II 

★(Star Print) 

109TH CONGRESS 

1ST SESSION S. 12 

To combat international terrorism, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 24, 2005 

Mr. BIDEN (for himself, Mr. REID, Mr. BINGAMAN, Ms. MIKULSKI, Mr. DURBIN, Ms. STABENOW, MR. ROCKEFELLER, Mr. LAUTENBERG, and Mr. 

SCHUMER) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations 

A BILL 

To combat international terrorism, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Targeting Terrorists 

5 More Effectively Act of 2005’’. 

6 TITLE I—EFFECTIVELY 

7 TARGETING TERRORISTS 

8 SEC. 101. SENSE OF CONGRESS ON INCREASING THE NUM9 BER OF ARMY SPECIAL OPERATIONS FORCES. 

10 It is the sense of Congress that the number of active11 duty Army Special Forces-qualified personnel should be 
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1 increased during the four years after the date of the enact2 ment of this Act so that on the date that is four years 

3 after the date of such enactment such number is 6,144. 

4 SEC. 102. FOREIGN LANGUAGE EXPERTISE. 

5 (a) FINDINGS.—Congress makes the following find6 ings: 

7 (1) Success in the global war on terrorism will 

8 require a dramatic increase in institutional and per9 sonal expertise in the languages and cultures of the 

10 societies where terrorism has taken root, including a 

11 substantial increase in the number of national secu12 rity personnel who obtain expert lingual training. 

13 (2) The National Commission on Terrorist At14 tacks Upon the United States identified the coun15 tries in the Middle East, South Asia, Southeast 

16 Asia, and West Africa as countries that serve or 

17 could serve as terrorist havens. 

18 (3) Although 22 countries have Arabic as their 

19 official language, the National Commission on Ter20 rorist Attacks Upon the United States found that a 

21 total of only 6 undergraduate degrees for the study 

22 of Arabic were granted by United States colleges 

23 and universities in 2002. 

24 (4) The report of the National Commission on 

25 Terrorist Attacks Upon the United States contained 
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1 several criticisms of the lack of linguistic expertise 

2 in the Central Intelligence Agency and the Federal 

3 Bureau of Investigation prior to the September 11, 

4 2001 terrorist attacks, and called for the Central In5 telligence Agency to ‘‘develop a stronger language 

6 program, with high standards and sufficient finan7 cial incentives’’. 

8 (5) An audit conducted by the Department of 

9 Justice in July 2004, revealed that the Federal Bu10 reau of Investigation has a backlog of hundreds of 

11 thousands of untranslated audio recordings from ter12 ror and espionage investigations. 

13 (6) The National Security Education Program 

14 Trust Fund, which funds critical grant and scholar15 ship programs for linguistic training in regions crit16 ical to national security, will have exhausted all its 

17 funding by fiscal year 2006, unless additional appro18 priations are made to the Trust Fund. 

19 (b) SENSE OF CONGRESS.—It is the sense of Con20 gress that— 

21 (1) the overwhelming majority of Muslims re22 ject terrorism and a small, radical minority has 

23 grossly distorted the teachings of one of the world’s 

24 great faiths to seek justification for acts of ter25 rorism, such radical Islamic fundamentalism con-
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1 stitutes a primary threat to the national security in2 terests of the United States, and an effective strat3 egy for combating terrorism should include increas4 ing the number of personnel throughout the Federal 

5 Government with expertise in languages spoken in 

6 predominately Muslim countries and in the culture 

7 of such countries; 

8 (2) Muslim-Americans constitute an integral 

9 and cherished part of the fabric of American society 

10 and possess many talents, including linguistic, his11 toric, and cultural expertise that should be har12 nessed in the war against radical, fundamentalist 

13 terror; and 

14 (3) amounts appropriated for the National 

15 Flagship Language Initiative pursuant to the 

16 amendments made by subsection (e)(2) should be 

17 used to support the establishment, operation, and 

18 improvement of programs for the study of Arabic, 

19 Persian, and other Middle Eastern, South Asian, 

20 Southeast Asian, and West African languages in in21 stitutes of higher education in the United States. 

22 (c) AUTHORIZATION OF APPROPRIATIONS.— 

23 (1) NATIONAL SECURITY EDUCATION TRUST

24 FUND.—Section 810 of the David L. Boren National 
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1 Security Education Act of 1991 (50 U.S.C. 1910) is 

2 amended by adding at the end the following: 

3 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS FOR THE

4 FUND FOR FISCAL YEAR 2006.— 

5 ‘‘(1) IN GENERAL.—There are authorized to be 

6 appropriated to the Fund $150,000,000 for fiscal 

7 year 2006. 

8 ‘‘(2) AVAILABILITY OF FUNDS.—Amounts ap9 propriated pursuant to the authorization of appro10 priations in paragraph (1) shall remain available 

11 until expended and not more than $15,000,000 of 

12 such amounts may be obligated and expended during 

13 any fiscal year.’’. 

14 (2) NATIONAL FLAGSHIP LANGUAGE INITIA15 TIVE.— 

16 (A) IN GENERAL.—Section 811(a) of the 

17 David L. Boren National Security Education 

18 Act of 1991 (50 U.S.C. 1911(a)) is amended by 

19 striking ‘‘there is authorized to be appropriated 

20 to the Secretary for each fiscal year, beginning 

21 with fiscal year 2003, $10,000,000’’ and insert22 ing ‘‘there are authorized to be appropriated to 

23 the Secretary for each fiscal year 2003 through 

24 2005, $10,000,000, and for each fiscal year 

25 after 2005, $20,000,000,’’. 
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1 (B) AVAILABILITY OF FUNDS.—Section 

2 811(b) of such Act (50 U.S.C. 1911(b)) is 

3 amended by inserting ‘‘for fiscal years 2003 

4 through 2005’’ after ‘‘this section’’. 

5 (3) DEMONSTRATION PROGRAM.—There are au6 thorized to be appropriated to the Director of Na7 tional Intelligence such sums as may be necessary 

8 for each of fiscal years 2006, 2007, and 2008 in 

9 order to carry out the demonstration program estab10 lished under subsection (c). 

11 SEC. 103. CURTAILING TERRORIST FINANCING. 

12 (a) FINDINGS.—Congress makes the following find13 ings: 

14 (1) The report of the National Commission on 

15 Terrorist Attacks Upon the United States stated 

16 that ‘‘[v]igorous efforts to track terrorist financing 

17 must remain front and center in United States 

18 counterterrorism efforts’’. 

19 (2) The report of the Independent Task Force 

20 sponsored by the Council on Foreign Relations stat21 ed that ‘‘currently existing U. S. and international 

22 policies, programs, structures, and organizations will 

23 be inadequate to assure sustained results commensu24 rate with the ongoing threat posed to the national 

25 security of the United States’’. 
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1 (3) The report of the Independent Task Force 

2 contained the conclusion that ‘‘[l]ong-term success 

3 will depend critically upon the structure, integration, 

4 and focus of the U. S. Government—and any inter5 governmental efforts undertaken to address this 

6 problem’’. 

7 (b) POLICY.—It is the policy of the United States— 

8 (1) to work with the Government of Saudi Ara9 bia to curtail terrorist financing originating from 

10 that country using a range of methods, including di11 plomacy, intelligence, and law enforcement; 

12 (2) to ensure effective coordination and suffi13 cient resources for efforts of the agencies and de14 partments of the United States to disrupt terrorist 

15 financing by carrying out, through the Office of Ter16 rorism and Financial Intelligence in the Department 

17 of the Treasury, a comprehensive analysis of the 

18 budgets and activities of all such agencies and de19 partments that are related to disrupting the financ20 ing of terrorist organizations; 

21 (3) to provide each agency or department of the 

22 United States with the appropriate number of per23 sonnel to carry out the activities of such agency or 

24 department related to disrupting the financing of 

25 terrorist organizations; 
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1 (4) to centralize the coordination of the efforts 

2 of the United States to combat terrorist financing 

3 and utilize existing authorities to identify foreign ju4 risdictions and foreign financial institutions sus5 pected of abetting terrorist financing and take ac6 tions to prevent the provision of assistance to terror7 ists; and 

8 (5) to work with other countries to develop and 

9 enforce strong domestic terrorist financing laws, and 

10 increase funding for bilateral and multilateral pro11 grams to enhance training and capacity-building in 

12 countries who request assistance. 

13 (c) AUTHORIZATION OF APPROPRIATIONS TO PRO14 VIDE TECHNICAL ASSISTANCE TO PREVENT FINANCING

15 OF TERRORISTS.— 

16 (1) IN GENERAL.—There are authorized to be 

17 appropriated to the President for the ‘‘Economic 

18 Support Fund’’ to provide technical assistance under 

19 the provisions of chapter 4 of part II of the Foreign 

20 Assistance Act of 1961 (22 U.S.C. 2346 et seq.) to 

21 foreign countries to assist such countries in pre22 venting the financing of terrorist activities— 

23 (A) for fiscal year 2006, $300,000,000; 

24 and 
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1 (B) for fiscal years 2007 and 2008, such 

2 sums as may be necessary. 

3 (2) AVAILABILITY OF FUNDS.—Amounts appro4 priated pursuant to the authorization of appropria5 tions in this subsection are authorized to remain 

6 available until expended. 

7 (3) ADDITIONAL FUNDS.—Amounts authorized 

8 to be appropriated under this subsection are in addi9 tion to amounts otherwise available for such pur10 poses. 

11 SEC. 104. PROHIBITION ON TRANSACTIONS WITH COUN12 TRIES THAT SUPPORT TERRORISM. 

13 (a) CLARIFICATION OF CERTAIN ACTIONS UNDER

14 IEEPA.—In any case in which the President takes action 

15 under the International Emergency Economic Powers Act 

16 (50 U.S.C. 1701 et seq.) with respect to a foreign country, 

17 or persons dealing with or associated with the government 

18 of that foreign country, as a result of a determination by 

19 the Secretary of State that the government of that foreign 

20 country has repeatedly provided support for acts of inter21 national terrorism, such action shall apply to a United 

22 States person or other person. 

23 (b) DEFINITIONS.—In this section: 

24 (1) CONTROLLED IN FACT.—The term ‘‘is con25 trolled in fact’’ includes— 
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1 (A) in the case of a corporation, holds at 

2 least 50 percent (by vote or value) of the capital 

3 structure of the corporation; and 

4 (B) in the case of any other kind of legal 

5 entity, holds interests representing at least 50 

6 percent of the capital structure of the entity. 

7 (2) STATE.—The term ‘‘State’’ means each of 

8 the several States of the United States, the District 

9 of Columbia, the Commonwealth of Puerto Rico, 

10 Guam, the Virgin Islands, and other territories or 

11 possessions of the United States. 

12 (3) UNITED STATES PERSON.—The term 

13 ‘‘United States person’’ includes any United States 

14 citizen, permanent resident alien, entity organized 

15 under the law of the United States or of any State 

16 (including foreign branches), wherever located, or 

17 any other person in the United States. 

18 (c) APPLICABILITY.— 

19 (1) IN GENERAL.—In any case in which the 

20 President has taken action under the International 

21 Emergency Economic Powers Act and such action is 

22 in effect on the date of enactment of this Act, the 

23 provisions of subsection (a) shall not apply to a 

24 United States person (or other person) if such per25 son divests or terminates its business with the gov-
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1 ernment or person identified by such action within 

2 90 days after the date of enactment of this Act. 

3 (2) ACTIONS AFTER DATE OF ENACTMENT.—In 

4 any case in which the President takes action under 

5 the International Emergency Economic Powers Act 

6 on or after the date of enactment of this Act, the 

7 provisions of subsection (a) shall not apply to a 

8 United States person (or other person) if such per9 son divests or terminates its business with the gov10 ernment or person identified by such action within 

11 90 days after the date of such action. 

12 (d) NOTIFICATION OF CONGRESS OF TERMINATION

13 OF INVESTIGATION BY OFFICE OF FOREIGN ASSETS CON14 TROL.—The Office of Federal Procurement Policy Act (41 

15 U.S.C. 403 et seq.) is amended by adding at the end the 

16 following new section: 

17 ‘‘SEC. 42. NOTIFICATION OF CONGRESS OF TERMINATION 

18 OF INVESTIGATION BY OFFICE OF FOREIGN 

19 ASSETS CONTROL. 

20 ‘‘The Director of the Office of Foreign Assets Control 

21 shall notify Congress upon the termination of any inves22 tigation by the Office of Foreign Assets Control of the 

23 Department of the Treasury if any sanction is imposed 

24 by the Director of such office as a result of the investiga25 tion.’’. 
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1 TITLE II—PREVENTING THE 

2 GROWTH OF RADICAL IS3 LAMIC FUNDAMENTALISM 

4 Subtitle A—Quality Educational 

5 Opportunities 

6 SEC. 201. FINDINGS, POLICY, AND DEFINITION. 

7 (a) FINDINGS.—Congress makes the following find8 ings: 

9 (1) The report of the National Commission on 

10 Terrorist Attacks Upon the United States stated 

11 that ‘‘[e]ducation that teaches tolerance, the dignity 

12 and value of each individual, and respect for dif13 ferent beliefs is a key element in any global strategy 

14 to eliminate Islamic terrorism’’. 

15 (2) According to the United Nations Develop16 ment Program Arab Human Development Report 

17 for 2002, 10,000,000 children between the ages of 

18 6 through 15 in the Arab world do not attend 

school, and 2 19 ⁄3 of the 65,000,000 illiterate adults in 

20 the Arab world are women. 

21 (3) The report of the National Commission on 

22 Terrorist Attacks Upon the United States concluded 

23 that ensuring educational opportunity is essential to 

24 the efforts of the United States to defeat global ter25 rorism and recommended that the United States 
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1 Government ‘‘should offer to join with other nations 

2 in generously supporting [spending funds] . . . di3 rectly on building and operating primary and sec4 ondary schools in those Muslim states that commit 

5 to sensibly investing financial resources in public 

6 education’’. 

7 (b) POLICY.—It is the policy of the United States— 

8 (1) to work toward the goal of dramatically in9 creasing the availability of basic education in the de10 veloping world, which will reduce the influence of 

11 radical madrassas and other institutions that pro12 mote religious extremism; 

13 (2) to join with other countries in generously 

14 supporting the International Youth Opportunity 

15 Fund authorized under section 7114 of the 9/11 

16 Commission Implementation Act of 2004 (Public 

17 Law 108–458), with the goal of building and oper18 ating primary and secondary schools in Muslim 

19 countries that commit to sensibly investing the re20 sources of such countries in public education; 

21 (3) to work with the international community, 

22 including foreign countries and international organi23 zations to raise $7,000,000,000 to $10,000,000,000 

24 each year to fund education programs in Muslim 

25 countries; 
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1 (4) to offer additional incentives to countries to 

2 increase the availability of basic education; and 

3 (5) to work to prevent financing of educational 

4 institutions that support radical Islamic fundamen5 talism. 

6 (c) APPROPRIATE CONGRESSIONAL COMMITTEES DE7 FINED.—In this subtitle, the term ‘‘appropriate congres8 sional committees’’ means the Committee on Foreign Re9 lations and the Committee on Appropriations of the Sen10 ate and the Committee on International Relations and the 

11 Committee on Appropriations of the House of Representa12 tives. 

13 SEC. 202. ANNUAL REPORT TO CONGRESS. 

14 Not later than June 1 of each year, the Secretary 

15 of State shall submit to the appropriate congressional 

16 committees a report on the efforts of countries in the de17 veloping world to increase the availability of basic edu18 cation and to close educational institutions that promote 

19 religious extremism and terrorism. Each report shall in20 clude— 

21 (1) a list of countries that are making serious 

22 and sustained efforts to increase the availability of 

23 basic education and to close educational institutions 

24 that promote religious extremism and terrorism; 
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1 (2) a list of countries that are making efforts 

2 to increase the availability of basic education and to 

3 close educational institutions that promote religious 

4 extremism and terrorism, but such efforts are not 

5 serious and sustained; and 

6 (3) a list of countries that are not making ef7 forts to increase the availability of basic education 

8 and to close educational institutions that promote 

9 religious extremism and terrorism. 

10 SEC. 203. AUTHORIZATION OF APPROPRIATIONS. 

11 (a) INTERNATIONAL EDUCATION PROGRAMS.—There 

12 are authorized to be appropriated to the President for 

13 ‘‘Development Assistance’’ for international education 

14 programs carried out under sections 105 and 496 of the 

15 Foreign Assistance Act of 1961 (22 U.S.C. 2151c and 

16 2293)— 

17 (1) for fiscal year 2006, $1,000,000,000; and 

18 (2) for fiscal years 2007 and 2008, such sums 

19 as may be necessary. 

20 (b) INTERNATIONAL YOUTH OPPORTUNITY FUND.— 

21 There are authorized to be appropriated to the President 

22 for fiscal years 2006, 2007, and 2008 such sums as may 

23 be necessary for the United States contribution to the 

24 International Youth Opportunity Fund authorized under 

25 section 7114 of the 9/11 Commission Implementation Act 
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1 of 2004 (Public Law 108–458) for international education 

2 programs. 

3 (c) ADDITIONAL FUNDS.—Amounts authorized to be 

4 appropriated in this section are in addition to amounts 

5 otherwise available for such purposes. 

6 Subtitle B—Democracy and 

7 Development in the Muslim World 

8 SEC. 211. PROMOTING DEMOCRACY AND DEVELOPMENT IN 

9 THE MIDDLE EAST, CENTRAL ASIA, SOUTH 

10 ASIA, AND SOUTHEAST ASIA. 

11 (a) FINDINGS.—Congress makes the following find12 ings: 

13 (1) Al-Qaeda and affiliated groups have estab14 lished a terrorist network with linkages throughout 

15 the Middle East, Central Asia, South Asia, and 

16 Southeast Asia. 

17 (2) While political repression and lack of eco18 nomic development do not justify terrorism, in19 creased political freedoms and economic growth can 

20 contribute to an environment that undercuts ten21 dencies and conditions that facilitate the rise of ter22 rorist organizations. 

23 (3) It is in the national security interests of the 

24 United States to promote democracy, good govern25 ance, political freedom, independent media, women’s 
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1 rights, private sector development, and open eco2 nomic systems in the countries of the Middle East, 

3 Central Asia, South Asia, and Southeast Asia. 

4 (b) POLICY.—It is the policy of the United States— 

5 (1) to promote the objectives described in sub6 section (a)(3) in the countries of the Middle East, 

7 Central Asia, South Asia, and Southeast Asia; 

8 (2) to provide assistance and resources to orga9 nizations that are committed to promoting such ob10 jectives; and 

11 (3) to work with other countries and inter12 national organizations to increase the resources de13 voted to promoting such objectives. 

14 (c) STRATEGY.—Not later than 180 days after the 

15 date of enactment of this Act, the Secretary of State shall 

16 submit to Congress a strategy to promote the policy of 

17 the United States set out in subsection (b). Such strategy 

18 shall describe how funds appropriated pursuant to the au19 thorization of appropriations in subsection (d) will be 

20 used. 

21 (d) AUTHORIZATION OF APPROPRIATIONS.— 

22 (1) IN GENERAL.—There are authorized to be 

23 appropriated to the President for the ‘‘Economic 

24 Support Fund’’ for activities carried out under chap25 ter 4 of part II of the Foreign Assistance Act of 
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1 1961 (22 U.S.C. 2346 et seq.) to promote the policy 

2 of the United States set out in subsection (b)— 

3 (A) for fiscal year 2006, $500,000,000; 

4 and 

5 (B) for fiscal years 2007 and 2008, such 

6 sums as may be necessary. 

7 (2) SENSE OF CONGRESS ON USE OF FUNDS.— 

8 It is the sense of Congress that a substantial portion 

9 of the funds appropriated pursuant to the authoriza10 tion of appropriations in paragraph (1) should be 

11 made available to non-governmental organizations 

12 that have a record of success working in the coun13 tries of the Middle East, Central Asia, South Asia, 

14 and Southeast Asia to support democratic parties, 

15 human rights organizations, independent media, and 

16 the efforts to promote the rights of women. 

17 (3) ADDITIONAL FUNDS.—Amounts authorized 

18 to be appropriated in paragraph (1) are in addition 

19 to amounts otherwise available for such purposes. 

20 SEC. 212. MIDDLE EAST FOUNDATION. 

21 (a) PURPOSES.—The purposes of this section are to 

22 support, through the provision of grants, technical assist23 ance, training, and other programs, in the countries of the 

24 Middle East, the expansion of— 

25 (1) civil society; 
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1 (2) opportunities for political participation for 

2 all citizens; 

3 (3) protections for internationally recognized 

4 human rights, including the rights of women; 

5 (4) educational system reforms; 

6 (5) independent media; 

7 (6) policies that promote economic opportunities 

8 for citizens; 

9 (7) the rule of law; and 

10 (8) democratic processes of government. 

