II 

Calendar No. 598 

109TH CONGRESS 

2D SESSION S. 3875 

To provide real national security, restore United States leadership, and implement tough and smart policies to win the war on terror, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 7 (legislative day, SEPTEMBER 6), 2006 

Mr. REID (for himself and Mr. DURBIN) introduced the following bill; which 

was read the first time 

SEPTEMBER 8, 2006 

Read the second time and placed on the calendar 

A BILL 

To provide real national security, restore United States leadership, and implement tough and smart policies to win 

the war on terror, and for other purposes. 

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 ‘‘Real Security Act of 

5 2006’’. 


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

2 CONTENTS. 

3 (a) DIVISIONS.—This Act is organized into five divi4 sions as follows: 

DIVISION A—IMPLEMENTATION OF 9/11 COMMISSION 

RECOMMENDATIONS 

DIVISION B—COMBATTING TERRORISM 

DIVISION C—INTELLIGENCE AUTHORIZATIONS 

DIVISION D—TRANSPORTATION SECURITY 

DIVISION E—A NEW DIRECTION IN IRAQ 

5 (b) TABLE OF CONTENTS.—The table of contents for 

6 this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Organization of Act into divisions; table of contents. 

DIVISION A—IMPLEMENTATION OF 9/11 COMMISSION 

RECOMMENDATIONS 

Sec. 101. Short title. 

Sec. 102. Definition of 9/11 Commission. 

TITLE I—HOMELAND SECURITY, EMERGENCY PREPAREDNESS 

AND RESPONSE 

Subtitle A—Emergency Preparedness and Response 

CHAPTER 1—EMERGENCY PREPAREDNESS

Sec. 101. Adequate radio spectrum for first responders. 

Sec. 102. Report on establishing a unified incident command system. 

Sec. 103. Report on completing a national critical infrastructure risk and 

vulnerabilities assessment. 

Sec. 104. Private sector preparedness. 

Sec. 105. Relevant congressional committees defined. 

CHAPTER 2—ASSISTANCE FOR FIRST RESPONDERS

Sec. 111. Short title. 

Sec. 112. Findings. 

Sec. 113. Faster and Smarter Funding for First Responders. 

Sec. 114. Superseded provision. 

Sec. 115. Oversight. 

Sec. 116. GAO report on an inventory and status of Homeland Security first 

responder training. 

Sec. 117. Removal of civil liability barriers that discourage the donation of fire 

equipment to volunteer fire companies. 


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Subtitle B—Transportation Security 

Sec. 121. Report on national strategy for transportation security. 

Sec. 122. Report on airline passenger pre-screening. 

Sec. 123. Report on detection of explosives at airline screening checkpoints. 

Sec. 124. Report on comprehensive screening program. 

Sec. 125. Relevant congressional committees defined. 

Subtitle C—Border Security 

Sec. 131. Counterterrorist travel intelligence. 

Sec. 132. Comprehensive screening system. 

Sec. 133. Biometric entry and exit data system. 

Sec. 134. International collaboration on border and document security. 

Sec. 135. Standardization of secure identification. 

Sec. 136. Security enhancements for social security cards. 

Subtitle D—Homeland Security Appropriations 

Sec. 141. Homeland security appropriations. 

TITLE II—REFORMING THE INSTITUTIONS OF GOVERNMENT 

Subtitle A—Intelligence Community 

Sec. 201. Report on director of national intelligence. 

Sec. 202. Report on national counterterrorism center. 

Sec. 203. Report on creation of a Federal Bureau of Investigation national security workforce. 

Sec. 204. Report on new missions for the Director of the Central Intelligence 

Agency. 

Sec. 205. Report on incentives for information sharing. 

Sec. 206. Report on Presidential leadership of national security institutions in 

the information revolution. 

Sec. 207. Homeland airspace defense. 

Sec. 208. Semiannual report on plans and strategies of United States Northern 

Command for defense of the United States homeland. 

Sec. 209. Relevant congressional committees defined. 

Subtitle B—Civil Liberties and Executive Power 

Sec. 211. Report on the balance between security and civil liberties. 

Sec. 212. Privacy and Civil Liberties Oversight Board. 

Sec. 213. Set privacy guidelines for Government sharing of personal information. 

Sec. 214. Relevant congressional committees defined. 

Subtitle C—Intelligence Oversight Reform in the Senate 

Sec. 231. Subcommittee related to intelligence oversight. 

Sec. 232. Subcommittee related to intelligence appropriations. 

Sec. 233. Effective date. 

Subtitle D—Standardize Security Clearances 

Sec. 241. Standardization of security clearances. 

TITLE III—FOREIGN POLICY, PUBLIC DIPLOMACY, AND 

NONPROLIFERATION 


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Subtitle A—Foreign Policy 

Sec. 301. Actions to ensure a long-term commitment to Afghanistan. 

Sec. 302. Actions to support Pakistan against extremists. 

Sec. 303. Actions to support reform in Saudi Arabia. 

Sec. 304. Elimination of terrorist sanctuaries. 

Sec. 305. Comprehensive coalition strategy against Islamist terrorism. 

Sec. 306. Standards for the detention and humane treatment of captured terrorists. 

Sec. 307. Use of economic policies to combat terrorism. 

Sec. 308. Actions to ensure vigorous efforts against terrorist financing. 

Subtitle B—Public Diplomacy 

Sec. 311. Public diplomacy responsibilities of the Department of State and public diplomacy training of members of the Foreign Service. 

Sec. 312. International broadcasting. 

Sec. 313. Expansion of United States scholarship, exchange, and library programs in the Islamic world. 

Sec. 314. International Youth Opportunity Fund. 

Subtitle C—Nonproliferation 

Sec. 321. Short title. 

Sec. 322. Findings. 

Sec. 323. Establishment of Office of Nonproliferation Programs in the Executive Office of the President. 

Sec. 324. Removal of restrictions on Cooperative Threat Reduction programs. 

Sec. 325. Removal of restrictions on Department of Energy nonproliferation 

programs. 

Sec. 326. Modifications of authority to use Cooperative Threat Reduction program funds outside the former Soviet Union. 

Sec. 327. Modifications of authority to use International Nuclear Materials 

Protection and Cooperation program funds outside the former 

Soviet Union. 

Sec. 328. Special reports on adherence to arms control agreements and nonproliferation commitments. 

Sec. 329. Presidential report on impediments to certain nonproliferation activities. 

Sec. 330. Enhancement of Global Threat Reduction Initiative. 

Sec. 331. Expansion of Proliferation Security Initiative. 

Sec. 332. Sense of Congress relating to international security standards for nuclear weapons and materials. 

Sec. 333. Authorization of appropriations relating to inventory of Russian tactical nuclear warheads and data exchanges. 

Sec. 334. Report on accounting for and securing of Russia’s non-strategic nuclear weapons. 

Sec. 335. Research and development involving alternative use of weapons of 

mass destruction expertise. 

Sec. 336. Strengthening the Nuclear Nonproliferation Treaty. 

Sec. 337. Definitions. 

DIVISION B—COMBATTING TERRORISM. 

Sec. 1001. Short title. 

TITLE XI—EFFECTIVELY TARGETING TERRORISTS 


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Sec. 1101. Sense of Congress on Special Operations forces and related matters. 

Sec. 1102. Foreign language expertise. 

Sec. 1103. Curtailing terrorist financing. 

Sec. 1104. Prohibition on transactions with countries that support terrorism. 

Sec. 1105. Comptroller General report on United Kingdom and United States 

anti-terrorism policies and practices. 

Sec. 1106. Enhancement of intelligence community efforts to bring Osama bin 

Laden and other al Qaeda leaders to justice. 

TITLE XII—PREVENTING THE GROWTH OF RADICAL ISLAMIC 

FUNDAMENTALISM 

Subtitle A—Quality Educational Opportunities 

Sec. 1201. Findings, policy, and definition. 

Sec. 1202. Annual report to Congress. 

Sec. 1203. Authorization of appropriations. 

Subtitle B—Democracy and Development in the Muslim World 

Sec. 1211. Promoting democracy and development in the Middle East, Central 

Asia, South Asia, and Southeast Asia. 

Sec. 1212. Middle East Foundation. 

Subtitle C—Restoring American Moral Leadership 

Sec. 1221. Advancing United States interests through public diplomacy. 

Sec. 1222. Department of State public diplomacy programs. 

Sec. 1223. Treatment of detainees. 

Sec. 1224. National Commission To Review Policy Regarding the Treatment of 

Detainees. 

Subtitle D—Strategy for the United States Relationship With Afghanistan, 

Pakistan, and Saudi Arabia 

Sec. 1231. Afghanistan. 

Sec. 1232. Pakistan. 

Sec. 1233. Saudi Arabia. 

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

WEAPONS 

Subtitle A—Non-Proliferation Programs 

Sec. 1301. Repeal of limitations to threat reduction assistance. 

Sec. 1302. Russian tactical nuclear weapons. 

Sec. 1303. Additional assistance to accelerate Non-Proliferation programs. 

Sec. 1304. Additional assistance to the International Atomic Energy Agency. 

Subtitle B—Border Protection 

Sec. 1311. Findings. 

Sec. 1312. Hiring and training of border security personnel. 

Subtitle C—First Responders 

Sec. 1321. Findings. 

Sec. 1322. Restoration of justice assistance funding. 


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Sec. 1323. Providing reliable officers, technology, education, community prosecutors, and training in Our Neighborhood Initiative. 

TITLE XIV—PROTECTING TAXPAYERS 

Sec. 1401. Reports on metrics for measuring success in Global War on Terrorism. 

Sec. 1402. Prohibition on war profiteering. 

TITLE XV—OTHER MATTERS 

Sec. 1501. Sense of Congress on military commissions for the trial of persons 

detained in the Global War on Terrorism. 

DIVISION C—INTELLIGENCE AUTHORIZATIONS 

Sec. 2001. Short title. 

TITLE XXI—INTELLIGENCE ACTIVITIES 

Sec. 2101. Authorization of appropriations. 

Sec. 2102. Classified schedule of authorizations. 

Sec. 2103. Incorporation of classified annex. 

Sec. 2104. Personnel ceiling adjustments. 

Sec. 2105. Intelligence Community Management Account. 

Sec. 2106. Incorporation of reporting requirements. 

Sec. 2107. Availability to public of certain intelligence funding information. 

Sec. 2108. Response of intelligence community to requests from Congress for 

intelligence documents and information. 

TITLE XXII—CENTRAL INTELLIGENCE AGENCY RETIREMENT 

AND DISABILITY SYSTEM 

Sec. 2201. Authorization of appropriations. 

TITLE XXIII—INTELLIGENCE AND GENERAL INTELLIGENCE 

COMMUNITY MATTERS 

Sec. 2301. Increase in employee compensation and benefits authorized by law. 

Sec. 2302. Restriction on conduct of intelligence activities. 

Sec. 2303. Clarification of definition of intelligence community under the National Security Act of 1947. 

Sec. 2304. Improvement of notification of Congress regarding intelligence activities of the United States Government. 

Sec. 2305. Delegation of authority for travel on common carriers for intelligence collection personnel. 

Sec. 2306. Modification of availability of funds for different intelligence activities. 

Sec. 2307. Additional limitation on availability of funds for intelligence and intelligence-related activities. 

Sec. 2308. Increase in penalties for disclosure of undercover intelligence officers 

and agents. 

Sec. 2309. Retention and use of amounts paid as debts to elements of the intelligence community. 

Sec. 2310. Pilot program on disclosure of records under the Privacy Act relating to certain intelligence activities. 


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Sec. 2311. Extension to intelligence community of authority to delete information about receipt and disposition of foreign gifts and decorations. 

Sec. 2312. Availability of funds for travel and transportation of personal effects, household goods, and automobiles. 

Sec. 2313. Director of National Intelligence report on compliance with the Detainee Treatment Act of 2005. 

Sec. 2314. Report on alleged clandestine detention facilities for individuals captured in the Global War on Terrorism. 

Sec. 2315. Sense of Congress on electronic surveillance. 

TITLE XXIV—MATTERS RELATING TO ELEMENTS OF THE 

INTELLIGENCE COMMUNITY 

Subtitle A—Office of the Director of National Intelligence 

Sec. 2401. Additional authorities of the Director of National Intelligence on intelligence information sharing. 

Sec. 2402. Modification of limitation on delegation by the Director of National 

Intelligence of the protection of intelligence sources and methods. 

Sec. 2403. Authority of the Director of National Intelligence to manage access 

to human intelligence information. 

Sec. 2404. Additional administrative authority of the Director of National Intelligence. 

Sec. 2405. Clarification of limitation on co-location of the Office of the Director 

of National Intelligence. 

Sec. 2406. Additional duties of the Director of Science and Technology of the 

Office of the Director of National Intelligence. 

Sec. 2407. Appointment and title of Chief Information Officer of the Intelligence Community. 

Sec. 2408. Inspector General of the Intelligence Community. 

Sec. 2409. Leadership and location of certain offices and officials. 

Sec. 2410. National Space Intelligence Center. 

Sec. 2411. Operational files in the Office of the Director of National Intelligence. 

Sec. 2412. Eligibility for incentive awards of personnel assigned to the Office 

of the Director of National Intelligence. 

Sec. 2413. Repeal of certain authorities relating to the Office of the National 

Counterintelligence Executive. 

Sec. 2414. Inapplicability of Federal Advisory Committee Act to advisory committees of the Office of the Director of National Intelligence. 

Sec. 2415. Membership of the Director of National Intelligence on the Transportation Security Oversight Board. 

Sec. 2416. Applicability of the Privacy Act to the Director of National Intelligence and the Office of the Director of National Intelligence. 

Subtitle B—Central Intelligence Agency 

Sec. 2421. Director and Deputy Director of the Central Intelligence Agency. 

Sec. 2422. Enhanced protection of Central Intelligence Agency intelligence 

sources and methods from unauthorized disclosure. 

Sec. 2423. Additional exception to foreign language proficiency requirement for 

certain senior level positions in the Central Intelligence Agency. 

Sec. 2424. Additional functions and authorities for protective personnel of the 

Central Intelligence Agency. 


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Sec. 2425. Director of National Intelligence report on retirement benefits for 

former employees of Air America. 

Subtitle C—Defense Intelligence Components 

Sec. 2431. Enhancements of National Security Agency training program. 

Sec. 2432. Codification of authorities of National Security Agency protective 

personnel. 

Sec. 2433. Inspector general matters. 

Sec. 2434. Confirmation of appointment of heads of certain components of the 

intelligence community. 

Sec. 2435. Clarification of national security missions of National Geospatial-Intelligence Agency for analysis and dissemination of certain intelligence information. 

Sec. 2436. Security clearances in the National Geospatial-Intelligence Agency. 

Subtitle D—Other Elements 

Sec. 2441. Foreign language incentive for certain non-special agent employees 

of the Federal Bureau of Investigation. 

Sec. 2442. Authority to secure services by contract for the Bureau of Intelligence and Research of the Department of State. 

Sec. 2443. Clarification of inclusion of Coast Guard and Drug Enforcement 

Administration as elements of the intelligence community. 

Sec. 2444. Clarifying amendments relating to section 105 of the Intelligence 

Authorization Act for fiscal year 2004. 

TITLE XXV—OTHER MATTERS 

Sec. 2501. Technical amendments to the National Security Act of 1947. 

Sec. 2502. Technical clarification of certain references to Joint Military Intelligence Program and Tactical Intelligence and Related Activities. 

Sec. 2503. Technical amendments to the Intelligence Reform and Terrorism 

Prevention Act of 2004. 

Sec. 2504. Technical amendments to title 10, United States Code, arising from 

enactment of the Intelligence Reform and Terrorism Prevention Act of 2004. 

Sec. 2505. Technical amendment to the Central Intelligence Agency Act of 

1949. 

Sec. 2506. Technical amendments relating to the multiyear National Intelligence Program. 

Sec. 2507. Technical amendments to the Executive Schedule. 

Sec. 2508. Technical amendments relating to redesignation of the National Imagery and Mapping Agency as the National Geospatial-Intelligence Agency. 

DIVISION D—TRANSPORTATION SECURITY 

TITLE XXXI—MARITIME SECURITY 

Sec. 3101. Short title; Definitions. 

Sec. 3102. Interagency operational command centers for port security. 

Sec. 3103. Salvage response plan. 

Sec. 3104. Vessel and facility security plans. 

Sec. 3105. Assistance for foreign ports. 

Sec. 3106. Port security grants. 


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Sec. 3107. Operation safe commerce. 

Sec. 3108. Port security training program. 

Sec. 3109. Port security exercise program. 

Sec. 3110. Inspection of car ferries entering from Canada. 

Sec. 3111. Deadline for transportation worker identification credential security 

cards. 

Sec. 3112. Port security user fee study. 

Sec. 3113. Unannounced inspections of maritime facilities. 

Sec. 3114. Foreign port assessments. 

Sec. 3115. Pilot program to improve the security of empty containers. 

Sec. 3116. Domestic radiation detection and imaging. 

Sec. 3117. Evaluation of the environmental health and safety impacts of nonintrusive inspection technology. 

Sec. 3118. Authorization for customs and border protection personnel. 

Sec. 3119. Strategic plan. 

Sec. 3120. Resumption of trade. 

Sec. 3121. Automated targeting system. 

Sec. 3122. Container security initiative. 

Sec. 3123. Customs-trade partnership against terrorism validation program. 

Sec. 3124. Technical requirements for non-intrusive inspection equipment. 

Sec. 3125. Random inspection of containers. 

Sec. 3126. International trade data system. 

TITLE XXXII—RAIL SECURITY 

Sec. 3201. Short title. 

Sec. 3202. Rail Transportation security risk assessment. 

Sec. 3203. Systemwide Amtrak security upgrades. 

Sec. 3204. Fire and Life-Safety improvements. 

Sec. 3205. Freight and passenger rail security upgrades. 

Sec. 3206. Rail security research and development. 

Sec. 3207. Oversight and grant procedures. 

Sec. 3208. Amtrak plan to assist families of passengers involved in rail passenger accidents. 

Sec. 3209. Northern border rail passenger report. 

Sec. 3210. Rail worker security training program. 

Sec. 3211. Whistleblower protection program. 

Sec. 3212. High hazard material security threat mitigation plans. 

Sec. 3213. Memorandum of agreement. 

Sec. 3214. Rail security enhancements. 

Sec. 3215. Public awareness. 

Sec. 3216. Railroad high hazard material tracking. 

Sec. 3217. Authorization of appropriations. 

TITLE XXXIII—MASS TRANSIT SECURITY 

Sec. 3301. Short title. 

Sec. 3302. Findings. 

Sec. 3303. Security assessments. 

Sec. 3304. Security assistance grants. 

Sec. 3305. Intelligence sharing. 

Sec. 3306. Research, development, and demonstration grants. 

Sec. 3307. Reporting requirements. 

Sec. 3308. Authorization of appropriations. 

Sec. 3309. Sunset provision. 


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TITLE XXXIV—AVIATION SECURITY 

Sec. 3401. Inapplicability of limitation on employment of personnel within 

Transportation Security Administration to achieve aviation security. 

Sec. 3402. Aviation research and development for explosive detection. 

Sec. 3403. Aviation repair station security. 

DIVISION E—A NEW DIRECTION IN IRAQ 

TITLE XLI—UNITED STATES POLICY ON IRAQ 

Sec. 4001. United States policy on Iraq. 

Sec. 4002. Sense of Senate on need for a new direction in Iraq policy and in 

the civilian leadership of the Department of Defense. 

TITLE XLII—SPECIAL COMMITTEE OF SENATE ON WAR AND 

RECONSTRUCTION CONTRACTING 

Sec. 4101. Findings. 

Sec. 4102. Special Committee on War and Reconstruction Contracting. 

Sec. 4103. Purpose and duties. 

Sec. 4104. Composition of Special Committee. 

Sec. 4105. Rules and procedures. 

Sec. 4106. Authority of Special Committee. 

Sec. 4107. Reports. 

Sec. 4108. Administrative provisions. 

Sec. 4109. Termination. 

Sec. 4110. Sense of Senate on certain claims regarding the Coalition Provisional Authority. 

1 DIVISION I—IMPLEMENTATION 

2 OF 9/11 COMMISSION REC3 OMMENDATIONS 

4 SEC. 101. SHORT TITLE. 

5 This division may be cited as the ‘‘Ensuring Imple6 mentation of the 9/11 Commission Report Act’’. 

7 SEC. 102. DEFINITION OF 9/11 COMMISSION. 

8 In this division, the term ‘‘9/11 Commission’’ means 

9 the National Commission on Terrorist Attacks Upon the 

10 United States. 


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1 TITLE I—HOMELAND SECURITY, 

2 EMERGENCY PREPAREDNESS 

3 AND RESPONSE 

4 Subtitle A—Emergency 

5 Preparedness and Response 

6 CHAPTER 1—EMERGENCY 

7 PREPAREDNESS 

8 SEC. 101. ADEQUATE RADIO SPECTRUM FOR FIRST RE9 SPONDERS. 

10 (a) SHORT TITLE.—This chapter may be cited as the 

11 ‘‘Homeland Emergency Response Operations Act’’ or the 

12 ‘‘HERO Act’’. 

13 (b) PREVENTION OF DELAY IN REASSIGNMENT OF

14 24 MEGAHERTZ FOR PUBLIC SAFETY PURPOSES.—Sec15 tion 309(j)(14) of the Communications Act of 1934 (47 

16 U.S.C. 309(j)(14)) is amended by adding at the end the 

17 following new subparagraph: 

18 ‘‘(E) EXTENSIONS NOT PERMITTED FOR

19 CHANNELS (63, 64, 68 AND 69) REASSIGNED FOR

20 PUBLIC SAFETY SERVICES.—Notwithstanding 

21 subparagraph (B), the Commission shall not 

22 grant any extension under such subparagraph 

23 from the limitation of subparagraph (A) with 

24 respect to the frequencies assigned, pursuant to 

25 section 337(a)(1), for public safety services. 


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1 The Commission shall take all actions necessary 

2 to complete assignment of the electromagnetic 

3 spectrum between 764 and 776 megahertz, in4 clusive, and between 794 and 806 megahertz, 

5 inclusive, for public safety services and to per6 mit operations by public safety services on those 

7 frequencies commencing no later than January 

8 1, 2007.’’. 

9 SEC. 102. REPORT ON ESTABLISHING A UNIFIED INCIDENT 

10 COMMAND SYSTEM. 

11 (a) REPORT; CERTIFICATION.—Not later than 30 

12 days after the date of the enactment of this Act, and every 

13 30 days thereafter, the Secretary of Homeland Security 

14 shall submit to the relevant congressional committees a 

15 report on the recommendations of the 9/11 Commission 

16 and the policy goals of the Intelligence Reform and Ter17 rorism Prevention Act of 2004 (Public Law 108–458) 

18 with respect to establishing a unified incident command 

19 system. Such report shall include— 

20 (1) a certification by the Secretary of Home21 land Security that such recommendations have been 

22 implemented and such policy goals have been 

23 achieved; or 


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1 (2) if the Secretary of Homeland Security is 

2 unable to make the certification described in para3 graph (1), a description of— 

4 (A) the steps taken to implement such rec5 ommendations and achieve such policy goals; 

6 (B) when the Secretary of Homeland Secu7 rity expects such recommendations to be imple8 mented and such policy goals to be achieved; 

9 and 

10 (C) any allocation of resources or other ac11 tions by Congress the Director considers nec12 essary to implement such recommendations and 

13 achieve such policy goals. 

14 (b) TERMINATION OF DUTY TO REPORT.—The duty 

15 to submit a report under subsection (a) shall terminate 

16 when the Secretary of Homeland Security submits a cer17 tification pursuant to subsection (a)(1). 

18 (c) GAO REVIEW OF CERTIFICATION.—If the Sec19 retary of Homeland Security submits a certification pursu20 ant to subsection (a)(1), not later than 30 days after the 

21 submission of such certification, the Comptroller General 

22 shall submit to the relevant congressional committees a 

23 report on whether the recommendations described in sub24 section (a) have been implemented and whether the policy 

25 goals described in subsection (a) have been achieved. 


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1 SEC. 103. REPORT ON COMPLETING A NATIONAL CRITICAL 

2 INFRASTRUCTURE RISK AND 

3 VULNERABILITIES ASSESSMENT. 

4 (a) REPORT; CERTIFICATION.—Not later than 30 

5 days after the date of the enactment of this Act, and every 

6 30 days thereafter, the Secretary of Homeland Security 

7 shall submit to the relevant congressional committees a 

8 report on the recommendations of the 9/11 Commission 

9 and the policy goals of the Intelligence Reform and Ter10 rorism Prevention Act of 2004 (Public Law 108–458) 

11 with respect to completing a national critical infrastruc12 ture risk and vulnerabilities assessment. Such report shall 

13 include— 

14 (1) a certification by the Secretary of Home15 land Security that such recommendations have been 

16 implemented and such policy goals have been 

17 achieved; or 

18 (2) if the Secretary of Homeland Security is 

19 unable to make the certification described in para20 graph (1), a description of— 

21 (A) the steps taken to implement such rec22 ommendations and achieve such policy goals; 

23 (B) when the Secretary of Homeland Secu24 rity expects such recommendations to be imple25 mented and such policy goals to be achieved; 

26 and 


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1 (C) any allocation of resources or other ac2 tions by Congress the Director considers nec3 essary to implement such recommendations and 

4 achieve such policy goals. 

5 (b) TERMINATION OF DUTY TO REPORT.—The duty 

6 to submit a report under subsection (a) shall terminate 

7 when the Secretary of Homeland Security submits a cer8 tification pursuant to subsection (a)(1). 

9 (c) GAO REVIEW OF CERTIFICATION.—If the Sec10 retary of Homeland Security submits a certification pursu11 ant to subsection (a)(1), not later than 30 days after the 

12 submission of such certification, the Comptroller General 

13 shall submit to the relevant congressional committees a 

14 report on whether the recommendations described in sub15 section (a) have been implemented and whether the policy 

16 goals described in subsection (a) have been achieved. 

17 SEC. 104. PRIVATE SECTOR PREPAREDNESS. 

18 The Comptroller General of the United States shall 

19 submit to Congress by not later than 90 days after the 

20 date of the enactment of this Act— 

21 (1) a determination of what has been done to 

22 enhance private sector preparedness for terrorist at23 tack; and 


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1 (2) recommendations of any additional congres2 sional action or administrative action that is nec3 essary to enhance such preparedness. 

4 SEC. 105. RELEVANT CONGRESSIONAL COMMITTEES DE5 FINED. 

6 In this chapter, the term ‘‘relevant congressional 

7 committees’’ means the Committee on Homeland Security, 

8 the Committee on Government Reform, and the Com9 mittee on Transportation and Infrastructure of the House 

10 of Representatives and the Committee on Homeland Secu11 rity and Government Affairs and the Committee on Envi12 ronment and Public Works of the Senate. 

13 CHAPTER 2—ASSISTANCE FOR FIRST 

14 RESPONDERS 

15 SEC. 111. SHORT TITLE. 

16 This chapter may be cited as the ‘‘Faster and Smart17 er Funding for First Responders Act of 2006’’. 

18 SEC. 112. FINDINGS. 

19 Congress makes the following findings: 

20 (1) In order to achieve its objective of pre21 venting, minimizing the damage from, and assisting 

22 in the recovery from terrorist attacks, the Depart23 ment of Homeland Security must play a leading role 

24 in assisting communities to reach the level of preVerDate Aug 31 2005 00:17 Sep 14, 2006 Jkt 049200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\S3875.PCS S3875

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1 paredness they need to prevent and respond to a ter2 rorist attack. 

3 (2) First responder funding is not reaching the 

4 men and women of our Nation’s first response teams 

5 quickly enough, and sometimes not at all. 

6 (3) To reform the current bureaucratic process 

7 so that homeland security dollars reach the first re8 sponders who need it most, it is necessary to clarify 

9 and consolidate the authority and procedures of the 

10 Department of Homeland Security that support first 

11 responders. 

12 (4) Ensuring adequate resources for the new 

13 national mission of homeland security, without de14 grading the ability to address effectively other types 

15 of major disasters and emergencies, requires a dis16 crete and separate grant making process for home17 land security funds for first response to terrorist 

18 acts, on the one hand, and for first responder pro19 grams designed to meet pre-September 11 priorities, 

20 on the other. 

21 (5) While a discrete homeland security grant 

22 making process is necessary to ensure proper focus 

23 on the unique aspects of terrorism preparedness, it 

24 is essential that State and local strategies for uti25 lizing such grants be integrated, to the greatest exVerDate Aug 31 2005 00:17 Sep 14, 2006 Jkt 049200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S3875.PCS S3875

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1 tent practicable, with existing State and local emer2 gency management plans. 

3 (6) Homeland security grants to first respond4 ers must be based on the best intelligence con5 cerning the capabilities and intentions of our ter6 rorist enemies, and that intelligence must be used to 

7 target resources to the Nation’s greatest threats, 

8 vulnerabilities, and consequences. 

9 (7) The Nation’s first response capabilities will 

10 be improved by sharing resources, training, plan11 ning, personnel, and equipment among neighboring 

12 jurisdictions through mutual aid agreements and re13 gional cooperation. Such regional cooperation should 

14 be supported, where appropriate, through direct 

15 grants from the Department of Homeland Security. 

16 (8) An essential prerequisite to achieving the 

17 Nation’s homeland security objectives for first re18 sponders is the establishment of well-defined na19 tional goals for terrorism preparedness. These goals 

20 should delineate the essential capabilities that every 

21 jurisdiction in the United States should possess or 

22 to which it should have access. 

23 (9) A national determination of essential capa24 bilities is needed to identify levels of State and local 

25 government terrorism preparedness, to determine 


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1 the nature and extent of State and local first re2 sponder needs, to identify the human and financial 

3 resources required to fulfill them, to direct funding 

4 to meet those needs, and to measure preparedness 

5 levels on a national scale. 

6 (10) To facilitate progress in achieving, main7 taining, and enhancing essential capabilities for 

8 State and local first responders, the Department of 

9 Homeland Security should seek to allocate homeland 

10 security funding for first responders to meet nation11 wide needs. 

12 (11) Private sector resources and citizen volun13 teers can perform critical functions in assisting in 

14 preventing and responding to terrorist attacks, and 

15 should be integrated into State and local planning 

16 efforts to ensure that their capabilities and roles are 

17 understood, so as to provide enhanced State and 

18 local operational capability and surge capacity. 

19 (12) Public-private partnerships, such as the 

20 partnerships between the Business Executives for 

21 National Security and the States of New Jersey and 

22 Georgia, can be useful to identify and coordinate pri23 vate sector support for State and local first respond24 ers. Such models should be expanded to cover all 

25 States and territories. 


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1 (13) An important aspect of terrorism pre2 paredness is measurability, so that it is possible to 

3 determine how prepared a State or local government 

4 is now, and what additional steps it needs to take, 

5 in order to prevent, prepare for, respond to, mitigate 

6 against, and recover from acts of terrorism. 

7 (14) The Department of Homeland Security 

8 should establish, publish, and regularly update na9 tional voluntary consensus standards for both equip10 ment and training, in cooperation with both public 

11 and private sector standard setting organizations, to 

12 assist State and local governments in obtaining the 

13 equipment and training to attain the essential capa14 bilities for first response to acts of terrorism, and to 

15 ensure that first responder funds are spent wisely. 

16 SEC. 113. FASTER AND SMARTER FUNDING FOR FIRST RE17 SPONDERS. 

18 (a) IN GENERAL.—The Homeland Security Act of 

19 2002 (Public Law 107–296; 6 U.S.C. 361 et seq.) is 

20 amended— 

21 (1) in section 1(b) in the table of contents by 

22 adding at the end the following: 

‘‘TITLE XVIII—FUNDING FOR FIRST RESPONDERS 

‘‘Sec. 1801. Definitions. 

‘‘Sec. 1802. Faster and Smarter Funding for First Responders. 

‘‘Sec. 1803. Covered grant eligibility and criteria. 

‘‘Sec. 1804. Risk-based evaluation and prioritization. 

‘‘Sec. 1805. Task Force on Terrorism Preparedness for First Responders. 

‘‘Sec. 1806. Use of funds and accountability requirements. 


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‘‘Sec. 1807. National standards for first responder equipment and training.’’; 

and 

1 and 

2 (2) by adding at the end the following: 

3 ‘‘TITLE XVIII—FUNDING FOR 

4 FIRST RESPONDERS 

5 ‘‘SEC. 1801. DEFINITIONS. 

6 ‘‘In this title: 

7 ‘‘(1) BOARD.—The term ‘Board’ means the 

8 First Responder Grants Board established under 

9 section 1804. 

10 ‘‘(2) COVERED GRANT.—The term ‘covered 

11 grant’ means any grant to which this title applies 

12 under section 1802. 

13 ‘‘(3) DIRECTLY ELIGIBLE TRIBE.—The term 

14 ‘directly eligible tribe’ means any Indian tribe or 

15 consortium of Indian tribes that— 

16 ‘‘(A) meets the criteria for inclusion in the 

17 qualified applicant pool for Self-Governance 

18 that are set forth in section 402(c) of the In19 dian Self-Determination and Education Assist20 ance Act (25 U.S.C. 458bb(c)); 

21 ‘‘(B) employs at least 10 full-time per22 sonnel in a law enforcement or emergency re23 sponse agency with the capacity to respond to 


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1 calls for law enforcement or emergency services; 

2 and 

3 ‘‘(C)(i) is located on, or within 5 miles of, 

4 an international border or waterway; 

5 ‘‘(ii) is located within 5 miles of a facility 

6 designated as high-risk critical infrastructure 

7 by the Secretary; 

8 ‘‘(iii) is located within or contiguous to one 

9 of the 50 largest metropolitan statistical areas 

10 in the United States; or 

11 ‘‘(iv) has more than 1,000 square miles of 

12 Indian country, as that term is defined in sec13 tion 1151 of title 18, United States Code. 

14 ‘‘(4) ELEVATIONS IN THE THREAT ALERT

15 LEVEL.—The term ‘elevations in the threat alert 

16 level’ means any designation (including those that 

17 are less than national in scope) that raises the 

18 homeland security threat level to either the highest 

19 or second highest threat level under the Homeland 

20 Security Advisory System referred to in section 

21 201(d)(7). 

22 ‘‘(5) EMERGENCY PREPAREDNESS.—The term 

23 ‘emergency preparedness’ shall have the same mean24 ing that term has under section 602 of the Robert 


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1 T. Stafford Disaster Relief and Emergency Assist2 ance Act (42 U.S.C. 5195a). 

3 ‘‘(6) ESSENTIAL CAPABILITIES.—The term ‘es4 sential capabilities’ means the levels, availability, 

5 and competence of emergency personnel, planning, 

6 training, and equipment across a variety of dis7 ciplines needed to effectively and efficiently prevent, 

8 prepare for, respond to, and recover from acts of 

9 terrorism consistent with established practices. 

10 ‘‘(7) FIRST RESPONDER.—The term ‘first re11 sponder’ shall have the same meaning as the term 

12 ‘emergency response provider’. 

13 ‘‘(8) INDIAN TRIBE.—The term ‘Indian tribe’ 

14 means any Indian tribe, band, nation, or other orga15 nized group or community, including any Alaskan 

16 Native village or regional or village corporation as 

17 defined in or established pursuant to the Alaskan 

18 Native Claims Settlement Act (43 U.S.C. 1601 et 

19 seq.), which is recognized as eligible for the special 

20 programs and services provided by the United States 

21 to Indians because of their status as Indians. 

22 ‘‘(9) REGION.—The term ‘region’ means— 

23 ‘‘(A) any geographic area consisting of all 

24 or parts of 2 or more contiguous States, coun25 ties, municipalities, or other local governments 


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1 that have a combined population of at least 

2 1,650,000 or have an area of not less than 

3 20,000 square miles, and that, for purposes of 

4 an application for a covered grant, is rep5 resented by 1 or more governments or govern6 mental agencies within such geographic area, 

7 and that is established by law or by agreement 

8 of 2 or more such governments or governmental 

9 agencies in a mutual aid agreement; or 

10 ‘‘(B) any other combination of contiguous 

11 local government units (including such a com12 bination established by law or agreement of two 

13 or more governments or governmental agencies 

14 in a mutual aid agreement) that is formally cer15 tified by the Secretary as a region for purposes 

16 of this title with the consent of— 

17 ‘‘(i) the State or States in which they 

18 are located, including a multi-State entity 

19 established by a compact between two or 

20 more States; and 

21 ‘‘(ii) the incorporated municipalities, 

22 counties, and parishes that they encom23 pass. 


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1 ‘‘(10) TASK FORCE.—The term ‘Task Force’ 

2 means the Task Force on Terrorism Preparedness 

3 for First Responders established under section 1805. 

4 ‘‘(11) TERRORISM PREPAREDNESS.—The term 

5 ‘terrorism preparedness’ means any activity designed 

6 to improve the ability to prevent, prepare for, re7 spond to, mitigate against, or recover from threat8 ened or actual terrorist attacks. 

9 ‘‘SEC. 1802. FASTER AND SMARTER FUNDING FOR FIRST RE10 SPONDERS. 

11 ‘‘(a) COVERED GRANTS.—This title applies to grants 

12 provided by the Department to States, regions, or directly 

13 eligible tribes for the primary purpose of improving the 

14 ability of first responders to prevent, prepare for, respond 

15 to, mitigate against, or recover from threatened or actual 

16 terrorist attacks, especially those involving weapons of 

17 mass destruction, administered under the following: 

18 ‘‘(1) STATE HOMELAND SECURITY GRANT PRO19 GRAM.—The State Homeland Security Grant Pro20 gram of the Department, or any successor to such 

21 grant program. 

22 ‘‘(2) URBAN AREA SECURITY INITIATIVE.—The 

23 Urban Area Security Initiative of the Department, 

24 or any successor to such grant program. 


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1 ‘‘(3) LAW ENFORCEMENT TERRORISM PREVEN2 TION PROGRAM.—The Law Enforcement Terrorism 

3 Prevention Program of the Department, or any suc4 cessor to such grant program. 

5 ‘‘(b) EXCLUDED PROGRAMS.—This title does not 

6 apply to or otherwise affect the following Federal grant 

7 programs or any grant under such a program: 

8 ‘‘(1) NONDEPARTMENT PROGRAMS.—Any Fed9 eral grant program that is not administered by the 

10 Department. 

11 ‘‘(2) FIRE GRANT PROGRAMS.—The fire grant 

12 programs authorized by sections 33 and 34 of the 

13 Federal Fire Prevention and Control Act of 1974 

14 (15 U.S.C. 2229, 2229a). 

15 ‘‘(3) EMERGENCY MANAGEMENT PLANNING

16 AND ASSISTANCE ACCOUNT GRANTS.—The Emer17 gency Management Performance Grant program and 

18 the Urban Search and Rescue Grants program au19 thorized by title VI of the Robert T. Stafford Dis20 aster Relief and Emergency Assistance Act (42 

21 U.S.C. 5195 et seq.); the Departments of Veterans 

22 Affairs and Housing and Urban Development, and 

23 Independent Agencies Appropriations Act, 2000 

24 (113 Stat. 1047 et seq.); and the Earthquake HazVerDate Aug 31 2005 00:17 Sep 14, 2006 Jkt 049200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\S3875.PCS S3875

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1 ards Reduction Act of 1977 (42 U.S.C. 7701 et 

2 seq.). 

3 ‘‘SEC. 1803. COVERED GRANT ELIGIBILITY AND CRITERIA. 

4 ‘‘(a) GRANT ELIGIBILITY.—Any State, region, or di5 rectly eligible tribe shall be eligible to apply for a covered 

6 grant. 

7 ‘‘(b) GRANT CRITERIA.—The Secretary shall award 

8 covered grants to assist States and local governments in 

9 achieving, maintaining, and enhancing the essential capa10 bilities for terrorism preparedness established by the Sec11 retary. 

12 ‘‘(c) STATE HOMELAND SECURITY PLANS.— 

13 ‘‘(1) SUBMISSION OF PLANS.—The Secretary 

14 shall require that any State applying to the Sec15 retary for a covered grant must submit to the Sec16 retary a 3-year State homeland security plan that— 

17 ‘‘(A) describes the essential capabilities 

18 that communities within the State should pos19 sess, or to which they should have access, based 

20 upon the terrorism risk factors relevant to such 

21 communities, in order to meet the Department’s 

22 goals for terrorism preparedness; 

23 ‘‘(B) demonstrates the extent to which the 

24 State has achieved the essential capabilities 

25 that apply to the State; 


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1 ‘‘(C) demonstrates the needs of the State 

2 necessary to achieve, maintain, or enhance the 

3 essential capabilities that apply to the State; 

4 ‘‘(D) includes a prioritization of such needs 

5 based on threat, vulnerability, and consequence 

6 assessment factors applicable to the State; 

7 ‘‘(E) describes how the State intends— 

8 ‘‘(i) to address such needs at the city, 

9 county, regional, tribal, State, and inter10 state level, including a precise description 

11 of any regional structure the State has es12 tablished for the purpose of organizing 

13 homeland security preparedness activities 

14 funded by covered grants; 

15 ‘‘(ii) to use all Federal, State, and 

16 local resources available for the purpose of 

17 addressing such needs; and 

18 ‘‘(iii) to give particular emphasis to 

19 regional planning and cooperation, includ20 ing the activities of multijurisdictional 

21 planning agencies governed by local offi22 cials, both within its jurisdictional borders 

23 and with neighboring States; 

24 ‘‘(F) with respect to the emergency pre25 paredness of first responders, addresses the 


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1 unique aspects of terrorism as part of a com2 prehensive State emergency management plan; 

3 and 

4 ‘‘(G) provides for coordination of response 

5 and recovery efforts at the local level, including 

6 procedures for effective incident command in 

7 conformance with the National Incident Man8 agement System. 

9 ‘‘(2) CONSULTATION.—The State plan sub10 mitted under paragraph (1) shall be developed in 

11 consultation with and subject to appropriate com12 ment by local governments and first responders 

13 within the State. 

14 ‘‘(3) APPROVAL BY SECRETARY.—The Sec15 retary may not award any covered grant to a State 

16 unless the Secretary has approved the applicable 

17 State homeland security plan. 

18 ‘‘(4) REVISIONS.—A State may revise the appli19 cable State homeland security plan approved by the 

20 Secretary under this subsection, subject to approval 

21 of the revision by the Secretary. 

22 ‘‘(d) CONSISTENCY WITH STATE PLANS.—The Sec23 retary shall ensure that each covered grant is used to sup24 plement and support, in a consistent and coordinated 


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1 manner, the applicable State homeland security plan or 

2 plans. 

3 ‘‘(e) APPLICATION FOR GRANT.— 

4 ‘‘(1) IN GENERAL.—Except as otherwise pro5 vided in this subsection, any State, region, or di6 rectly eligible tribe may apply for a covered grant by 

7 submitting to the Secretary an application at such 

8 time, in such manner, and containing such informa9 tion as is required under this subsection, or as the 

10 Secretary may reasonably require. 

11 ‘‘(2) DEADLINES FOR APPLICATIONS AND

12 AWARDS.—All applications for covered grants must 

13 be submitted at such time as the Secretary may rea14 sonably require for the fiscal year for which they are 

15 submitted. The Secretary shall award covered grants 

16 pursuant to all approved applications for such fiscal 

17 year as soon as practicable, but not later than 

18 March 1 of such year. 

19 ‘‘(3) AVAILABILITY OF FUNDS.—All funds 

20 awarded by the Secretary under covered grants in a 

21 fiscal year shall be available for obligation through 

22 the end of the subsequent fiscal year. 

23 ‘‘(4) MINIMUM CONTENTS OF APPLICATION.— 

24 The Secretary shall require that each applicant in25 clude in its application, at a minimum— 


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1 ‘‘(A) the purpose for which the applicant 

2 seeks covered grant funds and the reasons why 

3 the applicant needs the covered grant to meet 

4 the essential capabilities for terrorism prepared5 ness within the State, region, or directly eligible 

6 tribe to which the application pertains; 

7 ‘‘(B) a description of how, by reference to 

8 the applicable State homeland security plan or 

9 plans under subsection (c), the allocation of 

10 grant funding proposed in the application, in11 cluding, where applicable, the amount not 

12 passed through under section 1806(g)(1), would 

13 assist in fulfilling the essential capabilities for 

14 terrorism preparedness specified in such plan or 

15 plans; 

16 ‘‘(C) a statement of whether a mutual aid 

17 agreement applies to the use of all or any por18 tion of the covered grant funds; 

19 ‘‘(D) if the applicant is a State, a descrip20 tion of how the State plans to allocate the cov21 ered grant funds to regions, local governments, 

22 and Indian tribes; 

23 ‘‘(E) if the applicant is a region— 

24 ‘‘(i) a precise geographical description 

25 of the region and a specification of all parVerDate Aug 31 2005 00:17 Sep 14, 2006 Jkt 049200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\S3875.PCS S3875

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1 ticipating and nonparticipating local gov2 ernments within the geographical area 

3 comprising that region; 

4 ‘‘(ii) a specification of what govern5 mental entity within the region will admin6 ister the expenditure of funds under the 

7 covered grant; and 

8 ‘‘(iii) a designation of a specific indi9 vidual to serve as regional liaison; 

10 ‘‘(F) a capital budget showing how the ap11 plicant intends to allocate and expend the cov12 ered grant funds; 

13 ‘‘(G) if the applicant is a directly eligible 

14 tribe, a designation of a specific individual to 

15 serve as the tribal liaison; and 

16 ‘‘(H) a statement of how the applicant in17 tends to meet the matching requirement, if any, 

18 that applies under section 1806(g)(2). 

19 ‘‘(5) REGIONAL APPLICATIONS.— 

20 ‘‘(A) RELATIONSHIP TO STATE APPLICA21 TIONS.—A regional application— 

22 ‘‘(i) shall be coordinated with an ap23 plication submitted by the State or States 

24 of which such region is a part; 


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1 ‘‘(ii) shall supplement and avoid dupli2 cation with such State application; and 

3 ‘‘(iii) shall address the unique regional 

4 aspects of such region’s terrorism pre5 paredness needs beyond those provided for 

6 in the application of such State or States. 

