiscal year 2008;
       ``(iii) $1,150,000,000 for fiscal year 2009;
       ``(iv) $1,150,000,000 for fiscal year 2010;
       ``(v) $1,150,000,000 for fiscal year 2011; and
       ``(vi) $1,150,000,000 for fiscal year 2012.''; and
       (2) in subparagraph (B)--
       (A) by striking ``3 percent'' and inserting ``5 percent'';
       (B) by striking ``1701(f)'' and inserting ``1701(g)'';
       (C) by striking the second sentence and inserting ``Of the 
     remaining funds, if there is a demand for 50 percent of 
     appropriated hiring funds, as determined by eligible hiring 
     applications from law enforcement agencies having 
     jurisdiction over areas with populations exceeding 150,000, 
     no less than 50 percent shall be allocated for grants 
     pursuant to applications submitted by units of local 
     government or law enforcement agencies having jurisdiction 
     over areas with populations exceeding 150,000 or by public 
     and private entities that serve areas with populations 
     exceeding 150,000, and no less than 50 percent shall be 
     allocated for grants pursuant to applications submitted by 
     units of local government or law enforcement agencies having 
     jurisdiction over areas with populations less than 150,000 or 
     by public and private entities that serve areas with 
     populations less than 150,000.'';
       (D) by striking ``85 percent'' and inserting 
     ``$600,000,000''; and
       (E) by striking ``1701(b),'' and all that follows through 
     ``of part Q'' and inserting the following: ``1701 (b) and 
     (c), $350,000,000 to grants for the purposes specified in 
     section 1701(e), and $200,000,000 to grants for the purposes 
     specified in section 1701(f).''.

                    TITLE XIV--PROTECTING TAXPAYERS

     SEC. 1401. REPORTS ON METRICS FOR MEASURING SUCCESS IN GLOBAL 
                   WAR ON TERRORISM.

       (a) Requirement for Reports.--The Comptroller General of 
     the United States shall submit to Congress reports on the 
     metrics for use in tracking and measuring acts of global 
     terrorism, international

[[Page S9164]]

     counterterrorism efforts, and the success of United States 
     counterterrorism policies and practices including specific, 
     replicable definitions, criteria, and standards of 
     measurement to be used for the following:
       (1) Counting and categorizing acts of international 
     terrorism.
       (2) Monitoring counterterrorism efforts of foreign 
     governments.
       (3) Monitoring financial support provided to terrorist 
     groups.
       (4) Assessing the success of United States counterterrorism 
     policies and practices.
       (b) Schedule of Reports.--The Comptroller General shall 
     submit to Congress an initial report under subsection (a) not 
     later than 1 year after the date of the enactment of this Act 
     and a second report not later than 1 year after the date on 
     which the initial report is submitted.

     SEC. 1402. PROHIBITION ON PROFITEERING.

       (a) Prohibition.--
       (1) In general.--Chapter 47 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 1039. War profiteering and fraud relating to military 
       action, relief, and reconstruction efforts

       ``(a) Prohibition.--
       ``(1) In general.--Whoever, in any matter involving a 
     contract or the provision of goods or services, directly or 
     indirectly, in connection with a war, military action, or 
     relief or reconstruction activities within the jurisdiction 
     of the United States Government, knowingly and willfully--
       ``(A)(i) executes or attempts to execute a scheme or 
     artifice to defraud the United States; or
       ``(ii) materially overvalues any good or service with the 
     specific intent to defraud and excessively profit from the 
     war, military action, or relief or reconstruction activities;

     shall be fined under paragraph (2), imprisoned not more than 
     20 years, or both; or
       ``(B)(i) falsifies, conceals, or covers up by any trick, 
     scheme, or device a material fact;
       ``(ii) makes any materially false, fictitious, or 
     fraudulent statements or representations; or
       ``(iii) makes or uses any materially false writing or 
     document knowing the same to contain any materially false, 
     fictitious or fraudulent statement or entry;

     shall be fined under paragraph (2) imprisoned not more than 
     10 years, or both.
       ``(2) Fine.--A person convicted of an offense under 
     paragraph (1) may be fined the greater of--
       ``(A) $1,000,000; or
       ``(B) if such person derives profits or other proceeds from 
     the offense, not more than twice the gross profits or other 
     proceeds.
       ``(b) Extraterritorial Jurisdiction.--There is 
     extraterritorial Federal jurisdiction over an offense under 
     this section.
       ``(c) Venue.--A prosecution for an offense under this 
     section may be brought--
       ``(1) as authorized by chapter 211 of this title;
       ``(2) in any district where any act in furtherance of the 
     offense took place; or
       ``(3) in any district where any party to the contract or 
     provider of goods or services is located.''.
       (2) Table of sections.--The table of sections for chapter 
     47 of title 18, United States Code, is amended by adding at 
     the end the following:

       ``1039. War profiteering and fraud relating to military 
           action, relief, and reconstruction efforts.''.
       (b) Civil Forfeiture.--Section 981(a)(1)(C) of title 18, 
     United States Code, is amended by inserting ``1039,'' after 
     ``1032,''.
       (c) Criminal Forfeiture.--Section 982(a)(2)(B) of title 18, 
     United States Code, is amended by striking ``or 1030'' and 
     inserting ``1030, or 1039''.
       (d) RICO.--Section 1956(c)(7)(D) of title 18, United States 
     Code, is amended by inserting the following: ``, section 1039 
     (relating to war profiteering and fraud relating to military 
     action, relief, and reconstruction efforts)'' after 
     ``liquidating agent of financial institution),''.

                        TITLE XV--OTHER MATTERS

     SEC. 1501. SENSE OF CONGRESS ON MILITARY COMMISSIONS FOR THE 
                   TRIAL OF PERSONS DETAINED IN THE GLOBAL WAR ON 
                   TERRORISM.

       (a) Findings.--Congress makes the following findings:
       (1) The Constitution of the United States grants to 
     Congress the power ``To define and punish . . . Offenses 
     against the Law of Nations'', as well as the power ``To 
     declare War . . . To raise and support Armies . . . [and] To 
     provide and maintain a Navy.''.
       (2) On November 13, 2001, the President issued a military 
     order establishing military commissions to try individuals 
     detained in the global war on terrorism.
       (3) On June 29, 2006, the Supreme Court held in Hamdan v. 
     Rumsfeld (126 S. Ct. 2749 (2006)) that--
       (A) the authority to establish military commissions ``can 
     derive only from the powers granted jointly to the President 
     and Congress in time of war'';
       (B) the military commission established by the President to 
     try Hamdan ``lacks the power to proceed'' because the 
     procedures governing the commission departed impermissibly 
     from the procedures governing courts martial and the 
     requirements of Common Article 3 of the Geneva Conventions; 
     and
       (C) procedures governing military commissions may depart 
     from the procedures governing courts martial ``only if some 
     practical need explains deviations from court-martial 
     practice''.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) aliens detained by the United States who are alleged to 
     have violated the law of war should be tried for their 
     offenses;
       (2) it is in the national interest for Congress to exercise 
     its authority under the Constitution to enact legislation 
     authorizing and regulating the use of military commissions to 
     try and punish offenders against the law of war;
       (3) procedures established by Congress for the use of 
     military commissions should be consistent with the decision 
     of the Supreme Court in Hamdan v. Rumsfeld;
       (4) in drafting legislation for the use of military 
     commissions, the Committees on Armed Services of the Senate 
     and the House of Representatives should take into account the 
     views of professional military lawyers who have experience in 
     prosecuting, defending, and judging cases under chapter 47 of 
     title 10, United States Code (the Uniform Code of Military 
     Justice);
       (5) the Committee on Armed Services of the Senate is 
     drafting a bipartisan proposal on military commissions that 
     reflects the views of senior military lawyers, and this 
     process must be allowed to move forward; and
       (6) as the Judge Advocate General of the Navy explained in 
     testimony before the Committee on Armed Services of the 
     Senate on July 13, 2006, ``[w]e need to think in terms of the 
     long view, and to always put our own sailors, soldiers, 
     Marines, and airmen in the place of an accused when we're 
     drafting these rules to ensure that these rules are 
     acceptable when we have someone in a future war who faces 
     similar rules''.

                DIVISION C--INTELLIGENCE AUTHORIZATIONS

     SEC. 2001. SHORT TITLE.

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

                   TITLE XXI--INTELLIGENCE ACTIVITIES

     SEC. 2101. AUTHORIZATION OF APPROPRIATIONS.

       Funds are hereby authorized to be appropriated for fiscal 
     year 2007 for the conduct of the intelligence and 
     intelligence-related activities of the following elements of 
     the United States Government:
       (1) The Office of the Director of National Intelligence.
       (2) The Central Intelligence Agency.
       (3) The Department of Defense.
       (4) The Defense Intelligence Agency.
       (5) The National Security Agency.
       (6) The Department of the Army, the Department of the Navy, 
     and the Department of the Air Force.
       (7) The Department of State.
       (8) The Department of the Treasury.
       (9) The Department of Energy.
       (10) The Department of Justice.
       (11) The Federal Bureau of Investigation.
       (12) The National Reconnaissance Office.
       (13) The National Geospatial-Intelligence Agency.
       (14) The Coast Guard.
       (15) The Department of Homeland Security.
       (16) The Drug Enforcement Administration.

     SEC. 2102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.

       (a) Specifications of Amounts and Personnel Ceilings.--The 
     amounts authorized to be appropriated under section 2101, and 
     the authorized personnel ceilings as of September 30, 2007, 
     for the conduct of the intelligence and intelligence-related 
     activities of the elements listed in such section, are those 
     specified in the classified Schedule of Authorizations 
     prepared to accompany the conference report on the bill _____ 
     of the One Hundred Ninth Congress and in the Classified Annex 
     to such report as incorporated in this division under section 
     2103.
       (b) Availability of Classified Schedule of 
     Authorizations.--The Schedule of Authorizations shall be made 
     available to the Committees on Appropriations of the Senate 
     and House of Representatives and to the President. The 
     President shall provide for suitable distribution of the 
     Schedule, or of appropriate portions of the Schedule, within 
     the executive branch.

     SEC. 2103. INCORPORATION OF CLASSIFIED ANNEX.

       (a) Status of Classified Annex.--The Classified Annex 
     prepared by the Select Committee on Intelligence of the 
     Senate to accompany its report on the bill S. __ of the One 
     Hundred Ninth Congress and transmitted to the President is 
     hereby incorporated into this division.
       (b) Construction With Other Provisions of Division.--Unless 
     otherwise specifically stated, the amounts specified in the 
     Classified Annex are not in addition to amounts authorized to 
     be appropriated by other provisions of this division.
       (c) Limitation on Use of Funds.--Funds appropriated 
     pursuant to an authorization contained in this division that 
     are made available for a program, project, or activity 
     referred to in the Classified Annex may only be expended for 
     such program, project, or activity in accordance with such 
     terms, conditions, limitations, restrictions, and 
     requirements as are set out for that program, project, or 
     activity in the Classified Annex.
       (d) Distribution of Classified Annex.--The President shall 
     provide for appropriate

[[Page S9165]]

     distribution of the Classified Annex, or of appropriate 
     portions of the annex, within the executive branch of the 
     Government.

     SEC. 2104. PERSONNEL CEILING ADJUSTMENTS.

       (a) Authority for Adjustments.--With the approval of the 
     Director of the Office of Management and Budget, the Director 
     of National Intelligence may authorize employment of civilian 
     personnel in excess of the number authorized for fiscal year 
     2007 under section 2102 when the Director of National 
     Intelligence determines that such action is necessary to the 
     performance of important intelligence functions, except that 
     the number of personnel employed in excess of the number 
     authorized under such section may not, for any element of the 
     intelligence community, exceed 2 percent of the number of 
     civilian personnel authorized under such section for such 
     element.
       (b) Notice to Intelligence Committees.--The Director of 
     National Intelligence shall promptly notify the Select 
     Committee on Intelligence of the Senate and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives whenever the Director exercises the authority 
     granted by this section.

     SEC. 2105. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.

       (a) Authorization of Appropriations.--There is authorized 
     to be appropriated for the Intelligence Community Management 
     Account of the Director of National Intelligence for fiscal 
     year 2007 the sum of $648,952,000. Within such amount, funds 
     identified in the classified Schedule of Authorizations 
     referred to in section 2102(a) for advanced research and 
     development shall remain available until September 30, 2008.
       (b) Authorized Personnel Levels.--The elements within the 
     Intelligence Community Management Account of the Director of 
     National Intelligence are authorized 1,575 full-time 
     personnel as of September 30, 2007. Personnel serving in such 
     elements may be permanent employees of the Intelligence 
     Community Management Account or personnel detailed from other 
     elements of the United States Government.
       (c) Classified Authorizations.--
       (1) Authorization of appropriations.--In addition to 
     amounts authorized to be appropriated for the Intelligence 
     Community Management Account by subsection (a), there are 
     also authorized to be appropriated for the Intelligence 
     Community Management Account for fiscal year 2007 such 
     additional amounts as are specified in the classified 
     Schedule of Authorizations referred to in section 2102(a). 
     Such additional amounts for research and development shall 
     remain available until September 30, 2008.
       (2) Authorization of personnel.--In addition to the 
     personnel authorized by subsection (b) for elements of the 
     Intelligence Community Management Account as of September 30, 
     2007, there are also authorized such additional personnel for 
     such elements as of that date as are specified in the 
     classified Schedule of Authorizations.
       (d) Reimbursement.--Except as provided in section 113 of 
     the National Security Act of 1947 (50 U.S.C. 404h), during 
     fiscal year 2007 any officer or employee of the United States 
     or a member of the Armed Forces who is detailed to the staff 
     of the Intelligence Community Management Account from another 
     element of the United States Government shall be detailed on 
     a reimbursable basis, except that any such officer, employee, 
     or member may be detailed on a nonreimbursable basis for a 
     period of less than one year for the performance of temporary 
     functions as required by the Director of National 
     Intelligence.

     SEC. 2106. INCORPORATION OF REPORTING REQUIREMENTS.

       (a) In General.--Each requirement to submit a report to the 
     congressional intelligence committees that is included in the 
     joint explanatory statement to accompany the conference 
     report on the bill ____ of the One Hundred Ninth Congress, or 
     in the classified annex to this division, is hereby 
     incorporated into this division, and is hereby made a 
     requirement in law.
       (b) Congressional Intelligence Committees Defined.--In this 
     section, the term ``congressional intelligence committees'' 
     means--
       (1) the Select Committee on Intelligence of the Senate; and
       (2) the Permanent Select Committee on Intelligence of the 
     House of Representatives.

     SEC. 2107. AVAILABILITY TO PUBLIC OF CERTAIN INTELLIGENCE 
                   FUNDING INFORMATION.

       (a) Amounts Requested Each Fiscal Year.--The President 
     shall disclose to the public for each fiscal year after 
     fiscal year 2007 the aggregate amount of appropriations 
     requested in the budget of the President for such fiscal year 
     for the National Intelligence Program.
       (b) Amounts Authorized and Appropriated Each Fiscal Year.--
     Congress shall disclose to the public for each fiscal year 
     after fiscal year 2006 the aggregate amount of funds 
     authorized to be appropriated, and the aggregate amount of 
     funds appropriated, by Congress for such fiscal year for the 
     National Intelligence Program.
       (c) Study on Disclosure of Additional Information.--
       (1) In general.--The Director of National Intelligence 
     shall conduct a study to assess the advisability of 
     disclosing to the public amounts as follows:
       (A) The aggregate amount of appropriations requested in the 
     budget of the President for each fiscal year for each element 
     of the intelligence community.
       (B) The aggregate amount of funds authorized to be 
     appropriated, and the aggregate amount of funds appropriated, 
     by Congress for each fiscal year for each element of the 
     intelligence community.
       (2) Requirements.--The study required by paragraph (1) 
     shall--
       (A) address whether or not the disclosure to the public of 
     the information referred to in that paragraph would harm the 
     national security of the United States; and
       (B) take into specific account concerns relating to the 
     disclosure of such information for each element of the 
     intelligence community.
       (3) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Director shall submit to Congress 
     a report on the study required by paragraph (1).

     SEC. 2108. RESPONSE OF INTELLIGENCE COMMUNITY TO REQUESTS 
                   FROM CONGRESS FOR INTELLIGENCE DOCUMENTS AND 
                   INFORMATION.

       (a) In General.--Title V of the National Security Act of 
     1947 (50 U.S.C. 413 et seq.) is amended by adding at the end 
     the following new section:


  ``RESPONSE OF INTELLIGENCE COMMUNITY TO REQUESTS FROM CONGRESS FOR 
                 INTELLIGENCE DOCUMENTS AND INFORMATION

       ``Sec. 508.  (a) Requests of Committees.--The Director of 
     National Intelligence, the Director of the National 
     Counterterrorism Center, the Director of a national 
     intelligence center, or the head of any other department, 
     agency, or element of the Federal Government, or other 
     organization within the Executive branch, that is an element 
     of the intelligence community shall, not later than 15 days 
     after receiving a request for any intelligence assessment, 
     report, estimate, legal opinion, or other intelligence 
     information from the Select Committee on Intelligence of the 
     Senate, the Permanent Select Committee on Intelligence of the 
     House of Representatives, or any other committee of Congress 
     with jurisdiction over the subject matter to which 
     information in such assessment, report, estimate, legal 
     opinion, or other information relates, make available to such 
     committee such assessment, report, estimate, legal opinion, 
     or other information, as the case may be.
       ``(b) Requests of Certain Members.--(1) The Director of 
     National Intelligence, the Director of the National 
     Counterterrorism Center, the Director of a national 
     intelligence center, or the head of any other department, 
     agency, or element of the Federal Government, or other 
     organization within the Executive branch, that is an element 
     of the intelligence community shall respond, in the time 
     specified in subsection (a), to a request described in that 
     subsection from the Chairman or Vice Chairman of the Select 
     Committee on Intelligence of the Senate or the Chairman or 
     Ranking Member of the Permanent Select Committee on 
     Intelligence of the House of Representatives.
       ``(2) Upon making a request covered by paragraph (1)--
       ``(A) the Chairman or Vice Chairman, as the case may be, of 
     the Select Committee on Intelligence of the Senate shall 
     notify the other of the Chairman or Vice Chairman of such 
     request; and
       ``(B) the Chairman or Ranking Member, as the case may be, 
     of the Permanent Select Committee on Intelligence of the 
     House of Representatives shall notify the other of the 
     Chairman or Ranking Member of such request.
       ``(c) Assertion of Privilege.--In response to a request 
     covered by subsection (a) or (b), the Director of National 
     Intelligence, the Director of the National Counterterrorism 
     Center, the Director of a national intelligence center, or 
     the head of any other department, agency, or element of the 
     Federal Government, or other organization within the 
     Executive branch, that is an element of the intelligence 
     community shall provide the document or information covered 
     by such request unless the President certifies that such 
     document or information is not being provided because the 
     President is asserting a privilege pursuant to the 
     Constitution of the United States.''.
       (b) Clerical Amendment.--The table of contents in the first 
     section of that Act is amended by inserting after the item 
     relating to section 507 the following new item:

``Sec. 508. Response of intelligence community to requests from 
              Congress for intelligence documents and information.''.

   TITLE XXII--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY 
                                 SYSTEM

     SEC. 2201. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated for the Central 
     Intelligence Agency Retirement and Disability Fund for fiscal 
     year 2007 the sum of $256,400,000.

  TITLE XXIII--INTELLIGENCE AND GENERAL INTELLIGENCE COMMUNITY MATTERS

     SEC. 2301. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS 
                   AUTHORIZED BY LAW.

       Appropriations authorized by this division for salary, pay, 
     retirement, and other benefits for Federal employees may be 
     increased by such additional or supplemental amounts as may 
     be necessary for increases in such compensation or benefits 
     authorized by law.

[[Page S9166]]

     SEC. 2302. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.

       The authorization of appropriations by this division shall 
     not be deemed to constitute authority for the conduct of any 
     intelligence activity which is not otherwise authorized by 
     the Constitution or the laws of the United States.

     SEC. 2303. CLARIFICATION OF DEFINITION OF INTELLIGENCE 
                   COMMUNITY UNDER THE NATIONAL SECURITY ACT OF 
                   1947.

       Subparagraph (L) of section 3(4) of the National Security 
     Act of 1947 (50 U.S.C. 401a(4)) is amended by striking 
     ``other'' the second place it appears.

     SEC. 2304. IMPROVEMENT OF NOTIFICATION OF CONGRESS REGARDING 
                   INTELLIGENCE ACTIVITIES OF THE UNITED STATES 
                   GOVERNMENT.

       (a) Clarification of Definition of Congressional 
     Intelligence Committees To Include All Members of 
     Committees.--Section 3(7) of the National Security Act of 
     1947 (50 U.S.C. 401a(7)) is amended--
       (1) in subparagraph (A), by inserting ``, and includes each 
     member of the Select Committee'' before the semicolon; and
       (2) in subparagraph (B), by inserting ``, and includes each 
     member of the Permanent Select Committee'' before the period.
       (b) Notice on Information Not Disclosed.--
       (1) In general.--Section 502 of such Act (50 U.S.C. 413a) 
     is amended--
       (A) by redesignating subsections (b) and (c) as subsections 
     (c) and (d), respectively; and
       (B) by inserting after subsection (a) the following new 
     subsection (b):
       ``(b) Notice on Information Not Disclosed.--(1) If the 
     Director of National Intelligence or the head of a 
     department, agency, or other entity of the United States 
     Government does not provide information required by 
     subsection (a) in full or to all the members of the 
     congressional intelligence committees and requests that such 
     information not be provided in full or to all members of the 
     congressional intelligence committees, the Director shall, in 
     a timely fashion--
       ``(A) notify all the members of such committees of the 
     determination not to provide such information in full or to 
     all members of such committees, as the case may be, including 
     a statement of the reasons for such determination; and
       ``(B) submit, in writing, to all the members of such 
     committees a summary of the intelligence activities covered 
     by such determination that provides sufficient information to 
     permit such members to assess the legality, benefits, costs, 
     and advisability of such activities.
       ``(2) Nothing in this subsection shall be construed as 
     authorizing less than full and current disclosure to all the 
     members of the Select Committee on Intelligence of the Senate 
     and the Permanent Select Committee on Intelligence of the 
     House of Representatives of any information necessary to keep 
     all the members of such committees fully and currently 
     informed on all intelligence activities covered by this 
     section.''.
       (2) Conforming amendment.--Subsection (d) of such section, 
     as redesignated by paragraph (1)(A) of this subsection, is 
     amended by striking ``subsection (b)'' and inserting 
     ``subsections (b) and (c)''.
       (c) Reports and Notice on Covert Actions.--
       (1) Form and content of certain reports.--Subsection (b) of 
     section 503 of such Act (50 U.S.C. 413b) is amended--
       (A) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B), respectively;
       (B) by inserting ``(1)'' after ``(b)''; and
       (C) by adding at the end the following new paragraph:
       ``(2) Any report relating to a covert action that is 
     submitted to the congressional intelligence committees for 
     the purposes of paragraph (1) shall be in writing, and shall 
     contain the following:
       ``(A) A concise statement of any facts pertinent to such 
     report.
       ``(B) An explanation of the significance of the covert 
     action covered by such report.''.
       (2) Notice on information not disclosed.--Subsection (c) of 
     such section is amended by adding at the end the following 
     new paragraph:
       ``(5) If the Director of National Intelligence or the head 
     of a department, agency, or other entity of the United States 
     Government does not provide information required by 
     subsection (b)(2) in full or to all the members of the 
     congressional intelligence committees, and requests that such 
     information not be provided in full or to all members of the 
     congressional intelligence committees, for the reason 
     specified in paragraph (2), the Director shall, in a timely 
     fashion--
       ``(A) notify all the members of such committees of the 
     determination not to provide such information in full or to 
     all members of such committees, as the case may be, including 
     a statement of the reasons for such determination; and
       ``(B) submit, in writing, to all the members of such 
     committees a summary of the covert action covered by such 
     determination that provides sufficient information to permit 
     such members to assess the legality, benefits, costs, and 
     advisability of such covert action.''.
       (3) Modification of nature of change of covert action 
     triggering notice requirements.--Subsection (d) of such 
     section is amended by striking ``significant'' the first 
     place it appears.

     SEC. 2305. DELEGATION OF AUTHORITY FOR TRAVEL ON COMMON 
                   CARRIERS FOR INTELLIGENCE COLLECTION PERSONNEL.

       (a) Delegation of Authority.--Section 116(b) of the 
     National Security Act of 1947 (50 U.S.C. 404k(b)) is 
     amended--
       (1) by inserting ``(1)'' before ``The Director'';
       (2) in paragraph (1), by striking ``may only delegate'' and 
     all that follows and inserting ``may delegate the authority 
     in subsection (a) to the head of any other element of the 
     intelligence community.''; and
       (3) by adding at the end the following new paragraph:
       ``(2) The head of an element of the intelligence community 
     to whom the authority in subsection (a) is delegated pursuant 
     to paragraph (1) may further delegate such authority to such 
     senior officials of such element as are specified in 
     guidelines prescribed by the Director of National 
     Intelligence for purposes of this paragraph.''.
       (b) Submittal of Guidelines to Congress.--Not later than 
     six months after the date of the enactment of this Act, the 
     Director of National Intelligence shall prescribe and submit 
     to the congressional intelligence committees the guidelines 
     referred to in paragraph (2) of section 116(b) of the 
     National Security Act of 1947, as added by subsection (a).
       (c) Congressional Intelligence Committees Defined.--In this 
     section, the term ``congressional intelligence committees'' 
     means--
       (1) the Select Committee on Intelligence of the Senate; and
       (2) the Permanent Select Committee on Intelligence of the 
     House of Representatives.

     SEC. 2306. MODIFICATION OF AVAILABILITY OF FUNDS FOR 
                   DIFFERENT INTELLIGENCE ACTIVITIES.

       Subparagraph (B) of section 504(a)(3) of the National 
     Security Act of 1947 (50 U.S.C. 414(a)(3)) is amended to read 
     as follows:
       ``(B) the use of such funds for such activity supports an 
     emergent need, improves program effectiveness, or increases 
     efficiency; and''.

     SEC. 2307. ADDITIONAL LIMITATION ON AVAILABILITY OF FUNDS FOR 
                   INTELLIGENCE AND INTELLIGENCE-RELATED 
                   ACTIVITIES.

       Section 504 of the National Security Act of 1947 (50 U.S.C. 
     414) is amended--
       (1) in subsection (a), by inserting ``the congressional 
     intelligence committees have been fully and currently 
     informed of such activity and if'' after ``only if'';
       (2) by redesignating subsections (b), (c), (d), and (e) as 
     subsections (c), (d), (e), and (f), respectively; and
       (3) by inserting after subsection (a) the following new 
     subsection (b):
       ``(b) In any case in which notice to the congressional 
     intelligence committees on an intelligence or intelligence-
     related activity is covered by section 502(b), or in which 
     notice to the congressional intelligence committees on a 
     covert action is covered by section 503(c)(5), the 
     congressional intelligence committees shall be treated as 
     being fully and currently informed on such activity or covert 
     action, as the case may be, for purposes of subsection (a) if 
     the requirements of such section 502(b) or 503(c)(5), as 
     applicable, have been met.''.

     SEC. 2308. INCREASE IN PENALTIES FOR DISCLOSURE OF UNDERCOVER 
                   INTELLIGENCE OFFICERS AND AGENTS.

       (a) Disclosure of Agent After Access to Information 
     Identifying Agent.--Subsection (a) of section 601 of the 
     National Security Act of 1947 (50 U.S.C. 421) is amended by 
     striking ``ten years'' and inserting ``15 years''.
       (b) Disclosure of Agent After Access to Classified 
     Information.--Subsection (b) of such section is amended by 
     striking ``five years'' and inserting ``ten years''.

     SEC. 2309. RETENTION AND USE OF AMOUNTS PAID AS DEBTS TO 
                   ELEMENTS OF THE INTELLIGENCE COMMUNITY.

       (a) In General.--Title XI of the National Security Act of 
     1947 (50 U.S.C. 442 et seq.) is amended by adding at the end 
     the following new section:


    ``RETENTION AND USE OF AMOUNTS PAID AS DEBTS TO ELEMENTS OF THE 
                         INTELLIGENCE COMMUNITY

       ``Sec. 1103.  (a) Authority To Retain Amounts Paid.--
     Notwithstanding section 3302 of title 31, United States Code, 
     or any other provision of law, the head of an element of the 
     intelligence community may retain amounts paid or reimbursed 
     to the United States, including amounts paid by an employee 
     of the Federal Government from personal funds, for repayment 
     of a debt owed to the element of the intelligence community.
       ``(b) Crediting of Amounts Retained.--(1) Amounts retained 
     under subsection (a) shall be credited to the current 
     appropriation or account from which such funds were derived 
     or whose expenditure formed the basis for the underlying 
     activity from which the debt concerned arose.
       ``(2) Amounts credited to an appropriation or account under 
     paragraph (1) shall be merged with amounts in such 
     appropriation or account, and shall be available in 
     accordance with subsection (c).
       ``(c) Availability of Amounts.--Amounts credited to an 
     appropriation or account under subsection (b) with respect to 
     a debt owed to an element of the intelligence community shall 
     be available to the head of such element, for such time as is 
     applicable to amounts in such appropriation or account, or 
     such longer time as may be provided by law, for purposes as 
     follows:

[[Page S9167]]

       ``(1) In the case of a debt arising from lost or damaged 
     property of such element, the repair of such property or the 
     replacement of such property with alternative property that 
     will perform the same or similar functions as such property.
       ``(2) The funding of any other activities authorized to be 
     funded by such appropriation or account.
       ``(d) Debt Owed to an Element of the Intelligence Community 
     Defined.--In this section, the term `debt owed to an element 
     of the intelligence community' means any of the following:
       ``(1) A debt owed to an element of the intelligence 
     community by an employee or former employee of such element 
     for the negligent or willful loss of or damage to property of 
     such element that was procured by such element using 
     appropriated funds.
       ``(2) A debt owed to an element of the intelligence 
     community by an employee or former employee of such element 
     as repayment for default on the terms and conditions 
     associated with a scholarship, fellowship, or other 
     educational assistance provided to such individual by such 
     element, whether in exchange for future services or 
     otherwise, using appropriated funds.
       ``(3) Any other debt or repayment owed to an element of the 
     intelligence community by a private person or entity by 
     reason of the negligent or willful action of such person or 
     entity, as determined by a court of competent jurisdiction or 
     in a lawful administrative proceeding.''.
       (b) Clerical Amendment.--The table of contents in the first 
     section of that Act is amended by adding at the end the 
     following new item:

``Sec. 1103. Retention and use of amounts paid as debts to elements of 
              the intelligence community.''.