11 (b) MIDDLE EAST FOUNDATION.— 

12 (1) DESIGNATION.—The Secretary of State is 

13 authorized to designate an appropriate private, non14 profit organization that is organized or incorporated 

15 under the laws of the United States or of a State 

16 as the Middle East Foundation (referred to in this 

17 section as the ‘‘Foundation’’). 

18 (2) FUNDING.—The Secretary of State is au19 thorized to provide funding to the Foundation 

20 through the Middle East Partnership Initiative of 

21 the Department of State. The Foundation shall use 

22 amounts provided under this paragraph to carry out 

23 the purposes of this section, including through mak24 ing grants and providing other assistance to entities 

25 to carry out programs for such purposes. 
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1 (3) NOTIFICATION TO CONGRESSIONAL COMMIT2 TEES.—The Secretary of State shall notify the Com3 mittee on Foreign Relations of the Senate and the 

4 Committee on International Relations of the House 

5 of Representatives prior to designating an appro6 priate organization as the Foundation. 

7 (c) GRANTS FOR PROJECTS.— 

8 (1) FOUNDATION TO MAKE GRANTS.—The Sec9 retary of State shall enter into an agreement with 

10 the Foundation that requires the Foundation to use 

11 the funds provided under subsection (b)(2) to make 

12 grants to persons (other than governments or gov13 ernment entities) located in the Middle East or 

14 working with local partners based in the Middle 

15 East to carry out projects that support the purposes 

16 specified in subsection (a). 

17 (2) CENTER FOR PUBLIC POLICY.—Under the 

18 agreement described in paragraph (1), the Founda19 tion may make a grant to an institution of higher 

20 education located in the Middle East to create a cen21 ter for public policy for the purpose of permitting 

22 scholars and professionals from the countries of the 

23 Middle East and from other countries, including the 

24 United States, to carry out research, training pro25 grams, and other activities to inform public policy-
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1 making in the Middle East and to promote broad 

2 economic, social, and political reform for the people 

3 of the Middle East. 

4 (3) APPLICATIONS FOR GRANTS.—An entity 

5 seeking a grant from the Foundation under this sec6 tion shall submit an application to the head of the 

7 Foundation at such time, in such manner, and in8 cluding such information as the head of the Founda9 tion may reasonably require. 

10 (d) PRIVATE CHARACTER OF THE FOUNDATION.— 

11 Nothing in this section shall be construed to— 

12 (1) make the Foundation an agency or estab13 lishment of the United States Government, or to 

14 make the officers or employees of the Foundation of15 ficers or employees of the United States for purposes 

16 of title 5, United States Code; or 

17 (2) to impose any restriction on the Founda18 tion’s acceptance of funds from private and public 

19 sources in support of its activities consistent with 

20 the purposes of this section. 

21 (e) LIMITATION ON PAYMENTS TO FOUNDATION

22 PERSONNEL.—No part of the funds provided to the Foun23 dation under this section shall inure to the benefit of any 

24 officer or employee of the Foundation, except as salary 

25 or reasonable compensation for services. 
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1 (f) RETENTION OF INTEREST.—The Foundation may 

2 hold funds provided under this section in interest-bearing 

3 accounts prior to the disbursement of such funds to carry 

4 out the purposes of this section, and may retain for use 

5 for such purposes any interest earned without returning 

6 such interest to the Treasury of the United States and 

7 without further appropriation by Congress. 

8 (g) FINANCIAL ACCOUNTABILITY.— 

9 (1) INDEPENDENT PRIVATE AUDITS OF THE

10 FOUNDATION.—The accounts of the Foundation 

11 shall be audited annually in accordance with gen12 erally accepted auditing standards by independent 

13 certified public accountants or independent licensed 

14 public accountants certified or licensed by a regu15 latory authority of a State or other political subdivi16 sion of the United States. The report of the inde17 pendent audit shall be included in the annual report 

18 required by subsection (h). 

19 (2) GAO AUDITS.—The financial transactions 

20 undertaken pursuant to this section by the Founda21 tion may be audited by the General Accounting Of22 fice in accordance with such principles and proce23 dures and under such rules and regulations as may 

24 be prescribed by the Comptroller General of the 

25 United States. 
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1 (3) AUDITS OF GRANT RECIPIENTS.— 

2 (A) IN GENERAL.—A recipient of a grant 

3 from the Foundation shall agree to permit an 

4 audit of the books and records of such recipient 

5 related to the use of the grant funds. 

6 (B) RECORDKEEPING.—Such recipient 

7 shall maintain appropriate books and records to 

8 facilitate an audit referred to subparagraph 

9 (A), including— 

10 (i) separate accounts with respect to 

11 the grant funds; 

12 (ii) records that fully disclose the use 

13 of the grant funds; 

14 (iii) records describing the total cost 

15 of any project carried out using grant 

16 funds; and 

17 (iv) the amount and nature of any 

18 funds received from other sources that 

19 were combined with the grant funds to 

20 carry out a project. 

21 (h) ANNUAL REPORTS.—Not later than January 31, 

22 2006, and annually thereafter, the Foundation shall sub23 mit to Congress and make available to the public an an24 nual report that includes, for the fiscal year prior to the 
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1 fiscal year in which the report is submitted, a comprehen2 sive and detailed description of— 

3 (1) the operations and activities of the Founda4 tion that were carried out using funds provided 

5 under this section; 

6 (2) grants made by the Foundation to other en7 tities with funds provided under this section; 

8 (3) other activities of the Foundation to further 

9 the purposes of this section; and 

10 (4) the financial condition of the Foundation. 

11 Subtitle C—Restoring American 

12 Moral Leadership 

13 SEC. 221. ADVANCING UNITED STATES INTERESTS 

14 THROUGH PUBLIC DIPLOMACY. 

15 (a) FINDINGS.—Congress makes the following find16 ings: 

17 (1) The United States needs to improve its 

18 communication of information and ideas to people in 

19 foreign countries, particularly in countries with sig20 nificant Muslim populations. 

21 (2) Public diplomacy should reaffirm the para22 mount commitment of the United States to demo23 cratic principles, including preserving the civil lib24 erties of all the people of the United States, includ25 ing Muslim-Americans. 
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1 (3) The report of the National Commission on 

2 Terrorist Attacks Upon the United States stated 

3 that, ‘‘Recognizing that Arab and Muslim audiences 

4 rely on satellite television and radio, the government 

5 has begun some promising initiatives in television 

6 and radio broadcasting to the Arab world, Iran, and 

7 Afghanistan. These efforts are beginning to reach 

8 large audiences. The Broadcasting Board of Gov9 ernors has asked for much larger resources. It 

10 should get them.’’. 

11 (4) A significant expansion of United States 

12 international broadcasting would provide a cost-ef13 fective means of improving communication with 

14 countries with significant Muslim populations by 

15 providing news, information, and analysis, as well as 

16 cultural programming, through both radio and tele17 vision broadcasts. 

18 (b) SPECIAL AUTHORITY FOR SURGE CAPACITY.— 

19 The United States International Broadcasting Act of 1994 

20 (22 U.S.C. 6201 et seq.) is amended by adding at the end 

21 the following new section: 

22 ‘‘SEC. 316. SPECIAL AUTHORITY FOR SURGE CAPACITY. 

23 ‘‘(a) EMERGENCY AUTHORITY.— 

24 ‘‘(1) IN GENERAL.—Whenever the President de25 termines it to be important to the national interests 
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1 of the United States and so certifies to the appro2 priate congressional committees, the President, on 

3 such terms and conditions as the President may de4 termine, is authorized to direct any department, 

5 agency, or other entity of the United States to fur6 nish the Broadcasting Board of Governors with such 

7 assistance as may be necessary to provide inter8 national broadcasting activities of the United States 

9 with a surge capacity to support United States for10 eign policy objectives during a crisis abroad. 

11 ‘‘(2) SUPERSEDES EXISTING LAW.—The au12 thority of paragraph (1) supersedes any other provi13 sion of law. 

14 ‘‘(3) SURGE CAPACITY DEFINED.—In this sub15 section, the term ‘surge capacity’ means the finan16 cial and technical resources necessary to carry out 

17 broadcasting activities in a geographical area during 

18 a crisis. 

19 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— 

20 ‘‘(1) IN GENERAL.—There are authorized to be 

21 appropriated to the President such sums as may be 

22 necessary for the President to carry out this section, 

23 except that no such amount may be appropriated 

24 which, when added to amounts previously appro-
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1 priated for such purpose but not yet obligated, 

2 would cause such amounts to exceed $25,000,000. 

3 ‘‘(2) AVAILABILITY OF FUNDS.—Amounts ap4 propriated pursuant to the authorization of appro5 priations in this subsection are authorized to remain 

6 available until expended. 

7 ‘‘(3) DESIGNATION OF APPROPRIATIONS.— 

8 Amounts appropriated pursuant to the authorization 

9 of appropriations in this subsection may be referred 

10 to as the ‘United States International Broadcasting 

11 Surge Capacity Fund’.’’. 

12 (c) REPORT.—An annual report submitted to the 

13 President and Congress by the Broadcasting Board of 

14 Governors under section 305(a)(9) of the United States 

15 International Broadcasting Act of 1994 (22 U.S.C. 

16 6204(a)(9)) shall provide a detailed description of any ac17 tivities carried out under section 316 of such Act, as added 

18 by subsection (b). 

19 (d) AUTHORIZATION OF APPROPRIATIONS FOR

20 UNITED STATES INTERNATIONAL BROADCASTING ACTIVI21 TIES.— 

22 (1) IN GENERAL.—In addition to amounts oth23 erwise available for such purposes, the following 

24 amounts are authorized to be appropriated to carry 

25 out United States Government broadcasting activi-
28 

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1 ties under the United States Information and Edu2 cational Exchange Act of 1948 (22 U.S.C. 1431 et 

3 seq.), the United States International Broadcasting 

4 Act of 1994 (22 U.S.C. 6201 et seq.), the Foreign 

5 Affairs Reform and Restructuring Act of 1998 (as 

6 enacted in division G of the Omnibus Consolidated 

7 and Emergency Supplemental Appropriations Act, 

8 1999; Public Law 105–277), and this Act, and to 

9 carry out other authorities in law consistent with 

10 such purposes: 

11 (A) INTERNATIONAL BROADCASTING OPER12 ATIONS.—For ‘‘International Broadcasting Op13 erations’’, $497,000,000 for the fiscal year 

14 2006. 

15 (B) BROADCASTING CAPITAL IMPROVE16 MENTS.—For ‘‘Broadcasting Capital Improve17 ments’’, $70,000,000 for the fiscal year 2006. 

18 (2) AVAILABILITY OF FUNDS.—Amounts appro19 priated pursuant to the authorization of appropria20 tions in this section are authorized to remain avail21 able until expended. 

22 SEC. 222. DEPARTMENT OF STATE PUBLIC DIPLOMACY 

23 PROGRAMS. 

24 (a) UNITED STATES EDUCATIONAL, CULTURAL, AND

25 PUBLIC DIPLOMACY PROGRAMS.—There are authorized to 
29 

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1 be appropriated for the Department of State to carry out 

2 public diplomacy programs of the Department under the 

3 United States Information and Educational Exchange Act 

4 of 1948, the Mutual Educational and Cultural Exchange 

5 Act of 1961, Reorganization Plan Number 2 of 1977, the 

6 Foreign Affairs Reform and Restructuring Act of 1998, 

7 the Center for Cultural and Technical Interchange Be8 tween East and West Act of 1960, the Dante B. Fascell 

9 North-South Center Act of 1991, and the National En10 dowment for Democracy Act, and to carry out other au11 thorities in law consistent with the purposes of such Acts 

12 for ‘‘Educational and Cultural Exchange Programs’’, 

13 $500,000,000 for the fiscal year 2006. 

14 (b) ADMINISTRATION OF FOREIGN AFFAIRS.— 

15 The are authorized to be appropriated for the De16 partment of State under ‘‘Administration of Foreign Af17 fairs’’ to carry out the authorities, functions, duties, and 

18 responsibilities in the conduct of foreign affairs of the 

19 United States, and for other purposes authorized by law 

20 for ‘‘Diplomatic and Consular Programs’’, $500,000,000 

21 for the fiscal year 2006, which shall only be available for 

22 public diplomacy international information programs. 
30 

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1 SEC. 223. TREATMENT OF DETAINEES. 

2 (a) FINDINGS.—Consistent with the report of the Na3 tional Commission on Terrorist Attacks Upon the United 

4 States, Congress makes the following findings: 

5 (1) Carrying out the global war on terrorism re6 quires the development of policies with respect to the 

7 detention and treatment of captured international 

8 terrorists that are adhered to by all coalition forces. 

9 (2) Article 3 of the Convention Relative to the 

10 Treatment of Prisoners of War, done at Geneva Au11 gust 12, 1949 (6 UST 3316), was specifically de12 signed for cases in which the usual rules of war do 

13 not apply, and the minimum standards of treatment 

14 pursuant to such Article are generally accepted 

15 throughout the world as customary international 

16 law. 

17 (b) POLICY.—The policy of the United States is as 

18 follows: 

19 (1) It is the policy of the United States to treat 

20 all foreign persons captured, detained, interned, or 

21 otherwise held in the custody of the United States 

22 (hereinafter ‘‘detainees’’) humanely and in accord23 ance with the legal obligations under United States 

24 law and international law, including the obligations 

25 in the Convention Against Torture and in the min-
31 

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1 imum standards set forth in the Geneva Conven2 tions. 

3 (2) It is the policy of the United States that all 

4 officials of the United States are bound both in war5 time and in peacetime by the legal prohibitions 

6 against torture, cruel, inhumane, or degrading treat7 ment set out in the Constitution, laws, and treaties 

8 of the United States. 

9 (3) If there is any doubt as to whether a de10 tainee is entitled to the protections afforded by the 

11 Geneva Conventions, it is the policy of the United 

12 States that such detainee shall enjoy the protections 

13 of the Convention Relative to the Treatment of Pris14 oners of War, done at Geneva August 12, 1949 (6 

15 UST 3316) until such time as the detainee’s status 

16 can be determined pursuant to the procedures au17 thorized by Army Regulation 190–8, Section 1–6. 

18 (4) It is the policy of the United States to pro19 vide individualized hearings for all detainees for the 

20 purpose of expeditiously holding detainees account21 able for violations of the law of war, other relevant 

22 international prohibitions, or criminal laws alleged to 

23 have been committed by such detainees or to expedi24 tiously conduct intelligence debriefings of such de25 tainees. 
32 

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1 (5) It is the policy of the United States to avoid 

2 the indefinite detention of any individual in a man3 ner which is contrary to the legal principles and se4 curity interests of the United States. 

5 (c) REPORTING.—The Secretary shall submit to the 

6 appropriate congressional committees: 

7 (1) A quarterly report providing the number of 

8 detainees who were denied prisoner of war status 

9 under the Geneva Conventions and the basis for de10 nying such status to each such detainee. 

11 (2) Not later than 180 days after the date of 

12 enactment of this Act, a report setting forth— 

13 (A) the proposed schedule for military 

14 commissions to be held at Guantanamo Bay, 

15 Cuba; and 

16 (B) the number of individuals currently 

17 held at Guantanamo Bay, Cuba, the number of 

18 such individuals who are unlikely to face a mili19 tary commission in the next six months, and 

20 each reason for not bringing such individuals 

21 before a military commission. 

22 (3) Not later than 15 days after the date of en23 actment of this Act, all International Committee of 

24 the Red Cross reports, completed prior to the date 

25 of enactment of this Act, concerning the treatment 
33 

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1 of detainees in United States custody at Guanta2 namo Bay, Cuba, Iraq, and Afghanistan. Such re3 ports should be provided, in classified form. 

4 (4) Not later than 90 days after the date of en5 actment of this Act, a report setting forth all inter6 rogation techniques approved, as of the date of en7 actment of this Act, by officials of the United States 

8 for use with detainees. 

9 (d) ANNUAL TRAINING REQUIREMENT.—The Sec10 retary of Defense shall certify to the appropriate congres11 sional committees, not later than June 1 of each year, that 

12 all Federal employees and civilian contractors engaged in 

13 the handling or interrogating of detainees have fulfilled 

14 an annual training requirement on the laws of war, the 

15 Geneva Conventions, the Convention Against Torture, and 

16 the obligations of the United States under international 

17 humanitarian law. 

18 (e) PROHIBITION ON TORTURE OR CRUEL, INHU19 MANE, OR DEGRADING TREATMENT OR PUNISHMENT.— 

20 (1) IN GENERAL.—No detainee shall be subject 

21 to torture or cruel, inhumane, or degrading treat22 ment or punishment that is prohibited by the Con23 stitution, laws, or treaties of the United States. 

24 (2) RELATIONSHIP TO GENEVA CONVEN25 TIONS.—Nothing in this section shall affect the sta-
34 

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1 tus of any person under the Geneva Conventions or 

2 whether any person is entitled to the protections of 

3 the Geneva Conventions. 

4 (f) RULES, REGULATIONS, AND GUIDELINES.— 

5 (1) REQUIREMENT.—Not later than 180 days 

6 after the date of enactment of this Act, the Sec7 retary and the Director shall prescribe the rules, 

8 regulations, or guidelines necessary to ensure com9 pliance with the prohibition in subsection (e)(1) by 

10 all personnel of the United States Government and 

11 by any person providing services to the United 

12 States Government on a contract basis. 

13 (2) REPORT TO CONGRESS.—The Secretary and 

14 the Director shall submit to Congress the rules, reg15 ulations, or guidelines prescribed under paragraph 

16 (1), and any modifications to such rules, regulations, 

17 or guidelines— 

18 (A) not later than 30 days after the effec19 tive date of such rules, regulations, guidelines, 

20 or modifications; and 

21 (B) in a manner and form that will protect 

22 the national security interests of the United 

23 States. 

24 (g) REPORTS ON POSSIBLE VIOLATIONS.— 
35 

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1 (1) REQUIREMENT.—The Secretary and the Di2 rector shall each submit, on a timely basis and not 

3 less than twice each year, a report to Congress on 

4 the circumstances surrounding, and a status report 

5 on, any investigation of a possible violation of the 

6 prohibition in subsection (e)(1) by United States 

7 Government personnel or by a person providing serv8 ices to the United States Government on a contract 

9 basis. 

10 (2) FORM OF REPORT.—A report required 

11 under paragraph (1) shall be submitted in a manner 

12 and form that— 

13 (A) will protect the national security inter14 ests of the United States; and 

15 (B) will not prejudice any prosecution of 

16 an individual alleged to have violated the prohi17 bition in subsection (e)(1). 

18 (h) DEFINITIONS.—In this section: 

19 (1) APPROPRIATE CONGRESSIONAL COMMIT20 TEES.—The term ‘‘appropriate congressional com21 mittees’’ means the Committee on Armed Services, 

22 the Committee on the Judiciary, and the Committee 

23 on Foreign Relations of the Senate and the Com24 mittee on Armed Services, the Committee on the Ju-
36 

•S 12 IS1S 

1 diciary, and the Committee on International Rela2 tions of the House of Representatives. 

3 (2) CONVENTION AGAINST TORTURE.—The 

4 term ‘‘Convention Against Torture’’ means the Con5 vention Against Torture and Other Cruel, Inhuman 

6 or Degrading Treatment or Punishment, done at 

7 New York December 10, 1984. 

8 (3) DIRECTOR.—The term ‘‘Director’’ means 

9 the Director of National Intelligence. 

10 (4) GENEVA CONVENTIONS.—The term ‘‘Gene11 va Conventions’’ means— 

12 (A) the Convention for the Amelioration of 

13 the Condition of the Wounded and Sick in 

14 Armed Forces in the Field, done at Geneva Au15 gust 12, 1949 (6 UST 3114); 

16 (B) the Convention for the Amelioration of 

17 the Condition of the Wounded, Sick, and Ship18 wrecked Members of Armed Forces at Sea, 

19 done at Geneva August 12, 1949 (6 UST 

20 3217); 

21 (C) the Convention Relative to the Treat22 ment of Prisoners of War, done at Geneva Au23 gust 12, 1949 (6 UST 3316); and 
37 

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1 (D) the Convention Relative to the Protec2 tion of Civilian Persons in Time of War, done 

3 at Geneva August 12, 1949 (6 UST 3516). 

4 (5) SECRETARY.—The term ‘‘Secretary’’ means 

5 the Secretary of Defense. 

