[Congressional Record (Bound Edition), Volume 153 (2007), Part 4]
[Senate]
[Pages 5749-5773]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

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

       Beginning on page 2 of the amendment, strike line 12 and 
     all that follows through page 3, line 11, and insert the 
     following:
       (b) Declaration of Policy.--It is the policy of the United 
     States to promote the reduction of global poverty, the 
     elimination of extreme global poverty, and the achievement of 
     the Millennium Challenge Account goals of political and 
     economic reforms by developing nations in three areas: ruling 
     justly, investing in people, and fostering economic freedom.
       (c) Comprehensive Strategy.--
       (1) Strategy required.--The President, acting through the 
     Secretary of State and in consultation with the heads of 
     other appropriate departments and agencies of the Government 
     of the United States, international organizations, 
     international financial institutions, the governments of 
     developing and developed countries, United States and 
     international nongovernmental organizations, civil society 
     organizations, and other appropriate entities, shall develop 
     and implement a comprehensive strategy to further the United 
     States foreign policy objective of promoting the reduction of 
     global poverty, and the achievement of the Millennium 
     Challenge Account goals of political and economic reforms by 
     developing nations in three areas: ruling justly, investing 
     in people, and fostering economic freedom.
                                 ______
                                 
  SA 374. Mr. COBURN submitted an amendment intended to be proposed to 
amendment SA 343 submitted by Ms. Cantwell (for herself, Mr. Dodd, and 
Mr. Feingold) and intended to be proposed to the bill S. 4, to make the 
United States more secure by implementing unfinished recommendations of 
the 9/11 Commission to fight the war on terror more effectively, to 
improve homeland security, and for other purposes; which was ordered to 
lie on the table; as follows:

       Beginning on page 2 of the amendment, strike line 12 and 
     all that follows through page 3, line 11, and insert the 
     following:
       (b) Declaration of Policy.--It is the policy of the United 
     States to promote the reduction of global poverty, the 
     elimination of extreme global poverty, and the achievement of 
     the Millennium Challenge Account goals of political and 
     economic reforms by developing nations in three areas: ruling 
     justly, investing in people, and fostering economic freedom.
       (c) Comprehensive Strategy.--
       (1) Strategy required.--The President, acting through the 
     Secretary of State and in consultation with the heads of 
     other appropriate departments and agencies of the Government 
     of the United States, international organizations, 
     international financial institutions, the governments of 
     developing and developed countries, United States and 
     international nongovernmental organizations, civil society 
     organizations, and other appropriate entities, shall develop 
     and implement a comprehensive strategy to further the United 
     States foreign policy objective of promoting the reduction of 
     global poverty, the elimination of extreme global poverty, 
     and the achievement of the Millennium Challenge Account goals 
     of political and economic reforms by developing nations in 
     three areas: ruling justly, investing in people, and 
     fostering economic freedom.
                                 ______
                                 
  SA 375. Ms. LANDRIEU submitted an amendment intended to be proposed 
to amendment SA 275 proposed by Mr. Reid (for himself, Mr. Lieberman, 
and Ms. Collins) to the bill S. 4, to make the United States more 
secure by implementing unfinished recommendations of the 9/11 
Commission to fight the war on terror more effectively, to improve 
homeland security, and for other purposes; which was ordered to lie on 
the table; as follows:

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

     SEC. 1385. COORDINATION OF EVACUATION AND SHELTERING PLANS.

       (a) Regional Evacuation Plans.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary, using the findings 
     contained in the report analyzing catastrophic hurricane 
     evacuation plans, which was submitted to Congress pursuant to 
     section 10204(d) of SAFETEA-LU (Public Law 109-59), in 
     cooperation with the Secretary of Transportation and the 
     Secretary of Defense, and in coordination with the plans 
     established pursuant to subsection (b), shall establish, and 
     submit to Congress, regional evacuation plans that--
       (A) are nationally coordinated;
       (B) incorporate all modes of transportation, including 
     interstate rail, commercial rail, commercial air, military 
     air, and commercial bus; and
       (C) clearly define the roles and responsibilities that each 
     Federal, State, or local government agency should undertake 
     to prepare for major evacuations.
       (2) Provision of evacuation and sheltering services.--The 
     Director of the Federal Emergency Management Agency, in 
     coordination with States, units of local government, 
     nonprofit organization, and other private entities, shall be 
     prepared to provide regionally-coordinated evacuation and 
     sheltering services for individuals affected by large-scale 
     disasters.
       (b) Regional Sheltering Plans.--Not later than 90 days 
     after the date of the enactment of this Act, the Secretary, 
     using the findings described in subsection (a), in 
     cooperation with the Secretary of Transportation and the 
     Secretary of Health and Human Services, and in coordination 
     with the plans established pursuant to subsection (a), 
     shall--
       (1) establish, and submit to Congress, regional sheltering 
     plans that--
       (A) are nationally coordinated; and
       (B) identify regional and national shelters capable of 
     housing evacuees and victims of a catastrophic natural 
     disaster or terrorist attack in any part of the country; and
       (2) develop a national sheltering database that can be 
     shared with States and units of local government during a 
     catastrophic event.
       (c) Rulemaking.--Not later than 90 days after the 
     evacuation and sheltering plans are submitted under this 
     section, the Secretary, the Secretary of Transportation, the 
     Secretary of Defense, and the Secretary of Health and Human 
     Services, shall--
       (1) issue regulations to implement the plans established 
     pursuant to subsections (a) and (b); and
       (2) recommend legislation to facilitate the implementation 
     of such plans.
       (d) Cost-Benefit Analysis.--
       (1) In general.--The Secretary, in consultation with the 
     Secretary of Transportation, shall conduct an analysis 
     comparing the costs and benefits of evacuating the people of 
     New Orleans during a natural disaster or terrorist attack 
     compared to the costs and benefits of sheltering such people.
       (2) Considerations.--In conducting the analysis under 
     paragraph (1), the Secretaries shall consider--
       (A) the 20,000 to 30,000 people in New Orleans with special 
     needs; and
       (B) the absence of shelters in Orleans Parish.
       (3) Technical assistance.--The Secretary and the Secretary 
     of Transportation shall provide technical assistance to State 
     and units of local government that are establishing 
     evacuation and sheltering plans, which identify and utilize 
     regional shelters, manpower, logistics, physical facilities, 
     and modes of transportation to be used to evacuate and 
     shelter large groups of people.
                                 ______
                                 
  SA 376. Ms. LANDRIEU submitted an amendment intended to be proposed 
to amendment SA 275 proposed by Mr. Reid (for himself, Mr. Lieberman, 
and Ms. Collins) to the bill S. 4, to make the United States more 
secure by implementing unfinished recommendations of the 9/11 
Commission to fight the war on terror more effectively, to improve 
homeland security, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the end of title XV, add the following:

[[Page 5750]]



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

       The Administrator of the Federal Emergency Management 
     Agency shall make a contribution of funds under section 406 
     of the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5172) to a State or local 
     government for the replacement of a public facility, if--
       (1) that facility was damaged as a result of Hurricane 
     Katrina or Hurricane Rita;
       (2) based on a cost estimate provided by the Federal 
     Emergency Management Agency to that State or local 
     government, the extent of the damage would require the 
     replacement of that facility, instead of the repair, 
     restoration, or reconstruction of that facility;
       (3) that State or local government acquired real property 
     for the purpose of the replacement of that facility based on 
     reasonable reliance on the cost estimate described under 
     paragraph (2); and
       (4) such funds would otherwise be available to that State 
     or local government for that facility in accordance with that 
     Act.
                                 ______
                                 
  SA 377. Mrs. FEINSTEIN (for herself and Mr. Sessions) submitted an 
amendment intended to be proposed by her to the bill S. 4, to make the 
United States more secure by implementing unfinished recommendations of 
the 9/11 Commission to fight the war on terror more effectively, to 
improve homeland security, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the end, add the following:

                  TITLE __--VISA AND PASSPORT SECURITY

     SEC. __01. SHORT TITLE.

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

             Subtitle A--Reform of Passport Fraud Offenses

     SEC. __11. TRAFFICKING IN PASSPORTS.

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

     ``Sec. 1541. Trafficking in passports

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

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

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

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

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

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

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

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

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

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

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

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

     SEC. __14. MISUSE OF A PASSPORT.

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

     ``Sec. 1544. Misuse of a passport

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

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

     SEC. __15. ATTEMPTS AND CONSPIRACIES.

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

     ``Sec. 1545. Attempts and conspiracies

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

     SEC. __16. IMMIGRATION AND VISA FRAUD.

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

     ``Sec. 1546. Immigration and visa fraud

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

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

     shall be fined under this title, imprisoned not more than 20 
     years, or both.
       ``(c) Immigration Document Materials.--Any person who 
     knowingly and without lawful authority produces, buys, sells, 
     possesses, or uses any official material (or counterfeit of 
     any official material) used to make immigration documents, 
     including any distinctive paper, seal, hologram, image, text, 
     symbol, stamp, engraving, or plate, shall be fined under this 
     title, imprisoned not more than 20 years, or both.
       ``(d) Employment Documents.--Whoever uses--

[[Page 5751]]

       ``(1) an identification document, knowing (or having reason 
     to know) that the document was not issued lawfully for the 
     use of the possessor;
       ``(2) an identification document knowing (or having reason 
     to know) that the document is false; or
       ``(3) a false attestation,
     for the purpose of satisfying a requirement of section 
     274A(b) of the Immigration and Nationality Act (8 U.S.C. 
     1324a(b)), shall be fined under this title, imprisoned not 
     more than 5 years, or both.''.

     SEC. __17. ALTERNATIVE IMPRISONMENT MAXIMUM FOR CERTAIN 
                   OFFENSES.

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

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

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

     ``Sec. 1548. Additional jurisdiction

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

     ``Sec. 1549. Authorized law enforcement activities

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

     ``Sec. 1550. Definitions

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

     SEC. __19. CLERICAL AMENDMENT.

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

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

                       Subtitle B--Other Reforms

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

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

     SEC. __22. RELEASE AND DETENTION PRIOR TO DISPOSITION.

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

[[Page 5752]]

       ``(iii) has committed a felony offense under chapter 75 of 
     this title.''.
       (b) Factors To Be Considered.--Section 3142(g)(3) of title 
     18, United States Code, is amended--
       (1) in subparagraph (A), by striking ``and'' at the end; 
     and
       (2) by adding at the end the following new subparagraph:
       ``(C) the person's immigration status; and''.

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

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

     SEC. __24. DIPLOMATIC SECURITY SERVICE.