7 ‘‘(B) STATE REVIEW AND SUBMISSION.— 

8 To ensure the consistency required under sub9 section (d) and the coordination required under 

10 subparagraph (A) of this paragraph, an appli11 cant that is a region must submit its applica12 tion to each State of which any part is included 

13 in the region for review and concurrence prior 

14 to the submission of such application to the 

15 Secretary. The regional application shall be 

16 transmitted to the Secretary through each such 

17 State within 30 days of its receipt, unless the 

18 Governor of such a State notifies the Secretary, 

19 in writing, that such regional application is in20 consistent with the State’s homeland security 

21 plan and provides an explanation of the reasons 

22 therefor. 

23 ‘‘(C) DISTRIBUTION OF REGIONAL

24 AWARDS.—If the Secretary approves a regional 

25 application, then the Secretary shall distribute 


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1 a regional award to the State or States submit2 ting the applicable regional application under 

3 subparagraph (B), and each such State shall, 

4 not later than the end of the 45-day period be5 ginning on the date after receiving a regional 

6 award, pass through to the region all covered 

7 grant funds or resources purchased with such 

8 funds, except those funds necessary for the 

9 State to carry out its responsibilities with re10 spect to such regional application. However in 

11 no such case shall the State or States pass 

12 through to the region less than 80 percent of 

13 the regional award. 

14 ‘‘(D) CERTIFICATIONS REGARDING DIS15 TRIBUTION OF GRANT FUNDS TO REGIONS.— 

16 Any State that receives a regional award under 

17 subparagraph (C) shall certify to the Secretary, 

18 by not later than 30 days after the expiration 

19 of the period described in subparagraph (C) 

20 with respect to the grant, that the State has 

21 made available to the region the required funds 

22 and resources in accordance with subparagraph 

23 (C). 

24 ‘‘(E) DIRECT PAYMENTS TO REGIONS.—If 

25 any State fails to pass through a regional 


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1 award to a region as required by subparagraph 

2 (C) within 45 days after receiving such award 

3 and does not request or receive an extension of 

4 such period under section 1806(h)(2), the re5 gion may petition the Secretary to receive di6 rectly the portion of the regional award that is 

7 required to be passed through to such region 

8 under subparagraph (C). 

9 ‘‘(F) REGIONAL LIAISONS.—A regional li10 aison designated under paragraph (4)(E)(iii) 

11 shall— 

12 ‘‘(i) coordinate with Federal, State, 

13 local, regional, and private officials within 

14 the region concerning terrorism prepared15 ness; 

16 ‘‘(ii) develop a process for receiving 

17 input from Federal, State, local, regional, 

18 and private sector officials within the re19 gion to assist in the development of the re20 gional application and to improve the re21 gion’s access to covered grants; and 

22 ‘‘(iii) administer, in consultation with 

23 State, local, regional, and private officials 

24 within the region, covered grants awarded 

25 to the region. 


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1 ‘‘(6) TRIBAL APPLICATIONS.— 

2 ‘‘(A) SUBMISSION TO THE STATE OR

3 STATES.—To ensure the consistency required 

4 under subsection (d), an applicant that is a di5 rectly eligible tribe must submit its application 

6 to each State within the boundaries of which 

7 any part of such tribe is located for direct sub8 mission to the Department along with the appli9 cation of such State or States. 

10 ‘‘(B) OPPORTUNITY FOR STATE COM11 MENT.—Before awarding any covered grant to 

12 a directly eligible tribe, the Secretary shall pro13 vide an opportunity to each State within the 

14 boundaries of which any part of such tribe is lo15 cated to comment to the Secretary on the con16 sistency of the tribe’s application with the 

17 State’s homeland security plan. Any such com18 ments shall be submitted to the Secretary con19 currently with the submission of the State and 

20 tribal applications. 

21 ‘‘(C) FINAL AUTHORITY.—The Secretary 

22 shall have final authority to determine the con23 sistency of any application of a directly eligible 

24 tribe with the applicable State homeland secu25 rity plan or plans, and to approve any applicaVerDate Aug 31 2005 00:17 Sep 14, 2006 Jkt 049200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\S3875.PCS S3875

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1 tion of such tribe. The Secretary shall notify 

2 each State within the boundaries of which any 

3 part of such tribe is located of the approval of 

4 an application by such tribe. 

5 ‘‘(D) TRIBAL LIAISON.—A tribal liaison 

6 designated under paragraph (4)(G) shall— 

7 ‘‘(i) coordinate with Federal, State, 

8 local, regional, and private officials con9 cerning terrorism preparedness; 

10 ‘‘(ii) develop a process for receiving 

11 input from Federal, State, local, regional, 

12 and private sector officials to assist in the 

13 development of the application of such 

14 tribe and to improve the tribe’s access to 

15 covered grants; and 

16 ‘‘(iii) administer, in consultation with 

17 State, local, regional, and private officials, 

18 covered grants awarded to such tribe. 

19 ‘‘(E) LIMITATION ON THE NUMBER OF DI20 RECT GRANTS.—The Secretary may make cov21 ered grants directly to not more than 20 di22 rectly eligible tribes per fiscal year. 

23 ‘‘(F) TRIBES NOT RECEIVING DIRECT

24 GRANTS.—An Indian tribe that does not receive 

25 a grant directly under this section is eligible to 


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1 receive funds under a covered grant from the 

2 State or States within the boundaries of which 

3 any part of such tribe is located, consistent with 

4 the homeland security plan of the State as de5 scribed in subsection (c). If a State fails to 

6 comply with section 1806(g)(1), the tribe may 

7 request payment under section 1806(h)(3) in 

8 the same manner as a local government. 

9 ‘‘(7) EQUIPMENT STANDARDS.—If an applicant 

10 for a covered grant proposes to upgrade or purchase, 

11 with assistance provided under the grant, new equip12 ment or systems that do not meet or exceed any ap13 plicable national voluntary consensus standards es14 tablished by the Secretary, the applicant shall in15 clude in the application an explanation of why such 

16 equipment or systems will serve the needs of the ap17 plicant better than equipment or systems that meet 

18 or exceed such standards. 

19 ‘‘SEC. 1804. RISK-BASED EVALUATION AND 

20 PRIORITIZATION. 

21 ‘‘(a) FIRST RESPONDER GRANTS BOARD.— 

22 ‘‘(1) ESTABLISHMENT OF BOARD.—The Sec23 retary shall establish a First Responder Grants 

24 Board, consisting of— 

25 ‘‘(A) the Secretary; 


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1 ‘‘(B) the Under Secretary for Emergency 

2 Preparedness and Response; 

3 ‘‘(C) the Under Secretary for Border and 

4 Transportation Security; 

5 ‘‘(D) the Under Secretary for Information 

6 Analysis and Infrastructure Protection; 

7 ‘‘(E) the Under Secretary for Science and 

8 Technology; 

9 ‘‘(F) the Director of the Office for Domes10 tic Preparedness; 

11 ‘‘(G) the Administrator of the United 

12 States Fire Administration; and 

13 ‘‘(H) the Administrator of the Animal and 

14 Plant Health Inspection Service. 

15 ‘‘(2) CHAIRMAN.— 

16 ‘‘(A) IN GENERAL.—The Secretary shall be 

17 the Chairman of the Board. 

18 ‘‘(B) EXERCISE OF AUTHORITIES BY DEP19 UTY SECRETARY.—The Deputy Secretary of 

20 Homeland Security may exercise the authorities 

21 of the Chairman, if the Secretary so directs. 

22 ‘‘(b) FUNCTIONS OF UNDER SECRETARIES.—The 

23 Under Secretaries referred to in subsection (a)(1) shall 

24 seek to ensure that the relevant expertise and input of the 


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1 staff of their directorates are available to and considered 

2 by the Board. 

3 ‘‘(c) PRIORITIZATION OF GRANT APPLICATIONS.— 

4 ‘‘(1) FACTORS TO BE CONSIDERED.—The 

5 Board shall evaluate and annually prioritize all 

6 pending applications for covered grants based upon 

7 the degree to which they would, by achieving, main8 taining, or enhancing the essential capabilities of the 

9 applicants on a nationwide basis, lessen the threat 

10 to, vulnerability of, and consequences for persons 

11 (including transient commuting and tourist popu12 lations) and critical infrastructure. Such evaluation 

13 and prioritization shall be based upon the most cur14 rent risk assessment available by the Directorate for 

15 Information Analysis and Infrastructure Protection 

16 of the threats of terrorism against the United 

17 States. The Board shall coordinate with State, local, 

18 regional, and tribal officials in establishing criteria 

19 for evaluating and prioritizing applications for cov20 ered grants. 

21 ‘‘(2) CRITICAL INFRASTRUCTURE SECTORS.— 

22 The Board specifically shall consider threats of ter23 rorism against the following critical infrastructure 

24 sectors in all areas of the United States, urban and 

25 rural: 


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1 ‘‘(A) Agriculture and food. 

2 ‘‘(B) Banking and finance. 

3 ‘‘(C) Chemical industries. 

4 ‘‘(D) The defense industrial base. 

5 ‘‘(E) Emergency services. 

6 ‘‘(F) Energy. 

7 ‘‘(G) Government facilities. 

8 ‘‘(H) Postal and shipping. 

9 ‘‘(I) Public health and health care. 

10 ‘‘(J) Information technology. 

11 ‘‘(K) Telecommunications. 

12 ‘‘(L) Transportation systems. 

13 ‘‘(M) Water. 

14 ‘‘(N) Dams. 

15 ‘‘(O) Commercial facilities. 

16 ‘‘(P) National monuments and icons. 

17 The order in which the critical infrastructure sectors 

18 are listed in this paragraph shall not be construed 

19 as an order of priority for consideration of the im20 portance of such sectors. 

21 ‘‘(3) TYPES OF THREAT.—The Board specifi22 cally shall consider the following types of threat to 

23 the critical infrastructure sectors described in para24 graph (2), and to populations in all areas of the 

25 United States, urban and rural: 


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1 ‘‘(A) Biological threats. 

2 ‘‘(B) Nuclear threats. 

3 ‘‘(C) Radiological threats. 

4 ‘‘(D) Incendiary threats. 

5 ‘‘(E) Chemical threats. 

6 ‘‘(F) Explosives. 

7 ‘‘(G) Suicide bombers. 

8 ‘‘(H) Cyber threats. 

9 ‘‘(I) Any other threats based on proximity 

10 to specific past acts of terrorism or the known 

11 activity of any terrorist group. 

12 The order in which the types of threat are listed in 

13 this paragraph shall not be construed as an order of 

14 priority for consideration of the importance of such 

15 threats. 

16 ‘‘(4) CONSIDERATION OF ADDITIONAL FAC17 TORS.—The Board shall take into account any other 

18 specific threat to a population (including a transient 

19 commuting or tourist population) or critical infra20 structure sector that the Board has determined to 

21 exist. In evaluating the threat to a population or 

22 critical infrastructure sector, the Board shall give 

23 greater weight to threats of terrorism based upon 

24 their specificity and credibility, including any pat25 tern of repetition. 


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1 ‘‘(5) MINIMUM AMOUNTS.—After evaluating 

2 and prioritizing grant applications under paragraph 

3 (1), the Board shall ensure that, for each fiscal 

4 year— 

5 ‘‘(A) each of the States, other than the 

6 Virgin Islands, American Samoa, Guam, and 

7 the Northern Mariana Islands, that has an ap8 proved State homeland security plan receives no 

9 less than 0.25 percent of the funds available for 

10 covered grants for that fiscal year for purposes 

11 of implementing its homeland security plan in 

12 accordance with the prioritization of needs 

13 under section 1803(c)(1)(D); 

14 ‘‘(B) each of the States, other than the 

15 Virgin Islands, American Samoa, Guam, and 

16 the Northern Mariana Islands, that has an ap17 proved State homeland security plan and that 

18 meets one or both of the additional high-risk 

19 qualifying criteria under paragraph (6) receives 

20 no less than 0.45 percent of the funds available 

21 for covered grants for that fiscal year for pur22 poses of implementing its homeland security 

23 plan in accordance with the prioritization of 

24 needs under section 1803(c)(1)(D); 


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1 ‘‘(C) the Virgin Islands, American Samoa, 

2 Guam, and the Northern Mariana Islands each 

3 receives no less than 0.08 percent of the funds 

4 available for covered grants for that fiscal year 

5 for purposes of implementing its approved State 

6 homeland security plan in accordance with the 

7 prioritization of needs under section 

8 1803(c)(1)(D); and 

9 ‘‘(D) directly eligible tribes collectively re10 ceive no less than 0.08 percent of the funds 

11 available for covered grants for such fiscal year 

12 for purposes of addressing the needs identified 

13 in the applications of such tribes, consistent 

14 with the homeland security plan of each State 

15 within the boundaries of which any part of any 

16 such tribe is located, except that this clause 

17 shall not apply with respect to funds available 

18 for a fiscal year if the Secretary receives less 

19 than 5 applications for such fiscal year from 

20 such tribes under section 1803(e)(6)(A) or does 

21 not approve at least one such application. 

22 ‘‘(6) ADDITIONAL HIGH-RISK QUALIFYING CRI23 TERIA.—For purposes of paragraph (5)(B), addi24 tional high-risk qualifying criteria consist of— 


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1 ‘‘(A) having a significant international 

2 land border; or 

3 ‘‘(B) adjoining a body of water within 

4 North America through which an international 

5 boundary line extends. 

6 ‘‘(d) EFFECT OF REGIONAL AWARDS ON STATE MIN7 IMUM.—Any regional award, or portion thereof, provided 

8 to a State under section 1803(e)(5)(C) shall not be consid9 ered in calculating the minimum State award under sub10 section (c)(5) of this section. 

11 ‘‘SEC. 1805. TASK FORCE ON TERRORISM PREPAREDNESS 

12 FOR FIRST RESPONDERS. 

13 ‘‘(a) ESTABLISHMENT.—To assist the Secretary in 

14 updating, revising, or replacing essential capabilities for 

15 terrorism preparedness, the Secretary shall establish an 

16 advisory body pursuant to section 871(a) not later than 

17 60 days after the date of the enactment of this section, 

18 which shall be known as the Task Force on Terrorism Pre19 paredness for First Responders. 

20 ‘‘(b) UPDATE, REVISE, OR REPLACE.—The Secretary 

21 shall regularly update, revise, or replace the essential ca22 pabilities for terrorism preparedness as necessary, but not 

23 less than every 3 years. 

24 ‘‘(c) REPORT.— 


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1 ‘‘(1) IN GENERAL.—The Task Force shall sub2 mit to the Secretary, by not later than 12 months 

3 after its establishment by the Secretary under sub4 section (a) and not later than every 2 years there5 after, a report on its recommendations for essential 

6 capabilities for terrorism preparedness. 

7 ‘‘(2) CONTENTS.—Each report shall— 

8 ‘‘(A) include a priority ranking of essential 

9 capabilities in order to provide guidance to the 

10 Secretary and to the Congress on determining 

11 the appropriate allocation of, and funding levels 

12 for, first responder needs; 

13 ‘‘(B) set forth a methodology by which any 

14 State or local government will be able to deter15 mine the extent to which it possesses or has ac16 cess to the essential capabilities that States and 

17 local governments having similar risks should 

18 obtain; 

19 ‘‘(C) describe the availability of national 

20 voluntary consensus standards, and whether 

21 there is a need for new national voluntary con22 sensus standards, with respect to first re23 sponder training and equipment; 

24 ‘‘(D) include such additional matters as 

25 the Secretary may specify in order to further 


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1 the terrorism preparedness capabilities of first 

2 responders; and 

3 ‘‘(E) include such revisions to the contents 

4 of previous reports as are necessary to take into 

5 account changes in the most current risk as6 sessment available by the Directorate for Infor7 mation Analysis and Infrastructure Protection 

8 or other relevant information as determined by 

9 the Secretary. 

10 ‘‘(3) CONSISTENCY WITH FEDERAL WORKING

11 GROUP.—The Task Force shall ensure that its rec12 ommendations for essential capabilities for terrorism 

13 preparedness are, to the extent feasible, consistent 

14 with any preparedness goals or recommendations of 

15 the Federal working group established under section 

16 319F(a) of the Public Health Service Act (42 U.S.C. 

17 247d–6(a)). 

18 ‘‘(4) COMPREHENSIVENESS.—The Task Force 

19 shall ensure that its recommendations regarding es20 sential capabilities for terrorism preparedness are 

21 made within the context of a comprehensive State 

22 emergency management system. 

23 ‘‘(5) PRIOR MEASURES.—The Task Force shall 

24 ensure that its recommendations regarding essential 

25 capabilities for terrorism preparedness take into acVerDate Aug 31 2005 00:17 Sep 14, 2006 Jkt 049200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\S3875.PCS S3875

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1 count any capabilities that State or local officials 

2 have determined to be essential and have undertaken 

3 since September 11, 2001, to prevent, prepare for, 

4 respond to, or recover from terrorist attacks. 

5 ‘‘(d) MEMBERSHIP.— 

6 ‘‘(1) IN GENERAL.—The Task Force shall con7 sist of 25 members appointed by the Secretary, and 

8 shall, to the extent practicable, represent a geo9 graphic (including urban and rural) and substantive 

10 cross section of governmental and nongovernmental 

11 first responder disciplines from the State and local 

12 levels, including as appropriate— 

13 ‘‘(A) members selected from the emergency 

14 response field, including fire service and law en15 forcement, hazardous materials response, emer16 gency medical services, and emergency manage17 ment personnel (including public works per18 sonnel routinely engaged in emergency re19 sponse); 

20 ‘‘(B) health scientists, emergency and in21 patient medical providers, and public health 

22 professionals, including experts in emergency 

23 health care response to chemical, biological, ra24 diological, and nuclear terrorism, and experts in 


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1 providing mental health care during emergency 

2 response operations; 

3 ‘‘(C) experts from Federal, State, and local 

4 governments, and the private sector, rep5 resenting standards-setting organizations, in6 cluding representation from the voluntary con7 sensus codes and standards development com8 munity, particularly those with expertise in first 

9 responder disciplines; and 

10 ‘‘(D) State and local officials with exper11 tise in terrorism preparedness, subject to the 

12 condition that if any such official is an elected 

13 official representing one of the two major polit14 ical parties, an equal number of elected officials 

15 shall be selected from each such party. 

16 ‘‘(2) COORDINATION WITH THE DEPARTMENT

17 OF HEALTH AND HEALTH SERVICES.—In the selec18 tion of members of the Task Force who are health 

19 professionals, including emergency medical profes20 sionals, the Secretary shall coordinate such selection 

21 with the Secretary of Health and Human Services. 

22 ‘‘(3) EX OFFICIO MEMBERS.—The Secretary 

23 and the Secretary of Health and Human Services 

24 shall each designate one or more officers of their re25 spective Departments to serve as ex officio members 


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1 of the Task Force. One of the ex officio members 

2 from the Department of Homeland Security shall be 

3 the designated officer of the Federal Government for 

4 purposes of subsection (e) of section 10 of the Fed5 eral Advisory Committee Act (5 App. U.S.C.). 

6 ‘‘(e) APPLICABILITY OF FEDERAL ADVISORY COM7 MITTEE ACT.—Notwithstanding section 871(a), the Fed8 eral Advisory Committee Act (5 App. U.S.C.), including 

9 subsections (a), (b), and (d) of section 10 of such Act, 

10 and section 552b(c) of title 5, United States Code, shall 

11 apply to the Task Force. 

12 ‘‘SEC. 1806. USE OF FUNDS AND ACCOUNTABILITY RE13 QUIREMENTS. 

14 ‘‘(a) IN GENERAL.—A covered grant may be used 

15 for— 

16 ‘‘(1) purchasing or upgrading equipment, in17 cluding computer software, to enhance terrorism 

18 preparedness; 

19 ‘‘(2) exercises to strengthen terrorism prepared20 ness; 

21 ‘‘(3) training for prevention (including detec22 tion) of, preparedness for, response to, or recovery 

23 from attacks involving weapons of mass destruction, 

24 including training in the use of equipment and com25 puter software; 


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1 ‘‘(4) developing or updating State homeland se2 curity plans, risk assessments, mutual aid agree3 ments, and emergency management plans to enhance 

4 terrorism preparedness; 

5 ‘‘(5) establishing or enhancing mechanisms for 

6 sharing terrorism threat information; 

7 ‘‘(6) systems architecture and engineering, pro8 gram planning and management, strategy formula9 tion and strategic planning, life-cycle systems de10 sign, product and technology evaluation, and proto11 type development for terrorism preparedness pur12 poses; 

13 ‘‘(7) additional personnel costs resulting from— 

14 ‘‘(A) elevations in the threat alert level of 

15 the Homeland Security Advisory System by the 

16 Secretary, or a similar elevation in threat alert 

17 level issued by a State, region, or local govern18 ment with the approval of the Secretary; 

19 ‘‘(B) travel to and participation in exer20 cises and training in the use of equipment and 

21 on prevention activities; and 

22 ‘‘(C) the temporary replacement of per23 sonnel during any period of travel to and par24 ticipation in exercises and training in the use of 

25 equipment and on prevention activities; 


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1 ‘‘(8) the costs of equipment (including software) 

2 required to receive, transmit, handle, and store clas3 sified information; 

4 ‘‘(9) protecting critical infrastructure against 

5 potential attack by the addition of barriers, fences, 

6 gates, and other such devices, except that the cost 

7 of such measures may not exceed the greater of— 

8 ‘‘(A) $1,000,000 per project; or 

9 ‘‘(B) such greater amount as may be ap10 proved by the Secretary, which may not exceed 

11 10 percent of the total amount of the covered 

12 grant; 

13 ‘‘(10) the costs of commercially available inter14 operable communications equipment (which, where 

15 applicable, is based on national, voluntary consensus 

16 standards) that the Secretary, in consultation with 

17 the Chairman of the Federal Communications Com18 mission, deems best suited to facilitate interoper19 ability, coordination, and integration between and 

20 among emergency communications systems, and that 

21 complies with prevailing grant guidance of the De22 partment for interoperable communications; 

23 ‘‘(11) educational curricula development for 

24 first responders to ensure that they are prepared for 

25 terrorist attacks; 


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1 ‘‘(12) training and exercises to assist public ele2 mentary and secondary schools in developing and 

3 implementing programs to instruct students regard4 ing age-appropriate skills to prevent, prepare for, re5 spond to, mitigate against, or recover from an act of 

6 terrorism; 

7 ‘‘(13) paying of administrative expenses directly 

8 related to administration of the grant, except that 

9 such expenses may not exceed 3 percent of the 

10 amount of the grant; 

11 ‘‘(14) paying for the conduct of any activity 

12 permitted under the Law Enforcement Terrorism 

13 Prevention Program, or any such successor to such 

14 program; and 

15 ‘‘(15) other appropriate activities as determined 

16 by the Secretary. 

17 ‘‘(b) PROHIBITED USES.—Funds provided as a cov18 ered grant may not be used— 

19 ‘‘(1) to supplant State or local funds; 

20 ‘‘(2) to construct buildings or other physical fa21 cilities; 

22 ‘‘(3) to acquire land; or 

23 ‘‘(4) for any State or local government cost 

24 sharing contribution. 


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1 ‘‘(c) MULTIPLE-PURPOSE FUNDS.—Nothing in this 

2 section shall be construed to preclude State and local gov3 ernments from using covered grant funds in a manner 

4 that also enhances first responder preparedness for emer5 gencies and disasters unrelated to acts of terrorism, if 

6 such use assists such governments in achieving essential 

7 capabilities for terrorism preparedness established by the 

8 Secretary. 

9 ‘‘(d) REIMBURSEMENT OF COSTS.—(1) In addition 

10 to the activities described in subsection (a), a covered 

11 grant may be used to provide a reasonable stipend to paid12 on-call or volunteer first responders who are not otherwise 

13 compensated for travel to or participation in training cov14 ered by this section. Any such reimbursement shall not 

15 be considered compensation for purposes of rendering 

16 such a first responder an employee under the Fair Labor 

17 Standards Act of 1938 (29 U.S.C. 201 et seq.). 

18 ‘‘(2) An applicant for a covered grant may petition 

19 the Secretary for the reimbursement of the cost of any 

20 activity relating to prevention (including detection) of, pre21 paredness for, response to, or recovery from acts of ter22 rorism that is a Federal duty and usually performed by 

23 a Federal agency, and that is being performed by a State 

24 or local government (or both) under agreement with a 

25 Federal agency. 


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1 ‘‘(e) ASSISTANCE REQUIREMENT.—The Secretary 

2 may not require that equipment paid for, wholly or in part, 

3 with funds provided as a covered grant be made available 

4 for responding to emergencies in surrounding States, re5 gions, and localities, unless the Secretary undertakes to 

6 pay the costs directly attributable to transporting and op7 erating such equipment during such response. 

8 ‘‘(f) FLEXIBILITY IN UNSPENT HOMELAND SECU9 RITY GRANT FUNDS.—Upon request by the recipient of 

10 a covered grant, the Secretary may authorize the grantee 

11 to transfer all or part of funds provided as the covered 

12 grant from uses specified in the grant agreement to other 

13 uses authorized under this section, if the Secretary deter14 mines that such transfer is in the interests of homeland 

15 security. 

16 ‘‘(g) STATE, REGIONAL, AND TRIBAL RESPONSIBIL17 ITIES.— 

18 ‘‘(1) PASS-THROUGH.—The Secretary shall re19 quire a recipient of a covered grant that is a State 

20 to obligate or otherwise make available to local gov21 ernments, first responders, and other local groups, 

22 to the extent required under the State homeland se23 curity plan or plans specified in the application for 

24 the grant, not less than 80 percent of the grant 

25 funds, resources purchased with the grant funds 


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1 having a value equal to at least 80 percent of the 

2 amount of the grant, or a combination thereof, by 

3 not later than the end of the 45-day period begin4 ning on the date the grant recipient receives the 

5 grant funds. 

6 ‘‘(2) COST SHARING.— 

7 ‘‘(A) IN GENERAL.—The Federal share of 

8 the costs of an activity carried out with a cov9 ered grant to a State, region, or directly eligible 

10 tribe awarded after the 2-year period beginning 

11 on the date of the enactment of this section 

12 shall not exceed 75 percent. 

13 ‘‘(B) INTERIM RULE.—The Federal share 

14 of the costs of an activity carried out with a 

15 covered grant awarded before the end of the 2- 

16 year period beginning on the date of the enact17 ment of this section shall be 100 percent. 

18 ‘‘(C) IN-KIND MATCHING.—Each recipient 

19 of a covered grant may meet the matching re20 quirement under subparagraph (A) by making 

21 in-kind contributions of goods or services that 

22 are directly linked with the purpose for which 

23 the grant is made, including, but not limited to, 

24 any necessary personnel overtime, contractor 


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1 services, administrative costs, equipment fuel 

2 and maintenance, and rental space. 

3 ‘‘(3) CERTIFICATIONS REGARDING DISTRIBU4 TION OF GRANT FUNDS TO LOCAL GOVERNMENTS.— 

5 Any State that receives a covered grant shall certify 

6 to the Secretary, by not later than 30 days after the 

7 expiration of the period described in paragraph (1) 

8 with respect to the grant, that the State has made 

9 available for expenditure by local governments, first 

10 responders, and other local groups the required 

11 amount of grant funds pursuant to paragraph (1). 

12 ‘‘(4) QUARTERLY REPORT ON HOMELAND SECU13 RITY SPENDING.—The Federal share described in 

14 paragraph (2)(A) may be increased by up to 2 per15 cent for any State, region, or directly eligible tribe 

16 that, not later than 30 days after the end of each 

17 fiscal quarter, submits to the Secretary a report on 

18 that fiscal quarter. Each such report must include, 

19 for each recipient of a covered grant or a pass20 through under paragraph (1)— 

21 ‘‘(A) the amount obligated to that recipient 

22 in that quarter; 

23 ‘‘(B) the amount expended by that recipi24 ent in that quarter; and 


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1 ‘‘(C) a summary description of the items 

2 purchased by such recipient with such amount. 

3 ‘‘(5) ANNUAL REPORT ON HOMELAND SECU4 RITY SPENDING.—Each recipient of a covered grant 

5 shall submit an annual report to the Secretary not 

6 later than 60 days after the end of each Federal fis7 cal year. Each recipient of a covered grant that is 

8 a region must simultaneously submit its report to 

9 each State of which any part is included in the re10 gion. Each recipient of a covered grant that is a di11 rectly eligible tribe must simultaneously submit its 

12 report to each State within the boundaries of which 

13 any part of such tribe is located. Each report must 

14 include the following: 

15 ‘‘(A) The amount, ultimate recipients, and 

16 dates of receipt of all funds received under the 

17 grant during the previous fiscal year. 

18 ‘‘(B) The amount and the dates of dis19 bursements of all such funds expended in com20 pliance with paragraph (1) or pursuant to mu21 tual aid agreements or other sharing arrange22 ments that apply within the State, region, or di23 rectly eligible tribe, as applicable, during the 

24 previous fiscal year. 


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1 ‘‘(C) How the funds were utilized by each 

2 ultimate recipient or beneficiary during the pre3 ceding fiscal year. 

4 ‘‘(D) The extent to which essential capa5 bilities identified in the applicable State home6 land security plan or plans were achieved, main7 tained, or enhanced as the result of the expend8 iture of grant funds during the preceding fiscal 

9 year. 

10 ‘‘(E) The extent to which essential capa11 bilities identified in the applicable State home12 land security plan or plans remain unmet. 

13 ‘‘(6) INCLUSION OF RESTRICTED ANNEXES.—A 

14 recipient of a covered grant may submit to the Sec15 retary an annex to the annual report under para16 graph (5) that is subject to appropriate handling re17 strictions, if the recipient believes that discussion in 

18 the report of unmet needs would reveal sensitive but 

19 unclassified information. 

20 ‘‘(7) PROVISION OF REPORTS.—The Secretary 

21 shall ensure that each annual report under para22 graph (5) is provided to the Under Secretary for 

23 Emergency Preparedness and Response and the Di24 rector of the Office for Domestic Preparedness. 


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1 ‘‘(h) INCENTIVES TO EFFICIENT ADMINISTRATION

2 OF HOMELAND SECURITY GRANTS.— 

3 ‘‘(1) PENALTIES FOR DELAY IN PASSING

4 THROUGH LOCAL SHARE.—If a recipient of a cov5 ered grant that is a State fails to pass through to 

6 local governments, first responders, and other local 

7 groups funds or resources required by subsection 

8 (g)(1) within 45 days after receiving funds under 

9 the grant, the Secretary may— 

10 ‘‘(A) reduce grant payments to the grant 

11 recipient from the portion of grant funds that 

12 is not required to be passed through under sub13 section (g)(1); 

14 ‘‘(B) terminate payment of funds under 

15 the grant to the recipient, and transfer the ap16 propriate portion of those funds directly to local 

17 first responders that were intended to receive 

18 funding under that grant; or 

19 ‘‘(C) impose additional restrictions or bur20 dens on the recipient’s use of funds under the 

21 grant, which may include— 

22 ‘‘(i) prohibiting use of such funds to 

23 pay the grant recipient’s grant-related 

24 overtime or other expenses; 


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1 ‘‘(ii) requiring the grant recipient to 

2 distribute to local government beneficiaries 

3 all or a portion of grant funds that are not 

4 required to be passed through under sub5 section (g)(1); or 

6 ‘‘(iii) for each day that the grant re7 cipient fails to pass through funds or re8 sources in accordance with subsection 

9 (g)(1), reducing grant payments to the 

10 grant recipient from the portion of grant 

11 funds that is not required to be passed 

12 through under subsection (g)(1), except 

13 that the total amount of such reduction 

14 may not exceed 20 percent of the total 

15 amount of the grant. 

16 ‘‘(2) EXTENSION OF PERIOD.—The Governor of 

17 a State may request in writing that the Secretary 

18 extend the 45-day period under section 

19 1803(e)(5)(E) or paragraph (1) for an additional 

20 15-day period. The Secretary may approve such a 

21 request, and may extend such period for additional 

22 15-day periods, if the Secretary determines that the 

23 resulting delay in providing grant funding to the 

24 local government entities that will receive funding 

25 under the grant will not have a significant detriVerDate Aug 31 2005 00:17 Sep 14, 2006 Jkt 049200 PO 00000 Frm 00061 Fmt 6652 Sfmt 6201 E:\BILLS\S3875.PCS S3875

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1 mental impact on such entities’ terrorism prepared2 ness efforts. 

3 ‘‘(3) PROVISION OF NON-LOCAL SHARE TO

4 LOCAL GOVERNMENT.— 

5 ‘‘(A) IN GENERAL.—The Secretary may 

6 upon request by a local government pay to the 

7 local government a portion of the amount of a 

8 covered grant awarded to a State in which the 

9 local government is located, if— 

10 ‘‘(i) the local government will use the 

11 amount paid to expedite planned enhance12 ments to its terrorism preparedness as de13 scribed in any applicable State homeland 

14 security plan or plans; 

15 ‘‘(ii) the State has failed to pass 

16 through funds or resources in accordance 

17 with subsection (g)(1); and 

18 ‘‘(iii) the local government complies 

19 with subparagraphs (B) and (C). 

20 ‘‘(B) SHOWING REQUIRED.—To receive a 

21 payment under this paragraph, a local govern22 ment must demonstrate that— 

23 ‘‘(i) it is identified explicitly as an ul24 timate recipient or intended beneficiary in 

25 the approved grant application; 


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1 ‘‘(ii) it was intended by the grantee to 

2 receive a severable portion of the overall 

3 grant for a specific purpose that is identi4 fied in the grant application; 

5 ‘‘(iii) it petitioned the grantee for the 

6 funds or resources after expiration of the 

7 period within which the funds or resources 

8 were required to be passed through under 

9 subsection (g)(1); and 

10 ‘‘(iv) it did not receive the portion of 

11 the overall grant that was earmarked or 

12 designated for its use or benefit. 

13 ‘‘(C) EFFECT OF PAYMENT.—Payment of 

14 grant funds to a local government under this 

15 paragraph— 

16 ‘‘(i) shall not affect any payment to 

17 another local government under this para18 graph; and 

19 ‘‘(ii) shall not prejudice consideration 

20 of a request for payment under this para21 graph that is submitted by another local 

22 government. 

23 ‘‘(D) DEADLINE FOR ACTION BY SEC24 RETARY.—The Secretary shall approve or dis25 approve each request for payment under this 


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1 paragraph by not later than 15 days after the 

2 date the request is received by the Department. 

3 ‘‘(i) REPORTS TO CONGRESS.—The Secretary shall 

4 submit an annual report to the Congress by January 31 

5 of each year covering the preceding fiscal year— 

6 ‘‘(1) describing in detail the amount of Federal 

7 funds provided as covered grants that were directed 

8 to each State, region, and directly eligible tribe in 

9 the preceding fiscal year; 

10 ‘‘(2) containing information on the use of such 

11 grant funds by grantees; and 

12 ‘‘(3) describing— 

13 ‘‘(A) the Nation’s progress in achieving, 

14 maintaining, and enhancing the essential capa15 bilities established by the Secretary as a result 

16 of the expenditure of covered grant funds dur17 ing the preceding fiscal year; and 

18 ‘‘(B) an estimate of the amount of expend19 itures required to attain across the United 

20 States the essential capabilities established by 

21 the Secretary. 

22 ‘‘SEC. 1807. NATIONAL STANDARDS FOR FIRST RESPONDER 

23 EQUIPMENT AND TRAINING. 

24 ‘‘(a) EQUIPMENT STANDARDS.— 


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1 ‘‘(1) IN GENERAL.—The Secretary, in consulta2 tion with the Under Secretaries for Emergency Pre3 paredness and Response and Science and Tech4 nology and the Director of the Office for Domestic 

5 Preparedness, shall, not later than 6 months after 

6 the date of the enactment of this section, support 

7 the development of, promulgate, and update as nec8 essary national voluntary consensus standards for 

9 the performance, use, and validation of first re10 sponder equipment for purposes of section 

11 1805(e)(7). Such standards— 

12 ‘‘(A) shall be, to the maximum extent prac13 ticable, consistent with any existing voluntary 

14 consensus standards; 

15 ‘‘(B) shall take into account, as appro16 priate, new types of terrorism threats that may 

17 not have been contemplated when such existing 

18 standards were developed; 

19 ‘‘(C) shall be focused on maximizing inter20 operability, interchangeability, durability, flexi21 bility, efficiency, efficacy, portability, sustain22 ability, and safety; and 

23 ‘‘(D) shall cover all appropriate uses of the 

24 equipment. 


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1 ‘‘(2) REQUIRED CATEGORIES.—In carrying out 

2 paragraph (1), the Secretary shall specifically con3 sider the following categories of first responder 

4 equipment: 

5 ‘‘(A) Thermal imaging equipment. 

6 ‘‘(B) Radiation detection and analysis 

7 equipment. 

8 ‘‘(C) Biological detection and analysis 

9 equipment. 

10 ‘‘(D) Chemical detection and analysis 

11 equipment. 

12 ‘‘(E) Decontamination and sterilization 

13 equipment. 

14 ‘‘(F) Personal protective equipment, in15 cluding garments, boots, gloves, and hoods and 

16 other protective clothing. 

17 ‘‘(G) Respiratory protection equipment. 

18 ‘‘(H) Interoperable communications, in19 cluding wireless and wireline voice, video, and 

20 data networks. 

21 ‘‘(I) Explosive mitigation devices and ex22 plosive detection and analysis equipment. 

23 ‘‘(J) Containment vessels. 

24 ‘‘(K) Contaminant-resistant vehicles. 


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1 ‘‘(L) Such other equipment for which the 

2 Secretary determines that national voluntary 

3 consensus standards would be appropriate. 

4 ‘‘(b) TRAINING STANDARDS.— 

5 ‘‘(1) IN GENERAL.—The Secretary, in consulta6 tion with the Under Secretaries for Emergency Pre7 paredness and Response and Science and Tech8 nology and the Director of the Office for Domestic 

9 Preparedness, shall support the development of, pro10 mulgate, and regularly update as necessary national 

11 voluntary consensus standards for first responder 

12 training carried out with amounts provided under 

13 covered grant programs, that will enable State and 

14 local government first responders to achieve optimal 

15 levels of terrorism preparedness as quickly as prac16 ticable. Such standards shall give priority to pro17 viding training to— 

18 ‘‘(A) enable first responders to prevent, 

19 prepare for, respond to, mitigate against, and 

20 recover from terrorist threats, including threats 

21 from chemical, biological, nuclear, and radio22 logical weapons and explosive devices capable of 

23 inflicting significant human casualties; and 

24 ‘‘(B) familiarize first responders with the 

25 proper use of equipment, including software, 


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1 developed pursuant to the standards established 

2 under subsection (a). 

3 ‘‘(2) REQUIRED CATEGORIES.—In carrying out 

4 paragraph (1), the Secretary specifically shall in5 clude the following categories of first responder ac6 tivities: 

7 ‘‘(A) Regional planning. 

8 ‘‘(B) Joint exercises. 

9 ‘‘(C) Intelligence collection, analysis, and 

10 sharing. 

11 ‘‘(D) Emergency notification of affected 

12 populations. 

13 ‘‘(E) Detection of biological, nuclear, radi14 ological, and chemical weapons of mass destruc15 tion. 

16 ‘‘(F) Such other activities for which the 

17 Secretary determines that national voluntary 

18 consensus training standards would be appro19 priate. 

20 ‘‘(3) CONSISTENCY.—In carrying out this sub21 section, the Secretary shall ensure that such training 

22 standards are consistent with the principles of emer23 gency preparedness for all hazards. 

24 ‘‘(c) CONSULTATION WITH STANDARDS ORGANIZA25 TIONS.—In establishing national voluntary consensus 


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1 standards for first responder equipment and training 

2 under this section, the Secretary shall consult with rel3 evant public and private sector groups, including— 

4 ‘‘(1) the National Institute of Standards and 

5 Technology; 

6 ‘‘(2) the National Fire Protection Association; 

7 ‘‘(3) the National Association of County and 

8 City Health Officials; 

9 ‘‘(4) the Association of State and Territorial 

10 Health Officials; 

11 ‘‘(5) the American National Standards Insti12 tute; 

13 ‘‘(6) the National Institute of Justice; 

14 ‘‘(7) the Inter-Agency Board for Equipment 

15 Standardization and Interoperability; 

16 ‘‘(8) the National Public Health Performance 

17 Standards Program; 

18 ‘‘(9) the National Institute for Occupational 

19 Safety and Health; 

20 ‘‘(10) ASTM International; 

21 ‘‘(11) the International Safety Equipment Asso22 ciation; 

23 ‘‘(12) the Emergency Management Accredita24 tion Program; and 


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1 ‘‘(13) to the extent the Secretary considers ap2 propriate, other national voluntary consensus stand3 ards development organizations, other interested 

4 Federal, State, and local agencies, and other inter5 ested persons. 

6 ‘‘(d) COORDINATION WITH SECRETARY OF HHS.— 

7 In establishing any national voluntary consensus stand8 ards under this section for first responder equipment or 

9 training that involve or relate to health professionals, in10 cluding emergency medical professionals, the Secretary 

11 shall coordinate activities under this section with the Sec12 retary of Health and Human Services.’’. 

13 (b) DEFINITION OF EMERGENCY RESPONSE PRO14 VIDERS.—Paragraph (6) of section 2 of the Homeland Se15 curity Act of 2002 (Public Law 107–296; 6 U.S.C. 

16 101(6)) is amended by striking ‘‘includes’’ and all that 

17 follows and inserting ‘‘includes Federal, State, and local 

18 governmental and nongovernmental emergency public 

19 safety, law enforcement, fire, emergency response, emer20 gency medical (including hospital emergency facilities), 

21 and related personnel, organizations, agencies, and au22 thorities.’’. 

23 SEC. 114. SUPERSEDED PROVISION. 

24 This chapter supersedes section 1014(c)(3) of Public 

25 Law 107–56. 


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1 SEC. 115. OVERSIGHT. 

2 The Secretary of Homeland Security shall establish 

3 within the Office for Domestic Preparedness an Office of 

4 the Comptroller to oversee the grants distribution process 

5 and the financial management of the Office for Domestic 

6 Preparedness. 

7 SEC. 116. GAO REPORT ON AN INVENTORY AND STATUS OF 

8 HOMELAND SECURITY FIRST RESPONDER 

9 TRAINING. 

10 (a) IN GENERAL.—The Comptroller General of the 

11 United States shall report to Congress in accordance with 

12 this section— 

13 (1) on the overall inventory and status of first 

14 responder training programs of the Department of 

15 Homeland Security and other departments and 

16 agencies of the Federal Government; and 

17 (2) the extent to which such programs are co18 ordinated. 

19 (b) CONTENTS OF REPORTS.—The reports under this 

20 section shall include— 

21 (1) an assessment of the effectiveness of the 

22 structure and organization of such training pro23 grams; 

24 (2) recommendations to— 


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1 (A) improve the coordination, structure, 

2 and organization of such training programs; 

3 and 

4 (B) increase the availability of training to 

5 first responders who are not able to attend cen6 tralized training programs; 

7 (3) the structure and organizational effective8 ness of such programs for first responders in rural 

9 communities; 

10 (4) identification of any duplication or redun11 dancy among such programs; 

12 (5) a description of the use of State and local 

13 training institutions, universities, centers, and the 

14 National Domestic Preparedness Consortium in de15 signing and providing training; 

16 (6) a cost-benefit analysis of the costs and time 

17 required for first responders to participate in train18 ing courses at Federal institutions; 

19 (7) an assessment of the approval process for 

20 certifying non-Department of Homeland Security 

21 training courses that are useful for anti-terrorism 

22 purposes as eligible for grants awarded by the De23 partment; 


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1 (8) a description of the use of Department of 

2 Homeland Security grant funds by States and local 

3 governments to acquire training; 

4 (9) an analysis of the feasibility of Federal, 

5 State, and local personnel to receive the training 

6 that is necessary to adopt the National Response 

7 Plan and the National Incident Management Sys8 tem; and 

9 (10) the role of each first responder training in10 stitution within the Department of Homeland Secu11 rity in the design and implementation of terrorism 

12 preparedness and related training courses for first 

13 responders. 

14 (c) DEADLINES.—The Comptroller General shall— 

15 (1) submit a report under subsection (a)(1) by 

16 not later than 60 days after the date of the enact17 ment of this Act; and 

18 (2) submit a report on the remainder of the 

19 topics required by this section by not later than 120 

20 days after the date of the enactment of this Act. 

21 SEC. 117. REMOVAL OF CIVIL LIABILITY BARRIERS THAT 

22 DISCOURAGE THE DONATION OF FIRE EQUIP23 MENT TO VOLUNTEER FIRE COMPANIES. 

24 (a) LIABILITY PROTECTION.—A person who donates 

25 fire control or fire rescue equipment to a volunteer fire 


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1 company shall not be liable for civil damages under any 

2 State or Federal law for personal injuries, property dam3 age or loss, or death caused by the equipment after the 

4 donation. 

5 (b) EXCEPTIONS.—Subsection (a) does not apply to 

6 a person if— 

7 (1) the person’s act or omission causing the in8 jury, damage, loss, or death constitutes gross neg9 ligence or intentional misconduct; or 

10 (2) the person is the manufacturer of the fire 

11 control or fire rescue equipment. 

12 (c) PREEMPTION.—This section preempts the laws of 

13 any State to the extent that such laws are inconsistent 

14 with this section, except that notwithstanding subsection 

15 (b) this section shall not preempt any State law that pro16 vides additional protection from liability for a person who 

17 donates fire control or fire rescue equipment to a volunteer 

18 fire company. 

19 (d) DEFINITIONS.—In this section: 

20 (1) PERSON.—The term ‘‘person’’ includes any 

21 governmental or other entity. 

22 (2) FIRE CONTROL OR RESCUE EQUIPMENT.— 

23 The term ‘‘fire control or fire rescue equipment’’ in24 cludes any fire vehicle, fire fighting tool, communicaVerDate Aug 31 2005 00:17 Sep 14, 2006 Jkt 049200 PO 00000 Frm 00074 Fmt 6652 Sfmt 6201 E:\BILLS\S3875.PCS S3875

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1 tions equipment, protective gear, fire hose, or 

2 breathing apparatus. 