6 (6) TORTURE.—The term ‘‘torture’’ has the 

7 meaning given that term in section 2340 of title 18, 

8 United States Code. 

9 SEC. 224. NATIONAL COMMISSION TO REVIEW POLICY RE10 GARDING THE TREATMENT OF DETAINEES. 

11 (a) ESTABLISHMENT OF COMMISSION.—There is es12 tablished the National Commission To Review Policy Re13 garding the Treatment of Detainees. 

14 (b) PURPOSES.—The purposes of the Commission are 

15 as follows: 

16 (1) To examine and report upon the role of pol17 icymakers in the development of intelligence related 

18 to the treatment of individuals detained during Op19 eration Iraqi Freedom or Operation Enduring Free20 dom. 

21 (2) To examine and report on the impact of the 

22 abuse of prisoners by the United States personnel on 

23 the security of the Armed Forces of the United 

24 States. 
38 

•S 12 IS1S 

1 (3) To build upon the reviews of the policies of 

2 the United States related to the treatment of indi3 viduals detained by the United States, including 

4 such reviews conducted by the executive branch, 

5 Congress, or other entities. 

6 (c) COMPOSITION OF THE COMMISSION.— 

7 (1) MEMBERS.—The Commission shall be com8 posed of 15 members, of whom— 

9 (A) 3 members shall be appointed by the 

10 majority leader of the Senate; 

11 (B) 3 members shall be appointed by the 

12 Speaker of the House of Representatives; 

13 (C) 3 members shall be appointed by the 

14 minority leader of the Senate; 

15 (D) 3 members shall be appointed by the 

16 minority leader of the House of Representa17 tives; 

18 (E) 1 member shall be appointed by the 

19 Judge Advocate General of the Army; 

20 (F) 1 member shall be appointed by the 

21 Judge Advocate General of the Navy; and 

22 (G) 1 member shall be appointed by the 

23 Judge Advocate General of the Air Force. 

24 (2) CHAIRPERSON; VICE CHAIRPERSON.— 
39 

•S 12 IS1S 

1 (A) IN GENERAL.—Subject to subpara2 graph (B), the Chairperson and Vice Chair3 person of the Commission shall be elected by 

4 the members. 

5 (B) POLITICAL PARTY AFFILIATION.—The 

6 Chairperson and Vice Chairperson may not be 

7 from the same political party. 

8 (3) INITIAL MEETING.—Once 9 or more mem9 bers of the Commission have been appointed, those 

10 members who have been appointed may meet and, if 

11 necessary, select a temporary chairperson, who may 

12 begin the operations of the Commission, including 

13 the hiring of staff. 

14 (4) QUORUM; VACANCIES.—After its initial 

15 meeting, the Commission shall meet upon the call of 

16 the Chairperson or a majority of its members. Eight 

17 members of the Commission shall constitute a 

18 quorum. Any vacancy in the Commission shall not 

19 affect its powers, but shall be filled in the same 

20 manner in which the original appointment was 

21 made. 

22 (5) SENSE OF CONGRESS ON QUALIFICATIONS

23 OF COMMISSION MEMBERS.—It is the sense of Con24 gress that individuals appointed to the Commission 

25 should be prominent United States citizens, with na-
40 

•S 12 IS1S 

1 tional recognition and significant depth of experience 

2 in the fields of intelligence, law enforcement, or for3 eign affairs, or experience serving the United States 

4 Government, including service in the Armed Forces. 

5 (d) FUNCTIONS OF THE COMMISSION.—The func6 tions of the Commission are— 

7 (1) to conduct an investigation that— 

8 (A) investigates the development of policy 

9 relating to individuals detained during Oper10 ation Iraqi Freedom or Operation Enduring 

11 Freedom; 

12 (B) determines whether the United States 

13 policy related to the treatment of detained indi14 viduals has adversely affected the security of 

15 the members of the Armed Forces of the 

16 United States; 

17 (C) determines whether and to what extent 

18 the incidences of abuse of detained individuals 

19 has affected the standing of the United States 

20 in the world; 

21 (D) determines whether and to what extent 

22 leaders of the United States Armed Forces were 

23 given the opportunity to comment on and influ24 ence policy relating to treatment of detained in25 dividuals; and 
41 

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1 (E) determines whether and to what extent 

2 policy relating to the treatment of individuals 

3 detained during Operation Iraqi Freedom or 

4 Operation Enduring Freedom differed from the 

5 policies and practices regarding detainees estab6 lished by the Armed Forces prior to such oper7 ations; and 

8 (2) to submit to the President and Congress 

9 such report as is required by this section containing 

10 such findings, conclusions, and recommendations as 

11 the Commission shall determine, including proposing 

12 organization, coordination, planning, management 

13 arrangements, procedures, rules, and regulations. 

14 (e) POWERS OF THE COMMISSION.— 

15 (1) IN GENERAL.— 

16 (A) HEARINGS AND EVIDENCE.—The 

17 Commission or, on the authority of the Com18 mission, any subcommittee or member thereof, 

19 may, for the purpose of carrying out this sec20 tion— 

21 (i) hold such hearings and sit and act 

22 at such times and places, take such testi23 mony, receive such evidence, administer 

24 such oaths; and 
42 

•S 12 IS1S 

1 (ii) require, by subpoena or otherwise, 

2 the attendance and testimony of such wit3 nesses and the production of such books, 

4 records, correspondence, memoranda, ca5 bles, electronic messages, papers, and doc6 uments, as the Commission or such des7 ignated subcommittee or designated mem8 ber may determine advisable. 

9 (B) SUBPOENAS.— 

10 (i) ISSUANCE.—Subpoenas issued 

11 under subparagraph (A)(ii) may be issued 

12 under the signature of the Chairperson of 

13 the Commission, the Vice Chairperson of 

14 the Commission, the chairperson of any 

15 subcommittee created by a majority of the 

16 Commission, or any member designated by 

17 a majority of the Commission, and may be 

18 served by any person designated by the 

19 Chairperson, subcommittee chairperson, or 

20 member. 

21 (ii) ENFORCEMENT.— 

22 (I) IN GENERAL.—In the case of 

23 contumacy or failure to obey a sub24 poena issued under subparagraph 

25 (A)(ii), the United States district 
43 

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1 court for the judicial district in which 

2 the subpoenaed person resides, is 

3 served, or may be found, or where the 

4 subpoena is returnable, may issue an 

5 order requiring such person to appear 

6 at any designated place to testify or 

7 to produce documentary or other evi8 dence. Any failure to obey the order of 

9 the court may be punished by the 

10 court as a contempt of that court. 

11 (II) ADDITIONAL ENFORCE12 MENT.—In the case of any failure of 

13 any witness to comply with any sub14 poena or to testify when summoned 

15 under authority of this section, the 

16 Commission may, by majority vote, 

17 certify a statement of fact consti18 tuting such failure to the appropriate 

19 United States attorney, who may 

20 bring the matter before the grand 

21 jury for its action, under the same 

22 statutory authority and procedures as 

23 if the United States attorney had re24 ceived a certification under sections 

25 102 through 104 of the Revised Stat-
44 

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1 utes of the United States (2 U.S.C. 

2 192 through 194). 

3 (2) CLOSED MEETINGS.— 

4 (A) IN GENERAL.—Meetings of the Com5 mission may be closed to the public under sec6 tion 10(d) of the Federal Advisory Committee 

7 Act (5 U.S.C. App.) or other applicable law. 

8 (B) ADDITIONAL AUTHORITY.—In addition 

9 to the authority under subparagraph (A), sec10 tion 10(a)(1) and (3) of the Federal Advisory 

11 Committee Act (5 U.S.C. App.) shall not apply 

12 to any portion of a Commission meeting if the 

13 President determines that such portion or por14 tions of that meeting is likely to disclose mat15 ters that could endanger national security. If 

16 the President makes such determination, the re17 quirements relating to a determination under 

18 section 10(d) of that Act shall apply. 

19 (3) CONTRACTING.—The Commission may, to 

20 such extent and in such amounts as are provided in 

21 appropriation Acts, enter into contracts to enable 

22 the Commission to discharge its duties under this 

23 section. 

24 (4) INFORMATION FROM FEDERAL AGENCIES.— 

25 The Commission is authorized to secure directly 
45 

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1 from any executive department, bureau, agency, 

2 board, commission, office, independent establish3 ment, or instrumentality of the Government infor4 mation, suggestions, estimates, and statistics for the 

5 purposes of this section. Each department, bureau, 

6 agency, board, commission, office, independent es7 tablishment, or instrumentality shall, to the extent 

8 authorized by law, furnish such information, sugges9 tions, estimates, and statistics directly to the Com10 mission, upon request made by the Chairperson, the 

11 chairperson of any subcommittee created by a ma12 jority of the Commission, or any member designated 

13 by a majority of the Commission. 

14 (5) ASSISTANCE FROM FEDERAL AGENCIES.— 

15 (A) GENERAL SERVICES ADMINISTRA16 TION.—The Administrator of General Services 

17 shall provide to the Commission on a reimburs18 able basis administrative support and other 

19 services for the performance of the Commis20 sion’s functions. 

21 (B) OTHER DEPARTMENTS AND AGEN22 CIES.—In addition to the assistance prescribed 

23 in subparagraph (A), departments and agencies 

24 of the United States are authorized to provide 

25 to the Commission such services, funds, facili-
46 

•S 12 IS1S 

1 ties, staff, and other support services as they 

2 may determine advisable and as may be author3 ized by law. 

4 (6) GIFTS.—The Commission may accept, use, 

5 and dispose of gifts or donations of services or prop6 erty. 

7 (7) POSTAL SERVICES.—The Commission may 

8 use the United States mails in the same manner and 

9 under the same conditions as departments and agen10 cies of the United States. 

11 (f) STAFF OF THE COMMISSION.— 

12 (1) APPOINTMENT AND COMPENSATION.—The 

13 Chairperson and Vice Chairperson, in accordance 

14 with rules agreed upon by the Commission, may ap15 point and fix the compensation of a staff director 

16 and such other personnel as may be necessary to en17 able the Commission to carry out its functions, with18 out regard to the provisions of title 5, United States 

19 Code, governing appointments in the competitive 

20 service, and without regard to the provisions of 

21 chapter 51 and subchapter III of chapter 53 of such 

22 title relating to classification and General Schedule 

23 pay rates, except that no rate of pay fixed under this 

24 subsection may exceed the equivalent of that payable 
47 

•S 12 IS1S 

1 for a position at level V of the Executive Schedule 

2 under section 5316 of title 5, United States Code. 

3 (2) PERSONNEL AS FEDERAL EMPLOYEES.— 

4 (A) IN GENERAL.—The executive director 

5 and any personnel of the Commission who are 

6 employees shall be employees under section 

7 2105 of title 5, United States Code, for pur8 poses of chapters 63, 81, 83, 84, 85, 87, 89, 

9 and 90 of that title. 

10 (B) MEMBERS OF COMMISSION.—Subpara11 graph (A) shall not be construed to apply to a 

12 member of the Commission. 

13 (3) DETAILEES.—Any Federal Government em14 ployee may be detailed to the Commission without 

15 reimbursement from the Commission, and such 

16 detailee shall retain the rights, status, and privileges 

17 of his or her regular employment without interrup18 tion. 

19 (4) CONSULTANT SERVICES.—The Commission 

20 is authorized to procure the services of experts and 

21 consultants in accordance with section 3109 of title 

22 5, United States Code, but at rates not to exceed the 

23 daily rate paid a person occupying a position at level 

24 IV of the Executive Schedule under section 5315 of 

25 title 5, United States Code. 
48 

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1 (g) COMPENSATION AND TRAVEL EXPENSES.— 

2 (1) COMPENSATION.—Each member of the 

3 Commission may be compensated at not to exceed 

4 the daily equivalent of the annual rate of basic pay 

5 in effect for a position at level IV of the Executive 

6 Schedule under section 5315 of title 5, United 

7 States Code, for each day during which that member 

8 is engaged in the actual performance of the duties 

9 of the Commission. 

10 (2) TRAVEL EXPENSES.—While away from 

11 their homes or regular places of business in the per12 formance of services for the Commission, members 

13 of the Commission shall be allowed travel expenses, 

14 including per diem in lieu of subsistence, in the 

15 same manner as persons employed intermittently in 

16 the Government service are allowed expenses under 

17 section 5703(b) of title 5, United States Code. 

18 (h) SECURITY CLEARANCES FOR COMMISSION MEM19 BERS AND STAFF.—The appropriate departments and 

20 agencies of the Government shall cooperate with the Com21 mission in expeditiously providing to the Commission 

22 members and staff appropriate security clearances in a 

23 manner consistent with existing procedures and require24 ments, except that no person shall be provided with access 
49 

•S 12 IS1S 

1 to classified information under this section who would not 

2 otherwise qualify for such security clearance. 

3 (i) REPORT OF THE COMMISSION.—Not later than 9 

4 months after the date of the first meeting of the Commis5 sion, the Commission shall submit to the President and 

6 Congress a report containing such findings, conclusions, 

7 and recommendations as have been agreed to by a major8 ity of Commission members. 

9 (j) TERMINATION.— 

10 (1) TERMINATION.—The Commission, and all 

11 the authorities of this section, shall terminate 60 

12 days after the date on which the report is submitted 

13 under subsection (i). 

14 (2) ADMINISTRATIVE ACTIVITIES BEFORE TER15 MINATION.—The Commission may use the 60-day 

16 period referred to in paragraph (1) for the purpose 

17 of concluding its activities, including providing testi18 mony to committees of Congress concerning its re19 ports and disseminating the second report. 

20 (k) AUTHORIZATION OF APPROPRIATIONS.—There 

21 are authorized to be appropriated to the Commission to 

22 carry out this section $5,000,000, to remain available 

23 until expended. 
50 

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1 Subtitle D—Strategy for the United 

2 States Relationship With Af3 ghanistan, Pakistan, and Saudi 

4 Arabia 

5 SEC. 231. AFGHANISTAN. 

6 (a) AFGHANISTAN FREEDOM SUPPORT ACT OF

7 2002.—Section 108(a) the Afghanistan Freedom Support 

8 Act of 2002 (22 U.S.C. 7518(a)) is amended by striking 

9 ‘‘such sums as may be necessary for each of the fiscal 

10 years 2005 and 2006’’ and inserting ‘‘$2,400,000,000 for 

11 fiscal year 2006 and such sums as may be necessary for 

12 each of the fiscal years 2007 and 2008’’. 

13 (b) OTHER AUTHORIZATIONS OF APPROPRIA14 TIONS.— 

15 (1) FISCAL YEAR 2006.—There are authorized 

16 to be appropriated to the President for providing as17 sistance for Afghanistan in a manner consistent with 

18 the provisions of the Afghanistan Freedom Support 

19 Act of 2002 (22 U.S.C. 7501 et seq.) for fiscal year 

20 2006— 

21 (A) for ‘‘International Military Education 

22 and Training’’, $1,000,000 to carry out the 

23 provisions of section 541 of the Foreign Assist24 ance Act of 1961 (22 U.S.C. 2347); 
51 

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1 (B) for ‘‘Foreign Military Financing Pro2 gram’’ grants, $444,000,000 to carry out the 

3 provisions of section 23 of the Arms Export 

4 Control Act (22 U.S.C. 2763); and 

5 (C) for ‘‘Peacekeeping Operations’’, 

6 $30,000,000 to carry out the provisions of sec7 tion 551 of the Foreign Assistance Act of 1961 

8 (22 U.S.C. 2348). 

9 (2) FISCAL YEARS 2007 AND 2008.— 

10 (A) AUTHORIZATION OF APPROPRIA11 TION.—There are authorized to be appropriated 

12 for each of the purposes described in subpara13 graphs (A) through (C) of paragraph (1) such 

14 sums as may be necessary for each of the fiscal 

15 years 2007 and 2008. 

16 (B) SENSE OF CONGRESS.—It is the sense 

17 of Congress that the amount appropriated for 

18 each purpose described in subparagraphs (A) 

19 through (C) of paragraph (1) for each of the 

20 fiscal years 2007 and 2008 should be an 

21 amount that is equal to 125 percent of the 

22 amount appropriated for such purpose during 

23 the preceding fiscal year. 
52 

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1 (3) OTHER FUNDS.—Amounts authorized to be 

2 appropriated under this section are in addition to 

3 amounts otherwise available for such purposes. 

4 SEC. 232. PAKISTAN. 

5 (a) FINDINGS.—Congress makes the following find6 ings: 

7 (1) Since September 11, 2001, the Government 

8 of Pakistan has been an important partner in help9 ing the United States remove the Taliban regime in 

10 Afghanistan and combating international terrorism 

11 in the frontier provinces of Pakistan. 

12 (2) There remain a number of critical issues 

13 that threaten to disrupt the relationship between the 

14 United States and Pakistan, undermine inter15 national security, and destabilize Pakistan, includ16 ing— 

17 (A) curbing the proliferation of nuclear 

18 weapons technology; 

19 (B) combating poverty and corruption; 

20 (C) building effective government institu21 tions, especially secular public schools; 

22 (D) promoting democracy and rule of law, 

23 particularly at the national level; and 

24 (E) effectively dealing with Islamic extre25 mism. 
53 

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1 (b) POLICY.—It is the policy of the United States— 

2 (1) to work with the Government of Pakistan to 

3 combat international terrorism, especially in the 

4 frontier provinces of Pakistan; 

5 (2) to establish a long-term strategic partner6 ship with the Government of Pakistan to address the 

7 issues described in subparagraphs (A) through (E) 

8 of subsection (a)(2); 

9 (3) to dramatically increase funding for United 

10 States Agency for International Development and 

11 Department of State programs that assist Pakistan 

12 in addressing such issues, if the Government of 

13 Pakistan demonstrates a commitment to building a 

14 moderate, democratic state; and 

15 (4) to work with the international community to 

16 secure additional financial and political support to 

17 effectively implement the policies set forth in this 

18 subsection and help to resolve the dispute between 

19 the Government of Pakistan and the Government of 

20 India over the disputed territory of Kashmir. 

21 (c) STRATEGY ON PAKISTAN.— 

22 (1) REQUIREMENT FOR REPORT ON STRAT23 EGY.—Not later than 90 days after the date of en24 actment of this Act, the President shall submit to 

25 the appropriate congressional committees a report, 
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1 in classified form if necessary, that describes the 

2 long-term strategy of the United States to engage 

3 with the Government of Pakistan to address the 

4 issues described in subparagraphs (A) through (E) 

5 of subsection (a)(2) in order accomplish the goal of 

6 building a moderate, democratic Pakistan. 

7 (2) APPROPRIATE CONGRESSIONAL COMMIT8 TEES DEFINED.—In this subsection the term ‘‘ap9 propriate congressional committees’’ means the 

10 Committee on Appropriations and the Committee on 

11 Foreign Relations in the Senate, and the Committee 

12 on Appropriations and the Committee on Inter13 national Relations of the House of Representatives. 

14 (d) NUCLEAR PROLIFERATION.— 

15 (1) FINDING.—Congress finds that Pakistan’s 

16 maintenance of a global missile and nuclear pro17 liferation network would be inconsistent with Paki18 stan being considered an ally of the United States. 

19 (2) SENSE OF CONGRESS.—It is the sense of 

20 Congress that the national security interest of the 

21 United States will best be served if the United 

22 States develops and implements a long-term strategy 

23 to improve the United States relationship with Paki24 stan and works with the Government of Pakistan to 

25 stop nuclear proliferation. 
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1 (3) LIMITATION ON ASSISTANCE TO PAKI2 STAN.—None of the funds appropriated for a fiscal 

3 year to provide military or economic assistance to 

4 the Government of Pakistan may be made available 

5 for such purpose unless the President submits to 

6 Congress for such fiscal year a certification that no 

7 military or economic assistance provided by the 

8 United States to the Government of Pakistan will be 

9 provided, either directly or indirectly, to a person 

10 that is opposing or undermining the efforts of the 

11 United States Government to halt the proliferation 

12 of nuclear weapons. 