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

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

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

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

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

``3291. Immigration, passport, and naturalization offenses''.
                                 ______
                                 
  SA 378. Mr. KERRY (for himself, Mr. Dodd, Mr. Biden, and Mr. Leahy) 
submitted an amendment intended to be proposed to amendment SA 275 
proposed by Mr. Reid (for himself, Mr. Lieberman, and Ms. Collins) to 
the bill S. 4, to make the United States more secure by implementing 
unfinished recommendations of the 9/11 Commission to fight the war on 
terror more effectively, to improve homeland security, and for other 
purposes; which was ordered to lie on the table; as follows:

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

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

       (a) Findings.--Congress makes the following findings:
       (1) A democratic, stable, and prosperous Pakistan that is a 
     full and reliable partner in the struggle against Al Qaeda 
     and the Taliban and a responsible steward of its nuclear 
     weapons and technology is vital to the national security of 
     the United States and to combating international terrorism.
       (2) Since September 11, 2001, Pakistan has been an 
     important partner in removing the Taliban regime in 
     Afghanistan and combating Al Qaeda and international 
     terrorism, engaging in operations that have led to the deaths 
     of hundreds of Pakistani security personnel and enduring acts 
     of terrorism and sectarian violence that have killed many 
     innocent civilians.
       (3) Senior United States military and intelligence 
     officials have stated that the Taliban and Al Qaeda have 
     established critical sanctuaries in Pakistan from where Al 
     Qaeda is rebuilding its global terrorist network and Taliban 
     forces are crossing into Afghanistan and attacking Afghan, 
     US, and International Security Assistance Force (ISAF) 
     personnel.
       (b) Statement of Policy.--It is the policy of the United 
     States--
       (1) to maintain and deepen its long-term strategic 
     partnership with Pakistan;
       (2) to work with the Government of Pakistan to combat 
     international terrorism and to end the use of Pakistani 
     territory as a safe haven for Al Qaeda, the Taliban, and 
     associated terrorist organizations, including through the 
     integration and development of the Federally Administered 
     Tribal Areas (FATA);
       (3) to work with the Government of Pakistan to dismantle 
     existing proliferation networks and prevent nuclear 
     proliferation;
       (4) to work to facilitate the peaceful resolution of all 
     bilateral disputes between Pakistan and its neighboring 
     countries;
       (5) to encourage the transition in Pakistan to a fully 
     democratic system of governance; and
       (6) to implement a robust aid strategy that supports 
     programs in Pakistan related to education, governance, rule 
     of law, women's rights, medical access, and infrastructure 
     development.
       (c) Sense of Congress.--It is the sense of Congress that 
     the determination of appropriate levels of United States 
     military assistance to Pakistan should be guided by 
     demonstrable progress by the Government of Pakistan in--
       (1) preventing Al Qaeda and associated terrorist 
     organizations from operating in the territory of Pakistan, 
     including by eliminating terrorist training camps or 
     facilities, arresting members of Al Qaeda and associated 
     terrorist organizations, and countering recruitment efforts;
       (2) preventing the Taliban from using the territory of 
     Pakistan as a sanctuary from which to launch attacks within 
     Afghanistan, including by arresting Taliban leaders, stopping 
     cross-border incursions, and countering recruitment efforts; 
     and
       (3) implementing democratic reforms, including by allowing 
     free, fair, and inclusive elections at all levels of 
     government in accordance with internationally recognized 
     democratic norms.
                                 ______
                                 
  SA 379. Mr. GRASSLEY submitted an amendment intended to be proposed 
to amendment SA 272 proposed by Mr. Allard to the amendment SA 275 
proposed by Mr. Reid (for himself, Mr. Lieberman, and Ms. Collins) to 
the bill S. 4, to make the United States more secure by implementing 
unfinished recommendations of the 9/11 Commission to fight the war on 
terror more effectively, to improve homeland security, and for other 
purposes; which was ordered to lie on the table; as follows:

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

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

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

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

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

       ``(I) who is under the age of 14 (or any lesser age the 
     Secretary shall request), according to the records maintained 
     by the Commissioner of Social Security,
       ``(II) whose date of death, according to the records so 
     maintained, occurred in a calendar year preceding the 
     calendar year for which the information return was filed,

[[Page 5753]]

       ``(III) whose taxpayer identifying number is contained in 
     more than one (or any greater number the Secretary shall 
     request) information return filed in such calendar year, or
       ``(IV) who is not authorized to work in the United States, 
     according to the records maintained by the Commissioner of 
     Social Security,

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

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

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

       At the end of title XV add the following:

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

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

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

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

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

     and the taxpayer identity of each such employee.
       ``(B) Restriction on disclosure.--The Commissioner of 
     Social Security shall disclose taxpayer identity information 
     under subparagraph (A) only for purposes of, and to the 
     extent necessary to assist the Secretary in--
       ``(i) carrying out, including through civil administrative 
     and civil judicial proceedings, of sections 212, 217, 235, 
     237, 238, 274A, 274B, and 274C of the Immigration and 
     Nationality Act, and
       ``(ii) the civil operation of the Alien Terrorist Removal 
     Court.
       ``(C) Reimbursement.--The Commissioner of Social Security 
     shall prescribe a reasonable fee schedule for furnishing 
     taxpayer identity information under this paragraph and 
     collect such fees in advance from the Secretary.
       ``(D) Termination.--This paragraph shall not apply to any 
     request made after the date which is 3 years after the date 
     of the enactment of this paragraph.''.
       (2) Compliance by dhs contractors with confidentiality 
     safeguards.--
       (A) In general.--Section 6103(p) of such Code is amended by 
     adding at the end the following new paragraph:
       ``(9) Disclosure to dhs contractors.--Notwithstanding any 
     other provision of this section, no return or return 
     information shall be disclosed to any contractor of the 
     Department of Homeland Security unless

[[Page 5754]]

     such Department, to the satisfaction of the Secretary--
       ``(A) has requirements in effect which require each such 
     contractor which would have access to returns or return 
     information to provide safeguards (within the meaning of 
     paragraph (4)) to protect the confidentiality of such returns 
     or return information,
       ``(B) agrees to conduct an on-site review every 3 years 
     (mid-point review in the case of contracts or agreements of 
     less than 3 years in duration) of each contractor to 
     determine compliance with such requirements,
       ``(C) submits the findings of the most recent review 
     conducted under subparagraph (B) to the Secretary as part of 
     the report required by paragraph (4)(E), and
       ``(D) certifies to the Secretary for the most recent annual 
     period that such contractor is in compliance with all such 
     requirements.
     The certification required by subparagraph (D) shall include 
     the name and address of each contractor, a description of the 
     contract or agreement with such contractor, and the duration 
     of such contract or agreement.''.
       (3) Conforming amendments.--
       (A) Section 6103(a)(3) of such Code is amended by striking 
     ``or (20)'' and inserting ``(20), or (21)''.
       (B) Section 6103(p)(3)(A) of such Code is amended by adding 
     at the end the following new sentence: ``The Commissioner of 
     Social Security shall provide to the Secretary such 
     information as the Secretary may require in carrying out this 
     paragraph with respect to return information inspected or 
     disclosed under the authority of subsection (l)(21).''.
       (C) Section 6103(p)(4) of such Code is amended--
       (i) by striking ``or (17)'' both places it appears and 
     inserting ``(17), or (21)''; and
       (ii) by striking ``or (20)'' each place it appears and 
     inserting ``(20), or (21)''.
       (D) Section 6103(p)(8)(B) of such Code is amended by 
     inserting ``or paragraph (9)'' after ``subparagraph (A)''.
       (E) Section 7213(a)(2) of such Code is amended by striking 
     ``or (20)'' and inserting ``(20), or (21)''.
       (b) Authorization of Appropriations.--
       (1) In general.--There are authorized to be appropriated to 
     the Secretary of Homeland Security such sums as are necessary 
     to carry out the amendments made by this section.
       (2) Limitation on verification responsibilities of 
     commissioner of social security.--The Commissioner of Social 
     Security is authorized to perform activities with respect to 
     carrying out the Commissioner's responsibilities in the 
     amendments made by subsection (a), but only to the extent the 
     Secretary of Homeland Security has provided, in advance, 
     funds to cover the Commissioner's full costs in carrying out 
     such responsibilities. In no case shall funds from the 
     Federal Old-Age and Survivors Insurance Trust Fund or the 
     Federal Disability Insurance Trust Fund be used to carry out 
     such responsibilities.
       (c) Repeal of Reporting Requirements.--
       (1) Report on earnings of aliens not authorized to work.--
     Subsection (c) of section 290 of the Immigration and 
     Nationality Act (8 U.S.C. 1360) is repealed.
       (2) Report on fraudulent use of social security account 
     numbers.--Subsection (b) of section 414 of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (division C of Public Law 104-208; 8 U.S.C. 1360 note) is 
     repealed.
       (d) Effective Dates.--
       (1) In general.--The amendments made by subsection (a) 
     shall apply to disclosures made after the date of the 
     enactment of this Act.
       (2) Certifications.--The first certification under section 
     6103(p)(9)(D) of the Internal Revenue Code of 1986, as added 
     by subsection (a)(2), shall be made with respect to calendar 
     year 2007.
       (3) Repeals.--The repeals made by subsection (c) shall take 
     effect on the date of the enactment of this Act.
                                 ______
                                 
  SA 381. Mr. INHOFE (for himself, Mr. Bunning, and Mr. Voinovich) 
submitted an amendment intended to be proposed to amendment SA 275 
proposed by Mr. Reid (for himself, Mr. Lieberman, and Ms. Collins) to 
the bill S. 4, to make the United States more secure by implementing 
unfinished recommendations of the 9/11 Commission to fight the war on 
terror more effectively, to improve homeland security, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

                   TITLE __--DOMESTIC FUELS SECURITY

     SEC. __01. SHORT TITLE.

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

     SEC. __2. DEFINITIONS.

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

    Subtitle A--Collaborative Permitting Process for Domestic Fuels 
                               Facilities

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

       (a) In General.--At the request of the Governor of a State 
     or the governing body of an Indian tribe, the Administrator 
     shall enter into a domestic fuels facility permitting 
     agreement with the State or Indian tribe under which the 
     process for obtaining all permits necessary for the 
     construction and operation of a domestic fuels facility shall 
     be improved using a systematic interdisciplinary multimedia 
     approach as provided in this section.
       (b) Authority of Administrator.--Under a domestic fuels 
     facility permitting agreement--
       (1) the Administrator shall have authority, as applicable 
     and necessary, to--
       (A) accept from a refiner a consolidated application for 
     all permits that the domestic fuels producer is required to 
     obtain to construct and operate a domestic fuels facility;
       (B) establish a schedule under which each Federal, State, 
     or Indian tribal government agency that is required to make 
     any determination to authorize the issuance of a permit 
     shall--
       (i) concurrently consider, to the maximum extent 
     practicable, each determination to be made; and
       (ii) complete each step in the permitting process; and
       (C) issue a consolidated permit that combines all permits 
     that the domestic fuels producer is required to obtain; and
       (2) the Administrator shall provide to State and Indian 
     tribal government agencies--
       (A) financial assistance in such amounts as the agencies 
     reasonably require to hire such additional personnel as are 
     necessary to enable the government agencies to comply with 
     the applicable schedule established under paragraph (1)(B); 
     and
       (B) technical, legal, and other assistance in complying 
     with the domestic fuels facility permitting agreement.
       (c) Agreement by the State.--Under a domestic fuels 
     facility permitting agreement, a State or governing body of 
     an Indian tribe shall agree that--
       (1) the Administrator shall have each of the authorities 
     described in subsection (b); and

[[Page 5755]]

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

      Subtitle B--Environmental Analysis of Fischer-Tropsch Fuels

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

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

                Subtitle C--Domestic Coal-to-Liquid Fuel

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

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

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

       (a) Definition of Eligible Recipient.--In this section, the 
     term ``eligible recipient'' means an individual, 
     organization, or other entity that owns, operates, or plans 
     to construct a coal-to-liquid facility that will produce at 
     least 10,000 barrels per day of coal-to-liquid fuel.
       (b) Establishment.--The Secretary shall establish a program 
     under which the Secretary shall provide loans, in a total 
     amount

[[Page 5756]]

     not to exceed $20,000,000, for use by eligible recipients to 
     pay the Federal share of the cost of obtaining any services 
     necessary for the planning, permitting, and construction of a 
     coal-to-liquid facility.
       (c) Application.--To be eligible to receive a loan under 
     subsection (b), the eligible recipient shall submit to the 
     Secretary an application at such time, in such manner, and 
     containing such information as the Secretary may require.
       (d) Non-Federal Matching Requirement.--To be eligible to 
     receive a loan under this section, an eligible recipient 
     shall use non-Federal funds to provide a dollar-for-dollar 
     match of the amount of the loan.
       (e) Repayment of Loan.--
       (1) In general.--To be eligible to receive a loan under 
     this section, an eligible recipient shall agree to repay the 
     original amount of the loan to the Secretary not later than 5 
     years after the date of the receipt of the loan.
       (2) Source of funds.--Repayment of a loan under paragraph 
     (1) may be made from any financing or assistance received for 
     the construction of a coal-to-liquid facility described in 
     subsection (a), including a loan guarantee provided under 
     section 1703(b)(11) of the Energy Policy Act of 2005 (42 
     U.S.C. 16513(b)(11)).
       (f) Requirements.--
       (1) Guidelines.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall publish guidelines 
     for the coal-to-liquids loan application process.
       (2) Applications.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall begin to accept 
     applications for coal-to-liquid loans under this section.
       (g) Reports to Congress.--Not later than each of 180 days 
     and 1 year after the date of enactment of this Act, the 
     Secretary shall submit to the Committee on Energy and Natural 
     Resources and the Committee on Environment and Public Works 
     of the Senate and the Committee on Energy and Commerce of the 
     House of Representatives a report describing the status of 
     the program under this section.
       (h) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $200,000,000, to 
     remain available until expended.