     SEC. 2310. PILOT PROGRAM ON DISCLOSURE OF RECORDS UNDER THE 
                   PRIVACY ACT RELATING TO CERTAIN INTELLIGENCE 
                   ACTIVITIES.

       (a) In General.--Subsection (b) of section 552a of title 5, 
     United States Code, is amended--
       (1) in paragraph (11), by striking ``or'' at the end;
       (2) in paragraph (12), by striking the period and inserting 
     ``; or''; and
       (3) by adding at the end the following new paragraph:
       ``(13) to an element of the intelligence community set 
     forth in or designated under section 3(4) of the National 
     Security Act of 1947 (50 U.S.C. 401a(4))--
       ``(A) by another element of the intelligence community that 
     maintains the record, if the record is relevant to a lawful 
     and authorized foreign intelligence or counterintelligence 
     activity conducted by the receiving element of the 
     intelligence community and pertains to an identifiable 
     individual or, upon the authorization of the Director of 
     National Intelligence (or a designee of the Director in a 
     position not lower than Deputy Director of National 
     Intelligence), other than an identifiable individual; or
       ``(B) by any other agency that maintains the record, if--
       ``(i) the head of the element of the intelligence community 
     makes a written request to that agency specifying the 
     particular portion of the record that is relevant to a lawful 
     and authorized activity of the element of the intelligence 
     community to protect against international terrorism or the 
     proliferation of weapons of mass destruction; or
       ``(ii) the head of that agency determines that--

       ``(I) the record, or particular portion thereof, 
     constitutes terrorism information (as that term is defined in 
     section 1016(a)(4) of the National Security Intelligence 
     Reform Act of 2004 (title I of Public Law 108-458)) or 
     information concerning the proliferation of weapons of mass 
     destruction; and
       ``(II) the disclosure of the record, or particular portion 
     thereof, will be to an element of the intelligence community 
     authorized to collect and analyze foreign intelligence or 
     counterintelligence information related to international 
     terrorism or the proliferation of weapons of mass 
     destruction.''.

       (b) Exemption From Certain Privacy Act Requirements for 
     Record Access and Accounting for Disclosures.--Elements of 
     the intelligence community set forth in or designated under 
     section 3(4) of the National Security Act of 1947 (50 U.S.C. 
     401a(4)) receiving a disclosure under subsection (b)(13) of 
     section 552a of title 5, United States Code, shall not be 
     required to comply with subsection (c)(3), (c)(4), or (d) of 
     such section 552a with respect to such disclosure, or the 
     records, or portions thereof, disclosed under subsection 
     (b)(13) of such section 552a.
       (c) Consultation on Determinations of Information Type.--
     Such section is further amended by adding at the end the 
     following new subsection:
       ``(w) Authority To Consult on Determinations of Information 
     Type.--When determining for purposes of subsection 
     (b)(13)(B)(ii) whether a record constitutes terrorism 
     information (as that term is defined in section 1016(a)(4)) 
     of the National Security Intelligence Reform Act of 2004 
     (title I of Public Law 108-458; 118 Stat. 3665)) or 
     information concerning the proliferation of weapons of mass 
     destruction, the head of an agency may consult with the 
     Director of National Intelligence or the Attorney General.''.
       (d) Construction.--Nothing in the amendments made by this 
     section shall be deemed to constitute authority for the 
     receipt, collection, or retention of information unless the 
     receipt, collection, or retention of such information by the 
     element of the intelligence community concerned is otherwise 
     authorized by the Constitution, laws, or Executive orders of 
     the United States.
       (e) Recordkeeping Requirements.--
       (1) Retention of requests.--Any request made by the head of 
     an element of the intelligence community to another 
     department or agency of the Federal Government under 
     paragraph (13)(B)(i) of section 552a(b) of title 5, United 
     States Code (as added by subsection (a)), shall be 
     retained by such element of the intelligence community in 
     a manner consistent with the protection of intelligence 
     sources and methods. Any request so retained should be 
     accompanied by an explanation that supports the assertion 
     of the element of the intelligence community requesting 
     the record that the information was, at the time of 
     request, relevant to a lawful and authorized activity to 
     protect against international terrorism or the 
     proliferation of weapons of mass destruction.
       (2) Access to retained requests.--An element of the 
     intelligence community retaining a request, and any 
     accompanying explanation, under paragraph (1) shall, 
     consistent with the protection of intelligence sources and 
     methods, provide access to such request, and any accompanying 
     explanation, to the following:
       (A) The head of the department or agency of the Federal 
     Government receiving such request, or the designee of the 
     head of such department or agency, if--
       (i) the access of such official to such request, and any 
     accompanying explanation, is consistent with the protection 
     of intelligence sources and methods;
       (ii) such official is appropriately cleared for access to 
     such request, and any accompanying explanation; and
       (iii) the access of such official to such request, and any 
     accompanying explanation, is necessary for the performance of 
     the duties of such official.
       (B) The Select Committee on Intelligence of the Senate or 
     the Permanent Select Committee on Intelligence of the House 
     of Representatives.
       (C) The Inspector General of any element of the 
     intelligence community having jurisdiction over the matter.
       (f) Reports.--
       (1) Annual reports.--Not later than one year after the date 
     of the enactment of this Act, and annually thereafter through 
     the termination of this section and the amendments made by 
     this section under subsection (j), the Director of National 
     Intelligence and the Attorney General, in coordination with 
     the Privacy and Civil Liberties Oversight Board, shall 
     jointly submit to the appropriate committees of Congress a 
     report on the administration of this section and the 
     amendments made by this section.
       (2) Final report.--Not later than six months before the 
     date specified in subsection (j), the Director of National 
     Intelligence and the Attorney General, in coordination with 
     the Privacy and Civil Liberties Oversight Board, shall 
     jointly submit to the appropriate committees of Congress a 
     report on administration of this section and the amendments 
     made by this section. The report shall include the 
     recommendations of the Director and the Attorney General, as 
     they consider appropriate, regarding the continuation in 
     effect of such amendments after such date.
       (3) Review and report by privacy and civil liberties 
     oversight board.--Not later than six months before the date 
     specified in subsection (j), the Privacy and Civil Liberties 
     Oversight Board shall--
       (A) review the administration of the amendments made by 
     this section; and
       (B) in a manner consistent with section 1061(c)(1) of the 
     National Security Intelligence Reform Act of 2004 (title I of 
     Public Law 108-458; 118 Stat. 3684; 5 U.S.C. 601 note), 
     submit to the appropriate committees of Congress a report 
     providing such advice and counsel on the administration of 
     this section and the amendments made by this section as the 
     Board considers appropriate.
       (4) Form of reports.--Each report under this subsection 
     shall, to the maximum extent practicable, be submitted in 
     unclassified form. Any classified annex included with such a 
     report shall be submitted to the Select Committee on 
     Intelligence of the Senate and the Permanent Select Committee 
     on Intelligence of the House of Representatives.
       (g) Guidelines.--
       (1) In general.--Not later than six months after the date 
     of the enactment of this Act, the Attorney General and the 
     Director of National Intelligence shall, in consultation with 
     the Secretary of Defense and other appropriate officials, 
     jointly prescribe guidelines governing the implementation and 
     exercise of the authorities provided in this section and the 
     amendments made by this section.
       (2) Elements.--The guidelines prescribed under paragraph 
     (1) shall--
       (A) ensure that the authorities provided under paragraph 
     (13) of section 552a(b) of title 5, United States Code (as 
     added by subsection (a)), are implemented in a manner that 
     protects the rights under the Constitution of United States 
     persons;
       (B) direct that all applicable policies and procedures 
     governing the receipt, collection, retention, analysis, and 
     dissemination of foreign intelligence information concerning 
     United States persons are appropriately followed; and
       (C) provide that the authorities provided under paragraph 
     (13) of section 552a(b) of title 5, United States Code (as so 
     added), are

[[Page S9168]]

     implemented in a manner consistent with existing laws, 
     regulations, and Executive orders governing the conduct of 
     intelligence activities.
       (3) Form.--The guidelines prescribed under paragraph (1) 
     shall be unclassified, to the maximum extent practicable, but 
     may include a classified annex.
       (4) Submittal to congress.--The guidelines prescribed under 
     paragraph (1) shall be submitted to the appropriate 
     committees of Congress. Any classified annex included with 
     such guidelines shall be submitted to the Select Committee on 
     Intelligence of the Senate and the Permanent Select Committee 
     on Intelligence of the House of Representatives.
       (h) Effective Date.--
       (1) In general.--Except as provided in paragraph (2), this 
     section and the amendments made by this section shall take 
     effect on the date of the issuance of the guidelines required 
     by subsection (g).
       (2) Certain requirements.--Subsections (f) and (g) shall 
     take effect on the date of the enactment of this Act.
       (i) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Homeland Security and Governmental 
     Affairs and the Select Committee on Intelligence of the 
     Senate; and
       (2) the Committee on Government Reform and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives.
       (j) Termination.--This section and the amendments made by 
     this section shall cease to have effect on the date that is 
     three years after the date of the issuance of the guidelines 
     required by subsection (g).

     SEC. 2311. EXTENSION TO INTELLIGENCE COMMUNITY OF AUTHORITY 
                   TO DELETE INFORMATION ABOUT RECEIPT AND 
                   DISPOSITION OF FOREIGN GIFTS AND DECORATIONS.

       Paragraph (4) of section 7342(f) of title 5, United States 
     Code, is amended to read as follows:
       ``(4)(A) In transmitting such listings for an element of 
     the intelligence community, the head of such element may 
     delete the information described in subparagraphs (A) and (C) 
     of paragraphs (2) and (3) if the head of such element 
     certifies in writing to the Secretary of State that the 
     publication of such information could adversely affect United 
     States intelligence sources or methods.
       ``(B) Any information not provided to the Secretary of 
     State pursuant to the authority in subparagraph (A) shall be 
     transmitted to the Director of National Intelligence.
       ``(C) In this paragraph, the term `element of the 
     intelligence community' means an element of the intelligence 
     community listed in or designated under section 3(4) of the 
     National Security Act of 1947 (50 U.S.C. 401a(4)).''.

     SEC. 2312. AVAILABILITY OF FUNDS FOR TRAVEL AND 
                   TRANSPORTATION OF PERSONAL EFFECTS, HOUSEHOLD 
                   GOODS, AND AUTOMOBILES.

       (a) Funds of Office of Director of National Intelligence.--
     Funds appropriated to the Office of the Director of National 
     Intelligence and available for travel and transportation 
     expenses shall be available for such expenses when any part 
     of the travel or transportation concerned begins in a fiscal 
     year pursuant to travel orders issued in such fiscal year, 
     notwithstanding that such travel or transportation is or may 
     not be completed during such fiscal year.
       (b) Funds of Central Intelligence Agency.--Funds 
     appropriated to the Central Intelligence Agency and available 
     for travel and transportation expenses shall be available for 
     such expenses when any part of the travel or transportation 
     concerned begins in a fiscal year pursuant to travel orders 
     issued in such fiscal year, notwithstanding that such travel 
     or transportation is or may not be completed during such 
     fiscal year.
       (c) Travel and Transportation Expenses Defined.--In this 
     section, the term ``travel and transportation expenses'' 
     means the following:
       (1) Expenses in connection with travel of personnel, 
     including travel of dependents.
       (2) Expenses in connection with transportation of personal 
     effects, household goods, or automobiles of personnel.

     SEC. 2313. DIRECTOR OF NATIONAL INTELLIGENCE REPORT ON 
                   COMPLIANCE WITH THE DETAINEE TREATMENT ACT OF 
                   2005.

       (a) Report Required.--Not later than 180 days after the 
     date of the enactment of this Act, the Director of National 
     Intelligence shall submit to the congressional intelligence 
     committees a comprehensive report on all measures taken by 
     the Office of the Director of National Intelligence and by 
     each element, if any, of the intelligence community with 
     relevant responsibilities to comply with the provisions of 
     the Detainee Treatment Act of 2005 (title X of division A of 
     Public Law 109-148).
       (b) Elements.--The report required by subsection (a) shall 
     include the following:
       (1) A description of the detention or interrogation 
     methods, if any, that have been determined to comply with 
     section 1003 of the Detainee Treatment Act of 2005 (119 Stat. 
     2739; 42 U.S.C. 2000dd), and, with respect to each such 
     method--
       (A) an identification of the official making such 
     determination; and
       (B) a statement of the basis for such determination.
       (2) A description of the detention or interrogation 
     methods, if any, whose use has been discontinued pursuant to 
     the Detainee Treatment Act of 2005, and, with respect to each 
     such method--
       (A) an identification of the official making the 
     determination to discontinue such method; and
       (B) a statement of the basis for such determination.
       (3) A description of any actions that have been taken to 
     implement section 1004 of the Detainee Treatment Act of 2005 
     (119 Stat. 2740; 42 U.S.C. 2000dd-1), and, with respect to 
     each such action--
       (A) an identification of the official taking such action; 
     and
       (B) a statement of the basis for such action.
       (4) Any other matters that the Director considers necessary 
     to fully and currently inform the congressional intelligence 
     committees about the implementation of the Detainee Treatment 
     Act of 2005.
       (5) An appendix containing--
       (A) all guidelines for the application of the Detainee 
     Treatment Act of 2005 to the detention or interrogation 
     activities, if any, of any element of the intelligence 
     community; and
       (B) all legal opinions of any office or official of the 
     Department of Justice about the meaning or application of 
     Detainee Treatment Act of 2005 with respect to the detention 
     or interrogation activities, if any, of any element of the 
     intelligence community.
       (c) Form.--The report required by subsection (a) shall be 
     submitted in classified form.
       (d) Definitions.--In this section:
       (1) The term ``congressional intelligence committees'' 
     means--
       (A) the Select Committee on Intelligence of the Senate; and
       (B) the Permanent Select Committee of the House of 
     Representatives.
       (2) The term ``intelligence community'' means the elements 
     of the intelligence community specified in or designated 
     under section 3(4) of the National Security Act of 1947 (50 
     U.S.C. 401a(4)).

     SEC. 2314. REPORT ON ALLEGED CLANDESTINE DETENTION FACILITIES 
                   FOR INDIVIDUALS CAPTURED IN THE GLOBAL WAR ON 
                   TERRORISM.

       (a) In General.--The President shall ensure that the United 
     States Government continues to comply with the authorization, 
     reporting, and notification requirements of title V of the 
     National Security Act of 1947 (50 U.S.C. 413 et seq.).
       (b) Director of National Intelligence Report.--
       (1) Report required.--Not later than 60 days after the date 
     of the enactment of this Act, the Director of National 
     Intelligence shall provide to the members of the Select 
     Committee on Intelligence of the Senate and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives a detailed report setting forth the nature 
     and cost of, and otherwise providing a full accounting on, 
     any clandestine prison or detention facility currently or 
     formerly operated by the United States Government, regardless 
     of location, where detainees in the global war on terrorism 
     are or were being held.
       (2) Elements.--The report required by paragraph (1) shall 
     set forth, for each prison or facility, if any, covered by 
     such report, the following:
       (A) The location and size of such prison or facility.
       (B) If such prison or facility is no longer being operated 
     by the United States Government, the disposition of such 
     prison or facility.
       (C) The number of detainees currently held or formerly 
     held, as the case may be, at such prison or facility.
       (D) Any plans for the ultimate disposition of any detainees 
     currently held at such prison or facility.
       (E) A description of the interrogation procedures used or 
     formerly used on detainees at such prison or facility and a 
     determination, in coordination with other appropriate 
     officials, on whether such procedures are or were in 
     compliance with United States obligations under the Geneva 
     Conventions and the Convention Against Torture.
       (3) Form of report.--The report required by paragraph (1) 
     shall be submitted in classified form.

     SEC. 2315. SENSE OF CONGRESS ON ELECTRONIC SURVEILLANCE.

       (a) Findings.--Congress makes the following findings:
       (1) United States government authorities should have the 
     legal authority to engage in electronic surveillance of any 
     telephone conversation in which one party is reasonably 
     believed to be a member or agent of a terrorist organization.
       (2) Absent emergency or other appropriate circumstances, 
     domestic electronic surveillance should be subject to 
     judicial review in order to protect the privacy of law 
     abiding Americans with no ties to terrorism.
       (3) The Foreign Intelligence Surveillance Act of 1978 
     (FISA) authorizes the President to obtain a warrant for the 
     electronic surveillance of any telephone conversation in 
     which one party is reasonably believed to be a member or 
     agent of a terrorist organization. That Act also establishes 
     procedures for engaging in electronic surveillance without a 
     warrant on a temporary basis when emergency circumstances 
     make obtaining a warrant impractical.
       (4) During the quarter century since the enactment of the 
     Foreign Intelligence Surveillance Act of 1978, the Foreign 
     Intelligence Surveillance Court has issued a warrant for 
     electronic surveillance in response

[[Page S9169]]

     to all but 5 of the approximately 19,000 applications for 
     such a warrant.
       (5) Congress has amended the Foreign Intelligence 
     Surveillance Act of 1978 numerous times, including six times 
     since September 11, 2001, to streamline the procedures for 
     obtaining a warrant from the Foreign Intelligence 
     Surveillance Court.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the Select Committee on Intelligence of the Senate and 
     the Permanent Select Committee on Intelligence of the House 
     of Representatives must be fully briefed on the history, 
     operation, and usefulness of the warrantless wiretapping 
     program carried out by the National Security Agency;
       (2) Congress should modify the Foreign Intelligence 
     Surveillance Act of 1978 as needed to ensure that the 
     government may engage in electronic surveillance of telephone 
     conversations in which one party is reasonably believed to be 
     a member or agent of a terrorist organization;
       (3) the requirement that the government must, absent 
     emergency or other appropriate circumstances, obtain a 
     judicial warrant prior to engaging in electronic surveillance 
     of a United States person should remain in place to protect 
     the privacy of law abiding Americans with no ties to 
     terrorism; and
       (4) the President is not above the law and must abide by 
     congressionally-enacted procedures for engaging in electronic 
     surveillance.

 TITLE XXIV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY

      Subtitle A--Office of the Director of National Intelligence

     SEC. 2401. ADDITIONAL AUTHORITIES OF THE DIRECTOR OF NATIONAL 
                   INTELLIGENCE ON INTELLIGENCE INFORMATION 
                   SHARING.

       Section 102A(g)(1) of the National Security Act of 1947 (50 
     U.S.C. 403-1(g)(1)) is amended--
       (1) in subparagraph (E), by striking ``and'' at the end;
       (2) in subparagraph (F), by striking the period and 
     inserting a semicolon; and
       (3) by adding at the end the following the following new 
     subparagraphs:
       ``(G) in carrying out this subsection, have the authority--
       ``(i) to direct the development, deployment, and 
     utilization of systems of common concern for elements of the 
     intelligence community, or that support the activities of 
     such elements, related to the collection, processing, 
     analysis, exploitation, and dissemination of intelligence 
     information; and
       ``(ii) without regard to any provision of law relating to 
     the transfer, reprogramming, obligation, or expenditure of 
     funds, other than the provisions of this Act and the National 
     Security Intelligence Reform Act of 2004 (title I of Public 
     Law 108-458), to expend funds for purposes associated with 
     the development, deployment, and utilization of such systems, 
     which funds may be received and utilized by any department, 
     agency, or other element of the United States Government for 
     such purposes; and
       ``(H) for purposes of addressing critical gaps in 
     intelligence information sharing or access capabilities, have 
     the authority to transfer funds appropriated for a program 
     within the National Intelligence Program to a program funded 
     by appropriations not within the National Intelligence 
     Program, consistent with paragraphs (3) through (7) of 
     subsection (d).''.

     SEC. 2402. MODIFICATION OF LIMITATION ON DELEGATION BY THE 
                   DIRECTOR OF NATIONAL INTELLIGENCE OF THE 
                   PROTECTION OF INTELLIGENCE SOURCES AND METHODS.

       Section 102A(i)(3) of the National Security Act of 1947 (50 
     U.S.C. 403-1(i)(3)) is amended by inserting before the period 
     the following: ``, any Deputy Director of National 
     Intelligence, or the Chief Information Officer of the 
     Intelligence Community''.

     SEC. 2403. AUTHORITY OF THE DIRECTOR OF NATIONAL INTELLIGENCE 
                   TO MANAGE ACCESS TO HUMAN INTELLIGENCE 
                   INFORMATION.

       Section 102A(b) of the National Security Act of 1947 (50 
     U.S.C. 403-1(b)) is amended--
       (1) by inserting ``(1)'' before ``Unless''; and
       (2) by adding at the end the following new paragraph:
       ``(2) The Director of National Intelligence shall--
       ``(A) have access to all national intelligence, including 
     intelligence reports, operational data, and other associated 
     information, concerning the human intelligence operations of 
     any element of the intelligence community authorized to 
     undertake such collection;
       ``(B) consistent with the protection of intelligence 
     sources and methods and applicable requirements in Executive 
     Order 12333 (or any successor order) regarding the retention 
     and dissemination of information concerning United States 
     persons, ensure maximum access to the intelligence 
     information contained in the information referred to in 
     subparagraph (A) throughout the intelligence community; and
       ``(C) consistent with subparagraph (B), provide within the 
     Office of the Director of National Intelligence a mechanism 
     for intelligence community analysts and other officers with 
     appropriate clearances and an official need-to-know to gain 
     access to information referred to in subparagraph (A) or (B) 
     when relevant to their official responsibilities.''.

     SEC. 2404. ADDITIONAL ADMINISTRATIVE AUTHORITY OF THE 
                   DIRECTOR OF NATIONAL INTELLIGENCE.

       Section 102A of the National Security Act of 1947 (50 
     U.S.C. 403-1) is amended by adding at the end the following 
     new subsection:
       ``(s) Additional Administrative Authorities.--(1) 
     Notwithstanding section 1532 of title 31, United States Code, 
     or any other provision of law prohibiting the interagency 
     financing of activities described in clause (i) or (ii) of 
     subparagraph (A), in the performance of the responsibilities, 
     authorities, and duties of the Director of National 
     Intelligence or the Office of the Director of National 
     Intelligence--
       ``(A) the Director may authorize the use of interagency 
     financing for--
       ``(i) national intelligence centers established by the 
     Director under section 119B; and
       ``(ii) boards, commissions, councils, committees, and 
     similar groups established by the Director; and
       ``(B) upon the authorization of the Director, any 
     department, agency, or element of the United States 
     Government, including any element of the intelligence 
     community, may fund or participate in the funding of such 
     activities.
       ``(2) No provision of law enacted after the date of the 
     enactment of this subsection shall be deemed to limit or 
     supersede the authority in paragraph (1) unless such 
     provision makes specific reference to the authority in that 
     paragraph.''.

     SEC. 2405. CLARIFICATION OF LIMITATION ON CO-LOCATION OF THE 
                   OFFICE OF THE DIRECTOR OF NATIONAL 
                   INTELLIGENCE.

       Section 103(e) of the National Security Act of 1947 (50 
     U.S.C. 403-3(e)) is amended--
       (1) by striking ``WITH'' and inserting ``OF HEADQUARTERS 
     WITH HEADQUARTERS OF'';
       (2) by inserting ``the headquarters of'' before ``the 
     Office''; and
       (3) by striking ``any other element'' and inserting ``the 
     headquarters of any other element''.

     SEC. 2406. ADDITIONAL DUTIES OF THE DIRECTOR OF SCIENCE AND 
                   TECHNOLOGY OF THE OFFICE OF THE DIRECTOR OF 
                   NATIONAL INTELLIGENCE.

       (a) Coordination and Prioritization of Research Conducted 
     by Elements of Intelligence Community.--Subsection (d) of 
     section 103E of the National Security Act of 1947 (50 U.S.C. 
     403-3e) is amended--
       (1) in paragraph (3)(A), by inserting ``and prioritize'' 
     after ``coordinate''; and
       (2) by adding at the end the following new paragraph:
       ``(4) In carrying out paragraph (3)(A), the Committee shall 
     identify basic, advanced, and applied research programs to be 
     carried out by elements of the intelligence community.''.
       (b) Development of Technology Goals.--That section is 
     further amended--
       (1) in subsection (c)--
       (A) in paragraph (4), by striking ``and'' at the end;
       (B) by redesignating paragraph (5) as paragraph (8); and
       (C) by inserting after paragraph (4) the following new 
     paragraphs:
       ``(5) assist the Director in establishing goals for the 
     elements of the intelligence community to meet the technology 
     needs of the intelligence community;
       ``(6) under the direction of the Director, establish 
     engineering standards and specifications applicable to each 
     acquisition of a major system (as that term is defined in 
     section 506A(e)(3)) by the intelligence community;
       ``(7) ensure that each acquisition program of the 
     intelligence community for a major system (as so defined) 
     complies with the standards and specifications established 
     under paragraph (6); and''; and
       (2) by adding at the end the following new subsection:
       ``(e) Goals for Technology Needs of Intelligence 
     Community.--In carrying out subsection (c)(5), the Director 
     of Science and Technology shall--
       ``(1) systematically identify and assess the most 
     significant intelligence challenges that require technical 
     solutions;
       ``(2) examine options to enhance the responsiveness of 
     research and design programs of the elements of the 
     intelligence community to meet the requirements of the 
     intelligence community for timely support; and
       ``(3) assist the Director of National Intelligence in 
     establishing research and development priorities and projects 
     for the intelligence community that--
       ``(A) are consistent with current or future national 
     intelligence requirements;
       ``(B) address deficiencies or gaps in the collection, 
     processing, analysis, or dissemination of national 
     intelligence;
       ``(C) take into account funding constraints in program 
     development and acquisition; and
       ``(D) address system requirements from collection to final 
     dissemination (also known as `end-to-end architecture').''.
       (c) Report.--(1) Not later than June 30, 2007, the Director 
     of National Intelligence shall submit to Congress a report 
     containing a strategy for the development and use of 
     technology in the intelligence community through 2021.
       (2) The report shall include--
       (A) an assessment of the highest priority intelligence gaps 
     across the intelligence community that may be resolved by the 
     use of technology;

[[Page S9170]]

       (B) goals for advanced research and development and a 
     strategy to achieve such goals;
       (C) an explanation of how each advanced research and 
     development project funded under the National Intelligence 
     Program addresses an identified intelligence gap;
       (D) a list of all current and projected research and 
     development projects by research type (basic, advanced, or 
     applied) with estimated funding levels, estimated initiation 
     dates, and estimated completion dates; and
       (E) a plan to incorporate technology from research and 
     development projects into National Intelligence Program 
     acquisition programs.
       (3) The report may be submitted in classified form.

     SEC. 2407. APPOINTMENT AND TITLE OF CHIEF INFORMATION OFFICER 
                   OF THE INTELLIGENCE COMMUNITY.

       (a) Appointment.--
       (1) In general.--Subsection (a) of section 103G of the 
     National Security Act of 1947 (50 U.S.C. 403-3g) is amended 
     by striking ``the President, by and with the advice and 
     consent of the Senate'' and inserting ``the Director of 
     National Intelligence''.
       (2) Applicability.--The amendment made by paragraph (1) 
     shall take effect on the date of the enactment of this Act, 
     and shall apply with respect to any appointment of an 
     individual as Chief Information Officer of the Intelligence 
     Community that is made on or after that date.
       (b) Title.--Such section is further amended--
       (1) in subsection (a), by inserting ``of the Intelligence 
     Community'' after ``Chief Information Officer'';
       (2) in subsection (b), by inserting ``of the Intelligence 
     Community'' after ``Chief Information Officer'';
       (3) in subsection (c), by inserting ``of the Intelligence 
     Community'' after ``Chief Information Officer''; and
       (4) in subsection (d), by inserting ``of the Intelligence 
     Community'' after ``Chief Information Officer'' the first 
     place it appears.

     SEC. 2408. INSPECTOR GENERAL OF THE INTELLIGENCE COMMUNITY.