13 (e) AUTHORIZATION OF APPROPRIATIONS.— 

14 (1) IN GENERAL.—There are authorized to be 

15 appropriated to the President for providing assist16 ance for Pakistan for fiscal year 2006— 

17 (A) for ‘‘Development Assistance’’, 

18 $50,000,000 to carry out the provisions of sec19 tion 103, 105, and 106 of the Foreign Assist20 ance Act of 1961 (22 U.S.C. 2151a, 2151c, and 

21 2151d,); 

22 (B) for the ‘‘Child Survival and Health 

23 Programs Fund’’, $35,000,000 to carry out the 

24 provisions of sections 104 of the Foreign Assist25 ance Act of 1961 (22 U.S.C. 2151b); 
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1 (C) for the ‘‘Economic Support Fund’’, 

2 $350,000,000 to carry out the provisions of 

3 chapter 4 of part II of the Foreign Assistance 

4 Act of 1961 (22 U.S.C. 2346 et seq.); 

5 (D) for ‘‘International Narcotics and Law 

6 Enforcement’’, $50,000,000 to carry out the 

7 provisions of section 481 of the Foreign Assist8 ance Act of 1961 (22 U.S.C. 2291); 

9 (E) for ‘‘Nonproliferation, Anti-Terrorism, 

10 Demining, and Related Programs’’, 

11 $10,000,000; 

12 (F) for ‘‘International Military Education 

13 and Training’’, $2,000,000 to carry out the 

14 provisions of section 541 of the Foreign Assist15 ance Act of 1961 (22 U.S.C. 2347); and 

16 (G) for ‘‘Foreign Military Financing Pro17 gram’’, $300,000,000 grants to carry of the 

18 provision of section 23 of the Arms Export 

19 Control Act (22 U.S.C. 2763). 

20 (2) OTHER FUNDS.—Amounts authorized to be 

21 appropriated under this section are in addition to 

22 amounts otherwise available for such purposes. 

23 SEC. 233. SAUDI ARABIA. 

24 (a) FINDINGS.—Congress makes the following find25 ings: 
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1 (1) The Kingdom of Saudi Arabia has an un2 even record in the fight against terrorism, especially 

3 with respect to terrorist financing, support for rad4 ical madrassas, and a lack of political outlets for its 

5 citizens, that poses a threat to the security of the 

6 United States, the international community, and the 

7 Kingdom of Saudi Arabia itself. 

8 (2) The United States has a national security 

9 interest in working with the Government of Saudi 

10 Arabia to combat international terrorists that oper11 ate within that nation or that operate outside Saudi 

12 Arabia with the support of citizens of Saudi Arabia. 

13 (3) In order to more effectively combat ter14 rorism, the Government of Saudi Arabia must un15 dertake a number of political and economic reforms, 

16 including increasing anti-terrorism operations con17 ducted by law enforcement agencies, providing more 

18 political rights to its citizens, increasing the rights 

19 of women, engaging in comprehensive educational 

20 reform, enhancing monitoring of charitable organiza21 tions, promulgating and enforcing domestic laws and 

22 regulation on terrorist financing. 

23 (b) POLICY.—It is the policy of the United States— 

24 (1) to engage with the Government of Saudi 

25 Arabia to openly confront the issue of terrorism, as 
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1 well as other problematic issues such as the lack of 

2 political freedoms, with the goal of restructuring the 

3 relationship on terms that leaders of both nations 

4 can publicly support; 

5 (2) to enhance counterterrorism cooperation 

6 with the Government of Saudi Arabia, if the political 

7 leaders of such Government are committed to mak8 ing a serious, sustained effort to combat terrorism; 

9 and 

10 (3) to support the efforts of the Government of 

11 Saudi Arabia to make political, economic, and social 

12 reforms throughout the country. 

13 (c) STRATEGY ON SAUDI ARABIA.— 

14 (1) REQUIREMENT FOR REPORT ON STRAT15 EGY.—Not later than 90 days after the date of en16 actment of this Act, the President shall submit to 

17 the appropriate congressional committees a report, 

18 in classified form if necessary, that describes the 

19 long-term strategy of the United States— 

20 (A) to engage with the Government of 

21 Saudi Arabia to facilitate political, economic, 

22 and social reforms that will enhance the ability 

23 of the Government of Saudi Arabia to combat 

24 international terrorism; and 
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1 (B) to effectively prevent the financing of 

2 terrorists in Saudi Arabia. 

3 (2) APPROPRIATE CONGRESSIONAL COMMIT4 TEES DEFINED.—In this subsection the term ‘‘ap5 propriate congressional committees’’ means the 

6 Committee on Appropriations and the Committee on 

7 Foreign Relations in the Senate, and the Committee 

8 on Appropriations and the Committee on Inter9 national Relations of the House of Representatives. 

10 TITLE III—PROTECTION FROM 

11 TERRORIST ATTACKS THAT 

12 UTILIZE NUCLEAR, CHEM13 ICAL, BIOLOGICAL, AND RADI14 OLOGICAL WEAPONS 

15 Subtitle A—Non-Proliferation 

16 Programs 

17 SEC. 301. REPEAL OF LIMITATIONS TO THREAT REDUCTION 

18 ASSISTANCE. 

19 Section 5 of S. 2980 of the 108th Congress (the 

20 Nunn-Lugar Cooperative Threat Reduction Act of 2004), 

21 as introduced on November 16, 2004, is hereby enacted 

22 into law. 

23 SEC. 302. REUSE OF RUSSIAN NUCLEAR FACILITIES. 

24 (a) IN GENERAL.—The Secretary of Energy shall 

25 work with the Minister of Atomic Energy of Russia to 
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1 carry out a program to close or convert to non-defense 

2 work one or more nuclear weapons assembly and dis3 assembly facilities in Russia. 

4 (b) DESIGNATION OF FACILITIES.—The Secretary of 

5 Energy and Minister of Atomic Energy of Russia shall 

6 jointly designate each facility to be covered by the program 

7 under subsection (a). 

8 (c) COMMISSIONS TO PROVIDE ADVICE AND REC9 OMMENDATIONS.— 

10 (1) IN GENERAL.—Not later than two months 

11 after the designation of a facility under subsection 

12 (b), the Secretary of Energy shall establish a com13 mission to provide advice and recommendations on 

14 the closure or conversion of the facility to non-de15 fense work. 

16 (2) COMMISSION MEMBERSHIP.—Each commis17 sion established under paragraph (1) shall consist of 

18 such personnel, including Russian nationals, as the 

19 Secretary considers appropriate for its work. The 

20 names of each member of each commission shall be 

21 made public upon designation under this paragraph. 

22 (3) PERSONNEL MATTERS.— 

23 (A) COMPENSATION.—Each member of a 

24 commission established under paragraph (1) 

25 who is not an officer or employee of the Federal 
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1 Government shall be compensated at a rate 

2 equal to the daily equivalent of the annual rate 

3 of basic pay prescribed for level IV of the Exec4 utive Schedule under section 5315 of title 5, 

5 United States Code, for each day (including 

6 travel time) during which such member is en7 gaged in the performance of the duties of such 

8 commission. All members of a commission who 

9 are officers or employees of the United States 

10 shall serve without compensation in addition to 

11 that received for their services as officers or 

12 employees of the United States. 

13 (B) TRAVEL EXPENSES.—The members of 

14 a commission established under paragraph (1) 

15 shall be allowed travel expenses, including per 

16 diem in lieu of subsistence, at rates authorized 

17 for employees of agencies under subchapter I of 

18 chapter 57 of title 5, United States Code, while 

19 away from their homes or regular places of 

20 business in the performance of services for such 

21 commission. 

22 (4) FACA.—The Federal Advisory Committee 

23 Act (5 U.S.C. App.) shall not apply to any activities 

24 of a commission established under paragraph (1). 
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1 (5) OPEN MEETINGS.—The meetings of any 

2 commission under paragraph (1) shall, to the max3 imum extent practicable, be open to the public. 

4 (d) PROPOSED FACILITY REUSE PLAN.— 

5 (1) REQUIREMENT FOR PROPOSED PLAN.—Not 

6 later than six months after the designation of a fa7 cility under subsection (b), the commission for the 

8 facility under subsection (c) shall submit to the Sec9 retary of Energy and the Minister of Atomic Energy 

10 of Russia a proposed plan on the closure or conver11 sion of the facility to non-defense work. 

12 (2) ELEMENTS OF PROPOSED PLAN.—A pro13 posed plan under paragraph (1) may include one or 

14 more of the elements specified in subsection (f). 

15 (3) AVAILABILITY OF PROPOSED PLAN.—Any 

16 proposed plan submitted under paragraph (1) shall 

17 be made public upon its submittal. 

18 (e) FINAL FACILITY REUSE PLAN.— 

19 (1) REQUIREMENT FOR FINAL PLAN.—Not 

20 later than nine months after receiving a proposed 

21 plan for a facility under subsection (d), the Sec22 retary of Energy and the Minister of Atomic Energy 

23 of Russia shall jointly develop a final plan on the 

24 closure or conversion of the facility to non-defense 

25 work. 
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1 (2) ELEMENTS OF FINAL PLAN.—A final plan 

2 for a facility under paragraph (1) shall include the 

3 following: 

4 (A) Any of the elements specified in sub5 section (f). 

6 (B) Assurances of access to the facility 

7 necessary to carry out the final plan. 

8 (C) Resolution of any matters relating to 

9 liability and taxation. 

10 (D) An estimate of the costs of the United 

11 States, and of Russia, under the final plan. 

12 (E) The commitment of Russia to pay at 

13 least 15 percent of the costs of the final plan. 

14 (F) Milestones for the final plan, including 

15 a deadline for the closure or conversion of the 

16 facility to non-defense work. 

17 (G) Appropriate auditing and accounting 

18 mechanisms. 

19 (f) PLAN ELEMENTS.—The plan for a facility under 

20 subsection (d) or (e) may include one or more of the fol21 lowing elements: 

22 (1) A retraining program for facility employees. 

23 (2) Economic incentives to attract and facilitate 

24 commercial ventures in connection with the facility. 

25 (3) A site preparation plan. 
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1 (4) Technical exchange and training programs. 

2 (5) The participation of a redevelopment man3 ager and of business, legal, financial, or other appro4 priate experts. 

5 (6) Promotional or marketing plans. 

6 (7) Provision for startup funds, loans, or 

7 grants, or other venture capital or financing. 

8 (g) LIMITATION ON AVAILABILITY OF FUNDS.—No 

9 amount authorized to be appropriated by subsection (h) 

10 may be available for a facility under the program estab11 lished under subsection (a) unless the deadlines for the 

12 preparation of the proposed facility reuse plan for the fa13 cility under subsection (d) and for the preparation of the 

14 final facility reuse plan for the facility under subsection 

15 (e) are both met. 

16 (h) AUTHORIZATION OF APPROPRIATIONS.— 

17 (1) IN GENERAL.—There are authorized to be 

18 appropriated to the Department of Energy, 

19 $60,000,000 to carry out this section, of which not 

20 more than $4,000,000 may be available to each com21 mission established under subsection (c). 

22 (2) AVAILABILITY OF FUNDS.—The amount au23 thorized to be appropriated by paragraph (1) shall 

24 remain available until expended. 
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1 SEC. 303. RUSSIAN TACTICAL NUCLEAR WEAPONS. 

2 (a) REPORT REQUIRED.—Not later than six months 

3 after the date of enactment of this Act, the President shall 

4 submit to Congress a report setting forth the following: 

5 (1) An assessment of the number, location, con6 dition, and security of Russian tactical nuclear 

7 weapons. 

8 (2) An assessment of the threat that would be 

9 posed by the theft of Russian tactical nuclear weap10 ons. 

11 (3) A plan for developing with Russia a cooper12 ative program to secure, consolidate, and, as appro13 priate, dismantle Russian tactical nuclear weapons. 

14 (b) PROGRAM.—The Secretary of Defense and the 

15 Secretary of Energy shall jointly work with Russia to es16 tablish a cooperative program, based on the report under 

17 subsection (a), to secure, consolidate, and, as appropriate, 

18 dismantle Russian tactical nuclear weapons in order to 

19 achieve reductions in the total number of Russian tactical 

20 nuclear weapons. 

21 (c) AUTHORIZATION OF APPROPRIATIONS.— 

22 (1) DEPARTMENT OF DEFENSE.—There are au23 thorized to be appropriated for the Department of 

24 Defense, $25,000,000 to carry out this section. 
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1 (2) DEPARTMENT OF ENERGY.—There are au2 thorized to be appropriated for the Department of 

3 Energy, $25,000,000 to carry out this section. 

4 SEC. 304. ADDITIONAL ASSISTANCE TO ACCELERATE NON5 PROLIFERATION PROGRAMS. 

6 (a) AUTHORIZATION OF APPROPRIATIONS FOR THE

7 DEPARTMENT OF DEFENSE.—There are authorized to be 

8 appropriated to the Department of Defense $40,000,000 

9 for fiscal year 2006 for Cooperative Threat Reduction Ac10 tivities as follows: 

11 (1) To accelerate security upgrades at warhead 

12 storage sites located in Russia or another country of 

13 the former Soviet Union, $15,000,000. 

14 (2) To accelerate security upgrades at warhead 

15 storage sites located in countries other than the 

16 countries of the former Soviet Union, $10,000,000. 

17 (3) To accelerate biological weapons prolifera18 tion prevention programs in Kazakhstan, Georgia, 

19 and Uzbekiztan, $15,000,000. 

20 (b) AUTHORIZATION OF APPROPRIATIONS FOR THE

21 DEPARTMENT OF ENERGY.—There are authorized to be 

22 appropriated to the Department of Energy $95,000,000 

23 for fiscal year 2006 for nonproliferation activities of the 

24 National Nuclear Security Administration as follows: 
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1 (1) To accelerate the Global Threat Reduction 

2 Initiative, $20,000,000. 

3 (2) To accelerate security upgrades at warhead 

4 storage sites located in Russia or another country of 

5 the former Soviet Union, $15,000,000. 

6 (3) To accelerate the closure of the plutonium 

7 producing reactor at Zheleznogorsk, Russia as part 

8 of the program to eliminate weapons grade pluto9 nium production, $25,000,000. 

10 (4) To accelerate completion of comprehensive 

11 security upgrades at Russian storage sites for weap12 ons-usable nuclear materials, $15,000,000. 

13 (c) AUTHORIZATION OF APPROPRIATIONS FOR THE

14 DEPARTMENT OF STATE.— 

15 (1) IN GENERAL.—There are authorized to be 

16 appropriated to the Department of State 

17 $25,000,000 for fiscal year 2006 for nonprolifera18 tion activities as follows: 

19 (A) To accelerate engagement of former 

20 chemical an biological weapons scientists in 

21 Russia and the countries of the former Soviet 

22 Union through the Bio-Chem Redirect Pro23 gram, $15,000,000. 

24 (B) To enhance efforts to combat bioter25 rorism by transforming the Soviet biological 
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1 weapons research and production facilities to 

2 commercial enterprises through the BioIndustry 

3 Initiative, $10,000,000. 

4 (2) AVAILABILITY OF FUNDS.—The amount au5 thorized to be appropriated by paragraph (1) shall 

6 remain available until expended. 

7 SEC. 305. ADDITIONAL ASSISTANCE TO THE INTER8 NATIONAL ATOMIC ENERGY AGENCY. 

9 There are authorized to be appropriated to the De10 partment of Energy $20,000,000 to be used to provide 

11 technical and other assistance to the International Atomic 

12 Energy Agency to support nonproliferation programs. 

13 Such amount is in addition to amounts otherwise available 

14 for such purpose. 

15 Subtitle B—Border Protection 

16 SEC. 311. FINDINGS. 

17 Congress makes the following findings: 

18 (1) More than 500,000,000 people cross the 

19 borders of the United States at legal points of entry 

20 each year, including approximately 330,000,000 peo21 ple who are not citizens of the United States. 

22 (2) The National Commission on Terrorist At23 tacks Upon the United States found that 15 of the 

24 19 hijackers involved in the September 11, 2001 ter-
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1 rorist attacks ‘‘were potentially vulnerable to inter2 ception by border authorities’’. 

3 (3) Officials with the Bureau of Customs and 

4 Border Protection and with the Bureau of Immigra5 tion and Customs Enforcement have stated that 

6 there is a shortage of agents in such Bureaus. Due 

7 to an inadequate budget, the Bureau of Immigration 

8 and Customs Enforcement has effected a hiring 

9 freeze since March 2004, and the Bureau has not 

10 made public any plans to end this freeze. 

11 SEC. 312. HIRING AND TRAINING OF BORDER SECURITY 

12 PERSONNEL. 

13 (a) INSPECTORS AND AGENTS.— 

14 (1) INCREASE IN INSPECTORS AND AGENTS.— 

15 During each of fiscal years 2005 through 2008, the 

16 Secretary of Homeland Security shall— 

17 (A) increase the number of full-time agents 

18 and associated support staff in the Bureau of 

19 Immigration and Customs Enforcement of the 

20 Department of Homeland Security by the equiv21 alent of at least 100 more than the number of 

22 such employees in the Bureau as of the end of 

23 the preceding fiscal year; and 

24 (B) increase the number of full-time in25 spectors and associated support staff in the Bu-
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1 reau of Customs and Border Protection by the 

2 equivalent of at least 200 more than the num3 ber of such employees in the Bureau as of the 

4 end of the preceding fiscal year. 

5 (2) WAIVER OF FTE LIMITATION.—The Sec6 retary is authorized to waive any limitation on the 

7 number of full-time equivalent personnel assigned to 

8 the Department of Homeland Security to fulfill the 

9 requirements of paragraph (1). 

10 (b) TRAINING.—The Secretary shall provide appro11 priate training for agents, inspectors, and associated sup12 port staff on an ongoing basis to utilize new technologies 

13 and to ensure that the proficiency levels of such personnel 

14 are acceptable to protect the borders of the United States. 

15 Subtitle C—Seaport Protection 

16 SEC. 321. FINDINGS. 

17 Congress makes the following findings: 

18 (1) The United States port system is a vital ar19 tery of the economy of the United States. Almost 95 

20 percent of all foreign trade passes through one or 

21 more of the 361 ports in the United States. Such 

22 seaports handle more than 2,000,000,000 tons of 

23 domestic and international freight each year of 

24 which has a value of more than $740,000,000. The 
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1 shipment of cargo in vessels creates employment for 

2 13,000,000 people within the United States. 

3 (2) The United States Coast Guard has esti4 mated that, given this tremendous commerce, a ter5 rorist attack shutting down a major port in the 

6 United States would have a $60,000,000 impact on 

7 the United States economy during the first 30 days 

8 after such an attack. 

9 (3) Although 6,000,000 cargo containers, each 

10 a possible hiding place for a bomb or other weapon, 

11 are off-loaded at ports in the United States each 

year, less than 1 12 ⁄10 of these containers are physically 

13 inspected. A container ship can carry as many as 

14 3,000 containers, each one weighing up to 45,000 

15 pounds, hundreds of which may be off-loaded at a 

16 port. 

17 (4) The United States Coast Guard has esti18 mated that the maritime security requirements set 

19 for ports by the Maritime Transportation Security 

20 Act of 2002 (Public Law 107–295; 116 Stat. 2064), 

21 which are critical to protecting United States ports 

22 from a nuclear terrorist attack, will cost 

23 $5,400,000,000 to implement over a 10-year period. 
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1 SEC. 322. PORT SECURITY GRANT FUNDING. 

2 Section 70107(h) of title 46, United States Code, is 

3 amended to read as follows: 

4 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There 

5 are authorized to be appropriated to the Secretary to carry 

6 out subsections (a) through (g)— 

7 ‘‘(1) $500,000,000 for fiscal year 2006; 

8 ‘‘(2) $750,000,000 for fiscal year 2007; 

9 ‘‘(3) $1,000,000,000 for fiscal year 2008; 

10 ‘‘(4) $1,250,000,000 for fiscal year 2009; and 

11 ‘‘(5) such sums as may be needed for each fis12 cal year after fiscal year 2009.’’. 

13 SEC. 323. DEPLOYMENT OF RADIATION DETECTION POR14 TAL EQUIPMENT; INTEGRATED CARGO IN15 SPECTION SYSTEM. 

16 (a) IN GENERAL.—Subtitle C of title IV of the 

17 Homeland Security Act of 2002 (6 U.S.C. 231 et seq.) 

18 is amended by adding at the end the following new section: 

19 ‘‘SEC. 431. DETECTION OF NUCLEAR MATERIAL AT UNITED 

20 STATES SEAPORTS. 

21 ‘‘(a) DEPLOYMENT OF RADIATION DETECTION POR22 TAL EQUIPMENT.— 

23 ‘‘(1) DEPLOYMENT.—Not later than September 

24 30, 2006, the Undersecretary for Border and Trans25 portation Security shall deploy radiation detection 

26 portal equipment at all United States seaports, other 
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1 United States ports of entry, and major facilities as 

2 determined by the Undersecretary. 

3 ‘‘(2) REPORT.—Not later than December 31, 

4 2005, the Undersecretary shall submit to the appro5 priate congressional committees a report on the im6 plementation of the requirement under paragraph 

7 (1). 

8 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— 

9 There are authorized to be appropriated to the Un10 dersecretary $217,000,000 for fiscal year 2006 to 

11 carry out this subsection. 