3 (3) STATE.—The term ‘‘State’’ includes the 

4 several States, the District of Columbia, the Com5 monwealth of Puerto Rico, the Commonwealth of the 

6 Northern Mariana Islands, American Samoa, Guam, 

7 the Virgin Islands, any other territory or possession 

8 of the United States, and any political subdivision of 

9 any such State, territory, or possession. 

10 (4) VOLUNTEER FIRE COMPANY.—The term 

11 ‘‘volunteer fire company’’ means an association of 

12 individuals who provide fire protection and other 

13 emergency services, where at least 30 percent of the 

14 individuals receive little or no compensation com15 pared with an entry level full-time paid individual in 

16 that association or in the nearest such association 

17 with an entry level full-time paid individual. 

18 (e) EFFECTIVE DATE.—This section applies only to 

19 liability for injury, damage, loss, or death caused by equip20 ment that, for purposes of subsection (a), is donated on 

21 or after the date that is 30 days after the date of the 

22 enactment of this Act. 


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1 Subtitle B—Transportation 

2 Security 

3 SEC. 121. REPORT ON NATIONAL STRATEGY FOR TRANS4 PORTATION SECURITY. 

5 (a) REPORT; CERTIFICATION.—Not later than 30 

6 days after the date of the enactment of this Act, and every 

7 30 days thereafter, the Secretary of Transportation shall 

8 submit to the relevant congressional committees a report 

9 on the recommendations of the 9/11 Commission and the 

10 policy goals of the Intelligence Reform and Terrorism Pre11 vention Act of 2004 (Public Law 108–458) with respect 

12 to completion of a national strategy for transportation se13 curity. Such report shall include— 

14 (1) a certification by the Secretary of Transpor15 tation that such recommendations have been imple16 mented and such policy goals have been achieved; or 

17 (2) if the Secretary of Transportation is unable 

18 to make the certification described in paragraph (1), 

19 a description of— 

20 (A) the steps taken to implement such rec21 ommendations and achieve such policy goals; 

22 (B) when the Secretary expects such rec23 ommendations to be implemented and such pol24 icy goals to be achieved; and 


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1 (C) any allocation of resources or other ac2 tions by Congress the Secretary considers nec3 essary to implement such recommendations and 

4 achieve such policy goals. 

5 (b) TERMINATION OF DUTY TO REPORT.—The duty 

6 to submit a report under subsection (a) shall terminate 

7 when the Secretary of Transportation submits a certifi8 cation pursuant to subsection (a)(1). 

9 (c) GAO REVIEW OF CERTIFICATION.—If the Sec10 retary of Transportation submits a certification pursuant 

11 to subsection (a)(1), not later than 30 days after the sub12 mission of such certification, the Comptroller General 

13 shall submit to the relevant congressional committees a 

14 report on whether the recommendations described in such 

15 subsection (e) have been implemented and whether the 

16 policy goals described in subsection (a) have been 

17 achieved. 

18 SEC. 122. REPORT ON AIRLINE PASSENGER PRE-SCREEN19 ING. 

20 (a) REPORT; CERTIFICATION.—Not later than 30 

21 days after the date of the enactment of this Act, and every 

22 30 days thereafter, the Secretary of Transportation shall 

23 submit to the relevant congressional committees a report 

24 on the recommendations of the 9/11 Commission and the 

25 policy goals of the Intelligence Reform and Terrorism PreVerDate Aug 31 2005 00:17 Sep 14, 2006 Jkt 049200 PO 00000 Frm 00077 Fmt 6652 Sfmt 6201 E:\BILLS\S3875.PCS S3875

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1 vention Act of 2004 (Public Law 108–458) with respect 

2 to improving airline passenger pre-screening. Such report 

3 shall include— 

4 (1) a certification by the Secretary of Transpor5 tation that such recommendations have been imple6 mented and such policy goals have been achieved; or 

7 (2) if the Secretary of Transportation is unable 

8 to make the certification described in paragraph (1), 

9 a description of— 

10 (A) the steps taken to implement such rec11 ommendations and achieve such policy goals; 

12 (B) when the Secretary expects such rec13 ommendations to be implemented and such pol14 icy goals to be achieved; and 

15 (C) any allocation of resources or other ac16 tions by Congress the Secretary considers nec17 essary to implement such recommendations and 

18 achieve such policy goals. 

19 (b) TERMINATION OF DUTY TO REPORT.—The duty 

20 to submit a report under subsection (a) shall terminate 

21 when the Secretary of Transportation submits a certifi22 cation pursuant to subsection (a)(1). 

23 (c) GAO REVIEW OF CERTIFICATION.—If the Sec24 retary of Transportation submits a certification pursuant 

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1 mission of such certification, the Comptroller General 

2 shall submit to the relevant congressional committees a 

3 report on whether the recommendations described in sub4 section (a) have been implemented and whether the policy 

5 goals described in subsection (a) have been achieved. 

6 SEC. 123. REPORT ON DETECTION OF EXPLOSIVES AT AIR7 LINE SCREENING CHECKPOINTS. 

8 (a) REPORT; CERTIFICATION.—Not later than 30 

9 days after the date of the enactment of this Act, and every 

10 30 days thereafter, the Secretary of Transportation shall 

11 submit to the relevant congressional committees a report 

12 on the recommendations of the 9/11 Commission and the 

13 policy goals of the Intelligence Reform and Terrorism Pre14 vention Act of 2004 (Public Law 108–458) with respect 

15 to the improvement of airline screening checkpoints to de16 tect explosives. Such report shall include— 

17 (1) a certification by the Secretary of Transpor18 tation that such recommendations have been imple19 mented and such policy goals have been achieved; or 

20 (2) if the Secretary of Transportation is unable 

21 to make the certification described in paragraph (1), 

22 a description of— 

23 (A) the steps taken to implement such rec24 ommendations and achieve such policy goals; 


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1 (B) when the Secretary expects such rec2 ommendations to be implemented and such pol3 icy goals to be achieved; and 

4 (C) any allocation of resources or other ac5 tions by Congress the Secretary considers nec6 essary to implement such recommendations and 

7 achieve such policy goals. 

8 (b) TERMINATION OF DUTY TO REPORT.—The duty 

9 to submit a report under subsection (a) shall terminate 

10 when the Secretary of Transportation submits a certifi11 cation pursuant to subsection (a)(1). 

12 (c) GAO REVIEW OF CERTIFICATION.—If the Sec13 retary of Transportation submits a certification pursuant 

14 to subsection (a)(1), not later than 30 days after the sub15 mission of such certification, the Comptroller General 

16 shall submit to the relevant congressional committees a 

17 report on whether the recommendations described in sub18 section (a) have been implemented and whether the policy 

19 goals described in subsection (a) have been achieved. 

20 SEC. 124. REPORT ON COMPREHENSIVE SCREENING PRO21 GRAM. 

22 (a) REPORT; CERTIFICATION.—Not later than 30 

23 days after the date of the enactment of this Act, and every 

24 30 days thereafter, the Secretary of Transportation shall 

25 submit to the relevant congressional committees a report 


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1 on the recommendations of the 9/11 Commission and the 

2 policy goals of the Intelligence Reform and Terrorism Pre3 vention Act of 2004 (Public Law 108–458) with respect 

4 to implementation of a comprehensive screening program. 

5 Such report shall include— 

6 (1) a certification by the Secretary of Transpor7 tation that such recommendations have been imple8 mented and such policy goals have been achieved; or 

9 (2) if the Secretary of Transportation is unable 

10 to make the certification described in paragraph (1), 

11 a description of— 

12 (A) the steps taken to implement such rec13 ommendations and achieve such policy goals; 

14 (B) when the Secretary expects such rec15 ommendations to be implemented and such pol16 icy goals to be achieved; and 

17 (C) any allocation of resources or other ac18 tions by Congress the Secretary considers nec19 essary to implement such recommendations and 

20 achieve such policy goals. 

21 (b) TERMINATION OF DUTY TO REPORT.—The duty 

22 to submit a report under subsection (a) shall terminate 

23 when the Secretary of Transportation submits a certifi24 cation pursuant to subsection (a)(1). 


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1 (c) GAO REVIEW OF CERTIFICATION.—If the Sec2 retary of Transportation submits a certification pursuant 

3 to subsection (a)(1), not later than 30 days after the sub4 mission of such certification, the Comptroller General 

5 shall submit to the relevant congressional committees a 

6 report on whether the recommendations described in sub7 section (a) have been implemented and whether the policy 

8 goals described in subsection (a) have been achieved. 

9 SEC. 125. RELEVANT CONGRESSIONAL COMMITTEES DE10 FINED. 

11 In this subtitle, the term ‘‘relevant congressional 

12 committees’’ means— 

13 (1) the Committee on Homeland Security of the 

14 House of Representatives; 

15 (2) the Committee on Government Reform of 

16 the House of Representatives; 

17 (3) the Committee on Transportation and In18 frastructure of the House of Representatives; 

19 (4) the Committee on Homeland Security and 

20 Government Affairs of the Senate; and 

21 (5) the Committee on Environment and Public 

22 Works of the Senate. 


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1 Subtitle C—Border Security 

2 SEC. 131. COUNTERTERRORIST TRAVEL INTELLIGENCE. 

3 (a) REPORT; CERTIFICATION.—Not later than 30 

4 days after the date of the enactment of this Act, and every 

5 30 days thereafter, the Director of the National 

6 Counterterrorism Center shall submit to the relevant con7 gressional committees a report on the recommendations 

8 of the 9/11 Commission and the policy goals of the Intel9 ligence Reform and Terrorism Prevention Act of 2004 

10 (Public Law 108–458) with respect to improving collection 

11 and analysis of intelligence on terrorist travel. Each such 

12 report shall include— 

13 (1) a certification that such recommendations 

14 have been implemented and such policy goals have 

15 been achieved; or 

16 (2) if the Director of the National 

17 Counterterrorism Center is unable to make the cer18 tification described in paragraph (1), a description 

19 of— 

20 (A) the steps taken to implement such rec21 ommendations and achieve such policy goals; 

22 (B) when such recommendations are ex23 pected to be implemented and such policy goals 

24 to be achieved; and 


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1 (C) any allocation of resources or other ac2 tions by Congress considered necessary to im3 plement such recommendations and achieve 

4 such policy goals. 

5 (b) TERMINATION OF DUTY TO REPORT.—The duty 

6 of the Director of the National Counterterrorism Center 

7 to submit a report under subsection (a) shall terminate 

8 when the Secretary submits a certification pursuant to 

9 subsection (a)(1). The duty of the Director of National 

10 Intelligence to submit a report under subsection (a) shall 

11 terminate when the Director submits a certification pursu12 ant to subsection (a)(1). 

13 (c) GAO REVIEW OF CERTIFICATION.—If the Direc14 tor of the National Counterterrorism submits a certifi15 cation pursuant to subsection (a)(1), not later than 30 

16 days after the submission of such certification, the Comp17 troller General shall submit to the relevant congressional 

18 committees a report on whether the recommendations de19 scribed in subsection (a) have been implemented and 

20 whether the policy goals described in subsection (a) have 

21 been achieved. 

22 (d) RELEVANT CONGRESSIONAL COMMITTEES DE23 FINED.—In this section, the term ‘‘relevant congressional 

24 committees’’ means the following: 


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1 (1) The Committee on Homeland Security of 

2 the House of Representatives. 

3 (2) The Committee on Government Reform of 

4 the House of Representatives. 

5 (3) The Committee on Transportation and In6 frastructure of the House of Representatives. 

7 (4) The Committee on Homeland Security and 

8 Governmental Affairs of the Senate. 

9 (5) The Committee on Environment and Public 

10 Works of the Senate. 

11 (6) The Select Committee on Intelligence of the 

12 Senate. 

13 (7) The Permanent Select Committee on Intel14 ligence of the House of Representatives. 

15 SEC. 132. COMPREHENSIVE SCREENING SYSTEM. 

16 (a) REPORT; CERTIFICATION.—Not later than 30 

17 days after the date of the enactment of this Act, and every 

18 30 days thereafter, the Secretary of Homeland Security 

19 and the Secretary of Transportation shall each submit to 

20 the relevant congressional committees a report on the rec21 ommendations of the 9/11 Commission and the policy 

22 goals of the Intelligence Reform and Terrorism Prevention 

23 Act of 2004 (Public Law 108–458) with respect to the 

24 establishment of the comprehensive screening system deVerDate Aug 31 2005 00:17 Sep 14, 2006 Jkt 049200 PO 00000 Frm 00085 Fmt 6652 Sfmt 6201 E:\BILLS\S3875.PCS S3875

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1 scribed in Presidential Homeland Security Directive 11 

2 (dated August 27, 2004). Each such report shall include— 

3 (1) a certification that such recommendations 

4 have been implemented and such policy goals have 

5 been achieved; or 

6 (2) if either the Secretary of Homeland Secu7 rity or the Secretary of Transportation is unable to 

8 make the certification described in paragraph (1), a 

9 description of— 

10 (A) the steps taken to implement such rec11 ommendations and achieve such policy goals; 

12 (B) when such recommendations are ex13 pected to be implemented and such policy goals 

14 to be achieved; and 

15 (C) any allocation of resources or other ac16 tions by Congress considered necessary to im17 plement such recommendations and achieve 

18 such policy goals. 

19 (b) TERMINATION OF DUTY TO REPORT.—The duty 

20 of the Secretary of Homeland Security to submit a report 

21 under subsection (a) shall terminate when the Secretary 

22 of Homeland Security submits a certification pursuant to 

23 subsection (a)(1). The duty of the Secretary of Transpor24 tation to submit a report under subsection (a) shall termiVerDate Aug 31 2005 00:17 Sep 14, 2006 Jkt 049200 PO 00000 Frm 00086 Fmt 6652 Sfmt 6201 E:\BILLS\S3875.PCS S3875

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1 nate when the Secretary of Transportation submits a cer2 tification pursuant to subsection (a)(1). 

3 (c) GAO REVIEW OF CERTIFICATION.—If the Sec4 retary of Homeland Security and the Secretary of Trans5 portation both submit certifications pursuant to sub6 section (a)(1), not later than 30 days after the submission 

7 of such certifications, the Comptroller General shall sub8 mit to the relevant congressional committees a report on 

9 whether the recommendations described in subsection (a) 

10 have been implemented and whether the policy goals de11 scribed in subsection (a) have been achieved. 

12 (d) RELEVANT CONGRESSIONAL COMMITTEES DE13 FINED.—In this section, the term ‘‘relevant congressional 

14 committees’’ means the following: 

15 (1) The Committee on Homeland Security of 

16 the House of Representatives. 

17 (2) The Committee on Government Reform of 

18 the House of Representatives. 

19 (3) The Committee on Transportation and In20 frastructure of the House of Representatives. 

21 (4) The Committee on Homeland Security and 

22 Governmental Affairs of the Senate. 

23 (5) The Committee on Environment and Public 

24 Works of the Senate. 


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1 SEC. 133. BIOMETRIC ENTRY AND EXIT DATA SYSTEM. 

2 (a) REPORT; CERTIFICATION.—Not later than 30 

3 days after the date of the enactment of this Act, and every 

4 30 days thereafter, the Secretary of Homeland Security 

5 shall submit to the relevant congressional committees a 

6 report on the recommendations of the 9/11 Commission 

7 and the policy goals of the Intelligence Reform and Ter8 rorism Prevention Act of 2004 (Public Law 108–458) 

9 with respect to the completion of a biometric entry and 

10 exit data system. Each such report shall include— 

11 (1) a certification that such recommendations 

12 have been implemented and such policy goals have 

13 been achieved; or 

14 (2) if the Secretary of Homeland Security is 

15 unable to make the certification described in para16 graph (1), a description of— 

17 (A) the steps taken to implement such rec18 ommendations and achieve such policy goals; 

19 (B) when such recommendations are ex20 pected to be implemented and such policy goals 

21 to be achieved; and 

22 (C) any allocation of resources or other ac23 tions by Congress the Secretary considers nec24 essary to implement such recommendations and 

25 achieve such policy goals. 


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1 (b) TERMINATION OF DUTY TO REPORT.—The duty 

2 to submit a report under subsection (a) shall terminate 

3 when the Secretary of Homeland Security submits a cer4 tification pursuant to subsection (a)(1). 

5 (c) GAO REVIEW OF CERTIFICATION.—If the Sec6 retary of Homeland Security submits a certification pursu7 ant to subsection (a)(1), not later than 30 days after the 

8 submission of such certification, the Comptroller General 

9 shall submit to the relevant congressional committees a 

10 report on whether the recommendations described in sub11 section (a) have been implemented and whether the policy 

12 goals described in subsection (a) have been achieved. 

13 (d) RELEVANT CONGRESSIONAL COMMITTEES DE14 FINED.—In this section, the term ‘‘relevant congressional 

15 committees’’ means the following: 

16 (1) The Committee on Homeland Security of 

17 the House of Representatives. 

18 (2) The Committee on Government Reform of 

19 the House of Representatives. 

20 (3) The Committee on the Judiciary of the 

21 House of Representatives. 

22 (4) The Committee on Homeland Security and 

23 Governmental Affairs of the Senate. 

24 (5) The Committee on the Judiciary of the Sen25 ate. 


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1 SEC. 134. INTERNATIONAL COLLABORATION ON BORDER 

2 AND DOCUMENT SECURITY. 

3 (a) REPORT; CERTIFICATION.—Not later than 30 

4 days after the date of the enactment of this Act, and every 

5 30 days thereafter, the Secretary of Homeland Security 

6 and the Secretary of State shall each submit to the rel7 evant congressional committees a report on the rec8 ommendations of the 9/11 Commission and the policy 

9 goals of the Intelligence Reform and Terrorism Prevention 

10 Act of 2004 (Public Law 108–458) with respect to inter11 national collaboration on border and document security. 

12 Each such report shall include— 

13 (1) a certification that such recommendations 

14 have been implemented and such policy goals have 

15 been achieved; or 

16 (2) if either the Secretary of Homeland Secu17 rity or the Secretary of State is unable to make the 

18 certification described in paragraph (1), a descrip19 tion of— 

20 (A) the steps taken to implement such rec21 ommendations and achieve such policy goals; 

22 (B) when such recommendations are ex23 pected to be implemented and such policy goals 

24 to be achieved; and 

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1 plement such recommendations and achieve 

2 such policy goals. 

3 (b) TERMINATION OF DUTY TO REPORT.—The duty 

4 of the Secretary of Homeland Security to submit a report 

5 under subsection (a) shall terminate when the Secretary 

6 of Homeland Security submits a certification pursuant to 

7 subsection (a)(1). The duty of the Secretary of State to 

8 submit a report under subsection (a) shall terminate when 

9 the Secretary of State submits a certification pursuant to 

10 subsection (a)(1). 

11 (c) GAO REVIEW OF CERTIFICATION.—If the Sec12 retary of Homeland Security and the Secretary of State 

13 both submit certifications pursuant to subsection (a)(1), 

14 not later than 30 days after the submission of such certifi15 cations, the Comptroller General shall submit to the rel16 evant congressional committees a report on whether the 

17 recommendations described in subsection (a) have been 

18 implemented and whether the policy goals described in 

19 subsection (a) have been achieved. 

20 (d) WATCH LIST.—The Comptroller General shall 

21 submit to the relevant congressional committees a report 

22 assessing the sharing of the consolidated and integrated 

23 terrorist watch list maintained by the Federal Government 

24 with countries designated to participate in the visa waiver 


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1 program established under section 217 of the Immigration 

2 and Nationality Act (8 U.S.C. 1187). 

3 (e) FINGERPRINTING IN DOMESTIC AND FOREIGN

4 PASSPORTS.— 

5 (1) USE IN UNITED STATES PASSPORTS.— 

6 (A) IN GENERAL.—Section 215(b) of the 

7 Immigration and Nationality Act (8 U.S.C. 

8 1185(b)) is amended by inserting after ‘‘pass9 port’’ the following: ‘‘that contains the finger10 prints of the citizen involved’’. 

11 (B) EFFECTIVE DATE.—The amendment 

12 made by subparagraph (A) shall apply to pass13 ports issued on or after the date that is 90 days 

14 after the date of the enactment of this Act. 

15 (2) USE IN FOREIGN PASSPORTS.— 

16 (A) IN GENERAL.—Section 212(a)(7) of 

17 such Act (8 U.S.C. 1182(a)(7)) is amended by 

18 adding at the end the following new subpara19 graph: 

20 ‘‘(C) REQUIREMENT FOR FINGERPRINTS

21 ON PASSPORTS.—No passport of an alien shall 

22 be considered valid for purposes of subpara23 graph (A) or (B) unless the passport contains 

24 the fingerprints of the alien.’’. 


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1 (B) EFFECTIVE DATE.—The amendment 

2 made by subparagraph (A) shall apply to aliens 

3 applying for admission to the United States on 

4 or after the date that is 90 days after the date 

5 of the enactment of this Act. 

6 (f) RELEVANT CONGRESSIONAL COMMITTEES DE7 FINED.—In this section, the term ‘‘relevant congressional 

8 committees’’ means the following: 

9 (1) The Committee on Homeland Security of 

10 the House of Representatives. 

11 (2) The Committee on Government Reform of 

12 the House of Representatives. 

13 (3) The Committee on the International Rela14 tions of the House of Representatives. 

15 (4) The Committee on the Judiciary of the 

16 House of Representatives. 

17 (5) The Committee on Homeland Security and 

18 Governmental Affairs of the Senate. 

19 (6) The Committee on the Judiciary of the Sen20 ate. 

21 (7) The Committee on Foreign Relations of the 

22 Senate. 

23 SEC. 135. STANDARDIZATION OF SECURE IDENTIFICATION. 

24 (a) REPORT; CERTIFICATION.—Not later than 30 

25 days after the date of the enactment of this Act, and every 


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1 30 days thereafter, the Secretary of Homeland Security 

2 and the Secretary of Health and Human Services shall 

3 each submit to the relevant congressional committees a re4 port on the recommendations of the 9/11 Commission and 

5 the policy goals of the Intelligence Reform and Terrorism 

6 Prevention Act of 2004 (Public Law 108–458) with re7 spect to the establishment of standardization of secure 

8 identification. Each such report shall include— 

9 (1) a certification that such recommendations 

10 have been implemented and such policy goals have 

11 been achieved; or 

12 (2) if either the Secretary of Homeland Secu13 rity or the Secretary of Health and Human Services 

14 is unable to make the certification described in para15 graph (1), a description of— 

16 (A) the steps taken to implement such rec17 ommendations and achieve such policy goals; 

18 (B) when such recommendations are ex19 pected to be implemented and such policy goals 

20 to be achieved; and 

21 (C) any allocation of resources or other ac22 tions by Congress the Secretary considers nec23 essary to implement such recommendations and 

24 achieve such policy goals. 


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1 (b) TERMINATION OF DUTY TO REPORT.—The duty 

2 to submit a report under subsection (a) shall terminate— 

3 (1) for the Secretary of Homeland Security, 

4 when the Secretary of Homeland Security submits a 

5 certification pursuant to subsection (a)(1); and 

6 (2) for the Secretary of Health and Human 

7 Services, when the Secretary of Health and Human 

8 Services submits a certification pursuant to sub9 section (a)(1). 

10 (c) GAO REVIEW OF CERTIFICATION.—If the Sec11 retary of Homeland Security and the Secretary of Health 

12 and Human Services submit certifications pursuant to 

13 subsection (a)(1), not later than 30 days after the submis14 sion of such certifications, the Comptroller General shall 

15 submit to the relevant congressional committees a report 

16 on whether the recommendations described in subsection 

17 (a) have been implemented and whether the policy goals 

18 described in subsection (a) have been achieved. 

19 (d) RELEVANT CONGRESSIONAL COMMITTEES DE20 FINED.—In this section, the term ‘‘relevant congressional 

21 committees’’ means the following: 

22 (1) The Committee on Homeland Security of 

23 the House of Representatives. 

24 (2) The Committee on Government Reform of 

25 the House of Representatives. 


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1 (3) The Committee on the Judiciary of the 

2 House of Representatives. 

3 (4) The Committee on Ways and Means of the 

4 House of Representatives. 

5 (5) The Committee on Finance of the Senate. 

6 (6) The Committee on Homeland Security and 

7 Governmental Affairs of the Senate. 

8 SEC. 136. SECURITY ENHANCEMENTS FOR SOCIAL SECU9 RITY CARDS. 

10 (a) REPORT; CERTIFICATION.—Not later than 30 

11 days after the date of the enactment of this Act, and every 

12 30 days thereafter, the Commissioner of Social Security 

13 shall submit to the relevant congressional committees a 

14 report on the recommendations of the 9/11 Commission 

15 and the policy goals of the Intelligence Reform and Ter16 rorism Prevention Act of 2004 (Public Law 108–458) 

17 with respect to security enhancements for social security 

18 cards and the implementation of section 

19 205(c)(2)(C)(iv)(II) of the Social Security Act (42 U.S.C. 

20 405(c)(2)(C)(iv)(II)) (as added by section 7214 of the In21 telligence Reform and Terrorism Prevention Act of 2004 

22 (Public Law 108–458)). Each such report shall include— 

23 (1) a certification that such recommendations 

24 have been implemented and such policy goals have 

25 been achieved; or 


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1 (2) if the Commissioner of Social Security is 

2 unable to make the certification described in para3 graph (1), a description of— 

4 (A) the steps taken to implement such rec5 ommendations and achieve such policy goals; 

6 (B) when such recommendations are ex7 pected to be implemented and such policy goals 

8 to be achieved; and 

9 (C) any allocation of resources or other ac10 tions by Congress the Commissioner considers 

11 necessary to implement such recommendations 

12 and achieve such policy goals. 

13 (b) TERMINATION OF DUTY TO REPORT.—The duty 

14 to submit a report under subsection (a) shall terminate 

15 when the Commissioner of Social Security submits a cer16 tification pursuant to subsection (a)(1). 

17 (c) GAO REVIEW OF CERTIFICATION.—If the Com18 missioner of Social Security submits a certification pursu19 ant to subsection (a)(1), not later than 30 days after the 

20 submission of such certification, the Comptroller General 

21 shall submit to the relevant congressional committees a 

22 report on whether the recommendations described in sub23 section (a) have been implemented and whether the policy 

24 goals described in subsection (a) have been achieved. 


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1 (d) RELEVANT CONGRESSIONAL COMMITTEES DE2 FINED.—In this section, the term ‘‘relevant congressional 

3 committees’’ means the following: 

4 (1) The Committee on Homeland Security of 

5 the House of Representatives. 

6 (2) The Committee on Government Reform of 

7 the House of Representatives. 

8 (3) The Committee on the Judiciary of the 

9 House of Representatives. 

10 (4) The Committee on Ways and Means of the 

11 House of Representatives. 

12 (5) The Committee on Finance of the Senate. 

13 (6) The Committee on Homeland Security and 

14 Governmental Affairs of the Senate. 

15 Subtitle D—Homeland Security 

16 Appropriations 

17 SEC. 141. HOMELAND SECURITY APPROPRIATIONS. 

18 The following sums are appropriated, out of any 

19 money in the Treasury not otherwise appropriated, for the 

20 Department of Homeland Security for the fiscal year end21 ing September 30, 2007, and for other purposes, namely: 

22 CUSTOMS AND BORDER PROTECTION

23 For an additional amount for ‘‘Salaries and Ex24 penses’’, $571,000,000 for necessary expenses for border 

25 security, including for air asset replacement and air oper26 ations facilities upgrade, the acquisition, lease, mainteVerDate Aug 31 2005 03:06 Sep 14, 2006 Jkt 049200 PO 00000 Frm 00098 Fmt 6652 Sfmt 6201 E:\BILLS\S3875.PCS S3875

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1 nance, and operation of vehicles. construction, and radi2 ation portal monitors. 

3 UNITED STATES CITIZENSHIP AND IMMIGRATION

4 SERVICES

5 For an additional amount for citizenship and immi6 gration services, $87,000,000 for necessary expenses, in7 cluding for business transformation and fraud detection. 

8 TRANSPORTATION SECURITY ADMINISTRATION

9 For an additional amount for ‘‘Aviation Security’’, 

10 $305,000,000 for necessary expenses, of which— 

11 (1) $250,000,000 shall be made available for 

12 aviation security, including the procurement of ex13 plosives monitoring equipment; and 

14 (2) $55,000,000 shall be made available for air 

15 cargo security, including cargo canine teams and in16 spectors. 

17 UNITED STATES COAST GUARD

18 For an additional amount for ‘‘Acquisition, Construc19 tion, and Improvements’’, $184,000,000 for necessary ex20 penses for the Integrated Deepwater Systems Program for 

21 the purchase of ships, planes, and helicopters. 

22 For an additional amount for ‘‘Operating Expenses’’, 

23 $23,000,000 for necessary expenses for additional inspec24 tors at foreign and domestic ports. 


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1 OFFICE FOR DOMESTIC PREPAREDNESS

2 For an additional amount for ‘‘State and Local Pro3 grams’’, $2,880,000,000 for necessary expenses, of 

4 which— 

5 (1) $790,000,000 shall be made available for 

6 first responder grants; 

7 (2) $500,000,000 shall be made available for 

8 interoperability grants; 

9 (3) $100,000,000 shall be made available for 

10 chemical security grants; 

11 (4) $1,200,000,000 shall be made available for 

12 rail security grants; 

13 (5) $190,000,000 shall be made available for 

14 port security grants; and 

15 (6) $100,000,000 shall be made available for 

16 emergency management performance grants. 

17 FEDERAL EMERGENCY MANAGEMENT AGENCY

18 For an additional amount for ‘‘Readiness, Mitigation, 

19 Response, and Recovery’’, $50,000,000 for necessary ex20 penses. 

21 For an additional amount for ‘‘National Pre-Disaster 

22 Mitigation Fund’’, $100,000,000 for necessary expenses. 


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1 TITLE II—REFORMING THE 

2 INSTITUTIONS OF GOVERNMENT 

3 Subtitle A—Intelligence 

4 Community 

5 SEC. 201. REPORT ON DIRECTOR OF NATIONAL INTEL6 LIGENCE. 

7 (a) REPORT; CERTIFICATION.—Not later than 30 

8 days after the date of the enactment of this Act, and every 

9 30 days thereafter, the Director of National Intelligence 

10 shall submit to the relevant congressional committees a 

11 report on the recommendations of the 9/11 Commission 

12 and the policy goals of the Intelligence Reform and Ter13 rorism Prevention Act of 2004 (Public Law 108–458) 

14 with respect to the Director of National Intelligence. Such 

15 report shall include— 

16 (1) a certification by the Director of National 

17 Intelligence that such recommendations have been 

18 implemented and such policy goals have been 

19 achieved; or 

20 (2) if the Director of National Intelligence is 

21 unable to make the certification described in para22 graph (1), a description of— 

23 (A) the steps taken to implement such rec24 ommendations and achieve such policy goals; 


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1 (B) when the Director of National Intel2 ligence expects such recommendations to be im3 plemented and such policy goals to be achieved; 

4 and 

5 (C) any allocation of resources or other ac6 tions by Congress the Director considers nec7 essary to implement such recommendations and 

8 achieve such policy goals. 

9 (b) TERMINATION OF DUTY TO REPORT.—The duty 

10 to submit a report under subsection (a) shall terminate 

11 when the Director of National Intelligence submits a cer12 tification pursuant to subsection (a)(1). 

13 (c) GAO REVIEW OF CERTIFICATION.—If the Direc14 tor of National Intelligence submits a certification pursu15 ant to subsection (a)(1), not later than 30 days after the 

16 submission of such certification, the Comptroller General 

17 shall submit to the relevant congressional committees a 

18 report on whether the recommendations described in sub19 section (a) have been implemented and whether the policy 

20 goals described in subsection (a) have been achieved. 

21 (d) GAO REPORT ON DNI EXERCISE OF AUTHOR22 ITY.— 

23 (1) ANNUAL REPORT.—Not later than 90 days 

24 after the date of the enactment of this Act, and an25 nually thereafter, the Comptroller General shall subVerDate Aug 31 2005 00:17 Sep 14, 2006 Jkt 049200 PO 00000 Frm 00102 Fmt 6652 Sfmt 6201 E:\BILLS\S3875.PCS S3875

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1 mit to the relevant congressional committees a re2 port on whether— 

3 (A) the Director of National Intelligence 

4 has been able to properly exercise the authority 

5 of the Office of the Director of National Intel6 ligence, including budget and personnel author7 ity; and 

8 (B) information sharing among the intel9 ligence community is a high priority. 

10 (2) TERMINATION.—The duty to submit a re11 port under paragraph (1) shall terminate when the 

12 Comptroller General certifies to the relevant con13 gressional committees that the recommendations of 

14 the 9/11 Commission and the policy goals of the In15 telligence Reform and Terrorism Prevention Act of 

16 2004 (Public Law 108–458) with respect to the Di17 rector of National Intelligence have been achieved. 

18 SEC. 202. REPORT ON NATIONAL COUNTERTERRORISM 

19 CENTER. 

20 (a) REPORT; CERTIFICATION.—Not later than 30 

21 days after the date of the enactment of this Act, and every 

22 30 days thereafter, the Director of National Intelligence 

23 shall submit to the relevant congressional committees a 

24 report on the recommendations of the 9/11 Commission 

25 and the policy goals of the Intelligence Reform and TerVerDate Aug 31 2005 00:17 Sep 14, 2006 Jkt 049200 PO 00000 Frm 00103 Fmt 6652 Sfmt 6201 E:\BILLS\S3875.PCS S3875

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1 rorism Prevention Act of 2004 (Public Law 108–458) 

2 with respect to the establishment of a National 

3 Counterterrorism Center. Such report shall include— 

4 (1) a certification by the Director of National 

5 Intelligence that such recommendations have been 

6 implemented and such policy goals have been 

7 achieved; or 

8 (2) if the Director of National Intelligence is 

9 unable to make the certification described in para10 graph (1), a description of— 

11 (A) the steps taken to implement such rec12 ommendations and achieve such policy goals; 

13 (B) when the Director of National Intel14 ligence expects such recommendations to be im15 plemented and such policy goals to be achieved; 

16 and 

17 (C) any allocation of resources or other ac18 tions by Congress the Director considers nec19 essary to implement such recommendations and 

20 achieve such policy goals. 

21 (b) TERMINATION OF DUTY TO REPORT.—The duty 

22 to submit a report under subsection (a) shall terminate 

23 when the Director of National Intelligence submits a cer24 tification pursuant to subsection (a)(1). 


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1 (c) GAO REVIEW OF CERTIFICATION.—If the Direc2 tor of National Intelligence submits a certification pursu3 ant to subsection (a)(1), not later than 30 days after the 

4 submission of such certification, the Comptroller General 

5 shall submit to the relevant congressional committees a 

6 report on whether the recommendations described in sub7 section (a) have been implemented and whether the policy 

8 goals described in subsection (a) have been achieved. 

9 SEC. 203. REPORT ON CREATION OF A FEDERAL BUREAU 

10 OF INVESTIGATION NATIONAL SECURITY 

11 WORKFORCE. 

12 (a) REPORT; CERTIFICATION.—Not later than 30 

13 days after the date of the enactment of this Act, and every 

14 30 days thereafter, the Director of the Federal Bureau 

15 of Investigation shall submit to the relevant congressional 

16 committees a report on the recommendations of the 9/11 

17 Commission and the policy goals of the Intelligence Re18 form and Terrorism Prevention Act of 2004 (Public Law 

19 108–458) with respect to the creation of a Federal Bureau 

20 of Investigation national security workforce. Such report 

21 shall include— 

22 (1) a certification by the Director of the Fed23 eral Bureau of Investigation that such recommenda24 tions have been implemented and such policy goals 

25 have been achieved; or 


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1 (2) if the Director of the Federal Bureau of In2 vestigation is unable to make the certification de3 scribed in paragraph (1), a description of— 

4 (A) the steps taken to implement such rec5 ommendations and achieve such policy goals; 

6 (B) when the Director of the Federal Bu7 reau of Investigation expects such recommenda8 tions to be implemented and such policy goals 

9 to be achieved; and 

10 (C) any allocation of resources or other ac11 tions by Congress the Director of the Federal 

12 Bureau of Investigation considers necessary to 

13 implement such recommendations and achieve 

14 such policy goals. 

15 (b) TERMINATION OF DUTY TO REPORT.—The duty 

16 to submit a report under subsection (a) shall terminate 

17 when the Director of the Federal Bureau of Investigation 

18 submits a certification pursuant to subsection (a)(1). 

19 (c) GAO REVIEW OF CERTIFICATION.—If the Direc20 tor of the Federal Bureau of Investigation submits a cer21 tification pursuant to subsection (a)(1), not later than 30 

22 days after the submission of such certification, the Comp23 troller General shall submit to the relevant congressional 

24 committees a report on whether the recommendations de25 scribed in subsection (a) have been implemented and 


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1 whether the policy goals described in subsection (a) have 

2 been achieved. 

3 (d) GAO REPORT ON CREATION OF FBI NATIONAL

4 SECURITY WORKFORCE.— 

5 (1) ANNUAL REPORT.—Not later than 90 days 

6 after the date of the enactment of this Act, and an7 nually thereafter, the Comptroller General shall sub8 mit to the relevant congressional committees a re9 port on whether— 

10 (A) there is a sense of urgency within the 

11 Federal Bureau of Investigation to create a na12 tional security workforce to carry out the do13 mestic counterterrorism mission of the Federal 

14 Bureau of Investigation; 

15 (B) the Federal Bureau of Investigation is 

16 on track to create such a workforce; and 

17 (C) the culture of the Federal Bureau of 

18 Investigation allows the Federal Bureau of In19 vestigation to meet its new challenges and suc20 ceed in its counterterrorism role. 

21 (2) TERMINATION.—The duty to submit a re22 port under paragraph (1) shall terminate when the 

23 Comptroller General certifies to the relevant con24 gressional committees that the recommendations of 

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1 telligence Reform and Terrorism Prevention Act of 

2 2004 (Public Law 108–458) with respect to the cre3 ation of a Federal Bureau of Investigation national 

4 security workforce have been achieved. 

5 SEC. 204. REPORT ON NEW MISSIONS FOR THE DIRECTOR 

6 OF THE CENTRAL INTELLIGENCE AGENCY. 

7 (a) REPORT; CERTIFICATION.—Not later than 90 

8 days after the date of the enactment of this Act, and every 

9 90 days thereafter, the Director of National Intelligence 

10 shall submit to the relevant congressional committees a 

11 report on the recommendations of the 9/11 Commission 

12 and the policy goals of the Intelligence Reform and Ter13 rorism Prevention Act of 2004 (Public Law 108–458) 

14 with respect to the new mission of the Director of the Cen15 tral Intelligence Agency. Such report shall include— 

16 (1) a certification by the Director of National 

17 Intelligence that such recommendations have been 

18 implemented and such policy goals have been 

19 achieved; or 

20 (2) if the Director of National Intelligence is 

21 unable to make the certification described in para22 graph (1), a description of— 

23 (A) the steps taken to implement such rec24 ommendations and achieve such policy goals; 


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1 (B) when the Director of National Intel2 ligence expects such recommendations to be im3 plemented and such policy goals to be achieved; 

4 and 

5 (C) any allocation of resources or other ac6 tions by Congress the Director considers nec7 essary to implement such recommendations and 

8 achieve such policy goals. 

9 (b) TERMINATION OF DUTY TO REPORT.—The duty 

10 to submit a report under subsection (a) shall terminate 

11 when the Director of National Intelligence submits a cer12 tification pursuant to subsection (a)(1). 

13 (c) GAO REVIEW OF CERTIFICATION.—If the Direc14 tor of National Intelligence submits a certification pursu15 ant to subsection (a)(1), not later than 30 days after the 

16 submission of such certification, the Comptroller General 

17 shall submit to the relevant congressional committees a 

18 report on whether the recommendations described in sub19 section (a) have been implemented and whether the policy 

20 goals described in subsection (a) have been achieved. 

21 (d) GAO REPORT ON DIRECTOR OF THE CENTRAL

22 INTELLIGENCE AGENCY.— 

23 (1) ANNUAL REPORT.—Not later than 90 days 

24 after the date of the enactment of this Act, and an25 nually thereafter, the Comptroller General shall subVerDate Aug 31 2005 00:17 Sep 14, 2006 Jkt 049200 PO 00000 Frm 00109 Fmt 6652 Sfmt 6201 E:\BILLS\S3875.PCS S3875

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1 mit to the relevant congressional committees a re2 port on whether the Director of the Central Intel3 ligence Agency has strong, determined leadership 

4 committed to accelerating the pace of the reforms 

5 underway. 

6 (2) TERMINATION.—The duty to submit a re7 port under paragraph (1) shall terminate when the 

8 Comptroller General certifies to the relevant con9 gressional committees that the recommendations of 

10 the 9/11 Commission and the policy goals of the In11 telligence Reform and Terrorism Prevention Act of 

12 2004 (Public Law 108–458) with respect to the Di13 rector of the Central Intelligence Agency have been 

14 achieved. 

15 (e) SENSE OF CONGRESS.—It is the sense of Con16 gress that Congress and the leadership of the Central In17 telligence Agency should— 

18 (1) regularly evaluate the effectiveness of the 

19 national clandestine service structure to determine if 

20 it improves coordination of human intelligence collec21 tion operations and produces better intelligence re22 sults; and 

23 (2) address morale and personnel issues at the 

24 Central Intelligence Agency to ensure the Central 


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1 Intelligence Agency remains an effective arm of na2 tional power. 

3 SEC. 205. REPORT ON INCENTIVES FOR INFORMATION 

4 SHARING. 

5 (a) REPORT; CERTIFICATION.—Not later than 30 

6 days after the date of the enactment of this Act, and every 

7 30 days thereafter, the Director of the Office of Manage8 ment and Budget, in consultation with the Director of Na9 tional Intelligence and the Program Manager for the In10 formation Sharing Environment, shall submit to the rel11 evant congressional committees a report on the rec12 ommendations of the 9/11 Commission and the policy 

13 goals of the Intelligence Reform and Terrorism Prevention 

14 Act of 2004 (Public Law 108–458) with respect to the 

15 provision of affirmative incentives for information sharing, 

16 and for reducing disincentives to information sharing, 

17 across the Federal Government and with State and local 

18 authorities. Such report shall include— 

19 (1) a certification by the Director of the Office 

20 of Management and Budget that such recommenda21 tions have been implemented and such policy goals 

22 have been achieved; or 

23 (2) if the Director of the Office of Management 

24 and Budget is unable to make the certification de25 scribed in paragraph (1), a description of— 


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1 (A) the steps taken to implement such rec2 ommendations and achieve such policy goals; 

3 (B) when the Director of National Intel4 ligence and the Program Manager for the Infor5 mation Sharing Environment expect such rec6 ommendations to be implemented and such pol7 icy goals to be achieved; and 

8 (C) any allocation of resources or other ac9 tions by Congress the Director considers nec10 essary to implement such recommendations and 

11 achieve such policy goals. 

12 (b) TERMINATION OF DUTY TO REPORT.—The duty 

13 to submit a report under subsection (a) shall terminate 

14 when the Director of the Office of Management and Budg15 et submits a certification pursuant to subsection (a)(1). 

16 (c) GAO REVIEW OF CERTIFICATION.—If the Direc17 tor of the Office of Management and Budget submits a 

18 certification pursuant to subsection (a)(1), not later than 

19 30 days after the submission of such certification, the 

20 Comptroller General shall submit to the relevant congres21 sional committees a report on whether the recommenda22 tions described in subsection (a) have been implemented 

23 and whether the policy goals described in subsection (a) 

24 have been achieved. 


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1 SEC. 206. REPORT ON PRESIDENTIAL LEADERSHIP OF NA2 TIONAL SECURITY INSTITUTIONS IN THE IN3 FORMATION REVOLUTION. 

4 (a) REPORT; CERTIFICATION.—Not later than 30 

5 days after the date of the enactment of this Act, and every 

6 30 days thereafter, the Director of the Office of Manage7 ment and Budget, in consultation with the Director of Na8 tional Intelligence and the Program Manager for the In9 formation Sharing Environment, shall submit to the rel10 evant congressional committees a report on the rec11 ommendations of the 9/11 Commission and the policy 

12 goals of the Intelligence Reform and Terrorism Prevention 

13 Act of 2004 (Public Law 108–458) with respect to the 

14 leadership of the President of national security institu15 tions into the information revolution. Such report shall in16 clude— 

17 (1) a certification by the Director of the Office 

18 of Management and Budget that such recommenda19 tions have been implemented and such policy goals 

20 have been achieved; or 

21 (2) if the Director of the Office of Management 

22 and Budget is unable to make the certification de23 scribed in paragraph (1), a description of— 

24 (A) the steps taken to implement such rec25 ommendations and achieve such policy goals; 


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1 (B) when the Director of the Office of 

2 Management and Budget expects such rec3 ommendations to be implemented and such pol4 icy goals to be achieved; and 

5 (C) any allocation of resources or other ac6 tions by Congress the Director considers nec7 essary to implement such recommendations and 

8 achieve such policy goals. 

9 (b) TERMINATION OF DUTY TO REPORT.—The duty 

10 to submit a report under subsection (a) shall terminate 

11 when the Director of the Office of Management and Budg12 et submits a certification pursuant to subsection (a)(1). 

13 (c) GAO REVIEW OF CERTIFICATION.—If the Direc14 tor of the Office of Management and Budget submits a 

15 certification pursuant to subsection (a)(1), not later than 

16 30 days after the submission of such certification, the 

17 Comptroller General shall submit to the relevant congres18 sional committees a report on whether the recommenda19 tions described in subsection (a) have been implemented 

20 and whether the policy goals described in subsection (a) 

21 have been achieved. 

22 (d) GAO REPORT ON INFORMATION SYSTEMS.— 

23 (1) ANNUAL REPORT.—Not later than 90 days 

24 after the date of the enactment of this Act, and an25 nually thereafter, the Comptroller General shall subVerDate Aug 31 2005 00:17 Sep 14, 2006 Jkt 049200 PO 00000 Frm 00114 Fmt 6652 Sfmt 6201 E:\BILLS\S3875.PCS S3875

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1 mit to the relevant congressional committees a re2 port on whether the departments and agencies of the 

3 Federal Government have the resources and Presi4 dential support to change information systems to en5 able information sharing, policies and procedures 

6 that compel sharing, and systems of performance 

7 evaluation to inform personnel on how well they 

8 carry out information sharing. 