       (a) Establishment.--(1) Title I of the National Security 
     Act of 1947 (50 U.S.C. 402 et seq.) is amended by inserting 
     after section 103G the following new section:


           ``INSPECTOR GENERAL OF THE INTELLIGENCE COMMUNITY

       ``Sec. 103H.  (a) Office of Inspector General of 
     Intelligence Community.--There is within the Office of the 
     Director of National Intelligence an Office of the Inspector 
     General of the Intelligence Community.
       ``(b) Purpose.--The purpose of the Office of the Inspector 
     General of the Intelligence Community is to--
       ``(1) create an objective and effective office, 
     appropriately accountable to Congress, to initiate and 
     conduct independently investigations, inspections, and audits 
     relating to--
       ``(A) the programs and operations of the intelligence 
     community;
       ``(B) the elements of the intelligence community within the 
     National Intelligence Program; and
       ``(C) the relationships between the elements of the 
     intelligence community within the National Intelligence 
     Program and the other elements of the intelligence community;
       ``(2) recommend policies designed--
       ``(A) to promote economy, efficiency, and effectiveness in 
     the administration and implementation of such programs and 
     operations, and in such relationships; and
       ``(B) to prevent and detect fraud and abuse in such 
     programs, operations, and relationships;
       ``(3) provide a means for keeping the Director of National 
     Intelligence fully and currently informed about--
       ``(A) problems and deficiencies relating to the 
     administration and implementation of such programs and 
     operations, and to such relationships; and
       ``(B) the necessity for, and the progress of, corrective 
     actions; and
       ``(4) in the manner prescribed by this section, ensure that 
     the congressional intelligence committees are kept similarly 
     informed of--
       ``(A) significant problems and deficiencies relating to the 
     administration and implementation of such programs and 
     operations, and to such relationships; and
       ``(B) the necessity for, and the progress of, corrective 
     actions.
       ``(c) Inspector General of Intelligence Community.--(1) 
     There is an Inspector General of the Intelligence Community, 
     who shall be the head of the Office of the Inspector General 
     of the Intelligence Community, who shall be appointed by the 
     President, by and with the advice and consent of the Senate.
       ``(2) The nomination of an individual for appointment as 
     Inspector General shall be made--
       ``(A) without regard to political affiliation;
       ``(B) solely on the basis of integrity, compliance with the 
     security standards of the intelligence community, and prior 
     experience in the field of intelligence or national security; 
     and
       ``(C) on the basis of demonstrated ability in accounting, 
     financial analysis, law, management analysis, public 
     administration, or auditing.
       ``(3) The Inspector General shall report directly to and be 
     under the general supervision of the Director of National 
     Intelligence.
       ``(4) The Inspector General may be removed from office only 
     by the President. The President shall immediately communicate 
     in writing to the congressional intelligence committees the 
     reasons for the removal of any individual from the position 
     of Inspector General.
       ``(d) Duties and Responsibilities.--Subject to subsections 
     (g) and (h), it shall be the duty and responsibility of the 
     Inspector General of the Intelligence Community--
       ``(1) to provide policy direction for, and to plan, 
     conduct, supervise, and coordinate independently, the 
     investigations, inspections, and audits relating to the 
     programs and operations of the intelligence community, the 
     elements of the intelligence community within the National 
     Intelligence Program, and the relationships between the 
     elements of the intelligence community within the National 
     Intelligence Program and the other elements of the 
     intelligence community to ensure they are conducted 
     efficiently and in accordance with applicable law and 
     regulations;
       ``(2) to keep the Director of National Intelligence fully 
     and currently informed concerning violations of law and 
     regulations, violations of civil liberties and privacy, and 
     fraud and other serious problems, abuses, and deficiencies 
     that may occur in such programs and operations, and in such 
     relationships, and to report the progress made in 
     implementing corrective action;
       ``(3) to take due regard for the protection of intelligence 
     sources and methods in the preparation of all reports issued 
     by the Inspector General, and, to the extent consistent with 
     the purpose and objective of such reports, take such measures 
     as may be appropriate to minimize the disclosure of 
     intelligence sources and methods described in such reports; 
     and
       ``(4) in the execution of the duties and responsibilities 
     under this section, to comply with generally accepted 
     government auditing standards.
       ``(e) Limitations on Activities.--(1) The Director of 
     National Intelligence may prohibit the Inspector General of 
     the Intelligence Community from initiating, carrying out, or 
     completing any investigation, inspection, or audit if the 
     Director determines that such prohibition is necessary to 
     protect vital national security interests of the United 
     States.
       ``(2) If the Director exercises the authority under 
     paragraph (1), the Director shall submit an appropriately 
     classified statement of the reasons for the exercise of such 
     authority within 7 days to the congressional intelligence 
     committees.
       ``(3) The Director shall advise the Inspector General at 
     the time a report under paragraph (2) is submitted, and, to 
     the extent consistent with the protection of intelligence 
     sources and methods, provide the Inspector General with a 
     copy of such report.
       ``(4) The Inspector General may submit to the congressional 
     intelligence committees any comments on a report of which the 
     Inspector General has notice under paragraph (3) that the 
     Inspector General considers appropriate.
       ``(f) Authorities.--(1) The Inspector General of the 
     Intelligence Community shall have direct and prompt access to 
     the Director of National Intelligence when necessary for any 
     purpose pertaining to the performance of the duties of the 
     Inspector General.
       ``(2)(A) The Inspector General shall have access to any 
     employee, or any employee of a contractor, of any element of 
     the intelligence community whose testimony is needed for the 
     performance of the duties of the Inspector General.
       ``(B) The Inspector General shall have direct access to all 
     records, reports, audits, reviews, documents, papers, 
     recommendations, or other material which relate to the 
     programs and operations with respect to which the Inspector 
     General has responsibilities under this section.
       ``(C) The level of classification or compartmentation of 
     information shall not, in and of itself, provide a sufficient 
     rationale for denying the Inspector General access to any 
     materials under subparagraph (B).
       ``(D) Failure on the part of any employee, or any employee 
     of a contractor, of any element of the intelligence community 
     to cooperate with the Inspector General shall be grounds for 
     appropriate administrative actions by the Director or, on the 
     recommendation of the Director, other appropriate officials 
     of the intelligence community, including loss of employment 
     or the termination of an existing contractual relationship.
       ``(3) The Inspector General is authorized to receive and 
     investigate complaints or information from any person 
     concerning the existence of an activity constituting a 
     violation of laws, rules, or regulations, or mismanagement, 
     gross waste of funds, abuse of authority, or a substantial 
     and specific danger to the public health and safety. Once 
     such complaint or information has been received from an 
     employee of the Federal Government--
       ``(A) the Inspector General shall not disclose the identity 
     of the employee without the consent of the employee, unless 
     the Inspector General determines that such disclosure is 
     unavoidable during the course of the investigation or the 
     disclosure is made to an official of the Department of 
     Justice responsible for determining whether a prosecution 
     should be undertaken; and
       ``(B) no action constituting a reprisal, or threat of 
     reprisal, for making such complaint may be taken by any 
     employee in a position to take such actions, unless the

[[Page S9171]]

     complaint was made or the information was disclosed with the 
     knowledge that it was false or with willful disregard for its 
     truth or falsity.
       ``(4) The Inspector General shall have authority to 
     administer to or take from any person an oath, affirmation, 
     or affidavit, whenever necessary in the performance of the 
     duties of the Inspector General, which oath, affirmation, or 
     affidavit when administered or taken by or before an employee 
     of the Office of the Inspector General of the Intelligence 
     Community designated by the Inspector General shall have the 
     same force and effect as if administered or taken by or 
     before an officer having a seal.
       ``(5)(A) Except as provided in subparagraph (B), the 
     Inspector General is authorized to require by subpoena the 
     production of all information, documents, reports, answers, 
     records, accounts, papers, and other data and documentary 
     evidence necessary in the performance of the duties and 
     responsibilities of the Inspector General.
       ``(B) In the case of departments, agencies, and other 
     elements of the United States Government, the Inspector 
     General shall obtain information, documents, reports, 
     answers, records, accounts, papers, and other data and 
     evidence for the purpose specified in subparagraph (A) using 
     procedures other than by subpoenas.
       ``(C) The Inspector General may not issue a subpoena for or 
     on behalf of any other element of the intelligence community, 
     including the Office of the Director of National 
     Intelligence.
       ``(D) In the case of contumacy or refusal to obey a 
     subpoena issued under this paragraph, the subpoena shall be 
     enforceable by order of any appropriate district court of the 
     United States.
       ``(g) Coordination Among Inspectors General of Intelligence 
     Community.--(1) In the event of a matter within the 
     jurisdiction of the Inspector General of the Intelligence 
     Community that may be subject to an investigation, 
     inspection, or audit by both the Inspector General of the 
     Intelligence Community and an Inspector General, whether 
     statutory or administrative, with oversight responsibility 
     for an element or elements of the intelligence community, the 
     Inspector General of the Intelligence Community and such 
     other Inspector or Inspectors General shall expeditiously 
     resolve which Inspector General shall conduct such 
     investigation, inspection, or audit.
       ``(2) The Inspector General conducting an investigation, 
     inspection, or audit covered by paragraph (1) shall submit 
     the results of such investigation, inspection, or audit to 
     any other Inspector General, including the Inspector General 
     of the Intelligence Community, with jurisdiction to conduct 
     such investigation, inspection, or audit who did not conduct 
     such investigation, inspection, or audit.
       ``(3)(A) If an investigation, inspection, or audit covered 
     by paragraph (1) is conducted by an Inspector General other 
     than the Inspector General of the Intelligence Community, the 
     Inspector General of the Intelligence Community may, upon 
     completion of such investigation, inspection, or audit by 
     such other Inspector General, conduct under this section a 
     separate investigation, inspection, or audit of the matter 
     concerned if the Inspector General of the Intelligence 
     Community determines that such initial investigation, 
     inspection, or audit was deficient in some manner or that 
     further investigation, inspection, or audit is required.
       ``(B) This paragraph shall not apply to the Inspector 
     General of the Department of Defense or to any other 
     Inspector General within the Department of Defense.
       ``(h) Staff and Other Support.--(1) The Inspector General 
     of the Intelligence Community shall be provided with 
     appropriate and adequate office space at central and field 
     office locations, together with such equipment, office 
     supplies, maintenance services, and communications facilities 
     and services as may be necessary for the operation of such 
     offices.
       ``(2)(A) Subject to applicable law and the policies of the 
     Director of National Intelligence, the Inspector General 
     shall select, appoint, and employ such officers and employees 
     as may be necessary to carry out the functions of the 
     Inspector General. The Inspector General shall ensure that 
     any officer or employee so selected, appointed, or employed 
     has security clearances appropriate for the assigned duties 
     of such officer or employee.
       ``(B) In making selections under subparagraph (A), the 
     Inspector General shall ensure that such officers and 
     employees have the requisite training and experience to 
     enable the Inspector General to carry out the duties of the 
     Inspector General effectively.
       ``(C) In meeting the requirements of this paragraph, the 
     Inspector General shall create within the Office of the 
     Inspector General of the Intelligence Community a career 
     cadre of sufficient size to provide appropriate continuity 
     and objectivity needed for the effective performance of the 
     duties of the Inspector General.
       ``(3)(A) Subject to the concurrence of the Director, the 
     Inspector General may request such information or assistance 
     as may be necessary for carrying out the duties and 
     responsibilities of the Inspector General from any 
     department, agency, or other element of the United States 
     Government.
       ``(B) Upon request of the Inspector General for information 
     or assistance under subparagraph (A), the head of the 
     department, agency, or element concerned shall, insofar as is 
     practicable and not in contravention of any existing 
     statutory restriction or regulation of the department, 
     agency, or element, furnish to the Inspector General, or to 
     an authorized designee, such information or assistance.
       ``(C) The Inspector General of the Intelligence Community 
     may, upon reasonable notice to the head of any element of the 
     intelligence community, conduct, as authorized by this 
     section, an investigation, inspection, or audit of such 
     element and may enter into any place occupied by such element 
     for purposes of the performance of the duties of the 
     Inspector General.
       ``(i) Reports.--(1)(A) The Inspector General of the 
     Intelligence Community shall, not later than January 31 and 
     July 31 of each year, prepare and submit to the Director of 
     National Intelligence a classified, and, as appropriate, 
     unclassified semiannual report summarizing the activities of 
     the Office of the Inspector General of the Intelligence 
     Community during the immediately preceding 6-month periods 
     ending December 31 (of the preceding year) and June 30, 
     respectively.
       ``(B) Each report under this paragraph shall include, at a 
     minimum, the following:
       ``(i) A list of the title or subject of each investigation, 
     inspection, or audit conducted during the period covered by 
     such report, including a summary of the progress of each 
     particular investigation, inspection, or audit since the 
     preceding report of the Inspector General under this 
     paragraph.
       ``(ii) A description of significant problems, abuses, and 
     deficiencies relating to the administration and 
     implementation of programs and operations of the intelligence 
     community, and in the relationships between elements of the 
     intelligence community, identified by the Inspector General 
     during the period covered by such report.
       ``(iii) A description of the recommendations for corrective 
     or disciplinary action made by the Inspector General during 
     the period covered by such report with respect to significant 
     problems, abuses, or deficiencies identified in clause (ii).
       ``(iv) A statement whether or not corrective or 
     disciplinary action has been completed on each significant 
     recommendation described in previous semiannual reports, and, 
     in a case where corrective action has been completed, a 
     description of such corrective action.
       ``(v) A certification whether or not the Inspector General 
     has had full and direct access to all information relevant to 
     the performance of the functions of the Inspector General.
       ``(vi) A description of the exercise of the subpoena 
     authority under subsection (f)(5) by the Inspector General 
     during the period covered by such report.
       ``(vii) Such recommendations as the Inspector General 
     considers appropriate for legislation to promote economy, 
     efficiency, and effectiveness in the administration and 
     implementation of programs and operations undertaken by the 
     intelligence community, and in the relationships between 
     elements of the intelligence community, and to detect and 
     eliminate fraud and abuse in such programs and operations and 
     in such relationships.
       ``(C) Not later than the 30 days after the date of receipt 
     of a report under subparagraph (A), the Director shall 
     transmit the report to the congressional intelligence 
     committees together with any comments the Director considers 
     appropriate.
       ``(2)(A) The Inspector General shall report immediately to 
     the Director whenever the Inspector General becomes aware of 
     particularly serious or flagrant problems, abuses, or 
     deficiencies relating to the administration and 
     implementation of programs or operations of the intelligence 
     community or in the relationships between elements of the 
     intelligence community.
       ``(B) The Director shall transmit to the congressional 
     intelligence committees each report under subparagraph (A) 
     within seven calendar days of receipt of such report, 
     together with such comments as the Director considers 
     appropriate.
       ``(3) In the event that--
       ``(A) the Inspector General is unable to resolve any 
     differences with the Director affecting the execution of the 
     duties or responsibilities of the Inspector General;
       ``(B) an investigation, inspection, or audit carried out by 
     the Inspector General focuses on any current or former 
     intelligence community official who--
       ``(i) holds or held a position in an element of the 
     intelligence community that is subject to appointment by the 
     President, whether or not by and with the advice and consent 
     of the Senate, including such a position held on an acting 
     basis;
       ``(ii) holds or held a position in an element of the 
     intelligence community, including a position held on an 
     acting basis, that is appointed by the Director of National 
     Intelligence; or
       ``(iii) holds or held a position as head of an element of 
     the intelligence community or a position covered by 
     subsection (b) or (c) of section 106;
       ``(C) a matter requires a report by the Inspector General 
     to the Department of Justice on possible criminal conduct by 
     a current or former official described in subparagraph (B);
       ``(D) the Inspector General receives notice from the 
     Department of Justice declining or approving prosecution of 
     possible criminal conduct of any current or former official 
     described in subparagraph (B); or

[[Page S9172]]

       ``(E) the Inspector General, after exhausting all possible 
     alternatives, is unable to obtain significant documentary 
     information in the course of an investigation, inspection, or 
     audit,
     the Inspector General shall immediately notify and submit a 
     report on such matter to the congressional intelligence 
     committees.
       ``(4) Pursuant to title V, the Director shall submit to the 
     congressional intelligence committees any report or findings 
     and recommendations of an investigation, inspection, or audit 
     conducted by the office which has been requested by the 
     Chairman or Vice Chairman or Ranking Minority Member of 
     either committee.
       ``(5)(A) An employee of an element of the intelligence 
     community, an employee assigned or detailed to an element of 
     the intelligence community, or an employee of a contractor to 
     the intelligence community who intends to report to Congress 
     a complaint or information with respect to an urgent concern 
     may report such complaint or information to the Inspector 
     General.
       ``(B) Not later than the end of the 14-calendar day period 
     beginning on the date of receipt from an employee of a 
     complaint or information under subparagraph (A), the 
     Inspector General shall determine whether the complaint or 
     information appears credible. Upon making such a 
     determination, the Inspector General shall transmit to the 
     Director a notice of that determination, together with the 
     complaint or information.
       ``(C) Upon receipt of a transmittal from the Inspector 
     General under subparagraph (B), the Director shall, within 
     seven calendar days of such receipt, forward such transmittal 
     to the congressional intelligence committees, together with 
     any comments the Director considers appropriate.
       ``(D)(i) If the Inspector General does not find credible 
     under subparagraph (B) a complaint or information submitted 
     under subparagraph (A), or does not transmit the complaint or 
     information to the Director in accurate form under 
     subparagraph (B), the employee (subject to clause (ii)) may 
     submit the complaint or information to Congress by contacting 
     either or both of the congressional intelligence committees 
     directly.
       ``(ii) An employee may contact the intelligence committees 
     directly as described in clause (i) only if the employee--
       ``(I) before making such a contact, furnishes to the 
     Director, through the Inspector General, a statement of the 
     employee's complaint or information and notice of the 
     employee's intent to contact the congressional intelligence 
     committees directly; and
       ``(II) obtains and follows from the Director, through the 
     Inspector General, direction on how to contact the 
     intelligence committees in accordance with appropriate 
     security practices.
       ``(iii) A member or employee of one of the congressional 
     intelligence committees who receives a complaint or 
     information under clause (i) does so in that member or 
     employee's official capacity as a member or employee of such 
     committee.
       ``(E) The Inspector General shall notify an employee who 
     reports a complaint or information to the Inspector General 
     under this paragraph of each action taken under this 
     paragraph with respect to the complaint or information. Such 
     notice shall be provided not later than 3 days after any such 
     action is taken.
       ``(F) An action taken by the Director or the Inspector 
     General under this paragraph shall not be subject to judicial 
     review.
       ``(G) In this paragraph, the term `urgent concern' means 
     any of the following:
       ``(i) A serious or flagrant problem, abuse, violation of 
     law or Executive order, or deficiency relating to the 
     funding, administration, or operations of an intelligence 
     activity involving classified information, but does not 
     include differences of opinions concerning public policy 
     matters.
       ``(ii) A false statement to Congress, or a willful 
     withholding from Congress, on an issue of material fact 
     relating to the funding, administration, or operation of an 
     intelligence activity.
       ``(iii) An action, including a personnel action described 
     in section 2302(a)(2)(A) of title 5, United States Code, 
     constituting reprisal or threat of reprisal prohibited under 
     subsection (f)(3)(B) of this section in response to an 
     employee's reporting an urgent concern in accordance with 
     this paragraph.
       ``(H) In support of this paragraph, Congress makes the 
     findings set forth in paragraphs (1) through (6) of section 
     701(b) of the Intelligence Community Whistleblower Protection 
     Act of 1998 (title VII of Public Law 105-272; 5 U.S.C. App. 
     8H note).
       ``(6) In accordance with section 535 of title 28, United 
     States Code, the Inspector General shall report to the 
     Attorney General any information, allegation, or complaint 
     received by the Inspector General relating to violations of 
     Federal criminal law that involves a program or operation of 
     an element of the intelligence community, or in the 
     relationships between the elements of the intelligence 
     community, consistent with such guidelines as may be issued 
     by the Attorney General pursuant to subsection (b)(2) of such 
     section. A copy of each such report shall be furnished to the 
     Director.
       ``(j) Separate Budget Account.--The Director of National 
     Intelligence shall, in accordance with procedures to be 
     issued by the Director in consultation with the congressional 
     intelligence committees, include in the National Intelligence 
     Program budget a separate account for the Office of Inspector 
     General of the Intelligence Community.
       ``(k) Construction of Duties Regarding Elements of 
     Intelligence Community.--Except as resolved pursuant to 
     subsection (g), the performance by the Inspector General of 
     the Intelligence Community of any duty, responsibility, or 
     function regarding an element of the intelligence community 
     shall not be construed to modify or effect the duties and 
     responsibilities of any other Inspector General, whether 
     statutory or administrative, having duties and 
     responsibilities relating to such element.''.
       (2) The table of contents in the first section of the 
     National Security Act of 1947 is amended by inserting after 
     the item relating to section 103G the following new item:
``Sec. 103H. Inspector General of the Intelligence Community.''.

       (b) Repeal of Superseded Authority To Establish Position.--
     Section 8K of the Inspector General Act of 1978 (5 U.S.C. 
     App.) is repealed.
       (c) Executive Schedule Level IV.--Section 5314 of title 5, 
     United States Code, is amended by adding at the end the 
     following new item:
       ``Inspector General of the Intelligence Community.''.

     SEC. 2409. LEADERSHIP AND LOCATION OF CERTAIN OFFICES AND 
                   OFFICIALS.

       (a) National Counter Proliferation Center.--Section 119A(a) 
     of the National Security Act of 1947 (50 U.S.C. 404o-1(a)) is 
     amended--
       (1) by striking ``(a) Establishment.--'' and inserting the 
     following:
       ``(a) In General.--
       ``(1) Establishment.--The''; and
       (2) by adding at the end the following new paragraphs:
       ``(2) Director.--The head of the National Counter 
     Proliferation Center shall be the Director of the National 
     Counter Proliferation Center, who shall be appointed by the 
     Director of National Intelligence.
       ``(3) Location.--The National Counter Proliferation Center 
     shall be located within the Office of the Director of 
     National Intelligence.''.
       (b) Officers.--Section 103(c) of that Act (50 U.S.C. 403-
     3(c)) is amended--
       (1) by redesignating paragraph (9) as paragraph (13); and
       (2) by inserting after paragraph (8) the following new 
     paragraphs:
       ``(9) The Chief Information Officer of the Intelligence 
     Community.
       ``(10) The Inspector General of the Intelligence Community.
       ``(11) The Director of the National Counterterrorism 
     Center.
       ``(12) The Director of the National Counter Proliferation 
     Center.''.

     SEC. 2410. NATIONAL SPACE INTELLIGENCE CENTER.

       (a) Establishment.--
       (1) In general.--Title I of the National Security Act of 
     1947 (50 U.S.C. 401 et seq.) is amended by adding after 
     section 119B the following new section:


                  ``NATIONAL SPACE INTELLIGENCE CENTER

       ``Sec. 119C.  (a) Establishment.--There is established 
     within the Office of the Director of National Intelligence a 
     National Space Intelligence Center.
       ``(b) Director of National Space Intelligence Center.--The 
     National Intelligence Officer for Science and Technology, or 
     a successor position designated by the Director of National 
     Intelligence, shall act as the Director of the National Space 
     Intelligence Center.
       ``(c) Missions.--The National Space Intelligence Center 
     shall have the following missions:
       ``(1) To coordinate and provide policy direction for the 
     management of space-related intelligence assets.
       ``(2) To prioritize collection activities consistent with 
     the National Intelligence Collection Priorities framework, or 
     a successor framework or other document designated by the 
     Director of National Intelligence.
       ``(3) To provide policy direction for programs designed to 
     ensure a sufficient cadre of government and nongovernment 
     personnel in fields relating to space intelligence, including 
     programs to support education, recruitment, hiring, training, 
     and retention of qualified personnel.
       ``(4) To evaluate independent analytic assessments of 
     threats to classified United States space intelligence 
     systems throughout all phases of the development, 
     acquisition, and operation of such systems.
       ``(d) Access to Information.--The Director of National 
     Intelligence shall ensure that the National Space 
     Intelligence Center has access to all national intelligence 
     information (as appropriate), and such other information (as 
     appropriate and practical), necessary for the Center to carry 
     out the missions of the Center under subsection (c).
       ``(e) Separate Budget Account.--The Director of National 
     Intelligence shall include in the National Intelligence 
     Program budget a separate line item for the National Space 
     Intelligence Center.''.
       (2) Clerical amendment.--The table of contents for that Act 
     is amended by inserting after the item relating to section 
     119B the following new item:
``Sec. 119C. National Space Intelligence Center.''.

       (b) Report on Organization of Center.--
       (1) Report required.--Not later than 180 days after the 
     date of the enactment of this Act, the Director of the 
     National Space Intelligence Center shall submit to the Select 
     Committee on Intelligence of the Senate and

[[Page S9173]]

     the Permanent Select Committee on Intelligence of the House 
     of Representatives a report on the organizational 
     structure of the National Space Intelligence Center 
     established by section 119C of the National Security Act 
     of 1947 (as added by subsection (a)).
       (2) Elements.--The report required by paragraph (1) shall 
     include the following:
       (A) The proposed organizational structure of the National 
     Space Intelligence Center.
       (B) An identification of key participants in the Center.
       (C) A strategic plan for the Center during the five-year 
     period beginning on the date of the report.

     SEC. 2411. OPERATIONAL FILES IN THE OFFICE OF THE DIRECTOR OF 
                   NATIONAL INTELLIGENCE.

       (a) In General.--Title VII of the National Security Act of 
     1947 (50 U.S.C. 431 et seq.) is amended by inserting before 
     section 701 the following new section:


     ``OPERATIONAL FILES IN THE OFFICE OF THE DIRECTOR OF NATIONAL 
                              INTELLIGENCE

       ``Sec. 700.  (a) Exemption of Certain Files From Search, 
     Review, Publication, or Disclosure.--(1) Information and 
     records described in paragraph (2) shall be exempt from the 
     provisions of section 552 of title 5, United States Code, 
     that require search, review, publication, or disclosure in 
     connection therewith when--
       ``(A) such information or records are not disseminated 
     outside the Office of the Director of National Intelligence; 
     or
       ``(B) such information or records are incorporated into new 
     information or records created by personnel of the Office in 
     a manner that identifies such new information or records as 
     incorporating such information or records and such new 
     information or records are not disseminated outside the 
     Office.
       ``(2) Information and records described in this paragraph 
     are the following:
       ``(A) Information disseminated or otherwise provided to an 
     element of the Office of the Director of National 
     Intelligence from the operational files of an element of the 
     intelligence community that have been exempted from search, 
     review, publication, or disclosure in accordance with this 
     title or any other provision of law.
       ``(B) Any information or records created by the Office that 
     incorporate information described in subparagraph (A).
       ``(3) An operational file of an element of the intelligence 
     community from which information described in paragraph 
     (2)(A) is disseminated or provided to the Office of the 
     Director of National Intelligence as described in that 
     paragraph shall remain exempt from search, review, 
     publication, or disclosure under section 552 of title 5, 
     United States Code, to the extent the operational files from 
     which such information was derived remain exempt from search, 
     review, publication, or disclosure under section 552 of such 
     title.
       ``(b) Search and Review of Certain Files.--Information 
     disseminated or otherwise provided to the Office of the 
     Director of National Intelligence by another element of the 
     intelligence community that is not exempt from search, 
     review, publication, or disclosure under subsection (a), and 
     that is authorized to be disseminated outside the Office, 
     shall be subject to search and review under section 552 of 
     title 5, United States Code, but may remain exempt from 
     publication and disclosure under such section by the element 
     disseminating or providing such information to the Office to 
     the extent authorized by such section.
       ``(c) Search and Review for Certain Purposes.--
     Notwithstanding subsection (a), exempted operational files 
     shall continue to be subject to search and review for 
     information concerning any of the following:
       ``(1) United States citizens or aliens lawfully admitted 
     for permanent residence who have requested information on 
     themselves pursuant to the provisions of section 552 or 552a 
     of title 5, United States Code.
       ``(2) Any special activity the existence of which is not 
     exempt from disclosure under the provisions of section 552 of 
     title 5, United States Code.
       ``(3) The specific subject matter of an investigation by 
     any of the following for any impropriety, or violation of 
     law, Executive order, or Presidential directive, in the 
     conduct of an intelligence activity:
       ``(A) The Select Committee on Intelligence of the Senate.
       ``(B) The Permanent Select Committee on Intelligence of the 
     House of Representatives.
       ``(C) The Intelligence Oversight Board.
       ``(D) The Department of Justice.
       ``(E) The Office of the Director of National Intelligence.
       ``(F) The Office of the Inspector General of the 
     Intelligence Community.''.
       (b) Clerical Amendment.--The table of contents in the first 
     section of that Act is amended by inserting before the item 
     relating to section 701 the following new item:

``Sec. 700. Operational files in the Office of the Director of National 
              Intelligence.''.

     SEC. 2412. ELIGIBILITY FOR INCENTIVE AWARDS OF PERSONNEL 
                   ASSIGNED TO THE OFFICE OF THE DIRECTOR OF 
                   NATIONAL INTELLIGENCE.

       (a) In General.--Subsection (a) of section 402 of the 
     Intelligence Authorization Act for Fiscal Year 1984 (50 
     U.S.C. 403e-1) is amended to read as follows:
       ``(a) Authority for Payment of Awards.--(1) The Director of 
     National Intelligence may exercise the authority granted in 
     section 4503 of title 5, United States Code, with respect to 
     Federal employees and members of the Armed Forces detailed or 
     assigned to the Office of the Director of National 
     Intelligence in the same manner as such authority may be 
     exercised with respect to personnel of the Office.
       ``(2) The Director of the Central Intelligence Agency may 
     exercise the authority granted in section 4503 of title 5, 
     United States Code, with respect to Federal employees and 
     members of the Armed Forces detailed or assigned to the 
     Central Intelligence Agency in the same manner as such 
     authority may be exercised with respect to personnel of the 
     Agency.''.
       (b) Repeal of Obsolete Authority.--That section is further 
     amended--
       (1) by striking subsection (c); and
       (2) by redesignating subsection (d) as subsection (c).
       (c) Expeditious Payment.--That section is further amended 
     by adding at the end the following new subsection (d):
       ``(d) Expeditious Payment.--Payment of an award under this 
     authority in this section shall be made as expeditiously as 
     is practicable after the making of the award.''.
       (d) Conforming Amendments.--That section is further 
     amended--
       (1) in subsection (b), by striking ``to the Central 
     Intelligence Agency or to the Intelligence Community Staff'' 
     and inserting ``to the Office of the Director of National 
     Intelligence or to the Central Intelligence Agency''; and
       (2) in subsection (c), as redesignated by subsection (b)(2) 
     of this section, by striking ``Director of Central 
     Intelligence'' and inserting ``Director of National 
     Intelligence or Director of the Central Intelligence 
     Agency''.
       (e) Technical and Stylistic Amendments.--That section is 
     further amended--
       (1) in subsection (b)--
       (A) by inserting ``Personnel Eligible for Awards.--''after 
     ``(b)'';
       (B) by striking ``subsection (a) of this section'' and 
     inserting ``subsection (a)''; and
       (C) by striking ``a date five years before the date of 
     enactment of this section'' and inserting ``December 9, 
     1978''; and
       (2) in subsection (c), as so redesignated, by inserting 
     ``Payment and Acceptance of Awards.--'' after ``(c)''.

     SEC. 2413. REPEAL OF CERTAIN AUTHORITIES RELATING TO THE 
                   OFFICE OF THE NATIONAL COUNTERINTELLIGENCE 
                   EXECUTIVE.

       (a) Repeal of Certain Authorities.--Section 904 of the 
     Counterintelligence Enhancement Act of 2002 (title IX of 
     Public Law 107-306; 50 U.S.C. 402c) is amended--
       (1) by striking subsections (d), (g), (h), (i), and (j); 
     and
       (2) by redesignating subsections (e), (f), (k), (l), and 
     (m) as subsections (d), (e), (f), (g), and (h), respectively.
       (b) Conforming Amendments.--That section is further 
     amended--
       (1) in subsection (d), as redesignated by subsection (a)(2) 
     of this section, by striking ``subsection (f)'' each place it 
     appears in paragraphs (1) and (2) and inserting ``subsection 
     (e)''; and
       (2) in subsection (e), as so redesignated--
       (A) in paragraph (1), by striking ``subsection (e)(1)'' and 
     inserting ``subsection (d)(1)''; and
       (B) in paragraph (2), by striking ``subsection (e)(2)'' and 
     inserting ``subsection (d)(2)''.