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

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

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

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

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

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

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

              Subtitle E--Authorization of Appropriations

     SEC. __51. AUTHORIZATION OF APPROPRIATIONS.

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

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

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

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

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

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

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

[[Page 5757]]

     or thing of value, good, service, right, or privilege 
     provided by the United States, a State or local government, 
     or other entity.''.
       (2) Clerical amendment.--The table of sections for chapter 
     47 of title 18, United States Code, is amended by adding at 
     the end the following new item:

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

       (b) Increased Criminal Penalties for Engaging in Wire, 
     Radio, and Television Fraud During and Relation to a 
     Presidentially Declared Major Disaster or Emergency.--Section 
     1343 of title 18, United States Code, is amended by 
     inserting: ``occurs in relation to, or involving any benefit 
     authorized, transported, transmitted, transferred, disbursed, 
     or paid in connection with, a presidentially declared major 
     disaster or emergency (as those terms are defined in section 
     102 of the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5122)), or'' after ``If the 
     violation''.
       (c) Increased Criminal Penalties for Engaging in Mail Fraud 
     During and Relation to a Presidentially Declared Major 
     Disaster or Emergency.--Section 1341 of title 18, United 
     States Code, is amended by inserting: ``occurs in relation 
     to, or involving any benefit authorized, transported, 
     transmitted, transferred, disbursed, or paid in connection 
     with, a presidentially declared major disaster or emergency 
     (as those terms are defined in section 102 of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5122)), or'' after ``If the violation''.
       (d) Directive to Sentencing Commission.--
       (1) In general.--Pursuant to its authority under section 
     994(p) of title 28, United States Code, and in accordance 
     with this subsection, the United States Sentencing Commission 
     forthwith shall--
       (A) promulgate sentencing guidelines or amend existing 
     sentencing guidelines to provide for increased penalties for 
     persons convicted of fraud or theft offenses in connection 
     with a major disaster declaration under section 401 of the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5170) or an emergency declaration under 
     section 501 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5191); and
       (B) submit to the Committee on the Judiciary of the Senate 
     and the Committee on the Judiciary of the House of 
     Representatives an explanation of actions taken by the 
     Commission pursuant to subparagraph (A) and any additional 
     policy recommendations the Commission may have for combating 
     offenses described in that subparagraph.
       (2) Requirements.--In carrying out this subsection, the 
     Sentencing Commission shall--
       (A) ensure that the sentencing guidelines and policy 
     statements reflect the serious nature of the offenses 
     described in paragraph (1) and the need for aggressive and 
     appropriate law enforcement action to prevent such offenses;
       (B) assure reasonable consistency with other relevant 
     directives and with other guidelines;
       (C) account for any aggravating or mitigating circumstances 
     that might justify exceptions, including circumstances for 
     which the sentencing guidelines currently provide sentencing 
     enhancements;
       (D) make any necessary conforming changes to the sentencing 
     guidelines; and
       (E) assure that the guidelines adequately meet the purposes 
     of sentencing as set forth in section 3553(a)(2) of title 18, 
     United States Code.
       (3) Emergency authority and deadline for commission 
     action.--The Commission shall promulgate the guidelines or 
     amendments provided for under this subsection as soon as 
     practicable, and in any event not later than the 30 days 
     after the date of enactment of this Act, in accordance with 
     the procedures set forth in section 21(a) of the Sentencing 
     Reform Act of 1987, as though the authority under that Act 
     had not expired.

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

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

             Subtitle D--Transport of High Hazard Materials

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

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

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

       At the end, add the following:

     SEC. 1505. HOMELAND SECURITY TRUST FUND.

       (a) Definitions.--In this section:
       (1) Trust fund.--The term ``Trust Fund'' means the Homeland 
     Security and Neighborhood Safety Trust Fund established under 
     subsection (b).
       (2) Commission.--The term ``Commission'' means the National 
     Commission on Terrorist Attacks upon the United States, 
     established under title VI of the Intelligence Authorization 
     Act for Fiscal Year 2003 (Public Law 107-306; 6 U.S.C. 101 
     note).
       (b) Homeland Security and Neighborhood Safety Trust Fund.--
       (1) Establishment of trust fund.--There is established in 
     the Treasury of the United States a trust fund to be known as 
     the ``Homeland Security and Neighborhood Safety Trust Fund'', 
     consisting of such amounts as may be appropriated or credited 
     to the Trust Fund.
       (2) Rules regarding transfers to and management of trust 
     fund.--For purposes of this section, rules similar to the 
     rules of sections 9601 and 9602 of the Internal Revenue Code 
     of 1986 shall apply.
       (3) Distribution of amounts in trust fund.--Amounts in the 
     Trust Fund shall be available, as provided by appropriation 
     Acts, for making expenditures for fiscal years 2008 through 
     2012 to meet those obligations of the United States incurred 
     which are authorized under subsection (d) for such fiscal 
     years.
       (4) Sense of the senate.--It is the sense of the Senate 
     that the Committee on Finance of the Senate should report to 
     the Senate not later than 30 days after the date of the 
     enactment of this Act legislation which--
       (A) increases revenues to the Treasury in the amount of 
     $53,300,000,000 during taxable years 2008 through 2012 by 
     reducing scheduled and existing income tax reductions enacted 
     since taxable year 2001 with respect to the taxable incomes 
     of taxpayers in excess of $1,000,000, and
       (B) appropriates an amount equal to such revenues to the 
     Homeland Security and Neighborhood Safety Trust Fund.
       (c) Preventing Terror Attacks on the Homeland.--
       (1) Authorization of appropriations for supporting law 
     enforcement.--There are authorized to be appropriated from 
     the Trust Fund--

[[Page 5758]]

       (A) $1,150,000,000 for each of the fiscal years 2008 
     through 2012 for the Office of Community Oriented Policing 
     Services for grants to State, local, and tribal law 
     enforcement to hire officers, purchase technology, conduct 
     training, and to develop local counterterrorism units;
       (B) $900,000,000 for each of the fiscal years 2008 through 
     2012 for the Justice Assistance Grant; and
       (C) $500,000,000 for each of the fiscal years 2008 through 
     2012 for the Law Enforcement Terrorism Prevention Grant 
     Program.
       (2) Authorization of appropriations for responding to 
     terrorist attacks and natural disasters.--There are 
     authorized to be appropriated from the Trust Fund--
       (A) $500,000,000 for each of fiscal years 2008 through 2012 
     for the Federal Emergency Management Agency for Fire Act 
     Grants; and
       (B) $500,000,000 for each of fiscal years 2008 through 2012 
     for the Federal Emergency Management Agency for SAFER Grants.
       (d) Authorization of Appropriations for Additional 
     Activities for Homeland Security.--There are authorized to be 
     appropriated from the Trust Fund such sums as necessary for--
       (1) the implementation of all the recommendations of the 
     Commission, including the provisions of this section;
       (2) fully funding the grant programs authorized under this 
     bill, including the State Homeland Security Grant Program, 
     the Urban Area Security Initiative, the Emergency Management 
     Performance Grant Program, the Emergency Communications and 
     Interoperability Grant Programs, rail and transit security 
     grants and any other grant program administered by the 
     Department;
       (3) improving airline passenger screening and cargo 
     scanning;
       (4) improving information sharing and communications 
     interoperability;
       (5) supporting State and local government law enforcement 
     and first responders, including enhancing communications 
     interoperability and information sharing;
       (6) enhancing the inspection and promoting 100 percent 
     scanning of cargo containers destined for ports in the United 
     States and to ensure screening of domestic air cargo;
       (7) protecting critical infrastructure and other high 
     threat targets such as passenger rail, freight rail, and 
     transit systems, chemical and nuclear plants;
       (8) enhancing the preparedness of the public health sector 
     to prevent and respond to acts of biological and nuclear 
     terrorism;
       (9) the development of scanning technologies to detect 
     dangerous substances at United States ports of entry; and
       (10) other high risk targets of interest, including 
     nonprofit organizations and in the private sector.
                                 ______
                                 
  SA 385. Mr. BOND (for himself and Mr. Rockefeller) submitted an 
amendment intended to be proposed by him to the bill S. 4, to make the 
United States more secure by implementing unfinished recommendations of 
the 9/11 Commission to fight the war on terror more effectively, to 
improve homeland security, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the appropriate place, insert the following:

                TITLE _--INTELLIGENCE AUTHORIZATION ACT

     SEC. __. SHORT TITLE.

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

                  Subtitle A--Intelligence Activities

     SEC. ___. AUTHORIZATION OF APPROPRIATIONS.

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

     SEC. ___. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.

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

     SEC. ___. INCORPORATION OF CLASSIFIED ANNEX.

       (a) Status of Classified Annex.--The Classified Annex 
     prepared by the Select Committee on Intelligence of the 
     Senate to accompany its report on the bill S. 372 of the One 
     Hundred Tenth Congress and transmitted to the President is 
     hereby incorporated into this Act.
       (b) Construction With Other Provisions of Division.--Unless 
     otherwise specifically stated, the amounts specified in the 
     Classified Annex are not in addition to amounts authorized to 
     be appropriated by other provisions of this Act.
       (c) Limitation on Use of Funds.--Funds appropriated 
     pursuant to an authorization contained in this Act that are 
     made available for a program, project, or activity referred 
     to in the Classified Annex may only be expended for such 
     program, project, or activity in accordance with such terms, 
     conditions, limitations, restrictions, and requirements as 
     are set out for that program, project, or activity in the 
     Classified Annex.
       (d) Distribution of Classified Annex.--The President shall 
     provide for appropriate distribution of the Classified Annex, 
     or of appropriate portions of the annex, within the executive 
     branch of the Government.

     SEC. ___. PERSONNEL CEILING ADJUSTMENTS.

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

     SEC. ___. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.

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

[[Page 5759]]

     member may be detailed on a nonreimbursable basis for a 
     period of less than one year for the performance of temporary 
     functions as required by the Director of National 
     Intelligence.

     SEC. ___. INCORPORATION OF REPORTING REQUIREMENTS.

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

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

       (a) Amounts Requested Each Fiscal Year.--The President 
     shall disclose to the public for each fiscal year after 
     fiscal year 2007 the aggregate amount of appropriations 
     requested in the budget of the President for such fiscal year 
     for the National Intelligence Program.
       (b) Amounts Authorized and Appropriated Each Fiscal Year.--
     Congress shall disclose to the public for each fiscal year 
     after fiscal year 2006 the aggregate amount of funds 
     authorized to be appropriated, and the aggregate amount of 
     funds appropriated, by Congress for such fiscal year for the 
     National Intelligence Program.

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

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


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

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

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

   Subtitle B--Central Intelligence Agency Retirement and Disability 
                                 System

     SEC. ___. AUTHORIZATION OF APPROPRIATIONS.

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

  Subtitle C--Intelligence and General Intelligence Community Matters

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

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

     SEC. ___. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.