9 (2) TERMINATION.—The duty to submit a re10 port under paragraph (1) shall terminate when the 

11 Comptroller General certifies to the relevant con12 gressional committees that the recommendations of 

13 the 9/11 Commission and the policy goals of the In14 telligence Reform and Terrorism Prevention Act of 

15 2004 (Public Law 108–458) with respect to the 

16 leadership of the President of national security insti17 tutions into the information revolution have been 

18 achieved. 

19 SEC. 207. HOMELAND AIRSPACE DEFENSE. 

20 (a) CERTIFICATION.—Not later than 30 days after 

21 the date of the enactment of this Act, and every 30 days 

22 thereafter, the Secretary of Homeland Security and the 

23 Secretary of Defense shall each submit to the specified 

24 congressional committees a certification as to whether the 

25 Federal Government has implemented the policy goals of 


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1 the Intelligence Reform and Terrorism Prevention Act of 

2 2004 (Public Law 108–458) and the recommendations of 

3 the National Commission on Terrorist Attacks Upon the 

4 United States regarding homeland and airspace defense. 

5 Each Secretary shall include with such certification rec6 ommendations if further congressional action is necessary. 

7 If a Secretary is unable to certify the goal in the first 

8 sentence, the Secretary shall report to the specified com9 mittees what steps have been taken towards implementa10 tion, when implementation can reasonably be expected to 

11 be completed, and whether additional resources or actions 

12 from the Congress are required for implementation. 

13 (b) COMPTROLLER GENERAL REPORT.—Within 30 

14 days of the submission of both certifications under sub15 section (a), the Comptroller General of the United States 

16 shall submit to the specified congressional committees a 

17 report verifying that the policy referred to in that sub18 section has in fact been implemented and recommenda19 tions of any additional congressional action necessary to 

20 implement the goals referred to in that subsection. 

21 (c) SPECIFIED CONGRESSIONAL COMMITTEES DE22 FINED.—In this section, the term ‘‘specified congressional 

23 committees’’ means— 

24 (1) the Committee on Homeland Security, the 

25 Committee on Government Reform, and the ComVerDate Aug 31 2005 00:17 Sep 14, 2006 Jkt 049200 PO 00000 Frm 00116 Fmt 6652 Sfmt 6201 E:\BILLS\S3875.PCS S3875

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1 mittee on Transportation and Infrastructure of the 

2 House of Representatives; and 

3 (2) the Committee of Homeland Security and 

4 Governmental Affairs and the Committee on Envi5 ronment and Public Works of the Senate. 

6 SEC. 208. SEMIANNUAL REPORT ON PLANS AND STRATE7 GIES OF UNITED STATES NORTHERN COM8 MAND FOR DEFENSE OF THE UNITED STATES 

9 HOMELAND. 

10 (a) FINDINGS.—Consistent with the report of the 9/ 

11 11 Commission, Congress makes the following findings: 

12 (1) The primary responsibility for national de13 fense is with the Department of Defense and the 

14 secondary responsibility for national defense is with 

15 the Department of Homeland Security, and the two 

16 departments must have clear delineations of respon17 sibility. 

18 (2) Before September 11, 2001, the North 

19 American Aerospace Defense Command, which had 

20 responsibility for defending United States airspace 

21 on September 11, 2001— 

22 (A) focused on threats coming from out23 side the borders of the United States; and 

24 (B) had not increased its focus on ter25 rorism within the United States, even though 


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1 the intelligence community had gathered intel2 ligence on the possibility that terrorists might 

3 turn to hijacking and even the use of airplanes 

4 as missiles within the United States. 

5 (3) The United States Northern Command has 

6 been established to assume responsibility for defense 

7 within the United States. 

8 (b) SENSE OF CONGRESS.—It is the sense of Con9 gress that— 

10 (1) the Secretary of Defense should regularly 

11 assess the adequacy of the plans and strategies of 

12 the United States Northern Command with a view 

13 to ensuring that the United States Northern Com14 mand is prepared to respond effectively to all mili15 tary and paramilitary threats within the United 

16 States; and 

17 (2) the Committee on Armed Services of the 

18 Senate and the Committee on Armed Services of the 

19 House of Representatives should periodically review 

20 and assess the adequacy of those plans and strate21 gies. 

22 (c) SEMIANNUAL REPORT.—Not later than 90 days 

23 after the date of the enactment of this Act, and every 180 

24 days thereafter, the Secretary of Defense shall submit to 

25 the Committee on Armed Services of the Senate and the 


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1 Committee on Armed Services of the House of Represent2 atives a report describing the plans and strategies of the 

3 United States Northern Command to defend the United 

4 States against military and paramilitary threats within the 

5 United States. 

6 SEC. 209. RELEVANT CONGRESSIONAL COMMITTEES DE7 FINED. 

8 In this subtitle, the term ‘‘relevant congressional 

9 committees’’ means the following: 

10 (1) The Committee on Homeland Security of 

11 the House of Representatives. 

12 (2) The Committee on Government Reform, of 

13 the House of Representatives. 

14 (3) The Permanent Select Committee on Intel15 ligence of the House of Representatives. 

16 (4) The Committee on Homeland Security and 

17 Government Affairs of the Senate. 

18 (5) The Select Committee on Intelligence of the 

19 Senate. 

20 Subtitle B—Civil Liberties and 

21 Executive Power 

22 SEC. 211. REPORT ON THE BALANCE BETWEEN SECURITY 

23 AND CIVIL LIBERTIES. 

24 (a) REPORT; CERTIFICATION.—Not later than 30 

25 days after the date of the enactment of this Act, and every 


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1 30 days thereafter, the Attorney General shall submit to 

2 the relevant congressional committees a report on the rec3 ommendations of the 9/11 Commission and the policy 

4 goals of the Intelligence Reform and Terrorism Prevention 

5 Act of 2004 (Public Law 108–458) with respect to the 

6 balance between security and civil liberties. Such report 

7 shall include— 

8 (1) a certification by the Attorney General that 

9 such recommendations have been implemented and 

10 such policy goals have been achieved; or 

11 (2) if the Attorney General is unable to make 

12 the certification described in paragraph (1), a de13 scription of— 

14 (A) the steps taken to implement such rec15 ommendations and achieve such policy goals; 

16 (B) when the Attorney General expects 

17 such recommendations to be implemented and 

18 such policy goals to be achieved; and 

19 (C) any allocation of resources or other ac20 tions by Congress the Attorney General con21 siders necessary to implement such rec22 ommendations and achieve such policy goals. 

23 (b) TERMINATION OF DUTY TO REPORT.—The duty 

24 to submit a report under subsection (a) shall terminate 


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1 when the Attorney General submits a certification pursu2 ant to subsection (a)(1). 

3 (c) GAO REVIEW OF CERTIFICATION.—If the Attor4 ney General submits a certification pursuant to subsection 

5 (a)(1), not later than 30 days after the submission of such 

6 certification, the Comptroller General shall submit to the 

7 relevant congressional committees a report on whether the 

8 recommendations described in subsection (a) have been 

9 implemented and whether the policy goals described in 

10 subsection (a) have been achieved. 

11 SEC. 212. PRIVACY AND CIVIL LIBERTIES OVERSIGHT 

12 BOARD. 

13 (a) SHORT TITLE.—This section may be cited as the 

14 ‘‘9/11 Commission Civil Liberties Board Act’’. 

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

17 (1) On July 22, 2004 the National Commission 

18 on Terrorist Attacks Upon the United States issued 

19 a report that included 41 specific recommendations 

20 to help prevent future terrorist attacks, including de21 tails of a global strategy and government reorganiza22 tion necessary to implement that strategy. 

23 (2) One of the recommendations focused on the 

24 protections of civil liberties. Specifically the following 

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1 creased and consolidated government authority, 

2 there should be a board within the executive branch 

3 to oversee adherence to the guidelines we rec4 ommend and the commitment the government makes 

5 to defend our civil liberties.’’. 

6 (3) The report also states that ‘‘the choice be7 tween security and liberty is a false choice, as noth8 ing is more likely to endanger America’s liberties 

9 than the success of a terrorist attack at home. Our 

10 History has shown that the insecurity threatens lib11 erty at home. Yet if our liberties are curtailed, we 

12 lose the values that we are struggling to defend.’’. 

13 (4) On December 17, 2004, Public Law 108– 

14 458, the National Intelligence Reform Act, was 

15 signed into law. This law created a civil liberties 

16 board that does not have the authority necessary to 

17 protect civil liberties. 

18 (5) The establishment and adequate funding of 

19 a Privacy and Civil Liberties Oversight Board was 

20 a crucial recommendation made by the 9/11 Com21 mission. 

22 (6) In its Final Report on 9/11 Commission 

23 Recommendations, the Commission noted ‘‘very little 

24 urgency’’ and ‘‘insufficient’’ funding as it relates to 


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1 the establishment of the Privacy and Civil Liberties 

2 Oversight Board. 

3 (7) While the President’s budget submission for 

4 fiscal year 2006 included $750,000 for the Privacy 

5 and Civil Liberties Oversight Board, the President’s 

6 budget submission for fiscal year 2007 does not con7 tain a funding line for the Board. 

8 (c) MAKING THE PRIVACY AND CIVIL LIBERTIES

9 OVERSIGHT BOARD INDEPENDENT.—Section 1061(b) of 

10 the Intelligence Reform and Terrorism Prevention Act of 

11 2004 is amended by striking ‘‘within the Executive Office 

12 of the President’’ and inserting ‘‘as an independent agency 

13 within the Executive branch’’. 

14 (d) REQUIRING ALL MEMBERS OF THE PRIVACY AND

15 CIVIL LIBERTIES OVERSIGHT BOARD BE CONFIRMED BY

16 THE SENATE.—Subsection (e) of section 1061 of the In17 telligence Reform and Terrorism Prevention Act of 2004 

18 is amended to read as follows: 

19 ‘‘(e) MEMBERSHIP.— 

20 ‘‘(1) MEMBERS.—The Board shall be composed 

21 of a full-time chairman and 4 additional members, 

22 who shall be appointed by the President, by and 

23 with the advice and consent of the Senate. 

24 ‘‘(2) QUALIFICATIONS.—Members of the Board 

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1 sional qualifications, achievements, public stature, 

2 expertise in civil liberties and privacy, and relevant 

3 experience, and without regard to political affiliation, 

4 but in no event shall more than 3 members of the 

5 Board be members of the same political party. The 

6 President shall, before appointing an individual who 

7 is not a member of the same political party as the 

8 President consult with the leadership of that party, 

9 if any, in the Senate and House of Representatives. 

10 ‘‘(3) INCOMPATIBLE OFFICE.—An individual 

11 appointed to the Board may not, while serving on 

12 the Board, be an elected official, officer, or employee 

13 of the Federal Government, other than in the capac14 ity as a member of the Board. 

15 ‘‘(4) TERM.—Each member of the Board shall 

16 serve a term of six years, except that— 

17 ‘‘(A) a member appointed to a term of of18 fice after the commencement of such term may 

19 serve under such appointment only for the re20 mainder of such term; 

21 ‘‘(B) upon the expiration of the term of of22 fice of a member, the member shall continue to 

23 serve until the member’s successor has been ap24 pointed and qualified, except that no member 

25 may serve under this subparagraph— 


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1 ‘‘(i) for more than 60 days when Con2 gress is in session unless a nomination to 

3 fill the vacancy shall have been submitted 

4 to the Senate; or 

5 ‘‘(ii) after the adjournment sine die of 

6 the session of the Senate in which such 

7 nomination is submitted; and 

8 ‘‘(C) the members initially appointed under 

9 this subsection shall serve terms of two, three, 

10 four, five, and six years, respectively, from the 

11 effective date of this Act, with the term of each 

12 such member to be designated by the President. 

13 ‘‘(5) QUORUM AND MEETINGS.—The Board 

14 shall meet upon the call of the chairman or a major15 ity of its members. Three members of the Board 

16 shall constitute a quorum.’’. 

17 (e) SUBPOENA POWER FOR THE PRIVACY AND CIVIL

18 LIBERTIES OVERSIGHT BOARD.—Section 1061(d) of the 

19 Intelligence Reform and Terrorism Prevention Act of 

20 2004 is amended— 

21 (1) so that subparagraph (D) of paragraph (1) 

22 reads as follows: 

23 ‘‘(D) require, by subpoena issued at the di24 rection of a majority of the members of the 

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1 cies, and elements of the executive branch) to 

2 produce any relevant information, documents, 

3 reports, answers, records, accounts, papers, and 

4 other documentary or testimonial evidence.’’; 

5 and 

6 (2) so that paragraph (2) reads as follows: 

7 ‘‘(2) ENFORCEMENT OF SUBPOENA.—In the 

8 case of contumacy or failure to obey a subpoena 

9 issued under paragraph (1)(D), the United States 

10 district court for the judicial district in which the 

11 subpoenaed person resides, is served, or may be 

12 found may issue an order requiring such person to 

13 produce the evidence required by such subpoena.’’. 

14 (f) REPORTING REQUIREMENTS.— 

15 (1) DUTIES OF BOARD.—Paragraph (4) of sec16 tion 1061(c) of the Intelligence Reform and Ter17 rorism Prevention Act of 2004 is amended to read 

18 as follows: 

19 ‘‘(4) REPORTS.— 

20 ‘‘(A) RECEIPT, REVIEW, AND SUBMIS21 SION.— 

22 ‘‘(i) IN GENERAL.—The Board shall— 

23 ‘‘(I) receive and review reports 

24 from privacy officers and civil liberties 

25 officers described in section 212; and 


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1 ‘‘(II) periodically submit, not less 

2 than semiannually, reports to the ap3 propriate committees of Congress, in4 cluding the Committees on the Judici5 ary of the Senate and the House of 

6 Representatives, the Committee on 

7 Homeland Security and Governmental 

8 Affairs of the Senate, the Committee 

9 on Government Reform of the House 

10 of Representatives, the Select Com11 mittee on Intelligence of the Senate, 

12 and the Permanent Select Committee 

13 on Intelligence of the House of Rep14 resentatives, and to the President. 

15 Such reports shall be in unclassified form 

16 to the greatest extent possible, with a clas17 sified annex where necessary. 

18 ‘‘(ii) CONTENTS.—Not less than 2 re19 ports the Board submits each year under 

20 clause (i)(II) shall include— 

21 ‘‘(I) a description of the major 

22 activities of the Board during the pre23 ceding period; 

24 ‘‘(II) information on the findings, 

25 conclusions, and recommendations of 


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1 the Board resulting from its advice 

2 and oversight functions under sub3 section (c); 

4 ‘‘(III) the minority views on any 

5 findings, conclusions, and rec6 ommendations of the Board resulting 

7 from its advice and oversight func8 tions under subsection (c); and 

9 ‘‘(IV) each proposal reviewed by 

10 the Board under subsection (c)(1) 

11 that the Board advised against imple12 menting, but that notwithstanding 

13 such advice, was implemented. 

14 ‘‘(B) INFORMING THE PUBLIC.—The 

15 Board shall— 

16 ‘‘(i) make its reports, including its re17 ports to Congress, available to the public 

18 to the greatest extent that is consistent 

19 with the protection of classified informa20 tion and applicable law; and 

21 ‘‘(ii) hold public hearings and other22 wise inform the public of its activities, as 

23 appropriate and in a manner consistent 

24 with the protection of classified informa25 tion and applicable law.’’. 


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1 (2) PRIVACY AND CIVIL LIBERTIES OFFI2 CERS.—Section 1062 of the Intelligence Reform and 

3 Terrorism Prevention Act of 2004 is amended to 

4 read as follows: 

5 ‘‘SEC. 1062. PRIVACY AND CIVIL LIBERTIES OFFICERS. 

6 ‘‘(a) DESIGNATION AND FUNCTIONS.—The Attorney 

7 General, the Secretary of Defense, the Secretary of State, 

8 the Secretary of the Treasury, the Secretary of Health and 

9 Human Services, the Secretary of Homeland Security, the 

10 National Intelligence Director, the Director of the Central 

11 Intelligence Agency, any other entity within the intel12 ligence community (as defined in section 3 of the National 

13 Security Act of 1947 (50 U.S.C. 401a)), and the head of 

14 any other department, agency, or element of the executive 

15 branch designated by the Privacy and Civil Liberties Over16 sight Board to be appropriate for coverage under this sec17 tion shall designate not less than 1 senior officer to— 

18 ‘‘(1) assist the head of such department, agen19 cy, or element and other officials of such depart20 ment, agency, or element in appropriately consid21 ering privacy and civil liberties concerns when such 

22 officials are proposing, developing, or implementing 

23 laws, regulations, policies, procedures, or guidelines 

24 related to efforts to protect the Nation against ter25 rorism; 


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1 ‘‘(2) periodically investigate and review depart2 ment, agency, or element actions, policies, proce3 dures, guidelines, and related laws and their imple4 mentation to ensure that such department, agency, 

5 or element is adequately considering privacy and 

6 civil liberties in its actions; 

7 ‘‘(3) ensure that such department, agency, or 

8 element has adequate procedures to receive, inves9 tigate, respond to, and redress complaints from indi10 viduals who allege such department, agency, or ele11 ment has violated their privacy or civil liberties; and 

12 ‘‘(4) in providing advice on proposals to retain 

13 or enhance a particular governmental power the offi14 cer shall consider whether such department, agency, 

15 or element has established— 

16 ‘‘(A) that the power actually enhances se17 curity and the need for the power is balanced 

18 with the need to protect privacy and civil lib19 erties; 

20 ‘‘(B) that there is adequate supervision of 

21 the use by such department, agency, or element 

22 of the power to ensure protection of privacy and 

23 civil liberties; and 

24 ‘‘(C) that there are adequate guidelines 

25 and oversight to properly confine its use. 


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1 ‘‘(b) EXCEPTION TO DESIGNATION AUTHORITY.— 

2 ‘‘(1) PRIVACY OFFICERS.—In any department, 

3 agency, or element referred to in subsection (a) or 

4 designated by the Board, which has a statutorily 

5 created privacy officer, such officer shall perform the 

6 functions specified in subsection (a) with respect to 

7 privacy. 

8 ‘‘(2) CIVIL LIBERTIES OFFICERS.—In any de9 partment, agency, or element referred to in sub10 section (a) or designated by the Board, which has a 

11 statutorily created civil liberties officer, such officer 

12 shall perform the functions specified in subsection 

13 (a) with respect to civil liberties. 

14 ‘‘(c) SUPERVISION AND COORDINATION.—Each pri15 vacy officer or civil liberties officer described in subsection 

16 (a) or (b) shall— 

17 ‘‘(1) report directly to the head of the depart18 ment, agency, or element concerned; and 

19 ‘‘(2) coordinate their activities with the Inspec20 tor General of such department, agency, or element 

21 to avoid duplication of effort. 

22 ‘‘(d) AGENCY COOPERATION.—The head of each de23 partment, agency, or element shall ensure that each pri24 vacy officer and civil liberties officer— 


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1 ‘‘(1) has the information, material, and re2 sources necessary to fulfill the functions of such offi3 cer; 

4 ‘‘(2) is advised of proposed policy changes; 

5 ‘‘(3) is consulted by decisionmakers; and 

6 ‘‘(4) is given access to material and personnel 

7 the officer determines to be necessary to carry out 

8 the functions of such officer. 

9 ‘‘(e) REPRISAL FOR MAKING COMPLAINT.—No ac10 tion constituting a reprisal, or threat of reprisal, for mak11 ing a complaint or for disclosing information to a privacy 

12 officer or civil liberties officer described in subsection (a) 

13 or (b), or to the Privacy and Civil Liberties Oversight 

14 Board, that indicates a possible violation of privacy protec15 tions or civil liberties in the administration of the pro16 grams and operations of the Federal Government relating 

17 to efforts to protect the Nation from terrorism shall be 

18 taken by any Federal employee in a position to take such 

19 action, unless the complaint was made or the information 

20 was disclosed with the knowledge that it was false or with 

21 willful disregard for its truth or falsity. 

22 ‘‘(f) PERIODIC REPORTS.— 

23 ‘‘(1) IN GENERAL.—The privacy officers and 

24 civil liberties officers of each department, agency, or 

25 element referred to or described in subsection (a) or 


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1 (b) shall periodically, but not less than quarterly, 

2 submit a report on the activities of such officers— 

3 ‘‘(A)(i) to the appropriate committees of 

4 Congress, including the Committees on the Ju5 diciary of the Senate and the House of Rep6 resentatives, the Committee on Homeland Secu7 rity and Governmental Affairs of the Senate, 

8 the Committee on Government Reform of the 

9 House of Representatives, the Select Committee 

10 on Intelligence of the Senate, and the Perma11 nent Select Committee on Intelligence of the 

12 House of Representatives; 

13 ‘‘(ii) to the head of such department, agen14 cy, or element; and 

15 ‘‘(iii) to the Privacy and Civil Liberties 

16 Oversight Board; and 

17 ‘‘(B) which shall be in unclassified form to 

18 the greatest extent possible, with a classified 

19 annex where necessary. 

20 ‘‘(2) CONTENTS.—Each report submitted under 

21 paragraph (1) shall include information on the dis22 charge of each of the functions of the officer con23 cerned, including— 

24 ‘‘(A) information on the number and types 

25 of reviews undertaken; 


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1 ‘‘(B) the type of advice provided and the 

2 response given to such advice; 

3 ‘‘(C) the number and nature of the com4 plaints received by the department, agency, or 

5 element concerned for alleged violations; and 

6 ‘‘(D) a summary of the disposition of such 

7 complaints, the reviews and inquiries conducted, 

8 and the impact of the activities of such officer. 

9 ‘‘(g) INFORMING THE PUBLIC.—Each privacy officer 

10 and civil liberties officer shall— 

11 ‘‘(1) make the reports of such officer, including 

12 reports to Congress, available to the public to the 

13 greatest extent that is consistent with the protection 

14 of classified information and applicable law; and 

15 ‘‘(2) otherwise inform the public of the activi16 ties of such officer, as appropriate and in a manner 

17 consistent with the protection of classified informa18 tion and applicable law. 

19 ‘‘(h) SAVINGS CLAUSE.—Nothing in this section shall 

20 be construed to limit or otherwise supplant any other au21 thorities or responsibilities provided by law to privacy offi22 cers or civil liberties officers. 

23 ‘‘(i) PROTECTIONS FOR HUMAN RESEARCH SUB24 JECTS.—The Secretary of Homeland Security shall ensure 

25 that the Department of Homeland Security complies with 


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1 the protections for human research subjects, as described 

2 in part 46 of title 45, Code of Federal Regulations, or 

3 in equivalent regulations as promulgated by such Sec4 retary, with respect to research that is conducted or sup5 ported by such Department.’’. 

6 (g) INCLUSION IN PRESIDENT’S BUDGET SUBMIS7 SION TO CONGRESS.—Section 1105(a) of title 31, United 

8 States Code, is amended by adding at the end the fol9 lowing new paragraph: 

10 ‘‘(36) a separate statement of the amount of 

11 appropriations requested for the Privacy and Civil 

12 Liberties Oversight Board.’’. 

13 (h) REPORT; CERTIFICATION.— 

14 (1) REPORT.—Not later than 30 days after the 

15 date of the enactment of this Act, and every 30 days 

16 thereafter, the Attorney General shall submit to the 

17 relevant congressional committees a report on the 

18 extent to which the Administration has achieved and 

19 implemented the policy goals of Public Law 108–458 

20 and the recommendations of the 9/11 Commission 

21 regarding the implementation of the Privacy and 

22 Civil Liberties Oversight Board. Such report shall 

23 include— 

24 (A) a certification by the Attorney General 

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1 mented and such policy goals have been 

2 achieved; or 

3 (B) if the Attorney General is unable to 

4 make the certification described in subpara5 graph (A), a description of— 

6 (i) the steps taken to implement such 

7 recommendations and achieve such policy 

8 goals; 

9 (ii) when the Attorney General ex10 pects such recommendations to be imple11 mented and such policy goals to be 

12 achieved; and 

13 (iii) any allocation of resources or 

14 other actions by Congress the Attorney 

15 General considers necessary to implement 

16 such recommendations and achieve such 

17 policy goals. 

18 (2) TERMINATION OF DUTY TO REPORT.—The 

19 duty to submit a report under paragraph (1) shall 

20 terminate when the Attorney General submits a cer21 tification pursuant to paragraph (1)(A). 

22 (3) GAO REVIEW OF CERTIFICATION.—If the 

23 Attorney General submits a certification pursuant to 

24 paragraph (1), not later than 30 days after the sub25 mission of such certification, the Comptroller GenVerDate Aug 31 2005 00:17 Sep 14, 2006 Jkt 049200 PO 00000 Frm 00136 Fmt 6652 Sfmt 6201 E:\BILLS\S3875.PCS S3875

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1 eral shall submit to the relevant congressional com2 mittees a report on whether the recommendations 

3 described in paragraph (1) have been implemented 

4 and whether the policy goals described in paragraph 

5 (1) have been achieved. 

6 SEC. 213. SET PRIVACY GUIDELINES FOR GOVERNMENT 

7 SHARING OF PERSONAL INFORMATION. 

8 (a) REPORT.—Not later than 30 days after the date 

9 of the enactment of this Act, and every 30 days thereafter, 

10 the Attorney General shall submit to the relevant congres11 sional committees a report on the extent to which the Ad12 ministration has achieved and implemented the policy 

13 goals of Public Law 108–458 and the recommendations 

14 of the 9/11 Commission regarding the privacy guidelines 

15 for government sharing of personal information. Such re16 port shall include— 

17 (1) a certification by the Attorney General that 

18 such recommendations have been implemented and 

19 such policy goals have been achieved; or 

20 (2) if the Attorney General is unable to make 

21 the certification described in paragraph (1), a de22 scription of— 

23 (A) the steps taken to implement such rec24 ommendations and achieve such policy goals; 


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1 (B) when the Attorney General expects 

2 such recommendations to be implemented and 

3 such policy goals to be achieved; and 

4 (C) any allocation of resources or other ac5 tions by Congress the Attorney General con6 siders necessary to implement such rec7 ommendations and achieve such policy goals. 

8 (b) TERMINATION OF DUTY TO REPORT.—The duty 

9 to submit a report under subsection (a) shall terminate 

10 when the Attorney General submits a certification pursu11 ant to subsection (a)(1). 

12 (c) GAO REVIEW OF CERTIFICATION.—If the Attor13 ney General submits a certification pursuant to subsection 

14 (a), not later than 30 days after the submission of such 

15 certification, the Comptroller General shall submit to the 

16 relevant congressional committees a report on whether the 

17 recommendations described in paragraph (1) have been 

18 implemented and whether the policy goals described in 

19 subsection (A) have been achieved. 

20 SEC. 214. RELEVANT CONGRESSIONAL COMMITTEES DE21 FINED. 

22 In this subtitle, the term ‘‘relevant congressional 

23 committees’’ means the Committee on Homeland Security 

24 of the House of Representatives, the Committee on Gov25 ernment Reform of the House of Representatives, the 


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1 Committee on Homeland Security and Governmental Af2 fairs of the Senate, the Committees on the Judiciary of 

3 the Senate and House of Representatives, the Select Com4 mittee on Intelligence of the Senate, and the Permanent 

5 Select Committee on Intelligence of the House of Rep6 resentatives. 

7 Subtitle C—Intelligence Oversight 

8 Reform in the Senate 

9 SEC. 231. SUBCOMMITTEE RELATED TO INTELLIGENCE 

10 OVERSIGHT. 

11 (a) ESTABLISHMENT.—There is established in the 

12 Select Committee on Intelligence a Subcommittee on Over13 sight which shall be in addition to any other subcommittee 

14 established by the select Committee. 

15 (b) RESPONSIBILITY.—The Subcommittee on Over16 sight shall be responsible for ongoing oversight of intel17 ligence activities. 

18 SEC. 232. SUBCOMMITTEE RELATED TO INTELLIGENCE AP19 PROPRIATIONS. 

20 (a) ESTABLISHMENT.—There is established in the 

21 Committee on Appropriations a Subcommittee on Intel22 ligence. 

23 (b) JURISDICTION.—The Subcommittee on Intel24 ligence of the Committee on Appropriations shall have ju25 risdiction over funding for intelligence matters. 


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1 SEC. 233. EFFECTIVE DATE. 

2 This subtitle shall take effect on the convening of the 

3 110th Congress. 

4 Subtitle D—Standardize Security 

5 Clearances 

6 SEC. 241. STANDARDIZATION OF SECURITY CLEARANCES. 

7 (a) REPORT; CERTIFICATION.—Not later than 30 

8 days after the date of the enactment of this Act, and every 

9 30 days thereafter, the Director of the Office of Personnel 

10 Management, in consultation with the Director of Na11 tional Intelligence, the Secretary of Defense, and the Sec12 retary of Homeland Security, shall submit to the relevant 

13 congressional committees a report on the recommenda14 tions of the 9/11 Commission and the policy goals of sec15 tion 3001 of the Intelligence Reform and Terrorism Pre16 vention Act of 2004 (Public Law 108–458) with respect 

17 to security clearances, including with respect to uniform 

18 policies and procedures for the completion of security 

19 clearances and reciprocal recognition of such security 

20 clearances among agencies of the United States Govern21 ment. Such report shall include— 

22 (1) a certification by the Director of the Office 

23 of Personnel Management that such recommenda24 tions have been implemented and such policy goals 

25 have been achieved; or 


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1 (2) if the Director of the Office of Personnel 

2 Management is unable to make the certification de3 scribed in paragraph (1), a description of— 

4 (A) the steps taken to implement such rec5 ommendations and achieve such policy goals; 

6 (B) when the Director of the Office of Per7 sonnel Management expects such recommenda8 tions to be implemented and such policy goals 

9 to be achieved; and 

10 (C) any allocation of resources or other ac11 tions by Congress the Director considers nec12 essary to implement such recommendations and 

13 achieve such policy goals. 

14 (b) TERMINATION OF DUTY TO REPORT.—The duty 

15 to submit a report under subsection (a) shall terminate 

16 when the Director of the Office of Personnel Management 

17 submits a certification pursuant to subsection (a)(1). 

18 (c) GAO REVIEW OF CERTIFICATION.—If the Direc19 tor of the Office of Personnel Management submits a cer20 tification pursuant to subsection (a)(1), not later than 30 

21 days after the submission of such certification, the Comp22 troller General shall submit to the relevant congressional 

23 committees a report on whether the recommendations de24 scribed in subsection (a) have been implemented and 


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1 whether the policy goals described in subsection (a) have 

2 been achieved. 

3 TITLE III—FOREIGN POLICY, 

4 PUBLIC DIPLOMACY, AND 

5 NONPROLIFERATION 

6 Subtitle A—Foreign Policy 

7 SEC. 301. ACTIONS TO ENSURE A LONG-TERM COMMIT8 MENT TO AFGHANISTAN. 

9 (a) SENSE OF CONGRESS.—It is the sense of Con10 gress that the Government of the United States— 

11 (1) should give priority to providing assistance 

12 to Afghanistan to establish a substantial economic 

13 infrastructure and a sound economy; and 

14 (2) should continue to provide economic and de15 velopment assistance to Afghanistan, including as16 sistance to the Afghan National Army and the police 

17 forces and border police of Afghanistan. 

18 (b) REPORT; CERTIFICATION.—Not later than 90 

19 days after the date of the enactment of this Act, and every 

20 90 days thereafter, the President shall submit to the rel21 evant congressional committees a report on the rec22 ommendations of the 9/11 Commission and the policy 

23 goals of section 305 of the Afghanistan Freedom Support 

24 Act of 2002 (22 U.S.C. 7555) (as added by section 

25 7104(e)(4)(A) of the Intelligence Reform and Terrorism 


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1 Prevention Act of 2004 (Public Law 108–458)) for ensur2 ing a long-term commitment to Afghanistan. Such report 

3 shall include— 

4 (1) a certification by the President that such 

5 recommendations have been implemented and such 

6 policy goals have been achieved; or 

7 (2) if the President is unable to make the cer8 tification described in paragraph (1), a description 

9 of— 

10 (A) the steps taken to implement such rec11 ommendations and achieve such policy goals; 

12 (B) when the President expects such rec13 ommendations to be implemented and such pol14 icy goals to be achieved; and 

15 (C) any allocation of resources or other ac16 tions by Congress the President considers nec17 essary to implement such recommendations and 

18 achieve such policy goals. 

19 (c) TERMINATION OF DUTY TO REPORT.—The duty 

20 to submit a report under subsection (b) shall terminate 

21 when the President submits a certification pursuant to 

22 subsection (b)(1). 

23 (d) GAO REVIEW OF CERTIFICATION.—If the Presi24 dent submits a certification pursuant to subsection (b)(1), 

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1 cation, the Comptroller General shall submit to the rel2 evant congressional committees a report on whether the 

3 recommendations described in subsection (b) has been im4 plemented and whether the policy goals described in sub5 section (b) have been achieved. 

6 (e) RELEVANT CONGRESSIONAL COMMITTEES DE7 FINED.—In this section, the term ‘‘relevant congressional 

8 committees’’ means— 

9 (1) the Committee on International Relations 

10 and the Committee on Government Reform of the 

11 House of Representatives; and 

12 (2) the Committee on Foreign Relations and 

13 the Committee on Homeland Security and Govern14 mental Affairs of the Senate. 

15 SEC. 302. ACTIONS TO SUPPORT PAKISTAN AGAINST EX16 TREMISTS. 

17 (a) SENSE OF CONGRESS.—It is the sense of Con18 gress that— 

19 (1) the commitment of the President to provide 

20 $3,000,000,000 in assistance over the next five 

21 years to Pakistan should be commended; 

22 (2) the Government of the United States should 

23 provide assistance to Pakistan to improve Pakistan’s 

24 failing basic education system and to emphasize de25 velopment; 


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1 (3) the Government of the United States should 

2 strongly urge the Government of Pakistan to close 

3 Taliban-linked schools known as ‘‘madrassas’’, close 

4 terrorist training camps, and prevent Taliban forces 

5 from operating across the border between Pakistan 

6 and Afghanistan; and 

7 (4) the Government of the United States and 

8 the Government of Pakistan must redouble their ef9 forts to kill or capture Osama bin Laden and other 

10 high-ranking al Qaeda suspects that may be hiding 

11 in or around Pakistan. 

12 (b) REPORT.—Not later than 90 days after the date 

13 of the enactment of this Act, the Secretary of State shall 

14 submit to the Committee on International Relations of the 

15 House of Representatives and the Committee on Foreign 

16 Relations of the Senate a report on efforts by the Govern17 ment of Pakistan take the actions described in subsection 

18 (a)(3). 

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

20 (a) SENSE OF CONGRESS.—It is the sense of Con21 gress that— 

22 (1) the Government of the United States and 

23 the Government of Saudi Arabia should accelerate 

24 efforts to improve strategic dialogue between the two 


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1 countries, increase exchange programs, and promote 

2 pragmatic reforms in Saudi Arabia; and 

3 (2) the Government of Saudi Arabia should 

4 take additional steps to regulate charities and pro5 mote tolerance and moderation. 

6 (b) REPORT; CERTIFICATION.—Not later than 90 

7 days after the date of the enactment of this Act, and every 

8 90 days thereafter, the Secretary of State shall submit to 

9 the relevant congressional committees a report on the rec10 ommendations of the 9/11 Commission and the policy 

11 goals of section 7105 of the Intelligence Reform and Ter12 rorism Prevention Act of 2004 (Public Law 108–458) for 

13 improving dialogue between the people and Government 

14 of the United States and the people and Government of 

15 Saudi Arabia in order to improve the relationship between 

16 the two countries. Such report shall include— 

17 (1) a certification by the Secretary of State 

18 that such recommendations have been implemented 

19 and such policy goals have been achieved; or 

20 (2) if the Secretary of State is unable to make 

21 the certification described in paragraph (1), a de22 scription of— 

23 (A) the steps taken to implement such rec24 ommendations and achieve such policy goals; 


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1 (B) when the Secretary of State expects 

2 such recommendations to be implemented and 

3 such policy goals to be achieved; and 

4 (C) any allocation of resources or other ac5 tions by Congress the Secretary of State con6 siders necessary to implement such rec7 ommendations and achieve such policy goals. 

8 (c) TERMINATION OF DUTY TO REPORT.—The duty 

9 to submit a report under subsection (b) shall terminate 

10 when the Secretary of State submits a certification pursu11 ant to subsection (b)(1). 

12 (d) GAO REVIEW OF CERTIFICATION.—If the Sec13 retary of State submits a certification pursuant to sub14 section (b)(1), not later than 30 days after the submission 

15 of such certification, the Comptroller General shall submit 

16 to the relevant congressional committees a report on 

17 whether the recommendations described in subsection (b) 

18 have been implemented and whether the policy goals de19 scribed in subsection (b) have been achieved. 

20 (e) RELEVANT CONGRESSIONAL COMMITTEES DE21 FINED.—In this section, the term ‘‘relevant congressional 

22 committees’’ means— 

23 (1) the Committee on International Relations 

24 and the Committee on Government Reform of the 

25 House of Representatives; and 


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1 (2) the Committee on Foreign Relations and 

2 the Committee on Homeland Security and Govern3 mental Affairs of the Senate. 

4 SEC. 304. ELIMINATION OF TERRORIST SANCTUARIES. 

5 (a) NATIONAL COUNTERTERRORISM CENTER IDEN6 TIFICATION OF TERRORIST SANCTUARIES.—Subsection 

7 (d) of section 119 of National Security Act of 1947 (50 

8 U.S.C. 404o) is amended by adding at the end the fol9 lowing new paragraph: 

10 ‘‘(7) To identify each country whose territory is 

11 being used as a sanctuary for terrorists or terrorist 

12 organizations and each country whose territory may 

13 potentially be used as a sanctuary for terrorists or 

14 terrorist organizations and to develop a comprehen15 sive strategy to eliminate terrorist sanctuaries.’’. 

16 (b) REPORT.—Such section is further amended by 

17 adding at the end the following new subsection: 

18 ‘‘(k) REPORT ON TERRORIST SANCTUARIES.—Not 

19 later than 90 days after the date of the enactment of this 

20 Act, and annually thereafter, the Director of the National 

21 Counterterrorism Center shall submit to the Committee 

22 on International Relations, the Permanent Select Com23 mittee on Intelligence, the Committee on Homeland Secu24 rity, and the Committee on Government Reform of the 

25 House of Representatives and the Committee on Foreign 


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1 Relations, the Select Committee on Intelligence, and the 

2 Committee on Homeland Security and Governmental Af3 fairs of the Senate a report on terrorist sanctuaries, in4 cluding a description of the— 

5 ‘‘(1) countries whose territory is being used as 

6 a sanctuary for terrorists or terrorist organizations; 

7 ‘‘(2) countries whose territory may potentially 

8 be used as a sanctuary for terrorists or terrorist or9 ganizations; 

10 ‘‘(3) strategy to eliminate each such sanctuary; 

11 and 

12 ‘‘(4) progress that has been made in accom13 plishing such strategy.’’. 

14 SEC. 305. COMPREHENSIVE COALITION STRATEGY AGAINST 

15 ISLAMIST TERRORISM. 

16 (a) SENSE OF CONGRESS.—It is the sense of Con17 gress that the United States— 

18 (1) should continue to engage other countries in 

19 developing a comprehensive coalition strategy 

20 against Islamist terrorism; and 

21 (2) should use a broader approach to target the 

22 roots of terrorism, including developing strategies 

23 with other countries to encourage reform efforts in 

24 Saudi Arabia and Pakistan, improving educational 

25 and economic opportunities in Muslim countries, 


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1 identifying and eliminating terrorist sanctuaries, and 

2 making progress in the Arab-Israeli peace process. 

3 (b) REPORT; CERTIFICATION.—Not later than 30 

4 days after the date of the enactment of this Act, and every 

5 30 days thereafter, the Secretary of State shall submit to 

6 the relevant congressional committees a report on the rec7 ommendations of the 9/11 Commission and the policy 

8 goals of section 7117 of the Intelligence Reform and Ter9 rorism Prevention Act of 2004 (Public Law 108–458) for 

10 engaging other countries in developing a comprehensive 

11 coalition strategy for combating terrorism. Such report 

12 shall include— 

13 (1) a certification by the Secretary of State 

14 that such recommendations have been implemented 

15 and such policy goals have been achieved; or 

16 (2) if the Secretary of State is unable to make 

17 the certification described in paragraph (1), a de18 scription of— 

19 (A) the steps taken to implement such rec20 ommendations and achieve such policy goals; 

21 (B) when the Secretary of State expects 

22 such recommendations to be implemented and 

23 such policy goals to be achieved; and 

24 (C) any allocation of resources or other ac25 tions by Congress the Secretary of State conVerDate Aug 31 2005 00:17 Sep 14, 2006 Jkt 049200 PO 00000 Frm 00150 Fmt 6652 Sfmt 6201 E:\BILLS\S3875.PCS S3875

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1 siders necessary to implement such rec2 ommendations and achieve such policy goals. 

3 (c) TERMINATION OF DUTY TO REPORT.—The duty 

4 to submit a report under subsection (b) shall terminate 

5 when the Secretary of State submits a certification pursu6 ant to subsection (b)(1). 

7 (d) GAO REVIEW OF CERTIFICATION.—If the Sec8 retary of State submits a certification pursuant to sub9 section (b)(1), not later than 30 days after the submission 

10 of such certification, the Comptroller General shall submit 

11 to the relevant congressional committees a report on 

12 whether the recommendations described in subsection (b) 

13 have been implemented and whether the policy goals de14 scribed in subsection (b) have been achieved. 

15 (e) RELEVANT CONGRESSIONAL COMMITTEES DE16 FINED.—In this section, the term ‘‘relevant congressional 

17 committees’’ means— 

18 (1) the Committee on International Relations 

19 and the Committee on Government Reform of the 

20 House of Representatives; and 

21 (2) the Committee on Foreign Relations and 

22 the Committee on Homeland Security and Govern23 mental Affairs of the Senate. 


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1 SEC. 306. STANDARDS FOR THE DETENTION AND HUMANE 

2 TREATMENT OF CAPTURED TERRORISTS. 

3 (a) REPORT; CERTIFICATION.—Not later than 30 

4 days after the date of the enactment of this Act, and every 

5 30 days thereafter, the Secretary of State, in consultation 

6 with the Attorney General, shall submit to the relevant 

7 congressional committees a report on the recommenda8 tions of the 9/11 Commission for engaging United States 

9 allies to develop a common coalition approach toward the 

10 detention and humane treatment of captured terrorists 

11 and the policy goals of sections 1002, 1003, and 1005 of 

12 the Department of Defense, Emergency Supplemental Ap13 propriations to Address Hurricanes in the Gulf of Mexico, 

14 and Pandemic Influenza Act, 2006 (Public Law 109–148). 

15 Such report shall include— 

16 (1) a certification by the Secretary of State 

17 that such recommendations have been implemented 

18 and such policy goals have been achieved; or 

19 (2) if the Secretary of State is unable to make 

20 the certification described in paragraph (1), a de21 scription of— 

22 (A) the steps taken to implement such rec23 ommendations and achieve such policy goals; 

24 (B) when the Secretary of State expects 

25 such recommendations to be implemented and 

26 such policy goals to be achieved; and 


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1 (C) any allocation of resources or other ac2 tions by Congress the Secretary of State con3 siders necessary to implement such rec4 ommendations and achieve such policy goals. 

5 (b) TERMINATION OF DUTY TO REPORT.—The duty 

6 to submit a report under subsection (a) shall terminate 

7 when the Secretary of State submits a certification pursu8 ant to subsection (a)(1). 

9 (c) GAO REVIEW OF CERTIFICATION.—If the Sec10 retary of State submits a certification pursuant to sub11 section (a)(1), not later than 30 days after the submission 

12 of such certification, the Comptroller General shall submit 

13 to the relevant congressional committees a report on 

14 whether the recommendations described in subsection (a) 

15 have been implemented and whether the policy goals de16 scribed in subsection (a) have been achieved. 

17 (d) RELEVANT CONGRESSIONAL COMMITTEES DE18 FINED.—In this section, the term ‘‘relevant congressional 

19 committees’’ means— 

20 (1) the Committee on International Relations, 

21 the Committee on Armed Services, and the Com22 mittee on Government Reform of the House of Rep23 resentatives; and 

24 (2) the Committee on Foreign Relations, the 

25 Committee on Armed Services, and the Committee 


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1 on Homeland Security and Governmental Affairs of 

2 the Senate. 

3 SEC. 307. USE OF ECONOMIC POLICIES TO COMBAT TER4 RORISM. 

5 (a) REPORT; CERTIFICATION.—Not later than 90 

6 days after the date of the enactment of this Act, and every 

7 90 days thereafter, the Secretary of State, in consultation 

8 with the United States Trade Representative, shall submit 

9 to the relevant congressional committees a report on the 

10 recommendations of the 9/11 Commission and the policy 

11 goals of section 7115 of the Intelligence Reform and Ter12 rorism Prevention Act of 2004 (Public Law 108–458) for 

13 developing economic policies to combat terrorism. Such re14 port shall include— 

15 (1) a certification by the Secretary of State 

16 that such recommendations have been implemented 

17 and such policy goals have been achieved, including 

18 a description of the extent to which the policy goals 

19 of paragraphs (1) through (4) of section 7115(b) of 

20 the Intelligence Reform and Terrorism Prevention 

21 Act of 2004 have been achieved; or 

22 (2) if the Secretary of State is unable to make 

23 the certification described in paragraph (1), a de24 scription of— 


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1 (A) the steps taken to implement such rec2 ommendations and achieve such policy goals; 

3 (B) when the Secretary of State expects 

4 such recommendations to be implemented and 

5 such policy goals to be achieved; and 

6 (C) any allocation of resources or other ac7 tions by Congress the Secretary of State con8 siders necessary to implement such rec9 ommendations and achieve such policy goals. 