     SEC. 2414. INAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT 
                   TO ADVISORY COMMITTEES OF THE OFFICE OF THE 
                   DIRECTOR OF NATIONAL INTELLIGENCE.

       Section 4(b) of the Federal Advisory Committee Act (5 
     U.S.C. App.) is amended--
       (1) in paragraph (1), by striking ``or'';
       (2) in paragraph (2), by striking the period and inserting 
     ``; or''; and
       (3) by adding at the end the following new paragraph:
       ``(3) the Office of the Director of National 
     Intelligence.''.

     SEC. 2415. MEMBERSHIP OF THE DIRECTOR OF NATIONAL 
                   INTELLIGENCE ON THE TRANSPORTATION SECURITY 
                   OVERSIGHT BOARD.

       Subparagraph (F) of section 115(b)(1) of title 49, United 
     States Code, is amended to read as follows:
       ``(F) The Director of National Intelligence, or the 
     Director's designee.''.

     SEC. 2416. APPLICABILITY OF THE PRIVACY ACT TO THE DIRECTOR 
                   OF NATIONAL INTELLIGENCE AND THE OFFICE OF THE 
                   DIRECTOR OF NATIONAL INTELLIGENCE.

       (a) Authority To Exempt.--The Director of National 
     Intelligence may prescribe regulations to exempt any system 
     of records within the Office of the Director of National 
     Intelligence from the applicability of the provisions of 
     subsections (c)(3), (c)(4), and (d) of section 552a of title 
     5, United States Code.
       (b) Promulgation Requirements.--In prescribing any 
     regulations under subsection (a), the Director shall comply 
     with the requirements (including general notice requirements) 
     of subsections (b), (c), and (e) of section 553 of title 5, 
     United States Code.

                Subtitle B--Central Intelligence Agency

     SEC. 2421. DIRECTOR AND DEPUTY DIRECTOR OF THE CENTRAL 
                   INTELLIGENCE AGENCY.

       (a) Appointment of Director of Central Intelligence 
     Agency.--Subsection (a) of section 104A of the National 
     Security Act of 1947 (50 U.S.C. 403-4a) is amended by 
     inserting ``from civilian life'' after ``who shall be 
     appointed''.
       (b) Establishment of Position of Deputy Director of Central 
     Intelligence Agency.--Such section is further amended--

[[Page S9174]]

       (1) by redesignating subsections (b), (c), (d), (e), (f), 
     and (g) as subsections (c), (d), (e), (f), (g), and (h), 
     respectively; and
       (2) by inserting after subsection (a) the following new 
     subsection (b):
       ``(b) Deputy Director of Central Intelligence Agency.--(1) 
     There is a Deputy Director of the Central Intelligence Agency 
     who shall be appointed from civilian life by the President, 
     by and with the advice and consent of the Senate.
       ``(2) The Deputy Director of the Central Intelligence 
     Agency shall assist the Director of the Central Intelligence 
     Agency in carrying out the duties and responsibilities of the 
     Director.
       ``(3) The Deputy Director of the Central Intelligence 
     Agency shall act for, and exercise the powers of, the 
     Director of the Central Intelligence Agency during the 
     absence or disability of the Director of the Central 
     Intelligence Agency or during a vacancy in the position of 
     Director of the Central Intelligence Agency.''.
       (c) Conforming Amendment.--Paragraph (2) of subsection (d) 
     of such section, as redesignated by subsection (b)(1) of this 
     section, is further amended by striking ``subsection (d)'' 
     and inserting ``subsection (e)''.
       (d) Executive Schedule Level III.--Section 5314 of title 5, 
     United States Code, is amended by adding at the end the 
     following new item:
       ``Deputy Director of the Central Intelligence Agency.''.
       (e) Role of DNI in Appointment.--Section 106(a)(2) of the 
     National Security Act of 1947 (50 U.S.C. 403-6) is amended by 
     adding at the end the following new subparagraph:
       ``(C) The Deputy Director of the Central Intelligence 
     Agency.''.
       (f) Military Status of Individual Serving as Director of 
     Central Intelligence Agency or Administratively Performing 
     Duties of Deputy Director of Central Intelligence Agency.--
     (1) A commissioned officer of the Armed Forces who is serving 
     as the Director of the Central Intelligence Agency or is 
     engaged in administrative performance of the duties of Deputy 
     Director of the Central Intelligence Agency as of the date of 
     the enactment of this Act shall not, while continuing in such 
     service, or in the administrative performance of such duties, 
     after that date--
       (A) be subject to supervision or control by the Secretary 
     of Defense or by any officer or employee of the Department of 
     Defense; or
       (B) exercise, by reason of the officer's status as a 
     commissioned officer, any supervision or control with respect 
     to any of the military or civilian personnel of the 
     Department of Defense except as otherwise authorized by law.
       (2) Except as provided in subparagraph (A) or (B) of 
     paragraph (1), the service, or the administrative performance 
     of duties, described in that paragraph by an officer 
     described in that paragraph shall not affect the status, 
     position, rank, or grade of such officer in the Armed Forces, 
     or any emolument, perquisite, right, privilege, or benefit 
     incident to or arising out of such status, position, rank, or 
     grade.
       (3) A commissioned officer described in paragraph (1), 
     while serving, or continuing in the administrative 
     performance of duties, as described in that paragraph and 
     while remaining on active duty, shall continue to receive 
     military pay and allowances. Funds from which such pay and 
     allowances are paid shall be reimbursed from funds available 
     to the Director of the Central Intelligence Agency.
       (g) Effective Date and Applicability.--
       (1) Director of central intelligence agency.--The amendment 
     made by subsection (a) shall--
       (A) take effect on the date of the enactment of this Act; 
     and
       (B) apply upon the occurrence of any act creating a vacancy 
     in the position of Director of the Central Intelligence 
     Agency after such date, except that if the vacancy occurs by 
     resignation from such position of the individual serving in 
     such position on such date, that individual may continue 
     serving in such position after such resignation until the 
     individual appointed to succeed such resigning individual as 
     Director of the Central Intelligence Agency, by and with the 
     advice and consent of the Senate, assumes the duties of such 
     position.
       (2) Deputy director of central intelligence agency.--The 
     amendments made by subsections (b) through (e) shall take 
     effect on the date of the enactment of this Act and shall 
     apply upon the earlier of--
       (A) the date of the nomination by the President of an 
     individual to serve as Deputy Director of the Central 
     Intelligence Agency, except that the individual 
     administratively performing the duties of the Deputy Director 
     of the Central Intelligence Agency as of the date of the 
     enactment of this Act may continue to perform such duties 
     after such date of nomination and until the individual 
     appointed to the position of Deputy Director of the Central 
     Intelligence Agency, by and with the advice and consent of 
     the Senate, assumes the duties of such position; or
       (B) the date of the cessation of the performance of the 
     duties of Deputy Director of the Central Intelligence Agency 
     by the individual administratively performing such duties as 
     of the date of the enactment of this Act.

     SEC. 2422. ENHANCED PROTECTION OF CENTRAL INTELLIGENCE AGENCY 
                   INTELLIGENCE SOURCES AND METHODS FROM 
                   UNAUTHORIZED DISCLOSURE.

       (a) Responsibility of Director of Central Intelligence 
     Agency Under National Security Act of 1947.--Subsection (e) 
     of section 104A of the National Security Act of 1947 (50 
     U.S.C. 403-4a), as redesignated by section 2421(b)(1) of this 
     Act, is further amended--
       (1) in paragraph (3), by striking ``and'' at the end;
       (2) by redesignating paragraph (4) as paragraph (5); and
       (3) by inserting after paragraph (3) the following new 
     paragraph (4):
       ``(4) protect intelligence sources and methods of the 
     Central Intelligence Agency from unauthorized disclosure, 
     consistent with any direction issued by the President or the 
     Director of National Intelligence; and''.
       (b) Protection Under Central Intelligence Agency Act of 
     1949.--Section 6 of the Central Intelligence Agency Act of 
     1949 (50 U.S.C. 403g) is amended by striking ``section 
     102A(i)'' and all that follows through ``unauthorized 
     disclosure'' and inserting ``sections 102A(i) and 104A(e)(4) 
     of the National Security Act of 1947 (50 U.S.C. 403-1(i), 
     403-4a(e)(4))''.
       (c) Construction With Exemption From Requirement for 
     Disclosure of Information to Public.--Section 104A(e)(4) of 
     the National Security Act of 1947, as amended by subsection 
     (a), and section 6 of the Central Intelligence Agency Act of 
     1949, as amended by subsection (b), shall be treated as 
     statutes that specifically exempt from disclosure the matters 
     specified in such sections for purposes of section 552(b)(3) 
     of title 5, United States Code.
       (d) Technical Amendments to Central Intelligence Agency 
     Retirement Act.--Section 201(c) of the Central Intelligence 
     Agency Retirement Act (50 U.S.C. 2011(c)) is amended--
       (1) in the subsection caption, by striking ``of DCI'';
       (2) by striking ``section 102A(i)'' and inserting 
     ``sections 102A(i) and 104A(e)(4)'';
       (3) by striking ``of National Intelligence''; and
       (4) by inserting ``of the Central Intelligence Agency'' 
     after ``methods''.

     SEC. 2423. ADDITIONAL EXCEPTION TO FOREIGN LANGUAGE 
                   PROFICIENCY REQUIREMENT FOR CERTAIN SENIOR 
                   LEVEL POSITIONS IN THE CENTRAL INTELLIGENCE 
                   AGENCY.

       (a) Additional Exception.--Subsection (h) of section 104A 
     of the National Security Act of 1947 (50 U.S.C. 403-4a), as 
     redesignated by section 2421(b)(1) of this Act, is further 
     amended--
       (1) in paragraph (1)--
       (A) by striking ``paragraph (2)'' and inserting 
     ``paragraphs (2) and (3)''; and
       (B) by striking ``Directorate of Operations'' and inserting 
     ``National Clandestine Service'';
       (2) in paragraph (2), by striking ``position or category of 
     positions'' each place it appears and inserting ``individual, 
     individuals, position, or category of positions''; and
       (3) by adding at the end the following new paragraph:
       ``(3) Paragraph (1) shall not apply to any individual in 
     the Directorate of Intelligence or the National Clandestine 
     Service of the Central Intelligence Agency who is serving in 
     a Senior Intelligence Service position as of December 23, 
     2005, regardless of whether such individual is a member of 
     the Senior Intelligence Service.''.
       (b) Report on Waivers.--Section 611(c) of the Intelligence 
     Authorization Act for Fiscal Year 2005 (Public Law 108-487; 
     118 Stat. 3955) is amended--
       (1) by striking the first sentence and inserting the 
     following new sentence: ``The Director of the Central 
     Intelligence Agency shall submit to Congress a report that 
     identifies individuals who, or positions within the Senior 
     Intelligence Service in the Directorate of Intelligence or 
     the National Clandestine Service of the Central Intelligence 
     Agency that, are determined by the Director to require a 
     waiver under subsection (h) of section 104A of the National 
     Security Act of 1947, as added by subsection (a) and 
     redesignated by section 421(b)(1) of the Intelligence 
     Authorization Act for Fiscal Year 2007.''; and
       (2) in the second sentence--
       (A) by striking ``section 104A(g)(2), as so added'' and 
     inserting ``subsection (h)(2) of section 104A, as so added 
     and redesignated''; and
       (B) by striking ``position or category of positions'' and 
     inserting ``individual, individuals, position, or category of 
     positions''.

     SEC. 2424. ADDITIONAL FUNCTIONS AND AUTHORITIES FOR 
                   PROTECTIVE PERSONNEL OF THE CENTRAL 
                   INTELLIGENCE AGENCY.

       Section 5(a)(4) of the Central Intelligence Agency Act of 
     1949 (50 U.S.C. 403f(a)(4)) is amended--
       (1) by inserting ``(A)'' after ``(4)'';
       (2) in subparagraph (A), as so designated--
       (A) by striking ``and the protection'' and inserting ``the 
     protection''; and
       (B) by striking the semicolon and inserting ``, and the 
     protection of the Director of National Intelligence and such 
     personnel of the Office of the Director of National 
     Intelligence as the Director of National Intelligence may 
     designate; and''; and
       (3) by adding at the end the following new subparagraph:
       ``(B) Authorize personnel engaged in the performance of 
     protective functions authorized pursuant to subparagraph (A), 
     when engaged in the performance of such functions, to make 
     arrests without warrant for any offense against the United 
     States committed in the presence of such personnel, or for 
     any felony cognizable under the laws of the United States, if 
     such personnel have reasonable grounds to believe that the 
     person to be

[[Page S9175]]

     arrested has committed or is committing such felony, except 
     that any authority pursuant to this subparagraph may be 
     exercised only in accordance with guidelines approved by the 
     Director and the Attorney General and such personnel may not 
     exercise any authority for the service of civil process or 
     for the investigation of criminal offenses;''.

     SEC. 2425. DIRECTOR OF NATIONAL INTELLIGENCE REPORT ON 
                   RETIREMENT BENEFITS FOR FORMER EMPLOYEES OF AIR 
                   AMERICA.

       (a) In General.--Not later than 120 days after the date of 
     the enactment of this Act, the Director of National 
     Intelligence shall submit to Congress a report on the 
     advisability of providing Federal retirement benefits to 
     United States citizens for the service of such individuals 
     before 1977 as employees of Air America or an associated 
     company while such company was owned or controlled by the 
     United States Government and operated or managed by the 
     Central Intelligence Agency.
       (b) Report Elements.--(1) The report required by subsection 
     (a) shall include the following:
       (A) The history of Air America and associated companies 
     before 1977, including a description of--
       (i) the relationship between such companies and the Central 
     Intelligence Agency and other elements of the United States 
     Government;
       (ii) the workforce of such companies;
       (iii) the missions performed by such companies and their 
     employees for the United States; and
       (iv) the casualties suffered by employees of such companies 
     in the course of their employment with such companies.
       (B) A description of the retirement benefits contracted for 
     or promised to the employees of such companies before 1977, 
     the contributions made by such employees for such benefits, 
     the retirement benefits actually paid such employees, the 
     entitlement of such employees to the payment of future 
     retirement benefits, and the likelihood that former employees 
     of such companies will receive any future retirement 
     benefits.
       (C) An assessment of the difference between--
       (i) the retirement benefits that former employees of such 
     companies have received or will receive by virtue of their 
     employment with such companies; and
       (ii) the retirement benefits that such employees would have 
     received and in the future receive if such employees had 
     been, or would now be, treated as employees of the United 
     States whose services while in the employ of such companies 
     had been or would now be credited as Federal service for the 
     purpose of Federal retirement benefits.
       (D) The recommendations of the Director regarding the 
     advisability of legislative action to treat employment at 
     such companies as Federal service for the purpose of Federal 
     retirement benefits in light of the relationship between such 
     companies and the United States Government and the services 
     and sacrifices of such employees to and for the United 
     States, and if legislative action is considered advisable, a 
     proposal for such action and an assessment of its costs.
       (2) The Director of National Intelligence shall include in 
     the report any views of the Director of the Central 
     Intelligence Agency on the matters covered by the report that 
     the Director of the Central Intelligence Agency considers 
     appropriate.
       (c) Assistance of Comptroller General.--The Comptroller 
     General of the United States shall, upon the request of the 
     Director of National Intelligence and in a manner consistent 
     with the protection of classified information, assist the 
     Director in the preparation of the report required by 
     subsection (a).
       (d) Form.--The report required by subsection (a) shall be 
     submitted in unclassified form, but may include a classified 
     annex.
       (e) Definitions.--In this section:
       (1) The term ``Air America'' means Air America, 
     Incorporated.
       (2) The term ``associated company'' means any company 
     associated with or subsidiary to Air America, including Air 
     Asia Company Limited and the Pacific Division of Southern Air 
     Transport, Incorporated.

              Subtitle C--Defense Intelligence Components

     SEC. 2431. ENHANCEMENTS OF NATIONAL SECURITY AGENCY TRAINING 
                   PROGRAM.

       (a) Termination of Employees.--Subsection (d)(1)(C) of 
     section 16 of the National Security Agency Act of 1959 (50 
     U.S.C. 402 note) is amended by striking ``terminated either 
     by'' and all that follows and inserting ``terminated--
       ``(i) by the Agency due to misconduct by the employee;
       ``(ii) by the employee voluntarily; or
       ``(iii) by the Agency for the failure of the employee to 
     maintain such level of academic standing in the educational 
     course of training as the Director of the National Security 
     Agency shall have specified in the agreement of the employee 
     under this subsection; and''.
       (b) Authority To Withhold Disclosure of Affiliation With 
     NSA.--Subsection (e) of such section is amended by striking 
     ``(1) When an employee'' and all that follows through ``(2) 
     Agency efforts'' and inserting ``Agency efforts''.

     SEC. 2432. CODIFICATION OF AUTHORITIES OF NATIONAL SECURITY 
                   AGENCY PROTECTIVE PERSONNEL.

       The National Security Agency Act of 1959 (50 U.S.C. 402 
     note) is amended by adding at the end the following new 
     section:
       ``Sec. 20. (a) The Director is authorized to designate 
     personnel of the Agency to perform protective functions for 
     the Director and for any personnel of the Agency designated 
     by the Director.
       ``(b)(1) In the performance of protective functions under 
     this section, personnel of the Agency designated to perform 
     protective functions pursuant to subsection (a) are 
     authorized, when engaged in the performance of such 
     functions, to make arrests without a warrant for--
       ``(A) any offense against the United States committed in 
     the presence of such personnel; or
       ``(B) any felony cognizable under the laws of the United 
     States if such personnel have reasonable grounds to believe 
     that the person to be arrested has committed or is committing 
     such felony.
       ``(2) The authority in paragraph (1) may be exercised only 
     in accordance with guidelines approved by the Director and 
     the Attorney General.
       ``(3) Personnel of the Agency designated to perform 
     protective functions pursuant to subsection (a) shall not 
     exercise any authority for the service of civil process or 
     the investigation of criminal offenses.
       ``(c) Nothing in this section shall be construed to impair 
     or otherwise affect any authority under any other provision 
     of law relating to the performance of protective 
     functions.''.

     SEC. 2433. INSPECTOR GENERAL MATTERS.

       (a) Coverage Under Inspector General Act of 1978.--
     Subsection (a)(2) of section 8G of the Inspector General Act 
     of 1978 (5 U.S.C. App. 8G) is amended--
       (1) by inserting ``the Defense Intelligence Agency,'' after 
     ``the Corporation for Public Broadcasting,'';
       (2) by inserting ``the National Geospatial-Intelligence 
     Agency,'' after ``the National Endowment for the Arts,''; and
       (3) by inserting ``the National Reconnaissance Office, the 
     National Security Agency,'' after ``the National Labor 
     Relations Board,''.
       (b) Certain Designations Under Inspector General Act of 
     1978.--Subsection (a) of section 8H of the Inspector General 
     Act of 1978 (5 U.S.C. App. 8H) is amended by adding at the 
     end the following new paragraph:
       ``(3) The Inspectors General of the Defense Intelligence 
     Agency, the National Geospatial-Intelligence Agency, the 
     National Reconnaissance Office, and the National Security 
     Agency shall be designees of the Inspector General of the 
     Department of Defense for purposes of this section.''.
       (c) Power of Heads of Elements Over Investigations.--
     Subsection (d) of section 8G of that Act--
       (1) by inserting ``(1)'' after ``(d)'';
       (2) in the second sentence of paragraph (1), as designated 
     by paragraph (1) of this subsection, by striking ``The head'' 
     and inserting ``Except as provided in paragraph (2), the 
     head''; and
       (3) by adding at the end the following new paragraph:
       ``(2)(A) The Director of National Intelligence or the 
     Secretary of Defense may prohibit the Inspector General of an 
     element of the intelligence community specified in 
     subparagraph (D) from initiating, carrying out, or completing 
     any audit or investigation if the Director or the Secretary, 
     as the case may be, determines that the prohibition is 
     necessary to protect vital national security interests of the 
     United States.
       ``(B) If the Director or the Secretary exercises the 
     authority under subparagraph (A), the Director or the 
     Secretary, as the case may be, shall submit to the committees 
     of Congress specified in subparagraph (E) an appropriately 
     classified statement of the reasons for the exercise of the 
     authority not later than seven days after the exercise of the 
     authority.
       ``(C) At the same time the Director or the Secretary 
     submits under subparagraph (B) a statement on the exercise of 
     the authority in subparagraph (A) to the committees of 
     Congress specified in subparagraph (E), the Director or the 
     Secretary, as the case may be, shall notify the Inspector 
     General of such element of the submittal of such statement 
     and, to the extent consistent with the protection of 
     intelligence sources and methods, provide the Inspector 
     General with a copy of such statement. The Inspector General 
     may submit to such committees of Congress any comments on a 
     notice or statement received by the Inspector General under 
     this subparagraph that the Inspector General considers 
     appropriate.
       ``(D) The elements of the intelligence community specified 
     in this subparagraph are as follows:
       ``(i) The Defense Intelligence Agency.
       ``(ii) The National Geospatial-Intelligence Agency.
       ``(iii) The National Reconnaissance Office.
       ``(iv) The National Security Agency.
       ``(E) The committees of Congress specified in this 
     subparagraph are--
       ``(i) the Committee on Armed Services and the Select 
     Committee on Intelligence of the Senate; and
       ``(ii) the Committee on Armed Services and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives.''.

     SEC. 2434. CONFIRMATION OF APPOINTMENT OF HEADS OF CERTAIN 
                   COMPONENTS OF THE INTELLIGENCE COMMUNITY.

       (a) Director of National Security Agency.--The National 
     Security Agency Act of 1959 (50 U.S.C. 402 note) is amended 
     by inserting after the first section the following new 
     section:
       ``Sec. 2. (a) There is a Director of the National Security 
     Agency.

[[Page S9176]]

       ``(b) The Director of the National Security Agency shall be 
     appointed by the President, by and with the advice and 
     consent of the Senate.
       ``(c) The Director of the National Security Agency shall be 
     the head of the National Security Agency and shall discharge 
     such functions and duties as are provided by this Act or 
     otherwise by law.''.
       (b) Director of National Geospatial-Intelligence Agency.--
     Section 441(b) of title 10, United States Code, is amended--
       (1) by redesignating paragraphs (2) and (3) as paragraphs 
     (3) and (4), respectively; and
       (2) by inserting after paragraph (1) the following new 
     paragraph (2):
       ``(2) The Director of the National Geospatial Intelligence 
     Agency shall be appointed by the President, by and with the 
     advice and consent of the Senate.''.
       (c) Director of National Reconnaissance Office.--The 
     Director of the National Reconnaissance Office shall be 
     appointed by the President, by and with the advice and 
     consent of the Senate.
       (d) Positions of Importance and Responsibility.--
       (1) Designation of positions.--The President may designate 
     any of the positions referred to in paragraph (2) as 
     positions of importance and responsibility under section 601 
     of title 10, United States Code.
       (2) Covered positions.--The positions referred to in this 
     paragraph are as follows:
       (A) The Director of the National Security Agency.
       (B) The Director of the National Geospatial-Intelligence 
     Agency.
       (C) The Director of the National Reconnaissance Office.
       (e) Effective Date and Applicability.--(1) The amendments 
     made by subsections (a) and (b), and subsection (c), shall 
     take effect on the date of the enactment of this Act and 
     shall apply upon the earlier of--
       (A) the date of the nomination by the President of an 
     individual to serve in the position concerned, except that 
     the individual serving in such position as of the date of the 
     enactment of this Act may continue to perform such duties 
     after such date of nomination and until the individual 
     appointed to such position, by and with the advice and 
     consent of the Senate, assumes the duties of such position; 
     or
       (B) the date of the cessation of the performance of the 
     duties of such position by the individual performing such 
     duties as of the date of the enactment of this Act.
       (2) Subsection (d) shall take effect on the date of the 
     enactment of this Act.

     SEC. 2435. CLARIFICATION OF NATIONAL SECURITY MISSIONS OF 
                   NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY FOR 
                   ANALYSIS AND DISSEMINATION OF CERTAIN 
                   INTELLIGENCE INFORMATION.

       Section 442(a) of title 10, United States Code, is 
     amended--
       (1) by redesignating paragraph (2) as paragraph (3);
       (2) by inserting after paragraph (1) the following new 
     paragraph (2):
       ``(2)(A) As directed by the Director of National 
     Intelligence, the National Geospatial-Intelligence Agency 
     shall also analyze, disseminate, and incorporate into the 
     National System for Geospatial-Intelligence, likenesses, 
     videos, or presentations produced by ground-based platforms, 
     including handheld or clandestine photography taken by or on 
     behalf of human intelligence collection organizations or 
     available as open-source information.
       ``(B) The authority provided by this paragraph does not 
     include the authority to manage or direct the tasking of, set 
     requirements and priorities for, set technical requirements 
     related to, or modify any classification or dissemination 
     limitations related to the collection of, handheld or 
     clandestine photography taken by or on behalf of human 
     intelligence collection organizations.''; and
       (3) in paragraph (3), as so redesignated, by striking 
     ``paragraph (1)'' and inserting ``paragraphs (1) and (2)''.

     SEC. 2436. SECURITY CLEARANCES IN THE NATIONAL GEOSPATIAL-
                   INTELLIGENCE AGENCY.

       The Secretary of Defense shall, during the period beginning 
     on the date of the enactment of this Act and ending on 
     December 31, 2007, delegate to the Director of the National 
     Geospatial-Intelligence Agency personnel security authority 
     with respect to the National Geospatial-Intelligence Agency 
     (including authority relating to the use of contractor 
     personnel in investigations and adjudications for security 
     clearances) that is identical to the personnel security 
     authority of the Director of the National Security Agency 
     with respect to the National Security Agency.

                       Subtitle D--Other Elements

     SEC. 2441. FOREIGN LANGUAGE INCENTIVE FOR CERTAIN NON-SPECIAL 
                   AGENT EMPLOYEES OF THE FEDERAL BUREAU OF 
                   INVESTIGATION.

       (a) Authority To Pay Incentive.--The Director of the 
     Federal Bureau of Investigation may pay a cash award 
     authorized by section 4523 of title 5, United States Code, in 
     accordance with the provisions of such section, to any 
     employee of the Federal Bureau of Investigation described in 
     subsection (b) as if such employee were a law enforcement 
     officer as specified in such section.
       (b) Covered Employees.--An employee of the Federal Bureau 
     of Investigation described in this subsection is any employee 
     of the Federal Bureau of Investigation--
       (1) who uses foreign language skills in support of the 
     analyses, investigations, or operations of the Bureau to 
     protect against international terrorism or clandestine 
     intelligence activities (or maintains foreign language skills 
     for purposes of such support); and
       (2) whom the Director of the Federal Bureau of 
     Investigation, subject to the joint guidance of the Attorney 
     General and the Director of National Intelligence, may 
     designate for purposes of this section.

     SEC. 2442. AUTHORITY TO SECURE SERVICES BY CONTRACT FOR THE 
                   BUREAU OF INTELLIGENCE AND RESEARCH OF THE 
                   DEPARTMENT OF STATE.

       Title I of the State Department Basic Authorities Act of 
     1956 (22 U.S.C. 2651a et seq.) is amended by inserting after 
     section 23 the following new section:


     ``SERVICES BY CONTRACT FOR BUREAU OF INTELLIGENCE AND RESEARCH

       ``Sec. 23A.  (a) Authority To Enter Into Contracts.--The 
     Secretary may enter into contracts with individuals or 
     organizations for the provision of services in support of the 
     mission of the Bureau of Intelligence and Research of the 
     Department of State if the Secretary determines that--
       ``(1) the services to be procured are urgent or unique; and
       ``(2) it would not be practicable for the Department to 
     obtain such services by other means.
       ``(b) Treatment as Employees of the United States 
     Government.--(1) Individuals employed under a contract 
     pursuant to the authority in subsection (a) shall not, by 
     virtue of the performance of services under such contract, be 
     considered employees of the United States Government for 
     purposes of any law administered by the Office of Personnel 
     Management.
       ``(2) The Secretary may provide for the applicability to 
     individuals described in paragraph (1) of any law 
     administered by the Secretary concerning the employment of 
     such individuals.
       ``(c) Contract To Be Appropriate Means of Securing 
     Services.--The chief contracting officer of the Department of 
     State shall ensure that each contract entered into by the 
     Secretary under this section is the appropriate means of 
     securing the services to be provided under such contract.''.

     SEC. 2443. CLARIFICATION OF INCLUSION OF COAST GUARD AND DRUG 
                   ENFORCEMENT ADMINISTRATION AS ELEMENTS OF THE 
                   INTELLIGENCE COMMUNITY.

       Section 3(4) of the National Security Act of 1947 (50 
     U.S.C. 401a(4)) is amended--
       (1) in subparagraph (H)--
       (A) by inserting ``the Coast Guard,'' after ``the Marine 
     Corps,''; and
       (B) by inserting ``the Drug Enforcement Administration,'' 
     after ``the Federal Bureau of Investigation,''; and
       (2) in subparagraph (K), by striking ``, including the 
     Office of Intelligence of the Coast Guard''.

     SEC. 2444. CLARIFYING AMENDMENTS RELATING TO SECTION 105 OF 
                   THE INTELLIGENCE AUTHORIZATION ACT FOR FISCAL 
                   YEAR 2004.

       Section 105(b) of the Intelligence Authorization Act for 
     Fiscal Year 2004 (Public Law 108-177; 117 Stat. 2603; 31 
     U.S.C. 311 note) is amended--
       (1) by striking ``Director of Central Intelligence'' and 
     inserting ``Director of National Intelligence''; and
       (2) by inserting ``or in section 313 of such title,'' after 
     ``subsection (a)),''.

                        TITLE XXV--OTHER MATTERS

     SEC. 2501. TECHNICAL AMENDMENTS TO THE NATIONAL SECURITY ACT 
                   OF 1947.