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

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

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

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

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

[[Page 5760]]

     by subsection (b)(2) in full or to all the members of the 
     congressional intelligence committees, and requests that such 
     information not be provided in full or to all members of the 
     congressional intelligence committees, for the reason 
     specified in paragraph (2), the Director shall, in a timely 
     fashion, provide written notification to all the members of 
     such committees of the determination not to provide such 
     information in full or to all members of such committees. 
     Such notice shall be submitted in a classified form and 
     include a statement of the reasons for such determination and 
     a description that provides the main features of the covert 
     action covered by such determination.''.''.
       (3) Modification of nature of change of covert action 
     triggering notice requirements.--Subsection (d) of such 
     section is amended by striking ``significant'' the first 
     place it appears.

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

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

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

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

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

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

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

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

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

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


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

       ``Sec. 1103.  (a) Authority To Retain Amounts Paid.--
     Notwithstanding section 3302 of title 31, United States Code, 
     or any other provision of law, the head of an element of the 
     intelligence community may retain amounts paid or reimbursed 
     to the United States, including amounts paid by an employee 
     of the Federal Government from personal funds, for repayment 
     of a debt owed to the element of the intelligence community.
       ``(b) Crediting of Amounts Retained.--(1) Amounts retained 
     under subsection (a) shall be credited to the current 
     appropriation or account from which such funds were derived 
     or whose expenditure formed the basis for the underlying 
     activity from which the debt concerned arose.
       ``(2) Amounts credited to an appropriation or account under 
     paragraph (1) shall be merged with amounts in such 
     appropriation or account, and shall be available in 
     accordance with subsection (c).
       ``(c) Availability of Amounts.--Amounts credited to an 
     appropriation or account under subsection (b) with respect to 
     a debt owed to an element of the intelligence community shall 
     be available to the head of such element, for such time as is 
     applicable to amounts in such appropriation or account, or 
     such longer time as may be provided by law, for purposes as 
     follows:
       ``(1) In the case of a debt arising from lost or damaged 
     property of such element, the repair of such property or the 
     replacement of such property with alternative property that 
     will perform the same or similar functions as such property.
       ``(2) The funding of any other activities authorized to be 
     funded by such appropriation or account.
       ``(d) Debt Owed to an Element of the Intelligence Community 
     Defined.--In this section, the term `debt owed to an element 
     of the intelligence community' means any of the following:
       ``(1) A debt owed to an element of the intelligence 
     community by an employee or former employee of such element 
     for the negligent or willful loss of or damage to property of 
     such element that was procured by such element using 
     appropriated funds.
       ``(2) A debt owed to an element of the intelligence 
     community by an employee or former employee of such element 
     as repayment for default on the terms and conditions 
     associated with a scholarship, fellowship, or other 
     educational assistance provided to such individual by such 
     element, whether in exchange for future services or 
     otherwise, using appropriated funds.
       ``(3) Any other debt or repayment owed to an element of the 
     intelligence community by a private person or entity by 
     reason of the negligent or willful action of such person or 
     entity, as determined by a court of competent jurisdiction or 
     in a lawful administrative proceeding.''.
       (b) Clerical Amendment.--The table of contents in the first 
     section of that Act is amended by adding at the end the 
     following new item:

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

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

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

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

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

[[Page 5761]]

       (1) Expenses in connection with travel of personnel, 
     including travel of dependents.
       (2) Expenses in connection with transportation of personal 
     effects, household goods, or automobiles of personnel.

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

       (a) Report Required.--Not later than May 1, 2007, the 
     Director of National Intelligence shall submit to the 
     congressional intelligence committees a comprehensive report 
     on all measures taken by the Office of the Director of 
     National Intelligence and by each element, if any, of the 
     intelligence community with relevant responsibilities to 
     comply with the provisions of the Detainee Treatment Act of 
     2005 (title X of division A of Public Law 109-148).
       (b) Elements.--The report required by subsection (a) shall 
     include the following:
       (1) A description of the detention or interrogation 
     methods, if any, that have been determined to comply with 
     section 1003 of the Detainee Treatment Act of 2005 (119 Stat. 
     2739; 42 U.S.C. 2000dd), and, with respect to each such 
     method--
       (A) an identification of the official making such 
     determination; and
       (B) a statement of the basis for such determination.
       (2) A description of the detention or interrogation 
     methods, if any, whose use has been discontinued pursuant to 
     the Detainee Treatment Act of 2005, and, with respect to each 
     such method--
       (A) an identification of the official making the 
     determination to discontinue such method; and
       (B) a statement of the basis for such determination.
       (3) A description of any actions that have been taken to 
     implement section 1004 of the Detainee Treatment Act of 2005 
     (119 Stat. 2740; 42 U.S.C. 2000dd-1), and, with respect to 
     each such action--
       (A) an identification of the official taking such action; 
     and
       (B) a statement of the basis for such action.
       (4) Any other matters that the Director considers necessary 
     to fully and currently inform the congressional intelligence 
     committees about the implementation of the Detainee Treatment 
     Act of 2005.
       (5) An appendix containing--
       (A) all guidelines for the application of the Detainee 
     Treatment Act of 2005 to the detention or interrogation 
     activities, if any, of any element of the intelligence 
     community; and
       (B) all legal opinions of any office or official of the 
     Department of Justice about the meaning or application of 
     Detainee Treatment Act of 2005 with respect to the detention 
     or interrogation activities, if any, of any element of the 
     intelligence community.
       (c) Form.--The report required by subsection (a) shall be 
     submitted in classified form.
       (d) Definitions.--In this section:
       (1) The term ``congressional intelligence committees'' 
     means--
       (A) the Select Committee on Intelligence of the Senate; and
       (B) the Permanent Select Committee of the House of 
     Representatives.
       (2) The term ``intelligence community'' means the elements 
     of the intelligence community specified in or designated 
     under section 3(4) of the National Security Act of 1947 (50 
     U.S.C. 401a(4)).

     SEC. ___. REPORT ON ANY CLANDESTINE DETENTION FACILITIES FOR 
                   INDIVIDUALS CAPTURED IN THE GLOBAL WAR ON 
                   TERRORISM.

       (a) In General.--The President shall ensure that the United 
     States Government continues to comply with the authorization, 
     reporting, and notification requirements of title V of the 
     National Security Act of 1947 (50 U.S.C. 413 et seq.).
       (b) Director of National Intelligence Report.--
       (1) Report required.--Not later than 60 days after the date 
     of the enactment of this Act, the Director of National 
     Intelligence shall provide to the members of the Select 
     Committee on Intelligence of the Senate and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives a report on any clandestine prison or 
     detention facility currently or formerly operated by the 
     United States Government for individuals captured in the 
     global war on terrorism.
       (2) Elements.--The report required by paragraph (1) shall 
     include the following:
       (A) The date each prison or facility became operational 
     and, if applicable, the date on which each prison or facility 
     ceased its operations.
       (B) The total number of prisoners or detainees held at each 
     prison or facility during its operation.
       (C) The current number of prisoners or detainees held at 
     each operational prison or facility.
       (D) The total and average annual costs of each prison or 
     facility during its operation.
       (E) A description of the interrogation procedures used or 
     formerly used on detainees at each prison or facility, 
     including whether a determination has been made that such 
     procedures are or were in compliance with the United States 
     obligations under the Geneva Conventions and the Convention 
     Against Torture.

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

        PART I--OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE

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

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

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

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

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

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

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

       Section 102A of the National Security Act of 1947 (50 
     U.S.C. 403-1) is amended by adding at the end the following 
     new subsection:
       ``(s) Additional Administrative Authorities.--(1) 
     Notwithstanding section 1532 of title 31, United States Code, 
     or any other provision of law prohibiting the interagency 
     financing of activities described in clause (i) or (ii) of 
     subparagraph (A), in the performance of the responsibilities, 
     authorities, and duties of the Director of National 
     Intelligence or the Office of the Director of National 
     Intelligence--
       ``(A) the Director may authorize the use of interagency 
     financing for--
       ``(i) national intelligence centers established by the 
     Director under section 119B; and
       ``(ii) boards, commissions, councils, committees, and 
     similar groups established by the Director; and
       ``(B) upon the authorization of the Director, any 
     department, agency, or element of the United States 
     Government, including any element of the intelligence 
     community, may fund or participate in the funding of such 
     activities.

[[Page 5762]]

       ``(2) No provision of law enacted after the date of the 
     enactment of this subsection shall be deemed to limit or 
     supersede the authority in paragraph (1) unless such 
     provision makes specific reference to the authority in that 
     paragraph.''.

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

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

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

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

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

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

     SEC. ___. INSPECTOR GENERAL OF THE INTELLIGENCE COMMUNITY.

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


           ``INSPECTOR GENERAL OF THE INTELLIGENCE COMMUNITY

       ``Sec. 103H.  (a) Office of Inspector General of 
     Intelligence Community.--There is within the Office of the 
     Director of National Intelligence an Office of the Inspector 
     General of the Intelligence Community.
       ``(b) Purpose.--The purpose of the Office of the Inspector 
     General of the Intelligence Community is to--
       ``(1) create an objective and effective office, 
     appropriately accountable to Congress, to initiate and 
     conduct independently investigations, inspections, and audits 
     relating to--
       ``(A) the programs and operations of the intelligence 
     community;
       ``(B) the elements of the intelligence community within the 
     National Intelligence Program; and
       ``(C) the relationships between the elements of the 
     intelligence community within the National Intelligence 
     Program and the other elements of the intelligence community;
       ``(2) recommend policies designed--
       ``(A) to promote economy, efficiency, and effectiveness in 
     the administration and implementation of such programs and 
     operations, and in such relationships; and
       ``(B) to prevent and detect fraud and abuse in such 
     programs, operations, and relationships;
       ``(3) provide a means for keeping the Director of National 
     Intelligence fully and currently informed about--
       ``(A) problems and deficiencies relating to the 
     administration and implementation of such programs and 
     operations, and to such relationships; and
       ``(B) the necessity for, and the progress of, corrective 
     actions; and
       ``(4) in the manner prescribed by this section, ensure that 
     the congressional intelligence committees are kept similarly 
     informed of--
       ``(A) significant problems and deficiencies relating to the 
     administration and implementation of such programs and 
     operations, and to such relationships; and
       ``(B) the necessity for, and the progress of, corrective 
     actions.
       ``(c) Inspector General of Intelligence Community.--(1) 
     There is an Inspector General of the Intelligence Community, 
     who shall be the head of the Office of the Inspector General 
     of the Intelligence Community, who shall be appointed by the 
     President, by and with the advice and consent of the Senate.
       ``(2) The nomination of an individual for appointment as 
     Inspector General shall be made--
       ``(A) without regard to political affiliation;
       ``(B) solely on the basis of integrity, compliance with the 
     security standards of the intelligence community, and prior 
     experience in the field of intelligence or national security; 
     and
       ``(C) on the basis of demonstrated ability in accounting, 
     financial analysis, law, management analysis, public 
     administration, or auditing.
       ``(3) The Inspector General shall report directly to and be 
     under the general supervision of the Director of National 
     Intelligence.
       ``(4) The Inspector General may be removed from office only 
     by the President. The President shall immediately communicate 
     in writing to the congressional intelligence committees the 
     reasons for the removal of any individual from the position 
     of Inspector General.
       ``(d) Duties and Responsibilities.--Subject to subsections 
     (g) and (h), it shall be the duty and responsibility of the 
     Inspector General of the Intelligence Community--
       ``(1) to provide policy direction for, and to plan, 
     conduct, supervise, and coordinate independently, the 
     investigations, inspections, and audits relating to the 
     programs and operations of the intelligence community, the 
     elements of the intelligence community within the National 
     Intelligence Program, and the relationships between the 
     elements of the intelligence community within the National 
     Intelligence Program and the other elements of the 
     intelligence community to ensure they are conducted 
     efficiently