10 (b) TERMINATION OF DUTY TO REPORT.—The duty 

11 to submit a report under subsection (a) shall terminate 

12 when the Secretary of State submits a certification pursu13 ant to subsection (a)(1). 

14 (c) GAO REVIEW OF CERTIFICATION.—If the Sec15 retary of State submits a certification pursuant to sub16 section (a)(1), not later than 30 days after the submission 

17 of such certification, the Comptroller General shall submit 

18 to the relevant congressional committees a report on 

19 whether the recommendations described in subsection (a) 

20 have been implemented and whether the policy goals de21 scribed in subsection (a) have been achieved. 

22 (d) RELEVANT CONGRESSIONAL COMMITTEES DE23 FINED.—In this section, the term ‘‘relevant congressional 

24 committees’’ means— 


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1 (1) the Committee on International Relations 

2 and the Committee on Government Reform of the 

3 House of Representatives; and 

4 (2) the Committee on Foreign Relations and 

5 the Committee on Homeland Security and Govern6 mental Affairs of the Senate. 

7 SEC. 308. ACTIONS TO ENSURE VIGOROUS EFFORTS 

8 AGAINST TERRORIST FINANCING. 

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

11 (1) Financial institutions have too little infor12 mation about money laundering and terrorist financ13 ing compliance in other markets. 

14 (2) The current Financial Action Task Force 

15 designation system does not adequately represent 

16 the progress countries are making in combatting 

17 money laundering. 

18 (3) Lack of information about the compliance 

19 of countries with anti-money laundering standards 

20 exposes United States financial markets to excessive 

21 risk. 

22 (4) Failure to designate countries that fail to 

23 make progress in combatting terrorist financing and 

24 money laundering eliminates incentives for internal 

25 reform. 


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1 (5) The Secretary of the Treasury has an af2 firmative duty to provide to financial institutions 

3 and examiners the best possible information on com4 pliance with anti-money laundering and terrorist fi5 nancing initiatives in other markets. 

6 (b) REPORT.—Not later than March 1 each year, the 

7 Secretary of the Treasury shall submit to the relevant con8 gressional committees a report that identifies the applica9 ble standards of each country against money laundering 

10 and states whether that country is a country of primary 

11 money laundering concern under section 5318A of title 31, 

12 United States Code. The report shall include— 

13 (1) information on the effectiveness of each 

14 country in meeting its standards against money 

15 laundering; 

16 (2) a determination of whether that the efforts 

17 of that country to combat money laundering and ter18 rorist financing are adequate, improving, or inad19 equate; and 

20 (3) the efforts made by the Secretary to provide 

21 to the government of each such country of concern 

22 technical assistance to cease the activities that were 

23 the basis for the determination that the country was 

24 of primary money laundering concern. 


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1 (c) DISSEMINATION OF INFORMATION IN REPORT.— 

2 The Secretary of the Treasury shall make available to the 

3 Federal Financial Institutions Examination Council for 

4 incorporation into the examination process, in consultation 

5 with Federal banking agencies, and to financial institu6 tions the information contained in the report submitted 

7 under subsection (b). Such information shall be made 

8 available to financial institutions without cost. 

9 (d) DEFINITIONS.—In this section: 

10 (1) FINANCIAL INSTITUTION.—The term ‘‘fi11 nancial institution’’ has the meaning given that term 

12 in section 5312(a)(2) of title 31, United States 

13 Code. 

14 (2) RELEVANT CONGRESSIONAL COMMIT15 TEES.—The term ‘‘relevant congressional commit16 tees’’ means— 

17 (A) the Committee on Financial Services, 

18 the Committee on Government Reform, and the 

19 Committee on the Judiciary of the House of 

20 Representatives; and 

21 (B) the Committee on Banking, Housing, 

22 and Urban Affairs, the Committee on Home23 land Security and Governmental Affairs, and 

24 the Committee on the Judiciary of the Senate. 


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1 Subtitle B—Public Diplomacy 

2 SEC. 311. PUBLIC DIPLOMACY RESPONSIBILITIES OF THE 

3 DEPARTMENT OF STATE AND PUBLIC DIPLO4 MACY TRAINING OF MEMBERS OF THE FOR5 EIGN SERVICE. 

6 (a) REPORT; CERTIFICATION.—Not later than 30 

7 days after the date of the enactment of this Act, and every 

8 30 days thereafter, the Secretary of State shall submit to 

9 the relevant congressional committees a report on the rec10 ommendations of the 9/11 Commission and the policy 

11 goals of sections 7109 and 7110 the Intelligence Reform 

12 and Terrorism Prevention Act of 2004 (Public Law 108– 

13 458), and the amendments made by such sections, regard14 ing the public diplomacy responsibilities of the Depart15 ment of State and public diplomacy training of members 

16 of the Foreign Service. Such report shall include— 

17 (1) a certification by the Secretary of State 

18 that such recommendations have been implemented 

19 and such policy goals have been achieved; or 

20 (2) if the Secretary of State is unable to make 

21 the certification described in paragraph (1), a de22 scription of— 

23 (A) the steps taken to implement such rec24 ommendations and achieve such policy goals; 


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1 (B) when the Secretary of State expects 

2 such recommendations to be implemented and 

3 such policy goals to be achieved; and 

4 (C) any allocation of resources or other ac5 tions by Congress the Secretary of State con6 siders necessary to implement such rec7 ommendations and achieve such policy goals. 

8 (b) TERMINATION OF DUTY TO REPORT.—The duty 

9 to submit a report under subsection (a) shall terminate 

10 when the Secretary of State submits a certification pursu11 ant to subsection (a)(1). 

12 (c) GAO REVIEW OF CERTIFICATION.—If the Sec13 retary of State submits a certification pursuant to sub14 section (a)(1), not later than 30 days after the submission 

15 of such certification, the Comptroller General shall submit 

16 to the relevant congressional committees a report on 

17 whether the recommendations described in subsection (a) 

18 have been implemented and whether the policy goals de19 scribed in subsection (a) have been achieved. 

20 (d) RELEVANT CONGRESSIONAL COMMITTEES DE21 FINED.—In this section, the term ‘‘relevant congressional 

22 committees’’ means— 

23 (1) the Committee on International Relations 

24 and the Committee on Government Reform of the 

25 House of Representatives; and 


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1 (2) the Committee on Foreign Relations and 

2 the Committee on Homeland Security and Govern3 mental Affairs of the Senate. 

4 SEC. 312. INTERNATIONAL BROADCASTING. 

5 (a) REPORT.—Not later than 90 days after the date 

6 of the enactment of this Act, the Broadcasting Board of 

7 Governors shall submit to the relevant congressional com8 mittees a report on— 

9 (1) the activities of Radio Sawa and Radio Al10 Hurra; and 

11 (2) the extent to which the activities of Radio 

12 Sawa and Radio Al-Hurra have been successful, in13 cluding an analysis of impact of the activities on the 

14 audience and audience demographics and whether or 

15 not funding is adequate to carry out the activities. 

16 (b) RELEVANT CONGRESSIONAL COMMITTEES DE17 FINED.—In this section, the term ‘‘relevant congressional 

18 committees’’ means— 

19 (1) the Committee on International Relations 

20 and the Committee on Government Reform of the 

21 House of Representatives; and 

22 (2) the Committee on Foreign Relations and 

23 the Committee on Homeland Security and Govern24 mental Affairs of the Senate. 


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1 SEC. 313. EXPANSION OF UNITED STATES SCHOLARSHIP, 

2 EXCHANGE, AND LIBRARY PROGRAMS IN THE 

3 ISLAMIC WORLD. 

4 (a) REPORT; CERTIFICATION.—Not later than 30 

5 days after the date of the enactment of this Act, and every 

6 30 days thereafter, the Secretary of State shall submit to 

7 the relevant congressional committees a report on the rec8 ommendations of the 9/11 Commission and the policy 

9 goals of sections 7112 of the Intelligence Reform and Ter10 rorism Prevention Act of 2004 (Public Law 108–458) for 

11 expanding United States scholarship, exchange, and li12 brary programs in the Islamic world. Such report shall 

13 include— 

14 (1) a certification by the Secretary of State 

15 that such recommendations have been implemented 

16 and such policy goals have been achieved; or 

17 (2) if the Secretary of State is unable to make 

18 the certification described in paragraph (1), a de19 scription of— 

20 (A) the steps taken to implement such rec21 ommendations and achieve such policy goals; 

22 (B) when the Secretary of State expects 

23 such recommendations to be implemented and 

24 such policy goals to be achieved; and 

25 (C) any allocation of resources or other ac26 tions by Congress the Secretary of State conVerDate Aug 31 2005 00:17 Sep 14, 2006 Jkt 049200 PO 00000 Frm 00162 Fmt 6652 Sfmt 6201 E:\BILLS\S3875.PCS S3875

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1 siders necessary to implement such rec2 ommendations and achieve such policy goals. 

3 (b) TERMINATION OF DUTY TO REPORT.—The duty 

4 to submit a report under subsection (a) shall terminate 

5 when the Secretary of State submits a certification pursu6 ant to subsection (a)(1). 

7 (c) GAO REVIEW OF CERTIFICATION.—If the Sec8 retary of State submits a certification pursuant to sub9 section (a)(1), not later than 30 days after the submission 

10 of such certification, the Comptroller General shall submit 

11 to the relevant congressional committees a report on 

12 whether the recommendations described in subsection (a) 

13 have been implemented and whether the policy goals de14 scribed in subsection (a) have been achieved. 

15 (d) RELEVANT CONGRESSIONAL COMMITTEES DE16 FINED.—In this section, the term ‘‘relevant congressional 

17 committees’’ means— 

18 (1) the Committee on International Relations 

19 and the Committee on Government Reform of the 

20 House of Representatives; and 

21 (2) the Committee on Foreign Relations and 

22 the Committee on Homeland Security and Govern23 mental Affairs of the Senate. 


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1 SEC. 314. INTERNATIONAL YOUTH OPPORTUNITY FUND. 

2 (a) SENSE OF CONGRESS.—It is the sense of Con3 gress that— 

4 (1) the Middle East Partnership Initiative 

5 (MEPI) and the United States Agency for Inter6 national Development should be commended for ini7 tiating programs in predominantly Muslim countries 

8 to support secular education improvements and the 

9 teaching of English, including programs that focus 

10 on the education of women; 

11 (2) the secular education programs of MEPI 

12 and the United States Agency for International De13 velopment are a constructive start to answering the 

14 challenge of secular education in predominantly 

15 Muslim countries; 

16 (3) the secular education programs of MEPI 

17 and the United States Agency for International De18 velopment should be components of an overall strat19 egy for educational assistance—itself one component 

20 of an overall United States strategy for 

21 counterterrorism—targeted where the need and the 

22 benefit to the national security of the United States 

23 are greatest; and 

24 (4) upon formation of a broader strategy for 

25 international educational assistance targeted toward 


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1 the Middle East, a significant increase in funding 

2 for these initiatives should be provided. 

3 (b) INTERNATIONAL YOUTH OPPORTUNITY FUND.— 

4 There are authorized to be appropriated to the Secretary 

5 of State $50,000,000 for each of fiscal years 2007 and 

6 2008 to support the establishment of an International 

7 Youth Opportunity Fund pursuant to section 7114 of the 

8 Intelligence Reform and Terrorism Prevention Act of 

9 2004 (Public Law 108–458). 

10 Subtitle C—Nonproliferation 

11 SEC. 321. SHORT TITLE. 

12 This subtitle may be cited as the ‘‘Omnibus Non13 proliferation and Anti-Nuclear Terrorism Act of 2006’’. 

14 SEC. 322. FINDINGS. 

15 Congress makes the following findings: 

16 (1) LOOSE NUCLEAR WEAPONS AND MATERIALS

17 IN THE FORMER SOVIET UNION.— 

18 (A) There are in the world today enormous 

19 stockpiles of nuclear weapons and the materials 

20 required to make them. Counting materials 

21 both in assembled warheads and in other forms, 

22 worldwide totals are estimated to encompass 

23 some 1,900 tons of highly enriched uranium 

24 (enough for 143,000 nuclear weapons) and 


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1 1,855 tons of plutonium (enough for 330,000 

2 nuclear weapons). 

3 (B) The Russian Federation alone is esti4 mated to have over 1,000 tons of highly en5 riched uranium (enough for over 80,000 nuclear 

6 weapons) and 140 tons of plutonium (enough 

7 for over 30,000 nuclear weapons). 

8 (C) The United States has been working 

9 for over a decade to eliminate stockpiles of loose 

10 nuclear weapons and materials in the former 

11 Soviet Union, but the Department of Energy 

12 acknowledges that there is still a need to prop13 erly secure about 460 tons of weapons-usable 

14 Russian nuclear material (outside of warheads), 

15 enough for more than 35,000 nuclear weapons. 

16 (D) A recent report by the Central Intel17 ligence Agency faulted the security of nuclear 

18 arsenal facilities in the Russian Federation and 

19 assessed that ‘‘undetected smuggling has oc20 curred.’’ 

21 (E) There are at least 18 documented inci22 dents of ‘‘proliferation significant’’ fissile mate23 rial trafficking from facilities in the former So24 viet Union between 1991 and 2001. In one inci25 dent in 1998, an inside conspiracy at a Russian 


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1 nuclear weapons facility attempted to steal 18.5 

2 kilograms of highly enriched uranium. In an3 other incident, 2 kilograms of highly enriched 

4 uranium taken from a research facility in 

5 Sukhumi, Georgia, has never been recovered. 

6 (F) In May 1994, German police found a 

7 small but worrisome quantity of supergrade 

8 plutonium in the garage of Adolf Jackle. Ex9 tremely expensive to produce, this rare item 

10 was likely stolen from one of Russia’s two pre11 mier nuclear weapons laboratories. 

12 (G) Comprehensive security upgrades are 

13 not yet completed at 90 percent of Russian nu14 clear warhead bunkers for Russia’s Strategic 

15 Rocket Forces. 

16 (H) Border security in the former Soviet 

17 Union is inconsistent at best. Existing infra18 structure helps at the outer borders of the 

19 former Soviet Union but many borders internal 

20 to the former Soviet Union, such as the border 

21 between Kazakhstan and the Russian Federa22 tion, exist only on a map. 

23 (2) LOOSE NUCLEAR MATERIALS AROUND THE

24 GLOBE.— 


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1 (A) Dangerous caches of weapons-usable 

2 nuclear materials, much of it poorly secured 

3 and vulnerable to theft, exist in a multitude of 

4 facilities around the world. For example, there 

5 are over 130 research reactors in over 40 coun6 tries that house highly enriched uranium, some 

7 with enough to manufacture an atomic bomb. 

8 In total, about 40 tons of highly enriched ura9 nium, enough for over 1,000 nuclear weapons, 

10 is estimated to remain in civilian research reac11 tors. 

12 (B) Over the last 50 years, the United 

13 States is known to have exported about 27.5 

14 tons of highly enriched uranium to 43 countries 

15 to help develop nuclear power production or bol16 ster scientific initiatives. In 1996, the United 

17 States began an effort to recover the more than 

18 17.5 tons of the nuclear material that was still 

19 overseas, but has recovered only about 1 ton, 

20 according to the Department of Energy and the 

21 Government Accountability Office. 

22 (C) It is especially important to keep high23 ly enriched uranium out of terrorists’ hands be24 cause, with minimal expertise, they could use it 

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1 on—a device in which a high explosive is used 

2 to blow one subcritical piece of highly enriched 

3 uranium from one end of a tube into another 

4 subcritical piece held at the opposite end of the 

5 tube. 

6 (D) To Osama bin Laden, acquiring weap7 ons of mass destruction is a ‘‘religious duty’’. 

8 Al Qaeda and more than two dozen other ter9 rorist groups are pursuing capability to use 

10 weapons of mass destruction. 

11 (E) Osama bin Laden’s press spokesman, 

12 Sulaiman Abu Ghaith, has announced that the 

13 group aspires ‘‘to kill 4 million Americans, in14 cluding 1 million children,’’ in response to cas15 ualties supposedly inflicted on Muslims by the 

16 United States and Israel. 

17 (F) Al Qaeda documents recovered in Af18 ghanistan reveal a determined research effort 

19 focused on nuclear weapons. 

20 (3) SECURITY STANDARDS FOR ALL NUCLEAR

21 WEAPONS AND MATERIALS.— 

22 (A) There are no international binding 

23 standards for the secure handling and storage 

24 of nuclear weapons and materials. 


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1 (B) Making a nuclear weapon requires only 

2 4 to 5 kilograms of plutonium or 12 to 15 kilo3 grams of highly enriched uranium. 

4 (C) In October 2001, the United States 

5 Government became very concerned that Al 

6 Qaeda may have smuggled a 10-kiloton Russian 

7 nuclear warhead into New York City. If placed 

8 in lower Manhattan, such a device would prob9 ably kill 100,000 people instantly, seriously in10 jure tens of thousands more, and render the en11 tire area uninhabitable for decades to come. 

12 (4) RUSSIA’S NUCLEAR EXPERTISE.— 

13 (A) Employment at the large nuclear facili14 ties in the Russian Federation’s 10 closed nu15 clear cities is estimated to be in the range of 

16 120,000 to 130,000 people, of whom approxi17 mately 75,000 were employed on nuclear weap18 ons-related work. 

19 (B) Poor wages and living conditions in 

20 Russian ‘‘nuclear cities’’ have inspired protests 

21 and strikes among the employees working in 

22 them. 

23 (C) Insiders have been caught attempting 

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1 ties, presumably to sell on the lucrative black 

2 market. 

3 SEC. 323. ESTABLISHMENT OF OFFICE OF NONPROLIFERA4 TION PROGRAMS IN THE EXECUTIVE OFFICE 

5 OF THE PRESIDENT. 

6 (a) ESTABLISHMENT.—There is established in the 

7 Executive Office of the President an Office of Non8 proliferation Programs (in this section referred to as the 

9 ‘‘Office’’). 

10 (b) DIRECTOR; ASSOCIATE DIRECTORS.—There shall 

11 be at the head of the Office a Director who shall be ap12 pointed by the President, by and with the advice and con13 sent of the Senate, and who shall be compensated at the 

14 rate provided for level II of the Executive Schedule in sec15 tion 5313 of title 5, United States Code. The President 

16 is authorized to appoint not more than four Associate Di17 rectors, by and with the advice and consent of the Senate, 

18 who shall be compensated at a rate not to exceed that pro19 vided for level III of the Executive Schedule in section 

20 5314 of such title. Associate Directors shall perform such 

21 functions as the Director may prescribe. 

22 (c) PRIMARY FUNCTIONS OF DIRECTOR.— 

23 (1) IN GENERAL.—The primary function of the 

24 Director is to coordinate and lead— 


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1 (A) efforts by the United States to curb 

2 terrorist access to nuclear technology, mate3 rials, or expertise; and 

4 (B) other United States nonproliferation 

5 activities, including nuclear nonproliferation ac6 tivities and activities to counter other weapons 

7 of mass destruction. 

8 (2) SPECIFIC FUNCTIONS.—In addition to such 

9 other functions and activities as the President may 

10 assign, the Director shall— 

11 (A) advise the President, and others within 

12 the Executive Office of the President, on the 

13 role and effect of such nonproliferation activi14 ties on national security and international rela15 tions; 

16 (B) lead the development and implementa17 tion of a plan (including appropriate budgets, 

18 other resources, goals, and metrics for assessing 

19 progress) to ensure that all the highest-priority 

20 actions to prevent terrorists from getting and 

21 using nuclear weapons are taken in the shortest 

22 possible time, including but not limited to a 

23 fast-paced global effort to ensure that every nu24 clear warhead and every kilogram of weapons25 usable nuclear material worldwide is secured 


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1 and accounted for, to standards sufficient to de2 feat demonstrated terrorist and criminal 

3 threats, as rapidly as that objective can be ac4 complished; 

5 (C) identify obstacles to accelerating and 

6 strengthening efforts to prevent terrorists from 

7 getting and using nuclear weapons, and raise 

8 approaches to overcoming these obstacles for 

9 action by the President or other appropriate of10 ficials; 

11 (D) lead an effort, to be carried out jointly 

12 by the various Federal agencies responsible for 

13 carrying out such nonproliferation activities, to 

14 establish priorities among those activities and 

15 to develop and implement strategies and budg16 ets that reflect those priorities; 

17 (E) build strong partnerships with respect 

18 to such nonproliferation activities among Fed19 eral, State, and local governments, foreign gov20 ernments, international organizations, and non21 governmental organizations; and 

22 (F) evaluate the scale, quality, and effec23 tiveness of the Federal effort with respect to 

24 such nonproliferation activities and advise on 

25 appropriate actions. 


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1 SEC. 324. REMOVAL OF RESTRICTIONS ON COOPERATIVE 

2 THREAT REDUCTION PROGRAMS. 

3 (a) REPEAL OF RESTRICTIONS.— 

4 (1) RESTRICTIONS ON ASSISTANCE IN DE5 STROYING FORMER SOVIET WEAPONS.—Section 

6 211(b) of the Soviet Nuclear Threat Reduction Act 

7 of 1991 (22 U.S.C. 2551 note) is repealed. 

8 (2) RESTRICTIONS ON AUTHORITY TO CARRY

9 OUT CTR PROGRAMS.—Section 1203(d) of the Coop10 erative Threat Reduction Act of 1993 (title XII of 

11 Public Law 103–160; 22 U.S.C. 5952(d)) is re12 pealed. 

13 (3) LIMITATION ON USE OF FUNDS FOR CHEM14 ICAL WEAPONS DESTRUCTION.—Section 1305 of the 

15 National Defense Authorization Act for Fiscal Year 

16 2000 (22 U.S.C. 5952 note) is repealed. 

17 (b) EXEMPTION FROM LIMITATIONS.—Cooperative 

18 Threat Reduction programs may be carried out notwith19 standing any other provision of law, subject to congres20 sional notification and reporting requirements that apply 

21 to the use of funds available for Cooperative Threat Re22 duction programs or the carrying out of projects or activi23 ties under such programs. 

24 (c) INAPPLICABILITY OF OTHER RESTRICTIONS.— 

25 Section 502 of the Freedom for Russia and Emerging 

26 Eurasian Democracies and Open Markets Support Act of 


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1 1992 (22 U.S.C. 5852) shall not apply to any Cooperative 

2 Threat Reduction program. 

3 SEC. 325. REMOVAL OF RESTRICTIONS ON DEPARTMENT 

4 OF ENERGY NONPROLIFERATION PROGRAMS. 

5 Section 4301 of the Atomic Energy Defense Act (50 

6 U.S.C. 2561) is repealed. 

7 SEC. 326. MODIFICATIONS OF AUTHORITY TO USE COOPER8 ATIVE THREAT REDUCTION PROGRAM FUNDS 

9 OUTSIDE THE FORMER SOVIET UNION. 

10 Section 1308 of the National Defense Authorization 

11 Act for Fiscal Year 2004 (Public Law 108–136; 117 Stat. 

12 1662; 22 U.S.C. 5963) is amended— 

13 (1) by striking ‘‘President’’ each place it ap14 pears and inserting ‘‘Secretary of Defense’’; 

15 (2) in subsection (a), by striking ‘‘each of the 

16 following’’ and all that follows through the period at 

17 the end and inserting the following: ‘‘that such 

18 project or activity will— 

19 ‘‘(1) assist the United States in the resolution 

20 of a critical emerging proliferation threat; or 

21 ‘‘(2) permit the United States to take advan22 tage of opportunities to achieve long-standing non23 proliferation goals.’’; 

24 (3) by striking subsections (c) and (d); and 


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1 (4) by redesignating subsection (e) as sub2 section (c). 

3 SEC. 327. MODIFICATIONS OF AUTHORITY TO USE INTER4 NATIONAL NUCLEAR MATERIALS PROTEC5 TION AND COOPERATION PROGRAM FUNDS 

6 OUTSIDE THE FORMER SOVIET UNION. 

7 Section 3124 of the National Defense Authorization 

8 Act for Fiscal Year 2004 (Public Law 108–136; 117 Stat. 

9 1747) is amended— 

10 (1) by striking ‘‘President’’ each place it ap11 pears and inserting ‘‘Secretary of Energy’’; 

12 (2) in subsection (a), by striking ‘‘each of the 

13 following’’ and all that follows through the period at 

14 the end and inserting the following: ‘‘that such 

15 project or activity will— 

16 ‘‘(1) assist the United States in the resolution 

17 of a critical emerging proliferation threat; or 

18 ‘‘(2) permit the United States to take advan19 tage of opportunities to achieve long-standing non20 proliferation goals.’’; 

21 (3) by striking subsections (c) and (d); and 

22 (4) by redesignating subsection (e) as sub23 section (c). 


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1 SEC. 328. SPECIAL REPORTS ON ADHERENCE TO ARMS 

2 CONTROL AGREEMENTS AND NON3 PROLIFERATION COMMITMENTS. 

4 (a) REPORTS REQUIRED.—At least annually, the 

5 Secretary of State shall submit to the appropriate congres6 sional committees a report on each country in which a Co7 operative Threat Reduction program is being carried out. 

8 The report shall describe that country’s commitments to— 

9 (1) making substantial national investments in 

10 infrastructure to secure, safeguard, and destroy 

11 weapons of mass destruction; 

12 (2) forgoing any military modernization exceed13 ing legitimate defense requirements, including re14 placement of weapons of mass destruction; 

15 (3) forgoing any use of fissionable materials or 

16 any other components of deactivated nuclear weap17 ons in a new nuclear weapons program; 

18 (4) complying with all relevant arms control 

19 agreements; 

20 (5) adopting and enforcing national and inter21 national export controls over munitions and dual-use 

22 items; and 

23 (6) facilitating the verification by the United 

24 States and international community of that coun25 try’s compliance with such commitments. 


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1 (b) FORM.—The report required under subsection (a) 

2 may be submitted with the report required under section 

3 403 of the Arms Control and Disarmament Act (22 

4 U.S.C. 2593a). 

5 SEC. 329. PRESIDENTIAL REPORT ON IMPEDIMENTS TO 

6 CERTAIN NONPROLIFERATION ACTIVITIES. 

7 Not later than 90 days after the date of the enact8 ment of this Act, the President shall submit to the appro9 priate congressional committees a report identifying im10 pediments (including liability concerns, taxation issues, ac11 cess rights, and other impediments) to— 

12 (1) the ongoing renegotiation of the umbrella 

13 agreement relating to Cooperative Threat Reduction; 

14 and 

15 (2) the ongoing negotiations for the implemen16 tation of the Plutonium Disposition Program, the 

17 Nuclear Cities Initiative, and other defense nuclear 

18 nonproliferation programs. 

19 SEC. 330. ENHANCEMENT OF GLOBAL THREAT REDUCTION 

20 INITIATIVE. 

21 Section 3132 of the Ronald W. Reagan National De22 fense Authorization Act for Fiscal Year 2005 (Public Law 

23 108–375; 118 Stat. 2166; 50 U.S.C. 2569) is amended— 

24 (1) in subsection (b)— 


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1 (A) in the subsection heading, by striking 

2 ‘‘PROGRAM AUTHORIZED’’ and inserting ‘‘PRO3 GRAM REQUIRED’’; and 

4 (B) by striking ‘‘The Secretary of Energy 

5 may’’ and inserting ‘‘The President, acting 

6 through the Secretary of Energy, shall’’; and 

7 (2) in subsection (c)(1), by adding at the end 

8 the following new subparagraph: 

9 ‘‘(N) Take such other actions as may be nec10 essary to effectively implement the Global Threat 

11 Reduction Initiative.’’. 

12 SEC. 331. EXPANSION OF PROLIFERATION SECURITY INI13 TIATIVE. 

14 (a) SENSE OF CONGRESS RELATING TO PROLIFERA15 TION SECURITY INITIATIVE.—It is the sense of Congress 

16 that— 

17 (1) the President should strive to expand and 

18 strengthen the Proliferation Security Initiative an19 nounced by the President on May 31, 2003, placing 

20 particular emphasis on including countries outside of 

21 NATO; and 

22 (2) the United States should engage the United 

23 Nations to develop a Security Council Resolution to 

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1 thority to stop shipments of weapons of mass de2 struction, their delivery systems, and related mate3 rials. 

4 (b) AUTHORIZATION OF APPROPRIATIONS RELATING

5 TO PROLIFERATION SECURITY INITIATIVE.—There are 

6 authorized to be appropriated for fiscal year 2007, 

7 $50,000,000 to conduct joint training exercises regarding 

8 interdiction of weapons of mass destruction under the Pro9 liferation Security Initiative. Particular emphasis should 

10 be given to allocating funds from such amount— 

11 (1) to invite other countries that do not partici12 pate in the Proliferation Security Initiative to ob13 serve the joint training exercises; and 

14 (2) to conduct training exercises with countries 

15 that openly join the Proliferation Security Initiative 

16 after the date of the enactment of this Act. 

17 SEC. 332. SENSE OF CONGRESS RELATING TO INTER18 NATIONAL SECURITY STANDARDS FOR NU19 CLEAR WEAPONS AND MATERIALS. 

20 It is the sense of Congress that the President should 

21 seek to devise and implement standards to improve the 

22 security of nuclear weapons and materials by— 

23 (1) establishing with other willing nations a set 

24 of performance-based standards for the security of 

25 nuclear weapons and weapons; 


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1 (2) negotiating with those nations an agreement 

2 to adopt the standards and implement appropriate 

3 verification measures to assure ongoing compliance; 

4 and 

5 (3) coordinating with those nations and the 

6 International Atomic Energy Agency to strongly en7 courage other states to adopt and verifiably imple8 ment the standards. 

9 SEC. 333. AUTHORIZATION OF APPROPRIATIONS RELATING 

10 TO INVENTORY OF RUSSIAN TACTICAL NU11 CLEAR WARHEADS AND DATA EXCHANGES. 

12 In addition to any other amounts authorized to be 

13 appropriated for such purposes, there are authorized to 

14 be appropriated to the Administrator for Nuclear Security 

15 for fiscal year 2007, $5,000,000 for assistance to Russia 

16 to facilitate the conduct of a comprehensive inventory of 

17 the stockpile of Russia of— 

18 (1) non-strategic nuclear weapons; and 

19 (2) nuclear weapons, whether strategic or non20 strategic, that are not secured by PALs or other 

21 electronic means. 


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1 SEC. 334. REPORT ON ACCOUNTING FOR AND SECURING OF 

2 RUSSIA’S NON-STRATEGIC NUCLEAR WEAP3 ONS. 

4 Not later than 120 days after the date of the enact5 ment of this Act, the Secretary of Defense shall submit 

6 to the appropriate congressional committees a report on 

7 Russia’s non-strategic nuclear weapons. The report 

8 shall— 

9 (1) detail past and current efforts of the United 

10 States to encourage a proper accounting for and se11 curing of Russia’s non-strategic nuclear weapons 

12 and Russia’s nuclear weapons, whether strategic or 

13 non-strategic, that are not secured by PALs or other 

14 electronic means; 

15 (2) detail the actions that are most likely to 

16 lead to progress in improving the accounting for and 

17 securing or dismantlement of such weapons; and 

18 (3) detail the feasibility of enhancing the na19 tional security of the United States by developing in20 creased transparency between the United States and 

21 Russia with respect to the numbers, locations, and 

22 descriptions of such weapons and of the cor23 responding weapons of the United States. 


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1 SEC. 335. RESEARCH AND DEVELOPMENT INVOLVING AL2 TERNATIVE USE OF WEAPONS OF MASS DE3 STRUCTION EXPERTISE. 

4 (a) AUTHORITY TO USE FUNDS.—Notwithstanding 

5 any other provision of law and subject to subsection (c), 

6 any funds available to a department or agency of the Fed7 eral Government may be used to conduct non-defense re8 search and development in Russia and the states of the 

9 former Soviet Union on technologies specified in sub10 section (b) utilizing scientists in Russia and the states of 

11 the former Soviet Union who have expertise in— 

12 (1) nuclear weapons; or 

13 (2) chemical or biological weapons, but only if 

14 such scientists no longer engage, or have never en15 gaged, in activities supporting prohibited chemical or 

16 biological capabilities. 

17 (b) TECHNOLOGIES.—The technologies specified in 

18 this subsection are technologies on the following: 

19 (1) Environmental restoration and monitoring. 

20 (2) Proliferation detection. 

21 (3) Health and medicine, including research. 

22 (4) Energy. 

23 (c) LIMITATION.—Funds may not be used under sub24 section (a) for research and development if the Secretary 

25 of State, in consultation with the Secretary of Defense and 


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1 the Secretary of Energy, determines that such research 

2 and development will— 

3 (1) pose a threat to the security interests of the 

4 United States; or 

5 (2) further materially any defense technology. 

6 (d) AUTHORIZATION OF APPROPRIATIONS.— 

7 (1) IN GENERAL.—There is authorized to be 

8 appropriated to the Department of State 

9 $20,000,000 for fiscal year 2007 for the following 

10 purposes: 

11 (A) To make determinations under sub12 section (c). 

13 (B) To defray any increase in costs in14 curred by the Department of State, or any 

15 other department or agency of the Federal Gov16 ernment, for research and development, or dem17 onstration, as a result of research and develop18 ment conducted under this section. 

19 (2) AVAILABILITY.—(A) Amounts authorized to 

20 be appropriated by paragraph (1) are authorized to 

21 remain available until expended. 

22 (B) Any amount transferred to a department or 

23 agency of the Federal Government pursuant to para24 graph (1)(B) shall be merged with amounts available 

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1 cerned, and shall be available for the same purposes, 

2 and for the same period, as amounts with which 

3 merged. 

4 SEC. 336. STRENGTHENING THE NUCLEAR NONPROLIFERA5 TION TREATY. 

6 (a) FINDINGS.—Congress makes the following find7 ings: 

8 (1) Article IV of the Treaty on the Non-Pro9 liferation of Nuclear Weapons (commonly referred to 

10 as the Nuclear Nonproliferation Treaty or NPT) (21 

11 UST 483) states that countries that are parties to 

12 the treaty have the ‘‘inalienable right . . . to develop 

13 research, production and use of nuclear energy for 

14 peaceful purposes without discrimination and in con15 formity with articles I and II of this treaty.’’. 

16 (2) The rights outlined under article IV include 

17 all fuel cycle activities, despite the fact that uranium 

18 enrichment and plutonium production potentially put 

19 a country in a position to produce weapons usable 

20 material. 

21 (3) David Bergmann, former chairman of the 

22 Israeli Atomic Energy Commission, stated: ‘‘. . . by 

23 developing atomic energy for peaceful uses, you 

24 reach the nuclear weapon option. There are not two 

25 atomic energies’’. 


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1 (4) The wording of article IV has made it pos2 sible for countries that are parties to the NPT trea3 ty to use peaceful nuclear programs as a cover for 

4 weapons programs. In particular, the misuse by 

5 North Korea and Iran of these provisions threatens 

6 to undercut the viability of the nuclear nonprolifera7 tion regime and the entire system of international 

8 nuclear commerce. 

9 (5) If the international community fails to de10 vise effective measures to deal with the ‘‘loophole’’ in 

11 article IV, then there is a great likelihood that the 

12 ranks of countries possessing nuclear weapons will 

13 increase markedly in the next decade. 

14 (b) PRESIDENTIAL REPORT ON CONTROL OF NU15 CLEAR FUEL CYCLE TECHNOLOGIES AND MATERIAL.— 

16 Not later than 90 days after the date of the enactment 

17 of this Act, the President shall submit to the appropriate 

18 congressional committees a report identifying ways to 

19 more effectively control nuclear fuel cycle technologies and 

20 material, including ways that the United States can mobi21 lize the international community to close the ‘‘loophole’’ 

22 of article IV of the NPT, without undermining the treaty 

23 itself. 

24 SEC. 337. DEFINITIONS. 

25 In this subtitle: 


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1 (1) APPROPRIATE CONGRESSIONAL COMMIT2 TEES.—The term ‘‘appropriate congressional com3 mittees’’ means— 

4 (A) the Committee on International Rela5 tions, the Committee on Armed Services, the 

6 Committee on Homeland Security, and the 

7 Committee on Appropriations of the House of 

8 Representatives; and 

9 (B) the Committee on Foreign Relations, 

10 the Committee on Armed Services, the Com11 mittee on Homeland Security and Govern12 mental Affairs, and the Committee on Appro13 priations of the Senate. 

14 (2) COOPERATIVE THREAT REDUCTION PRO15 GRAMS.—The term ‘‘Cooperative Threat Reduction 

16 programs’’ means programs and activities specified 

17 in section 1501(b) of the National Defense Author18 ization Act for Fiscal Year 1997 (Public Law 104– 

19 201; 110 Stat. 2731; 50 U.S.C. 2362 note). 

20 DIVISION B—COMBATTING 

21 TERRORISM 

22 SEC. 1001. SHORT TITLE. 

23 This division may be cited as the ‘‘Targeting Terror24 ists More Effectively Act of 2006’’. 


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1 TITLE XI—EFFECTIVELY 

2 TARGETING TERRORISTS 

3 SEC. 1101. SENSE OF CONGRESS ON SPECIAL OPERATIONS 

4 FORCES AND RELATED MATTERS. 

5 It is the sense of Congress that— 

6 (1) the number of active-duty Army Special 

7 Forces-qualified personnel should be increased dur8 ing the four years after the date of the enactment 

9 of this Act so that on the date that is four years 

10 after the date of such enactment such number is 

11 9,290; 

12 (2) an additional 16 Predator aircraft should be 

13 acquired for the Air Force Special Operations Com14 mand by the end of fiscal year 2008; 

15 (3) an additional Special Operations squadron 

16 should be established not later than fiscal year 2009; 

17 and 

18 (4) the increase in the number of regular and 

19 reserve component personnel who are assigned civil 

20 affairs duty should be accelerated. 

21 SEC. 1102. FOREIGN LANGUAGE EXPERTISE. 

22 (a) FINDINGS.—Congress makes the following find23 ings: 

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

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1 sonal expertise in the languages and cultures of the 

2 societies where terrorism has taken root, including a 

3 substantial increase in the number of national secu4 rity personnel who obtain expert lingual training. 

5 (2) The National Commission on Terrorist At6 tacks Upon the United States identified the coun7 tries in the Middle East, South Asia, Southeast 

8 Asia, and West Africa as countries that serve or 

9 could serve as terrorist havens. 

10 (3) Although 22 countries have Arabic as their 

11 official language, the National Commission on Ter12 rorist Attacks Upon the United States found that a 

13 total of only 6 undergraduate degrees for the study 

14 of Arabic were granted by United States colleges 

15 and universities in 2002. 

16 (4) The report of the National Commission on 

17 Terrorist Attacks Upon the United States contained 

18 several criticisms of the lack of linguistic expertise 

19 in the Central Intelligence Agency and the Federal 

20 Bureau of Investigation prior to the September 11, 

21 2001 terrorist attacks, and called for the Central In22 telligence Agency to ‘‘develop a stronger language 

23 program, with high standards and sufficient finan24 cial incentives’’. 


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1 (5) An audit conducted by the Department of 

2 Justice in July 2004, revealed that the Federal Bu3 reau of Investigation has a backlog of hundreds of 

4 thousands of untranslated audio recordings from ter5 ror and espionage investigations. 

6 (6) The National Security Education Program 

7 Trust Fund, which funds critical grant and scholar8 ship programs for linguistic training in regions crit9 ical to national security, will have exhausted all its 

10 funding by fiscal year 2006, unless additional appro11 priations are made to the Trust Fund. 

12 (b) SENSE OF CONGRESS.—It is the sense of Con13 gress that— 

14 (1) the overwhelming majority of Muslims re15 ject terrorism and a small, radical minority has 

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

17 great faiths to seek justification for acts of ter18 rorism, such radical Islamic fundamentalism con19 stitutes a primary threat to the national security in20 terests of the United States, and an effective strat21 egy for combating terrorism should include increas22 ing the number of personnel throughout the Federal 

23 Government with expertise in languages spoken in 

24 predominately Muslim countries and in the culture 

25 of such countries; 


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1 (2) Muslim-Americans constitute an integral 

2 and cherished part of the fabric of American society 

3 and possess many talents, including linguistic, his4 toric, and cultural expertise that should be har5 nessed in the war against radical, fundamentalist 

6 terror; and 

7 (3) amounts appropriated for the National 

8 Flagship Language Initiative pursuant to the 

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

10 used to support the establishment, operation, and 

11 improvement of programs for the study of Arabic, 

12 Persian, and other Middle Eastern, South Asian, 

13 Southeast Asian, and West African languages in in14 stitutes of higher education in the United States. 

15 (c) AUTHORIZATION OF APPROPRIATIONS.— 

16 (1) NATIONAL SECURITY EDUCATION TRUST

17 FUND.—Section 810 of the David L. Boren National 

18 Security Education Act of 1991 (50 U.S.C. 1910) is 

19 amended by adding at the end the following: 

20 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS FOR THE

21 FUND FOR FISCAL YEAR 2007.— 

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

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

24 year 2007. 


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1 ‘‘(2) AVAILABILITY OF FUNDS.—Amounts ap2 propriated pursuant to the authorization of appro3 priations in paragraph (1) shall remain available 

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

5 such amounts may be obligated and expended during 

6 any fiscal year.’’. 

7 (2) NATIONAL FLAGSHIP LANGUAGE INITIA8 TIVE.— 

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

10 David L. Boren National Security Education 

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

12 striking ‘‘there is authorized to be appropriated 

13 to the Secretary for each fiscal year, beginning 

14 with fiscal year 2003, $10,000,000’’ and insert15 ing ‘‘there are authorized to be appropriated to 

16 the Secretary for each fiscal year 2003 through 

17 2006, $10,000,000, and for each fiscal year 

18 after fiscal year 2006, $20,000,000,’’. 

19 (B) AVAILABILITY OF FUNDS.—Section 

20 811(b) of such Act (50 U.S.C. 1911(b)) is 

21 amended by inserting ‘‘for fiscal years 2003 

22 through 2006’’ after ‘‘this section’’. 

23 (3) DEMONSTRATION PROGRAM.—There are au24 thorized to be appropriated to the Director of Na25 tional Intelligence such sums as may be necessary 


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1 for each of fiscal years 2007, 2008, and 2009 in 

2 order to carry out the demonstration program estab3 lished under subsection (c). 

4 SEC. 1103. CURTAILING TERRORIST FINANCING. 

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

7 (1) The report of the National Commission on 

8 Terrorist Attacks Upon the United States stated 

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

10 must remain front and center in United States 

11 counterterrorism efforts’’. 

12 (2) The report of the Independent Task Force 

13 sponsored by the Council on Foreign Relations stat14 ed that ‘‘currently existing U. S. and international 

15 policies, programs, structures, and organizations will 

16 be inadequate to assure sustained results commensu17 rate with the ongoing threat posed to the national 

18 security of the United States’’. 

19 (3) The report of the Independent Task Force 

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

21 will depend critically upon the structure, integration, 

22 and focus of the U. S. Government—and any inter23 governmental efforts undertaken to address this 

24 problem’’. 

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


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1 (1) to work with the Government of Saudi Ara2 bia to curtail terrorist financing originating from 

3 that country using a range of methods, including di4 plomacy, intelligence, and law enforcement; 

5 (2) to ensure effective coordination and suffi6 cient resources for efforts of the agencies and de7 partments of the United States to disrupt terrorist 

8 financing by carrying out, through the Office of Ter9 rorism and Financial Intelligence in the Department 

10 of the Treasury, a comprehensive analysis of the 

11 budgets and activities of all such agencies and de12 partments that are related to disrupting the financ13 ing of terrorist organizations; 

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

15 United States with the appropriate number of per16 sonnel to carry out the activities of such agency or 

17 department related to disrupting the financing of 

18 terrorist organizations; 

19 (4) to centralize the coordination of the efforts 

20 of the United States to combat terrorist financing 

21 and utilize existing authorities to identify foreign ju22 risdictions and foreign financial institutions sus23 pected of abetting terrorist financing and take ac24 tions to prevent the provision of assistance to terror25 ists; and 


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

2 enforce strong domestic terrorist financing laws, and 

3 increase funding for bilateral and multilateral pro4 grams to enhance training and capacity-building in 

5 countries who request assistance. 

6 (c) AUTHORIZATION OF APPROPRIATIONS TO PRO7 VIDE TECHNICAL ASSISTANCE TO PREVENT FINANCING

8 OF TERRORISTS.— 

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

10 appropriated to the President for the ‘‘Economic 

11 Support Fund’’ to provide technical assistance under 

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

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

14 foreign countries to assist such countries in pre15 venting the financing of terrorist activities— 

16 (A) for fiscal year 2007, $300,000,000; 

17 and 

18 (B) for fiscal years 2008 and 2009, such 

19 sums as may be necessary. 

20 (2) AVAILABILITY OF FUNDS.—Amounts appro21 priated pursuant to the authorization of appropria22 tions in this subsection are authorized to remain 

23 available until expended. 

24 (3) ADDITIONAL FUNDS.—Amounts authorized 

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1 tion to amounts otherwise available for such pur2 poses. 

3 SEC. 1104. PROHIBITION ON TRANSACTIONS WITH COUN4 TRIES THAT SUPPORT TERRORISM. 

5 (a) CLARIFICATION OF CERTAIN ACTIONS UNDER

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

7 under the International Emergency Economic Powers Act 

8 (50 U.S.C. 1701 et seq.) with respect to a foreign country, 

9 or persons dealing with or associated with the government 

10 of that foreign country, and the government of that for11 eign country is determined by the Secretary of State to 

12 have repeatedly provided support for acts of international 

13 terrorism, such action shall apply to a United States per14 son or other person. 

15 (b) DEFINITIONS.—In this section: 

16 (1) CONTROLLED IN FACT.—The term ‘‘is con17 trolled in fact’’ includes— 

18 (A) in the case of a corporation, holds at 

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

20 structure of the corporation; and 

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

22 entity, holds interests representing at least 50 

23 percent of the capital structure of the entity. 

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

25 the several States of the United States, the District 


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1 of Columbia, the Commonwealth of Puerto Rico, 

2 Guam, the Virgin Islands, and other territories or 

3 possessions of the United States. 