       The National Security Act of 1947 (50 U.S.C. 401 et seq.) 
     is amended as follows:
       (1) In section 102A (50 U.S.C. 403-1)--
       (A) in subsection (c)(7)(A), by striking ``section'' and 
     inserting ``subsection'';
       (B) in subsection (d)--
       (i) in paragraph (3), by striking ``subparagraph (A)'' in 
     the matter preceding subparagraph (A) and inserting 
     ``paragraph (1)(A)'';
       (ii) in paragraph (5)(A), by striking ``or personnel'' in 
     the matter preceding clause (i); and
       (iii) in paragraph (5)(B), by striking ``or agency 
     involved'' in the second sentence and inserting ``involved or 
     the Director of the Central Intelligence Agency (in the case 
     of the Central Intelligence Agency)'';
       (C) in subsection (l)(2)(B), by striking ``section'' and 
     inserting ``paragraph''; and
       (D) in subsection (n), by inserting ``and Other'' after 
     ``Acquisition''.
       (2) In section 119(c)(2)(B) (50 U.S.C. 404o(c)(2)(B)), by 
     striking ``subsection (h)'' and inserting ``subsection (i)''.
       (3) In section 705(e)(2)(D)(i) (50 U.S.C. 
     432c(e)(2)(D)(i)), by striking ``responsible'' and inserting 
     ``responsive''.

     SEC. 2502. TECHNICAL CLARIFICATION OF CERTAIN REFERENCES TO 
                   JOINT MILITARY INTELLIGENCE PROGRAM AND 
                   TACTICAL INTELLIGENCE AND RELATED ACTIVITIES.

       Section 102A of the National Security Act of 1947 (50 
     U.S.C. 403-1) is amended--
       (1) in subsection (c)(3)(A), by striking ``annual budgets 
     for the Joint Military Intelligence Program and for Tactical 
     Intelligence and Related Activities'' and inserting ``annual 
     budget for the Military Intelligence Program or any successor 
     program or programs''; and
       (2) in subsection (d)(1)(B), by striking ``Joint Military 
     Intelligence Program'' and inserting ``Military Intelligence 
     Program or any successor program or programs''.

[[Page S9177]]

     SEC. 2503. TECHNICAL AMENDMENTS TO THE INTELLIGENCE REFORM 
                   AND TERRORISM PREVENTION ACT OF 2004.

       (a) Amendments to National Security Intelligence Reform Act 
     of 2004.--The National Security Intelligence Reform Act of 
     2004 (title I of Public Law 108-458) is further amended as 
     follows:
       (1) In section 1016(e)(10)(B) (6 U.S.C. 458(e)(10)(B)), by 
     striking ``Attorney General'' the second place it appears and 
     inserting ``Department of Justice''.
       (2) In section 1061 (5 U.S.C. 601 note)--
       (A) in subsection (d)(4)(A), by striking ``National 
     Intelligence Director'' and inserting ``Director of National 
     Intelligence''; and
       (B) in subsection (h), by striking ``National Intelligence 
     Director'' and inserting ``Director of National 
     Intelligence''.
       (3) In section 1071(e), by striking ``(1)''.
       (4) In section 1072(b), by inserting ``Agency'' after 
     ``Intelligence''.
       (b) Other Amendments to Intelligence Reform and Terrorism 
     Prevention Act of 2004.--The Intelligence Reform and 
     Terrorism Prevention Act of 2004 (Public Law 108-458) is 
     amended as follows:
       (1) In section 2001 (28 U.S.C. 532 note)--
       (A) in subsection (c)(1), by inserting ``of'' before ``an 
     institutional culture'';
       (B) in subsection (e)(2), by striking ``the National 
     Intelligence Director in a manner consistent with section 
     112(e)'' and inserting ``the Director of National 
     Intelligence in a manner consistent with applicable law''; 
     and
       (C) in subsection (f), by striking ``shall,'' in the matter 
     preceding paragraph (1) and inserting ``shall''.
       (2) In section 2006 (28 U.S.C. 509 note)--
       (A) in paragraph (2), by striking ``the Federal'' and 
     inserting ``Federal''; and
       (B) in paragraph (3), by striking ``the specific'' and 
     inserting ``specific''.

     SEC. 2504. TECHNICAL AMENDMENTS TO TITLE 10, UNITED STATES 
                   CODE, ARISING FROM ENACTMENT OF THE 
                   INTELLIGENCE REFORM AND TERRORISM PREVENTION 
                   ACT OF 2004.

       (a) References to Head of Intelligence Community.--Title 
     10, United States Code, is amended by striking ``Director of 
     Central Intelligence'' each place it appears in a provision 
     as follows and inserting ``Director of National 
     Intelligence'':
       (1) Section 193(d)(2).
       (2) Section 193(e).
       (3) Section 201(a).
       (4) Section 201(b)(1).
       (5) Section 201(c)(1).
       (6) Section 425(a).
       (7) Section 431(b)(1).
       (8) Section 441(c).
       (9) Section 441(d).
       (10) Section 443(d).
       (11) Section 2273(b)(1).
       (12) Section 2723(a).
       (b) Clerical Amendments.--Such title is further amended by 
     striking ``Director of Central Intelligence'' each place it 
     appears in a provision as follows and inserting ``Director of 
     National Intelligence'':
       (1) Section 441(c).
       (2) Section 443(d).
       (c) Reference to Head of Central Intelligence Agency.--
     Section 444 of such title is amended by striking ``Director 
     of Central Intelligence'' each place it appears and inserting 
     ``Director of the Central Intelligence Agency''.

     SEC. 2505. TECHNICAL AMENDMENT TO THE CENTRAL INTELLIGENCE 
                   AGENCY ACT OF 1949.

       Section 5(a)(1) of the Central Intelligence Agency Act of 
     1949 (50 U.S.C. 403f(a)(1)) is amended by striking 
     ``authorized under paragraphs (2) and (3) of section 102(a), 
     subsections (c)(7) and (d) of section 103, subsections (a) 
     and (g) of section 104, and section 303 of the National 
     Security Act of 1947 (50 U.S.C. 403(a)(2), (3), 403-3(c)(7), 
     (d), 403-4(a), (g), and 405)'' and inserting ``authorized 
     under subsections (d), (e), (f), and (g) of section 104A of 
     the National Security Act of 1947 (50 U.S.C. 403-4a).''.

     SEC. 2506. TECHNICAL AMENDMENTS RELATING TO THE MULTIYEAR 
                   NATIONAL INTELLIGENCE PROGRAM.

       (a) In General.--Subsection (a) of section 1403 of the 
     National Defense Authorization Act for Fiscal Year 1991 (50 
     U.S.C. 404b) is amended--
       (1) in the subsection caption, by striking ``Foreign''; and
       (2) by striking ``foreign'' each place it appears.
       (b) Responsibility of DNI.--That section is further 
     amended--
       (1) in subsections (a) and (c), by striking ``Director of 
     Central Intelligence'' and inserting ``Director of National 
     Intelligence''; and
       (2) in subsection (b), by inserting ``of National 
     Intelligence'' after ``Director''.
       (c) Conforming Amendment.--The heading of that section is 
     amended to read as follows:

     ``SEC. 1403. MULTIYEAR NATIONAL INTELLIGENCE PROGRAM.''.

     SEC. 2507. TECHNICAL AMENDMENTS TO THE EXECUTIVE SCHEDULE.

       (a) Executive Schedule Level II.--Section 5313 of title 5, 
     United States Code, is amended by striking the item relating 
     to the Director of Central Intelligence and inserting the 
     following new item:
       ``Director of the Central Intelligence Agency.''.
       (b) Executive Schedule Level III.--Section 5314 of title 5, 
     United States Code, is amended by striking the item relating 
     to the Deputy Directors of Central Intelligence.
       (c) Executive Schedule Level IV.--Section 5315 of title 5, 
     United States Code, is amended by striking the item relating 
     to the General Counsel of the Office of the National 
     Intelligence Director and inserting the following new item:
       ``General Counsel of the Office of the Director of National 
     Intelligence.''.

     SEC. 2508. TECHNICAL AMENDMENTS RELATING TO REDESIGNATION OF 
                   THE NATIONAL IMAGERY AND MAPPING AGENCY AS THE 
                   NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY.

       (a) Title 5, United States Code.--(1) Title 5, United 
     States Code, is amended by striking ``National Imagery and 
     Mapping Agency'' each place it appears in a provision as 
     follows and inserting ``National Geospatial-Intelligence 
     Agency'':
       (A) Section 2302(a)(2)(C)(ii).
       (B) Section 3132(a)(1)(B).
       (C) Section 4301(1) (in clause (ii)).
       (D) Section 4701(a)(1)(B).
       (E) Section 5102(a)(1) (in clause (x)).
       (F) Section 5342(a)(1) (in clause (K)).
       (G) Section 6339(a)(1)(E).
       (H) Section 7323(b)(2)(B)(i)((XIII).
       (2) Section 6339(a)(2)(E) of such title is amended by 
     striking ``National Imagery and Mapping Agency, the Director 
     of the National Imagery and Mapping Agency'' and inserting 
     ``National Geospatial-Intelligence Agency, the Director of 
     the National Geospatial-Intelligence Agency''.
       (b) Title 44, United States Code.--(1)(A) Section 1336 of 
     title 44, United States Code, is amended by striking 
     ``National Imagery and Mapping Agency'' both places it 
     appears and inserting ``National Geospatial-Intelligence 
     Agency''.
       (B) The heading of such section is amended to read as 
     follows:

     ``Sec. 1336. National Geospatial-Intelligence Agency: special 
       publications''.

       (2) The table of sections at the beginning of chapter 13 of 
     such title is amended by striking the item relating to 
     section 1336 and inserting the following new item:

``1336. National Geospatial-Intelligence Agency: special 
              publications.''.
       (c) Homeland Security Act of 2002.--Section 201(f)(2)(E) of 
     the Homeland Security Act of 2002 (6 U.S.C. 121(f)(2)(E)) is 
     amended by striking ``National Imagery and Mapping Agency'' 
     and inserting ``National Geospatial-Intelligence Agency''.
       (d) Inspector General Act of 1978.--Section 8H of the 
     Inspector General Act of 1978 (5 U.S.C. App.) is amended by 
     striking ``National Imagery and Mapping Agency'' each place 
     it appears and inserting ``National Geospatial-Intelligence 
     Agency''.
       (e) Ethics in Government Act of 1978.--Section 105(a)(1) of 
     the Ethics in Government Act of 1978 (5 U.S.C. App.) is 
     amended by striking ``National Imagery and Mapping Agency'' 
     and inserting ``National Geospatial-Intelligence Agency''.
       (f) Other Acts.--(1) Section 7(b)(2)(A)(i) of the Employee 
     Polygraph Protection Act of 1988 (29 U.S.C. 2006(b)(2)(A)(i)) 
     is amended by striking ``National Imagery and Mapping 
     Agency'' and inserting ``National Geospatial-Intelligence 
     Agency''.
       (2) Section 207(a)(2)(B) of the Legislative Branch 
     Appropriations Act, 1993 (44 U.S.C. 501 note) is amended by 
     striking ``National Imagery and Mapping Agency'' and 
     inserting ``National Geospatial-Intelligence Agency''.

                  DIVISION D--TRANSPORTATION SECURITY

                     TITLE XXXI--MARITIME SECURITY

     SEC. 3101. SHORT TITLE; DEFINITIONS.

       (a) Short Title.--This title may be cited as the ``Maritime 
     Transportation Security Act of 2006''.
       (b) Definitions.--In this title:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means the Committee 
     on Appropriations, the Committee on Commerce, Science, and 
     Transportation, the Committee on Finance, and the Committee 
     on Homeland Security and Governmental Affairs of the Senate, 
     and the Committee on Appropriations, the Committee on 
     Homeland Security, and the Committee on Ways and Means of the 
     House of Representatives.
       (2) Commissioner.--The term ``Commissioner'' means the 
     Commissioner of Customs.
       (3) Department.--The term ``Department'' means the 
     Department of Homeland Security.
       (4) Secretary.--The term ``Secretary'' means the Security 
     of Homeland Security.

     SEC. 3102. INTERAGENCY OPERATIONAL COMMAND CENTERS FOR PORT 
                   SECURITY.

       (a) In General.--Chapter 701 of title 46, United States 
     Code, is amended by inserting after section 70103 the 
     following new section:

     ``Sec. 70103A. Interagency operational command centers for 
       port security

       ``(a) In General.--In order to improve interagency 
     cooperation, unity of command, and the sharing of 
     intelligence information in a common mission to provide 
     greater protection for port and intermodal transportation 
     systems against acts of terrorism, the Secretary, shall 
     establish interagency operational command centers for port 
     security at all high priority ports.
       ``(b) Characteristics.--The interagency operational centers 
     shall--
       ``(1) be based on the most appropriate compositional and 
     operational characteristics of the pilot project interagency 
     operational centers for port security in Miami, Florida, 
     Norfolk/Hampton Roads, Virginia, Charleston, South Carolina, 
     and San Diego, California and the virtual operation center at 
     the port of New York/New Jersey;
       ``(2) be adapted to meet the security needs, requirements, 
     and resources of the individual port area at which each 
     center is operating;

[[Page S9178]]

       ``(3) provide for participation by--
       ``(A) representatives of the United States Customs and 
     Border Protection, Immigration and Customs Enforcement, the 
     Transportation Security Administration, the Department of 
     Defense, the Department of Justice, and other Federal 
     agencies, determined to be appropriate by the Secretary of 
     Homeland Security;
       ``(B) representatives of State and local law enforcement or 
     port security personnel; and
       ``(C) members of the area maritime security committee, as 
     deemed appropriate by the Coast Guard Captain of the Port;
       ``(4) be incorporated in the implementation and 
     administration of--
       ``(A) maritime transportation security plans developed 
     under section 70103 of this title;
       ``(B) maritime intelligence activities under section 70113 
     of this title;
       ``(C) short and long range vessel tracking under sections 
     70114 and 70115 of this title;
       ``(D) secure transportation systems under section 70119 of 
     this title;
       ``(E) the United States Customs and Border Protection's 
     screening and high-risk cargo inspection programs;
       ``(F) the transportation security incident response plans 
     required by section 70104 of this title; and
       ``(G) the execution of the protocols established under 
     sections 3119 and 3120 of the Maritime Transportation 
     Security Act of 2006 and the amendments made by such 
     sections.
       ``(c) Report Requirement.--Nothing in this section relieves 
     the Commandant of the Coast Guard from compliance with the 
     requirements of section 807 of the Coast Guard and Maritime 
     Transportation Act of 2004. The Commandant shall utilize the 
     information developed for the report required by such section 
     807 in carrying out the requirements of this section.
       ``(d) Security Clearance Assistance.--The Secretary may 
     assist non-Federal personnel described in subsection 
     (b)(3)(B) or (C) in obtaining expedited appropriate security 
     clearances and in maintaining their security clearances.
       ``(e) Security Incidents.--During a transportation security 
     incident (as defined in section 70101(6) of this title) 
     involving a port, the Coast Guard Captain of the Port, 
     designated by the Commandant of the Coast Guard, in each 
     joint operations center for maritime security shall act as 
     the incident commander, unless otherwise directed under the 
     National Maritime Transportation Security Plan established 
     under section 70103 of this title or by the President.''.
       (b) Clerical Amendment.--The chapter analysis for chapter 
     701 of title 46, United States Code, is amended by inserting 
     after the item relating to section 70103 the following new 
     item:

``70103A. Interagency operational command centers for port security.''.

       (c) Budget and Cost-Sharing Analysis.--Not later than 180 
     days after the date of the enactment of this Act, the 
     Secretary of the department in which the Coast Guard is 
     operating shall submit to the Committee on Commerce, Science, 
     and Transportation of the Senate, and the Committee on 
     Homeland Security of the House of Representatives, a proposed 
     budget analysis for implementing subsection (a) of section 
     70103A of title 46, United States Code (as added by 
     subsection (a) of this section), including cost-sharing 
     arrangements with other departments and agencies of the 
     Federal Government involved in the interagency operation 
     of the centers established under such section 70101A.

     SEC. 3103. SALVAGE RESPONSE PLAN.

       Section 70103(b)(2) of title 46, United States Code, is 
     amended--
       (1) by redesignating subparagraphs (E) and (F) as 
     subparagraphs (F) and (G), respectively; and
       (2) by inserting after subparagraph (D) the following:
       ``(E) include a salvage response plan--
       ``(i) to identify salvage equipment capable of restoring 
     operational trade capacity; and
       ``(ii) to ensure that the flow of cargo through United 
     States ports is reestablished as efficiently and quickly as 
     possible after a transportation security incident.''.

     SEC. 3104. VESSEL AND FACILITY SECURITY PLANS.

       Section 70103(c)(3) of title 46, United States Code, is 
     amended--
       (1) in subparagraph (E), by striking the ``training, 
     periodic unannounced drills and'';
       (2) by redesignating subparagraphs (F) and (G) as 
     subparagraphs (G) and (H), respectively; and
       (3) by inserting after subparagraph (E) the following new 
     subparagraph:
       ``(F) provide a strategy and timeline for conducting 
     training and periodic unannounced drills for persons on the 
     vessel or at the facility to be carried out under the plan to 
     deter, to the maximum extent practicable, a transportation 
     security incident or a substantial threat of such a 
     transportation security incident;''.

     SEC. 3105. ASSISTANCE FOR FOREIGN PORTS.

       (a) In General.--Section 70109 of title 46, United States 
     Code, is amended--
       (1) by striking the section heading and inserting the 
     following:

     ``Sec. 70109. International cooperation and coordination''; 
       and

       (2) by adding at the end the following:
       ``(c) Foreign Assistance Programs.--
       ``(1) In general.--The Secretary, in consultation with the 
     Secretary of Transportation, the Secretary of State, the 
     Secretary of Energy, and the Commandant of the United States 
     Coast Guard, shall identify foreign assistance programs that 
     could facilitate implementation of port security 
     antiterrorism measures in foreign countries. The Secretary 
     shall establish a strategic plan to utilize the programs that 
     are capable of implementing port security antiterrorism 
     measures at ports in foreign countries that the Secretary 
     finds, under section 70108, to lack effective antiterrorism 
     measures.
       ``(2) Caribbean basin.--The Secretary, in coordination with 
     the Secretary of State and in consultation with the 
     Organization of American States and the Commandant of the 
     United States Coast Guard, shall place particular emphasis on 
     utilizing programs to facilitate the implementation of port 
     security antiterrorism measures at the ports located in the 
     Caribbean Basin, as such ports pose unique security and 
     safety threats to the United States due to--
       ``(A) the strategic location of such ports between South 
     America and United States;
       ``(B) the relative openness of such ports; and
       ``(C) the significant number of shipments of narcotics to 
     the United States that are moved through such ports.
       ``(3) International cargo security standards.--The 
     Secretary, in consultation with the Secretary of State, shall 
     enter into negotiations with foreign governments and 
     international organizations, including the International 
     Maritime Organization, the World Customs Organization, and 
     the International Standards Organization, as appropriate--
       ``(A) to promote standards for the security of containers 
     and other cargo moving within the international supply chain;
       ``(B) to encourage compliance with minimum technical 
     requirements for the capabilities of nonintrusive inspection 
     equipment, including imaging and radiation detection devices, 
     established under the Maritime Transportation Security Act of 
     2006;
       ``(C) to implement the requirements of the container 
     security initiative under section 70117; and
       ``(D) to implement standards and procedures established 
     under section 70119.''.
       (b) Report on Security at Ports in the Caribbean Basin.--
     Not later than 180 days after the date of the enactment of 
     this Act, the Comptroller General of the United States shall 
     submit to the Committee on Commerce, Science, and 
     Transportation of the Senate, the Committee on Transportation 
     and Infrastructure of the House of Representatives, and the 
     Committee on Homeland Security of the House of 
     Representatives a report on the security of ports in the 
     Caribbean Basin. The report--
       (1) shall include--
       (A) an assessment of the effectiveness of the measures 
     employed to improve security at ports in the Caribbean Basin 
     and recommendations for any additional measures to improve 
     such security;
       (B) an estimate of the number of ports in the Caribbean 
     Basin that will not be secured by July 1, 2007, and an 
     estimate of the financial impact in the United States of any 
     action taken pursuant to section 70110 of title 46, United 
     States Code, that affects trade between such ports and the 
     United States; and
       (C) an assessment of the additional resources and program 
     changes that are necessary to maximize security at ports in 
     the Caribbean Basin; and
       (2) may be submitted in both classified and redacted 
     formats.
       (c) Conforming Amendment.--The chapter analysis for chapter 
     701 of title 46, United States Code, is amended by striking 
     the item relating to section 70901 and inserting the 
     following:

``70901. International cooperation and coordination''.

     SEC. 3106. PORT SECURITY GRANTS.

       (a) Basis for Grants.--Section 70107(a) of title 46, United 
     States Code, is amended by striking ``for making a fair and 
     equitable allocation of funds'' and inserting ``based on risk 
     and vulnerability''.
       (b) Letters of Intent.--Section 70107(e) of title 46, 
     United States Code, is amended by adding at the end the 
     following:
       ``(5) Letters of intent.--The Secretary may execute letters 
     of intent to commit funding for eligible costs. Not more than 
     20 percent of the grant funds awarded under this subsection 
     in any fiscal year may be awarded for projects that span 
     multiple years.''.

     SEC. 3107. OPERATION SAFE COMMERCE.

       Section 70107 of title 46, United States Code, is amended 
     by adding at the end the following new subsection:
       ``(j) Operation Safe Commerce.--
       ``(1) In general.--Not later than 1 year after the date of 
     the enactment of the Maritime Transportation Security Act of 
     2006, the Secretary shall initiate grant projects that--
       ``(A) integrate nonintrusive inspection and radiation 
     detection equipment with automatic identification methods for 
     containers, vessels, and vehicles;
       ``(B) test physical access control protocols and 
     technologies;
       ``(C) create a data sharing network capable of transmitting 
     data required by entities participating in the international 
     supply chain from every intermodal transfer point to the 
     National Targeting Center of the Department; and
       ``(D) otherwise further maritime and cargo security, as 
     determined by the Secretary.
       ``(2) Supply chain security for special container and 
     noncontainerized cargo.--

[[Page S9179]]

     The Secretary shall consider demonstration projects that 
     further the security of the international supply chain for 
     special container cargo, including refrigerated containers, 
     and noncontainerized cargo, including roll-on/roll-off, 
     break-bulk, liquid, and dry bulk cargo.
       ``(3) Annual report.--Not later than March 1 of each year, 
     the Secretary shall submit a report detailing the results of 
     Operation Safe Commerce to--
       ``(A) the Committee on Commerce, Science, and 
     Transportation of the Senate;
       ``(B) the Committee on Homeland Security and Government 
     Affairs of the Senate;
       ``(C) the Committee on Homeland Security of the House of 
     Representatives;
       ``(D) the Committee on Appropriations of the Senate; and
       ``(E) the Committee on Appropriations of the House of 
     Representatives.''.

     SEC. 3108. PORT SECURITY TRAINING PROGRAM.

       (a) In General.--The Secretary, acting through the 
     Assistant Secretary for Grants and Training and in 
     coordination with components of the Department with maritime 
     security expertise, including the Coast Guard, the 
     Transportation Security Administration, and United States 
     Customs and Border Protection, shall establish a Port 
     Security Training Program (in this section referred to as the 
     ``Program'') for the purpose of enhancing the capabilities of 
     each commercial seaports in the United States to prevent, 
     prepare for, respond to, mitigate against, and recover from 
     threatened or actual acts of terrorism, natural disasters, 
     and other emergencies.
       (b) Requirements.--The Program shall provide validated 
     training that--
       (1) reaches multiple disciplines, including Federal, State, 
     and local government officials, commercial seaport personnel 
     and management, and governmental and nongovernmental 
     emergency response providers;
       (2) provides training at the awareness, performance, and 
     management and planning levels;
       (3) utilizes multiple training mediums and methods, 
     including--
       (A) direct delivery;
       (B) train-the-trainer;
       (C) computer-based training;
       (D) web-based training; and
       (E) video teleconferencing;
       (4) addresses port security topics, including--
       (A) seaport security plans and procedures, including how 
     security plans and procedures are adjusted when threat levels 
     increase;
       (B) seaport security force operations and management;
       (C) physical security and access control at seaports;
       (D) methods of security for preventing and countering cargo 
     theft;
       (E) container security;
       (F) recognition and detection of weapons, dangerous 
     substances, and devices;
       (G) operation and maintenance of security equipment and 
     systems;
       (H) security threats and patterns;
       (I) security incident procedures, including procedures for 
     communicating with governmental and nongovernmental emergency 
     response providers; and
       (J) evacuation procedures;
       (5) is consistent with, and supports implementation of, the 
     National Incident Management System, the National Response 
     Plan, the National Infrastructure Protection Plan, the 
     National Preparedness Guidance, the National Preparedness 
     Goal, the National Maritime Transportation Security Plan and 
     other such national initiatives;
       (6) is evaluated against clear and consistent performance 
     measures;
       (7) addresses security requirements under facility security 
     plans; and
       (8) educates, trains, and involves populations of at-risk 
     neighborhoods around ports, including training on an annual 
     basis for neighborhoods to learn what to be watchful for in 
     order to be a ``citizen corps'', if necessary.
       (c) National Voluntary Consensus Standards.--The Secretary 
     shall--
       (1) support the development, promulgation, and regular 
     updating as necessary of national voluntary consensus 
     standards for port security training; and
       (2) ensure that the training provided under this section is 
     consistent with such standards.
       (d) Training Partners.--In developing and delivering 
     training under the Program, the Secretary shall--
       (1) work with government training facilities, academic 
     institutions, private organizations, employee organizations, 
     and other entities that provide specialized, state-of-the-art 
     training for governmental and nongovernmental emergency 
     responder providers or commercial seaport personnel and 
     management; and
       (2) utilize, as appropriate, training courses provided by 
     community colleges, public safety academies, State and 
     private universities, and other facilities.
       (e) Consultation.--The Secretary shall ensure that, in 
     carrying out the Program, the Office of Grants and Training 
     consults with commercial seaport personnel and management.
       (f) Commercial Seaport Personnel Defined.--For purposes of 
     this section, the term ``commercial seaport personnel'' means 
     any person engaged in an activity relating to the loading or 
     unloading of cargo, the movement or tracking of cargo, the 
     maintenance and repair of intermodal equipment, the operation 
     of cargo-related equipment (whether or not integral to the 
     vessel), and the handling of mooring lines on the dock when a 
     vessel is made fast or let go, in the United States or the 
     coastal waters thereof.

     SEC. 3109. PORT SECURITY EXERCISE PROGRAM.

       (a) In General.--The Secretary shall establish a Port 
     Security Exercise Program (in this section referred to as the 
     ``Program'') for the purpose of testing and evaluating the 
     capabilities of Federal, State, local, and foreign 
     governments, commercial seaport personnel and management, 
     governmental and nongovernmental emergency response 
     providers, the private sector, or any other organization or 
     entity, as the Secretary determines to be appropriate, to 
     prevent, prepare for, mitigate against, respond to, and 
     recover from acts of terrorism, natural disasters, and other 
     emergencies at commercial seaports.
       (b) Requirements.--The Secretary, acting through the 
     Assistant Secretary for Grants and Training and in 
     coordination with components of the Department with maritime 
     security expertise, including the Coast Guard, the 
     Transportation Security Administration, and United States 
     Customs and Border Protection, shall ensure that the 
     Program--
       (1) consolidates all existing port security exercise 
     programs administered by the Department;
       (2) conducts, on a periodic basis, port security exercises 
     at commercial seaports that are--
       (A) scaled and tailored to the needs of each port;
       (B) live in the case of the most at-risk ports;
       (C) as realistic as practicable and based on current risk 
     assessments, including credible threats, vulnerabilities, and 
     consequences;
       (D) consistent with the National Incident Management 
     System, the National Response Plan, the National 
     Infrastructure Protection Plan, the National Preparedness 
     Guidance, the National Preparedness Goal, the National 
     Maritime Transportation Security Plan and other such national 
     initiatives;
       (E) evaluated against clear and consistent performance 
     measures;
       (F) assessed to learn best practices, which shall be shared 
     with appropriate Federal, State, and local officials, seaport 
     personnel and management; governmental and nongovernmental 
     emergency response providers, and the private sector; and
       (G) followed by remedial action in response to lessons 
     learned; and
       (3) assists State and local governments and commercial 
     seaports in designing, implementing, and evaluating exercises 
     that--
       (A) conform to the requirements of paragraph (2); and
       (B) are consistent with any applicable Area Maritime 
     Transportation Security Plan and State or Urban Area Homeland 
     Security Plan.
       (c) Remedial Action Management System.--The Secretary, 
     acting through the Assistant Secretary for Grants and 
     Training, shall establish a Remedial Action Management System 
     to--
       (1) identify and analyze each port security exercise for 
     lessons learned and best practices;
       (2) disseminate lessons learned and best practices to 
     participants in the Program;
       (3) monitor the implementation of lessons learned and best 
     practices by participants in the Program; and
       (4) conduct remedial action tracking and long-term trend 
     analysis.
       (d) Grant Program Factor.--In evaluating and prioritizing 
     applications for the port security grant program under 
     section 70107 of title 46, United States Code, the Secretary 
     shall give additional consideration to those applicants that 
     have conducted port security exercises under this section.
       (e) Consultation.--The Secretary shall ensure that, in 
     carrying out the Program, the Office of Grants and Training 
     consults with--
       (1) governmental and nongovernmental emergency response 
     providers; and
       (2) commercial seaport personnel and management.
       (f) Commercial Seaport Personnel Defined.--For purposes of 
     this section, the term ``commercial seaport personnel'' means 
     any person engaged in an activity relating to the loading or 
     unloading of cargo, the movement or tracking of cargo, the 
     maintenance and repair of intermodal equipment, the operation 
     of cargo-related equipment (whether or not integral to the 
     vessel), and the handling of mooring lines on the dock when a 
     vessel is made fast or let go, in the United States or the 
     coastal waters thereof.

     SEC. 3110. INSPECTION OF CAR FERRIES ENTERING FROM CANADA.

       Not later than 120 days after the date of the enactment of 
     this Act, the Secretary of Homeland Security, acting through 
     the Commissioner of Customs, in coordination with the 
     Secretary of State, and their Canadian counterparts, shall 
     develop a plan for the inspection of passengers and vehicles 
     before such passengers board, or such vehicles are loaded 
     onto, a ferry bound for a United States port.

     SEC. 3111. DEADLINE FOR TRANSPORTATION WORKER IDENTIFICATION 
                   CREDENTIAL SECURITY CARDS.