[[Page 5763]]

     and in accordance with applicable law and regulations;
       ``(2) to keep the Director of National Intelligence fully 
     and currently informed concerning violations of law and 
     regulations, violations of civil liberties and privacy, and 
     fraud and other serious problems, abuses, and deficiencies 
     that may occur in such programs and operations, and in such 
     relationships, and to report the progress made in 
     implementing corrective action;
       ``(3) to take due regard for the protection of intelligence 
     sources and methods in the preparation of all reports issued 
     by the Inspector General, and, to the extent consistent with 
     the purpose and objective of such reports, take such measures 
     as may be appropriate to minimize the disclosure of 
     intelligence sources and methods described in such reports; 
     and
       ``(4) in the execution of the duties and responsibilities 
     under this section, to comply with generally accepted 
     government auditing standards.
       ``(e) Limitations on Activities.--(1) The Director of 
     National Intelligence may prohibit the Inspector General of 
     the Intelligence Community from initiating, carrying out, or 
     completing any investigation, inspection, or audit if the 
     Director determines that such prohibition is necessary to 
     protect vital national security interests of the United 
     States.
       ``(2) If the Director exercises the authority under 
     paragraph (1), the Director shall submit an appropriately 
     classified statement of the reasons for the exercise of such 
     authority within 7 days to the congressional intelligence 
     committees.
       ``(3) The Director shall advise the Inspector General at 
     the time a report under paragraph (2) is submitted, and, to 
     the extent consistent with the protection of intelligence 
     sources and methods, provide the Inspector General with a 
     copy of such report.
       ``(4) The Inspector General may submit to the congressional 
     intelligence committees any comments on a report of which the 
     Inspector General has notice under paragraph (3) that the 
     Inspector General considers appropriate.
       ``(f) Authorities.--(1) The Inspector General of the 
     Intelligence Community shall have direct and prompt access to 
     the Director of National Intelligence when necessary for any 
     purpose pertaining to the performance of the duties of the 
     Inspector General.
       ``(2)(A) The Inspector General shall have access to any 
     employee, or any employee of a contractor, of any element of 
     the intelligence community whose testimony is needed for the 
     performance of the duties of the Inspector General.
       ``(B) The Inspector General shall have direct access to all 
     records, reports, audits, reviews, documents, papers, 
     recommendations, or other material which relate to the 
     programs and operations with respect to which the Inspector 
     General has responsibilities under this section.
       ``(C) The level of classification or compartmentation of 
     information shall not, in and of itself, provide a sufficient 
     rationale for denying the Inspector General access to any 
     materials under subparagraph (B).
       ``(D) Failure on the part of any employee, or any employee 
     of a contractor, of any element of the intelligence community 
     to cooperate with the Inspector General shall be grounds for 
     appropriate administrative actions by the Director or, on the 
     recommendation of the Director, other appropriate officials 
     of the intelligence community, including loss of employment 
     or the termination of an existing contractual relationship.
       ``(3) The Inspector General is authorized to receive and 
     investigate complaints or information from any person 
     concerning the existence of an activity constituting a 
     violation of laws, rules, or regulations, or mismanagement, 
     gross waste of funds, abuse of authority, or a substantial 
     and specific danger to the public health and safety. Once 
     such complaint or information has been received from an 
     employee of the Federal Government--
       ``(A) the Inspector General shall not disclose the identity 
     of the employee without the consent of the employee, unless 
     the Inspector General determines that such disclosure is 
     unavoidable during the course of the investigation or the 
     disclosure is made to an official of the Department of 
     Justice responsible for determining whether a prosecution 
     should be undertaken; and
       ``(B) no action constituting a reprisal, or threat of 
     reprisal, for making such complaint may be taken by any 
     employee in a position to take such actions, unless the 
     complaint was made or the information was disclosed with the 
     knowledge that it was false or with willful disregard for its 
     truth or falsity.
       ``(4) The Inspector General shall have authority to 
     administer to or take from any person an oath, affirmation, 
     or affidavit, whenever necessary in the performance of the 
     duties of the Inspector General, which oath, affirmation, or 
     affidavit when administered or taken by or before an employee 
     of the Office of the Inspector General of the Intelligence 
     Community designated by the Inspector General shall have the 
     same force and effect as if administered or taken by or 
     before an officer having a seal.
       ``(5)(A) Except as provided in subparagraph (B), the 
     Inspector General is authorized to require by subpoena the 
     production of all information, documents, reports, answers, 
     records, accounts, papers, and other data and documentary 
     evidence necessary in the performance of the duties and 
     responsibilities of the Inspector General.
       ``(B) In the case of departments, agencies, and other 
     elements of the United States Government, the Inspector 
     General shall obtain information, documents, reports, 
     answers, records, accounts, papers, and other data and 
     evidence for the purpose specified in subparagraph (A) using 
     procedures other than by subpoenas.
       ``(C) The Inspector General may not issue a subpoena for or 
     on behalf of any other element of the intelligence community, 
     including the Office of the Director of National 
     Intelligence.
       ``(D) In the case of contumacy or refusal to obey a 
     subpoena issued under this paragraph, the subpoena shall be 
     enforceable by order of any appropriate district court of the 
     United States.
       ``(g) Coordination Among Inspectors General of Intelligence 
     Community.--(1) In the event of a matter within the 
     jurisdiction of the Inspector General of the Intelligence 
     Community that may be subject to an investigation, 
     inspection, or audit by both the Inspector General of the 
     Intelligence Community and an Inspector General, whether 
     statutory or administrative, with oversight responsibility 
     for an element or elements of the intelligence community, the 
     Inspector General of the Intelligence Community and such 
     other Inspector or Inspectors General shall expeditiously 
     resolve which Inspector General shall conduct such 
     investigation, inspection, or audit.
       ``(2) The Inspector General conducting an investigation, 
     inspection, or audit covered by paragraph (1) shall submit 
     the results of such investigation, inspection, or audit to 
     any other Inspector General, including the Inspector General 
     of the Intelligence Community, with jurisdiction to conduct 
     such investigation, inspection, or audit who did not conduct 
     such investigation, inspection, or audit.
       ``(3)(A) If an investigation, inspection, or audit covered 
     by paragraph (1) is conducted by an Inspector General other 
     than the Inspector General of the Intelligence Community, the 
     Inspector General of the Intelligence Community may, upon 
     completion of such investigation, inspection, or audit by 
     such other Inspector General, conduct under this section a 
     separate investigation, inspection, or audit of the matter 
     concerned if the Inspector General of the Intelligence 
     Community determines that such initial investigation, 
     inspection, or audit was deficient in some manner or that 
     further investigation, inspection, or audit is required.
       ``(B) This paragraph shall not apply to the Inspector 
     General of the Department of Defense or to any other 
     Inspector General within the Department of Defense.
       ``(h) Staff and Other Support.--(1) The Inspector General 
     of the Intelligence Community shall be provided with 
     appropriate and adequate office space at central and field 
     office locations, together with such equipment, office 
     supplies, maintenance services, and communications facilities 
     and services as may be necessary for the operation of such 
     offices.
       ``(2)(A) Subject to applicable law and the policies of the 
     Director of National Intelligence, the Inspector General 
     shall select, appoint, and employ such officers and employees 
     as may be necessary to carry out the functions of the 
     Inspector General. The Inspector General shall ensure that 
     any officer or employee so selected, appointed, or employed 
     has security clearances appropriate for the assigned duties 
     of such officer or employee.
       ``(B) In making selections under subparagraph (A), the 
     Inspector General shall ensure that such officers and 
     employees have the requisite training and experience to 
     enable the Inspector General to carry out the duties of the 
     Inspector General effectively.
       ``(C) In meeting the requirements of this paragraph, the 
     Inspector General shall create within the Office of the 
     Inspector General of the Intelligence Community a career 
     cadre of sufficient size to provide appropriate continuity 
     and objectivity needed for the effective performance of the 
     duties of the Inspector General.
       ``(3)(A) Subject to the concurrence of the Director, the 
     Inspector General may request such information or assistance 
     as may be necessary for carrying out the duties and 
     responsibilities of the Inspector General from any 
     department, agency, or other element of the United States 
     Government.
       ``(B) Upon request of the Inspector General for information 
     or assistance under subparagraph (A), the head of the 
     department, agency, or element concerned shall, insofar as is 
     practicable and not in contravention of any existing 
     statutory restriction or regulation of the department, 
     agency, or element, furnish to the Inspector General, or to 
     an authorized designee, such information or assistance.
       ``(C) The Inspector General of the Intelligence Community 
     may, upon reasonable notice to the head of any element of the 
     intelligence community, conduct, as authorized by this 
     section, an investigation, inspection, or audit of such 
     element and may enter

[[Page 5764]]

     into any place occupied by such element for purposes of the 
     performance of the duties of the Inspector General.
       ``(i) Reports.--(1)(A) The Inspector General of the 
     Intelligence Community shall, not later than January 31 and 
     July 31 of each year, prepare and submit to the Director of 
     National Intelligence a classified, and, as appropriate, 
     unclassified semiannual report summarizing the activities of 
     the Office of the Inspector General of the Intelligence 
     Community during the immediately preceding 6-month periods 
     ending December 31 (of the preceding year) and June 30, 
     respectively.
       ``(B) Each report under this paragraph shall include, at a 
     minimum, the following:
       ``(i) A list of the title or subject of each investigation, 
     inspection, or audit conducted during the period covered by 
     such report, including a summary of the progress of each 
     particular investigation, inspection, or audit since the 
     preceding report of the Inspector General under this 
     paragraph.
       ``(ii) A description of significant problems, abuses, and 
     deficiencies relating to the administration and 
     implementation of programs and operations of the intelligence 
     community, and in the relationships between elements of the 
     intelligence community, identified by the Inspector General 
     during the period covered by such report.
       ``(iii) A description of the recommendations for corrective 
     or disciplinary action made by the Inspector General during 
     the period covered by such report with respect to significant 
     problems, abuses, or deficiencies identified in clause (ii).
       ``(iv) A statement whether or not corrective or 
     disciplinary action has been completed on each significant 
     recommendation described in previous semiannual reports, and, 
     in a case where corrective action has been completed, a 
     description of such corrective action.
       ``(v) A certification whether or not the Inspector General 
     has had full and direct access to all information relevant to 
     the performance of the functions of the Inspector General.
       ``(vi) A description of the exercise of the subpoena 
     authority under subsection (f)(5) by the Inspector General 
     during the period covered by such report.
       ``(vii) Such recommendations as the Inspector General 
     considers appropriate for legislation to promote economy, 
     efficiency, and effectiveness in the administration and 
     implementation of programs and operations undertaken by the 
     intelligence community, and in the relationships between 
     elements of the intelligence community, and to detect and 
     eliminate fraud and abuse in such programs and operations and 
     in such relationships.
       ``(C) Not later than the 30 days after the date of receipt 
     of a report under subparagraph (A), the Director shall 
     transmit the report to the congressional intelligence 
     committees together with any comments the Director considers 
     appropriate.
       ``(2)(A) The Inspector General shall report immediately to 
     the Director whenever the Inspector General becomes aware of 
     particularly serious or flagrant problems, abuses, or 
     deficiencies relating to the administration and 
     implementation of programs or operations of the intelligence 
     community or in the relationships between elements of the 
     intelligence community.
       ``(B) The Director shall transmit to the congressional 
     intelligence committees each report under subparagraph (A) 
     within seven calendar days of receipt of such report, 
     together with such comments as the Director considers 
     appropriate.
       ``(3) In the event that--
       ``(A) the Inspector General is unable to resolve any 
     differences with the Director affecting the execution of the 
     duties or responsibilities of the Inspector General;
       ``(B) an investigation, inspection, or audit carried out by 
     the Inspector General focuses on any current or former 
     intelligence community official who--
       ``(i) holds or held a position in an element of the 
     intelligence community that is subject to appointment by the 
     President, whether or not by and with the advice and consent 
     of the Senate, including such a position held on an acting 
     basis;
       ``(ii) holds or held a position in an element of the 
     intelligence community, including a position held on an 
     acting basis, that is appointed by the Director of National 
     Intelligence; or
       ``(iii) holds or held a position as head of an element of 
     the intelligence community or a position covered by 
     subsection (b) or (c) of section 106;
       ``(C) a matter requires a report by the Inspector General 
     to the Department of Justice on possible criminal conduct by 
     a current or former official described in subparagraph (B);
       ``(D) the Inspector General receives notice from the 
     Department of Justice declining or approving prosecution of 
     possible criminal conduct of any current or former official 
     described in subparagraph (B); or
       ``(E) the Inspector General, after exhausting all possible 
     alternatives, is unable to obtain significant documentary 
     information in the course of an investigation, inspection, or 
     audit,

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

[[Page 5765]]

       ``(k) Construction of Duties Regarding Elements of 
     Intelligence Community.--Except as resolved pursuant to 
     subsection (g), the performance by the Inspector General of 
     the Intelligence Community of any duty, responsibility, or 
     function regarding an element of the intelligence community 
     shall not be construed to modify or effect the duties and 
     responsibilities of any other Inspector General, whether 
     statutory or administrative, having duties and 
     responsibilities relating to such element.''.
       (2) The table of contents in the first section of the 
     National Security Act of 1947 is amended by inserting after 
     the item relating to section 103G the following new item:

``Sec. 103H. Inspector General of the Intelligence Community.''.