4 (3) UNITED STATES PERSON.—The term 

5 ‘‘United States person’’ includes any United States 

6 citizen, permanent resident alien, entity organized 

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

8 (including foreign branches), wherever located, or 

9 any other person in the United States. 

10 (c) APPLICABILITY.— 

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

12 President has taken action under the International 

13 Emergency Economic Powers Act and such action is 

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

15 the provisions of subsection (a) shall not apply to a 

16 United States person (or other person) if such per17 son divests or terminates its business with the gov18 ernment or person identified by such action within 

19 90 days after the date of the enactment of this Act. 

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

21 any case in which the President takes action under 

22 the International Emergency Economic Powers Act 

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

24 the provisions of subsection (a) shall not apply to a 

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1 son divests or terminates its business with the gov2 ernment or person identified by such action within 

3 90 days after the date of such action. 

4 (d) NOTIFICATION OF CONGRESS OF TERMINATION

5 OF INVESTIGATION BY OFFICE OF FOREIGN ASSETS CON6 TROL.—The Office of Federal Procurement Policy Act (41 

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

8 following new section: 

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

10 OF INVESTIGATION BY OFFICE OF FOREIGN 

11 ASSETS CONTROL. 

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

13 shall notify Congress upon the termination of any inves14 tigation by the Office of Foreign Assets Control of the 

15 Department of the Treasury if any sanction is imposed 

16 by the Director of such office as a result of the investiga17 tion.’’. 

18 SEC. 1105. COMPTROLLER GENERAL REPORT ON UNITED 

19 KINGDOM AND UNITED STATES ANTI-TER20 RORISM POLICIES AND PRACTICES. 

21 (a) REPORT REQUIRED.—Not later than July 1, 

22 2007, the Comptroller General of the United States shall 

23 submit to Congress a report setting forth a comparative 

24 analysis of the anti-terrorism policies and practices of the 

25 United Kingdom and the United States. 


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1 (b) ELEMENTS.—The report required by subsection 

2 (a) shall include a comparative analysis of the following: 

3 (1) The counter-intelligence laws and methods 

4 of the United Kingdom and the United States. 

5 (2) The structure of the intelligence and law 

6 enforcement agencies of the United Kingdom Gov7 ernment and the United States Government. 

8 (3) The compliance by the executive agencies of 

9 the United Kingdom and the United States with the 

10 laws of such country applicable to terrorism. 

11 (4) The constitutional and legal considerations 

12 that enter into the development of anti-terrorism 

13 policies in the United Kingdom and the United 

14 States. 

15 SEC. 1106. ENHANCEMENT OF INTELLIGENCE COMMUNITY 

16 EFFORTS TO BRING OSAMA BIN LADEN AND 

17 OTHER AL QAEDA LEADERS TO JUSTICE. 

18 (a) ADDITIONAL APPROPRIATION FOR INTEL19 LIGENCE COMMUNITY MANAGEMENT ACCOUNT.—There 

20 is hereby appropriated for the fiscal year ending Sep21 tember 30, 2007, for the Intelligence Community Manage22 ment Account $200,000,000 which amount shall be avail23 able only for a unit dedicated to bringing to justice Osama 

24 bin Laden and other key leaders of al Qaeda. 


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1 (b) REPORTS ON EFFORTS.—Not later than 60 days 

2 after the date of the enactment of this Act, and every 90 

3 days thereafter, the Secretary of Defense shall, in con4 sultation with other appropriate officials, submit to the 

5 congressional defense committees, the Committee on 

6 International Relations of the House of Representatives, 

7 and the Committee on Foreign Relations of the Senate 

8 a classified report on progress made by the operations in 

9 the global war on terrorism for which funding is provided 

10 in subsection (a), including— 

11 (1) an assessment of the likely current location 

12 of terrorist leaders (including Osama bin Laden and 

13 other key leaders of al Qaeda); 

14 (2) a description of ongoing efforts to bring to 

15 justice such terrorists; 

16 (3) a description of the cooperation provided by 

17 the governments of any countries assessed as likely 

18 locations of top leaders of al Qaeda and by other rel19 evant countries; 

20 (4) a description of diplomatic efforts currently 

21 being made to improve the cooperation of any gov22 ernments described in paragraph (3); and 

23 (5) a description of the status of, and strategy 

24 for bringing to justice, perpetrators of terrorism in25 cluding the top leadership of al Qaeda. 


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1 TITLE XII—PREVENTING THE 

2 GROWTH OF RADICAL IS3 LAMIC FUNDAMENTALISM 

4 Subtitle A—Quality Educational 

5 Opportunities 

6 SEC. 1201. 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. 1202. ANNUAL REPORT TO CONGRESS. 

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

15 State shall submit to the appropriate congressional com16 mittees a report on the efforts of countries in the devel17 oping world to increase the availability of basic education 

18 and to close educational institutions that promote religious 

19 extremism and terrorism. Each report shall include— 

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

21 and sustained efforts to increase the availability of 

22 basic education and to close educational institutions 

23 that promote religious extremism and terrorism; 

24 (2) a list of countries that are making efforts 

25 to increase the availability of basic education and to 


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1 close educational institutions that promote religious 

2 extremism and terrorism, but such efforts are not 

3 serious and sustained; and 

4 (3) a list of countries that are not making ef5 forts to increase the availability of basic education 

6 and to close educational institutions that promote 

7 religious extremism and terrorism. 

8 SEC. 1203. AUTHORIZATION OF APPROPRIATIONS. 

9 (a) INTERNATIONAL EDUCATION PROGRAMS.—There 

10 are authorized to be appropriated to the President for 

11 ‘‘Development Assistance’’ for international education 

12 programs carried out under sections 105 and 496 of the 

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

14 2293)— 

15 (1) for fiscal year 2007, $1,000,000,000; and 

16 (2) for fiscal years 2008 and 2009, such sums 

17 as may be necessary. 

18 (b) INTERNATIONAL YOUTH OPPORTUNITY FUND.— 

19 There are authorized to be appropriated to the President 

20 for fiscal years 2007, 2008, and 2009 such sums as may 

21 be necessary for the United States contribution to the 

22 International Youth Opportunity Fund authorized under 

23 section 7114 of the 9/11 Commission Implementation Act 

24 of 2004 (Public Law 108–458) for international education 

25 programs. 


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

2 appropriated in this section are in addition to amounts 

3 otherwise available for such purposes. 

4 Subtitle B—Democracy and 

5 Development in the Muslim World 

6 SEC. 1211. PROMOTING DEMOCRACY AND DEVELOPMENT 

7 IN THE MIDDLE EAST, CENTRAL ASIA, SOUTH 

8 ASIA, AND SOUTHEAST ASIA. 

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

11 (1) Al-Qaeda and affiliated groups have estab12 lished a terrorist network with linkages throughout 

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

14 Southeast Asia. 

15 (2) While political repression and lack of eco16 nomic development do not justify terrorism, in17 creased political freedoms and economic growth can 

18 contribute to an environment that undercuts ten19 dencies and conditions that facilitate the rise of ter20 rorist organizations. 

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

22 United States to promote democracy, good govern23 ance, political freedom, independent media, women’s 

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1 nomic systems in the countries of the Middle East, 

2 Central Asia, South Asia, and Southeast Asia. 

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

4 (1) to promote the objectives described in sub5 section (a)(3) in the countries of the Middle East, 

6 Central Asia, South Asia, and Southeast Asia; 

7 (2) to provide assistance and resources to orga8 nizations that are committed to promoting such ob9 jectives; and 

10 (3) to work with other countries and inter11 national organizations to increase the resources de12 voted to promoting such objectives. 

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

14 date of the enactment of this Act, the Secretary of State 

15 shall submit to Congress a strategy to promote the policy 

16 of the United States set out in subsection (b). Such strat17 egy shall describe how funds appropriated pursuant to the 

18 authorization of appropriations in subsection (d) will be 

19 used. 

20 (d) AUTHORIZATION OF APPROPRIATIONS.— 

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

22 appropriated to the President for the ‘‘Economic 

23 Support Fund’’ for activities carried out under chap24 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 2007, $500,000,000; 

4 and 

5 (B) for fiscal years 2008 and 2009, 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 build and support democratic 

15 institutions, democratic parties, human rights orga16 nizations, independent media, and the efforts to pro17 mote the rights of women. 

18 (3) ADDITIONAL FUNDS.—Amounts authorized 

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

20 to amounts otherwise available for such purposes. 

21 SEC. 1212. MIDDLE EAST FOUNDATION. 

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

23 support, through the provision of grants, technical assist24 ance, training, and other programs, in the countries of the 

25 Middle East, the expansion of— 


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1 (1) civil society; 

2 (2) opportunities for political participation for 

3 all citizens; 

4 (3) protections for internationally recognized 

5 human rights, including the rights of women; 

6 (4) educational system reforms; 

7 (5) independent media; 

8 (6) policies that promote economic opportunities 

9 for citizens; 

10 (7) the rule of law; and 

11 (8) democratic processes of government. 

12 (b) MIDDLE EAST FOUNDATION.— 

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

14 authorized to designate an appropriate private, non15 profit organization that is organized or incorporated 

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

17 as the Middle East Foundation (referred to in this 

18 section as the ‘‘Foundation’’). 

19 (2) FUNDING.—The Secretary of State is au20 thorized to provide funding to the Foundation 

21 through the Middle East Partnership Initiative of 

22 the Department of State. The Foundation shall use 

23 amounts provided under this paragraph to carry out 

24 the purposes of this section, including through makVerDate Aug 31 2005 00:17 Sep 14, 2006 Jkt 049200 PO 00000 Frm 00208 Fmt 6652 Sfmt 6201 E:\BILLS\S3875.PCS S3875

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1 ing grants and providing other assistance to entities 

2 to carry out programs for such purposes. 

3 (3) NOTIFICATION TO CONGRESSIONAL COMMIT4 TEES.—The Secretary of State shall notify the Com5 mittee on Foreign Relations of the Senate and the 

6 Committee on International Relations of the House 

7 of Representatives prior to designating an appro8 priate organization as the Foundation. 

9 (c) GRANTS FOR PROJECTS.— 

10 (1) FOUNDATION TO MAKE GRANTS.—The Sec11 retary of State shall enter into an agreement with 

12 the Foundation that requires the Foundation to use 

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

14 grants to persons (other than governments or gov15 ernment entities) located in the Middle East or 

16 working with local partners based in the Middle 

17 East to carry out projects that support the purposes 

18 specified in subsection (a). 

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

20 agreement described in paragraph (1), the Founda21 tion may make a grant to an institution of higher 

22 education located in the Middle East to create a cen23 ter for public policy for the purpose of permitting 

24 scholars and professionals from the countries of the 

25 Middle East and from other countries, including the 


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1 United States, to carry out research, training pro2 grams, and other activities to inform public policy3 making in the Middle East and to promote broad 

4 economic, social, and political reform for the people 

5 of the Middle East. 

6 (3) APPLICATIONS FOR GRANTS.—An entity 

7 seeking a grant from the Foundation under this sec8 tion shall submit an application to the head of the 

9 Foundation at such time, in such manner, and in10 cluding such information as the head of the Founda11 tion may reasonably require. 

12 (d) PRIVATE CHARACTER OF THE FOUNDATION.— 

13 Nothing in this section shall be construed to— 

14 (1) make the Foundation an agency or estab15 lishment of the United States Government, or to 

16 make the officers or employees of the Foundation of17 ficers or employees of the United States for purposes 

18 of title 5, United States Code; or 

19 (2) to impose any restriction on the Founda20 tion’s acceptance of funds from private and public 

21 sources in support of its activities consistent with 

22 the purposes of this section. 

23 (e) LIMITATION ON PAYMENTS TO FOUNDATION

24 PERSONNEL.—No part of the funds provided to the Foun25 dation under this section shall inure to the benefit of any 


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1 officer or employee of the Foundation, except as salary 

2 or reasonable compensation for services. 

3 (f) RETENTION OF INTEREST.—The Foundation may 

4 hold funds provided under this section in interest-bearing 

5 accounts prior to the disbursement of such funds to carry 

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

7 for such purposes any interest earned without returning 

8 such interest to the Treasury of the United States and 

9 without further appropriation by Congress. 

10 (g) FINANCIAL ACCOUNTABILITY.— 

11 (1) INDEPENDENT PRIVATE AUDITS OF THE

12 FOUNDATION.—The accounts of the Foundation 

13 shall be audited annually in accordance with gen14 erally accepted auditing standards by independent 

15 certified public accountants or independent licensed 

16 public accountants certified or licensed by a regu17 latory authority of a State or other political subdivi18 sion of the United States. The report of the inde19 pendent audit shall be included in the annual report 

20 required by subsection (h). 

21 (2) GAO AUDITS.—The financial transactions 

22 undertaken pursuant to this section by the Founda23 tion may be audited by the General Accounting Of24 fice in accordance with such principles and proce25 dures and under such rules and regulations as may 


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1 be prescribed by the Comptroller General of the 

2 United States. 

3 (3) AUDITS OF GRANT RECIPIENTS.— 

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

5 from the Foundation shall agree to permit an 

6 audit of the books and records of such recipient 

7 related to the use of the grant funds. 

8 (B) RECORDKEEPING.—Such recipient 

9 shall maintain appropriate books and records to 

10 facilitate an audit referred to subparagraph 

11 (A), including— 

12 (i) separate accounts with respect to 

13 the grant funds; 

14 (ii) records that fully disclose the use 

15 of the grant funds; 

16 (iii) records describing the total cost 

17 of any project carried out using grant 

18 funds; and 

19 (iv) the amount and nature of any 

20 funds received from other sources that 

21 were combined with the grant funds to 

22 carry out a project. 

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

24 2007, and annually thereafter, the Foundation shall sub25 mit to Congress and make available to the public an anVerDate Aug 31 2005 00:17 Sep 14, 2006 Jkt 049200 PO 00000 Frm 00212 Fmt 6652 Sfmt 6201 E:\BILLS\S3875.PCS S3875

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1 nual report that includes, for the fiscal year prior to the 

2 fiscal year in which the report is submitted, a comprehen3 sive and detailed description of— 

4 (1) the operations and activities of the Founda5 tion that were carried out using funds provided 

6 under this section; 

7 (2) grants made by the Foundation to other en8 tities with funds provided under this section; 

9 (3) other activities of the Foundation to further 

10 the purposes of this section; and 

11 (4) the financial condition of the Foundation. 

12 Subtitle C—Restoring American 

13 Moral Leadership 

14 SEC. 1221. ADVANCING UNITED STATES INTERESTS 

15 THROUGH PUBLIC DIPLOMACY. 

16 (a) FINDINGS.—Congress makes the following find17 ings: 

18 (1) The United States needs to improve its 

19 communication of information and ideas to people in 

20 foreign countries, particularly in countries with sig21 nificant Muslim populations. 

22 (2) Public diplomacy should reaffirm the para23 mount commitment of the United States to demo24 cratic principles, including preserving the civil libVerDate Aug 31 2005 00:17 Sep 14, 2006 Jkt 049200 PO 00000 Frm 00213 Fmt 6652 Sfmt 6201 E:\BILLS\S3875.PCS S3875

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1 erties of all the people of the United States, includ2 ing Muslim-Americans. 

3 (3) The report of the National Commission on 

4 Terrorist Attacks Upon the United States stated 

5 that, ‘‘Recognizing that Arab and Muslim audiences 

6 rely on satellite television and radio, the government 

7 has begun some promising initiatives in television 

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

9 Afghanistan. These efforts are beginning to reach 

10 large audiences. The Broadcasting Board of Gov11 ernors has asked for much larger resources. It 

12 should get them.’’. 

13 (4) A significant expansion of United States 

14 international broadcasting would provide a cost-ef15 fective means of improving communication with 

16 countries with significant Muslim populations by 

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

18 cultural programming, through both radio and tele19 vision broadcasts. 

20 (b) SPECIAL AUTHORITY FOR SURGE CAPACITY.— 

21 The United States International Broadcasting Act of 1994 

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

23 the following new section: 

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

25 ‘‘(a) EMERGENCY AUTHORITY.— 


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1 ‘‘(1) IN GENERAL.—Whenever the President de2 termines it to be important to the national interests 

3 of the United States and so certifies to the appro4 priate congressional committees, the President, on 

5 such terms and conditions as the President may de6 termine, is authorized to direct any department, 

7 agency, or other entity of the United States to fur8 nish the Broadcasting Board of Governors with such 

9 assistance as may be necessary to provide inter10 national broadcasting activities of the United States 

11 with a surge capacity to support United States for12 eign policy objectives during a crisis abroad. 

13 ‘‘(2) SUPERSEDES EXISTING LAW.—The au14 thority of paragraph (1) supersedes any other provi15 sion of law. 

16 ‘‘(3) SURGE CAPACITY DEFINED.—In this sub17 section, the term ‘surge capacity’ means the finan18 cial and technical resources necessary to carry out 

19 broadcasting activities in a geographical area during 

20 a crisis. 

21 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— 

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

23 appropriated to the President such sums as may be 

24 necessary for the President to carry out this section, 

25 except that no such amount may be appropriated 


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1 which, when added to amounts previously appro2 priated for such purpose but not yet obligated, 

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

4 ‘‘(2) AVAILABILITY OF FUNDS.—Amounts ap5 propriated pursuant to the authorization of appro6 priations in this subsection are authorized to remain 

7 available until expended. 

8 ‘‘(3) DESIGNATION OF APPROPRIATIONS.— 

9 Amounts appropriated pursuant to the authorization 

10 of appropriations in this subsection may be referred 

11 to as the ‘United States International Broadcasting 

12 Surge Capacity Fund’.’’. 

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

14 President and Congress by the Broadcasting Board of 

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

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

17 6204(a)(9)) shall provide a detailed description of any ac18 tivities carried out under section 316 of such Act, as added 

19 by subsection (b). 

20 (d) AUTHORIZATION OF APPROPRIATIONS FOR

21 UNITED STATES INTERNATIONAL BROADCASTING ACTIVI22 TIES.— 

23 (1) IN GENERAL.—In addition to amounts oth24 erwise available for such purposes, the following 

25 amounts are authorized to be appropriated to carry 


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1 out United States Government broadcasting activi2 ties under the United States Information and Edu3 cational Exchange Act of 1948 (22 U.S.C. 1431 et 

4 seq.), the United States International Broadcasting 

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

6 Affairs Reform and Restructuring Act of 1998 (as 

7 enacted in division G of the Omnibus Consolidated 

8 and Emergency Supplemental Appropriations Act, 

9 1999; Public Law 105–277), and this division, and 

10 to carry out other authorities in law consistent with 

11 such purposes: 

12 (A) INTERNATIONAL BROADCASTING OPER13 ATIONS.—For ‘‘International Broadcasting Op14 erations’’, $500,000,000 for the fiscal year 

15 2007. 

16 (B) BROADCASTING CAPITAL IMPROVE17 MENTS.—For ‘‘Broadcasting Capital Improve18 ments’’, $70,000,000 for the fiscal year 2007. 

19 (2) AVAILABILITY OF FUNDS.—Amounts appro20 priated pursuant to the authorization of appropria21 tions in this section are authorized to remain avail22 able until expended. 


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1 SEC. 1222. DEPARTMENT OF STATE PUBLIC DIPLOMACY 

2 PROGRAMS. 

3 (a) UNITED STATES EDUCATIONAL, CULTURAL, AND

4 PUBLIC DIPLOMACY PROGRAMS.—There are authorized to 

5 be appropriated for the Department of State to carry out 

6 public diplomacy programs of the Department under the 

7 United States Information and Educational Exchange Act 

8 of 1948, the Mutual Educational and Cultural Exchange 

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

10 Foreign Affairs Reform and Restructuring Act of 1998, 

11 the Center for Cultural and Technical Interchange Be12 tween East and West Act of 1960, the Dante B. Fascell 

13 North-South Center Act of 1991, and the National En14 dowment for Democracy Act, and to carry out other au15 thorities in law consistent with the purposes of such Acts 

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

17 $500,000,000 for the fiscal year 2007. 

18 (b) ADMINISTRATION OF FOREIGN AFFAIRS.—There 

19 are authorized to be appropriated for the Department of 

20 State under ‘‘Administration of Foreign Affairs’’ to carry 

21 out the authorities, functions, duties, and responsibilities 

22 in the conduct of foreign affairs of the United States, and 

23 for other purposes authorized by law for ‘‘Diplomatic and 

24 Consular Programs’’, $500,000,000 for the fiscal year 

25 2007, which shall only be available for public diplomacy 

26 international information programs. 


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1 SEC. 1223. 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 (3) The Commission on Terrorist Attacks Upon 

18 the United States urged to the United States to en19 gage its friends to develop a common coalition ap20 proach toward the detention and humane treatment 

21 of captured terrorists. The 9/11 Public Discourse 

22 Project went on to give the Administration a rank23 ing of ‘‘unfulfilled’’ in this area, commenting that 

24 ‘‘[d]issession either at home or abroad on how the 

25 United States treats captured terrorists only makes 

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1 tary alliance necessary to fight the war on terror ef2 fectively’’. 

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

4 follows: 

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

6 all foreign persons captured, detained, interned, or 

7 otherwise held in the custody of the United States 

8 (hereinafter ‘‘detainees’’) humanely and in accord9 ance with the legal obligations under United States 

10 law and international law, including the obligations 

11 in the Convention Against Torture, the Geneva Con12 ventions, and the Detainee Treatment Act of 2005. 

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

14 officials of the United States are bound both in war15 time and in peacetime by the legal prohibitions 

16 against torture, cruel, inhumane, or degrading treat17 ment set out in the Constitution, laws, and treaties 

18 of the United States, as reiterated by the Supreme 

19 Court in Hamdan v. Rumsfeld (126 S. Ct. 2749 

20 (2006)). 

21 (3) If there is any doubt as to whether a de22 tainee is entitled to the protections afforded by the 

23 Geneva Conventions, it is the policy of the United 

24 States that such detainee shall enjoy the protections 

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1 oners of War, done at Geneva August 12, 1949 (6 

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

3 can be determined pursuant to the procedures au4 thorized by Army Regulation 190–8, Section 1–6. 

5 (4) It is the policy of the United States to expe6 ditiously process and, if appropriate, prosecute de7 tainees in the custody of the United States, includ8 ing detainees in custody at Guantanamo Bay, Cuba. 

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

10 appropriate congressional committees the following: 

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

12 the enactment of this Act, a report setting forth the 

13 number of individuals currently held at Guantanamo 

14 Bay, Cuba, the number of such individuals who are 

15 unlikely to face a military commission in the next six 

16 months, and each reason for not bringing such indi17 viduals before a military commission. 

18 (2) Not later than 90 days after the date of the 

19 enactment of this Act, a report setting forth all in20 terrogation techniques approved, as of the date of 

21 the enactment of this Act, by officials of the United 

22 States for use with detainees. 

23 (d) RULES, REGULATIONS, AND GUIDELINES.— 

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

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1 retary and the Director shall prescribe the rules, 

2 regulations, or guidelines necessary to ensure com3 pliance with the standards of the Detainee Treat4 ment Act of 2005 and Common Article 3 of the Ge5 neva Conventions by all personnel of the United 

6 States Government and by any person providing 

7 services to the United States Government on a con8 tract basis. 

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

10 the Director shall submit to Congress the rules, reg11 ulations, or guidelines prescribed under paragraph 

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

13 or guidelines— 

14 (A) not later than 30 days after the effec15 tive date of such rules, regulations, guidelines, 

16 or modifications; and 

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

18 the national security interests of the United 

19 States. 

20 (e) REPORTS ON POSSIBLE VIOLATIONS.— 

21 (1) REQUIREMENT.—The Secretary and the Di22 rector shall each submit, on a timely basis and not 

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

24 the circumstances surrounding, and a status report 

25 on, any investigation of, or prosecution on account 


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1 of, a possible violation of the standards specified in 

2 subsection (d)(1) by United States Government per3 sonnel or by a person providing services to the 

4 United States Government on a contract basis. 

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

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

7 and form that— 

8 (A) will protect the national security inter9 ests of the United States; and 

10 (B) will not prejudice any prosecution of 

11 an individual alleged to have violated the stand12 ards specified in subsection (d)(1). 

13 (f) DEFINITIONS.—In this section: 

14 (1) APPROPRIATE CONGRESSIONAL COMMIT15 TEES.—The term ‘‘appropriate congressional com16 mittees’’ means the Committee on Armed Services, 

17 the Committee on the Judiciary, and the Committee 

18 on Foreign Relations of the Senate and the Com19 mittee on Armed Services, the Committee on the Ju20 diciary, and the Committee on International Rela21 tions of the House of Representatives. 

22 (2) CONVENTION AGAINST TORTURE.—The 

23 term ‘‘Convention Against Torture’’ means the Con24 vention Against Torture and Other Cruel, Inhuman 


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1 or Degrading Treatment or Punishment, done at 

2 New York December 10, 1984. 

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

4 the Director of National Intelligence. 

5 (4) GENEVA CONVENTIONS.—The term ‘‘Gene6 va Conventions’’ means— 

7 (A) the Convention for the Amelioration of 

8 the Condition of the Wounded and Sick in 

9 Armed Forces in the Field, done at Geneva Au10 gust 12, 1949 (6 UST 3114); 

11 (B) the Convention for the Amelioration of 

12 the Condition of the Wounded, Sick, and Ship13 wrecked Members of Armed Forces at Sea, 

14 done at Geneva August 12, 1949 (6 UST 

15 3217); 

16 (C) the Convention Relative to the Treat17 ment of Prisoners of War, done at Geneva Au18 gust 12, 1949 (6 UST 3316); and 

19 (D) the Convention Relative to the Protec20 tion of Civilian Persons in Time of War, done 

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

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

23 the Secretary of Defense. 


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

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

3 United States Code. 

4 SEC. 1224. NATIONAL COMMISSION TO REVIEW POLICY RE5 GARDING THE TREATMENT OF DETAINEES. 

6 (a) ESTABLISHMENT OF COMMISSION.—There is es7 tablished the National Commission To Review Policy Re8 garding the Treatment of Detainees. 

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

10 as follows: 

11 (1) To examine and report upon the role of pol12 icymakers in the interrogation and detention policies 

13 related to the treatment of individuals detained dur14 ing Operation Iraqi Freedom or Operation Enduring 

15 Freedom. 

16 (2) To examine and report on the causes of the 

17 alleged mistreatment of detainees by United States 

18 personnel and the impact of such mistreatment on 

19 the security of the Armed Forces of the United 

20 States. 

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

22 the United States related to the treatment of indi23 viduals detained by the United States, including 

24 such reviews conducted by the executive branch, 

25 Congress, or other entities. 


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1 (c) COMPOSITION OF THE COMMISSION.— 

2 (1) MEMBERS.—The Commission shall be com3 posed of 15 members, of whom— 

4 (A) 3 members shall be appointed by the 

5 majority leader of the Senate; 

6 (B) 3 members shall be appointed by the 

7 Speaker of the House of Representatives; 

8 (C) 3 members shall be appointed by the 

9 minority leader of the Senate; 

10 (D) 3 members shall be appointed by the 

11 minority leader of the House of Representa12 tives; 

13 (E) 1 member shall be appointed by the 

14 Judge Advocate General of the Army; 

15 (F) 1 member shall be appointed by the 

16 Judge Advocate General of the Navy; and 

17 (G) 1 member shall be appointed by the 

18 Judge Advocate General of the Air Force. 

19 (2) CHAIRPERSON; VICE CHAIRPERSON.— 

20 (A) IN GENERAL.—Subject to subpara21 graph (B), the Chairperson and Vice Chair22 person of the Commission shall be elected by 

23 the members. 


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1 (B) POLITICAL PARTY AFFILIATION.—The 

2 Chairperson and Vice Chairperson may not be 

3 from the same political party. 

4 (3) INITIAL MEETING.—Once 10 or more mem5 bers of the Commission have been appointed, those 

6 members who have been appointed may meet and, if 

7 necessary, select a temporary chairperson, who may 

8 begin the operations of the Commission, including 

9 the hiring of staff. 

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

11 meeting, the Commission shall meet upon the call of 

12 the Chairperson or a majority of its members. Eight 

13 members of the Commission shall constitute a 

14 quorum. Any vacancy in the Commission shall not 

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

16 manner in which the original appointment was 

17 made. 

18 (5) SENSE OF CONGRESS ON QUALIFICATIONS

19 OF COMMISSION MEMBERS.—It is the sense of Con20 gress that individuals appointed to the Commission 

21 should be prominent United States citizens, with na22 tional recognition and significant depth of experience 

23 in the fields of intelligence, law enforcement, or for24 eign affairs, or experience serving the United States 

25 Government, including service in the Armed Forces. 


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1 (d) FUNCTIONS OF THE COMMISSION.—The func2 tions of the Commission are— 

3 (1) to conduct an investigation that— 

4 (A) investigates the development and im5 plementation of policy relating to the treatment 

6 of individuals detained during Operation Iraqi 

7 Freedom or Operation Enduring Freedom; 

8 (B) determines whether the United States 

9 policy related to the treatment of detained indi10 viduals has adversely affected the security of 

11 the members of the Armed Forces of the 

12 United States; 

13 (C) determines the causes and factors con14 tributing to the alleged abuse of detainees, and 

15 whether and to what extent the incidences of 

16 abuse of detained individuals has affected the 

17 standing of the United States in the world; 

18 (D) determines whether and to what extent 

19 leaders of the United States Armed Forces were 

20 given the opportunity to comment on and influ21 ence policy relating to treatment of detained in22 dividuals; 

23 (E) assesses the responsibility of leaders 

24 for policies and actions, or failures to act, that 


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1 may have contributed to the mistreatment of 

2 detainees; and 

3 (F) determines whether and to what extent 

4 policy relating to the treatment of individuals 

5 detained during Operation Iraqi Freedom or 

6 Operation Enduring Freedom differed from the 

7 policies and practices regarding detainees estab8 lished by the Armed Forces prior to such oper9 ations; and 

10 (2) to submit to the President and Congress 

11 such report as is required by this section containing 

12 such findings, conclusions, and recommendations as 

13 the Commission shall determine, including proposing 

14 organization, coordination, planning, management 

15 arrangements, procedures, rules, and regulations. 

16 (e) POWERS OF THE COMMISSION.— 

17 (1) IN GENERAL.— 

18 (A) HEARINGS AND EVIDENCE.—The 

19 Commission or, on the authority of the Com20 mission, any subcommittee or member thereof, 

21 may, for the purpose of carrying out this sec22 tion— 

23 (i) hold such hearings and sit and act 

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1 mony, receive such evidence, administer 

2 such oaths; and 

3 (ii) require, by subpoena or otherwise, 

4 the attendance and testimony of such wit5 nesses and the production of such books, 

6 records, correspondence, memoranda, ca7 bles, electronic messages, papers, and doc8 uments, as the Commission or such des9 ignated subcommittee or designated mem10 ber may determine advisable. 

11 (B) SUBPOENAS.— 

12 (i) ISSUANCE.—Subpoenas issued 

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

14 under the signature of the Chairperson of 

15 the Commission, the Vice Chairperson of 

16 the Commission, the chairperson of any 

17 subcommittee created by a majority of the 

18 Commission, or any member designated by 

19 a majority of the Commission, and may be 

20 served by any person designated by the 

21 Chairperson, subcommittee chairperson, or 

22 member. 

23 (ii) ENFORCEMENT.— 

24 (I) IN GENERAL.—In the case of 

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1 poena issued under subparagraph 

2 (A)(ii), the United States district 

3 court for the judicial district in which 

4 the subpoenaed person resides, is 

5 served, or may be found, or where the 

6 subpoena is returnable, may issue an 

7 order requiring such person to appear 

8 at any designated place to testify or 

9 to produce documentary or other evi10 dence. Any failure to obey the order of 

11 the court may be punished by the 

12 court as a contempt of that court. 

13 (II) ADDITIONAL ENFORCE14 MENT.—In the case of any failure of 

15 any witness to comply with any sub16 poena or to testify when summoned 

17 under authority of this section, the 

18 Commission may, by majority vote, 

19 certify a statement of fact consti20 tuting such failure to the appropriate 

21 United States attorney, who may 

22 bring the matter before the grand 

23 jury for its action, under the same 

24 statutory authority and procedures as 

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1 ceived a certification under sections 

2 102 through 104 of the Revised Stat3 utes of the United States (2 U.S.C. 

4 192 through 194). 

5 (2) CLOSED MEETINGS.— 

6 (A) IN GENERAL.—Meetings of the Com7 mission may be closed to the public under sec8 tion 10(d) of the Federal Advisory Committee 

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

10 (B) ADDITIONAL AUTHORITY.—In addition 

11 to the authority under subparagraph (A), sec12 tion 10(a)(1) and (3) of the Federal Advisory 

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

14 to any portion of a Commission meeting if the 

15 President determines that such portion or por16 tions of that meeting is likely to disclose mat17 ters that could endanger national security. If 

18 the President makes such determination, the re19 quirements relating to a determination under 

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

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

22 such extent and in such amounts as are provided in 

23 appropriation Acts, enter into contracts to enable 

24 the Commission to discharge its duties under this 

25 section. 


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1 (4) INFORMATION FROM FEDERAL AGENCIES.— 

2 The Commission is authorized to secure directly 

3 from any executive department, bureau, agency, 

4 board, commission, office, independent establish5 ment, or instrumentality of the Government infor6 mation, suggestions, estimates, and statistics for the 

7 purposes of this section. Each department, bureau, 

8 agency, board, commission, office, independent es9 tablishment, or instrumentality shall, to the extent 

10 authorized by law, furnish such information, sugges11 tions, estimates, and statistics directly to the Com12 mission, upon request made by the Chairperson, the 

13 chairperson of any subcommittee created by a ma14 jority of the Commission, or any member designated 

15 by a majority of the Commission. 

16 (5) ASSISTANCE FROM FEDERAL AGENCIES.— 

17 (A) GENERAL SERVICES ADMINISTRA18 TION.—The Administrator of General Services 

19 shall provide to the Commission on a reimburs20 able basis administrative support and other 

21 services for the performance of the Commis22 sion’s functions. 

23 (B) OTHER DEPARTMENTS AND AGEN24 CIES.—In addition to the assistance prescribed 

25 in subparagraph (A), departments and agencies 


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1 of the United States are authorized to provide 

2 to the Commission such services, funds, facili3 ties, staff, and other support services as they 

4 may determine advisable and as may be author5 ized by law. 

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

7 and dispose of gifts or donations of services or prop8 erty. 

9 (7) POSTAL SERVICES.—The Commission may 

10 use the United States mails in the same manner and 

11 under the same conditions as departments and agen12 cies of the United States. 

13 (f) STAFF OF THE COMMISSION.— 

14 (1) APPOINTMENT AND COMPENSATION.—The 

15 Chairperson and Vice Chairperson, in accordance 

16 with rules agreed upon by the Commission, may ap17 point and fix the compensation of a staff director 

18 and such other personnel as may be necessary to en19 able the Commission to carry out its functions, with20 out regard to the provisions of title 5, United States 

21 Code, governing appointments in the competitive 

22 service, and without regard to the provisions of 

23 chapter 51 and subchapter III of chapter 53 of such 

24 title relating to classification and General Schedule 

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


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1 subsection may exceed the equivalent of that payable 

2 for a position at level V of the Executive Schedule 

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

4 (2) PERSONNEL AS FEDERAL EMPLOYEES.— 

5 (A) IN GENERAL.—The executive director 

6 and any personnel of the Commission who are 

7 employees shall be employees under section 

8 2105 of title 5, United States Code, for pur9 poses of chapters 63, 81, 83, 84, 85, 87, 89, 

10 and 90 of that title. 

11 (B) MEMBERS OF COMMISSION.—Subpara12 graph (A) shall not be construed to apply to a 

13 member of the Commission. 

14 (3) DETAILEES.—Any Federal Government em15 ployee may be detailed to the Commission without 

16 reimbursement from the Commission, and such 

17 detailee shall retain the rights, status, and privileges 

18 of his or her regular employment without interrup19 tion. 

20 (4) CONSULTANT SERVICES.—The Commission 

21 is authorized to procure the services of experts and 

22 consultants in accordance with section 3109 of title 

23 5, United States Code, but at rates not to exceed the 

24 daily rate paid a person occupying a position at level 


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1 IV of the Executive Schedule under section 5315 of 

2 title 5, United States Code. 

3 (g) COMPENSATION AND TRAVEL EXPENSES.— 

4 (1) COMPENSATION.—Each member of the 

5 Commission may be compensated at not to exceed 

6 the daily equivalent of the annual rate of basic pay 

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

8 Schedule under section 5315 of title 5, United 

9 States Code, for each day during which that member 

10 is engaged in the actual performance of the duties 

11 of the Commission. 

12 (2) TRAVEL EXPENSES.—While away from 

13 their homes or regular places of business in the per14 formance of services for the Commission, members 

15 of the Commission shall be allowed travel expenses, 

16 including per diem in lieu of subsistence, in the 

17 same manner as persons employed intermittently in 

18 the Government service are allowed expenses under 

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

20 (h) SECURITY CLEARANCES FOR COMMISSION MEM21 BERS AND STAFF.—The appropriate departments and 

22 agencies of the Government shall cooperate with the Com23 mission in expeditiously providing to the Commission 

24 members and staff appropriate security clearances in a 

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1 ments, except that no person shall be provided with access 

2 to classified information under this section who would not 

3 otherwise qualify for such security clearance. 

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

5 months after the date of the first meeting of the Commis6 sion, the Commission shall submit to the President and 

7 Congress a report containing such findings, conclusions, 

8 and recommendations as have been agreed to by a major9 ity of Commission members. 

10 (j) TERMINATION.— 

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

12 the authorities of this section, shall terminate 60 

13 days after the date on which the report is submitted 

14 under subsection (i). 

15 (2) ADMINISTRATIVE ACTIVITIES BEFORE TER16 MINATION.—The Commission may use the 60-day 

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

18 of concluding its activities, including providing testi19 mony to committees of Congress concerning its re20 ports and disseminating the second report. 

21 (k) AUTHORIZATION OF APPROPRIATIONS.—There 

22 are authorized to be appropriated to the Commission to 

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

24 until expended. 


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1 Subtitle D—Strategy for the United 

2 States Relationship With Af3 ghanistan, Pakistan, and Saudi 

4 Arabia 

5 SEC. 1231. 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 2007 and such sums as may be necessary for 

12 each of the fiscal years 2008 and 2009’’. 

13 (b) OTHER AUTHORIZATIONS OF APPROPRIATIONS

14 FOR FOREIGN RELATIONS ACTIVITIES.— 

15 (1) FISCAL YEAR 2007.—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 2007— 

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); 


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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 2008 AND 2009.— 

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 2008 and 2009. 

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 2008 and 2009 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. 

24 (c) AUTHORIZATION OF APPROPRIATIONS FOR OPER25 ATION AND MAINTENANCE, DEFENSE-WIDE.—There are 


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1 authorized to be appropriated for fiscal year 2007 for the 

2 use of the Armed Forces and other activities and agencies 

3 of the Department of Defense for expenses, not otherwise 

4 provided for, for operation and maintenance, for Defense5 wide activities, $20,000,000 for support to provisional re6 construction teams in Afghanistan. 

7 (d) OTHER FUNDS.—Amounts authorized to be ap8 propriated under this section are in addition to amounts 

9 otherwise available for such purposes. 

10 SEC. 1232. PAKISTAN. 

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

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

14 of Pakistan has been an important partner in help15 ing the United States remove the Taliban regime in 

16 Afghanistan and combating international terrorism 

17 in the frontier provinces of Pakistan. 

18 (2) There remain a number of critical issues 

19 that threaten to disrupt the relationship between the 

20 United States and Pakistan, undermine inter21 national security, and destabilize Pakistan, includ22 ing— 

23 (A) curbing the proliferation of nuclear 

24 weapons technology; 

25 (B) combating poverty and corruption; 


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1 (C) building effective government institu2 tions, especially secular public schools; 

3 (D) promoting democracy and rule of law, 

4 particularly at the national level; and 

5 (E) effectively dealing with Islamic extre6 mism. 

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

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

9 combat international terrorism, especially in the 

10 frontier provinces of Pakistan; 

11 (2) to establish a long-term strategic partner12 ship with the Government of Pakistan to address the 

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

14 of subsection (a)(2); 

15 (3) to dramatically increase funding for United 

16 States Agency for International Development and 

17 Department of State programs that assist Pakistan 

18 in addressing such issues, if the Government of 

19 Pakistan demonstrates a commitment to building a 

20 moderate, democratic state; and 

21 (4) to work with the international community to 

22 secure additional financial and political support to 

23 effectively implement the policies set forth in this 

24 subsection and help to resolve the dispute between 


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1 the Government of Pakistan and the Government of 

2 India over the disputed territory of Kashmir. 

3 (c) STRATEGY ON PAKISTAN.— 

4 (1) REQUIREMENT FOR REPORT ON STRAT5 EGY.—Not later than 90 days after the date of the 

6 enactment of this Act, the President shall submit to 

7 the appropriate congressional committees a report, 

8 in classified form if necessary, that describes the 

9 long-term strategy of the United States to engage 

10 with the Government of Pakistan to address the 

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

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

13 building a moderate, democratic Pakistan. 

14 (2) APPROPRIATE CONGRESSIONAL COMMIT15 TEES DEFINED.—In this subsection the term ‘‘ap16 propriate congressional committees’’ means— 

17 (A) the Committees on Appropriations, 

18 Armed Services, and Foreign Relations of the 

19 Senate; and 

20 (B) the Committees on Appropriations, 

21 Armed Services, and International Relations of 

22 the House of Representatives. 

23 (d) NUCLEAR PROLIFERATION.— 

24 (1) SENSE OF CONGRESS.—It is the sense of 

25 Congress that the national security interest of the 


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1 United States will best be served if the United 

2 States develops and implements a long-term strategy 

3 to improve the United States relationship with Paki4 stan and works with the Government of Pakistan to 

5 stop nuclear proliferation. 

6 (2) LIMITATION ON ASSISTANCE TO PAKI7 STAN.—None of the funds appropriated for a fiscal 

8 year to provide military or economic assistance to 

9 the Government of Pakistan may be made available 

10 for such purpose unless the President submits to 

11 Congress for such fiscal year a certification that no 

12 military or economic assistance provided by the 

13 United States to the Government of Pakistan will be 

14 provided, either directly or indirectly, to a person 

15 that is opposing or undermining the efforts of the 

16 United States Government to halt the proliferation 

17 of nuclear weapons. 

18 (e) AUTHORIZATION OF APPROPRIATIONS.— 

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

20 appropriated to the President for providing assist21 ance for Pakistan for fiscal year 2007— 

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

23 $50,000,000 to carry out the provisions of sec24 tion 103, 105, and 106 of the Foreign AssistVerDate Aug 31 2005 00:17 Sep 14, 2006 Jkt 049200 PO 00000 Frm 00243 Fmt 6652 Sfmt 6201 E:\BILLS\S3875.PCS S3875

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1 ance Act of 1961 (22 U.S.C. 2151a, 2151c, and 

2 2151d,); 

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

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

5 provisions of sections 104 of the Foreign Assist6 ance Act of 1961 (22 U.S.C. 2151b); 

7 (C) for the ‘‘Economic Support Fund’’, 

8 $350,000,000 to carry out the provisions of 

9 chapter 4 of part II of the Foreign Assistance 

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

11 (D) for ‘‘International Narcotics and Law 

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

13 provisions of section 481 of the Foreign Assist14 ance Act of 1961 (22 U.S.C. 2291); 

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

16 Demining, and Related Programs’’, 

17 $10,000,000; 

18 (F) for ‘‘International Military Education 

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

20 provisions of section 541 of the Foreign Assist21 ance Act of 1961 (22 U.S.C. 2347); and 

22 (G) for ‘‘Foreign Military Financing Pro23 gram’’, $300,000,000 grants to carry of the 

24 provision of section 23 of the Arms Export 

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


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

2 appropriated under this section are in addition to 

3 amounts otherwise available for such purposes. 

4 SEC. 1233. SAUDI ARABIA. 

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

7 (1) The Kingdom of Saudi Arabia has an un8 even record in the fight against terrorism, especially 

9 with respect to terrorist financing, support for rad10 ical madrassas, and a lack of political outlets for its 

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

12 United States, the international community, and the 

13 Kingdom of Saudi Arabia itself. 

14 (2) The United States has a national security 

15 interest in working with the Government of Saudi 

16 Arabia to combat international terrorists that oper17 ate within that nation or that operate outside Saudi 

18 Arabia with the support of citizens of Saudi Arabia. 

19 (3) In order to more effectively combat ter20 rorism, the Government of Saudi Arabia must un21 dertake a number of political and economic reforms, 

22 including increasing anti-terrorism operations con23 ducted by law enforcement agencies, providing more 

24 political rights to its citizens, increasing the rights 

25 of women, engaging in comprehensive educational 


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1 reform, enhancing monitoring of charitable organiza2 tions, promulgating and enforcing domestic laws and 

3 regulation on terrorist financing. 

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

5 (1) to engage with the Government of Saudi 

6 Arabia to openly confront the issue of terrorism, as 

7 well as other problematic issues such as the lack of 

8 political freedoms, with the goal of restructuring the 

9 relationship on terms that leaders of both nations 

10 can publicly support; 

11 (2) to enhance counterterrorism cooperation 

12 with the Government of Saudi Arabia, if the political 

13 leaders of such Government are committed to mak14 ing a serious, sustained effort to combat terrorism; 

15 and 

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

17 Saudi Arabia to make political, economic, and social 

18 reforms throughout the country. 

19 (c) STRATEGY ON SAUDI ARABIA.— 

20 (1) REQUIREMENT FOR REPORT ON STRAT21 EGY.—Not later than 90 days after the date of the 

22 enactment of this Act, the President shall submit to 

23 the appropriate congressional committees a report, 

24 in classified form if necessary, that describes the 

25 long-term strategy of the United States— 


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1 (A) to engage with the Government of 

2 Saudi Arabia to facilitate political, economic, 

3 and social reforms that will enhance the ability 

4 of the Government of Saudi Arabia to combat 

5 international terrorism; and 

6 (B) to effectively prevent the financing of 

7 terrorists in Saudi Arabia. 