       Section 70105(a) of title 46, United States Code, is 
     amended by adding at the end the following:
       ``(3) The Secretary shall--
       ``(A) promulgate a final rule to implement this section not 
     later than January 1, 2007;

[[Page S9180]]

       ``(B) conduct a complete review of the biometric card 
     readers not later than 90 days after the promulgation of such 
     rule; and
       ``(C) implement this section not later than July 1, 
     2007.''.

     SEC. 3112. PORT SECURITY USER FEE STUDY.

       The Secretary of Homeland Security, in consultation with 
     the Secretary of the Treasury and the United States Trade 
     Representative, shall conduct a study of the need for, and 
     feasibility of, establishing a system of oceanborne and port-
     related intermodal transportation user fees that could be 
     imposed and collected as a dedicated revenue source, on a 
     temporary or continuing basis, to provide necessary funding 
     for the improvement and maintenance of enhanced port 
     security. Not later than 1 year after date of the enactment 
     of this Act, the Secretary shall submit a report to the 
     appropriate congressional committees that--
       (1) contains the Secretary's findings, conclusions, and 
     recommendations (including legislative recommendations if 
     appropriate) regarding implementation of user fees;
       (2) includes an assessment of the annual amount of customs 
     fees and duties collected through oceanborne and port-related 
     transportation and the amount and percentage of such fees and 
     duties that are dedicated to improving and maintaining 
     security;
       (3) includes an assessment of the impact of the fees, 
     charges, and standards on the competitiveness of United 
     States ports and port terminal operators; and
       (4) includes recommendations for addressing any negative 
     impact the fees, charges, and standards have on the 
     competitiveness of United States ports and port terminal 
     operators.

     SEC. 3113. UNANNOUNCED INSPECTIONS OF MARITIME FACILITIES.

       Subparagraph (D) of section 70103(c)(4) of title 46, United 
     States Code, is amended to read as follows:
       ``(D) verify the effectiveness of each such facility 
     security plan periodically, not less than twice annually, at 
     least one of which shall be an inspection of the facility 
     that is conducted without notice to the facility.''.

     SEC. 3114. FOREIGN PORT ASSESSMENTS.

       Section 70108 of title 46, United States Code, is amended 
     by adding at the end the following:
       ``(d) Periodic Reassessment.--The Secretary shall reassess 
     the effectiveness of antiterrorism measures maintained at 
     ports as described under subsection (a) and of procedures 
     described in subsection (b) not less than every 3 years.''.

     SEC. 3115. PILOT PROGRAM TO IMPROVE THE SECURITY OF EMPTY 
                   CONTAINERS.

       (a) In General.--The Secretary, acting through the 
     Commissioner of Customs, shall conduct a 1-year pilot program 
     to evaluate and improve the security of empty containers at 
     United States seaports to ensure the safe and secure delivery 
     of cargo and to prevent potential acts of terrorism involving 
     such containers. The pilot program shall include the use of 
     visual searches of empty containers at United States 
     seaports.
       (b) Report.--Not later than 90 days after the completion of 
     the pilot program under paragraph (1), the Secretary shall 
     prepare and submit to the appropriate congressional 
     committees a report that contains--
       (1) the results of pilot program; and
       (2) the determination of the Secretary whether or not to 
     expand the pilot program.

     SEC. 3116. DOMESTIC RADIATION DETECTION AND IMAGING.

       (a) Examining Containers.--Not later than December 31, 
     2007, all containers entering the United States through the 
     busiest 22 seaports of entry shall be examined for radiation.
       (b) Strategy.--The Secretary shall develop a strategy for 
     the deployment of radiation detection capabilities that 
     includes--
       (1) a risk-based prioritization of ports of entry at which 
     radiation detection equipment will be deployed;
       (2) a proposed time line of when radiation detection 
     equipment will be deployed at each of the ports of entry 
     identified under paragraph (1);
       (3) the type of equipment to be used at each of the ports 
     of entry identified under paragraph (1), including the joint 
     deployment and utilization of radiation detection equipment 
     and nonintrusive imaging equipment;
       (4) standard operating procedures for examining containers 
     with such equipment, including sensor alarming, networking 
     and communications and response protocols;
       (5) operator training plans;
       (6) the Department policy for the use of nonintrusive 
     inspection equipment; and
       (7) a classified annex that--
       (A) details plans for covert testing; and
       (B) outlines the risk-based prioritization of ports of 
     entry used under paragraph (1).
       (c) Report.--Not later than 90 days after the date of the 
     enactment of this Act, the Secretary shall submit the 
     strategy developed under subsection (b) to appropriate 
     congressional committees.
       (d) Other WMD Threats.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary shall submit 
     a strategy for the deployment of equipment to detect 
     chemical, biological, and other weapons at all ports of entry 
     into the United States to appropriate congressional 
     committees.
       (e) Implementation.--Not later than 2 years after the date 
     of the enactment of this Act, the Secretary shall fully 
     implement the strategy developed under subsection (b).

     SEC. 3117. EVALUATION OF THE ENVIRONMENTAL HEALTH AND SAFETY 
                   IMPACTS OF NONINTRUSIVE INSPECTION TECHNOLOGY.

       (a) Radiation Safety.--Not later than 90 days after the 
     date of the enactment of this Act, the Director of the 
     National Institutes of Health, in conjunction with the 
     Director of the Domestic Nuclear Detection Office and the 
     Commissioner of Customs, shall--
       (1) conduct an evaluation of the health and safety impacts 
     of non-intrusive inspection technology; and
       (2) identify appropriate operational protocols for the use 
     of United States Customs and Border Protection non-intrusive 
     inspection equipment.
       (b) Submission to Congress.--The final evaluation conducted 
     under subsection (a) shall be transmitted to the appropriate 
     congressional committees not later than 180 days after the 
     date of the enactment of this Act.

     SEC. 3118. AUTHORIZATION FOR CUSTOMS AND BORDER PROTECTION 
                   PERSONNEL.

       The Act of February 13, 1911 (36 Stat. 901, chapter 46; 19 
     U.S.C. 267) is amended by inserting after section 5 the 
     following new section:

     ``SEC. 5A. AUTHORIZATION FOR CUSTOMS AND BORDER PROTECTION 
                   PERSONNEL.

       ``(a) In General.--In addition to any monies hereafter 
     appropriated to the United States Customs and Border 
     Protection of the Department of Homeland Security, there are 
     authorized to be appropriated for the purpose of increasing 
     the number of Customs and Border Protection personnel, to 
     remain available until expended, the following:
       ``(1) $88,000,000 in fiscal year 2007.
       ``(2) $176,000,000 in fiscal year 2008.
       ``(3) $189,000,000 in fiscal year 2009.
       ``(b) Additional Personnel.--The additional personnel 
     authorized under subsection (a) shall include:
       ``(1) 1,000 additional Customs and Border Protection 
     Officers at United States ports of entry, of which the 
     Commissioner of Customs shall assign--
       ``(A) at least 1 additional officer at each port of entry 
     in the United States; and
       ``(B) the balance of the additional officers authorized by 
     this subsection among ports of entry in the United States 
     based upon the volume of trade.
       ``(2) 100 nonsupervisory import specialists for the purpose 
     of performing trade facilitation and enforcement functions.
       ``(c) Resource Allocation Model.--Not later than 1 year 
     after the date of the enactment of this Act, and every 2 
     years thereafter, the Commissioner of Customs shall prepare 
     and submit to the Committee on Finance of the Senate and the 
     Committee on Ways and Means of the House of Representatives a 
     Resource Allocation Model to determine the optimal staffing 
     levels required to carry out the commercial operations of the 
     United States Customs and Border Protection, including 
     inspection and cargo clearance and the revenue functions 
     described in section 412(b)(2) of the Homeland Security Act 
     of 2002 (6 U.S.C. 212(b)(2)). The model shall comply with the 
     requirements of section 412(b)(1) of such Act and shall take 
     into account previous staffing models and historic and 
     projected trade volumes and trends. The Resource Allocation 
     Model shall apply both risk-based and random sampling 
     approaches for determining adequate staffing needs for 
     priority trade functions, including--
       ``(1) performing revenue functions;
       ``(2) enforcing antidumping and countervailing laws;
       ``(3) protecting intellectual property rights;
       ``(4) enforcing provisions of law relating to textiles;
       ``(5) conducting agricultural inspections; and
       ``(6) enforcing penalties.''.

     SEC. 3119. STRATEGIC PLAN.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary, in consultation 
     with appropriate Federal, State, local, and tribal government 
     agencies, public port authorities, and private sector 
     stakeholders responsible for security matters that affect or 
     relate to the movement of containers through the 
     international supply chain, shall submit, to appropriate 
     congressional committees, a comprehensive strategic plan to 
     enhance international supply chain.
       (b) Content.--The strategic plan submitted under subsection 
     (a) shall--
       (1) clarify and delineate the roles, responsibilities, and 
     authorities of Federal, State, local, and tribal government 
     agencies and private sector stakeholders that relate to the 
     security of the movement of containers arriving in, departing 
     from, or moving through seaports of the United States;
       (2) provide measurable goals, including objectives, 
     mechanisms, and a schedule, for furthering the security of 
     commercial operations from point of origin to point of 
     destination;
       (3) build on available resources and consider costs and 
     benefits;
       (4) identify mandatory, baseline security goals, and the 
     minimum container security standards and procedures;
       (5) include a process for sharing intelligence and 
     information with private sector stakeholders to assist in 
     their security efforts;
       (6) identify a framework for prudent and measured response 
     in the event of a transportation security incident (as 
     defined in section 70101 of title 46, United States Code,) in 
     a United States seaport;

[[Page S9181]]

       (7) provide a plan for the expeditious resumption of the 
     flow of legitimate trade in accordance with the amendments 
     made by section 3120 of this Act;
       (8) focus on the secure movement of containerized cargo;
       (9) consider the linkages between supply chain security and 
     security programs within other systems of movement, including 
     travel security and terrorist financing programs;
       (10) expand upon and relate to existing strategies and 
     plans, including the National Strategy for Maritime Security 
     and the National Maritime Transportation Security Plan; and
       (11) ensure that supply chain security mandates and 
     voluntary programs, to the extent practicable, provide even-
     handed treatment for affected parties of the same type, 
     regardless of the size of the particular business.
       (c) Update.--Not less than 3 years after the strategic plan 
     is submitted under subsection (a), the Secretary shall submit 
     an update of the strategic plan to appropriate congressional 
     committees.
       (d) Consultations.--Consultations described in subsection 
     (a) shall focus on--
       (1) designing measurable goals, including objectives, 
     mechanisms, and a schedule, for furthering the security of 
     the international supply chain;
       (2) identifying and addressing gaps in capabilities, 
     responsibilities, resources, or authorities;
       (3) identifying and streamlining unnecessary overlaps in 
     capabilities, responsibilities, or authorities; and
       (4) identifying and making recommendations regarding 
     legislative, regulatory, and organizational changes necessary 
     to improve coordination among the entities or to enhance the 
     security of the international supply chain.
       (e) Utilization of Advisory Committees.--As part of the 
     consultative process, the Secretary shall utilize the 
     Homeland Security Advisory Committee, the National Maritime 
     Security Advisory Committee, and the Commercial Operations 
     Advisory Committee to review the draft strategic plan and any 
     subsequent update to that plan.
       (f) International Standards and Practices.--In furtherance 
     of the strategic plan, the Secretary is encouraged to 
     consider proposed or established standards and practices of 
     foreign governments and international organizations, 
     including, as appropriate, the International Maritime 
     Organization, the World Customs Organization, the 
     International Labor Organization, and the International 
     Organization for Standardization to establish standards and 
     best practices for the security of containers moving through 
     the international supply chain.

     SEC. 3120. RESUMPTION OF TRADE.

       (a) Section 70103(a)(2)(J) of title 46, United States Code, 
     is amended by inserting after the end period: ``The plan 
     shall provide, to the extent practicable, preference in the 
     reestablishment of the flow of cargo through United States 
     ports after a transportation security incident to--
       ``(i) vessels that have a vessel security plan approved 
     under subsection (c) or vessels that have a valid 
     international ship security certificate; and
       ``(ii) vessels manned by individuals who are described in 
     section 70105(b)(2)(B) and who have undergone a background 
     records check under section 70105(d) or who hold 
     transportation security cards issued under section 70105.''.
       (b) Title III of the Tariff Act of 1930 is amended by 
     inserting after section 318 the following new section:

     ``SEC. 318A. TRADE RESUMPTION PLAN.

       ``(a) Definitions.--In this section:
       ``(1) Inspection.--The term `inspection' means the 
     comprehensive process used by the personnel of the United 
     States Customs and Border Protection to assess goods entering 
     the United States for duty purposes, to detect the presence 
     of restricted or prohibited items, or to ensure compliance 
     with applicable laws. The process may include screening, 
     conducting an examination, or conducting a search.
       ``(2) Targeting.--The term `targeting' means the process 
     used by the personnel of the United States Customs and Border 
     Protection to determine the risk of security or trade 
     violations associated with cargo bound for the United States.
       ``(3) Transportation disruption.--The term `transportation 
     disruption' means any significant delay, interruption, or 
     stoppage in the flow of international trade caused by a 
     natural disaster, labor dispute, heightened threat level, an 
     act of terrorism, or any transportation security incident 
     defined in section 1572.3 of title 49, Code of Federal 
     Regulations.
       ``(b) Trade Resumption Plan.--Not later than 1 year after 
     the date of the enactment of this Act, the Commissioner of 
     Customs shall develop a Trade Resumption Plan to provide for 
     the resumption of trade in the event of a transportation 
     disruption. The Plan shall include--
       ``(1) a program to redeploy resources and personnel, as 
     necessary, to reestablish the flow of international trade in 
     the event of a transportation disruption;
       ``(2) a training program to periodically instruct personnel 
     of the United States Customs and Border Protection in trade 
     resumption functions in the event of a transportation 
     disruption;
       ``(3) a plan to revise cargo targeting and inspection 
     protocols to meet the security and trade facilitation needs 
     of the United States following a transportation disruption, 
     including, to the extent practicable, giving priority to--
       ``(A) cargo originating from a designated port described in 
     section 629(j);
       ``(B) cargo that has been handled, stored, shipped, and 
     imported by, or otherwise processed by, a tier 3 participant 
     in the Customs-Trade Partnership Against Terrorism (C-TPAT);
       ``(C) cargo that has undergone nuclear or radiological 
     detection scan, x-ray or density scan, and optical character 
     recognition scan, at the last port of departure prior to 
     arrival in the United States;
       ``(D) cargo transported in containers with tamper-proof 
     seals;
       ``(E) perishable cargo; and
       ``(F) any other cargo the Commissioner considers 
     appropriate;
       ``(4) a plan to communicate any revised procedures or 
     instructions to the private sector following a transportation 
     disruption; and
       ``(5) a plan to coordinate trade facilitation efforts among 
     affected ports of entry following a transportation 
     disruption.
       ``(c) Consultations.--
       ``(1) In general.--The Commissioner of Customs shall 
     consult with appropriate government agencies, port 
     authorities, terminal operators, and the Customs Commercial 
     Operations Advisory Committee (COAC) in the development of 
     the Trade Resumption Plan.
       ``(2) Public comment.--The Commissioner of Customs shall 
     afford port authorities, terminal operators, and the COAC 60 
     days in which to comment on a draft Trade Resumption Plan 
     before finalizing such plan.
       ``(d) Exercises.--The Commissioner of Customs shall 
     coordinate annual exercises with appropriate Federal, State, 
     and local agencies, port authorities, terminal operators, and 
     tier 3 participants in the C-TPAT to practice and prepare for 
     implementation of the Trade Resumption Plan. Such exercises 
     shall be coordinated with the Coast Guard's area maritime 
     security plan exercises.
       ``(e) Report and Consultation.--Not later than 180 days 
     after the date that the annual exercises described in 
     subsection (d) are completed, the Commissioner of Customs 
     shall submit a report to the Committee on Finance of the 
     Senate and the Committee on Ways and Means of the House of 
     Representatives on the status of the Trade Resumption Plan 
     required by subsection (b) and the result of exercises 
     required by subsection (d), and shall consult with the 
     committees regarding any proposals to revise the Plan.''.

     SEC. 3121. AUTOMATED TARGETING SYSTEM.

       Title III of the Tariff Act of 1930, as added by section 
     3120 of this Act, is amended by inserting after section 318A 
     the following:

     ``SEC. 318B. AUTOMATED TARGETING SYSTEM.

       ``(a) In General.--The Secretary of Homeland Security, 
     acting through the Commissioner of Customs, shall develop and 
     maintain an antiterrorism cargo identification and screening 
     system for containerized cargo shipped to the United States 
     either directly or via a foreign port to assess imports and 
     target those imports that pose a high risk of containing 
     contraband.
       ``(b) 24-Hour Advance Notification.--In order to provide 
     the best possible data for the Automated Targeting System, 
     the Commissioner shall require importers shipping goods to 
     the United States via cargo container to supply advanced 
     trade data or a subset thereof not later than 24 hours before 
     loading a container under the advance notification 
     requirements under section 484(a)(2). The requirement shall 
     apply to goods entered on or after July 1, 2007.
       ``(c) New or Expanded Information Submissions.--
       ``(1) In general.--Any additional information submissions 
     allowable within the Commissioner's existing authority or 
     submitted voluntarily by supply chain participants shall be 
     transmitted in a secure fashion, as determined by the 
     Commissioner and in accordance with this subsection, to 
     protect the information from unauthorized access.
       ``(2) Confidentiality of information.--Information that is 
     required of, or voluntarily submitted by, supply chain 
     participants to the United States Customs and Border 
     Protection for purposes of this section--
       ``(A) shall be exempt from disclosure under section 552 of 
     title 5, United States Code (commonly referred to as the 
     Freedom of Information Act);
       ``(B) shall not, without the written consent of the person 
     or entity submitting such information, be used directly by 
     the Department or a third party, in any civil action arising 
     under Federal or State law if such information is submitted 
     in good faith; and
       ``(C) shall not, without the written consent of the person 
     or entity submitting such information, be used or disclosed 
     by any officer or employee of the United States for purposes 
     other than the purposes of this section, except--
       ``(i) in furtherance of an investigation or other 
     prosecution of a criminal act; or
       ``(ii) when disclosure of the information would be--

       ``(I) to either House of Congress, or to the extent of 
     matter within its jurisdiction, any committee or subcommittee 
     thereof, any joint committee thereof or subcommittee of any 
     such joint committee; or
       ``(II) to the Comptroller General, or any authorized 
     representative of the Comptroller General, in the course of 
     the performance of the duties of the Comptroller General.

       ``(3) Independently obtained information.--Nothing in this 
     subsection shall be

[[Page S9182]]

     construed to limit or otherwise affect the ability of a 
     Federal, State, or local, government entity, under applicable 
     law, to obtain supply chain security information, including 
     any information lawfully and properly disclosed generally or 
     broadly to the public and to use such information in any 
     manner permitted by law.
       ``(4) Penalties.--Any person who is an officer or employee 
     of the United States and knowingly publishes, divulges, 
     discloses, or makes known in any manner or to any extent not 
     authorized by law, any supply chain security information 
     protected in this section from disclosure, shall be--
       ``(A) fined under title 18, United States Code, imprisoned 
     not more than 1 year, or both; and
       ``(B) removed from office or employment.
       ``(5) Authority to issue warnings.--The Secretary may 
     provide advisories, alerts, and warnings to relevant 
     companies, targeted sectors, other governmental entities, or 
     the general public regarding potential risks to the supply 
     chain as appropriate. In issuing a warning under this 
     paragraph, the Secretary shall take appropriate actions to 
     protect from disclosure--
       ``(A) the source of any voluntarily submitted supply chain 
     security information that forms the basis for the warning; 
     and
       ``(B) information that is proprietary, business sensitive, 
     relates specifically to the submitting person or entity, or 
     is otherwise not appropriately in the public domain.
       ``(6) System improvements.--The Automated Targeting System 
     used by the United States Customs and Border Protection to 
     identify cargo for increased inspection prior to the 
     clearance of such cargo into the United States shall include 
     a component to permit--
       ``(A) the electronic comparison of similar manifest and 
     available entry data for cargo entered into or bound for the 
     United States, in order to efficiently identify cargo for 
     increased inspection or expeditious release following a 
     transportation disruption; and
       ``(B) the electronic isolation of select data elements 
     relating to cargo entered into or bound for the United 
     States, in order to efficiently identify cargo for increased 
     inspection or expeditious release following a transportation 
     disruption.
       ``(d) Authorization of Appropriations.--
       ``(1) In general.--There are authorized to be appropriated 
     to the Secretary of Homeland Security to carry out the 
     Automated Targeting System to identify high-risk oceanborne 
     container cargo for inspection--
       ``(A) $30,700,000 for fiscal year 2007;
       ``(B) $33,200,000 for fiscal year 2008; and
       ``(C) $35,700,000 for fiscal year 2009.
       ``(2) Supplement.--The amounts authorized by this 
     subsection shall be in addition to any other amounts 
     authorized to be appropriated to carry out that the Automated 
     Targeting System.''.

     SEC. 3122. CONTAINER SECURITY INITIATIVE.

       (a) Authorization.--The Secretary, acting through the 
     Commissioner of Customs, is authorized to establish and 
     implement a program (to be known as the ``Container Security 
     Initiative'' or ``CSI'') to identify and examine maritime 
     containers that pose a security risk at foreign ports before 
     the containers are shipped to the United States.
       (b) Assessment.--Before the Secretary designates any 
     foreign port under CSI, the Secretary, in coordination with 
     other Federal officials, as appropriate, shall conduct an 
     assessment of the port to evaluate the costs, benefits, and 
     other factors associated with such designation, including--
       (1) the level of risk for the potential compromise of 
     containers by terrorists or terrorist weapons;
       (2) the smuggling of narcotics;
       (3) large scale violations of united States trade laws, 
     including intellectual property rights and textile 
     transshipment;
       (4) the economic impact of cargo traveling from the foreign 
     port to the United States in terms of trade value and volume;
       (5) the results of the Coast Guard assessments conducted 
     pursuant to section 70108 of title 46, United States Code;
       (6) the capabilities and level of cooperation expected of 
     the government of the intended host country;
       (7) the willingness of the government of the intended host 
     country to permit validation of security practices within the 
     country in which the foreign port is located, for the 
     purposes of C-TPAT or similar programs; and
       (8) the potential for C-TPAT cargo traveling through the 
     foreign port.
       (c) Annual Report.--Not later than March 1 of each year in 
     which the Secretary proposes to designate a foreign port 
     under CSI, the Secretary shall submit a report, in classified 
     or unclassified form, detailing the assessment of each 
     foreign port the Secretary is considering designating under 
     CSI, to appropriate congressional committees.
       (d) Current CSI Ports.--The report under subsection (c) 
     shall include an annual assessment justifying the continuance 
     of each port designated under CSI as of the date of enactment 
     of this Act.
       (e) Designation of New Ports.--The Secretary shall not 
     designate a foreign port under CSI unless the Secretary has 
     completed the assessment required in subsection (b) for that 
     port and submitted a report under subsection (c) that 
     includes that port.
       (f) Negotiations.--The Secretary may request that the 
     Secretary of State, in conjunction with the United States 
     Trade Representative, enter into trade negotiations with the 
     government of each foreign country with a port designated 
     under CSI, as appropriate, to ensure full compliance with the 
     requirements under CSI.
       (g) Inspections.--
       (1) Requirements and procedures.--The Secretary shall--
       (A) establish technical capability requirements and 
     standard operating procedures for the use of nonintrusive 
     inspection and radiation detection equipment in conjunction 
     with CSI;
       (B) require that the equipment operated at each port 
     designated under CSI be operated in accordance with the 
     requirements and procedures established under subparagraph 
     (A); and
       (C) continually monitor the technologies, processes, and 
     techniques used to inspect cargo at ports designated under 
     CSI.
       (2) Considerations.--
       (A) Consistency of standards and procedures.--In 
     establishing the technical capability requirements and 
     standard operating procedures under paragraph (1)(A), the 
     Secretary shall take into account any such relevant standards 
     and procedures utilized by other Federal departments or 
     agencies as well as those developed by international bodies.
       (B) Applicability.--The technical capability requirements 
     and standard operating procedures established pursuant to 
     paragraph (1)(A) shall not apply to activities conducted 
     under the Megaports Initiative of the Department of Energy.
       (3) Foreign assistance.--
       (A) In general.--The Secretary, in coordination with the 
     Secretary of State, the Secretary of Energy, and other 
     Federal agencies, shall identify foreign assistance programs 
     that could facilitate the implementation of cargo security 
     antiterrorism measures at ports designated under CSI and 
     foreign ports not designated under CSI that lack effective 
     antiterrorism measures.
       (B) Acquisition.--The Secretary may--
       (i) lease, loan, provide, or otherwise assist in the 
     deployment of non-intrusive inspection and handheld radiation 
     detection equipment at foreign seaports under such terms and 
     conditions as the Secretary prescribes, including 
     nonreimbursable loans or the transfer of ownership of 
     equipment; and
       (ii) provide training and technical assistance for domestic 
     or foreign personnel responsible for operating or maintaining 
     such equipment.
       (C) Training.--The Secretary may provide training on the 
     use of inspection equipment, or other training that the 
     Secretary determines to be appropriate to secure the 
     international supply chain, to foreign personnel at each port 
     designated under CSI.
       (h) Personnel.--The Secretary shall--
       (1) annually assess the personnel needs at each port 
     designated under CSI; and
       (2) deploy personnel in accordance with the assessment 
     under paragraph (1).
       (i) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary to carry out this 
     section--
       (1) $142,000,000 for fiscal year 2007;
       (2) $144,000,000 for fiscal year 2008; and
       (3) $146,000,000 for fiscal year 2009.

     SEC. 3123. CUSTOMS-TRADE PARTNERSHIP AGAINST TERRORISM 
                   VALIDATION PROGRAM.

       (a) Establishment.--
       (1) Establishment.--The Secretary is authorized to 
     establish a voluntary program (to be known as the ``Customs-
     Trade Partnership Against Terrorism'' or ``C-TPAT'') to 
     strengthen and improve the overall security of the 
     international supply chain and United States border security.
       (2) Minimum security requirements.--The Secretary shall 
     review the minimum security requirements of C-TPAT at least 
     once every year and update such requirements as necessary.
       (b) Eligible Entities.--Importers, customs brokers, 
     forwarders, air, sea, land carriers, contract logistics 
     providers, and other entities in the international supply 
     chain and intermodal transportation system are eligible to 
     apply to voluntarily enter into partnerships with the 
     Department under C-TPAT.
       (c) Minimum Requirements.--An applicant seeking to 
     participate in C-TPAT shall--
       (1) demonstrate a history of moving commerce in the 
     international supply chain;
       (2) conduct an assessment of its supply chains based upon 
     security criteria established by the Secretary, including--
       (A) business partner requirements;
       (B) container security;
       (C) physical security and access controls;
       (D) personnel security;
       (E) procedural security;
       (F) security training and threat awareness; and
       (G) information technology security;
       (3) implement and maintain security measures and supply 
     chain security practices meeting security criteria; and
       (4) meet all other requirements established by the 
     Secretary.
       (d) Tier One Participants.--
       (1) Benefits.--The Secretary may offer limited benefits to 
     C-TPAT participants whose security measures and supply chain 
     security practices have been certified in accordance with the 
     guidelines established pursuant to subsection (c).
       (2) Guidelines.--The Secretary shall update guidelines for 
     certifying a C-TPAT participant's security measures and 
     supply chain security practices under this section.
       (e) Tier Two Participants.--
       (1) In general.--Not later than 1 year after a C-TPAT 
     participant has been certified under subsection (d), the 
     Secretary shall

[[Page S9183]]

     validate the security measures and supply chain security 
     practices of that participant. Such validation shall include 
     assessments at appropriate foreign locations utilized by the 
     participant as part of the supply chain.
       (2) Consequences for failed validation.--If a C-TPAT 
     participant's security measures and supply chain security 
     practices fail to meet the validation requirements under this 
     section, the Commissioner of Customs may--
       (A) deny the participant benefits under C-TPAT on a 
     temporary or permanent basis; or
       (B) suspend or expel the participant from C-TPAT.
       (3) Right of appeal.--A C-TPAT participant described in 
     this subsection may file an appeal with the Secretary of the 
     Commissioner's decision under paragraph (2) to deny benefits 
     under C-TPAT or under paragraph (2) to suspend or expel the 
     participant from C-TPAT.
       (4) Benefits.--The Secretary shall extend benefits to each 
     C-TPAT participant that has been validated under this 
     section, which may include--
       (A) reduced examinations; and
       (B) priority processing for searches.
       (f) Tier Three Participants.--
       (1) In general.--The Secretary shall establish a third tier 
     of C-TPAT that offers additional benefits to C-TPAT 
     participants that demonstrate a sustained commitment beyond 
     the minimum criteria for participation in C-TPAT.
       (2) Additional criteria.--The Secretary shall designate 
     criteria for C-TPAT participants under this section that may 
     include criteria to ensure--
       (A) cargo is loaded on a vessel with a vessel security plan 
     approved under section 70103(c) of title 46, United States 
     Code, or on a vessel with a valid International Ship Security 
     Certificate as provided for under part 104 of title 33, Code 
     of Federal Regulations;
       (B) container security devices, policies, or practices that 
     exceed the standards and procedures established by the 
     Secretary are utilized; and
       (C) cargo complies with any other requirements determined 
     by the Secretary.
       (3) Benefits.--The Secretary, in consultation with the 
     Commercial Operations Advisory Committee (COAC) and the 
     National Maritime Security Advisory Committee, may provide 
     benefits to C-TPAT participants under this section, which may 
     include--
       (A) the expedited release of tier three cargo into 
     destination ports within the United States during all threat 
     levels designated by the Secretary;
       (B) preference to vessels;
       (C) further reduced examinations;
       (D) priority processing for examinations; and,
       (E) further reduced scores in the Automated Targeting 
     System.
       (4) Definition.--In this section, the term ``container 
     security device'' means a mechanical or electronic device 
     designed to, at a minimum, positively identify containers and 
     detect and record unauthorized intrusion of containers. Such 
     devices shall have false alarm rates that have been 
     demonstrated to be below one percent.
       (g) Consequences for Lack of Compliance.--
       (1) In general.--If a C-TPAT participant's security 
     measures and supply chain security practices fail to meet any 
     of the requirements under this title, the Commissioner may 
     deny the participant benefits in whole or in part under this 
     section.
       (2) False or misleading information.--If a C-TPAT 
     participant intentionally provides false or misleading 
     information during the validation process of the participant 
     under this section, the Commissioner of Customs shall suspend 
     or expel the participant from C-TPAT for a period of not less 
     than 5 years.
       (3) Right of appeal.--A C-TPAT participant may file an 
     appeal with the Secretary of the Commissioner's decision 
     under this subsection to deny benefits or suspend or expel 
     the participant from C-TPAT.
       (h) Revalidation.--The Secretary shall establish a process 
     for revalidating C-TPAT participants under this title. Such 
     revalidation shall occur not less frequently than once during 
     every 4-year period following the initial validation.
       (i) Non-Containerized Cargo.--The Secretary may consider 
     the potential for participation in C-TPAT by importers of 
     non-containerized cargoes that otherwise meet the 
     requirements under this section.
       (j) Strategic Plan.--A 5-year Strategic Plan to identify 
     outcome-based goals and performance measures of the Program.
       (1) Annual plan.--An annual plan for each fiscal year 
     designed to match available resources to the projected 
     workload.
       (2) Resource management staffing plan.--The Commissioner 
     shall--
       (A) develop a staffing plan to recruit, train, and retain 
     staff (including a formalized training program) to meet the 
     objectives identified in the strategic plan;
       (B) conduct a study of the Program's training needs and 
     develop a comprehensive training program to support the 
     certification, validation, and revalidation processes of the 
     Program; and
       (C) provide cross-training in post-incident trade 
     resumption for personnel engaged in the Program.
       (k) Additional Personnel.--In each of the fiscal years 2007 
     through 2009, the Secretary shall increase by not less than 
     50 (over the previous fiscal year) the number of positions 
     for validation and revalidation activities of the C-TPAT, and 
     shall provide appropriate training and support for the 
     positions.
       (l) Confidential Information Safeguards.--In consultation 
     with COAC, the Commissioner shall develop and implement 
     procedures to ensure the protection of confidential data 
     collected, stored, or shared with government agencies or as 
     part of the application, validation, or revalidation. The 
     procedures shall include--
       (1) measures for protecting data shared with any government 
     agency;
       (2) measures for providing a secure system for document 
     storage accessible only to the appropriate personnel;
       (3) measures for storing all electronic files in a manner 
     that prevents theft, copying, or deletion; and
       (4) measures for labeling all records to clearly mark what 
     is considered confidential or a trade secret.
       (m) Authorization of Appropriations.--There are authorized 
     to be appropriated $75,000,000 for each of the fiscal years 
     2007 through 2009 to carry out this section.