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

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

       (a) National Counter Proliferation Center.--Section 119A(a) 
     of the National Security Act of 1947 (50 U.S.C. 404o-1(a)) is 
     amended--
       (1) by striking ``(a) Establishment.--Not later than 18 
     months after the date of the enactment of the National 
     Security Intelligence Reform Act of 2004, the'' and inserting 
     the following:
       ``(a) In General.--
       ``(1) Establishment.--The''; and
       (2) by adding at the end the following new paragraphs:
       ``(2) Director.--The head of the National Counter 
     Proliferation Center shall be the Director of the National 
     Counter Proliferation Center, who shall be appointed by the 
     Director of National Intelligence.
       ``(3) Location.--The National Counter Proliferation Center 
     shall be located within the Office of the Director of 
     National Intelligence.''.
       (b) Officers.--Section 103(c) of that Act (50 U.S.C. 403-
     3(c)) is amended--
       (1) by redesignating paragraph (9) as paragraph (13); and
       (2) by inserting after paragraph (8) the following new 
     paragraphs:
       ``(9) The Chief Information Officer of the Intelligence 
     Community.
       ``(10) The Inspector General of the Intelligence Community.
       ``(11) The Director of the National Counterterrorism 
     Center.
       ``(12) The Director of the National Counter Proliferation 
     Center.''.

     SEC. ___. NATIONAL SPACE INTELLIGENCE CENTER.

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


                  ``NATIONAL SPACE INTELLIGENCE CENTER

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

``Sec. 119C. National Space Intelligence Center.''.

       (b) Report on Organization of Center.--
       (1) Report required.--Not later than 180 days after the 
     date of the enactment of this Act, the Director of the 
     National Space Intelligence Center shall submit to the Select 
     Committee on Intelligence of the Senate and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives a report on the organizational structure of 
     the National Space Intelligence Center established by section 
     119C of the National Security Act of 1947 (as added by 
     subsection (a)).
       (2) Elements.--The report required by paragraph (1) shall 
     include the following:
       (A) The proposed organizational structure of the National 
     Space Intelligence Center.
       (B) An identification of key participants in the Center.
       (C) A strategic plan for the Center during the five-year 
     period beginning on the date of the report.

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

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


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

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

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

[[Page 5766]]



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

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

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

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

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

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

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

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

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

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

                  PART II--CENTRAL INTELLIGENCE AGENCY

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

       (a) Appointment of Director of Central Intelligence 
     Agency.--Subsection (a) of section 104A of the National 
     Security Act of 1947 (50 U.S.C. 403-4a) is amended by 
     inserting ``from civilian life'' after ``who shall be 
     appointed''.
       (b) Establishment of Position of Deputy Director of Central 
     Intelligence Agency.--Such section is further amended--
       (1) by redesignating subsections (b), (c), (d), (e), (f), 
     and (g) as subsections (c), (d), (e), (f), (g), and (h), 
     respectively; and
       (2) by inserting after subsection (a) the following new 
     subsection (b):
       ``(b) Deputy Director of Central Intelligence Agency.--(1) 
     There is a Deputy Director of the Central Intelligence Agency 
     who shall be appointed from civilian life by the President, 
     by and with the advice and consent of the Senate.
       ``(2) The Deputy Director of the Central Intelligence 
     Agency shall assist the Director of the Central Intelligence 
     Agency in carrying out the duties and responsibilities of the 
     Director.
       ``(3) The Deputy Director of the Central Intelligence 
     Agency shall act for, and exercise the powers of, the 
     Director of the Central Intelligence Agency during the 
     absence or disability of the Director of the Central 
     Intelligence Agency or during a vacancy in the position of 
     Director of the Central Intelligence Agency.''.
       (c) Conforming Amendment.--Paragraph (2) of subsection (d) 
     of such section, as redesignated by subsection (b)(1) of this 
     section, is further amended by striking ``subsection (d)'' 
     and inserting ``subsection (e)''.
       (d) Executive Schedule Level III.--Section 5314 of title 5, 
     United States Code, is amended by adding at the end the 
     following new item:
       ``Deputy Director of the Central Intelligence Agency.''.
       (e) Role of DNI in Appointment.--Section 106(a)(2) of the 
     National Security Act of 1947 (50 U.S.C. 403-6) is amended by 
     adding at the end the following new subparagraph:
       ``(C) The Deputy Director of the Central Intelligence 
     Agency.''.
       (f) Military Status of Individual Serving as Director of 
     Central Intelligence Agency or Administratively Performing 
     Duties of Deputy Director of Central Intelligence Agency.--
     (1) A commissioned officer of the Armed Forces who is serving 
     as the Director of the Central Intelligence Agency or is 
     engaged in administrative performance of the duties of Deputy 
     Director of the Central Intelligence Agency as of the date of 
     the enactment of this Act shall not, while continuing in such 
     service, or in the administrative performance of such duties, 
     after that date--
       (A) be subject to supervision or control by the Secretary 
     of Defense or by any officer or employee of the Department of 
     Defense; or
       (B) exercise, by reason of the officer's status as a 
     commissioned officer, any supervision or control with respect 
     to any of the military or civilian personnel of the 
     Department of Defense except as otherwise authorized by law.
       (2) Except as provided in subparagraph (A) or (B) of 
     paragraph (1), the service, or the administrative performance 
     of duties, described in that paragraph by an officer 
     described in that paragraph shall not affect the status, 
     position, rank, or grade of such officer in the Armed Forces, 
     or any emolument, perquisite, right, privilege, or benefit 
     incident to or arising out of such status, position, rank, or 
     grade.
       (3) A commissioned officer described in paragraph (1), 
     while serving, or continuing in the administrative 
     performance of duties, as described in that paragraph and 
     while remaining on active duty, shall continue to receive 
     military pay and allowances. Funds from which such pay and 
     allowances are paid shall be reimbursed from funds available 
     to the Director of the Central Intelligence Agency.
       (g) Effective Date and Applicability.--
       (1) Director of central intelligence agency.--The amendment 
     made by subsection (a) shall--
       (A) take effect on the date of the enactment of this Act; 
     and
       (B) apply upon the occurrence of any act creating a vacancy 
     in the position of Director of the Central Intelligence 
     Agency after such date, except that if the vacancy occurs by 
     resignation from such position of the individual serving in 
     such position on such date, that individual may continue 
     serving in such position after such resignation until the 
     individual appointed to succeed such resigning individual as 
     Director of the Central Intelligence Agency, by and with the 
     advice and consent of the Senate, assumes the duties of such 
     position.
       (2) Deputy director of central intelligence agency.--The 
     amendments made by subsections (b) through (e) shall take 
     effect on the date of the enactment of this Act and shall 
     apply upon the earlier of--

[[Page 5767]]

       (A) the date of the nomination by the President of an 
     individual to serve as Deputy Director of the Central 
     Intelligence Agency, except that the individual 
     administratively performing the duties of the Deputy Director 
     of the Central Intelligence Agency as of the date of the 
     enactment of this Act may continue to perform such duties 
     after such date of nomination and until the individual 
     appointed to the position of Deputy Director of the Central 
     Intelligence Agency, by and with the advice and consent of 
     the Senate, assumes the duties of such position; or
       (B) the date of the cessation of the performance of the 
     duties of Deputy Director of the Central Intelligence Agency 
     by the individual administratively performing such duties as 
     of the date of the enactment of this Act.

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

       (a) Responsibility of Director of Central Intelligence 
     Agency Under National Security Act of 1947.--Subsection (e) 
     of section 104A of the National Security Act of 1947 (50 
     U.S.C. 403-4a), as redesignated by section 421(b)(1) of this 
     Act, is further amended--
       (1) in paragraph (3), by striking ``and'' at the end;
       (2) by redesignating paragraph (4) as paragraph (5); and
       (3) by inserting after paragraph (3) the following new 
     paragraph (4):
       ``(4) protect intelligence sources and methods of the 
     Central Intelligence Agency from unauthorized disclosure, 
     consistent with any direction issued by the President or the 
     Director of National Intelligence; and''.
       (b) Protection Under Central Intelligence Agency Act of 
     1949.--Section 6 of the Central Intelligence Agency Act of 
     1949 (50 U.S.C. 403g) is amended by striking ``section 
     102A(i)'' and all that follows through ``unauthorized 
     disclosure'' and inserting ``sections 102A(i) and 104A(e)(4) 
     of the National Security Act of 1947 (50 U.S.C. 403-1(i), 
     403-4a(e)(4))''.
       (c) Construction With Exemption From Requirement for 
     Disclosure of Information to Public.--Section 104A(e)(4) of 
     the National Security Act of 1947, as amended by subsection 
     (a), and section 6 of the Central Intelligence Agency Act of 
     1949, as amended by subsection (b), shall be treated as 
     statutes that specifically exempt from disclosure the matters 
     specified in such sections for purposes of section 552(b)(3) 
     of title 5, United States Code.
       (d) Technical Amendments to Central Intelligence Agency 
     Retirement Act.--Section 201(c) of the Central Intelligence 
     Agency Retirement Act (50 U.S.C. 2011(c)) is amended--
       (1) in the subsection caption, by striking ``of DCI'';
       (2) by striking ``section 102A(i)'' and inserting 
     ``sections 102A(i) and 104A(e)(4)'';
       (3) by striking ``of National Intelligence''; and
       (4) by inserting ``of the Central Intelligence Agency'' 
     after ``methods''.

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

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

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

       Section 5(a)(4) of the Central Intelligence Agency Act of 
     1949 (50 U.S.C. 403f(a)(4)) is amended--
       (1) by inserting ``(A)'' after ``(4)'';
       (2) in subparagraph (A), as so designated--
       (A) by striking ``and the protection'' and inserting ``the 
     protection''; and
       (B) by striking the semicolon and inserting ``, and the 
     protection of the Director of National Intelligence and such 
     personnel of the Office of the Director of National 
     Intelligence as the Director of National Intelligence may 
     designate; and''; and
       (3) by adding at the end the following new subparagraph:
       ``(B) Authorize personnel engaged in the performance of 
     protective functions authorized pursuant to subparagraph (A), 
     when engaged in the performance of such functions, to make 
     arrests without warrant for any offense against the United 
     States committed in the presence of such personnel, or for 
     any felony cognizable under the laws of the United States, if 
     such personnel have reasonable grounds to believe that the 
     person to be arrested has committed or is committing such 
     felony, except that any authority pursuant to this 
     subparagraph may be exercised only in accordance with 
     guidelines approved by the Director and the Attorney General 
     and such personnel may not exercise any authority for the 
     service of civil process or for the investigation of criminal 
     offenses;''.

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

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

[[Page 5768]]

       (e) Definitions.--In this section:
       (1) The term ``Air America'' means Air America, 
     Incorporated.
       (2) The term ``associated company'' means any company 
     associated with or subsidiary to Air America, including Air 
     Asia Company Limited and the Pacific Division of Southern Air 
     Transport, Incorporated.