12 ‘‘(b) INTEGRATED CARGO INSPECTION SYSTEM.— 

13 ‘‘(1) PLAN.—The Undersecretary for Border 

14 and Transportation Security shall develop a plan to 

15 integrate radiation detection portal equipment with 

16 gamma-ray inspection technology equipment at 

17 United States seaports and foreign seaports that are 

18 participating the Container Security Initiative in 

19 order to facilitate the detection of nuclear weapons 

20 in maritime cargo containers. Such plan shall in21 clude methods for automatic identification of con22 tainers and vehicles for inspection in a timely man23 ner and a data sharing network capable of transmit24 ting gamma-ray images and cargo data among rel-
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1 evant ports and the National Targeting Center of 

2 the Bureau of Customs and Border Protection. 

3 ‘‘(2) REPORT.—Not later than 180 days after 

4 the date of enactment of the Targeting Terrorists 

5 More Effectively Act of 2005, the Undersecretary 

6 for Border and Transportation Security shall pre7 pare and submit to the appropriate congressional 

8 committees a report that contains— 

9 ‘‘(A) a description of the plan developed 

10 under paragraph (1), including any infrastruc11 ture improvements required at the seaports in12 volved; 

13 ‘‘(B) an estimate of the costs associated 

14 with implementation of the plan; and 

15 ‘‘(C) an estimate of the timeframe for im16 plementation of the plan.’’. 

17 SEC. 324. ACCELERATION OF THE MEGAPORTS INITIATIVE. 

18 (a) DEPLOYMENT.—Not later than September 30, 

19 2007, the Administrator of the National Nuclear Security 

20 Administration shall— 

21 (1) complete agreements under the Megaports 

22 Initiative of the Office of International Material Pro23 tection and Cooperation with each country that pos24 sesses one or more of the world’s twenty largest sea-
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1 ports, as defined by volume of maritime cargo traf2 fic; and 

3 (2) deploy radiation portal monitoring equip4 ment to each seaport operating under an agreement 

5 described in subsection (a)(1). 

6 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

7 are authorized to be appropriated to the Administrator 

8 such funds as are necessary to carry out the provisions 

9 of this section. 

10 SEC. 325. TANKER SECURITY INITIATIVE. 

11 (a) ESTABLISHMENT.—The Secretary of Homeland 

12 Security shall establish a Tanker Security Initiative to 

13 promulgate and enforce standards and carry out activities 

14 to ensure that tanker vessels that transport oil, natural 

15 gas, or other materials are not used by terrorists or as 

16 carriers of weapons of mass destruction. 

17 (b) ELEMENTS.—To carry out the Tanker Security 

18 Initiative the Secretary of Homeland Security may— 

19 (1) develop physical standards intended to pre20 vent terrorists from placing a weapon of mass de21 struction in or on a tanker vessel without detection; 

22 (2) develop detection equipment, and prescribe 

23 the use of such equipment, to be employed on a 

24 tanker vessel that is bound for a United States port 

25 of entry; 
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1 (3) develop new security inspection procedures 

2 required to be carried out on a tanker vessel at a 

3 foreign port of embarkation, on the high seas, or in 

4 United States waters prior to the arrival of such 

5 tanker at a United States port of entry; 

6 (4) carry out research and development of sens7 ing devices to detect any nuclear device that is 

8 placed in or on a tanker vessel; and 

9 (5) provide assistance to a foreign country to 

10 assist such country in carrying out any provisions of 

11 the Tanker Security Initiative. 

12 (c) REPORT.—Not later than 180 days after the date 

13 of enactment of this Act, the Secretary of Homeland Secu14 rity shall submit to Congress a report that includes— 

15 (1) a description of the terrorism risks posed by 

16 tanker vessels; 

17 (2) the elements of the Tanker Security Initia18 tive developed to combat such risks; 

19 (3) a proposed budget describing the resources 

20 needed to carry out the Tanker Security Initiative 

21 during the 3-year period beginning on the date of 

22 enactment of this Act; and 

23 (4) any proposal for legislation that the Sec24 retary determines would address effectively such 

25 risks. 
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1 Subtitle D—First Responders 

2 SEC. 331. FINDINGS. 

3 Congress makes the following findings: 

4 (1) In a report entitled ‘‘Emergency First Re5 sponders: Drastically Underfunded, Dangerously 

6 Unprepared’’, an independent task force sponsored 

7 by the Council on Foreign Relations found that 

8 ‘‘America’s local emergency responders will always 

9 be the first to confront a terrorist incident and will 

10 play the central role in managing its immediate con11 sequences. Their efforts in the first minutes and 

12 hours following an attack will be critical to saving 

13 lives, establishing order, and preventing mass panic. 

14 The United States has both a responsibility and a 

15 critical need to provide them with the equipment, 

16 training, and other resources necessary to do their 

17 jobs safely and effectively.’’. 

18 (2) The task force further concluded that many 

19 state and local emergency responders, including po20 lice officers and firefighters, lack the equipment and 

21 training needed to respond effectively to a terrorist 

22 attack involving weapons of mass destruction. 

23 (3) The Federal Government has a responsi24 bility to ensure that the people of the United States 

25 are protected to the greatest possible extent against 
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1 a terrorist attack, especially an attack that utilizes 

2 nuclear, chemical, biological, or radiological weapons, 

3 and consequently, the Federal Government has a 

4 critical responsibility to address the equipment, 

5 training, and other needs of State and local first re6 sponders. 

7 SEC. 332. RESTORATION OF JUSTICE ASSISTANCE FUND8 ING. 

9 (a) FINDINGS.—Congress makes the following find10 ings: 

11 (1) State and local police officers, firefighters, 

12 and emergency responders play an essential role in 

13 the efforts of the United States to prevent terrorist 

14 attacks and, if an attack occurred, to address the ef15 fects of the attack. 

16 (2) An independent task force has concluded 

17 that hundreds of local police offices and firefighting 

18 and emergency response units throughout the 

19 United States are unprepared for responding to a 

20 terrorist attack involving nuclear, chemical, biologi21 cal, or radiological weapons. 

22 (3) The Edward Byrne Memorial Justice As23 sistance Grant Program provides critical Federal 

24 support for personnel, equipment, training, and 
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1 technical assistance for the homeland security re2 sponsibilities of local law enforcement offices. 

3 (4) The Consolidated Appropriations Act, 2005 

4 (Public Law 108–447) appropriated funding for the 

5 Edward Byrne Memorial Justice Assistance Grant 

6 Program, a program that resulted from the com7 bination of the Edward Byrne Memorial Grant Pro8 gram and the Local Law Enforcement Block Grant 

9 Program. 

10 (5) Funding for the Edward Byrne Memorial 

11 Justice Assistance Grant Program, as provided in 

12 the Consolidated Appropriations Act, 2005, has been 

13 reduced by nearly 50 percent since fiscal year 2002. 

14 (b) SENSE OF CONGRESS.—It is the sense of Con15 gress that the President should request in the annual 

16 budget proposal, and Congress should appropriate, the full 

17 amount authorized to be appropriated in subsection (c). 

18 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

19 are authorized to be appropriated for the Edward Byrne 

20 Memorial Justice Assistance Grant Program— 

21 (1) for fiscal year 2006, $1,250,000,000; 

22 (2) for fiscal year 2007, $1,400,000,000; and 

23 (3) for fiscal year 2008, $1,600,000,000. 
80 

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1 SEC. 333. PROVIDING RELIABLE OFFICERS, TECHNOLOGY, 

2 EDUCATION, COMMUNITY PROSECUTORS, 

3 AND TRAINING IN OUR NEIGHBORHOOD INI4 TIATIVE. 

5 (a) COPS PROGRAM.—Section 1701(a) of title I of 

6 the Omnibus Crime Control and Safe Streets Act of 1968 

7 (42 U.S.C. 3796dd(a)) is amended by— 

8 (1) inserting ‘‘and prosecutor’’ after ‘‘increase 

9 police’’; and 

10 (2) inserting ‘‘to enhance law enforcement ac11 cess to new technologies, and’’ after ‘‘presence,’’. 

12 (b) HIRING AND REDEPLOYMENT GRANT

13 PROJECTS.—Section 1701(b) of title I of the Omnibus 

14 Crime Control and Safe Streets Act of 1968 (42 U.S.C. 

15 3796dd(b)) is amended— 

16 (1) in paragraph (1)— 

17 (A) in subparagraph (B)— 

18 (i) by inserting after ‘‘Nation’’ the fol19 lowing: ‘‘, or pay overtime to existing ca20 reer law enforcement officers to the extent 

21 that such overtime is devoted to commu22 nity policing efforts’’; and 

23 (ii) by striking ‘‘and’’ at the end; 

24 (B) in subparagraph (C), by— 

25 (i) striking ‘‘or pay overtime’’; and 
81 

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1 (ii) striking the period at the end and 

2 inserting ‘‘; and’’; and 

3 (C) by adding at the end the following: 

4 ‘‘(D) promote higher education among in5 service State and local law enforcement officers 

6 by reimbursing them for the costs associated 

7 with seeking a college or graduate school edu8 cation.’’; and 

9 (2) in paragraph (2) by striking all that follows 

10 ‘‘SUPPORT SYSTEMS.—’’ and inserting ‘‘Grants pur11 suant to— 

12 ‘‘(A) paragraph (1)(B) for overtime may 

13 not exceed 25 percent of the funds available for 

14 grants pursuant to this subsection for any fiscal 

15 year; 

16 ‘‘(B) paragraph (1)(C) may not exceed 20 

17 percent of the funds available for grants pursu18 ant to this subsection in any fiscal year; and 

19 ‘‘(C) paragraph (1)(D) may not exceed 5 

20 percent of the funds available for grants pursu21 ant to this subsection for any fiscal year.’’. 

22 (c) ADDITIONAL GRANT PROJECTS.—Section 

23 1701(d) of title I of the Omnibus Crime Control and Safe 

24 Streets Act of 1968 (42 U.S.C. 3796dd(d)) is amended— 

25 (1) in paragraph (2)— 
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1 (A) by inserting ‘‘integrity and ethics’’ 

2 after ‘‘specialized’’; and 

3 (B) by inserting ‘‘and’’ after ‘‘enforcement 

4 officers’’; 

5 (2) in paragraph (7) by inserting ‘‘school offi6 cials, religiously-affiliated organizations,’’ after ‘‘en7 forcement officers’’; 

8 (3) by striking paragraph (8) and inserting the 

9 following: 

10 ‘‘(8) establish school-based partnerships be11 tween local law enforcement agencies and local 

12 school systems, by using school resource officers who 

13 operate in and around elementary and secondary 

14 schools to serve as a law enforcement liaison with 

15 other Federal, State, and local law enforcement and 

16 regulatory agencies, combat school-related crime and 

17 disorder problems, gang membership and criminal 

18 activity, firearms and explosives-related incidents, il19 legal use and possession of alcohol, and the illegal 

20 possession, use, and distribution of drugs;’’; 

21 (4) in paragraph (10) by striking ‘‘and’’ at the 

22 end; 

23 (5) in paragraph (11) by striking the period 

24 that appears at the end and inserting ‘‘; and’’; and 

25 (6) by adding at the end the following: 
83 

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1 ‘‘(12) develop and implement innovative pro2 grams (such as the TRIAD program) that bring to3 gether a community’s sheriff, chief of police, and el4 derly residents to address the public safety concerns 

5 of older citizens.’’. 

6 (d) TECHNICAL ASSISTANCE.—Section 1701(f) of 

7 title I of the Omnibus Crime Control and Safe Streets Act 

8 of 1968 (42 U.S.C. 3796dd(f)) is amended— 

9 (1) in paragraph (1)— 

10 (A) by inserting ‘‘use up to 5 percent of 

11 the funds appropriated under subsection (a) to’’ 

12 after ‘‘The Attorney General may’’; 

13 (B) by inserting at the end the following: 

14 ‘‘In addition, the Attorney General may use up 

15 to 5 percent of the funds appropriated under 

16 subsections (d), (e), and (f) for technical assist17 ance and training to States, units of local gov18 ernment, Indian tribal governments, and to 

19 other public and private entities for those re20 spective purposes.’’; 

21 (2) in paragraph (2) by inserting ‘‘under sub22 section (a)’’ after ‘‘the Attorney General’’; and 

23 (3) in paragraph (3)— 
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1 (A) by striking ‘‘the Attorney General 

2 may’’ and inserting ‘‘the Attorney General 

3 shall’’; 

4 (B) by inserting ‘‘regional community po5 licing institutes’’ after ‘‘operation of’’; and 

6 (C) by inserting ‘‘representatives of police 

7 labor and management organizations, commu8 nity residents,’’ after ‘‘supervisors,’’. 

9 (e) TECHNOLOGY AND PROSECUTION PROGRAMS.— 

10 Section 1701 of title I of the Omnibus Crime Control and 

11 Safe Streets Act of 1968 (42 U.S.C. 3796dd) is amended 

12 by— 

13 (1) striking subsection (k); 

14 (2) redesignating subsections (f) through (j) as 

15 subsections (g) through (k); and 

16 (3) striking subsection (e) and inserting the fol17 lowing: 

18 ‘‘(e) LAW ENFORCEMENT TECHNOLOGY PROGRAM.— 

19 Grants made under subsection (a) may be used to assist 

20 police departments, in employing professional, scientific, 

21 and technological advancements that will help them— 

22 ‘‘(1) improve police communications through 

23 the use of wireless communications, computers, soft24 ware, videocams, databases and other hardware and 

25 software that allow law enforcement agencies to 
85 

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1 communicate more effectively across jurisdictional 

2 boundaries and effectuate interoperability; 

3 ‘‘(2) develop and improve access to crime solv4 ing technologies, including DNA analysis, photo en5 hancement, voice recognition, and other forensic ca6 pabilities; and 

7 ‘‘(3) promote comprehensive crime analysis by 

8 utilizing new techniques and technologies, such as 

9 crime mapping, that allow law enforcement agencies 

10 to use real-time crime and arrest data and other re11 lated information—including non-criminal justice 

12 data—to improve their ability to analyze, predict, 

13 and respond pro-actively to local crime and disorder 

14 problems, as well as to engage in regional crime 

15 analysis. 

16 ‘‘(f) COMMUNITY-BASED PROSECUTION PROGRAM.— 

17 Grants made under subsection (a) may be used to assist 

18 State, local or tribal prosecutors’ offices in the implemen19 tation of community-based prosecution programs that 

20 build on local community policing efforts. Funds made 

21 available under this subsection may be used to— 

22 ‘‘(1) hire additional prosecutors who will be as23 signed to community prosecution programs, includ24 ing programs that assign prosecutors to handle cases 

25 from specific geographic areas, to address specific 
86 

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1 violent crime and other local crime problems (includ2 ing intensive illegal gang, gun and drug enforcement 

3 projects and quality of life initiatives), and to ad4 dress localized violent and other crime problems 

5 based on needs identified by local law enforcement 

6 agencies, community organizations, and others; 

7 ‘‘(2) redeploy existing prosecutors to community 

8 prosecution programs as described in paragraph (1) 

9 of this section by hiring victim and witness coordina10 tors, paralegals, community outreach, and other 

11 such personnel; and 

12 ‘‘(3) establish programs to assist local prosecu13 tors’ offices in the implementation of programs that 

14 help them identify and respond to priority crime 

15 problems in a community with specifically tailored 

16 solutions. 

17 At least 75 percent of the funds made available under this 

18 subsection shall be reserved for grants under paragraphs 

19 (1) and (2) and of those amounts no more than 10 percent 

20 may be used for grants under paragraph (2) and at least 

21 25 percent of the funds shall be reserved for grants under 

22 paragraphs (1) and (2) to units of local government with 

23 a population of less than 50,000.’’. 

24 (f) RETENTION GRANTS.—Section 1703 of title I of 

25 the Omnibus Crime Control and Safe Streets Act of 1968 
87 

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1 (42 U.S.C. 3796dd–2) is amended by inserting at the end 

2 the following: 

3 ‘‘(d) RETENTION GRANTS.—The Attorney General 

4 may use no more than 50 percent of the funds under sub5 section (a) to award grants targeted specifically for reten6 tion of police officers to grantees in good standing, with 

7 preference to those that demonstrate financial hardship or 

8 severe budget constraint that impacts the entire local 

9 budget and may result in the termination of employment 

10 for police officers funded under subsection (b)(1).’’. 

11 (g) DEFINITIONS.— 

12 (1) CAREER LAW ENFORCEMENT OFFICER.— 

13 Section 1709(1) of title I of the Omnibus Crime 

14 Control and Safe Streets Act of 1968 (42 U.S.C. 

15 3796dd–8) is amended by inserting after ‘‘criminal 

16 laws’’ the following: ‘‘including sheriffs deputies 

17 charged with supervising offenders who are released 

18 into the community but also engaged in local com19 munity policing efforts.’’. 

20 (2) SCHOOL RESOURCE OFFICER.—Section 

21 1709(4) of title I of the Omnibus Crime Control and 

22 Safe Streets Act of 1968 (42 U.S.C. 3796dd–8) is 

23 amended— 

24 (A) by striking subparagraph (A) and in25 serting the following: 
88 

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1 ‘‘(A) to serve as a law enforcement liaison 

2 with other Federal, State, and local law en3 forcement and regulatory agencies, to address 

4 and document crime and disorder problems in5 cluding gangs and drug activities, firearms and 

6 explosives-related incidents, and the illegal use 

7 and possession of alcohol affecting or occurring 

8 in or around an elementary or secondary 

9 school;’’; 

10 (B) by striking subparagraph (E) and in11 serting the following: 

12 ‘‘(E) to train students in conflict resolu13 tion, restorative justice, and crime awareness, 

14 and to provide assistance to and coordinate 

15 with other officers, mental health professionals, 

16 and youth counselors who are responsible for 

17 the implementation of prevention/intervention 

18 programs within the schools;’’; and 

19 (C) by adding at the end the following: 

20 ‘‘(H) to work with school administrators, 

21 members of the local parent teacher associa22 tions, community organizers, law enforcement, 

23 fire departments, and emergency medical per24 sonnel in the creation, review, and implementa25 tion of a school violence prevention plan; 
89 

•S 12 IS1S 

1 ‘‘(I) to assist in documenting the full de2 scription of all firearms found or taken into 

3 custody on school property and to initiate a 

4 firearms trace and ballistics examination for 

5 each firearm with the local office of the Bureau 

6 of Alcohol, Tobacco, and Firearms; 

7 ‘‘(J) to document the full description of all 

8 explosives or explosive devices found or taken 

9 into custody on school property and report to 

10 the local office of the Bureau of Alcohol, To11 bacco, and Firearms; and 

12 ‘‘(K) to assist school administrators with 

13 the preparation of the Department of Edu14 cation, Annual Report on State Implementation 

15 of the Gun-Free Schools Act which tracks the 

16 number of students expelled per year for bring17 ing a weapon, firearm, or explosive to school.’’. 

18 (h) AUTHORIZATION OF APPROPRIATIONS.—Section 

19 1001(a)(11) of title I of the Omnibus Crime Control and 

20 Safe Streets Act of 1968 (42 U.S.C. 3793(a)(11)) is 

21 amended— 

22 (1) by amending subparagraph (A) to read as 

23 follows: 
90 

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1 ‘‘(A) There are authorized to be appro2 priated to carry out part Q, to remain available 

3 until expended— 

4 ‘‘(i) $1,150,000,000 for fiscal year 

5 2006; 

6 ‘‘(ii) $1,150,000,000 for fiscal year 

7 2007; 

8 ‘‘(iii) $1,150,000,000 for fiscal year 

9 2008; 

10 ‘‘(iv) $1,150,000,000 for fiscal year 

11 2009; 

12 ‘‘(v) $1,150,000,000 for fiscal year 

13 2010; and 

14 ‘‘(vi) $1,150,000,000 for fiscal year 

15 2011.’’; and 

16 (2) in subparagraph (B)— 

17 (A) by striking ‘‘3 percent’’ and inserting 

18 ‘‘5 percent’’; 

19 (B) by striking ‘‘1701(f)’’ and inserting 

20 ‘‘1701(g)’’; 

21 (C) by striking the second sentence and in22 serting ‘‘Of the remaining funds, if there is a 

23 demand for 50 percent of appropriated hiring 

24 funds, as determined by eligible hiring applica25 tions from law enforcement agencies having ju-
91 

•S 12 IS1S 

1 risdiction over areas with populations exceeding 

2 150,000, no less than 50 percent shall be allo3 cated for grants pursuant to applications sub4 mitted by units of local government or law en5 forcement agencies having jurisdiction over 

6 areas with populations exceeding 150,000 or by 

7 public and private entities that serve areas with 

8 populations exceeding 150,000, and no less 

9 than 50 percent shall be allocated for grants 

10 pursuant to applications submitted by units of 

11 local government or law enforcement agencies 

12 having jurisdiction over areas with populations 

13 less than 150,000 or by public and private enti14 ties that serve areas with populations less than 

15 150,000.’’; 

16 (D) by striking ‘‘85 percent’’ and inserting 

17 ‘‘$600,000,000’’; and 

18 (E) by striking ‘‘1701(b),’’ and all that fol19 lows through ‘‘of part Q’’ and inserting the fol20 lowing: ‘‘1701 (b) and (c), $350,000,000 to 

21 grants for the purposes specified in section 

22 1701(e), and $200,000,000 to grants for the 

23 purposes specified in section 1701(f).’’. 
92 

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1 SEC. 334. FIRST RESPONDERS ANTI-TERRORISM PARTNER2 SHIP. 