     SEC. 3124. TECHNICAL REQUIREMENTS FOR NON-INTRUSIVE 
                   INSPECTION EQUIPMENT.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Director of the Domestic 
     Nuclear Detection Office, in consultation with the Director 
     of the National Institute of Science and Technology and the 
     Commissioner of Customs, shall initiate a rulemaking--
       (1) to establish minimum technical requirements for the 
     capabilities of non-intrusive inspection equipment for cargo, 
     including imaging and radiation devices; and
       (2) to ensure that all equipment used can detect risks and 
     threats as determined appropriate by the Secretary.
       (b) Endorsements; Sovereignty Conflicts.--In establishing 
     such requirements, the Director of the Domestic Nuclear 
     Detection Office shall be careful to avoid the endorsement of 
     products associated with specific companies.
       (c) Final Rule Deadline.--The Director of the Domestic 
     Nuclear Detection Office shall issue a final rule under 
     subsection (a) not later than 1 year after the rulemaking 
     proceeding is initiated.

     SEC. 3125. RANDOM INSPECTION OF CONTAINERS.

       Not later than 1 year after the date of the enactment of 
     this Act, the Commissioner of Customs shall develop and 
     implement a plan, utilizing best practices for empirical 
     scientific research design and random sampling standards for 
     random physical inspection of shipping containers in addition 
     to any targeted or pre-shipment inspection of such containers 
     required by law or regulation or conducted under any other 
     program conducted by the Commissioner. Nothing in this 
     section shall be construed to mean that implementation of the 
     random sampling plan would preclude the additional physical 
     inspection of shipping containers not inspected pursuant to 
     the plan.

     SEC. 3126. INTERNATIONAL TRADE DATA SYSTEM.

       (a) In General.--Section 411 of the Tariff Act of 1930 (19 
     U.S.C. 1411) is amended by adding at the end the following 
     new subsections:
       ``(d) International Trade Data System.--
       ``(1) Establishment.--
       ``(A) In general.--The Secretary of the Treasury (in this 
     section, referred to as the `Secretary') shall oversee the 
     establishment of an electronic trade data interchange system 
     to be known as the `International Trade Data System' (ITDS). 
     The ITDS shall be implemented not later than the date that 
     the Automated Commercial Environment (commonly referred to as 
     `ACE') is implemented.
       ``(B) Purpose.--The purpose of the ITDS is to eliminate 
     redundant information requirements, to efficiently regulate 
     the flow of commerce, and to effectively enforce laws and 
     regulations relating to international trade, by establishing 
     a single portal system, operated by the United States Customs 
     and Border Protection, for the collection and distribution of 
     standard electronic import and export data required by all 
     Federal agencies.
       ``(C) Participation.--
       ``(i) In general.--All Federal agencies that require 
     documentation for clearing or licensing the importation and 
     exportation of cargo shall participate in the ITDS.
       ``(ii) Waiver.--The Director of the Office of Management 
     and Budget may waive, in whole or in part, the requirement 
     for participation for any Federal agency based on national 
     security.
       ``(D) Consultation.--The Secretary shall consult with and 
     assist agencies in the transition from paper to electronic 
     format for the submission, issuance, and storage of documents 
     relating to data required to enter cargo into the United 
     States.
       ``(2) Data elements.--
       ``(A) In general.--The Interagency Steering Committee 
     established under paragraph (3) shall, in consultation with 
     the agencies participating in the ITDS, define the standard 
     set of data elements to be collected, stored, and shared in 
     the ITDS. The Steering Committee shall periodically review 
     the data elements in order to update the data elements, as 
     necessary.
       ``(B) Harmonization.--The Interagency Steering Committee 
     shall ensure that the ITDS data requirements are compatible 
     with the commitments or obligations established by the World 
     Customs Organization (WCO) and the World Trade Organization 
     (WTO) for the entry of cargo.
       ``(C) Coordination.--The Secretary of the Treasury shall be 
     responsible for coordinating operation of the ITDS among the 
     participating agencies and the office within the

[[Page S9184]]

     United States Customs and Border Protection that is 
     responsible for maintaining the ITDS.
       ``(3) Steering committee.--There is established an 
     Interagency Steering Committee. The members of the committee 
     shall include the Secretary of the Treasury (who shall serve 
     as the chairperson of the committee), the Director of the 
     Office of Management and Budget, and the head of each agency 
     participating in the ITDS. The Steering Committee shall 
     assist the Secretary of the Treasury in overseeing the 
     implementation of, and participation in, the ITDS.
       ``(4) Report.--The Steering Committee shall submit a report 
     annually to the Committee on Finance of the Senate and the 
     Committee on Ways and Means of the House of Representatives. 
     Each report shall include information on--
       ``(A) the status of the ITDS implementation;
       ``(B) the extent of participation in the ITDS by Federal 
     agencies;
       ``(C) the remaining barriers to any agency's participation;
       ``(D) the extent to which the ITDS is consistent with 
     applicable standards established by the World Customs 
     Organization and the World Trade Organization;
       ``(E) recommendations for technological and other 
     improvements to the ITDS; and
       ``(F) the status of the Bureau's development, 
     implementation, and management of the Automated Commercial 
     Environment.
       ``(e) Treasury Oversight.--The Secretary of the Treasury 
     shall ensure that no fewer than 5 full-time equivalents in 
     the Office of Tax, Trade, and Tariff Policy are available--
       ``(1) to carry out oversight of the customs revenue 
     functions delegated to the Secretary of Homeland Security 
     pursuant to section 412 of the Homeland Security Act of 2002 
     (6 U.S.C. 212); and
       ``(2) to carry out oversight of the International Trade 
     Data System established under this section.
       ``(f) Authorization of Appropriations.--There are 
     authorized to be appropriated for each of the fiscal years 
     2007, 2008, and 2009, $750,000 for salaries and expenses 
     required to carry out subsection (e).''.

                       TITLE XXXII--RAIL SECURITY

     SEC. 3201. SHORT TITLE.

       This title may be cited as the ``Rail Security Act of 
     2006''.

     SEC. 3202. RAIL TRANSPORTATION SECURITY RISK ASSESSMENT.

       (a) In General.--
       (1) Vulnerability and risk assessment.--The Secretary of 
     Homeland Security shall establish a task force, consisting of 
     representatives of the Transportation Security 
     Administration, the Department of Transportation, and other 
     appropriate Federal agencies, which shall complete a 
     vulnerability and risk assessment of freight and passenger 
     rail transportation (including railroads, as that term is 
     defined in section 20102(1) of title 49, United States Code). 
     The assessment shall include--
       (A) a methodology for conducting the risk assessment, 
     including timelines, that addresses how the Secretary of 
     Homeland Security will work with the entities describe in 
     subsection (b) and make use of existing expertise within the 
     Department of Homeland Security, the Department of 
     Transportation, and other appropriate Federal agencies;
       (B) the identification and evaluation of critical assets 
     and infrastructures;
       (C) the identification of vulnerabilities and risks to 
     those assets and infrastructures;
       (D) the identification of vulnerabilities and risks that 
     are specific to the transportation of hazardous materials by 
     railroad;
       (E) the identification of security weaknesses in passenger 
     and cargo security, transportation infrastructure, protection 
     systems, procedural policies, communications systems, 
     employee training, emergency response planning, and any other 
     area identified by the assessment; and
       (F) an account of actions taken or planned by public and 
     private entities to address identified rail security issues 
     and assess the effective integration of such actions.
       (2) Recommendations.--Based on the assessment conducted 
     under paragraph (1), the Secretary of Homeland Security, in 
     consultation with the Secretary of Transportation, shall 
     develop prioritized recommendations for improving rail 
     security, including any recommendations the Secretary has 
     for--
       (A) improving the security of rail tunnels, rail bridges, 
     rail switching and car storage areas, other rail 
     infrastructure and facilities, information systems, and other 
     areas identified by the Secretary as posing significant rail-
     related risks to public safety and the movement of interstate 
     commerce, taking into account the impact that any proposed 
     security measure might have on the provision of rail service;
       (B) deploying equipment to detect explosives and hazardous 
     chemical, biological, and radioactive substances, and any 
     appropriate countermeasures;
       (C) training appropriate railroad or railroad shipper 
     employees in terrorism prevention, passenger evacuation, and 
     response activities;
       (D) conducting public outreach campaigns on passenger 
     railroads;
       (E) deploying surveillance equipment; and
       (F) identifying the immediate and long-term costs of 
     measures that may be required to address those risks.
       (3) Plans.--The report required under subsection (c) shall 
     include--
       (A) a plan, developed in consultation with the freight and 
     intercity passenger railroads and State and local 
     governments, for the Federal Government to provide increased 
     security support at high or severe threat levels of alert;
       (B) a plan for coordinating existing and planned rail 
     security initiatives undertaken by the public and private 
     sectors; and
       (C) a contingency plan, developed in conjunction with 
     freight and intercity and commuter passenger railroads, to 
     ensure the continued movement of freight and passengers in 
     the event of an attack affecting the railroad system, which 
     shall contemplate--
       (i) the possibility of rerouting traffic due to the loss of 
     critical infrastructure, such as a bridge, tunnel, yard, or 
     station; and
       (ii) methods of continuing railroad service in the 
     Northeast Corridor in the event of a commercial power loss, 
     or catastrophe affecting a critical bridge, tunnel, yard, or 
     station.
       (b) Consultation; Use of Existing Resources.--In carrying 
     out the assessment and developing the recommendations and 
     plans required by subsection (a), the Secretary of Homeland 
     Security shall consult with rail management, rail labor, 
     owners or lessors of rail cars used to transport hazardous 
     materials, first responders, shippers of hazardous materials, 
     public safety officials, and other relevant parties.
       (c) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary shall submit a report to 
     the Committee on Commerce, Science, and Transportation of the 
     Senate, the Committee on Transportation and Infrastructure of 
     the House of Representatives, and the Committee on Homeland 
     Security of the House of Representatives. The report shall 
     contain the assessment, prioritized recommendations, and 
     plans required under subsection (a) and an estimate of the 
     cost to implement such recommendations. The Secretary may 
     submit the report in both classified and redacted formats if 
     the Secretary determines that such action is appropriate or 
     necessary.
       (d) Annual Updates.--The Secretary of Homeland Security, in 
     consultation with the Secretary of Transportation, shall 
     update the assessment and recommendations each year and 
     transmit a report, which may be submitted in both classified 
     and redacted formats, to the committees named in subsection 
     (c)(1), containing the updated assessment and 
     recommendations.
       (e) Funding.--From the funds appropriated for fiscal year 
     2007, pursuant to section 114(u) of title 49, United States 
     Code (as added by section 3217(a)), $5,000,000 shall be made 
     available to the Secretary of Homeland Security to carry out 
     this section.

     SEC. 3203. SYSTEMWIDE AMTRAK SECURITY UPGRADES.

       (a) In General.--Subject to subsection (c), the Secretary 
     of Homeland Security, in consultation with the Assistant 
     Secretary of the Transportation Security Administration, may 
     award grants to Amtrak--
       (1) to secure major tunnel access points and ensure tunnel 
     integrity in New York, Baltimore, and Washington, D.C.;
       (2) to secure Amtrak trains;
       (3) to secure Amtrak stations;
       (4) to obtain a watch list identification system approved 
     by the Secretary;
       (5) to obtain train tracking and interoperable 
     communications systems that are coordinated to the maximum 
     extent possible;
       (6) to hire additional police and security officers, 
     including canine units;
       (7) to expand emergency preparedness efforts; and
       (8) for employee security training.
       (b) Conditions.--The Secretary of Transportation shall 
     disburse funds provided to Amtrak under subsection (a) for 
     projects contained in an Amtrak systemwide security plan 
     approved by the Secretary of Homeland Security. The plan 
     shall include appropriate measures to address security 
     awareness, emergency response, and passenger evacuation 
     training.
       (c) Equitable Geographic Allocation.--The Secretary of 
     Homeland Security shall ensure that, subject to meeting the 
     highest security needs on Amtrak's entire system and 
     consistent with the risk assessment required under section 
     3202, stations and facilities located outside of the 
     Northeast Corridor receive an equitable share of the security 
     funds authorized by this section.
       (d) Funding.--
       (1) In general.--From the funds appropriated pursuant to 
     section 114(u) of title 49, United States Code (as added by 
     section 3217(a)), there shall be made available to the 
     Secretary of Homeland Security and the Assistant Secretary of 
     the Transportation Security Administration to carry out this 
     section--
       (A) $63,500,000 for fiscal year 2007;
       (B) $30,000,000 for fiscal year 2008; and
       (C) $30,000,000 for fiscal year 2009.
       (2) Availability.--Amounts appropriated pursuant to this 
     subsection shall remain available until expended.

     SEC. 3204. FIRE AND LIFE-SAFETY IMPROVEMENTS.

       (a) Life-Safety Needs.--The Secretary of Transportation, in 
     consultation with the Secretary of Homeland Security, may 
     award grants to Amtrak for fire and life-safety improvements 
     to Amtrak tunnels on the Northeast Corridor in New York, 
     Baltimore, and Washington, D.C.
       (b) Funding.--From the funds appropriated pursuant to 
     section 3217(b), there shall be made available to the 
     Secretary of Transportation for the purposes of carrying out 
     subsection (a)--

[[Page S9185]]

       (1) $190,000,000 for each of the fiscal years 2007, 2008, 
     and 2009 for the 6 New York tunnels to provide ventilation, 
     electrical, and fire safety technology upgrades, emergency 
     communication and lighting systems, and emergency access and 
     egress for passengers;
       (2) $19,000,000 for each of the fiscal years 2007, 2008, 
     and 2009 for the Baltimore & Potomac and Union tunnels, to 
     provide adequate drainage, ventilation, communication, 
     lighting, and passenger egress upgrades; and
       (3) $13,333,000 for each of the fiscal years 2007, 2008, 
     and 2009 for the Union Station tunnels in Washington, D.C., 
     to improve ventilation, communication, lighting, and 
     passenger egress upgrades.
       (c) Infrastructure Upgrades.--From the funds appropriated 
     for fiscal year 2007, pursuant to section 3217(b), $3,000,000 
     shall be made available to the Secretary of Transportation 
     for the preliminary design of options for a new tunnel on a 
     different alignment to augment the capacity of the existing 
     Baltimore tunnels.
       (d) Availability of Funds.--Amounts made available pursuant 
     to this section shall remain available until expended.
       (e) Plans Required.--The Secretary of Transportation may 
     not make amounts available to Amtrak for obligation or 
     expenditure under subsection (a)--
       (1) until Amtrak has submitted to the Secretary, and the 
     Secretary has approved, an engineering and financial plan for 
     such projects; and
       (2) unless, for each project funded pursuant to this 
     section, the Secretary has approved a project management plan 
     prepared by Amtrak addressing appropriate project budget, 
     construction schedule, recipient staff organization, document 
     control and record keeping, change order procedure, quality 
     control and assurance, periodic plan updates, and periodic 
     status reports.
       (f) Review of Plans.--
       (1) Initial review.--Not later than 45 days after the date 
     on which a plan required by paragraphs (1) and (2) of 
     subsection (e) is submitted by Amtrak, the Secretary of 
     Transportation shall complete a review of the plan and 
     approve or disapprove the plan. If the Secretary determines 
     that a plan is incomplete or deficient, the Secretary shall 
     notify Amtrak of the incomplete items or deficiencies.
       (2) Submission of modified plan.--Not later than 30 days 
     after receiving notification from the Secretary under 
     paragraph (1), Amtrak shall submit a modified plan for the 
     Secretary's review.
       (3) Review of modified plan.--Not later than 15 days after 
     receiving additional information on items previously included 
     in the plan, and not later than 45 days after receiving items 
     newly included in a modified plan, the Secretary shall--
       (A) approve the modified plan; or
       (B) if the Secretary finds the plan is still incomplete or 
     deficient--
       (i) submit a report to the Committee on Commerce, Science, 
     and Transportation of the Senate, the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives, and the Committee on Homeland Security of 
     the House of Representatives that describes the portions of 
     the plan the Secretary finds incomplete or deficient;
       (ii) approve all other portions of the plan; and
       (iii) obligate the funds associated with those other 
     portions.
       (4) Agreement.--Not later than 15 days after the partial 
     approval of a modified plan under paragraph (3), the 
     Secretary shall execute an agreement with Amtrak that 
     describes a process for resolving the remaining portions of 
     the modified plan.
       (g) Financial Contribution From Other Tunnel Users.--The 
     Secretary of Transportation, taking into account the need for 
     the timely completion of all portions of the tunnel projects 
     described in subsection (a), shall--
       (1) consider the extent to which rail carriers other than 
     Amtrak use or plan to use the tunnels;
       (2) consider the feasibility of seeking a financial 
     contribution from those other rail carriers toward the costs 
     of the projects; and
       (3) obtain financial contributions or commitments from such 
     other rail carriers at levels reflecting the extent of their 
     use or planned use of the tunnels, if feasible.

     SEC. 3205. FREIGHT AND PASSENGER RAIL SECURITY UPGRADES.

       (a) Security Improvement Grants.--The Secretary of Homeland 
     Security, through the Assistant Secretary of the 
     Transportation Security Administration and other appropriate 
     Federal agencies, may award grants to freight railroads, the 
     Alaska Railroad, hazardous materials shippers, owners of rail 
     cars used in the transportation of hazardous materials, 
     universities, colleges, research centers, and State and local 
     governments (for rail passenger facilities and infrastructure 
     not owned by Amtrak), for full or partial reimbursement of 
     costs incurred in the conduct of activities to prevent or 
     respond to acts of terrorism, sabotage, or other intercity 
     passenger rail and freight rail security vulnerabilities and 
     risks identified under section 3202, including--
       (1) security and redundancy for critical communications, 
     computer, and train control systems essential for secure rail 
     operations;
       (2) accommodation of rail cargo or passenger screening 
     equipment at the international border between the United 
     States and Mexico, the international border between the 
     United States and Canada, or other ports of entry;
       (3) the security of hazardous material transportation by 
     rail;
       (4) secure intercity passenger rail stations, trains, and 
     infrastructure;
       (5) structural modification or replacement of rail cars 
     transporting high hazard materials to improve their 
     resistance to acts of terrorism;
       (6) employee security awareness, preparedness, passenger 
     evacuation, and emergency response training;
       (7) public security awareness campaigns for passenger train 
     operations;
       (8) the sharing of intelligence and information about 
     security threats;
       (9) to obtain train tracking and interoperable 
     communications systems that are coordinated to the maximum 
     extent possible;
       (10) to hire additional police and security officers, 
     including canine units; and
       (11) other improvements recommended by the report required 
     by section 3202, including infrastructure, facilities, and 
     equipment upgrades.
       (b) Grants to Amtrak.--The Secretary of Homeland Security, 
     through the Secretary of Transportation, may award grants to 
     Amtrak for the purposes described in subsection (a).
       (c) Accountability.--The Secretary of Homeland Security 
     shall adopt necessary procedures, including audits, to ensure 
     that grants made under this section are expended in 
     accordance with the purposes of this Act and the priorities 
     and other criteria developed by the Secretary.
       (d) Allocation.--The Secretary of Homeland Security shall 
     distribute the funds made available under this section based 
     on risk and vulnerability as determined under section 3202. 
     The Secretary shall encourage non-Federal financial 
     participation in awarding grants. With respect to grants for 
     intercity passenger rail security, the Secretary shall take 
     into account passenger volume and whether a station is used 
     by commuter rail passengers and intercity rail passengers.
       (e) Conditions.--The Secretary of Transportation may not 
     disburse funds to Amtrak under subsection (b) unless Amtrak 
     meets the conditions set forth in section 3203(b).
       (f) Allocation Between Railroads and Others.--Unless the 
     Secretary of Homeland Security determines, based on the 
     assessment required under section 3202, that critical rail 
     transportation security needs require reimbursement in 
     greater amounts to any eligible entity, a grant may not be 
     awarded under this section--
       (1) to Amtrak in an amount in excess of $45,000,000; or
       (2) for the purposes described in paragraph (3) or (5) of 
     subsection (a) in an amount in excess of $80,000,000.
       (g) Funding.--
       (1) In general.--From the funds appropriated pursuant to 
     section 114(u) of title 49, United States Code (as added by 
     section 3217(a)), $100,000,000 shall be made available to the 
     Secretary of Homeland Security for each of the fiscal years 
     2007, 2008, and 2009 to carry out this section.
       (2) Availability.--Amounts appropriated pursuant to this 
     subsection shall remain available until expended.
       (h) High Hazard Materials Defined.--In this title, the term 
     ``high hazard materials'' means quantities of poison 
     inhalation hazard materials, Class 2.3 gases, Class 6.1 
     materials, and anhydrous ammonia that the Secretary of 
     Homeland Security, in consultation with the Secretary of 
     Transportation, determines pose a security risk.

     SEC. 3206. RAIL SECURITY RESEARCH AND DEVELOPMENT.

       (a) Establishment of Research and Development Program.--The 
     Secretary of Homeland Security, through the Under Secretary 
     for Science and Technology and the Assistant Secretary of the 
     Transportation Security Administration, in consultation with 
     the Secretary of Transportation shall carry out a research 
     and development program to improve freight and intercity 
     passenger rail security. The program may include research and 
     development projects to--
       (1) reduce the vulnerability of passenger trains, stations, 
     and equipment to explosives and hazardous chemical, 
     biological, and radioactive substances;
       (2) test new emergency response techniques and 
     technologies;
       (3) develop improved freight technologies, including--
       (A) technologies for sealing rail cars;
       (B) automatic inspection of rail cars;
       (C) communication-based train controls; and
       (D) emergency response training;
       (4) test wayside detectors that can detect tampering with 
     railroad equipment;
       (5) support enhanced security for the transportation of 
     hazardous materials by rail, including--
       (A) technologies to detect a breach in a tank car or other 
     rail car used to transport hazardous materials and transmit 
     information about the integrity of cars to the train crew or 
     dispatcher;
       (B) research to improve tank car integrity, with a focus on 
     tank cars that carry high hazard materials; and
       (C) techniques to transfer hazardous materials from rail 
     cars that are damaged or otherwise represent an unreasonable 
     risk to human life or public safety; and
       (6) other projects that address vulnerabilities and risks 
     identified under section 3202.

[[Page S9186]]

       (b) Coordination With Other Research Initiatives.--The 
     Secretary of Homeland Security shall ensure that the research 
     and development program established under this section is 
     coordinated with other research and development initiatives 
     at the Department of Homeland Security and the Department of 
     Transportation. The Secretary shall carry out any research 
     and development project authorized by this section through a 
     reimbursable agreement with the Secretary of Transportation, 
     if the Secretary of Transportation--
       (1) is sponsoring a research and development project in a 
     similar area as of the date of the enactment of this Act; or
       (2) has a unique facility or capability that would be 
     useful in carrying out the project.
       (c) Grants and Accountability.--In carrying out the 
     research and development program established under this 
     section, the Secretary of Homeland Security--
       (1) may award grants to the entities described in 
     subsections (a) and (b) of section 3205; and
       (2) shall adopt necessary procedures, including audits, to 
     ensure that grant funds disbursed under this section are 
     expended in accordance with the purposes of this title and 
     the priorities and other criteria developed by the Secretary.
       (d) Funding.--
       (1) In general.--From the funds appropriated pursuant to 
     section 114(u) of title 49, United States Code (as added by 
     section 3217(a)), $35,000,000 shall be made available to the 
     Secretary of Homeland Security for each of the fiscal years 
     2007, 2008, and 2009 to carry out this section.
       (2) Availability.--Amounts appropriated pursuant to this 
     subsection shall remain available until expended.

     SEC. 3207. OVERSIGHT AND GRANT PROCEDURES.

       (a) Secretarial Oversight.--The Secretary of Homeland 
     Security may expend not more than 0.5 percent of the amounts 
     made available for capital projects under this title--
       (1) to enter into contracts for the review of proposed 
     capital projects and related program management plans;
       (2) to oversee construction of such projects; and
       (3) to make contracts to audit and review the safety, 
     procurement, management, and financial compliance of a 
     recipient of amounts under this title.
       (b) Procedures for Grant Award.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary shall prescribe 
     procedures and schedules for the awarding of grants under 
     this title, including--
       (A) application and qualification procedures (including a 
     requirement that the applicant have a security plan);
       (B) a record of decision on applicant eligibility; and
       (C) the execution of a grant agreement between the grant 
     recipient and the Secretary.
       (2) Consistency.--The procedures prescribed under this 
     subsection shall be consistent, to the extent practicable, 
     with the grant procedures established under section 70107 of 
     title 46, United States Code.

     SEC. 3208. AMTRAK PLAN TO ASSIST FAMILIES OF PASSENGERS 
                   INVOLVED IN RAIL PASSENGER ACCIDENTS.

       (a) In General.--Chapter 243 of title 49, United States 
     Code, is amended by inserting after section 24313 the 
     following:

     ``Sec. 24314. Plans to address needs of families of 
       passengers involved in rail passenger accidents

       ``(a) Submission of Plan.--Not later than 6 months after 
     the date of the enactment of the Rail Security Act of 2006, 
     Amtrak shall submit a plan to the Chairman of the National 
     Transportation Safety Board, the Secretary of Transportation, 
     and the Secretary of Homeland Security that addresses the 
     needs of the families of passengers involved in any rail 
     passenger accident involving an Amtrak intercity train and 
     resulting in a loss of life.
       ``(b) Contents of Plans.--The plan submitted by Amtrak 
     under subsection (a) shall include the following:
       ``(1) A process by which Amtrak will maintain and provide 
     to the National Transportation Safety Board and the Secretary 
     of Transportation, immediately upon request, a list (which is 
     based on the best available information at the time of the 
     request) of the names of the passengers aboard the train 
     (whether or not such names have been verified), and will 
     periodically update the list. The plan shall include a 
     procedure, with respect to unreserved trains and passengers 
     not holding reservations on other trains, for Amtrak to use 
     reasonable efforts to ascertain the number and names of 
     passengers aboard a train involved in an accident.
       ``(2) A plan for creating and publicizing a reliable, toll-
     free telephone number not later than 4 hours after such an 
     accident occurs, and for providing staff, to handle calls 
     from the families of the passengers.
       ``(3) A process for notifying the families of the 
     passengers, before providing any public notice of the names 
     of the passengers, by suitably trained individuals.
       ``(4) A process for providing the notice described in 
     paragraph (2) to the family of a passenger as soon as Amtrak 
     has verified that the passenger was aboard the train (whether 
     or not the names of all of the passengers have been 
     verified).
       ``(5) A process by which--
       ``(A) the family of each passenger will be consulted about 
     the disposition of all remains and personal effects of the 
     passenger within Amtrak's control;
       ``(B) any possession of the passenger within Amtrak's 
     control will be returned to the family unless the possession 
     is needed for the accident investigation or any criminal 
     investigation; and
       ``(C) any unclaimed possession of a passenger within 
     Amtrak's control will be retained by the rail passenger 
     carrier for not less than 18 months.
       ``(6) A process by which the treatment of the families of 
     nonrevenue passengers will be the same as the treatment of 
     the families of revenue passengers.
       ``(7) An assurance that Amtrak will provide adequate 
     training to its employees and agents to meet the needs of 
     survivors and family members following an accident.
       ``(c) Use of Information.--The National Transportation 
     Safety Board, the Secretary of Transportation, and Amtrak may 
     not release any personal information on a list obtained under 
     subsection (b)(1) but may provide information on the list 
     about a passenger to the family of the passenger to the 
     extent that the Board or Amtrak considers appropriate.
       ``(d) Limitation on Liability.--Amtrak shall not be liable 
     for damages in any action brought in a Federal or State court 
     arising out of the performance of Amtrak in preparing or 
     providing a passenger list, or in providing information 
     concerning a train reservation, pursuant to a plan submitted 
     by Amtrak under subsection (b), unless such liability was 
     caused by Amtrak's conduct.
       ``(e) Limitation on Statutory Construction.--Nothing in 
     this section may be construed as limiting the actions that 
     Amtrak may take, or the obligations that Amtrak may have, in 
     providing assistance to the families of passengers involved 
     in a rail passenger accident.
       ``(f) Funding.--From the funds appropriated for fiscal year 
     2007 pursuant to section 3217(b) of the Rail Security Act of 
     2006, $500,000 shall be made available to the Secretary of 
     Transportation for the use of Amtrak to carry out this 
     section. Amounts made available under this subsection shall 
     remain available until expended.''.
       (b) Conforming Amendment.--The chapter analysis for chapter 
     243 of title 49, United States Code, is amended by inserting 
     after the item relating to section 24313 the following:

``24314. Plan to assist families of passengers involved in rail 
              passenger accidents.''.