               PART III--DEFENSE INTELLIGENCE COMPONENTS

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

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

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

       The National Security Agency Act of 1959 (50 U.S.C. 402 
     note) is amended by adding at the end the following new 
     section:
       ``Sec. 21. (a) The Director is authorized to designate 
     personnel of the Agency to perform protective functions for 
     the Director and for any personnel of the Agency designated 
     by the Director.
       ``(b)(1) In the performance of protective functions under 
     this section, personnel of the Agency designated to perform 
     protective functions pursuant to subsection (a) are 
     authorized, when engaged in the performance of such 
     functions, to make arrests without a warrant for--
       ``(A) any offense against the United States committed in 
     the presence of such personnel; or
       ``(B) any felony cognizable under the laws of the United 
     States if such personnel have reasonable grounds to believe 
     that the person to be arrested has committed or is committing 
     such felony.
       ``(2) The authority in paragraph (1) may be exercised only 
     in accordance with guidelines approved by the Director and 
     the Attorney General.
       ``(3) Personnel of the Agency designated to perform 
     protective functions pursuant to subsection (a) shall not 
     exercise any authority for the service of civil process or 
     the investigation of criminal offenses.
       ``(c) Nothing in this section shall be construed to impair 
     or otherwise affect any authority under any other provision 
     of law relating to the performance of protective 
     functions.''.

     SEC. ___. INSPECTOR GENERAL MATTERS.

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

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

       (a) Director of National Security Agency.--The National 
     Security Agency Act of 1959 (50 U.S.C. 402 note) is amended 
     by inserting after the first section the following new 
     section:
       ``Sec. 2. (a) There is a Director of the National Security 
     Agency.
       ``(b) The Director of the National Security Agency shall be 
     appointed by the President, by and with the advice and 
     consent of the Senate.
       ``(c) The Director of the National Security Agency shall be 
     the head of the National Security Agency and shall discharge 
     such functions and duties as are provided by this Act or 
     otherwise by law.''.
       (b) Director of National Geospatial-Intelligence Agency.--
     Section 441(b) of title 10, United States Code, is amended--
       (1) by redesignating paragraphs (2) and (3) as paragraphs 
     (3) and (4), respectively; and
       (2) by inserting after paragraph (1) the following new 
     paragraph (2):
       ``(2) The Director of the National Geospatial Intelligence 
     Agency shall be appointed by the President, by and with the 
     advice and consent of the Senate.''.
       (c) Director of National Reconnaissance Office.--The 
     Director of the National Reconnaissance Office shall be 
     appointed by the President, by and with the advice and 
     consent of the Senate.
       (d) Positions of Importance and Responsibility.--
       (1) Designation of positions.--The President may designate 
     any of the positions referred to in paragraph (2) as 
     positions of importance and responsibility under section 601 
     of title 10, United States Code.
       (2) Covered positions.--The positions referred to in this 
     paragraph are as follows:
       (A) The Director of the National Security Agency.
       (B) The Director of the National Geospatial-Intelligence 
     Agency.
       (C) The Director of the National Reconnaissance Office.
       (e) Effective Date and Applicability.--(1) The amendments 
     made by subsections (a) and (b), and subsection (c), shall 
     take effect on the date of the enactment of this Act and 
     shall apply upon the earlier of--
       (A) the date of the nomination by the President of an 
     individual to serve in the position concerned, except that 
     the individual serving in such position as of the date of the 
     enactment of this Act may continue to perform such duties 
     after such date of nomination and until the individual 
     appointed to such position, by and with the advice and 
     consent of the Senate, assumes the duties of such position; 
     or
       (B) the date of the cessation of the performance of the 
     duties of such position by the individual performing such 
     duties as of the date of the enactment of this Act.
       (2) Subsection (d) shall take effect on the date of the 
     enactment of this Act.

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

       Section 442(a) of title 10, United States Code, is 
     amended--
       (1) by redesignating paragraph (2) as paragraph (3);
       (2) by inserting after paragraph (1) the following new 
     paragraph (2):
       ``(2)(A) As directed by the Director of National 
     Intelligence, the National Geospatial-Intelligence Agency 
     shall also analyze, disseminate, and incorporate into the 
     National System for Geospatial-Intelligence, likenesses, 
     videos, or presentations produced by ground-based platforms, 
     including handheld or clandestine photography taken by or on

[[Page 5769]]

     behalf of human intelligence collection organizations or 
     available as open-source information.
       ``(B) The authority provided by this paragraph does not 
     include the authority to manage or direct the tasking of, set 
     requirements and priorities for, set technical requirements 
     related to, or modify any classification or dissemination 
     limitations related to the collection of, handheld or 
     clandestine photography taken by or on behalf of human 
     intelligence collection organizations.''; and
       (3) in paragraph (3), as so redesignated, by striking 
     ``paragraph (1)'' and inserting ``paragraphs (1) and (2)''.

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

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

                        PART IV--OTHER ELEMENTS

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

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

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

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


     ``SERVICES BY CONTRACT FOR BUREAU OF INTELLIGENCE AND RESEARCH

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

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

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

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

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

                       Subtitle E--Other Matters

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

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

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

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

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

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

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

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

[[Page 5770]]

     Central Intelligence'' each place it appears in a provision 
     as follows and inserting ``Director of National 
     Intelligence'':
       (1) Section 441(c).
       (2) Section 443(d).
       (c) Reference to Head of Central Intelligence Agency.--
     Section 444 of such title is amended by striking ``Director 
     of Central Intelligence'' each place it appears and inserting 
     ``Director of the Central Intelligence Agency''.

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

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

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

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

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

     SEC. ___. TECHNICAL AMENDMENTS TO THE EXECUTIVE SCHEDULE.

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

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

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

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

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

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

       (c) Homeland Security Act of 2002.--Section 201(f)(2)(E) of 
     the Homeland Security Act of 2002 (6 U.S.C. 121(f)(2)(E)) is 
     amended by striking ``National Imagery and Mapping Agency'' 
     and inserting ``National Geospatial-Intelligence Agency''.
       (d) Inspector General Act of 1978.--Section 8H of the 
     Inspector General Act of 1978 (5 U.S.C. App.) is amended by 
     striking ``National Imagery and Mapping Agency'' each place 
     it appears and inserting ``National Geospatial-Intelligence 
     Agency''.
       (e) Ethics in Government Act of 1978.--Section 105(a)(1) of 
     the Ethics in Government Act of 1978 (5 U.S.C. App.) is 
     amended by striking ``National Imagery and Mapping Agency'' 
     and inserting ``National Geospatial-Intelligence Agency''.
       (f) Other Acts.--(1) Section 7(b)(2)(A)(i) of the Employee 
     Polygraph Protection Act of 1988 (29 U.S.C. 2006(b)(2)(A)(i)) 
     is amended by striking ``National Imagery and Mapping 
     Agency'' and inserting ``National Geospatial-Intelligence 
     Agency''.
       (2) Section 207(a)(2)(B) of the Legislative Branch 
     Appropriations Act, 1993 (44 U.S.C. 501 note) is amended by 
     striking ``National Imagery and Mapping Agency'' and 
     inserting ``National Geospatial-Intelligence Agency''.
                                 ______
                                 
  SA 386. Mr. GRASSLEY submitted an amendment intended to be proposed 
to amendment SA 275 proposed by Mr. Reid (for himself, Mr. Lieberman, 
and Ms. Collins) to the bill S. 4, to make the United States more 
secure by implementing unfinished recommendations of the 9/11 
Commission to fight the war on terror more effectively, to improve 
homeland security, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:

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

       Section 203(b)(3) of the Investment Advisers Act of 1940 
     (15 U.S.C. 80b-3(b)(3)) is amended to read as follows:
       ``(3) any investment adviser who, during the course of the 
     preceding 12-month period--
       ``(A) had assets under management of not more than 
     $50,000,000;
       ``(B) had fewer than 15 clients, except that for purposes 
     of determining such number, no shareholder, partner, or 
     beneficial owner of a business development company, shall be 
     deemed to be a client of the investment adviser, unless such 
     person is a client of the investment adviser separate and 
     apart from their status as a shareholder, partner, or 
     beneficial owner;
       ``(C) did not manage the assets of more than 15 investors, 
     whether individually, in a pooled investment vehicle 
     described in paragraph (1) or (7) of section 3(c) of the 
     Investment Company Act of 1940 (15 U.S.C. 80a-3(c)), or 
     otherwise; and
       ``(D) was neither held out generally to the public as an 
     investment adviser nor acted as an investment adviser to any 
     investment company registered under title I, or a company 
     which has elected to be a business development company 
     pursuant to section 54 of title I, and has not withdrawn its 
     election;''.
                                 ______
                                 
  SA 387. Mr. PRYOR submitted an amendment intended to be proposed to 
amendment SA 275 proposed by Mr. Reid (for himself, Mr. Lieberman, and 
Ms. Collins) to the bill S. 4, to make the United States more secure by 
implementing unfinished recommendations of the 9/11 Commission to fight 
the war on terror more effectively, to improve homeland security, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the end of title XV, add the following:

     SEC. ____. EQUIPMENT TECHNICAL ASSISTANCE TRAINING.

       Not later than September 30 of each fiscal year, the 
     Secretary shall submit a report with a certification of 
     whether the Department has conducted training during that 
     fiscal year for not less than 7,500 individuals who are first 
     responders in accordance with section 430(c)(1) of the 
     Homeland Security Act of 2002 (6 U.S.C. 238(c)(1)) through 
     the Domestic Preparedness Equipment Technical Assistance 
     Program to--
       (1) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (2) the Committee on Appropriations of the Senate;
       (3) the Committee on Homeland Security of the House of 
     Representatives; and
       (4) the Committee on Appropriations of the House of 
     Representatives.
                                 ______
                                 
  SA 388. Mr. PRYOR submitted an amendment intended to be proposed to 
amendment SA 275 proposed by Mr. Reid (for himself, Mr. Lieberman, and 
Ms. Collins) to the bill S. 4, to make the United States more secure by 
implementing unfinished recommendations of the 9/11 Commission to fight 
the war on terror more effectively, to improve homeland security, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the approriate place, insert the following:

     SEC. ____.