3 (a) DEFINITIONS.—In this section: 

4 (1) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

5 has the same meaning as in section 4(e) of the In6 dian Self-Determination and Education Assistance 

7 Act (25 U.S.C. 450b(e)). 

8 (2) LAW ENFORCEMENT OFFICER.—The term 

9 ‘‘law enforcement officer’’ means any officer, agent, 

10 or employee of a State, unit of local government, 

11 public or private college or university, or Indian 

12 tribe authorized by law or by a government agency 

13 to engage in or supervise the prevention, detection, 

14 or investigation of any violation of criminal law, or 

15 authorized by law to supervise sentenced criminal of16 fenders. 

17 (3) PUBLIC SAFETY OFFICER.—The term ‘‘pub18 lic safety officer’’ means any person serving a public 

19 or private agency with or without compensation as 

20 a law enforcement officer, as a firefighter, or as a 

21 member of a rescue squad or ambulance crew. 

22 (4) SECRETARY.—The term ‘‘Secretary’’ means 

23 the Secretary of Homeland Security. 

24 (5) STATE.—The term ‘‘State’’ means each of 

25 the 50 States, the District of Columbia, and the 

26 Commonwealth of Puerto Rico. 
93 

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1 (6) UNIT OF LOCAL GOVERNMENT.—The term 

2 ‘‘unit of local government’’ means a county, munici3 pality, town, township, village, parish, borough, or 

4 other unit of general government below the State 

5 level. 

6 (b) FIRST RESPONDERS PARTNERSHIP GRANT PRO7 GRAM FOR PUBLIC SAFETY OFFICERS.— 

8 (1) IN GENERAL.—The Secretary is authorized 

9 to make grants to States, units of local government, 

10 and Indian tribes to support public safety officers in 

11 their efforts to protect homeland security and pre12 vent and respond to acts of terrorism. 

13 (2) USE OF FUNDS.—Grants awarded under 

14 this section shall be— 

15 (A) distributed directly to the State, unit 

16 of local government, or Indian tribe; and 

17 (B) used to fund overtime expenses, equip18 ment, training, and facilities to support public 

19 safety officers in their efforts to protect home20 land security and prevent and respond to acts 

21 of terrorism. 

22 (3) ALLOCATION AND DISTRIBUTION OF

23 FUNDS.— 

24 (A) SET-ASIDE FOR INDIAN TRIBES.— 
94 

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1 (i) IN GENERAL.—The Secretary shall 

2 reserve 1 percent of the amount appro3 priated for grants pursuant to this section 

4 to be used for grants to Indian tribes. 

5 (ii) SELECTION OF INDIAN TRIBES.— 

6 (I) IN GENERAL.—The Secretary 

7 shall award grants under this para8 graph to Indian tribes on the basis of 

9 a competition conducted pursuant to 

10 specific criteria. 

11 (II) RULEMAKING.—The criteria 

12 under subclause (I) shall be contained 

13 in a regulation promulgated by the 

14 Secretary after notice and public com15 ment. 

16 (B) SET-ASIDE FOR RURAL STATES.— 

17 (i) IN GENERAL.—The Secretary shall 

18 reserve 5 percent of the amount appro19 priated for grants pursuant to this section 

20 to be used for grants to rural States. 

21 (ii) SELECTION OF RURAL STATES.— 

22 The Secretary shall award grants under 

23 this subparagraph to rural States (as de24 fined in section 1501(b) of the Omnibus 
95 

•S 12 IS1S 

1 Crime Control and Safe Streets Act of 

2 1968 (42 U.S.C. 3796bb(b))). 

3 (C) MINIMUM AMOUNT.—The Secretary 

4 shall allocate, from the total amount appro5 priated for grants to States under this sub6 section— 

7 (i) not less than 0.75 percent for each 

8 State; and 

9 (ii) not less than 0.25 percent for 

10 American Samoa, Guam, the Northern 

11 Mariana Islands, and the United States 

12 Virgin Islands, respectively. 

13 (D) ALLOCATION TO METROPOLITAN CIT14 IES AND URBAN COUNTIES.—The balance of the 

15 total amount appropriated for grants to States 

16 under this subsection after allocations have 

17 been made to Indian tribes, rural States, and 

18 the minimum amount to each State pursuant to 

19 subparagraphs (A) through (C), shall be allo20 cated by the Secretary to metropolitan cities 

21 and urban counties pursuant to subparagraphs 

22 (E) and (F). 

23 (E) COMPUTATION OF AMOUNT ALLO24 CATED TO METROPOLITAN CITIES.— 
96 

•S 12 IS1S 

1 (i) COMPUTATION RATIOS.—The Sec2 retary shall determine the amount to be al3 located to each metropolitan city, which 

4 shall bear the same ratio to the allocation 

5 for all metropolitan cities as the weighted 

6 average of— 

7 (I) the population of the metro8 politan city divided by the population 

9 of all metropolitan cities; 

10 (II) the potential chemical secu11 rity risk of the metropolitan city di12 vided by the potential chemical secu13 rity risk of all metropolitan cities; 

14 (III) the proximity of the metro15 politan city to the nearest operating 

16 nuclear power plant compared to the 

17 proximity of all metropolitan cities to 

18 the nearest operating nuclear power 

19 plant to each such city; 

20 (IV) the proximity of the metro21 politan cities to the nearest United 

22 States land or water port compared 

23 with the proximity of all metropolitan 

24 cities to the nearest United States 

25 land or water port to each such city; 
97 

•S 12 IS1S 

1 (V) the proximity of the metro2 politan city to the nearest inter3 national border compared with the 

4 proximity of all metropolitan cities to 

5 the nearest international border to 

6 each such city; and 

7 (VI) the proximity of the metro8 politan city to the nearest Disaster 

9 Medical Assistance Team (referred to 

10 in this subsection as ‘‘DMAT’’) com11 pared with the proximity of all metro12 politan cities to the nearest DMAT to 

13 each such city. 

14 (ii) CLARIFICATION OF COMPUTATION

15 RATIOS.— 

16 (I) RELATIVE WEIGHT OF FAC17 TOR.—In determining the average of 

18 the ratios under clause (i), the ratio 

19 involving population shall constitute 

20 50 percent of the formula in calcu21 lating the allocation and the remain22 ing factors shall be equally weighted. 

23 (II) POTENTIAL CHEMICAL SECU24 RITY RISK.—If a metropolitan city is 

25 within the vulnerable zone of a worst- 
98 

•S 12 IS1S 

1 case chemical release (as specified in 

2 the most recent risk management 

3 plans filed with the Environmental 

4 Protection Agency, or another instru5 ment developed by the Environmental 

6 Protection Agency or the Homeland 

7 Security Department that captures 

8 the same information for the same fa9 cilities), the ratio under clause (i)(II) 

10 shall be 1 divided by the total number 

11 of metropolitan cities that are within 

12 such a zone. 

13 (III) PROXIMITY AS IT PERTAINS

14 TO NUCLEAR SECURITY.—If a metro15 politan city is located within 50 miles 

16 of an operating nuclear power plant 

17 (as identified by the Nuclear Regu18 latory Commission), the ratio under 

19 clause (i)(III) shall be 1 divided by 

20 the total number of metropolitan cit21 ies, not to exceed 100, which are lo22 cated within 50 miles of an operating 

23 nuclear power plant. 

24 (IV) PROXIMITY AS IT PERTAINS

25 TO PORT SECURITY.—If a metropoli-
99 

•S 12 IS1S 

1 tan city is located within 50 miles of 

2 1 of the 100 largest United States 

3 ports (as stated by the Department of 

4 Transportation, Bureau of Transpor5 tation Statistics, United States Port 

6 Report by All Land Modes), or within 

7 50 miles of 1 of the 30 largest United 

8 States water ports by metric tons and 

9 value (as stated by the Department of 

10 Transportation, Maritime Administra11 tion, United States Foreign Water12 borne Transportation Statistics), the 

13 ratio under clause (i)(IV) shall be 1 

14 divided by the total number of metro15 politan cities that are located within 

16 50 miles of a United States land or 

17 water port. 

18 (V) PROXIMITY TO INTER19 NATIONAL BORDER.—If a metropoli20 tan city is located within 50 miles of 

21 an international border, the ratio 

22 under clause (i)(V) shall be 1 divided 

23 by the total number of metropolitan 

24 cities that are located within 50 miles 

25 of an international border. 
100 

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1 (VI) PROXIMITY TO DISASTER

2 MEDICAL ASSISTANCE TEAM.—If a 

3 metropolitan city is located within 50 

4 miles of a DMAT, as organized by the 

5 National Disaster Medical System, the 

6 ratio under clause (i)(VI) shall be 1 

7 divided by the total number of metro8 politan cities that are located within 

9 50 miles of a DMAT. 

10 (F) COMPUTATION OF AMOUNT ALLO11 CATED TO URBAN COUNTIES.— 

12 (i) COMPUTATION RATIOS.—The Sec13 retary shall determine the amount to be al14 located to each urban county, which shall 

15 bear the same ratio to the allocation for all 

16 urban counties as the weighted average 

17 of— 

18 (I) the population of the urban 

19 county divided by the population of all 

20 urban counties; 

21 (II) the potential chemical secu22 rity risk of the urban county divided 

23 by the potential chemical security risk 

24 of all urban counties; 
101 

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1 (III) the proximity of the urban 

2 county to the nearest operating nu3 clear power plant compared to the 

4 proximity of all urban counties to the 

5 nearest operating nuclear power plant 

6 to each such county; 

7 (IV) the proximity of the urban 

8 counties to the nearest United States 

9 land or water port compared with the 

10 proximity of all urban counties to the 

11 nearest United States land or water 

12 port to each such county; 

13 (V) the proximity of the urban 

14 county to the nearest international 

15 border compared with the proximity of 

16 all urban counties to the nearest 

17 international border to each such 

18 county; and 

19 (VI) the proximity of the urban 

20 county to the nearest Disaster Med21 ical Assistance Team compared with 

22 the proximity of all urban counties to 

23 the nearest DMAT to each such coun24 ty. 
102 

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1 (ii) CLARIFICATION OF COMPUTATION

2 RATIOS.— 

3 (I) RELATIVE WEIGHT OF FAC4 TOR.—In determining the average of 

5 the ratios under clause (i), the ratio 

6 involving population shall constitute 

7 50 percent of the formula in calcu8 lating the allocation and the remain9 ing factors shall be equally weighted. 

10 (II) POTENTIAL CHEMICAL SECU11 RITY RISK.—If an urban county is 

12 within the vulnerable zone of a worst13 case chemical release (as specified in 

14 the most recent risk management 

15 plans filed with the Environmental 

16 Protection Agency, or another instru17 ment developed by the Environmental 

18 Protection Agency or the Homeland 

19 Security Department that captures 

20 the same information for the same fa21 cilities), the ratio under clause (i)(II) 

22 shall be 1 divided by the total number 

23 of urban counties that are within such 

24 a zone. 
103 

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1 (III) PROXIMITY AS IT PERTAINS

2 TO NUCLEAR SECURITY.—If an urban 

3 county is located within 50 miles of 

4 an operating nuclear power plant (as 

5 identified by the Nuclear Regulatory 

6 Commission), the ratio under clause 

7 (i)(III) shall be 1 divided by the total 

8 number of urban counties, not to ex9 ceed 100, which are located within 50 

10 miles of an operating nuclear power 

11 plant. 

12 (IV) PROXIMITY AS IT PERTAINS

13 TO PORT SECURITY.—If an urban 

14 county is located within 50 miles of 1 

15 of the 100 largest United States ports 

16 (as stated by the Department of 

17 Transportation, Bureau of Transpor18 tation Statistics, United States Port 

19 Report by All Land Modes), or within 

20 50 miles of 1 of the 30 largest United 

21 States water ports by metric tons and 

22 value (as stated by the Department of 

23 Transportation, Maritime Administra24 tion, United States Foreign Water25 borne Transportation Statistics), the 
104 

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1 ratio under clause (i)(IV) shall be 1 

2 divided by the total number of urban 

3 counties that are located within 50 

4 miles of a United States land or water 

5 port. 

6 (V) PROXIMITY TO INTER7 NATIONAL BORDER.—If an urban 

8 county is located within 50 miles of 

9 an international border, the ratio 

10 under clause (i)(V) shall be 1 divided 

11 by the total number of urban counties 

12 that are located within 50 miles of an 

13 international border. 

14 (VI) PROXIMITY TO DISASTER

15 MEDICAL ASSISTANCE TEAM.—If an 

16 urban county is located within 50 

17 miles of a DMAT, as organized by the 

18 National Disaster Medical System, the 

19 ratio under clause (i)(VI) shall be 1 

20 divided by the total number of urban 

21 counties that are located within 50 

22 miles of a DMAT. 

23 (G) EXCLUSIONS.— 

24 (i) IN GENERAL.—In computing 

25 amounts or exclusions under subparagraph 
105 

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1 (F) with respect to any urban county, 

2 units of general local government located 

3 in the county shall be excluded if the popu4 lations of such units are not counted to de5 termine the eligibility of the urban county 

6 to receive a grant under this paragraph. 

7 (ii) INDEPENDENT CITIES.— 

8 (I) IN GENERAL.—In computing 

9 amounts under clause (i), there shall 

10 be included any independent city (as 

11 defined by the Bureau of the Census) 

12 which— 

13 (aa) is not part of any coun14 ty; 

15 (bb) is not eligible for a 

16 grant; 

17 (cc) is contiguous to the 

18 urban county; 

19 (dd) has entered into co20 operation agreements with the 

21 urban county which provide that 

22 the urban county is to undertake 

23 or to assist in the undertaking of 

24 essential community development 

25 and housing assistance activities 
106 

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1 with respect to such independent 

2 city; and 

3 (ee) is not included as a 

4 part of any other unit of general 

5 local government for purposes of 

6 this section. 

7 (II) LIMITATION.—Any inde8 pendent city that is included in the 

9 computation under subclause (I) shall 

10 not be eligible to receive assistance 

11 under this paragraph for the fiscal 

12 year for which such computation is 

13 used to allocate such assistance. 

14 (H) INCLUSION.— 

15 (i) LOCAL GOVERNMENT STRADDLING

16 COUNTY LINE.—In computing amounts or 

17 exclusions under subparagraph (F) with 

18 respect to any urban county, all of the area 

19 of any unit of local government shall be in20 cluded, which is part of, but is not located 

21 entirely within the boundaries of, such 

22 urban county if— 

23 (I) the part of such unit of local 

24 government that is within the bound25 aries of such urban county would oth-
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1 erwise be included in computing the 

2 amount for such urban county under 

3 this subsection; and 

4 (II) the part of such unit of local 

5 government that is not within the 

6 boundaries of such urban county is 

7 not included as a part of any other 

8 unit of local government for the pur9 pose of this subsection. 

10 (ii) USE OF GRANT FUNDS OUTSIDE

11 URBAN COUNTY.—Any amount received 

12 under this section by an urban county de13 scribed under clause (i) may be used with 

14 respect to the part of such unit of local 

15 government that is outside the boundaries 

16 of such urban county. 

17 (I) POPULATION.— 

18 (i) EFFECT OF CONSOLIDATION.— 

19 Where data are available, the amount to be 

20 allocated to a metropolitan city that has 

21 been formed by the consolidation of 1 or 

22 more metropolitan cities within an urban 

23 county shall be equal to the sum of the 

24 amounts that would have been allocated to 

25 the urban county or cities and the balance 
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1 of the consolidated government if such con2 solidation had not occurred. 

3 (ii) LIMITATION.—Clause (i) shall 

4 apply only to a consolidation that— 

5 (I) included all metropolitan cit6 ies that received grants under this 

7 section for the fiscal year preceding 

8 such consolidation and that were lo9 cated within the urban county; 

10 (II) included the entire urban 

11 county that received a grant under 

12 this section for the fiscal year pre13 ceding such consolidation; and 

14 (III) took place on or after Janu15 ary 1, 2005. 

16 (iii) GROWTH RATE.—The population 

17 growth rate of all metropolitan cities de18 fined in this section shall be based on the 

19 population of metropolitan cities other 

20 than consolidated governments the grant 

21 for which is determined under this para22 graph and cities that were metropolitan 

23 cities before their incorporation into con24 solidated governments. 

25 (4) MAXIMUM AMOUNT PER GRANTEE.— 
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1 (A) IN GENERAL.—A qualifying State, unit 

2 of local government, or Indian tribe may not re3 ceive more than 5 percent of the total amount 

4 appropriated for grants under this section. 

5 (B) AGGREGATE AMOUNT PER STATE.—A 

6 State, together with the grantees within the 

7 State, may not receive more than 20 percent of 

8 the total amount appropriated for grants under 

9 this section. 

10 (5) MATCHING FUNDS.— 

11 (A) IN GENERAL.—The portion of the 

12 costs of a program provided by a grant under 

13 paragraph (1) may not exceed 90 percent. 

14 (B) WAIVER.—If the Secretary determines 

15 that a grantee is experiencing fiscal hardship, 

16 the Secretary may waive, in whole or in part, 

17 the matching requirement under subparagraph 

18 (A). 

19 (C) EXCEPTION.—Any funds appropriated 

20 by Congress for the activities of any agency of 

21 an Indian tribal government or the Bureau of 

22 Indian Affairs performing law enforcement 

23 functions on any Indian lands may be used to 

24 provide the non-Federal share of a matching re25 quirement under subparagraph (A). 
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1 (c) APPLICATIONS.— 

2 (1) IN GENERAL.—To request a grant under 

3 this section, the chief executive of a State, unit of 

4 local government, or Indian tribe shall submit an ap5 plication to the Secretary in such form and con6 taining such information as the Secretary may rea7 sonably require. 

8 (2) REGULATIONS.—Not later than 90 days 

9 after the date of enactment of this Act, the Sec10 retary shall promulgate regulations to implement 

11 this subsection (including the information that must 

12 be included and the requirements that the States, 

13 units of local government, and Indian tribes must 

14 meet) in submitting the applications required under 

15 this subsection. 

16 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

17 are authorized to be appropriated $5,000,000,000 for fis18 cal year 2006 to carry out this section. 

19 TITLE IV—RAIL SECURITY 

20 SEC. 401. SHORT TITLE. 

21 This title may be cited as the ‘‘Rail Security Act of 

22 2005’’. 

23 SEC. 402. RAIL TRANSPORTATION SECURITY RISK ASSESS24 MENT. 

25 (a) IN GENERAL.— 
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1 (1) VULNERABILITY ASSESSMENT.—The Under 

2 Secretary of Homeland Security for Border and 

3 Transportation Security, in consultation with the 

4 Secretary of Transportation, shall complete a vulner5 ability assessment of freight and passenger rail 

6 transportation (encompassing railroads, as that term 

7 is defined in section 20102(1) of title 49, United 

8 States Code). The assessment shall include— 

9 (A) identification and evaluation of critical 

10 assets and infrastructures; 

11 (B) identification of threats to those assets 

12 and infrastructures; 

13 (C) identification of vulnerabilities that are 

14 specific to the transportation of hazardous ma15 terials via railroad; and 

16 (D) identification of security weaknesses in 

17 passenger and cargo security, transportation in18 frastructure, protection systems, procedural 

19 policies, communications systems, employee 

20 training, emergency response planning, and any 

21 other area identified by the assessment. 

22 (2) EXISTING PRIVATE AND PUBLIC SECTOR

23 EFFORTS.—The assessment shall take into account 

24 actions taken or planned by both public and private 
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1 entities to address identified security issues and as2 sess the effective integration of such actions. 

3 (3) RECOMMENDATIONS.—Based on the assess4 ment conducted under paragraph (1), the Under 

5 Secretary, in consultation with the Secretary of 

6 Transportation, shall develop prioritized rec7 ommendations for improving rail security, including 

8 any recommendations the Under Secretary has for— 

9 (A) improving the security of rail tunnels, 

10 rail bridges, rail switching and car storage 

11 areas, other rail infrastructure and facilities, in12 formation systems, and other areas identified 

13 by the Under Secretary as posing significant 

14 rail-related risks to public safety and the move15 ment of interstate commerce, taking into ac16 count the impact that any proposed security 

17 measure might have on the provision of rail 

18 service; 

19 (B) deploying equipment to detect explo20 sives and hazardous chemical, biological, and 

21 radioactive substances, and any appropriate 

22 countermeasures; 

23 (C) training employees in terrorism pre24 vention, passenger evacuation, and response ac25 tivities; 
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1 (D) conducting public outreach campaigns 

2 on passenger railroads; 

3 (E) deploying surveillance equipment; and 

4 (F) identifying the immediate and long5 term costs of measures that may be required to 

6 address those risks. 