8 (2) APPROPRIATE CONGRESSIONAL COMMIT9 TEES DEFINED.—In this subsection the term ‘‘ap10 propriate congressional committees’’ means— 

11 (A) the Committees on Appropriations, 

12 Armed Services, and Foreign Relations of the 

13 Senate; and 

14 (B) the Committees on Appropriations, 

15 Armed Services, and International Relations of 

16 the House of Representatives. 


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1 TITLE XIII—PROTECTION FROM 

2 TERRORIST ATTACKS THAT 

3 UTILIZE NUCLEAR, CHEM4 ICAL, BIOLOGICAL, AND RADI5 OLOGICAL WEAPONS 

6 Subtitle A—Non-Proliferation 

7 Programs 

8 SEC. 1301. REPEAL OF LIMITATIONS TO THREAT REDUC9 TION ASSISTANCE. 

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

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

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

13 into law. 

14 SEC. 1302. RUSSIAN TACTICAL NUCLEAR WEAPONS. 

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

16 after the date of the enactment of this Act, the President 

17 shall submit to Congress a report setting forth the fol18 lowing: 

19 (1) An assessment of the number, location, con20 dition, and security of Russian tactical nuclear 

21 weapons. 

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

23 posed by the theft of Russian tactical nuclear weap24 ons. 


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1 (3) A plan for developing with Russia a cooper2 ative program to secure, consolidate, and, as appro3 priate, dismantle Russian tactical nuclear weapons. 

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

5 Secretary of Energy shall jointly work with Russia to es6 tablish a cooperative program, based on the report under 

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

8 dismantle Russian tactical nuclear weapons in order to 

9 achieve reductions in the total number of Russian tactical 

10 nuclear weapons. 

11 (c) AUTHORIZATION OF APPROPRIATIONS.— 

12 (1) DEPARTMENT OF DEFENSE.—There are au13 thorized to be appropriated for the Department of 

14 Defense, $25,000,000 to carry out this section. 

15 (2) DEPARTMENT OF ENERGY.—There are au16 thorized to be appropriated for the Department of 

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

18 SEC. 1303. ADDITIONAL ASSISTANCE TO ACCELERATE NON19 PROLIFERATION PROGRAMS. 

20 (a) AUTHORIZATION OF APPROPRIATIONS FOR THE

21 DEPARTMENT OF DEFENSE.—There are authorized to be 

22 appropriated to the Department of Defense $105,000,000 

23 for fiscal year 2007 for Cooperative Threat Reduction Ac24 tivities as follows: 


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1 (1) To accelerate security upgrades at nuclear 

2 warhead storage sites located in Russia or another 

3 country of the former Soviet Union, $15,000,000. 

4 (2) To accelerate biological weapons prolifera5 tion prevention programs in Kazakhstan, Georgia, 

6 and Uzbekistan, $15,000,000. 

7 (3) To accelerate destruction of Libyan chem8 ical weapons, materials, and related equipment, 

9 $75,000,000. 

10 (b) AUTHORIZATION OF APPROPRIATIONS FOR THE

11 DEPARTMENT OF ENERGY.—There are authorized to be 

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

13 for fiscal year 2007 for nonproliferation activities of the 

14 National Nuclear Security Administration as follows: 

15 (1) To accelerate the Global Threat Reduction 

16 Initiative, $20,000,000. 

17 (2) To accelerate security upgrades at nuclear 

18 warhead storage sites located in Russia or in an19 other country, $15,000,000. 

20 (3) To accelerate the closure of the plutonium 

21 producing reactor at Zheleznogorsk, Russia as part 

22 of the program to eliminate weapons grade pluto23 nium production, $25,000,000. 


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1 (4) To accelerate completion of comprehensive 

2 security upgrades at Russian storage sites for weap3 ons-usable nuclear materials, $15,000,000. 

4 (c) AUTHORIZATION OF APPROPRIATIONS FOR THE

5 DEPARTMENT OF STATE.— 

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

7 appropriated to the Department of State 

8 $25,000,000 for fiscal year 2007 for nonprolifera9 tion activities as follows: 

10 (A) To accelerate engagement of former 

11 chemical an biological weapons scientists in 

12 Russia and the countries of the former Soviet 

13 Union through the Bio-Chem Redirect Pro14 gram, $15,000,000. 

15 (B) To enhance efforts to combat bioter16 rorism by transforming the Soviet biological 

17 weapons research and production facilities to 

18 commercial enterprises through the BioIndustry 

19 Initiative, $10,000,000. 

20 (2) AVAILABILITY OF FUNDS.—The amount au21 thorized to be appropriated by paragraph (1) shall 

22 remain available until expended. 


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1 SEC. 1304. ADDITIONAL ASSISTANCE TO THE INTER2 NATIONAL ATOMIC ENERGY AGENCY. 

3 There are authorized to be appropriated to the De4 partment of Energy $20,000,000 to be used to provide 

5 technical and other assistance to the International Atomic 

6 Energy Agency to support nonproliferation programs. 

7 Such amount is in addition to amounts otherwise available 

8 for such purpose. 

9 Subtitle B—Border Protection 

10 SEC. 1311. FINDINGS. 

11 Congress makes the following findings: 

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

13 borders of the United States at legal points of entry 

14 each year, including approximately 330,000,000 peo15 ple who are not citizens of the United States. 

16 (2) The National Commission on Terrorist At17 tacks Upon the United States found that 15 of the 

18 19 hijackers involved in the September 11, 2001 ter19 rorist attacks ‘‘were potentially vulnerable to inter20 ception by border authorities’’. 

21 (3) Officials with the Bureau of Customs and 

22 Border Protection and with the Bureau of Immigra23 tion and Customs Enforcement have stated that 

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

25 to an inadequate budget, the Bureau of Immigration 

26 and Customs Enforcement has effected a hiring 


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1 freeze since March 2004, and the Bureau has not 

2 made public any plans to end this freeze. 

3 SEC. 1312. HIRING AND TRAINING OF BORDER SECURITY 

4 PERSONNEL. 

5 (a) INSPECTORS AND AGENTS.— 

6 (1) INCREASE IN INSPECTORS AND AGENTS.— 

7 During each of fiscal years 2007 through 2010, the 

8 Secretary of Homeland Security shall— 

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

10 and associated support staff in the Bureau of 

11 Immigration and Customs Enforcement of the 

12 Department of Homeland Security by the equiv13 alent of at least 100 more than the number of 

14 such employees in the Bureau as of the end of 

15 the preceding fiscal year; and 

16 (B) increase the number of full-time in17 spectors and associated support staff in the Bu18 reau of Customs and Border Protection by the 

19 equivalent of at least 200 more than the num20 ber of such employees in the Bureau as of the 

21 end of the preceding fiscal year. 

22 (2) WAIVER OF FTE LIMITATION.—The Sec23 retary is authorized to waive any limitation on the 

24 number of full-time equivalent personnel assigned to 


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1 the Department of Homeland Security to fulfill the 

2 requirements of paragraph (1). 

3 (b) TRAINING.—The Secretary shall provide appro4 priate training for agents, inspectors, and associated sup5 port staff on an ongoing basis to utilize new technologies 

6 and to ensure that the proficiency levels of such personnel 

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

8 Subtitle C—First Responders 

9 SEC. 1321. FINDINGS. 

10 Congress makes the following findings: 

11 (1) In a report entitled ‘‘Emergency First Re12 sponders: Drastically Underfunded, Dangerously 

13 Unprepared’’, an independent task force sponsored 

14 by the Council on Foreign Relations found that 

15 ‘‘America’s local emergency responders will always 

16 be the first to confront a terrorist incident and will 

17 play the central role in managing its immediate con18 sequences. Their efforts in the first minutes and 

19 hours following an attack will be critical to saving 

20 lives, establishing order, and preventing mass panic. 

21 The United States has both a responsibility and a 

22 critical need to provide them with the equipment, 

23 training, and other resources necessary to do their 

24 jobs safely and effectively.’’. 


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1 (2) The task force further concluded that many 

2 state and local emergency responders, including po3 lice officers and firefighters, lack the equipment and 

4 training needed to respond effectively to a terrorist 

5 attack involving weapons of mass destruction. 

6 (3) The Federal Government has a responsi7 bility to ensure that the people of the United States 

8 are protected to the greatest possible extent against 

9 a terrorist attack, especially an attack that utilizes 

10 nuclear, chemical, biological, or radiological weapons, 

11 and consequently, the Federal Government has a 

12 critical responsibility to address the equipment, 

13 training, and other needs of State and local first re14 sponders. 

15 SEC. 1322. RESTORATION OF JUSTICE ASSISTANCE FUND16 ING. 

17 (a) FINDINGS.—Congress makes the following find18 ings: 

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

20 and emergency responders play an essential role in 

21 the efforts of the United States to prevent terrorist 

22 attacks and, if an attack occurred, to address the ef23 fects of the attack. 

24 (2) An independent task force has concluded 

25 that hundreds of local police offices and firefighting 


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1 and emergency response units throughout the 

2 United States are unprepared for responding to a 

3 terrorist attack involving nuclear, chemical, biologi4 cal, or radiological weapons. 

5 (3) The Edward Byrne Memorial Justice As6 sistance Grant Program provides critical Federal 

7 support for personnel, equipment, training, and 

8 technical assistance for the homeland security re9 sponsibilities of local law enforcement offices. 

10 (4) The Consolidated Appropriations Act, 2005 

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

12 Edward Byrne Memorial Justice Assistance Grant 

13 Program, a program that resulted from the com14 bination of the Edward Byrne Memorial Grant Pro15 gram and the Local Law Enforcement Block Grant 

16 Program. 

17 (5) Funding for the Edward Byrne Memorial 

18 Justice Assistance Grant Program, as provided in 

19 the Consolidated Appropriations Act, 2005, has been 

20 reduced by nearly 50 percent since fiscal year 2002. 

21 (b) SENSE OF CONGRESS.—It is the sense of Con22 gress that the President should request in the annual 

23 budget proposal, and Congress should appropriate, the full 

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


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1 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated for the Edward Byrne 

3 Memorial Justice Assistance Grant Program— 

4 (1) for fiscal year 2007, $1,250,000,000; 

5 (2) for fiscal year 2008, $1,400,000,000; and 

6 (3) for fiscal year 2009, $1,600,000,000. 

7 SEC. 1323. PROVIDING RELIABLE OFFICERS, TECHNOLOGY, 

8 EDUCATION, COMMUNITY PROSECUTORS, 

9 AND TRAINING IN OUR NEIGHBORHOOD INI10 TIATIVE. 

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

12 the Omnibus Crime Control and Safe Streets Act of 1968 

13 (42 U.S.C. 3796dd(a)) is amended— 

14 (1) by inserting ‘‘and prosecutor’’ after ‘‘in15 crease police’’; and 

16 (2) by inserting ‘‘to enhance law enforcement 

17 access to new technologies, and’’ after ‘‘presence,’’. 

18 (b) HIRING AND REDEPLOYMENT GRANT

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

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

21 3796dd(b)) is amended— 

22 (1) in paragraph (1)— 

23 (A) in subparagraph (B)— 

24 (i) by inserting after ‘‘Nation’’ the fol25 lowing: ‘‘, or pay overtime to existing caVerDate Aug 31 2005 00:17 Sep 14, 2006 Jkt 049200 PO 00000 Frm 00257 Fmt 6652 Sfmt 6201 E:\BILLS\S3875.PCS S3875

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1 reer law enforcement officers to the extent 

2 that such overtime is devoted to commu3 nity policing efforts’’; and 

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

5 (B) in subparagraph (C)— 

6 (i) by striking ‘‘or pay overtime’’; and 

7 (ii) by striking the period at the end 

8 and inserting ‘‘; and’’; and 

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

10 ‘‘(D) promote higher education among in11 service State and local law enforcement officers 

12 by reimbursing them for the costs associated 

13 with seeking a college or graduate school edu14 cation.’’; and 

15 (2) in paragraph (2), by striking all that follows 

16 ‘‘SUPPORT SYSTEMS.—’’ and inserting ‘‘Grants pur17 suant to— 

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

19 not exceed 25 percent of the funds available for 

20 grants pursuant to this subsection for any fiscal 

21 year; 

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

23 percent of the funds available for grants pursu24 ant to this subsection in any fiscal year; and 


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

2 percent of the funds available for grants pursu3 ant to this subsection for any fiscal year.’’. 

4 (c) ADDITIONAL GRANT PROJECTS.—Section 

5 1701(d) of title I of the Omnibus Crime Control and Safe 

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

7 (1) in paragraph (2)— 

8 (A) by inserting ‘‘integrity and ethics’’ 

9 after ‘‘specialized’’; and 

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

11 officers’’; 

12 (2) in paragraph (7), by inserting ‘‘school offi13 cials, religiously-affiliated organizations,’’ after ‘‘en14 forcement officers’’; 

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

16 following: 

17 ‘‘(8) establish school-based partnerships be18 tween local law enforcement agencies and local 

19 school systems, by using school resource officers who 

20 operate in and around elementary and secondary 

21 schools to serve as a law enforcement liaison with 

22 other Federal, State, and local law enforcement and 

23 regulatory agencies, combat school-related crime and 

24 disorder problems, gang membership and criminal 

25 activity, firearms and explosives-related incidents, ilVerDate Aug 31 2005 00:17 Sep 14, 2006 Jkt 049200 PO 00000 Frm 00259 Fmt 6652 Sfmt 6201 E:\BILLS\S3875.PCS S3875

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1 legal use and possession of alcohol, and the illegal 

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

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

4 end; 

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

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

7 (6) by adding at the end the following: 

8 ‘‘(12) develop and implement innovative pro9 grams (such as the TRIAD program) that bring to10 gether a community’s sheriff, chief of police, and el11 derly residents to address the public safety concerns 

12 of older citizens.’’. 

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

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

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

16 (1) in paragraph (1)— 

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

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

19 after ‘‘The Attorney General may’’; and 

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

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

22 to 5 percent of the funds appropriated under 

23 subsections (d), (e), and (f) for technical assist24 ance and training to States, units of local gov25 ernment, Indian tribal governments, and to 


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1 other public and private entities for those re2 spective purposes.’’; 

3 (2) in paragraph (2), by inserting ‘‘under sub4 section (a)’’ after ‘‘the Attorney General’’; and 

5 (3) in paragraph (3)— 

6 (A) by striking ‘‘the Attorney General 

7 may’’ and inserting ‘‘the Attorney General 

8 shall’’; 

9 (B) by inserting ‘‘regional community po10 licing institutes’’ after ‘‘operation of’’; and 

11 (C) by inserting ‘‘representatives of police 

12 labor and management organizations, commu13 nity residents,’’ after ‘‘supervisors,’’. 

14 (e) TECHNOLOGY AND PROSECUTION PROGRAMS.— 

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

16 Safe Streets Act of 1968 (42 U.S.C. 3796dd) is amend17 ed— 

18 (1) by striking subsection (k); 

19 (2) by redesignating subsections (f) through (j) 

20 as subsections (g) through (k); and 

21 (3) by striking subsection (e) and inserting the 

22 following: 

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

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


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1 police departments, in employing professional, scientific, 

2 and technological advancements that will help them— 

3 ‘‘(1) improve police communications through 

4 the use of wireless communications, computers, soft5 ware, videocams, databases and other hardware and 

6 software that allow law enforcement agencies to 

7 communicate more effectively across jurisdictional 

8 boundaries and effectuate interoperability; 

9 ‘‘(2) develop and improve access to crime solv10 ing technologies, including DNA analysis, photo en11 hancement, voice recognition, and other forensic ca12 pabilities; and 

13 ‘‘(3) promote comprehensive crime analysis by 

14 utilizing new techniques and technologies, such as 

15 crime mapping, that allow law enforcement agencies 

16 to use real-time crime and arrest data and other re17 lated information—including non-criminal justice 

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

19 and respond pro-actively to local crime and disorder 

20 problems, as well as to engage in regional crime 

21 analysis. 

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

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

24 State, local or tribal prosecutors’ offices in the implemen25 tation of community-based prosecution programs that 


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1 build on local community policing efforts. Funds made 

2 available under this subsection may be used to— 

3 ‘‘(1) hire additional prosecutors who will be as4 signed to community prosecution programs, includ5 ing programs that assign prosecutors to handle cases 

6 from specific geographic areas, to address specific 

7 violent crime and other local crime problems (includ8 ing intensive illegal gang, gun and drug enforcement 

9 projects and quality of life initiatives), and to ad10 dress localized violent and other crime problems 

11 based on needs identified by local law enforcement 

12 agencies, community organizations, and others; 

13 ‘‘(2) redeploy existing prosecutors to community 

14 prosecution programs as described in paragraph (1) 

15 of this section by hiring victim and witness coordina16 tors, paralegals, community outreach, and other 

17 such personnel; and 

18 ‘‘(3) establish programs to assist local prosecu19 tors’ offices in the implementation of programs that 

20 help them identify and respond to priority crime 

21 problems in a community with specifically tailored 

22 solutions. 

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

24 subsection shall be reserved for grants under paragraphs 

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


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

2 25 percent of the funds shall be reserved for grants under 

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

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

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

6 the Omnibus Crime Control and Safe Streets Act of 1968 

7 (42 U.S.C. 3796dd–2) is amended by adding at the end 

8 the following: 

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

10 may use no more than 50 percent of the funds under sub11 section (a) to award grants targeted specifically for reten12 tion of police officers to grantees in good standing, with 

13 preference to those that demonstrate financial hardship or 

14 severe budget constraint that impacts the entire local 

15 budget and may result in the termination of employment 

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

17 (g) DEFINITIONS.— 

18 (1) CAREER LAW ENFORCEMENT OFFICER.— 

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

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

21 3796dd–8) is amended by inserting after ‘‘criminal 

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

23 charged with supervising offenders who are released 

24 into the community but also engaged in local com25 munity policing efforts.’’. 


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1 (2) SCHOOL RESOURCE OFFICER.—Section 

2 1709(4) of title I of the Omnibus Crime Control and 

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

4 amended— 

5 (A) by striking subparagraph (A) and in6 serting the following: 

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

8 with other Federal, State, and local law en9 forcement and regulatory agencies, to address 

10 and document crime and disorder problems in11 cluding gangs and drug activities, firearms and 

12 explosives-related incidents, and the illegal use 

13 and possession of alcohol affecting or occurring 

14 in or around an elementary or secondary 

15 school;’’; 

16 (B) by striking subparagraph (E) and in17 serting the following: 

18 ‘‘(E) to train students in conflict resolu19 tion, restorative justice, and crime awareness, 

20 and to provide assistance to and coordinate 

21 with other officers, mental health professionals, 

22 and youth counselors who are responsible for 

23 the implementation of prevention/intervention 

24 programs within the schools;’’; and 

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


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

2 members of the local parent teacher associa3 tions, community organizers, law enforcement, 

4 fire departments, and emergency medical per5 sonnel in the creation, review, and implementa6 tion of a school violence prevention plan; 

7 ‘‘(I) to assist in documenting the full de8 scription of all firearms found or taken into 

9 custody on school property and to initiate a 

10 firearms trace and ballistics examination for 

11 each firearm with the local office of the Bureau 

12 of Alcohol, Tobacco, and Firearms; 

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

14 explosives or explosive devices found or taken 

15 into custody on school property and report to 

16 the local office of the Bureau of Alcohol, To17 bacco, and Firearms; and 

18 ‘‘(K) to assist school administrators with 

19 the preparation of the Department of Edu20 cation, Annual Report on State Implementation 

21 of the Gun-Free Schools Act which tracks the 

22 number of students expelled per year for bring23 ing a weapon, firearm, or explosive to school.’’. 

24 (h) AUTHORIZATION OF APPROPRIATIONS.—Section 

25 1001(a)(11) of title I of the Omnibus Crime Control and 


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

2 amended— 

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

4 follows: 

5 ‘‘(A) There are authorized to be appro6 priated to carry out part Q, to remain available 

7 until expended— 

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

9 2007; 

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

11 2008; 

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

13 2009; 

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

15 2010; 

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

17 2011; and 

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

19 2012.’’; and 

20 (2) in subparagraph (B)— 

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

22 ‘‘5 percent’’; 

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

24 ‘‘1701(g)’’; 


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1 (C) by striking the second sentence and in2 serting ‘‘Of the remaining funds, if there is a 

3 demand for 50 percent of appropriated hiring 

4 funds, as determined by eligible hiring applica5 tions from law enforcement agencies having ju6 risdiction over areas with populations exceeding 

7 150,000, no less than 50 percent shall be allo8 cated for grants pursuant to applications sub9 mitted by units of local government or law en10 forcement agencies having jurisdiction over 

11 areas with populations exceeding 150,000 or by 

12 public and private entities that serve areas with 

13 populations exceeding 150,000, and no less 

14 than 50 percent shall be allocated for grants 

15 pursuant to applications submitted by units of 

16 local government or law enforcement agencies 

17 having jurisdiction over areas with populations 

18 less than 150,000 or by public and private enti19 ties that serve areas with populations less than 

20 150,000.’’; 

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

22 ‘‘$600,000,000’’; and 

23 (E) by striking ‘‘1701(b),’’ and all that fol24 lows through ‘‘of part Q’’ and inserting the fol25 lowing: ‘‘1701 (b) and (c), $350,000,000 to 


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1 grants for the purposes specified in section 

2 1701(e), and $200,000,000 to grants for the 

3 purposes specified in section 1701(f).’’. 

4 TITLE XIV—PROTECTING 

5 TAXPAYERS 

6 SEC. 1401. REPORTS ON METRICS FOR MEASURING SUC7 CESS IN GLOBAL WAR ON TERRORISM. 

8 (a) REQUIREMENT FOR REPORTS.—The Comptroller 

9 General of the United States shall submit to Congress re10 ports on the metrics for use in tracking and measuring 

11 acts of global terrorism, international counterterrorism ef12 forts, and the success of United States counterterrorism 

13 policies and practices including specific, replicable defini14 tions, criteria, and standards of measurement to be used 

15 for the following: 

16 (1) Counting and categorizing acts of inter17 national terrorism. 

18 (2) Monitoring counterterrorism efforts of for19 eign governments. 

20 (3) Monitoring financial support provided to 

21 terrorist groups. 

22 (4) Assessing the success of United States 

23 counterterrorism policies and practices. 

24 (b) SCHEDULE OF REPORTS.—The Comptroller Gen25 eral shall submit to Congress an initial report under subVerDate Aug 31 2005 00:17 Sep 14, 2006 Jkt 049200 PO 00000 Frm 00269 Fmt 6652 Sfmt 6201 E:\BILLS\S3875.PCS S3875

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1 section (a) not later than 1 year after the date of the en2 actment of this Act and a second report not later than 

3 1 year after the date on which the initial report is sub4 mitted. 

5 SEC. 1402. PROHIBITION ON PROFITEERING. 

6 (a) PROHIBITION.— 

7 (1) IN GENERAL.—Chapter 47 of title 18, 

8 United States Code, is amended by adding at the 

9 end the following: 

10 ‘‘§ 1039. War profiteering and fraud relating to mili11 tary action, relief, and reconstruction ef12 forts 

13 ‘‘(a) PROHIBITION.— 

14 ‘‘(1) IN GENERAL.—Whoever, in any matter in15 volving a contract or the provision of goods or serv16 ices, directly or indirectly, in connection with a war, 

17 military action, or relief or reconstruction activities 

18 within the jurisdiction of the United States Govern19 ment, knowingly and willfully— 

20 ‘‘(A)(i) executes or attempts to execute a 

21 scheme or artifice to defraud the United States; 

22 or 

23 ‘‘(ii) materially overvalues any good or 

24 service with the specific intent to defraud and 


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1 excessively profit from the war, military action, 

2 or relief or reconstruction activities; 

3 shall be fined under paragraph (2), imprisoned not 

4 more than 20 years, or both; or 

5 ‘‘(B)(i) falsifies, conceals, or covers up by 

6 any trick, scheme, or device a material fact; 

7 ‘‘(ii) makes any materially false, fictitious, 

8 or fraudulent statements or representations; or 

9 ‘‘(iii) makes or uses any materially false 

10 writing or document knowing the same to con11 tain any materially false, fictitious or fraudu12 lent statement or entry; 

13 shall be fined under paragraph (2) imprisoned not 

14 more than 10 years, or both. 

15 ‘‘(2) FINE.—A person convicted of an offense 

16 under paragraph (1) may be fined the greater of— 

17 ‘‘(A) $1,000,000; or 

18 ‘‘(B) if such person derives profits or other 

19 proceeds from the offense, not more than twice 

20 the gross profits or other proceeds. 

21 ‘‘(b) EXTRATERRITORIAL JURISDICTION.—There is 

22 extraterritorial Federal jurisdiction over an offense under 

23 this section. 

24 ‘‘(c) VENUE.—A prosecution for an offense under 

25 this section may be brought— 


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1 ‘‘(1) as authorized by chapter 211 of this title; 

2 ‘‘(2) in any district where any act in further3 ance of the offense took place; or 

4 ‘‘(3) in any district where any party to the con5 tract or provider of goods or services is located.’’. 

6 (2) TABLE OF SECTIONS.—The table of sections 

7 for chapter 47 of title 18, United States Code, is 

8 amended by adding at the end the following: 

‘‘1039. War profiteering and fraud relating to military action, relief, and reconstruction efforts.’’. 

9 (b) CIVIL FORFEITURE.—Section 981(a)(1)(C) of 

10 title 18, United States Code, is amended by inserting 

11 ‘‘1039,’’ after ‘‘1032,’’. 

12 (c) CRIMINAL FORFEITURE.—Section 982(a)(2)(B) 

13 of title 18, United States Code, is amended by striking 

14 ‘‘or 1030’’ and inserting ‘‘1030, or 1039’’. 

15 (d) RICO.—Section 1956(c)(7)(D) of title 18, United 

16 States Code, is amended by inserting the following: ‘‘, sec17 tion 1039 (relating to war profiteering and fraud relating 

18 to military action, relief, and reconstruction efforts)’’ after 

19 ‘‘liquidating agent of financial institution),’’. 


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1 TITLE XV—OTHER MATTERS 

2 SEC. 1501. SENSE OF CONGRESS ON MILITARY COMMIS3 SIONS FOR THE TRIAL OF PERSONS DE4 TAINED IN THE GLOBAL WAR ON TERRORISM. 

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

7 (1) The Constitution of the United States 

8 grants to Congress the power ‘‘To define and punish 

9 . . . Offenses against the Law of Nations’’, as well 

10 as the power ‘‘To declare War . . . To raise and sup11 port Armies . . . [and] To provide and maintain a 

12 Navy.’’. 

13 (2) On November 13, 2001, the President 

14 issued a military order establishing military commis15 sions to try individuals detained in the global war on 

16 terrorism. 

17 (3) On June 29, 2006, the Supreme Court held 

18 in Hamdan v. Rumsfeld (126 S. Ct. 2749 (2006)) 

19 that— 

20 (A) the authority to establish military com21 missions ‘‘can derive only from the powers 

22 granted jointly to the President and Congress 

23 in time of war’’; 

24 (B) the military commission established by 

25 the President to try Hamdan ‘‘lacks the power 


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1 to proceed’’ because the procedures governing 

2 the commission departed impermissibly from 

3 the procedures governing courts martial and the 

4 requirements of Common Article 3 of the Gene5 va Conventions; and 

6 (C) procedures governing military commis7 sions may depart from the procedures gov8 erning courts martial ‘‘only if some practical 

9 need explains deviations from court-martial 

10 practice’’. 

11 (b) SENSE OF CONGRESS.—It is the sense of Con12 gress that— 

13 (1) aliens detained by the United States who 

14 are alleged to have violated the law of war should be 

15 tried for their offenses; 

16 (2) it is in the national interest for Congress to 

17 exercise its authority under the Constitution to enact 

18 legislation authorizing and regulating the use of 

19 military commissions to try and punish offenders 

20 against the law of war; 

21 (3) procedures established by Congress for the 

22 use of military commissions should be consistent 

23 with the decision of the Supreme Court in Hamdan 

24 v. Rumsfeld; 


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1 (4) in drafting legislation for the use of military 

2 commissions, the Committees on Armed Services of 

3 the Senate and the House of Representatives should 

4 take into account the views of professional military 

5 lawyers who have experience in prosecuting, defend6 ing, and judging cases under chapter 47 of title 10, 

7 United States Code (the Uniform Code of Military 

8 Justice); 

9 (5) the Committee on Armed Services of the 

10 Senate is drafting a bipartisan proposal on military 

11 commissions that reflects the views of senior military 

12 lawyers, and this process must be allowed to move 

13 forward; and 

14 (6) as the Judge Advocate General of the Navy 

15 explained in testimony before the Committee on 

16 Armed Services of the Senate on July 13, 2006, 

17 ‘‘[w]e need to think in terms of the long view, and 

18 to always put our own sailors, soldiers, Marines, and 

19 airmen in the place of an accused when we’re draft20 ing these rules to ensure that these rules are accept21 able when we have someone in a future war who 

22 faces similar rules’’. 


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1 DIVISION C—INTELLIGENCE 

2 AUTHORIZATIONS 

3 SEC. 2001. SHORT TITLE. 

4 This division may be cited as the ‘‘Intelligence Au5 thorization Act for Fiscal Year 2007’’. 

6 TITLE XXI—INTELLIGENCE 

7 ACTIVITIES 

8 SEC. 2101. AUTHORIZATION OF APPROPRIATIONS. 

9 Funds are hereby authorized to be appropriated for 

10 fiscal year 2007 for the conduct of the intelligence and 

11 intelligence-related activities of the following elements of 

12 the United States Government: 

13 (1) The Office of the Director of National Intel14 ligence. 

15 (2) The Central Intelligence Agency. 

16 (3) The Department of Defense. 

17 (4) The Defense Intelligence Agency. 

18 (5) The National Security Agency. 

19 (6) The Department of the Army, the Depart20 ment of the Navy, and the Department of the Air 

21 Force. 

22 (7) The Department of State. 

23 (8) The Department of the Treasury. 

24 (9) The Department of Energy. 

25 (10) The Department of Justice. 


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1 (11) The Federal Bureau of Investigation. 

2 (12) The National Reconnaissance Office. 

3 (13) The National Geospatial-Intelligence Agen4 cy. 

5 (14) The Coast Guard. 

6 (15) The Department of Homeland Security. 

7 (16) The Drug Enforcement Administration. 

8 SEC. 2102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS. 

9 (a) SPECIFICATIONS OF AMOUNTS AND PERSONNEL

10 CEILINGS.—The amounts authorized to be appropriated 

11 under section 2101, and the authorized personnel ceilings 

12 as of September 30, 2007, for the conduct of the intel13 ligence and intelligence-related activities of the elements 

14 listed in such section, are those specified in the classified 

15 Schedule of Authorizations prepared to accompany the 

16 conference report on the bill lllll of the One Hun17 dred Ninth Congress and in the Classified Annex to such 

18 report as incorporated in this division under section 2103. 

19 (b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AU20 THORIZATIONS.—The Schedule of Authorizations shall be 

21 made available to the Committees on Appropriations of 

22 the Senate and House of Representatives and to the Presi23 dent. The President shall provide for suitable distribution 

24 of the Schedule, or of appropriate portions of the Sched25 ule, within the executive branch. 


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1 SEC. 2103. INCORPORATION OF CLASSIFIED ANNEX. 

2 (a) STATUS OF CLASSIFIED ANNEX.—The Classified 

3 Annex prepared by the Select Committee on Intelligence 

4 of the Senate to accompany its report on the bill S. ll 

5 of the One Hundred Ninth Congress and transmitted to 

6 the President is hereby incorporated into this division. 

7 (b) CONSTRUCTION WITH OTHER PROVISIONS OF

8 DIVISION.—Unless otherwise specifically stated, the 

9 amounts specified in the Classified Annex are not in addi10 tion to amounts authorized to be appropriated by other 

11 provisions of this division. 

12 (c) LIMITATION ON USE OF FUNDS.—Funds appro13 priated pursuant to an authorization contained in this di14 vision that are made available for a program, project, or 

15 activity referred to in the Classified Annex may only be 

16 expended for such program, project, or activity in accord17 ance with such terms, conditions, limitations, restrictions, 

18 and requirements as are set out for that program, project, 

19 or activity in the Classified Annex. 

20 (d) DISTRIBUTION OF CLASSIFIED ANNEX.—The 

21 President shall provide for appropriate distribution of the 

22 Classified Annex, or of appropriate portions of the annex, 

23 within the executive branch of the Government. 

24 SEC. 2104. PERSONNEL CEILING ADJUSTMENTS. 

25 (a) AUTHORITY FOR ADJUSTMENTS.—With the ap26 proval of the Director of the Office of Management and 


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1 Budget, the Director of National Intelligence may author2 ize employment of civilian personnel in excess of the num3 ber authorized for fiscal year 2007 under section 2102 

4 when the Director of National Intelligence determines that 

5 such action is necessary to the performance of important 

6 intelligence functions, except that the number of personnel 

7 employed in excess of the number authorized under such 

8 section may not, for any element of the intelligence com9 munity, exceed 2 percent of the number of civilian per10 sonnel authorized under such section for such element. 

11 (b) NOTICE TO INTELLIGENCE COMMITTEES.—The 

12 Director of National Intelligence shall promptly notify the 

13 Select Committee on Intelligence of the Senate and the 

14 Permanent Select Committee on Intelligence of the House 

15 of Representatives whenever the Director exercises the au16 thority granted by this section. 

17 SEC. 2105. INTELLIGENCE COMMUNITY MANAGEMENT AC18 COUNT. 

19 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

20 authorized to be appropriated for the Intelligence Commu21 nity Management Account of the Director of National In22 telligence for fiscal year 2007 the sum of $648,952,000. 

23 Within such amount, funds identified in the classified 

24 Schedule of Authorizations referred to in section 2102(a) 


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1 for advanced research and development shall remain avail2 able until September 30, 2008. 

3 (b) AUTHORIZED PERSONNEL LEVELS.—The ele4 ments within the Intelligence Community Management 

5 Account of the Director of National Intelligence are au6 thorized 1,575 full-time personnel as of September 30, 

7 2007. Personnel serving in such elements may be perma8 nent employees of the Intelligence Community Manage9 ment Account or personnel detailed from other elements 

10 of the United States Government. 

11 (c) CLASSIFIED AUTHORIZATIONS.— 

12 (1) AUTHORIZATION OF APPROPRIATIONS.—In 

13 addition to amounts authorized to be appropriated 

14 for the Intelligence Community Management Ac15 count by subsection (a), there are also authorized to 

16 be appropriated for the Intelligence Community 

17 Management Account for fiscal year 2007 such addi18 tional amounts as are specified in the classified 

19 Schedule of Authorizations referred to in section 

20 2102(a). Such additional amounts for research and 

21 development shall remain available until September 

22 30, 2008. 

23 (2) AUTHORIZATION OF PERSONNEL.—In addi24 tion to the personnel authorized by subsection (b) 

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1 ment Account as of September 30, 2007, there are 

2 also authorized such additional personnel for such 

3 elements as of that date as are specified in the clas4 sified Schedule of Authorizations. 

5 (d) REIMBURSEMENT.—Except as provided in section 

6 113 of the National Security Act of 1947 (50 U.S.C. 

7 404h), during fiscal year 2007 any officer or employee of 

8 the United States or a member of the Armed Forces who 

9 is detailed to the staff of the Intelligence Community Man10 agement Account from another element of the United 

11 States Government shall be detailed on a reimbursable 

12 basis, except that any such officer, employee, or member 

13 may be detailed on a nonreimbursable basis for a period 

14 of less than one year for the performance of temporary 

15 functions as required by the Director of National Intel16 ligence. 

17 SEC. 2106. INCORPORATION OF REPORTING REQUIRE18 MENTS. 

19 (a) IN GENERAL.—Each requirement to submit a re20 port to the congressional intelligence committees that is 

21 included in the joint explanatory statement to accompany 

22 the conference report on the bill llll of the One 

23 Hundred Ninth Congress, or in the classified annex to this 

24 division, is hereby incorporated into this division, and is 

25 hereby made a requirement in law. 


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1 (b) CONGRESSIONAL INTELLIGENCE COMMITTEES

2 DEFINED.—In this section, the term ‘‘congressional intel3 ligence committees’’ means— 

4 (1) the Select Committee on Intelligence of the 

5 Senate; and 

6 (2) the Permanent Select Committee on Intel7 ligence of the House of Representatives. 

8 SEC. 2107. AVAILABILITY TO PUBLIC OF CERTAIN INTEL9 LIGENCE FUNDING INFORMATION. 

10 (a) AMOUNTS REQUESTED EACH FISCAL YEAR.— 

11 The President shall disclose to the public for each fiscal 

12 year after fiscal year 2007 the aggregate amount of appro13 priations requested in the budget of the President for such 

14 fiscal year for the National Intelligence Program. 

15 (b) AMOUNTS AUTHORIZED AND APPROPRIATED

16 EACH FISCAL YEAR.—Congress shall disclose to the pub17 lic for each fiscal year after fiscal year 2006 the aggregate 

18 amount of funds authorized to be appropriated, and the 

19 aggregate amount of funds appropriated, by Congress for 

20 such fiscal year for the National Intelligence Program. 

21 (c) STUDY ON DISCLOSURE OF ADDITIONAL INFOR22 MATION.— 

23 (1) IN GENERAL.—The Director of National In24 telligence shall conduct a study to assess the advis25 ability of disclosing to the public amounts as follows: 


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1 (A) The aggregate amount of appropria2 tions requested in the budget of the President 

3 for each fiscal year for each element of the in4 telligence community. 

5 (B) The aggregate amount of funds au6 thorized to be appropriated, and the aggregate 

7 amount of funds appropriated, by Congress for 

8 each fiscal year for each element of the intel9 ligence community. 

10 (2) REQUIREMENTS.—The study required by 

11 paragraph (1) shall— 

12 (A) address whether or not the disclosure 

13 to the public of the information referred to in 

14 that paragraph would harm the national secu15 rity of the United States; and 

16 (B) take into specific account concerns re17 lating to the disclosure of such information for 

18 each element of the intelligence community. 

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

20 the date of the enactment of this Act, the Director 

21 shall submit to Congress a report on the study re22 quired by paragraph (1). 


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1 SEC. 2108. RESPONSE OF INTELLIGENCE COMMUNITY TO 

2 REQUESTS FROM CONGRESS FOR INTEL3 LIGENCE DOCUMENTS AND INFORMATION. 

4 (a) IN GENERAL.—Title V of the National Security 

5 Act of 1947 (50 U.S.C. 413 et seq.) is amended by adding 

6 at the end the following new section: 

7 ‘‘RESPONSE OF INTELLIGENCE COMMUNITY TO REQUESTS

8 FROM CONGRESS FOR INTELLIGENCE DOCUMENTS

9 AND INFORMATION

10 ‘‘SEC. 508. (a) REQUESTS OF COMMITTEES.—The 

11 Director of National Intelligence, the Director of the Na12 tional Counterterrorism Center, the Director of a national 

13 intelligence center, or the head of any other department, 

14 agency, or element of the Federal Government, or other 

15 organization within the Executive branch, that is an ele16 ment of the intelligence community shall, not later than 

17 15 days after receiving a request for any intelligence as18 sessment, report, estimate, legal opinion, or other intel19 ligence information from the Select Committee on Intel20 ligence of the Senate, the Permanent Select Committee on 

21 Intelligence of the House of Representatives, or any other 

22 committee of Congress with jurisdiction over the subject 

23 matter to which information in such assessment, report, 

24 estimate, legal opinion, or other information relates, make 

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1 mate, legal opinion, or other information, as the case may 

2 be. 

3 ‘‘(b) REQUESTS OF CERTAIN MEMBERS.—(1) The 

4 Director of National Intelligence, the Director of the Na5 tional Counterterrorism Center, the Director of a national 

6 intelligence center, or the head of any other department, 

7 agency, or element of the Federal Government, or other 

8 organization within the Executive branch, that is an ele9 ment of the intelligence community shall respond, in the 

10 time specified in subsection (a), to a request described in 

11 that subsection from the Chairman or Vice Chairman of 

12 the Select Committee on Intelligence of the Senate or the 

13 Chairman or Ranking Member of the Permanent Select 

14 Committee on Intelligence of the House of Representa15 tives. 

16 ‘‘(2) Upon making a request covered by paragraph 

17 (1)— 

18 ‘‘(A) the Chairman or Vice Chairman, as the 

19 case may be, of the Select Committee on Intelligence 

20 of the Senate shall notify the other of the Chairman 

21 or Vice Chairman of such request; and 

22 ‘‘(B) the Chairman or Ranking Member, as the 

23 case may be, of the Permanent Select Committee on 

24 Intelligence of the House of Representatives shall 


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1 notify the other of the Chairman or Ranking Mem2 ber of such request. 

3 ‘‘(c) ASSERTION OF PRIVILEGE.—In response to a re4 quest covered by subsection (a) or (b), the Director of Na5 tional Intelligence, the Director of the National 

6 Counterterrorism Center, the Director of a national intel7 ligence center, or the head of any other department, agen8 cy, or element of the Federal Government, or other organi9 zation within the Executive branch, that is an element of 

10 the intelligence community shall provide the document or 

11 information covered by such request unless the President 

12 certifies that such document or information is not being 

13 provided because the President is asserting a privilege 

14 pursuant to the Constitution of the United States.’’. 

15 (b) CLERICAL AMENDMENT.—The table of contents 

16 in the first section of that Act is amended by inserting 

17 after the item relating to section 507 the following new 

18 item: 

‘‘Sec. 508. Response of intelligence community to requests from Congress for 

intelligence documents and information.’’. 


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1 TITLE XXII—CENTRAL INTEL2 LIGENCE AGENCY RETIRE3 MENT AND DISABILITY SYS4 TEM 

5 SEC. 2201. AUTHORIZATION OF APPROPRIATIONS. 

6 There is authorized to be appropriated for the Cen7 tral Intelligence Agency Retirement and Disability Fund 

8 for fiscal year 2007 the sum of $256,400,000. 

9 TITLE XXIII—INTELLIGENCE 

10 AND GENERAL INTEL11 LIGENCE COMMUNITY MAT12 TERS 

13 SEC. 2301. INCREASE IN EMPLOYEE COMPENSATION AND 

14 BENEFITS AUTHORIZED BY LAW. 

15 Appropriations authorized by this division for salary, 

16 pay, retirement, and other benefits for Federal employees 

17 may be increased by such additional or supplemental 

18 amounts as may be necessary for increases in such com19 pensation or benefits authorized by law. 

20 SEC. 2302. RESTRICTION ON CONDUCT OF INTELLIGENCE 

21 ACTIVITIES. 

22 The authorization of appropriations by this division 

23 shall not be deemed to constitute authority for the conduct 

24 of any intelligence activity which is not otherwise author25 ized by the Constitution or the laws of the United States. 


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1 SEC. 2303. CLARIFICATION OF DEFINITION OF INTEL2 LIGENCE COMMUNITY UNDER THE NATIONAL 

3 SECURITY ACT OF 1947. 

4 Subparagraph (L) of section 3(4) of the National Se5 curity Act of 1947 (50 U.S.C. 401a(4)) is amended by 

6 striking ‘‘other’’ the second place it appears. 

7 SEC. 2304. IMPROVEMENT OF NOTIFICATION OF CONGRESS 

8 REGARDING INTELLIGENCE ACTIVITIES OF 

9 THE UNITED STATES GOVERNMENT. 

10 (a) CLARIFICATION OF DEFINITION OF CONGRES11 SIONAL INTELLIGENCE COMMITTEES TO INCLUDE ALL

12 MEMBERS OF COMMITTEES.—Section 3(7) of the Na13 tional Security Act of 1947 (50 U.S.C. 401a(7)) is amend14 ed— 

15 (1) in subparagraph (A), by inserting ‘‘, and in16 cludes each member of the Select Committee’’ before 

17 the semicolon; and 

18 (2) in subparagraph (B), by inserting ‘‘, and in19 cludes each member of the Permanent Select Com20 mittee’’ before the period. 

21 (b) NOTICE ON INFORMATION NOT DISCLOSED.— 

22 (1) IN GENERAL.—Section 502 of such Act (50 

23 U.S.C. 413a) is amended— 

24 (A) by redesignating subsections (b) and 

25 (c) as subsections (c) and (d), respectively; and 


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1 (B) by inserting after subsection (a) the 

2 following new subsection (b): 

3 ‘‘(b) NOTICE ON INFORMATION NOT DISCLOSED.— 

4 (1) If the Director of National Intelligence or the head 

5 of a department, agency, or other entity of the United 

6 States Government does not provide information required 

7 by subsection (a) in full or to all the members of the con8 gressional intelligence committees and requests that such 

9 information not be provided in full or to all members of 

10 the congressional intelligence committees, the Director 

11 shall, in a timely fashion— 

12 ‘‘(A) notify all the members of such committees 

13 of the determination not to provide such information 

14 in full or to all members of such committees, as the 

15 case may be, including a statement of the reasons 

16 for such determination; and 

17 ‘‘(B) submit, in writing, to all the members of 

18 such committees a summary of the intelligence ac19 tivities covered by such determination that provides 

20 sufficient information to permit such members to as21 sess the legality, benefits, costs, and advisability of 

22 such activities. 

23 ‘‘(2) Nothing in this subsection shall be construed as 

24 authorizing less than full and current disclosure to all the 

25 members of the Select Committee on Intelligence of the 


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1 Senate and the Permanent Select Committee on Intel2 ligence of the House of Representatives of any information 

3 necessary to keep all the members of such committees fully 

4 and currently informed on all intelligence activities cov5 ered by this section.’’. 

6 (2) CONFORMING AMENDMENT.—Subsection (d) 

7 of such section, as redesignated by paragraph (1)(A) 

8 of this subsection, is amended by striking ‘‘sub9 section (b)’’ and inserting ‘‘subsections (b) and (c)’’. 