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

[[Page 5771]]

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

       At the appropriate place, insert the following:

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

       (a) Findings.--Congress makes the following findings:
       (1) The National Commission on Terrorist Attacks Upon the 
     United States (referred to in this section as the ``9/11 
     Commission'') conducted a lengthy review of the facts and 
     circumstances relating to the terrorist attacks of September 
     11, 2001, including those relating to the intelligence 
     community, law enforcement agencies, and the role of 
     congressional oversight and resource allocation.
       (2) In its final report, the 9/11 Commission found that--
       (A) congressional oversight of the intelligence activities 
     of the United States is dysfunctional;
       (B) under the rules of the Senate and the House of 
     Representatives in effect at the time the report was 
     completed, the committees of Congress charged with oversight 
     of the intelligence activities lacked the power, influence, 
     and sustained capability to meet the daunting challenges 
     faced by the intelligence community of the United States;
       (C) as long as such oversight is governed by such rules of 
     the Senate and the House of Representatives, the people of 
     the United States will not get the security they want and 
     need;
       (D) a strong, stable, and capable congressional committee 
     structure is needed to give the intelligence community of the 
     United States appropriate oversight, support, and leadership; 
     and
       (E) the reforms recommended by the 9/11 Commission in its 
     final report will not succeed if congressional oversight of 
     the intelligence community in the United States is not 
     changed.
       (3) The 9/11 Commission recommended structural changes to 
     Congress to improve the oversight of intelligence activities.
       (4) Congress has enacted some of the recommendations made 
     by the 9/11 Commission and is considering implementing 
     additional recommendations of the 9/11 Commission.
       (5) The Senate adopted Senate Resolution 445 in the 108th 
     Congress to address some of the oversight recommendations of 
     the 9/11 Commission by abolishing term limits for the members 
     of the Select Committee on Intelligence, clarifying 
     jurisdiction for intelligence-related nominations, and 
     streamlining procedures for the referral of intelligence-
     related legislation, but other aspects of the 9/11 Commission 
     recommendations regarding oversight have not been 
     implemented.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that the Committee on Homeland Security and Governmental 
     Affairs and the Select Committee on Intelligence of the 
     Senate each, or jointly, should--
       (1) undertake a review of the recommendations made in the 
     final report of the 9/11 Commission with respect to 
     intelligence reform and congressional intelligence oversight 
     reform;
       (2) review and consider any other suggestions, options, or 
     recommendations for improving intelligence oversight; and
       (3) not later than December 21, 2007, submit to the Senate 
     a report that includes the recommendations of the Committee, 
     if any, for carrying out such reforms.
                                 ______
                                 
  SA 390. Mrs. FEINSTEIN submitted an amendment intended to be proposed 
by her to the bill S. 4, to make the United States more secure by 
implementing unfinished recommendations of the 9/11 Commission to fight 
the war on terror more effectively, to improve homeland security, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

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

       (a) Repeal of Transfer of Functions.--Section 421 of the 
     Homeland Security Act of 2002 (6 U.S.C. 231) is repealed.
       (b) Conforming Amendment to Function of Secretary of 
     Homeland Security.--Section 402 of the Homeland Security Act 
     of 2002 (6 U.S.C. 202) is amended--
       (1) by striking paragraph (7); and
       (2) by redesignating paragraph (8) as paragraph (7).
       (c) Transfer Agreement.--
       (1) In general.--Not later than the effective date 
     described in subsection (e), the Secretary of Agriculture and 
     the Secretary of Homeland Security shall enter into an 
     agreement to effectuate the return of functions required by 
     the amendments made by this section.
       (2) Use of certain employees.--The agreement may include 
     authority for the Secretary of Agriculture to use employees 
     of the Department of Homeland Security to carry out 
     authorities delegated to the Animal and Plant Health 
     Inspection Service regarding the protection of domestic 
     livestock and plants.
       (d) Restoration of Department of Agriculture Employees.--
     Not later than the effective date described in subsection 
     (e), all full-time equivalent positions of the Department of 
     Agriculture transferred to the Department of Homeland 
     Security under section 421(g) of the Homeland Security Act of 
     2002 (6 U.S.C. 231(g)) (as in effect on the day before the 
     effective date described in subsection (e)) shall be restored 
     to the Department of Agriculture.
       (e) Effective Date.--The amendments made by this section 
     take effect on the date that is 180 days after the date of 
     enactment of this Act.
                                 ______
                                 
  SA 391. Mr. LIEBERMAN (for himself and Ms. Collins) submitted an 
amendment intended to be proposed to amendment SA 275 proposed by Mr. 
Reid (for himself, Mr. Lieberman, and Ms. Collins) to the bill S. 4, to 
make the United States more secure by implementing unfinished 
recommendations of the 9/11 Commission to fight the war on terror more 
effectively, to improve homeland security, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 37, line 5, strike ``within the scope'' and all 
     that follows through ``(6 U.S.C. 485)'' on line 8 and insert 
     ``and intelligence''.
       On page 37, lines 9 and 10, strike ``local emergency 
     response providers'' and insert ``local government agencies 
     (including emergency response providers)''.
       On page 37, line 25, strike ``and''.
       On page 38, line 3, strike the period and insert ``; and''.
       On page 38, between lines 3 and 4, insert the following:
       ``(9) incorporate emergency response providers, and, as 
     appropriate, the private sector, into all relevant phases of 
     the intelligence and fusion process through full time 
     representatives or liaison officers.
       On page 63, line 13, before the semicolon, insert the 
     following: ``the inclusion of which will enhance regional 
     efforts to prevent, prepare for, protect against, respond to, 
     and recover from acts of terrorism''.
       On page 66, strike lines 3 through 8 and insert the 
     following:
       ``(2) State distribution of funds.--
       ``(A) In general.--Each State shall provide the eligible 
     metropolitan area not less than 80 percent of the grant 
     funds. Any funds retained by a State shall be expended on 
     items or services approved by the Administrator that benefit 
     the eligible metropolitan area.
       ``(B) Funds retained.--A State shall provide each relevant 
     eligible metropolitan area with an accounting of the items or 
     services on which any funds retained by the State under 
     subparagraph (A) were expended.
       On page 82, line 4, strike ``or other'' and insert ``and 
     other''.
       On page 83, line 15, before the semicolon, insert the 
     following: ``, including through review of budget requests 
     for those programs''.
       On page 90, between lines 4 and 5, insert the following:
       ``(3) Existing planning committees.--Nothing in this 
     subsection may be construed to require that any State or 
     metropolitan area create a planning committee if that State 
     or metropolitan area has established and uses a 
     multijurisdictional planning committee or commission that 
     meets the requirements of this subsection.
                                 ______
                                 
  SA 392. Mr. AKAKA submitted an amendment intended to be proposed to 
amendment SA 275 proposed by Mr. Reid (for himself, Mr. Lieberman, and 
Ms. Collins) to the bill S. 4, to make the United States more secure by 
implementing unfinished recommendations of the 9/11 Commission to fight 
the war on terror more effectively, to improve homeland security, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the end of title XV, add the following:

     SEC. ____. INTEGRATION OF DETECTION EQUIPMENT AND 
                   TECHNOLOGIES.

       (a) In General.--The Secretary shall have responsibility 
     for ensuring that chemical, biological, radiological, and 
     nuclear detection equipment and technologies are integrated 
     as appropriate with other border security systems and 
     detection technologies.
       (b) Report.--Not later than 6 months after the date of 
     enactment of this Act, the Secretary shall submit a report to 
     Congress that

[[Page 5772]]

     contains a plan to develop a departmental technology 
     assessment process to determine and certify the technology 
     readiness levels of chemical, biological, radiological, and 
     nuclear detection technologies before the full deployment of 
     such technologies within the United States.
                                 ______
                                 
  SA 393. Ms. CANTWELL (for herself, Mr. Dodd, Mr. Feingold, Mr. 
Brownback, Mr. Lugar, and Mr. Kerry) submitted an amendment intended to 
be proposed by her to the bill S. 4, to make the United States more 
secure by implementing unfinished recommendations of the 9/11 
Commission to fight the war on terror more effectively, to improve 
homeland security, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:

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

       (a) Finding.--Congress finds that the 9/11 Commission found 
     that a ``comprehensive U.S. strategy to counter terrorism 
     should include economic policies that encourage development, 
     more open societies, and opportunities for people to improve 
     the lives of their families and to enhance prospects for 
     their children's future''.
       (b) Declaration of Policy.--It is the policy of the United 
     States to promote the reduction of global poverty and the 
     elimination of extreme global poverty and to achieve the 
     Millennium Challenge Account goals of political and economic 
     reforms by developing nations in three areas: ruling justly, 
     investing in people, and fostering economic freedom.
       (c) Comprehensive Strategy.--
       (1) Strategy.--The President, acting through the Secretary 
     of State and, as appropriate, in consultation with the heads 
     of other departments and agencies of the Government of the 
     United States, including the Millennium Challenge 
     Corporation, international organizations, international 
     financial institutions, the governments of developing and 
     developed countries, United States and international 
     nongovernmental organizations, civil society organizations, 
     and other appropriate entities, should develop and implement 
     a comprehensive strategy to further the United States foreign 
     policy objective of promoting the reduction of global 
     poverty, the elimination of extreme global poverty, and the 
     achievement of the Millennium Challenge Account goals of 
     political and economic reforms by developing nations in three 
     areas: ruling justly, investing in people, and fostering 
     economic freedom.
       (2) Content.--The strategy under paragraph (1) shall 
     include specific and measurable goals, efforts to be 
     undertaken, benchmarks, and timetables to achieve the 
     objectives described in such paragraph.
       (3) Guidelines.--The strategy under paragraph (1) should 
     adhere to the following guidelines:
       (A) Continued investment in existing United States 
     initiatives related to international poverty reduction, such 
     as the United States Leadership Against HIV/AIDS, 
     Tuberculosis, and Malaria Act of 2003 (22 U.S.C. 7601 et 
     seq.), the Millennium Challenge Act of 2003 (22 U.S.C. 7701 
     et seq.), the Heavily Indebted Poor Countries Initiative, and 
     trade preference programs for developing countries.
       (B) Increasing overall United States development assistance 
     levels while at the same time improving the effectiveness of 
     such assistance in accordance with Millennium Challenge 
     Account principles.
       (C) Enhancing and expanding debt relief in accordance with 
     Millennium Challenge Account principles.
       (D) Leveraging United States trade policy where possible to 
     enhance economic development prospects for developing 
     countries.
       (E) Coordinating efforts and working in cooperation with 
     developed and developing countries, international 
     organizations, and international financial institutions.
       (F) Mobilizing and leveraging the participation of 
     businesses, United States and international nongovernmental 
     organizations, civil society, and public-private 
     partnerships.
       (G) Coordinating the goal of poverty reduction with other 
     development goals, such as combating the spread of 
     preventable diseases such as HIV/AIDS, tuberculosis, and 
     malaria, increasing access to potable water and basic 
     sanitation, and reducing hunger and malnutrition.
       (H) Integrating principles of sustainable development into 
     policies and programs.
       (d) Reports.--
       (1) Initial report.--Not later than one year after the date 
     of the enactment of this Act, the President, acting through 
     the Secretary of State, shall transmit to the appropriate 
     congressional committees a report that describes the strategy 
     under subsection (c).
       (2) Subsequent reports.--Not less than once every year 
     after the submission of the initial report under paragraph 
     (1) until and including 2015, the President shall transmit to 
     the appropriate congressional committees a report on the 
     status of the implementation of the strategy, progress made 
     in achieving the global poverty reduction objectives 
     described in subsection (c)(1), and any changes to the 
     strategy since the date of the submission of the last report.
       (e) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Foreign Relations, the Committee on 
     Finance, and the Committee on Appropriations of the Senate; 
     and
       (B) the Committee on Foreign Affairs, the Committee on Ways 
     and Means, and the Committee on Appropriations of the House 
     of Representatives.
       (2) Extreme global poverty.--The term ``extreme global 
     poverty'' refers to the conditions in which individuals live 
     on less than $1 per day, adjusted for purchasing power parity 
     in 1993 United States dollars, according to World Bank 
     statistics.
       (3) Global poverty.--The term ``global poverty'' refers to 
     the conditions in which individuals live on less than $2 per 
     day, adjusted for purchasing power parity in 1993 United 
     States dollars, according to World Bank statistics.
                                 ______
                                 
  SA 394. Mr. CARDIN submitted an amendment intended to be proposed to 
amendment SA 275 proposed by Mr. Reid (for himself, Mr. Lieberman, and 
Ms. Collins) to the bill S. 4, to make the United States more secure by 
implementing unfinished recommendations of the 9/11 Commission to fight 
the war on terror more effectively, to improve homeland security, and 
for other purposes; which was ordered to lie on the table; as follows:

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

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

       Section 24301 of title 49, United States Code, is amended 
     by adding at the end the following:
       ``(o) Applicability of District of Columbia Law.--Any lease 
     or contract entered into between the National Railroad 
     Passenger Corporation and the State of Maryland, or any 
     department or agency of the State of Maryland, after the date 
     of the enactment of this subsection shall be governed by the 
     laws of the District of Columbia.''.
                                 ______
                                 
  SA 395. Mr. COLEMAN submitted an amendment intended to be proposed by 
him to the bill S. 4, to make the United States more secure by 
implementing unfinished recommendations of the 9/11 Commission to fight 
the war on terror more effectively, to improve homeland security, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __ INTERNATIONAL STUDENTS.

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

[[Page 5773]]

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

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

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

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

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

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

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

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

                          ____________________