7 (4) PLANS.—The report required by subsection 

8 (c) shall include— 

9 (A) a plan, developed in consultation with 

10 the freight and intercity passenger railroads, 

11 and State and local governments, for the gov12 ernment to provide increased security support 

13 at high or severe threat levels of alert; and 

14 (B) a plan for coordinating rail security 

15 initiatives undertaken by the public and private 

16 sectors. 

17 (b) CONSULTATION; USE OF EXISTING RE18 SOURCES.—In carrying out the assessment required by 

19 subsection (a), the Under Secretary of Homeland Security 

20 for Border and Transportation Security shall consult with 

21 rail management, rail labor, owners or lessors of rail cars 

22 used to transport hazardous materials, first responders, 

23 shippers of hazardous materials, public safety officials (in24 cluding those within other agencies and offices within the 
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1 Department of Homeland Security), and other relevant 

2 parties. 

3 (c) REPORT.— 

4 (1) CONTENTS.—Not later than 180 days after 

5 the date of enactment of this Act, the Under Sec6 retary of Homeland Security for Border and Trans7 portation Security shall submit to the Committee on 

8 Commerce, Science, and Transportation of the Sen9 ate and the Committee on Transportation and Infra10 structure of the House of Representatives a report 

11 containing the assessment and prioritized rec12 ommendations required by subsection (a) and an es13 timate of the cost to implement such recommenda14 tions. 

15 (2) FORMAT.—The Under Secretary may sub16 mit the report in both classified and redacted for17 mats if the Under Secretary determines that such 

18 action is appropriate or necessary. 

19 (d) 2-YEAR UPDATES.—The Under Secretary of 

20 Homeland Security for Border and Transportation Secu21 rity, in consultation with the Secretary of Transportation, 

22 shall update the assessment and recommendations every 

23 2 years and submit to the committees named in subsection 

24 (c)(1) a report, which may be submitted in both classified 
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1 and redacted formats, containing the updated assessment 

2 and recommendations. 

3 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

4 are authorized to be appropriated to the Under Secretary 

5 of Homeland Security for Border and Transportation Se6 curity $5,000,000 for fiscal year 2006 for the purpose of 

7 carrying out this section. 

8 SEC. 403. RAIL SECURITY. 

9 (a) RAIL POLICE OFFICERS.—Section 28101 of title 

10 49, United States Code, is amended by striking ‘‘the rail 

11 carrier’’ each place it appears and inserting ‘‘any rail car12 rier’’. 

13 (b) REVIEW OF RAIL REGULATIONS.—Not later than 

14 1 year after the date of enactment of this Act, the Sec15 retary of Transportation, in consultation with the Under 

16 Secretary of Homeland Security for Border and Transpor17 tation Security, shall review existing rail regulations of the 

18 Department of Transportation for the purpose of identi19 fying areas in which those regulations need to be revised 

20 to improve rail security. 

21 SEC. 404. STUDY OF FOREIGN RAIL TRANSPORT SECURITY 

22 PROGRAMS. 

23 (a) REQUIREMENT FOR STUDY.—Not later than 1 

24 year after the date of enactment of this Act, the Comp25 troller General shall complete a study of the rail passenger 
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1 transportation security programs that are carried out for 

2 rail transportation systems in Japan, member nations of 

3 the European Union, and other foreign countries. 

4 (b) PURPOSE.—The purpose of the study shall be to 

5 identify effective rail transportation security measures 

6 that are in use in foreign rail transportation systems, in7 cluding innovative measures and screening procedures de8 termined effective. 

9 (c) REPORT.—The Comptroller General shall submit 

10 a report on the results of the study to the Committee on 

11 Commerce, Science, and Transportation of the Senate and 

12 the Committee on Transportation and Infrastructure of 

13 the House of Representatives. The report shall include the 

14 Comptroller General’s assessment regarding whether it is 

15 feasible to implement within the United States any of the 

16 same or similar security measures that are determined ef17 fective under the study. 

18 SEC. 405. PASSENGER, BAGGAGE, AND CARGO SCREENING. 

19 (a) REQUIREMENT FOR STUDY AND REPORT.—The 

20 Under Secretary of Homeland Security for Border and 

21 Transportation Security, in cooperation with the Secretary 

22 of Transportation, shall— 

23 (1) analyze the cost and feasibility of requiring 

24 security screening for passengers, baggage, and 

25 cargo on passenger trains; and 
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1 (2) not later than 1 year after the date of en2 actment of this Act, report the results of the study, 

3 together with any recommendations that the Under 

4 Secretary may have for implementing a rail security 

5 screening program to the Committee on Commerce, 

6 Science, and Transportation of the Senate and the 

7 Committee on Transportation and Infrastructure of 

8 the House of Representatives. 

9 (b) PILOT PROGRAM.—As part of the study under 

10 subsection (a), the Under Secretary shall complete a pilot 

11 program of random security screening of passengers and 

12 baggage at 5 passenger rail stations served by Amtrak 

13 that are selected by the Under Secretary. In conducting 

14 the pilot program, the Under Secretary shall— 

15 (1) test a wide range of explosives detection 

16 technologies, devices, and methods; 

17 (2) require that intercity rail passengers 

18 produce government-issued photographic identifica19 tion that matches the name on the passenger’s tick20 ets prior to boarding trains; and 

21 (3) attempt to give preference to locations at 

22 the highest risk of terrorist attack and achieve a dis23 tribution of participating train stations in terms of 

24 geographic location, size, passenger volume, and 
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1 whether the station is used by commuter rail pas2 sengers as well as Amtrak passengers. 

3 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

4 are authorized to be appropriated to the Under Secretary 

5 of Homeland Security for Border and Transportation Se6 curity $5,000,000 for fiscal year 2006 to carry out this 

7 section. 

8 SEC. 406. CERTAIN PERSONNEL LIMITATIONS NOT TO 

9 APPLY. 

10 Any statutory limitation on the number of employees 

11 in the Transportation Security Administration of the De12 partment of Transportation, before or after its transfer 

13 to the Department of Homeland Security, does not apply 

14 to the extent that any such employees are responsible for 

15 implementing the provisions of this Act. 

16 SEC. 407. FIRE AND LIFE-SAFETY IMPROVEMENTS. 

17 (a) LIFE-SAFETY NEEDS.—The Secretary of Trans18 portation is authorized to make grants to Amtrak for the 

19 purpose of making fire and life-safety improvements to 

20 Amtrak tunnels on the Northeast Corridor in New York, 

21 New York, Baltimore, Maryland, and Washington, Dis22 trict of Columbia. 

23 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

24 are authorized to be appropriated to the Secretary of 
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1 Transportation for the purposes of carrying out subsection 

2 (a) the following amounts: 

3 (1) For the 6 New York tunnels to provide ven4 tilation, electrical, and fire safety technology up5 grades, emergency communication and lighting sys6 tems, and emergency access and egress for pas7 sengers— 

8 (A) $100,000,000 for fiscal year 2006; 

9 (B) $100,000,000 for fiscal year 2007; 

10 (C) $100,000,000 for fiscal year 2008; 

11 (D) $100,000,000 for fiscal year 2009; 

12 and 

13 (E) $170,000,000 for fiscal year 2010. 

14 (2) For the Baltimore & Potomac tunnel and 

15 the Union tunnel, together, to provide adequate 

16 drainage, ventilation, communication, lighting, and 

17 passenger egress upgrades— 

18 (A) $10,000,000 for fiscal year 2006; 

19 (B) $10,000,000 for fiscal year 2007; 

20 (C) $10,000,000 for fiscal year 2008; 

21 (D) $10,000,000 for fiscal year 2009; and 

22 (E) $17,000,000 for fiscal year 2010. 

23 (3) For the Washington, District of Columbia, 

24 Union Station tunnels to improve ventilation, com-
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1 munication, lighting, and passenger egress up2 grades— 

3 (A) $8,000,000 for fiscal year 2006; 

4 (B) $8,000,000 for fiscal year 2007; 

5 (C) $8,000,000 for fiscal year 2008; 

6 (D) $8,000,000 for fiscal year 2009; and 

7 (E) $8,000,000 for fiscal year 2010. 

8 (c) INFRASTRUCTURE UPGRADES.—There are au9 thorized to be appropriated to the Secretary of Transpor10 tation $3,000,000 for fiscal year 2006 for the preliminary 

11 design of options for a new tunnel on a different alignment 

12 to augment the capacity of the existing Baltimore, Mary13 land, tunnels. 

14 (d) AVAILABILITY OF APPROPRIATED FUNDS.— 

15 Amounts appropriated pursuant to this section shall re16 main available until expended. 

17 (e) PLANS REQUIRED.—The Secretary of Transpor18 tation may not make amounts available to Amtrak for ob19 ligation or expenditure under subsection (a)— 

20 (1) until Amtrak has submitted to the Sec21 retary, and the Secretary has approved, an engineer22 ing and financial plan for such projects; and 

23 (2) unless, for each project funded pursuant to 

24 this section, the Secretary has approved a project 

25 management plan prepared by Amtrak addressing 
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1 appropriate project budget, construction schedule, 

2 recipient staff organization, document control and 

3 record keeping, change order procedure, quality con4 trol and assurance, periodic plan updates, periodic 

5 status reports, and such other matters the Secretary 

6 determines appropriate. 

7 (f) REVIEW OF PLANS.—The Secretary of Transpor8 tation shall complete the review of the plans required 

9 under subsection (e) and approve or disapprove the plans 

10 within 45 days after the date on which each such plan 

11 is submitted by Amtrak. If the Secretary determines that 

12 a plan is incomplete or deficient, the Secretary shall notify 

13 Amtrak of the incomplete items or deficiencies and Am14 trak shall, within 30 days after receiving such notification, 

15 submit a modified plan for the Secretary’s review. Within 

16 15 days after receiving additional information on items 

17 previously included in the plan, and within 45 days after 

18 receiving items newly included in a modified plan, the Sec19 retary shall either approve the modified plan, or, if the 

20 Secretary finds the plan is still incomplete or deficient, 

21 the Secretary shall identify in writing to the Committee 

22 on Commerce, Science, and Transportation of the Senate 

23 and the Committee on Transportation and Infrastructure 

24 of the House of Representatives the portions of the plan 

25 the Secretary finds incomplete or deficient, approve all 
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1 other portions of the plan, obligate the funds associated 

2 with those other portions, and execute an agreement with 

3 Amtrak within 15 days thereafter on a process for resolv4 ing the remaining portions of the plan. 

5 (g) FINANCIAL CONTRIBUTION FROM OTHER TUN6 NEL USERS.—The Secretary shall, taking into account the 

7 need for the timely completion of all portions of the tunnel 

8 projects described in subsection (a)— 

9 (1) consider the extent to which rail carriers 

10 other than Amtrak use the tunnels; 

11 (2) consider the feasibility of seeking a financial 

12 contribution from those other rail carriers toward 

13 the costs of the projects; and 

14 (3) obtain financial contributions or commit15 ments from such other rail carriers at levels reflect16 ing the extent of their use of the tunnels, if feasible. 

17 SEC. 408. MEMORANDUM OF AGREEMENT. 

18 (a) MEMORANDUM OF AGREEMENT.—Not later than 

19 60 days after the date of enactment of this Act, the Sec20 retary of Transportation and the Secretary of Homeland 

21 Security shall execute a memorandum of agreement gov22 erning the roles and responsibilities of the Department of 

23 Transportation and the Department of Homeland Secu24 rity, respectively, in addressing railroad transportation se25 curity matters, including the processes the departments 
123 

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1 will follow to promote communications, efficiency, and 

2 nonduplication of effort. 

3 (b) RAIL SAFETY REGULATIONS.—Section 20103(a) 

4 of title 49, United States Code, is amended by striking 

5 ‘‘safety’’ the first place it appears, and inserting ‘‘safety, 

6 including security,’’. 

7 SEC. 409. AMTRAK PLAN TO ASSIST FAMILIES OF PAS8 SENGERS INVOLVED IN RAIL PASSENGER AC9 CIDENTS. 

10 (a) IN GENERAL.—Chapter 243 of title 49, United 

11 States Code, is amended by adding at the end the fol12 lowing new section: 

13 ‘‘§ 24316. Plan to address needs of families of pas14 sengers involved in rail passenger acci15 dents 

16 ‘‘(a) SUBMISSION OF PLAN.—Not later than 6 

17 months after the date of enactment of the Rail Security 

18 Act of 2005, Amtrak shall submit to the Chairman of the 

19 National Transportation Safety Board and the Secretary 

20 of Transportation a plan for addressing the needs of the 

21 families of passengers involved in any rail passenger acci22 dent involving an Amtrak intercity train and resulting in 

23 a loss of life. 
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1 ‘‘(b) CONTENTS OF PLANS.—The plan to be sub2 mitted by Amtrak under subsection (a) shall include, at 

3 a minimum, the following: 

4 ‘‘(1) A process by which Amtrak will maintain 

5 and provide to the National Transportation Safety 

6 Board and the Secretary of Transportation, imme7 diately upon request, a list (which is based on the 

8 best available information at the time of the request) 

9 of the names of the passengers aboard the train 

10 (whether or not such names have been verified), and 

11 will periodically update the list. The plan shall in12 clude a procedure, with respect to unreserved trains 

13 and passengers not holding reservations on other 

14 trains, for Amtrak to use reasonable efforts to ascer15 tain the number and names of passengers aboard a 

16 train involved in an accident. 

17 ‘‘(2) A plan for creating and publicizing a reli18 able, toll-free telephone number within 4 hours after 

19 such an accident occurs, and for providing staff, to 

20 handle calls from the families of the passengers. 

21 ‘‘(3) A process using suitably trained individ22 uals to notify the families of the passengers before 

23 any public notice of the names of the passengers is 

24 provided. 
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1 ‘‘(4) A process for providing the notice de2 scribed in paragraph (2) to the family of a pas3 senger as soon as Amtrak has verified that the pas4 senger was aboard the train (whether or not the 

5 names of all of the passengers have been verified). 

6 ‘‘(5) A process by which the family of each pas7 senger will be— 

8 ‘‘(A) consulted about the disposition of all 

9 remains and personal effects of the passenger 

10 within Amtrak’s control; 

11 ‘‘(B) notified that any possession of the 

12 passenger within Amtrak’s control will be re13 turned to the family unless the possession is 

14 needed for the accident investigation or any 

15 criminal investigation; and 

16 ‘‘(C) notified that any unclaimed posses17 sion of a passenger within Amtrak’s control will 

18 be retained by the rail passenger carrier for at 

19 least 18 months. 

20 ‘‘(6) A process by which the treatment of the 

21 families of nonrevenue passengers will be the same 

22 as the treatment of the families of revenue pas23 sengers. 

24 ‘‘(7) An assurance that Amtrak will provide 

25 adequate training to its employees and agents to 
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1 meet the needs of survivors and family members fol2 lowing an accident. 

3 ‘‘(c) USE OF INFORMATION.—The National Trans4 portation Safety Board, the Secretary of Transportation, 

5 and Amtrak may not release to any person information 

6 on a list obtained under subsection (b)(1) but may provide 

7 information on the list about a passenger to the family 

8 of the passenger to the extent that the Board or Amtrak 

9 considers appropriate. 

10 ‘‘(d) LIMITATION ON LIABILITY.—Amtrak shall not 

11 be liable for damages in any action brought in a Federal 

12 or State court arising out of the performance of Amtrak 

13 in preparing or providing a passenger list, or in providing 

14 information concerning a train reservation, pursuant to 

15 the plan submitted by Amtrak under subsection (b), unless 

16 such liability was caused by Amtrak’s conduct. 

17 ‘‘(e) LIMITATION ON STATUTORY CONSTRUCTION.— 

18 Nothing in this section may be construed as limiting the 

19 actions that Amtrak may take, or the obligations that Am20 trak may have, in providing assistance to the families of 

21 passengers involved in a rail passenger accident. 

22 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 

23 are authorized to be appropriated to the Secretary of 

24 Transportation for the use of Amtrak $500,000 for fiscal 

25 year 2006 to carry out this section. Amounts appropriated 
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1 pursuant to this subsection shall remain available until ex2 pended.’’. 

3 (b) CONFORMING AMENDMENT.—The chapter anal4 ysis for chapter 243 of title 49, United States Code, is 

5 amended by adding at the end the following: 

‘‘Sec. 

‘‘24316. Plan to address needs of families of passengers involved in rail passenger accidents.’’. 

6 SEC. 410. SYSTEMWIDE AMTRAK SECURITY UPGRADES. 

7 (a) IN GENERAL—Subject to subsection (c), the 

8 Under Secretary of Homeland Security for Border and 

9 Transportation Security is authorized to make grants, 

10 through the Secretary of Transportation, to Amtrak— 

11 (1) to secure major tunnel access points and en12 sure tunnel integrity in New York, New York, Balti13 more, Maryland, and Washington, District of Co14 lumbia; 

15 (2) to secure Amtrak trains; 

16 (3) to secure Amtrak stations; 

17 (4) to obtain a watch list identification system 

18 approved by the Under Secretary; 

19 (5) to obtain train tracking and interoperable 

20 communications systems that are coordinated to the 

21 maximum extent possible; 

22 (6) to hire additional police and security offi23 cers, including canine units; and 

24 (7) to expand emergency preparedness efforts. 
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1 (b) CONDITIONS.—The Secretary of Transportation 

2 may not disburse funds to Amtrak under subsection (a) 

3 unless the projects are contained in a systemwide security 

4 plan approved by the Under Secretary, in consultation 

5 with the Secretary of Transportation, and, for capital 

6 projects, meet the requirements of section 407(e)(2). The 

7 plan shall include appropriate measures to address secu8 rity awareness, emergency response, and passenger evacu9 ation training. 

10 (c) EQUITABLE GEOGRAPHIC ALLOCATION.—The 

11 Under Secretary shall ensure that, subject to meeting the 

12 highest security needs on Amtrak’s entire system, stations 

13 and facilities located outside of the Northeast Corridor re14 ceive an equitable share of the security funds authorized 

15 by this section. 

16 (d) AVAILABILITY OF FUNDS.—There are authorized 

17 to be appropriated to the Under Secretary of Homeland 

18 Security for Border and Transportation Security 

19 $63,500,000 for fiscal year 2006 to carry out this section. 

20 Amounts appropriated pursuant to this subsection shall 

21 remain available until expended. 

22 SEC. 411. FREIGHT AND PASSENGER RAIL SECURITY UP23 GRADES. 

24 (a) SECURITY IMPROVEMENT GRANTS.—The Under 

25 Secretary of Homeland Security for Border and Transpor-
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1 tation Security is authorized to make grants to freight 

2 railroads, the Alaska Railroad, hazardous materials ship3 pers, owners of rail cars used in the transportation of haz4 ardous materials, universities, colleges and research cen5 ters, State and local governments (for passenger facilities 

6 and infrastructure not owned by Amtrak), and, through 

7 the Secretary of Transportation, to Amtrak, for full or 

8 partial reimbursement of costs incurred in the conduct of 

9 activities to prevent or respond to acts of terrorism, sabo10 tage, or other intercity passenger rail and freight rail secu11 rity threats, including— 

12 (1) security and redundancy for critical commu13 nications, computer, and train control systems essen14 tial for secure rail operations; 

15 (2) accommodation of cargo or passenger 

16 screening equipment at the United States-Mexico 

17 border or the United States-Canada border; 

18 (3) the security of hazardous material transpor19 tation by rail; 

20 (4) secure intercity passenger rail stations, 

21 trains, and infrastructure; 

22 (5) structural modification or replacement of 

23 rail cars transporting high hazard materials to im24 prove their resistance to acts of terrorism; 
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1 (6) employee security awareness, preparedness, 

2 passenger evacuation, and emergency response train3 ing; 

4 (7) public security awareness campaigns for 

5 passenger train operations; 

6 (8) the sharing of intelligence and information 

7 about security threats; 

8 (9) train tracking and interoperable commu9 nications systems that are coordinated to the max10 imum extent possible; 

11 (10) the hiring of additional police and security 

12 officers, including canine units; and 

13 (11) other improvements recommended by the 

14 reports submitted under subsections (c) and (d) of 

15 section 402, including infrastructure, facilities, and 

16 equipment upgrades. 