     SEC. 3209. NORTHERN BORDER RAIL PASSENGER REPORT.

       Not later than 180 days after the date of the enactment of 
     this Act, the Secretary of Homeland Security, in consultation 
     with the Assistant Secretary of the Transportation Security 
     Administration, the Secretary of Transportation, heads of 
     other appropriate Federal agencies, and the National Railroad 
     Passenger Corporation, shall submit a report to the Committee 
     on Commerce, Science, and Transportation of the Senate, the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives, and the Committee on Homeland Security of 
     the House of Representatives that contains--
       (1) a description of the current system for screening 
     passengers and baggage on passenger rail service between the 
     United States and Canada;
       (2) an assessment of the current program to provide 
     preclearance of airline passengers between the United States 
     and Canada as outlined in ``The Agreement on Air Transport 
     Preclearance between the Government of Canada and the 
     Government of the United States of America'', dated January 
     18, 2001;
       (3) an assessment of the current program to provide 
     preclearance of freight railroad traffic between the United 
     States and Canada as outlined in the ``Declaration of 
     Principle for the Improved Security of Rail Shipments by 
     Canadian National Railway and Canadian Pacific Railway from 
     Canada to the United States'', dated April 2, 2003;
       (4) information on progress by the Department of Homeland 
     Security and other Federal agencies towards finalizing a 
     bilateral protocol with Canada that would provide for 
     preclearance of passengers on trains operating between the 
     United States and Canada;
       (5) a description of legislative, regulatory, budgetary, or 
     policy barriers within the United States Government to 
     providing pre-screened passenger lists for rail passengers 
     traveling between the United States and Canada to the 
     Department of Homeland Security;
       (6) a description of the position of the Government of 
     Canada and relevant Canadian agencies with respect to 
     preclearance of such passengers;
       (7) a draft of any changes in existing Federal law 
     necessary to provide for pre-screening of such passengers and 
     providing pre-screened passenger lists to the Department of 
     Homeland Security; and
       (8) an analysis of the feasibility of reinstating in-
     transit inspections onboard international Amtrak trains.

     SEC. 3210. RAIL WORKER SECURITY TRAINING PROGRAM.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Homeland Security 
     and the Secretary of Transportation, in consultation with 
     appropriate law enforcement, security, and terrorism experts, 
     representatives of railroad carriers, and nonprofit employee 
     organizations that represent rail workers, shall develop and 
     issue detailed guidance for

[[Page S9187]]

     a rail worker security training program to prepare front-line 
     workers for potential threat conditions. The guidance shall 
     take into consideration any current security training 
     requirements or best practices.
       (b) Program Elements.--The guidance developed under 
     subsection (a) shall include elements, as appropriate to 
     passenger and freight rail service, that address--
       (1) the determination of the seriousness of any occurrence;
       (2) crew communication and coordination;
       (3) appropriate responses to defend or protect oneself;
       (4) use of protective devices;
       (5) evacuation procedures;
       (6) psychology of terrorists to cope with hijacker behavior 
     and passenger responses;
       (7) situational training exercises regarding various threat 
     conditions; and
       (8) any other subject the Secretary considers to be 
     appropriate.
       (c) Railroad Carrier Security Training Programs.--
       (1) In general.--Not later than 90 days after the Secretary 
     of Homeland Security issues guidance under subsection (a) in 
     final form, each railroad carrier shall develop a rail worker 
     security training program in accordance with that guidance 
     and submit it to the Secretary for review.
       (2) Program review.--Not later than 30 days after receiving 
     a railroad carrier's program under this subsection, the 
     Secretary shall review the program and transmit comments to 
     the railroad carrier concerning any revisions the Secretary 
     considers necessary for the program to meet the guidance 
     requirements.
       (3) Railroad carrier response.--A railroad carrier shall 
     respond to the Secretary's comments not later than 30 days 
     after receiving such comments.
       (d) Training.--
       (1) Implementation.--Not later than 1 year after the 
     Secretary reviews the training program developed by a 
     railroad carrier under this section, the railroad carrier 
     shall complete the training of all front-line workers in 
     accordance with that program.
       (2) Report.--The Secretary shall review implementation of 
     the training program of a representative sample of railroad 
     carriers and submit a report to the Committee on Commerce, 
     Science, and Transportation of the Senate, the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives, and the Committee on Homeland Security of 
     the House of Representatives that contains the number of 
     reviews conducted and the results. The Secretary may submit 
     the report in both classified and redacted formats as 
     necessary.
       (e) Updates.--The Secretary shall update the training 
     guidance issued under subsection (a) as appropriate to 
     reflect new or different security threats. Railroad carriers 
     shall revise their programs accordingly and provide 
     additional training to their front-line workers within a 
     reasonable time after the guidance is updated.
       (f) Front-Line Workers Defined.--In this section, the term 
     ``front-line workers'' means security personnel, dispatchers, 
     train operators, other onboard employees, maintenance and 
     maintenance support personnel, bridge tenders, as well as 
     other appropriate employees of railroad carriers, as defined 
     by the Secretary.
       (g) Other Employees.--The Secretary of Homeland Security 
     shall issue guidance and best practices for a rail shipper 
     employee security program containing the elements listed 
     under subsection (b), as appropriate.

     SEC. 3211. WHISTLEBLOWER PROTECTION PROGRAM.

       (a) In General.--Subchapter A of chapter 201 of title 49, 
     United States Code, is amended by inserting after section 
     20115 the following:

     ``Sec. 20116. Whistleblower protection for rail security 
       matters

       ``(a) Discrimination Against Employee.--A rail carrier 
     engaged in interstate or foreign commerce may not discharge a 
     railroad employee or otherwise discriminate against a 
     railroad employee because the employee (or any person acting 
     pursuant to a request of the employee)--
       ``(1) provided, caused to be provided, or is about to 
     provide or cause to be provided, to the employer or the 
     Federal Government information relating to a reasonably 
     perceived threat, in good faith, to security;
       ``(2) provided, caused to be provided, or is about to 
     provide or cause to be provided, testimony before Congress or 
     at any Federal or State proceeding regarding a reasonably 
     perceived threat, in good faith, to security; or
       ``(3) refused to violate or assist in the violation of any 
     law, rule or regulation related to rail security.
       ``(b) Dispute Resolution.--
       ``(1) In general.--A dispute, grievance, or claim arising 
     under this section is subject to resolution under section 3 
     of the Railway Labor Act (45 U.S.C. 153). In a proceeding by 
     the National Railroad Adjustment Board, a division or 
     delegate of the Board, or another board of adjustment 
     established under section 3 of such Act to resolve the 
     dispute, grievance, or claim the proceeding shall be 
     expedited and the dispute, grievance, or claim shall be 
     resolved not later than 180 days after it is filed.
       ``(2) Damages.--If the violation is a form of 
     discrimination that does not involve discharge, suspension, 
     or another action affecting pay, and no other remedy is 
     available under this subsection, the Board, division, 
     delegate, or other board of adjustment may award the employee 
     reasonable damages, including punitive damages, of not more 
     than $20,000.
       ``(c) Procedural Requirements.--Except as provided in 
     subsection (b), the procedure set forth in section 
     42121(b)(2)(B), including the burdens of proof, applies to 
     any complaint brought under this section.
       ``(d) Election of Remedies.--An employee of a railroad 
     carrier may not seek protection under both this section and 
     another provision of law for the same allegedly unlawful act 
     of the carrier.
       ``(e) Disclosure of Identity.--(1) Except as provided in 
     paragraph (2) of this subsection, or with the written consent 
     of the employee, the Secretary of Transportation may not 
     disclose the name of an employee of a railroad carrier who 
     has provided information about an alleged violation of this 
     section.
       ``(2) The Secretary shall disclose to the Attorney General 
     the name of an employee described in paragraph (1) if the 
     matter is referred to the Attorney General for 
     enforcement.''.
       (b) Conforming Amendment.--The chapter analysis for chapter 
     201 of title 49, United States Code, is amended by inserting 
     after the item relating to section 20115 the following:

``20116. Whistleblower protection for rail security matters.''.

     SEC. 3212. HIGH HAZARD MATERIAL SECURITY THREAT MITIGATION 
                   PLANS.

       (a) In General.--The Secretary of Homeland Security, in 
     consultation with the Assistant Secretary of the 
     Transportation Security Administration and the Secretary of 
     Transportation, shall require rail carriers transporting a 
     high hazard material and of a quantity equal or exceeding the 
     quantities of such material listed in section 172.800, title 
     49, Code of Federal Regulations, to develop a high hazard 
     material security threat mitigation plan containing 
     appropriate measures, including alternative routing and 
     temporary shipment suspension options, to address assessed 
     risks to high consequence targets. The plan, and any 
     information submitted to the Secretary under this section 
     shall be protected as sensitive security information under 
     the regulations prescribed under section 114(s) of title 49, 
     United States Code.
       (b) Implementation.--A high hazard material security threat 
     mitigation plan shall be put into effect by a rail carrier 
     for the shipment of high hazardous materials by rail on the 
     rail carrier's right-of-way when the threat levels of the 
     Homeland Security Advisory System are high or severe and 
     specific intelligence of probable or imminent threat exists 
     towards--
       (1) a high-consequence target that is within the 
     catastrophic impact zone of a railroad right-of-way used to 
     transport high hazardous material; or
       (2) rail infrastructure or operations within the immediate 
     vicinity of a high-consequence target.
       (c) Completion and Review of Plans.--
       (1) Plans required.--Each rail carrier described in 
     subsection (a) shall--
       (A) submit a list of routes used to transport high hazard 
     materials to the Secretary of Homeland Security not later 
     than 60 days after the date of the enactment of this Act;
       (B) develop and submit a high hazard material security 
     threat mitigation plan to the Secretary not later than 180 
     days after the rail carrier receives the notice of high 
     consequence targets on such routes by the Secretary; and
       (C) submit any subsequent revisions to the plan to the 
     Secretary not later than 30 days after making the revisions.
       (2) Review and updates.--The Secretary of Homeland 
     Security, in cooperation with the Secretary of 
     Transportation, shall review each plan developed under this 
     section and submit comments to the railroad carrier 
     concerning any revisions that the Secretary considers to be 
     necessary. A railroad carrier shall respond to the 
     Secretary's comments not later than 30 days after receiving 
     such comments. Each rail carrier shall update and resubmit 
     its plan for review not less than once every 2 years.
       (d) Definitions.--In this section:
       (1) High-consequence target.--The term ``high-consequence 
     target'' means a building, buildings, infrastructure, public 
     space, or natural resource designated by the Secretary of 
     Homeland Security that is viable terrorist target of national 
     significance, the attack of which could result in--
       (A) catastrophic loss of life; and
       (B) significantly damaged national security and defense 
     capabilities; or
       (C) national economic harm.
       (2) Catastrophic impact zone.--The term ``catastrophic 
     impact zone'' means the area immediately adjacent to, under, 
     or above an active railroad right-of-way used to ship high 
     hazard materials in which the potential release or explosion 
     of the high hazard material being transported would likely 
     cause--
       (A) loss of life; or
       (B) significant damage to property or structures.
       (3) Rail carrier.--The term ``rail carrier'' has the 
     meaning given that term by section 10102(5) of title 49, 
     United States Code.

     SEC. 3213. MEMORANDUM OF AGREEMENT.

       (a) Memorandum of Agreement.--Not later than 1 year after 
     the date of the enactment of this Act, the Secretary of 
     Transportation and the Secretary of Homeland Security shall 
     execute and develop an annex to the memorandum of agreement 
     between the Department of Transportation and the Department 
     of Homeland Security signed on

[[Page S9188]]

     September 28, 2004, governing the specific roles, 
     delineations of responsibilities, resources and commitments 
     of the each department in addressing railroad transportation 
     security matters, including the processes each department 
     will follow to promote communications, efficiency, and 
     nonduplication of effort.
       (b) Rail Safety Regulations.--Section 20103(a) of title 49, 
     United States Code, is amended by striking ``safety'' the 
     first place it appears, and inserting ``safety, including 
     security,''.

     SEC. 3214. RAIL SECURITY ENHANCEMENTS.

       (a) Rail Police Officers.--Section 28101 of title 49, 
     United States Code, is amended--
       (1) by inserting ``(a) In General'' before ``Under''; and
       (2) by striking ``the rail carrier'' each place it appears 
     and inserting ``any rail carrier''.
       (b) Review of Rail Regulations.--Not later than 1 year 
     after the date of the enactment of this Act, the Secretary of 
     Transportation, in consultation with the Secretary of 
     Homeland Security and the Assistant Secretary of the 
     Transportation Security Administration, shall review the rail 
     regulations of the Department of Transportation in existence 
     as of the date of the enactment of this Act to identify areas 
     in which such regulations need to be revised to improve rail 
     security.

     SEC. 3215. PUBLIC AWARENESS.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of Homeland 
     Security, in consultation with the Secretary of 
     Transportation, shall develop a national plan for public 
     outreach and awareness.
       (b) Contents.--The plan developed under this section 
     shall--
       (1) be designed to increase awareness of measures that the 
     general public, railroad passengers, and railroad employees 
     can take to increase railroad system security; and
       (2) provide outreach to railroad carriers and their 
     employees to improve their awareness of available 
     technologies, ongoing research and development efforts, and 
     available Federal funding sources to improve railroad 
     security.
       (c) Implementation.--Not later than 9 months after the date 
     of the enactment of this Act, the Secretary of Homeland 
     Security shall implement the plan developed under this 
     section.

     SEC. 3216. RAILROAD HIGH HAZARD MATERIAL TRACKING.

       (a) Wireless Communications.--
       (1) In general.--In conjunction with the research and 
     development program established under section 3206 and 
     consistent with the results of research relating to wireless 
     tracking technologies, the Secretary of Homeland Security, in 
     consultation with the Assistant Secretary of the 
     Transportation Security Administration, shall develop a 
     program that will encourage the equipping of rail cars 
     transporting high hazard materials in quantities equal to or 
     greater than the quantities listed in section 172.800 of 
     title 49, Code of Federal Regulations, with wireless 
     terrestrial or satellite communications technology that 
     provides--
       (A) car position location and tracking capabilities;
       (B) notification of rail car depressurization, breach, or 
     unsafe temperature; and
       (C) notification of hazardous material release.
       (2) Coordination.--In developing the program required by 
     paragraph (1), the Secretary shall--
       (A) consult with the Secretary of Transportation to 
     coordinate the program with any ongoing or planned efforts 
     for rail car tracking at the Department of Transportation; 
     and
       (B) ensure that the program is consistent with 
     recommendations and findings of the Department of Homeland 
     Security's hazardous material tank rail car tracking pilot 
     programs.
       (b) Funding.--From the funds appropriated pursuant to 
     section 114(u) of title 49, United States Code (as added by 
     section 3217(a)), $3,000,000 shall be made available to the 
     Secretary of Homeland Security for each of the fiscal years 
     2007, 2008, and 2009 to carry out this section.

     SEC. 3217. AUTHORIZATION OF APPROPRIATIONS.

       (a) Transportation Security Administration Authorization.--
     Section 114 of title 49, United States Code, is amended by 
     adding at the end the following:
       ``(u) Authorization of Appropriations.--There are 
     authorized to be appropriated to the Secretary of Homeland 
     Security for rail security--
       ``(1) $206,500,000 for fiscal year 2007;
       ``(2) $168,000,000 for fiscal year 2008; and
       ``(3) $168,000,000 for fiscal year 2009.''.
       (b) Department of Transportation.--There are authorized to 
     be appropriated to the Secretary of Transportation to carry 
     out this title and sections 20116 and 24314 of title 49, 
     United States Code, as added by this title--
       (1) $225,000,000 for fiscal year 2007;
       (2) $223,000,000 for fiscal year 2008; and
       (3) $223,000,000 for fiscal year 2009.

                  TITLE XXXIII--MASS TRANSIT SECURITY

     SEC. 3301. SHORT TITLE.

       This title may be cited as the ``Public Transportation 
     Terrorism Prevention Act of 2006''.

     SEC. 3302. FINDINGS.

       Congress finds that--
       (1) public transportation systems throughout the world have 
     been a primary target of terrorist attacks, causing countless 
     death and injuries;
       (2) 5,800 public transportation agencies operate in the 
     United States;
       (3) 14,000,000 people in the United States ride public 
     transportation each work day;
       (4) safe and secure public transportation systems are 
     essential for the Nation's economy and for significant 
     national and international public events;
       (5) the Federal Transit Administration has invested 
     $74,900,000,000 since 1992 for construction and improvements 
     to the Nation's public transportation systems;
       (6) the Federal Government appropriately invested 
     $18,100,000,000 in fiscal years 2002 through 2005 to protect 
     our Nation's aviation system and its 1,800,000 daily 
     passengers;
       (7) the Federal Government has allocated $250,000,000 in 
     fiscal years 2003 through 2005 to protect public 
     transportation systems in the United States;
       (8) the Federal Government has invested $7.38 in aviation 
     security improvements per passenger, but only $0.007 in 
     public transportation security improvements per passenger;
       (9) the Government Accountability Office, the Mineta 
     Institute for Surface Transportation Policy Studies, the 
     American Public Transportation Association, and many 
     transportation experts have reported an urgent need for 
     significant investment in public transportation security 
     improvements; and
       (10) the Federal Government has a duty to deter and 
     mitigate, to the greatest extent practicable, threats against 
     the Nation's public transportation systems.

     SEC. 3303. SECURITY ASSESSMENTS.

       (a) Public Transportation Security Assessments.--
       (1) Submission.--Not later than 30 days after the date of 
     the enactment of this Act, the Federal Transit Administration 
     of the Department of Transportation shall submit all public 
     transportation security assessments and all other relevant 
     information to the Secretary of Homeland Security.
       (2) Review.--Not later than July 31, 2007, the Secretary of 
     Homeland Security shall review and augment the security 
     assessments received under paragraph (1).
       (3) Allocations.--The Secretary of Homeland Security shall 
     use the security assessments received under paragraph (1) as 
     the basis for allocating grant funds under section 3304, 
     unless the Secretary notifies the Committee on Banking, 
     Housing, and Urban Affairs of the Senate that the Secretary 
     has determined that an adjustment is necessary to respond to 
     an urgent threat or other significant factors.
       (4) Security improvement priorities.--Not later than 
     September 30, 2007, the Secretary of Homeland Security, after 
     consultation with the management and employee representatives 
     of each public transportation system for which a security 
     assessment has been received under paragraph (1), shall 
     establish security improvement priorities that will be used 
     by public transportation agencies for any funding provided 
     under section 3304.
       (5) Updates.--Not later than July 31, 2008, and annually 
     thereafter, the Secretary of Homeland Security shall--
       (A) update the security assessments referred to in this 
     subsection; and
       (B) conduct security assessments of all public 
     transportation agencies considered to be at greatest risk of 
     a terrorist attack.
       (b) Use of Security Assessment Information.--The Secretary 
     of Homeland Security shall use the information collected 
     under subsection (a)--
       (1) to establish the process for developing security 
     guidelines for public transportation security; and
       (2) to design a security improvement strategy that--
       (A) minimizes terrorist threats to public transportation 
     systems; and
       (B) maximizes the efforts of public transportation systems 
     to mitigate damage from terrorist attacks.
       (c) Bus and Rural Public Transportation Systems.--Not later 
     than July 31, 2007, the Secretary of Homeland Security shall 
     conduct security assessments, appropriate to the size and 
     nature of each system, to determine the specific needs of--
       (1) local bus-only public transportation systems; and
       (2) selected public transportation systems that receive 
     funds under section 5311 of title 49, United States Code.

     SEC. 3304. SECURITY ASSISTANCE GRANTS.

       (a) Capital Security Assistance Program.--
       (1) In general.--The Secretary of Homeland Security shall 
     award grants directly to public transportation agencies for 
     allowable capital security improvements based on the 
     priorities established under section 3303(a)(4).
       (2) Allowable use of funds.--Grants awarded under paragraph 
     (1) may be used for--
       (A) tunnel protection systems;
       (B) perimeter protection systems;
       (C) redundant critical operations control systems;
       (D) chemical, biological, radiological, or explosive 
     detection systems;
       (E) surveillance equipment;
       (F) communications equipment;
       (G) emergency response equipment;
       (H) fire suppression and decontamination equipment;
       (I) global positioning or automated vehicle locator type 
     system equipment;
       (J) evacuation improvements; and

[[Page S9189]]

       (K) other capital security improvements.
       (b) Operational Security Assistance Program.--
       (1) In general.--The Secretary of Homeland Security shall 
     award grants directly to public transportation agencies for 
     allowable operational security improvements based on the 
     priorities established under section 3303(a)(4).
       (2) Allowable use of funds.--Grants awarded under paragraph 
     (1) may be used for--
       (A) security training for public transportation employees, 
     including bus and rail operators, mechanics, customer 
     service, maintenance employees, transit police, and security 
     personnel;
       (B) live or simulated drills;
       (C) public awareness campaigns for enhanced public 
     transportation security;
       (D) canine patrols for chemical, biological, or explosives 
     detection;
       (E) overtime reimbursement for enhanced security personnel 
     during significant national and international public events, 
     consistent with the priorities established under section 
     3303(a)(4); and
       (F) other appropriate security improvements identified 
     under section 3303(a)(4), excluding routine, ongoing 
     personnel costs.
       (c) Congressional Notification.--Not later than 3 days 
     before the award of any grant under this section, the 
     Secretary of Homeland Security shall notify the Committee on 
     Banking, Housing, and Urban Affairs of the Senate of the 
     intent to award such grant.
       (d) Public Transportation Agency Responsibilities.--Each 
     public transportation agency that receives a grant under this 
     section shall--
       (1) identify a security coordinator to coordinate security 
     improvements;
       (2) develop a comprehensive plan that demonstrates the 
     agency's capacity for operating and maintaining the equipment 
     purchased under this section; and
       (3) report annually to the Department of Homeland Security 
     on the use of grant funds received under this section.
       (e) Return of Misspent Grant Funds.--If the Secretary of 
     Homeland Security determines that a grantee used any portion 
     of the grant funds received under this section for a purpose 
     other than the allowable uses specified for that grant under 
     this section, the grantee shall return any amount so used to 
     the Treasury of the United States.

     SEC. 3305. INTELLIGENCE SHARING.

       (a) Intelligence Sharing.--The Secretary of Homeland 
     Security shall ensure that the Department of Transportation 
     receives appropriate and timely notification of all credible 
     terrorist threats against public transportation assets in the 
     United States.
       (b) Information Sharing Analysis Center.--
       (1) Establishment.--The Secretary of Homeland Security 
     shall provide sufficient financial assistance for the 
     reasonable costs of the Information Sharing and Analysis 
     Center for Public Transportation (referred to in this 
     subsection as the ``ISAC'') established pursuant to 
     Presidential Directive 63, to protect critical 
     infrastructure.
       (2) Public transportation agency participation.--The 
     Secretary of Homeland Security--
       (A) shall require those public transportation agencies that 
     the Secretary determines to be at significant risk of 
     terrorist attack to participate in the ISAC;
       (B) shall encourage all other public transportation 
     agencies to participate in the ISAC; and
       (C) shall not charge a fee to any public transportation 
     agency for participating in the ISAC.

     SEC. 3306. RESEARCH, DEVELOPMENT, AND DEMONSTRATION GRANTS.

       (a) Grants Authorized.--The Secretary of Homeland Security, 
     in consultation with the Federal Transit Administration, 
     shall award grants to public or private entities to conduct 
     research into, and demonstrate, technologies and methods to 
     reduce and deter terrorist threats or mitigate damages 
     resulting from terrorist attacks against public 
     transportation systems.
       (b) Use of Funds.--Grants awarded under subsection (a) may 
     be used to--
       (1) research chemical, biological, radiological, or 
     explosive detection systems that do not significantly impede 
     passenger access;
       (2) research imaging technologies;
       (3) conduct product evaluations and testing; and
       (4) research other technologies or methods for reducing or 
     deterring terrorist attacks against public transportation 
     systems, or mitigating damage from such attacks.
       (c) Reporting Requirement.--Each entity that receives a 
     grant under this section shall report annually to the 
     Department of Homeland Security on the use of grant funds 
     received under this section.
       (d) Return of Misspent Grant Funds.--If the Secretary of 
     Homeland Security determines that a grantee used any portion 
     of the grant funds received under this section for a purpose 
     other than the allowable uses specified under subsection (b), 
     the grantee shall return any amount so used to the Treasury 
     of the United States.

     SEC. 3307. REPORTING REQUIREMENTS.

       (a) Semi-Annual Report to Congress.--
       (1) In general.--Not later than March 31 and September 30 
     each year, the Secretary of Homeland Security shall submit a 
     report, containing the information described in paragraph 
     (2), to--
       (A) the Committee on Banking, Housing, and Urban Affairs of 
     the Senate;
       (B) the Committee on Homeland Security and Governmental 
     Affairs of the Senate; and
       (C) the Committee on Appropriations of the Senate.
       (2) Contents.--The report submitted under paragraph (1) 
     shall include--
       (A) a description of the implementation of the provisions 
     of sections 3303 through 3306;
       (B) the amount of funds appropriated to carry out the 
     provisions of each of sections 3303 through 3306 that have 
     not been expended or obligated; and
       (C) the state of public transportation security in the 
     United States.
       (b) Annual Report to Governors.--
       (1) In general.--Not later than March 31 each year, the 
     Secretary of Homeland Security shall submit a report to the 
     Governor of each State with a public transportation agency 
     that has received a grant under this title.
       (2) Contents.--The report submitted under paragraph (1) 
     shall specify--
       (A) the amount of grant funds distributed to each such 
     public transportation agency; and
       (B) the use of such grant funds.

     SEC. 3308. AUTHORIZATION OF APPROPRIATIONS.

       (a) Capital Security Assistance Program.--There are 
     authorized to be appropriated $2,370,000,000 for fiscal year 
     2007 to carry out the provisions of section 3304(a), which 
     shall remain available until expended.
       (b) Operational Security Assistance Program.--There are 
     authorized to be appropriated to carry out the provisions of 
     section 3304(b)--
       (1) $534,000,000 for fiscal year 2007;
       (2) $333,000,000 for fiscal year 2008; and
       (3) $133,000,000 for fiscal year 2009.
       (c) Intelligence.--There are authorized to be appropriated 
     such sums as may be necessary to carry out the provisions of 
     section 3305.
       (d) Research.--There are authorized to be appropriated 
     $130,000,000 for fiscal year 2007 to carry out the provisions 
     of section 3306, which shall remain available until expended.

     SEC. 3309. SUNSET PROVISION.

       The authority to make grants under this title shall expire 
     on October 1, 2010.

                     TITLE XXXIV--AVIATION SECURITY

     SEC. 3401. INAPPLICABILITY OF LIMITATION ON EMPLOYMENT OF 
                   PERSONNEL WITHIN TRANSPORTATION SECURITY 
                   ADMINISTRATION TO ACHIEVE AVIATION SECURITY.

       (a) In General.--Notwithstanding any other provision of 
     law, if the conditions set forth in subsection (b) are met, 
     the Secretary of Homeland Security is not required to--
       (1) comply with any statutory limitation on the number of 
     employees in the Transportation Security Administration 
     (referred to in this section as the ``TSA''), whether before 
     or after the transfer of the TSA from the Department of 
     Transportation to the Department of Homeland Security; or
       (2) comply with any administrative rule or regulation 
     imposing a limitation on the recruitment or employment of 
     personnel in the TSA to a maximum number of permanent 
     positions.
       (b) Conditions.--The conditions set forth in this 
     subsection are met if the enforcement or compliance with a 
     limitation, rule, or regulation described in subsection (a) 
     would prevent the Secretary of Homeland Security from 
     recruiting and employing in the TSA such personnel as may be 
     necessary--
       (1) to provide the highest levels of aviation security; and
       (2) to accomplish the objective specified in paragraph (1) 
     in such a manner that the average aviation security-related 
     delay experienced by airline passengers is reduced to less 
     than 10 minutes.

     SEC. 3402. AVIATION RESEARCH AND DEVELOPMENT FOR EXPLOSIVE 
                   DETECTION.

       (a) Advanced Explosives Detection Systems.--The Secretary 
     of Homeland Security, through the Under Secretary for Science 
     and Technology and the Assistant Secretary of the 
     Transportation Security Administration, and in consultation 
     with the Secretary of Transportation, shall, in carrying out 
     research and development on the detection of explosive 
     materials at airport security checkpoints, focus on the 
     detection of explosive materials, including liquid 
     explosives, in a manner that--
       (1) improves the ability of airport security technologies 
     to determine which items could--
       (A) threaten safety;
       (B) be used as an explosive; or
       (C) assembled into an explosive device; and
       (2) results in the development of an advanced screening 
     technology that incorporates existing technologies into a 
     single screening system.
       (b) Authorization of Appropriations.--
       (1) In general.--There are authorized to be appropriated to 
     the Secretary of Homeland Security to carry out this 
     section--
       (A) $200,000,000 for fiscal year 2008; and
       (B) $250,000,000 for fiscal year 2009.
       (2) Availability.--Amounts appropriated pursuant to 
     paragraph (1) shall remain available until expended.

     SEC. 3403. AVIATION REPAIR STATION SECURITY.

       (a) Certification of Foreign Repair Stations Suspension.--
     Beginning on the date that is 90 days after the date of the 
     enactment of this Act, the Administrator of the Federal 
     Aviation Administration may not certify any foreign repair 
     station under part 145 of title 14, Code of Federal 
     Regulations,

[[Page S9190]]

     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;

[[Page S9191]]

       (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.

                          ____________________