17 (b) ACCOUNTABILITY.—The Under Secretary shall 

18 adopt necessary procedures, including audits, to ensure 

19 that grants made under this section are expended in ac20 cordance with the purposes of this Act and the priorities 

21 and other criteria developed by the Under Secretary. 

22 (c) EQUITABLE ALLOCATION.—The Under Secretary 

23 shall equitably distribute the funds authorized by this sec24 tion, taking into account geographic location, and shall en25 courage non-Federal financial participation in awarding 
131 

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1 grants. With respect to grants for passenger rail security, 

2 the Under Secretary shall also take into account passenger 

3 volume and whether a station is used by commuter rail 

4 passengers as well as intercity rail passengers. 

5 (d) CONDITIONS.—The Secretary of Transportation 

6 may not disburse funds to Amtrak under subsection (a) 

7 unless Amtrak meets the conditions set forth in section 

8 410(b). 

9 (e) ALLOCATION BETWEEN RAILROADS AND OTH10 ERS.—Unless as a result of the assessment required by 

11 section 402(a) the Under Secretary of Homeland Security 

12 for Border and Transportation Security determines that 

13 critical rail transportation security needs require reim14 bursement in greater amounts to any eligible entity, no 

15 grants under this section may be made— 

16 (1) in excess of $65,000,000 to Amtrak; or 

17 (2) in excess of $100,000,000 for the purposes 

18 described in paragraphs (3) and (5) of subsection 

19 (a). 

20 (f) AUTHORIZATION OF APPROPRIATIONS.—There 

21 are authorized to be appropriated to the Under Secretary 

22 of Homeland Security for Border and Transportation Se23 curity $350,000,000 for fiscal year 2006 to carry out this 

24 section. Amounts appropriated pursuant to this subsection 

25 shall remain available until expended. 
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1 (g) HIGH HAZARD MATERIALS DEFINED.—In this 

2 section, the term ‘‘high hazard materials’’ means poison 

3 inhalation hazard materials, Class 2.3 gases, Class 6.1 

4 materials, and anhydrous ammonia. 

5 SEC. 412. OVERSIGHT AND GRANT PROCEDURES. 

6 (a) SECRETARIAL OVERSIGHT.—The Secretary of 

7 Transportation may use up to 0.5 percent of amounts 

8 made available to Amtrak for capital projects under this 

9 Act to enter into contracts for the review of proposed cap10 ital projects and related program management plans and 

11 to oversee construction of such projects. 

12 (b) USE OF FUNDS.—The Secretary may use 

13 amounts available under subsection (a) to make contracts 

14 for safety, procurement, management, and financial com15 pliance reviews and audits of a recipient of amounts under 

16 such subsection. 

17 (c) PROCEDURES FOR GRANT AWARD.—The Under 

18 Secretary of Homeland Security for Border Transpor19 tation Security shall prescribe procedures and schedules 

20 for the awarding of grants under this Act, including appli21 cation and qualification procedures (including a require22 ment that the applicant have a security plan), and a 

23 record of decision on applicant eligibility. The procedures 

24 shall include the execution of a grant agreement between 

25 the grant recipient and the Under Secretary. The Under 
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1 Secretary shall issue a final rule establishing the proce2 dures not later than 90 days after the date of enactment 

3 of this Act. 

4 SEC. 413. RAIL SECURITY RESEARCH AND DEVELOPMENT. 

5 (a) ESTABLISHMENT OF RESEARCH AND DEVELOP6 MENT PROGRAM.—The Under Secretary of Homeland Se7 curity for Border and Transportation Security, in conjunc8 tion with the Secretary of Transportation, shall carry out 

9 a research and development program for the purpose of 

10 improving freight and intercity passenger rail security that 

11 may include research and development projects to— 

12 (1) reduce the vulnerability of passenger trains, 

13 stations, and equipment to explosives and hazardous 

14 chemical, biological, and radioactive substances; 

15 (2) test new emergency response techniques and 

16 technologies; 

17 (3) develop improved freight technologies, in18 cluding— 

19 (A) technologies for sealing rail cars; 

20 (B) automatic inspection of rail cars; 

21 (C) communication-based train controls; 

22 and 

23 (D) emergency response training; 

24 (4) test wayside detectors that can detect tam25 pering with railroad equipment; 
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1 (5) support enhanced security for the transpor2 tation of hazardous materials by rail, including— 

3 (A) technologies to detect a breach in a 

4 tank car and transmit information about the in5 tegrity of tank cars to the train crew; 

6 (B) research to improve tank car integrity, 

7 with a focus on tank cars that carry high haz8 ard materials (as defined in section 411(g)); 

9 and 

10 (C) techniques to transfer hazardous mate11 rials from rail cars that are damaged or other12 wise represent an unreasonable risk to human 

13 life or public safety; and 

14 (6) other projects recommended in reports sub15 mitted under section 402. 

16 (b) COORDINATION WITH OTHER RESEARCH INITIA17 TIVES.—The Under Secretary of Homeland Security for 

18 Border and Transportation Security shall ensure that the 

19 research and development program authorized by this sec20 tion is coordinated with other research and development 

21 initiatives at the Department of Homeland Security and 

22 the Department of Transportation. The Under Secretary 

23 of Homeland Security for Border and Transportation Se24 curity shall carry out any research and development 

25 project authorized by this section through a reimbursable 
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1 agreement with the Secretary of Transportation if the Sec2 retary of Transportation— 

3 (1) is already sponsoring a research and devel4 opment project in a similar area; or 

5 (2) has a unique facility or capability that 

6 would be useful in carrying out the project. 

7 (c) ACCOUNTABILITY.—The Under Secretary shall 

8 adopt necessary procedures, including audits, to ensure 

9 that grants made under this section are expended in ac10 cordance with the purposes of this Act and the priorities 

11 and other criteria developed by the Under Secretary. 

12 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

13 are authorized to be appropriated to the Under Secretary 

14 of Homeland Security for Border and Transportation Se15 curity $50,000,000 in each of fiscal years 2006 and 2007 

16 to carry out this section. Amounts appropriated pursuant 

17 to this subsection shall remain available until expended. 

18 SEC. 414. WELDED RAIL AND TANK CAR SAFETY IMPROVE19 MENTS. 

20 (a) TRACK STANDARDS.—Not later than 90 days 

21 after the date of enactment of this Act, the Administrator 

22 of the Federal Railroad Administration shall— 

23 (1) require each track owner using continuous 

24 welded rail track to include procedures (in its proce25 dures filed with the Administration pursuant to sec-
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1 tion 213.119 of title 49, Code of Federal Regula2 tions) to improve the identification of cracks in rail 

3 joint bars; 

4 (2) instruct Administration track inspectors to 

5 obtain copies of the most recent continuous welded 

6 rail programs of each railroad within the inspectors’ 

7 areas of responsibility and require that inspectors 

8 use those programs when conducting track inspec9 tions; and 

10 (3) establish a program to periodically review 

11 continuous welded rail joint bar inspection data from 

12 railroads and Administration track inspectors and, 

13 whenever the Administrator determines that it is 

14 necessary or appropriate, require railroads to in15 crease the frequency or improve the methods of in16 spection of joint bars in continuous welded rail. 

17 (b) TANK CAR STANDARDS.—The Administrator of 

18 the Federal Railroad Administration shall— 

19 (1) not later than 1 year after the date of en20 actment of this Act, validate the predictive model it 

21 is developing to quantify the relevant dynamic forces 

22 acting on railroad tank cars under accident condi23 tions; and 

24 (2) not later than 18 months after the date of 

25 enactment of this Act, initiate a rulemaking to de-
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1 velop and implement appropriate design standards 

2 for pressurized tank cars. 

3 (c) OLDER TANK CAR IMPACT RESISTANCE ANAL4 YSIS AND REPORT.—Not later than 2 years after the date 

5 of enactment of this Act, the Administrator of the Federal 

6 Railroad Administration shall— 

7 (1) conduct a comprehensive analysis to deter8 mine the impact resistance of the steels in the shells 

9 of pressure tank cars constructed before 1989; and 

10 (2) submit to the Committee on Commerce, 

11 Science, and Transportation of the Senate and the 

12 Committee on Transportation and Infrastructure of 

13 the House of Representatives a report with rec14 ommendations for measures to eliminate or mitigate 

15 the risk of catastrophic failure. 

16 SEC. 415. NORTHERN BORDER RAIL PASSENGER REPORT. 

17 Not later than 180 days after the date of enactment 

18 of this Act, the Under Secretary of Homeland Security 

19 for Border and Transportation Security, in consultation 

20 with the heads of other appropriate Federal departments 

21 and agencies and the National Railroad Passenger Cor22 poration, shall submit to the Committee on Commerce, 

23 Science, and Transportation of the Senate and the Com24 mittee on Transportation and Infrastructure of the House 

25 of Representatives a report that contains— 
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1 (1) a description of the current system for 

2 screening passengers and baggage on passenger rail 

3 service between the United States and Canada; 

4 (2) an assessment of the current program to 

5 provide preclearance of airline passengers between 

6 the United States and Canada as outlined in ‘‘The 

7 Agreement on Air Transport Preclearance between 

8 the Government of Canada and the Government of 

9 the United States of America’’, dated January 18, 

10 2001; 

11 (3) an assessment of the current program to 

12 provide preclearance of freight railroad traffic be13 tween the United States and Canada as outlined in 

14 the ‘‘Declaration of Principle for the Improved Secu15 rity of Rail Shipments by Canadian National Rail16 way and Canadian Pacific Railway from Canada to 

17 the United States’’, dated April 2, 2003; 

18 (4) information on progress by the Department 

19 of Homeland Security and other Federal agencies to20 wards finalizing a bilateral protocol with Canada 

21 that would provide for preclearance of passengers on 

22 trains operating between the United States and Can23 ada; 

24 (5) a description of legislative, regulatory, 

25 budgetary, or policy barriers within the United 
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1 States Government to providing prescreened pas2 senger lists for rail passengers travelling between the 

3 United States and Canada to the Department of 

4 Homeland Security; 

5 (6) a description of the position of the Govern6 ment of Canada and relevant Canadian agencies 

7 with respect to preclearance of such passengers; and 

8 (7) a draft of any changes in existing Federal 

9 law necessary to provide for prescreening of such 

10 passengers and providing prescreened passenger lists 

11 to the Department of Homeland Security. 

12 SEC. 416. REPORT REGARDING IMPACT ON SECURITY OF 

13 TRAIN TRAVEL IN COMMUNITIES WITHOUT 

14 GRADE SEPARATION. 

15 (a) STUDY.—The Secretary of Homeland Security 

16 shall, in consultation with State and local government offi17 cials, conduct a study on the impact of blocked highway18 railroad grade crossings on the ability of emergency re19 sponders, including ambulances and police, fire, and other 

20 emergency vehicles, to perform public safety and security 

21 duties in the event of a terrorist attack. 

22 (b) REPORT.—Not later than 1 year after the date 

23 of enactment of this Act, the Secretary of Homeland Secu24 rity shall submit to the Committee on Commerce, Science, 

25 and Transportation of the Senate and the Committee on 
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1 Transportation and Infrastructure of the House of Rep2 resentatives a report on the findings of the study con3 ducted under subsection (a), including recommendations 

4 for reducing the impact of blocked crossings on emergency 

5 response. 

6 SEC. 417. WHISTLEBLOWER PROTECTION PROGRAM. 

7 (a) IN GENERAL.—Subchapter I of chapter 201 of 

8 title 49, United States Code, is amended by inserting after 

9 section 20115 the following new section: 

10 ‘‘§ 20116. Whistleblower protection for rail security 

11 matters 

12 ‘‘(a) DISCRIMINATION AGAINST EMPLOYEE.—No rail 

13 carrier engaged in interstate or foreign commerce may dis14 charge a railroad employee or otherwise discriminate 

15 against a railroad employee because the employee (or any 

16 person acting pursuant to a request of the employee)— 

17 (1) provided, caused to be provided, or is about 

18 to provide or cause to be provided, to the employer 

19 or the Federal Government information relating to a 

20 perceived threat to security; 

21 ‘‘(2) provided, caused to be provided, or is 

22 about to provide or cause to be provided, testimony 

23 before Congress or at any Federal or State pro24 ceeding regarding a perceived threat to security; or 
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1 ‘‘(3) refused to violate or assist in the violation 

2 of any law, rule, or regulation related to rail secu3 rity. 

4 ‘‘(b) DISPUTE RESOLUTION.—A dispute, grievance, 

5 or claim arising under this section is subject to resolution 

6 under section 3 of the Railway Labor Act (45 U.S.C. 153). 

7 In a proceeding by the National Railroad Adjustment 

8 Board, a division or delegate of the Board, or another 

9 board of adjustment established under such section to re10 solve the dispute, grievance, or claim, the proceeding shall 

11 be expedited and the dispute, grievance, or claim shall be 

12 resolved not later than 180 days after it is filed. If the 

13 violation is a form of discrimination that does not involve 

14 discharge, suspension, or another action affecting pay, and 

15 no other remedy is available under this subsection, the 

16 Board, division, delegate, or other board of adjustment 

17 may award the employee reasonable damages, including 

18 punitive damages, of not more than $20,000. 

19 ‘‘(c) PROCEDURAL REQUIREMENTS.—Except as pro20 vided in subsection (b), the procedure set forth in section 

21 42121(b)(2)(B) of this title, including the burdens of 

22 proof, applies to any complaint brought under this section. 

23 ‘‘(d) ELECTION OF REMEDIES.—An employee of a 

24 railroad carrier may not seek protection under both this 
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1 section and another provision of law for the same allegedly 

2 unlawful act of the carrier. 

3 ‘‘(e) DISCLOSURE OF IDENTITY.— 

4 ‘‘(1) Except as provided in paragraph (2) of 

5 this subsection, or with the written consent of the 

6 employee, the Secretary of Transportation may not 

7 disclose the name of an employee of a railroad car8 rier who has provided information about an alleged 

9 violation of this section. 

10 ‘‘(2) The Secretary shall disclose to the Attor11 ney General the name of an employee described in 

12 paragraph (1) of this subsection if the matter is re13 ferred to the Attorney General for enforcement.’’. 

14 (b) CONFORMING AMENDMENT.—The chapter anal15 ysis for chapter 201 of title 49, United States Code, is 

16 amended by inserting after the item relating to section 

17 20115 the following: 

‘‘20116. Whistleblower protection for rail security matters.’’. 

18 TITLE V—PROTECTING 

19 TAXPAYERS 

20 SEC. 501. REPORTS ON METRICS FOR MEASURING SUCCESS 

21 IN GLOBAL WAR ON TERRORISM. 

22 (a) REQUIREMENT FOR REPORTS.—The Comptroller 

23 General of the United States shall submit to Congress re24 ports on the metrics for use in tracking and measuring 

25 acts of global terrorism, international counterterrorism ef-
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1 forts, and the success of United States counterterrorism 

2 policies and practices including specific, replicable defini3 tions, criteria, and standards of measurement to be used 

4 for the following: 

5 (A) Counting and categorizing acts of 

6 international terrorism. 

7 (B) Monitoring counterterrorism efforts of 

8 foreign governments. 

9 (C) Monitoring financial support provided 

10 to terrorist groups. 

11 (D) Assessing the success of United States 

12 counterterrorism policies and practices. 

13 (b) SCHEDULE OF REPORTS.—The Comptroller Gen14 eral shall submit to Congress an initial report under sub15 section (a) not later than 1 year after the date of enact16 ment of this Act and a second report not later than 1 

17 year after the date on which the initial report is submitted. 

18 SEC. 502. PROHIBITION ON WAR PROFITEERING. 

19 (a) FINDINGS.—Congress makes the following find20 ings: 

21 (1) War profiteering, the overcharging of tax22 payers for any good or service with the specific in23 tent to excessively profit from a conflict or recon24 struction situation, not only defrauds taxpayers in 

25 the United States, but also threatens the safety of 
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1 United States troops in harms way by hindering re2 construction progress, damaging the credibility of 

3 the United States, and wasting resources that could 

4 be used for troop protection. 

5 (2) Laws prohibiting fraud protect against 

6 waste of tax dollars within the United States, but no 

7 current fraud statute expressly prohibits waste of 

8 tax dollars resulting from war profiteering during 

9 conflicts in foreign countries. 

10 (3) War profiteers have hindered United States 

11 efforts to secure and reconstruct Iraq. In its third 

12 quarterly report, the Coalition Provisional Authority 

13 Inspector General reported that, as of October 12, 

14 2004, it had received a total of 113 potential crimi15 nal cases. 

16 (4) In nine separate reports, the Defense Con17 tract Audit Agency, the Coalition Provisional Au18 thority Inspector General, and the Government Ac19 countability Office have found widespread, system20 atic abuses by the Halliburton Company and its sub21 sidiaries, including instances of overcharging worth 

22 tens of millions of dollars, fraudulent accounting 

23 practices, and kickbacks. Contracts awarded to Cus24 ter Battles, LLC, were suspended by the Depart25 ment of Defense after it uncovered fraudulent billing 
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1 practices including the establishment of phantom 

2 off-shore corporations. Government investigators 

3 have found contract irregularities, including lack of 

4 transparency and poor accounting, in contracts 

5 awarded to other firms. 

6 (b) PROHIBITION OF PROFITEERING.— 

7 (1) PROHIBITION.— 

8 (A) IN GENERAL.—Chapter 47 of title 18, 

9 United States Code, is amended by adding at 

10 the end the following new section: 

11 ‘‘§ 1038. War profiteering and fraud relating to mili12 tary action, relief, and reconstruction ef13 forts 

14 ‘‘(a) PROHIBITION.— 

15 ‘‘(1) IN GENERAL.—Whoever, in any matter in16 volving a contract or the provision of goods or serv17 ices, directly or indirectly, in connection with the 

18 war, military action, or relief or reconstruction ac19 tivities, knowingly and willfully— 

20 ‘‘(A) executes or attempts to execute a 

21 scheme or artifice to defraud the United States; 

22 ‘‘(B) falsifies, conceals, or covers up by 

23 any trick, scheme, or device a material fact; 

24 ‘‘(C) makes any materially false, fictitious, 

25 or fraudulent statements or representations, or 
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1 makes or uses any materially false writing or 

2 document knowing the same to contain any ma3 terially false, fictitious, or fraudulent statement 

4 or entry; or 

5 ‘‘(D) materially overvalues any good or 

6 service with the specific intent to excessively 

7 profit from the war, military action, or relief or 

8 reconstruction activities; 

9 shall be fined under paragraph (2), imprisoned not 

10 more than 20 years, or both. 

11 ‘‘(2) FINE.—A person convicted of an offense 

12 under paragraph (1) may be fined the greater of— 

13 ‘‘(A) $1,000,000; or 

14 ‘‘(B) if such person derives profits or other 

15 proceeds from the offense, not more than twice 

16 the gross profits or other proceeds. 

17 ‘‘(b) EXTRATERRITORIAL JURISDICTION.—There is 

18 extraterritorial Federal jurisdiction over an offense under 

19 this section. 

20 ‘‘(c) VENUE.—A prosecution for an offense under 

21 this section may be brought— 

22 ‘‘(1) as authorized by chapter 211 of this title; 

23 ‘‘(2) in any district where any act in further24 ance of the offense took place; or 
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1 ‘‘(3) in any district where any party to the con2 tract or provider of goods or services is located.’’. 

3 (2) TABLE OF SECTIONS.—The table of sections 

4 for chapter 47 of title 18, United States Code, is 

5 amended by adding at the end the following: 

‘‘1038. War profiteering and fraud relating to military action, relief, and reconstruction efforts.’’. 

6 (c) CIVIL FORFEITURE.—Section 981(a)(1)(C) of 

7 title 18, United States Code, is amended by inserting 

8 ‘‘1038,’’ after ‘‘1032,’’. 

9 (d) CRIMINAL FORFEITURE.—Section 982(a)(2)(B) 

10 of title 18, United States Code, is amended by striking 

11 ‘‘or 1030’’ and inserting ‘‘1030, or 1038’’. 

12 (e) MONEY LAUNDERING.—Section 1956(c)(7)(D) of 

13 title 18, United States Code, is amended by inserting ‘‘sec14 tion 1038 (relating to war profiteering and fraud relating 

15 to military action, relief, and reconstruction efforts),’’ 

16 after ‘‘liquidating agent of financial institution),’’. 

17 (f) RELATIONSHIP TO EXISTING LAW.—This section 

18 shall not limit or repeal any additional authorities pro19 vided by law. 

20 (g) EFFECTIVE DATE OF AMENDMENTS.—The 

21 amendments made by this section shall be effective during 

22 the 7-year period beginning on the date of enactment of 

23 this Act. 

Æ