10 (c) REPORTS AND NOTICE ON COVERT ACTIONS.— 

11 (1) FORM AND CONTENT OF CERTAIN RE12 PORTS.—Subsection (b) of section 503 of such Act 

13 (50 U.S.C. 413b) is amended— 

14 (A) by redesignating paragraphs (1) and 

15 (2) as subparagraphs (A) and (B), respectively; 

16 (B) by inserting ‘‘(1)’’ after ‘‘(b)’’; and 

17 (C) by adding at the end the following new 

18 paragraph: 

19 ‘‘(2) Any report relating to a covert action that is 

20 submitted to the congressional intelligence committees for 

21 the purposes of paragraph (1) shall be in writing, and 

22 shall contain the following: 

23 ‘‘(A) A concise statement of any facts pertinent 

24 to such report. 


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1 ‘‘(B) An explanation of the significance of the 

2 covert action covered by such report.’’. 

3 (2) NOTICE ON INFORMATION NOT DIS4 CLOSED.—Subsection (c) of such section is amended 

5 by adding at the end the following new paragraph: 

6 ‘‘(5) If the Director of National Intelligence or the 

7 head of a department, agency, or other entity of the 

8 United States Government does not provide information 

9 required by subsection (b)(2) in full or to all the members 

10 of the congressional intelligence committees, and requests 

11 that such information not be provided in full or to all 

12 members of the congressional intelligence committees, for 

13 the reason specified in paragraph (2), the Director shall, 

14 in a timely fashion— 

15 ‘‘(A) notify all the members of such committees 

16 of the determination not to provide such information 

17 in full or to all members of such committees, as the 

18 case may be, including a statement of the reasons 

19 for such determination; and 

20 ‘‘(B) submit, in writing, to all the members of 

21 such committees a summary of the covert action cov22 ered by such determination that provides sufficient 

23 information to permit such members to assess the 

24 legality, benefits, costs, and advisability of such cov25 ert action.’’. 


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1 (3) MODIFICATION OF NATURE OF CHANGE OF

2 COVERT ACTION TRIGGERING NOTICE REQUIRE3 MENTS.—Subsection (d) of such section is amended 

4 by striking ‘‘significant’’ the first place it appears. 

5 SEC. 2305. DELEGATION OF AUTHORITY FOR TRAVEL ON 

6 COMMON CARRIERS FOR INTELLIGENCE 

7 COLLECTION PERSONNEL. 

8 (a) DELEGATION OF AUTHORITY.—Section 116(b) of 

9 the National Security Act of 1947 (50 U.S.C. 404k(b)) 

10 is amended— 

11 (1) by inserting ‘‘(1)’’ before ‘‘The Director’’; 

12 (2) in paragraph (1), by striking ‘‘may only del13 egate’’ and all that follows and inserting ‘‘may dele14 gate the authority in subsection (a) to the head of 

15 any other element of the intelligence community.’’; 

16 and 

17 (3) by adding at the end the following new 

18 paragraph: 

19 ‘‘(2) The head of an element of the intelligence com20 munity to whom the authority in subsection (a) is dele21 gated pursuant to paragraph (1) may further delegate 

22 such authority to such senior officials of such element as 

23 are specified in guidelines prescribed by the Director of 

24 National Intelligence for purposes of this paragraph.’’. 


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1 (b) SUBMITTAL OF GUIDELINES TO CONGRESS.—Not 

2 later than six months after the date of the enactment of 

3 this Act, the Director of National Intelligence shall pre4 scribe and submit to the congressional intelligence com5 mittees the guidelines referred to in paragraph (2) of sec6 tion 116(b) of the National Security Act of 1947, as added 

7 by subsection (a). 

8 (c) CONGRESSIONAL INTELLIGENCE COMMITTEES

9 DEFINED.—In this section, the term ‘‘congressional intel10 ligence committees’’ means— 

11 (1) the Select Committee on Intelligence of the 

12 Senate; and 

13 (2) the Permanent Select Committee on Intel14 ligence of the House of Representatives. 

15 SEC. 2306. MODIFICATION OF AVAILABILITY OF FUNDS FOR 

16 DIFFERENT INTELLIGENCE ACTIVITIES. 

17 Subparagraph (B) of section 504(a)(3) of the Na18 tional Security Act of 1947 (50 U.S.C. 414(a)(3)) is 

19 amended to read as follows: 

20 ‘‘(B) the use of such funds for such activity 

21 supports an emergent need, improves program effec22 tiveness, or increases efficiency; and’’. 


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1 SEC. 2307. ADDITIONAL LIMITATION ON AVAILABILITY OF 

2 FUNDS FOR INTELLIGENCE AND INTEL3 LIGENCE-RELATED ACTIVITIES. 

4 Section 504 of the National Security Act of 1947 (50 

5 U.S.C. 414) is amended— 

6 (1) in subsection (a), by inserting ‘‘the congres7 sional intelligence committees have been fully and 

8 currently informed of such activity and if’’ after 

9 ‘‘only if’’; 

10 (2) by redesignating subsections (b), (c), (d), 

11 and (e) as subsections (c), (d), (e), and (f), respec12 tively; and 

13 (3) by inserting after subsection (a) the fol14 lowing new subsection (b): 

15 ‘‘(b) In any case in which notice to the congressional 

16 intelligence committees on an intelligence or intelligence17 related activity is covered by section 502(b), or in which 

18 notice to the congressional intelligence committees on a 

19 covert action is covered by section 503(c)(5), the congres20 sional intelligence committees shall be treated as being 

21 fully and currently informed on such activity or covert ac22 tion, as the case may be, for purposes of subsection (a) 

23 if the requirements of such section 502(b) or 503(c)(5), 

24 as applicable, have been met.’’. 


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1 SEC. 2308. INCREASE IN PENALTIES FOR DISCLOSURE OF 

2 UNDERCOVER INTELLIGENCE OFFICERS AND 

3 AGENTS. 

4 (a) DISCLOSURE OF AGENT AFTER ACCESS TO IN5 FORMATION IDENTIFYING AGENT.—Subsection (a) of sec6 tion 601 of the National Security Act of 1947 (50 U.S.C. 

7 421) is amended by striking ‘‘ten years’’ and inserting ‘‘15 

8 years’’. 

9 (b) DISCLOSURE OF AGENT AFTER ACCESS TO CLAS10 SIFIED INFORMATION.—Subsection (b) of such section is 

11 amended by striking ‘‘five years’’ and inserting ‘‘ten 

12 years’’. 

13 SEC. 2309. RETENTION AND USE OF AMOUNTS PAID AS 

14 DEBTS TO ELEMENTS OF THE INTELLIGENCE 

15 COMMUNITY. 

16 (a) IN GENERAL.—Title XI of the National Security 

17 Act of 1947 (50 U.S.C. 442 et seq.) is amended by adding 

18 at the end the following new section: 

19 ‘‘RETENTION AND USE OF AMOUNTS PAID AS DEBTS TO

20 ELEMENTS OF THE INTELLIGENCE COMMUNITY

21 ‘‘SEC. 1103. (a) AUTHORITY TO RETAIN AMOUNTS

22 PAID.—Notwithstanding section 3302 of title 31, United 

23 States Code, or any other provision of law, the head of 

24 an element of the intelligence community may retain 

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1 ment from personal funds, for repayment of a debt owed 

2 to the element of the intelligence community. 

3 ‘‘(b) CREDITING OF AMOUNTS RETAINED.—(1) 

4 Amounts retained under subsection (a) shall be credited 

5 to the current appropriation or account from which such 

6 funds were derived or whose expenditure formed the basis 

7 for the underlying activity from which the debt concerned 

8 arose. 

9 ‘‘(2) Amounts credited to an appropriation or account 

10 under paragraph (1) shall be merged with amounts in 

11 such appropriation or account, and shall be available in 

12 accordance with subsection (c). 

13 ‘‘(c) AVAILABILITY OF AMOUNTS.—Amounts credited 

14 to an appropriation or account under subsection (b) with 

15 respect to a debt owed to an element of the intelligence 

16 community shall be available to the head of such element, 

17 for such time as is applicable to amounts in such appro18 priation or account, or such longer time as may be pro19 vided by law, for purposes as follows: 

20 ‘‘(1) In the case of a debt arising from lost or 

21 damaged property of such element, the repair of 

22 such property or the replacement of such property 

23 with alternative property that will perform the same 

24 or similar functions as such property. 


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1 ‘‘(2) The funding of any other activities author2 ized to be funded by such appropriation or account. 

3 ‘‘(d) DEBT OWED TO AN ELEMENT OF THE INTEL4 LIGENCE COMMUNITY DEFINED.—In this section, the 

5 term ‘debt owed to an element of the intelligence commu6 nity’ means any of the following: 

7 ‘‘(1) A debt owed to an element of the intel8 ligence community by an employee or former em9 ployee of such element for the negligent or willful 

10 loss of or damage to property of such element that 

11 was procured by such element using appropriated 

12 funds. 

13 ‘‘(2) A debt owed to an element of the intel14 ligence community by an employee or former em15 ployee of such element as repayment for default on 

16 the terms and conditions associated with a scholar17 ship, fellowship, or other educational assistance pro18 vided to such individual by such element, whether in 

19 exchange for future services or otherwise, using ap20 propriated funds. 

21 ‘‘(3) Any other debt or repayment owed to an 

22 element of the intelligence community by a private 

23 person or entity by reason of the negligent or willful 

24 action of such person or entity, as determined by a 


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1 court of competent jurisdiction or in a lawful admin2 istrative proceeding.’’. 

3 (b) CLERICAL AMENDMENT.—The table of contents 

4 in the first section of that Act is amended by adding at 

5 the end the following new item: 

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

6 SEC. 2310. PILOT PROGRAM ON DISCLOSURE OF RECORDS 

7 UNDER THE PRIVACY ACT RELATING TO CER8 TAIN INTELLIGENCE ACTIVITIES. 

9 (a) IN GENERAL.—Subsection (b) of section 552a of 

10 title 5, United States Code, is amended— 

11 (1) in paragraph (11), by striking ‘‘or’’ at the 

12 end; 

13 (2) in paragraph (12), by striking the period 

14 and inserting ‘‘; or’’; and 

15 (3) by adding at the end the following new 

16 paragraph: 

17 ‘‘(13) to an element of the intelligence commu18 nity set forth in or designated under section 3(4) of 

19 the National Security Act of 1947 (50 U.S.C. 

20 401a(4))— 

21 ‘‘(A) by another element of the intelligence 

22 community that maintains the record, if the 

23 record is relevant to a lawful and authorized 

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1 ity conducted by the receiving element of the in2 telligence community and pertains to an identi3 fiable individual or, upon the authorization of 

4 the Director of National Intelligence (or a des5 ignee of the Director in a position not lower 

6 than Deputy Director of National Intelligence), 

7 other than an identifiable individual; or 

8 ‘‘(B) by any other agency that maintains 

9 the record, if— 

10 ‘‘(i) the head of the element of the in11 telligence community makes a written re12 quest to that agency specifying the par13 ticular portion of the record that is rel14 evant to a lawful and authorized activity of 

15 the element of the intelligence community 

16 to protect against international terrorism 

17 or the proliferation of weapons of mass de18 struction; or 

19 ‘‘(ii) the head of that agency deter20 mines that— 

21 ‘‘(I) the record, or particular por22 tion thereof, constitutes terrorism in23 formation (as that term is defined in 

24 section 1016(a)(4) of the National Se25 curity Intelligence Reform Act of 


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1 2004 (title I of Public Law 108–458)) 

2 or information concerning the pro3 liferation of weapons of mass destruc4 tion; and 

5 ‘‘(II) the disclosure of the record, 

6 or particular portion thereof, will be 

7 to an element of the intelligence com8 munity authorized to collect and ana9 lyze foreign intelligence or counter10 intelligence information related to 

11 international terrorism or the pro12 liferation of weapons of mass destruc13 tion.’’. 

14 (b) EXEMPTION FROM CERTAIN PRIVACY ACT RE15 QUIREMENTS FOR RECORD ACCESS AND ACCOUNTING

16 FOR DISCLOSURES.—Elements of the intelligence commu17 nity set forth in or designated under section 3(4) of the 

18 National Security Act of 1947 (50 U.S.C. 401a(4)) receiv19 ing a disclosure under subsection (b)(13) of section 552a 

20 of title 5, United States Code, shall not be required to 

21 comply with subsection (c)(3), (c)(4), or (d) of such sec22 tion 552a with respect to such disclosure, or the records, 

23 or portions thereof, disclosed under subsection (b)(13) of 

24 such section 552a. 


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1 (c) CONSULTATION ON DETERMINATIONS OF INFOR2 MATION TYPE.—Such section is further amended by add3 ing at the end the following new subsection: 

4 ‘‘(w) AUTHORITY TO CONSULT ON DETERMINATIONS

5 OF INFORMATION TYPE.—When determining for purposes 

6 of subsection (b)(13)(B)(ii) whether a record constitutes 

7 terrorism information (as that term is defined in section 

8 1016(a)(4)) of the National Security Intelligence Reform 

9 Act of 2004 (title I of Public Law 108–458; 118 Stat. 

10 3665)) or information concerning the proliferation of 

11 weapons of mass destruction, the head of an agency may 

12 consult with the Director of National Intelligence or the 

13 Attorney General.’’. 

14 (d) CONSTRUCTION.—Nothing in the amendments 

15 made by this section shall be deemed to constitute author16 ity for the receipt, collection, or retention of information 

17 unless the receipt, collection, or retention of such informa18 tion by the element of the intelligence community con19 cerned is otherwise authorized by the Constitution, laws, 

20 or Executive orders of the United States. 

21 (e) RECORDKEEPING REQUIREMENTS.— 

22 (1) RETENTION OF REQUESTS.—Any request 

23 made by the head of an element of the intelligence 

24 community to another department or agency of the 

25 Federal Government under paragraph (13)(B)(i) of 


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1 section 552a(b) of title 5, United States Code (as 

2 added by subsection (a)), shall be retained by such 

3 element of the intelligence community in a manner 

4 consistent with the protection of intelligence sources 

5 and methods. Any request so retained should be ac6 companied by an explanation that supports the as7 sertion of the element of the intelligence community 

8 requesting the record that the information was, at 

9 the time of request, relevant to a lawful and author10 ized activity to protect against international ter11 rorism or the proliferation of weapons of mass de12 struction. 

13 (2) ACCESS TO RETAINED REQUESTS.—An ele14 ment of the intelligence community retaining a re15 quest, and any accompanying explanation, under 

16 paragraph (1) shall, consistent with the protection of 

17 intelligence sources and methods, provide access to 

18 such request, and any accompanying explanation, to 

19 the following: 

20 (A) The head of the department or agency 

21 of the Federal Government receiving such re22 quest, or the designee of the head of such de23 partment or agency, if— 

24 (i) the access of such official to such 

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1 nation, is consistent with the protection of 

2 intelligence sources and methods; 

3 (ii) such official is appropriately 

4 cleared for access to such request, and any 

5 accompanying explanation; and 

6 (iii) the access of such official to such 

7 request, and any accompanying expla8 nation, is necessary for the performance of 

9 the duties of such official. 

10 (B) The Select Committee on Intelligence 

11 of the Senate or the Permanent Select Com12 mittee on Intelligence of the House of Rep13 resentatives. 

14 (C) The Inspector General of any element 

15 of the intelligence community having jurisdic16 tion over the matter. 

17 (f) REPORTS.— 

18 (1) ANNUAL REPORTS.—Not later than one 

19 year after the date of the enactment of this Act, and 

20 annually thereafter through the termination of this 

21 section and the amendments made by this section 

22 under subsection (j), the Director of National Intel23 ligence and the Attorney General, in coordination 

24 with the Privacy and Civil Liberties Oversight 

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1 mittees of Congress a report on the administration 

2 of this section and the amendments made by this 

3 section. 

4 (2) FINAL REPORT.—Not later than six months 

5 before the date specified in subsection (j), the Direc6 tor of National Intelligence and the Attorney Gen7 eral, in coordination with the Privacy and Civil Lib8 erties Oversight Board, shall jointly submit to the 

9 appropriate committees of Congress a report on ad10 ministration of this section and the amendments 

11 made by this section. The report shall include the 

12 recommendations of the Director and the Attorney 

13 General, as they consider appropriate, regarding the 

14 continuation in effect of such amendments after 

15 such date. 

16 (3) REVIEW AND REPORT BY PRIVACY AND

17 CIVIL LIBERTIES OVERSIGHT BOARD.—Not later 

18 than six months before the date specified in sub19 section (j), the Privacy and Civil Liberties Oversight 

20 Board shall— 

21 (A) review the administration of the 

22 amendments made by this section; and 

23 (B) in a manner consistent with section 

24 1061(c)(1) of the National Security Intelligence 

25 Reform Act of 2004 (title I of Public Law 108– 


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1 458; 118 Stat. 3684; 5 U.S.C. 601 note), sub2 mit to the appropriate committees of Congress 

3 a report providing such advice and counsel on 

4 the administration of this section and the 

5 amendments made by this section as the Board 

6 considers appropriate. 

7 (4) FORM OF REPORTS.—Each report under 

8 this subsection shall, to the maximum extent prac9 ticable, be submitted in unclassified form. Any clas10 sified annex included with such a report shall be 

11 submitted to the Select Committee on Intelligence of 

12 the Senate and the Permanent Select Committee on 

13 Intelligence of the House of Representatives. 

14 (g) GUIDELINES.— 

15 (1) IN GENERAL.—Not later than six months 

16 after the date of the enactment of this Act, the At17 torney General and the Director of National Intel18 ligence shall, in consultation with the Secretary of 

19 Defense and other appropriate officials, jointly pre20 scribe guidelines governing the implementation and 

21 exercise of the authorities provided in this section 

22 and the amendments made by this section. 

23 (2) ELEMENTS.—The guidelines prescribed 

24 under paragraph (1) shall— 


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1 (A) ensure that the authorities provided 

2 under paragraph (13) of section 552a(b) of title 

3 5, United States Code (as added by subsection 

4 (a)), are implemented in a manner that protects 

5 the rights under the Constitution of United 

6 States persons; 

7 (B) direct that all applicable policies and 

8 procedures governing the receipt, collection, re9 tention, analysis, and dissemination of foreign 

10 intelligence information concerning United 

11 States persons are appropriately followed; and 

12 (C) provide that the authorities provided 

13 under paragraph (13) of section 552a(b) of title 

14 5, United States Code (as so added), are imple15 mented in a manner consistent with existing 

16 laws, regulations, and Executive orders gov17 erning the conduct of intelligence activities. 

18 (3) FORM.—The guidelines prescribed under 

19 paragraph (1) shall be unclassified, to the maximum 

20 extent practicable, but may include a classified 

21 annex. 

22 (4) SUBMITTAL TO CONGRESS.—The guidelines 

23 prescribed under paragraph (1) shall be submitted 

24 to the appropriate committees of Congress. Any clas25 sified annex included with such guidelines shall be 


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1 submitted to the Select Committee on Intelligence of 

2 the Senate and the Permanent Select Committee on 

3 Intelligence of the House of Representatives. 

4 (h) EFFECTIVE DATE.— 

5 (1) IN GENERAL.—Except as provided in para6 graph (2), this section and the amendments made by 

7 this section shall take effect on the date of the 

8 issuance of the guidelines required by subsection (g). 

9 (2) CERTAIN REQUIREMENTS.—Subsections (f) 

10 and (g) shall take effect on the date of the enact11 ment of this Act. 

12 (i) APPROPRIATE COMMITTEES OF CONGRESS DE13 FINED.—In this section, the term ‘‘appropriate commit14 tees of Congress’’ means— 

15 (1) the Committee on Homeland Security and 

16 Governmental Affairs and the Select Committee on 

17 Intelligence of the Senate; and 

18 (2) the Committee on Government Reform and 

19 the Permanent Select Committee on Intelligence of 

20 the House of Representatives. 

21 (j) TERMINATION.—This section and the amend22 ments made by this section shall cease to have effect on 

23 the date that is three years after the date of the issuance 

24 of the guidelines required by subsection (g). 


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1 SEC. 2311. EXTENSION TO INTELLIGENCE COMMUNITY OF 

2 AUTHORITY TO DELETE INFORMATION 

3 ABOUT RECEIPT AND DISPOSITION OF FOR4 EIGN GIFTS AND DECORATIONS. 

5 Paragraph (4) of section 7342(f) of title 5, United 

6 States Code, is amended to read as follows: 

7 ‘‘(4)(A) In transmitting such listings for an element 

8 of the intelligence community, the head of such element 

9 may delete the information described in subparagraphs 

10 (A) and (C) of paragraphs (2) and (3) if the head of such 

11 element certifies in writing to the Secretary of State that 

12 the publication of such information could adversely affect 

13 United States intelligence sources or methods. 

14 ‘‘(B) Any information not provided to the Secretary 

15 of State pursuant to the authority in subparagraph (A) 

16 shall be transmitted to the Director of National Intel17 ligence. 

18 ‘‘(C) In this paragraph, the term ‘element of the in19 telligence community’ means an element of the intelligence 

20 community listed in or designated under section 3(4) of 

21 the National Security Act of 1947 (50 U.S.C. 401a(4)).’’. 

22 SEC. 2312. AVAILABILITY OF FUNDS FOR TRAVEL AND 

23 TRANSPORTATION OF PERSONAL EFFECTS, 

24 HOUSEHOLD GOODS, AND AUTOMOBILES. 

25 (a) FUNDS OF OFFICE OF DIRECTOR OF NATIONAL

26 INTELLIGENCE.—Funds appropriated to the Office of the 


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1 Director of National Intelligence and available for travel 

2 and transportation expenses shall be available for such ex3 penses when any part of the travel or transportation con4 cerned begins in a fiscal year pursuant to travel orders 

5 issued in such fiscal year, notwithstanding that such travel 

6 or transportation is or may not be completed during such 

7 fiscal year. 

8 (b) FUNDS OF CENTRAL INTELLIGENCE AGENCY.— 

9 Funds appropriated to the Central Intelligence Agency 

10 and available for travel and transportation expenses shall 

11 be available for such expenses when any part of the travel 

12 or transportation concerned begins in a fiscal year pursu13 ant to travel orders issued in such fiscal year, notwith14 standing that such travel or transportation is or may not 

15 be completed during such fiscal year. 

16 (c) TRAVEL AND TRANSPORTATION EXPENSES DE17 FINED.—In this section, the term ‘‘travel and transpor18 tation expenses’’ means the following: 

19 (1) Expenses in connection with travel of per20 sonnel, including travel of dependents. 

21 (2) Expenses in connection with transportation 

22 of personal effects, household goods, or automobiles 

23 of personnel. 


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1 SEC. 2313. DIRECTOR OF NATIONAL INTELLIGENCE RE2 PORT ON COMPLIANCE WITH THE DETAINEE 

3 TREATMENT ACT OF 2005. 

4 (a) REPORT REQUIRED.—Not later than 180 days 

5 after the date of the enactment of this Act, the Director 

6 of National Intelligence shall submit to the congressional 

7 intelligence committees a comprehensive report on all 

8 measures taken by the Office of the Director of National 

9 Intelligence and by each element, if any, of the intelligence 

10 community with relevant responsibilities to comply with 

11 the provisions of the Detainee Treatment Act of 2005 

12 (title X of division A of Public Law 109–148). 

13 (b) ELEMENTS.—The report required by subsection 

14 (a) shall include the following: 

15 (1) A description of the detention or interroga16 tion methods, if any, that have been determined to 

17 comply with section 1003 of the Detainee Treatment 

18 Act of 2005 (119 Stat. 2739; 42 U.S.C. 2000dd), 

19 and, with respect to each such method— 

20 (A) an identification of the official making 

21 such determination; and 

22 (B) a statement of the basis for such de23 termination. 

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1 tinued pursuant to the Detainee Treatment Act of 

2 2005, and, with respect to each such method— 

3 (A) an identification of the official making 

4 the determination to discontinue such method; 

5 and 

6 (B) a statement of the basis for such de7 termination. 

8 (3) A description of any actions that have been 

9 taken to implement section 1004 of the Detainee 

10 Treatment Act of 2005 (119 Stat. 2740; 42 U.S.C. 

11 2000dd–1), and, with respect to each such action— 

12 (A) an identification of the official taking 

13 such action; and 

14 (B) a statement of the basis for such ac15 tion. 

16 (4) Any other matters that the Director con17 siders necessary to fully and currently inform the 

18 congressional intelligence committees about the im19 plementation of the Detainee Treatment Act of 

20 2005. 

21 (5) An appendix containing— 

22 (A) all guidelines for the application of the 

23 Detainee Treatment Act of 2005 to the deten24 tion or interrogation activities, if any, of any 

25 element of the intelligence community; and 


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1 (B) all legal opinions of any office or offi2 cial of the Department of Justice about the 

3 meaning or application of Detainee Treatment 

4 Act of 2005 with respect to the detention or in5 terrogation activities, if any, of any element of 

6 the intelligence community. 

7 (c) FORM.—The report required by subsection (a) 

8 shall be submitted in classified form. 

9 (d) DEFINITIONS.—In this section: 

10 (1) The term ‘‘congressional intelligence com11 mittees’’ means— 

12 (A) the Select Committee on Intelligence of 

13 the Senate; and 

14 (B) the Permanent Select Committee of 

15 the House of Representatives. 

16 (2) The term ‘‘intelligence community’’ means 

17 the elements of the intelligence community specified 

18 in or designated under section 3(4) of the National 

19 Security Act of 1947 (50 U.S.C. 401a(4)). 

20 SEC. 2314. REPORT ON ALLEGED CLANDESTINE DETEN21 TION FACILITIES FOR INDIVIDUALS CAP22 TURED IN THE GLOBAL WAR ON TERRORISM. 

23 (a) IN GENERAL.—The President shall ensure that 

24 the United States Government continues to comply with 

25 the authorization, reporting, and notification requirements 


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1 of title V of the National Security Act of 1947 (50 U.S.C. 

2 413 et seq.). 

3 (b) DIRECTOR OF NATIONAL INTELLIGENCE RE4 PORT.— 

5 (1) REPORT REQUIRED.—Not later than 60 

6 days after the date of the enactment of this Act, the 

7 Director of National Intelligence shall provide to the 

8 members of the Select Committee on Intelligence of 

9 the Senate and the Permanent Select Committee on 

10 Intelligence of the House of Representatives a de11 tailed report setting forth the nature and cost of, 

12 and otherwise providing a full accounting on, any 

13 clandestine prison or detention facility currently or 

14 formerly operated by the United States Government, 

15 regardless of location, where detainees in the global 

16 war on terrorism are or were being held. 

17 (2) ELEMENTS.—The report required by para18 graph (1) shall set forth, for each prison or facility, 

19 if any, covered by such report, the following: 

20 (A) The location and size of such prison or 

21 facility. 

22 (B) If such prison or facility is no longer 

23 being operated by the United States Govern24 ment, the disposition of such prison or facility. 


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1 (C) The number of detainees currently 

2 held or formerly held, as the case may be, at 

3 such prison or facility. 

4 (D) Any plans for the ultimate disposition 

5 of any detainees currently held at such prison 

6 or facility. 

7 (E) A description of the interrogation pro8 cedures used or formerly used on detainees at 

9 such prison or facility and a determination, in 

10 coordination with other appropriate officials, on 

11 whether such procedures are or were in compli12 ance with United States obligations under the 

13 Geneva Conventions and the Convention 

14 Against Torture. 

15 (3) FORM OF REPORT.—The report required by 

16 paragraph (1) shall be submitted in classified form. 

17 SEC. 2315. SENSE OF CONGRESS ON ELECTRONIC SURVEIL18 LANCE. 

19 (a) FINDINGS.—Congress makes the following find20 ings: 

21 (1) United States government authorities 

22 should have the legal authority to engage in elec23 tronic surveillance of any telephone conversation in 

24 which one party is reasonably believed to be a mem25 ber or agent of a terrorist organization. 


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1 (2) Absent emergency or other appropriate cir2 cumstances, domestic electronic surveillance should 

3 be subject to judicial review in order to protect the 

4 privacy of law abiding Americans with no ties to ter5 rorism. 

6 (3) The Foreign Intelligence Surveillance Act of 

7 1978 (FISA) authorizes the President to obtain a 

8 warrant for the electronic surveillance of any tele9 phone conversation in which one party is reasonably 

10 believed to be a member or agent of a terrorist orga11 nization. That Act also establishes procedures for 

12 engaging in electronic surveillance without a warrant 

13 on a temporary basis when emergency circumstances 

14 make obtaining a warrant impractical. 

15 (4) During the quarter century since the enact16 ment of the Foreign Intelligence Surveillance Act of 

17 1978, the Foreign Intelligence Surveillance Court 

18 has issued a warrant for electronic surveillance in 

19 response to all but 5 of the approximately 19,000 

20 applications for such a warrant. 

21 (5) Congress has amended the Foreign Intel22 ligence Surveillance Act of 1978 numerous times, in23 cluding six times since September 11, 2001, to 

24 streamline the procedures for obtaining a warrant 

25 from the Foreign Intelligence Surveillance Court. 


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1 (b) SENSE OF CONGRESS.—It is the sense of Con2 gress that— 

3 (1) the Select Committee on Intelligence of the 

4 Senate and the Permanent Select Committee on In5 telligence of the House of Representatives must be 

6 fully briefed on the history, operation, and useful7 ness of the warrantless wiretapping program carried 

8 out by the National Security Agency; 

9 (2) Congress should modify the Foreign Intel10 ligence Surveillance Act of 1978 as needed to ensure 

11 that the government may engage in electronic sur12 veillance of telephone conversations in which one 

13 party is reasonably believed to be a member or agent 

14 of a terrorist organization; 

15 (3) the requirement that the government must, 

16 absent emergency or other appropriate cir17 cumstances, obtain a judicial warrant prior to en18 gaging in electronic surveillance of a United States 

19 person should remain in place to protect the privacy 

20 of law abiding Americans with no ties to terrorism; 

21 and 

22 (4) the President is not above the law and must 

23 abide by congressionally-enacted procedures for en24 gaging in electronic surveillance. 


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1 TITLE XXIV—MATTERS RELAT2 ING TO ELEMENTS OF THE IN3 TELLIGENCE COMMUNITY 

4 Subtitle A—Office of the Director 

5 of National Intelligence 

6 SEC. 2401. ADDITIONAL AUTHORITIES OF THE DIRECTOR 

7 OF NATIONAL INTELLIGENCE ON INTEL8 LIGENCE INFORMATION SHARING. 

9 Section 102A(g)(1) of the National Security Act of 

10 1947 (50 U.S.C. 403–1(g)(1)) is amended— 

11 (1) in subparagraph (E), by striking ‘‘and’’ at 

12 the end; 

13 (2) in subparagraph (F), by striking the period 

14 and inserting a semicolon; and 

15 (3) by adding at the end the following the fol16 lowing new subparagraphs: 

17 ‘‘(G) in carrying out this subsection, have the 

18 authority— 

19 ‘‘(i) to direct the development, deployment, 

20 and utilization of systems of common concern 

21 for elements of the intelligence community, or 

22 that support the activities of such elements, re23 lated to the collection, processing, analysis, ex24 ploitation, and dissemination of intelligence in25 formation; and 


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1 ‘‘(ii) without regard to any provision of law 

2 relating to the transfer, reprogramming, obliga3 tion, or expenditure of funds, other than the 

4 provisions of this Act and the National Security 

5 Intelligence Reform Act of 2004 (title I of Pub6 lic Law 108–458), to expend funds for purposes 

7 associated with the development, deployment, 

8 and utilization of such systems, which funds 

9 may be received and utilized by any depart10 ment, agency, or other element of the United 

11 States Government for such purposes; and 

12 ‘‘(H) for purposes of addressing critical gaps in 

13 intelligence information sharing or access capabili14 ties, have the authority to transfer funds appro15 priated for a program within the National Intel16 ligence Program to a program funded by appropria17 tions not within the National Intelligence Program, 

18 consistent with paragraphs (3) through (7) of sub19 section (d).’’. 

20 SEC. 2402. MODIFICATION OF LIMITATION ON DELEGATION 

21 BY THE DIRECTOR OF NATIONAL INTEL22 LIGENCE OF THE PROTECTION OF INTEL23 LIGENCE SOURCES AND METHODS. 

24 Section 102A(i)(3) of the National Security Act of 

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1 fore the period the following: ‘‘, any Deputy Director of 

2 National Intelligence, or the Chief Information Officer of 

3 the Intelligence Community’’. 

4 SEC. 2403. AUTHORITY OF THE DIRECTOR OF NATIONAL IN5 TELLIGENCE TO MANAGE ACCESS TO HUMAN 

6 INTELLIGENCE INFORMATION. 

7 Section 102A(b) of the National Security Act of 1947 

8 (50 U.S.C. 403–1(b)) is amended— 

9 (1) by inserting ‘‘(1)’’ before ‘‘Unless’’; and 

10 (2) by adding at the end the following new 

11 paragraph: 

12 ‘‘(2) The Director of National Intelligence shall— 

13 ‘‘(A) have access to all national intelligence, in14 cluding intelligence reports, operational data, and 

15 other associated information, concerning the human 

16 intelligence operations of any element of the intel17 ligence community authorized to undertake such col18 lection; 

19 ‘‘(B) consistent with the protection of intel20 ligence sources and methods and applicable require21 ments in Executive Order 12333 (or any successor 

22 order) regarding the retention and dissemination of 

23 information concerning United States persons, en24 sure maximum access to the intelligence information 

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1 graph (A) throughout the intelligence community; 

2 and 

3 ‘‘(C) consistent with subparagraph (B), provide 

4 within the Office of the Director of National Intel5 ligence a mechanism for intelligence community ana6 lysts and other officers with appropriate clearances 

7 and an official need-to-know to gain access to infor8 mation referred to in subparagraph (A) or (B) when 

9 relevant to their official responsibilities.’’. 

10 SEC. 2404. ADDITIONAL ADMINISTRATIVE AUTHORITY OF 

11 THE DIRECTOR OF NATIONAL INTEL12 LIGENCE. 

13 Section 102A of the National Security Act of 1947 

14 (50 U.S.C. 403–1) is amended by adding at the end the 

15 following new subsection: 

16 ‘‘(s) ADDITIONAL ADMINISTRATIVE AUTHORITIES.— 

17 (1) Notwithstanding section 1532 of title 31, United 

18 States Code, or any other provision of law prohibiting the 

19 interagency financing of activities described in clause (i) 

20 or (ii) of subparagraph (A), in the performance of the re21 sponsibilities, authorities, and duties of the Director of 

22 National Intelligence or the Office of the Director of Na23 tional Intelligence— 

24 ‘‘(A) the Director may authorize the use of 

25 interagency financing for— 


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1 ‘‘(i) national intelligence centers estab2 lished by the Director under section 119B; and 

3 ‘‘(ii) boards, commissions, councils, com4 mittees, and similar groups established by the 

5 Director; and 

6 ‘‘(B) upon the authorization of the Director, 

7 any department, agency, or element of the United 

8 States Government, including any element of the in9 telligence community, may fund or participate in the 

10 funding of such activities. 

11 ‘‘(2) No provision of law enacted after the date of 

12 the enactment of this subsection shall be deemed to limit 

13 or supersede the authority in paragraph (1) unless such 

14 provision makes specific reference to the authority in that 

15 paragraph.’’. 

16 SEC. 2405. CLARIFICATION OF LIMITATION ON CO-LOCA17 TION OF THE OFFICE OF THE DIRECTOR OF 

18 NATIONAL INTELLIGENCE. 

19 Section 103(e) of the National Security Act of 1947 

20 (50 U.S.C. 403–3(e)) is amended— 

21 (1) by striking ‘‘WITH’’ and inserting ‘‘OF

22 HEADQUARTERS WITH HEADQUARTERS OF’’; 

23 (2) by inserting ‘‘the headquarters of’’ before 

24 ‘‘the Office’’; and 


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1 (3) by striking ‘‘any other element’’ and insert2 ing ‘‘the headquarters of any other element’’. 

3 SEC. 2406. ADDITIONAL DUTIES OF THE DIRECTOR OF 

4 SCIENCE AND TECHNOLOGY OF THE OFFICE 

5 OF THE DIRECTOR OF NATIONAL INTEL6 LIGENCE. 

7 (a) COORDINATION AND PRIORITIZATION OF RE8 SEARCH CONDUCTED BY ELEMENTS OF INTELLIGENCE

9 COMMUNITY.—Subsection (d) of section 103E of the Na10 tional Security Act of 1947 (50 U.S.C. 403–3e) is amend11 ed— 

12 (1) in paragraph (3)(A), by inserting ‘‘and 

13 prioritize’’ after ‘‘coordinate’’; and 

14 (2) by adding at the end the following new 

15 paragraph: 

16 ‘‘(4) In carrying out paragraph (3)(A), the Com17 mittee shall identify basic, advanced, and applied research 

18 programs to be carried out by elements of the intelligence 

19 community.’’. 

20 (b) DEVELOPMENT OF TECHNOLOGY GOALS.—That 

21 section is further amended— 

22 (1) in subsection (c)— 

23 (A) in paragraph (4), by striking ‘‘and’’ at 

24 the end; 


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1 (B) by redesignating paragraph (5) as 

2 paragraph (8); and 

3 (C) by inserting after paragraph (4) the 

4 following new paragraphs: 

5 ‘‘(5) assist the Director in establishing goals for 

6 the elements of the intelligence community to meet 

7 the technology needs of the intelligence community; 

8 ‘‘(6) under the direction of the Director, estab9 lish engineering standards and specifications appli10 cable to each acquisition of a major system (as that 

11 term is defined in section 506A(e)(3)) by the intel12 ligence community; 

13 ‘‘(7) ensure that each acquisition program of 

14 the intelligence community for a major system (as so 

15 defined) complies with the standards and specifica16 tions established under paragraph (6); and’’; and 

17 (2) by adding at the end the following new sub18 section: 

19 ‘‘(e) GOALS FOR TECHNOLOGY NEEDS OF INTEL20 LIGENCE COMMUNITY.—In carrying out subsection (c)(5), 

21 the Director of Science and Technology shall— 

22 ‘‘(1) systematically identify and assess the most 

23 significant intelligence challenges that require tech24 nical solutions; 


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1 ‘‘(2) examine options to enhance the responsive2 ness of research and design programs of the ele3 ments of the intelligence community to meet the re4 quirements of the intelligence community for timely 

5 support; and 

6 ‘‘(3) assist the Director of National Intelligence 

7 in establishing research and development priorities 

8 and projects for the intelligence community that— 

9 ‘‘(A) are consistent with current or future 

10 national intelligence requirements; 

11 ‘‘(B) address deficiencies or gaps in the 

12 collection, processing, analysis, or dissemination 

13 of national intelligence; 

14 ‘‘(C) take into account funding constraints 

15 in program development and acquisition; and 

16 ‘‘(D) address system requirements from 

17 collection to final dissemination (also known as 

18 ‘end-to-end architecture’).’’. 

19 (c) REPORT.—(1) Not later than June 30, 2007, the 

20 Director of National Intelligence shall submit to Congress 

21 a report containing a strategy for the development and 

22 use of technology in the intelligence community through 

23 2021. 

24 (2) The report shall include— 


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1 (A) an assessment of the highest priority intel2 ligence gaps across the intelligence community that 

3 may be resolved by the use of technology; 

4 (B) goals for advanced research and develop5 ment and a strategy to achieve such goals; 

6 (C) an explanation of how each advanced re7 search and development project funded under the 

8 National Intelligence Program addresses an identi9 fied intelligence gap; 

10 (D) a list of all current and projected research 

11 and development projects by research type (basic, 

12 advanced, or applied) with estimated funding levels, 

13 estimated initiation dates, and estimated completion 

14 dates; and 

15 (E) a plan to incorporate technology from re16 search and development projects into National Intel17 ligence Program acquisition programs. 

18 (3) The report may be submitted in classified form. 

19 SEC. 2407. APPOINTMENT AND TITLE OF CHIEF INFORMA20 TION OFFICER OF THE INTELLIGENCE COM21 MUNITY. 

22 (a) APPOINTMENT.— 

23 (1) IN GENERAL.—Subsection (a) of section 

24 103G of the National Security Act of 1947 (50 

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1 dent, by and with the advice and consent of the Sen2 ate’’ and inserting ‘‘the Director of National Intel3 ligence’’. 

4 (2) APPLICABILITY.—The amendment made by 

5 paragraph (1) shall take effect on the date of the en6 actment of this Act, and shall apply with respect to 

7 any appointment of an individual as Chief Informa8 tion Officer of the Intelligence Community that is 

9 made on or after that date. 

10 (b) TITLE.—Such section is further amended— 

11 (1) in subsection (a), by inserting ‘‘of the Intel12 ligence Community’’ after ‘‘Chief Information Offi13 cer’’; 

14 (2) in subsection (b), by inserting ‘‘of the Intel15 ligence Community’’ after ‘‘Chief Information Offi16 cer’’; 

17 (3) in subsection (c), by inserting ‘‘of the Intel18 ligence Community’’ after ‘‘Chief Information Offi19 cer’’; and 

20 (4) in subsection (d), by inserting ‘‘of the Intel21 ligence Community’’ after ‘‘Chief Information Offi22 cer’’ the first place it appears. 


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1 SEC. 2408. INSPECTOR GENERAL OF THE INTELLIGENCE 

2 COMMUNITY. 

3 (a) ESTABLISHMENT.—(1) Title I of the National Se4 curity Act of 1947 (50 U.S.C. 402 et seq.) is amended 

5 by inserting after section 103G the following new section: 

6 ‘‘INSPECTOR GENERAL OF THE INTELLIGENCE

7 COMMUNITY

8 ‘‘SEC. 103H. (a) OFFICE OF INSPECTOR GENERAL

9 OF INTELLIGENCE COMMUNITY.—There is within the Of10 fice of the Director of National Intelligence an Office of 

11 the Inspector General of the Intelligence Community. 

12 ‘‘(b) PURPOSE.—The purpose of the Office of the In13 spector General of the Intelligence Community is to— 

14 ‘‘(1) create an objective and effective office, ap15 propriately accountable to Congress, to initiate and 

16 conduct independently investigations, inspections, 

17 and audits relating to— 

18 ‘‘(A) the programs and operations of the 

19 intelligence community; 

20 ‘‘(B) the elements of the intelligence com21 munity within the National Intelligence Pro22 gram; and 

23 ‘‘(C) the relationships between the ele24 ments of the intelligence community within the 

25 National Intelligence Program and the other 

26 elements of the intelligence community; 


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1 ‘‘(2) recommend policies designed— 

2 ‘‘(A) to promote economy, efficiency, and 

3 effectiveness in the administration and imple4 mentation of such programs and operations, 

5 and in such relationships; and 

6 ‘‘(B) to prevent and detect fraud and 

7 abuse in such programs, operations, and rela8 tionships; 

9 ‘‘(3) provide a means for keeping the Director 

10 of National Intelligence fully and currently informed 

11 about— 

12 ‘‘(A) problems and deficiencies relating to 

13 the administration and implementation of such 

14 programs and operations, and to such relation15 ships; and 

16 ‘‘(B) the necessity for, and the progress of, 

17 corrective actions; and 

18 ‘‘(4) in the manner prescribed by this section, 

19 ensure that the congressional intelligence committees 

20 are kept similarly informed of— 

21 ‘‘(A) significant problems and deficiencies 

22 relating to the administration and implementa23 tion of such programs and operations, and to 

24 such relationships; and 


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1 ‘‘(B) the necessity for, and the progress of, 

2 corrective actions. 

3 ‘‘(c) INSPECTOR GENERAL OF INTELLIGENCE COM4 MUNITY.—(1) There is an Inspector General of the Intel5 ligence Community, who shall be the head of the Office 

6 of the Inspector General of the Intelligence Community, 

7 who shall be appointed by the President, by and with the 

8 advice and consent of the Senate. 

9 ‘‘(2) The nomination of an individual for appointment 

10 as Inspector General shall be made— 

11 ‘‘(A) without regard to political affiliation; 

12 ‘‘(B) solely on the basis of integrity, compliance 

13 with the security standards of the intelligence com14 munity, and prior experience in the field of intel15 ligence or national security; and 

16 ‘‘(C) on the basis of demonstrated ability in ac17 counting, financial analysis, law, management anal18 ysis, public administration, or auditing. 

19 ‘‘(3) The Inspector General shall report directly to 

20 and be under the general supervision of the Director of 

21 National Intelligence. 

22 ‘‘(4) The Inspector General may be removed from of23 fice only by the President. The President shall imme24 diately communicate in writing to the congressional intelVerDate Aug 31 2005 00:17 Sep 14, 2006 Jkt 049200 PO 00000 Frm 00329 Fmt 6652 Sfmt 6201 E:\BILLS\S3875.PCS S3875

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1 ligence committees the reasons for the removal of any indi2 vidual from the position of Inspector General. 

3 ‘‘(d) DUTIES AND RESPONSIBILITIES.—Subject to 

4 subsections (g) and (h), it shall be the duty and responsi5 bility of the Inspector General of the Intelligence Commu6 nity— 

7 ‘‘(1) to provide policy direction for, and to plan, 

8 conduct, supervise, and coordinate independently, 

9 the investigations, inspections, and audits relating to 

10 the programs and operations of the intelligence com11 munity, the elements of the intelligence community 

12 within the National Intelligence Program, and the 

13 relationships between the elements of the intelligence 

14 community within the National Intelligence Program 

15 and the other elements of the intelligence community 

16 to ensure they are conducted efficiently and in ac17 cordance with applicable law and regulations; 

18 ‘‘(2) to keep the Director of National Intel19 ligence fully and currently informed concerning vio20 lations of law and regulations, violations of civil lib21 erties and privacy, and fraud and other serious prob22 lems, abuses, and deficiencies that may occur in 

23 such programs and operations, and in such relation24 ships, and to report the progress made in imple25 menting corrective action; 


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1 ‘‘(3) to take due regard for the protection of in2 telligence sources and methods in the preparation of 

3 all reports issued by the Inspector General, and, to 

4 the extent consistent with the purpose and objective 

5 of such reports, take such measures as may be ap6 propriate to minimize the disclosure of intelligence 

7 sources and methods described in such reports; and 

8 ‘‘(4) in the execution of the duties and respon9 sibilities under this section, to comply with generally 

10 accepted government auditing standards. 

11 ‘‘(e) LIMITATIONS ON ACTIVITIES.—(1) The Director 

12 of National Intelligence may prohibit the Inspector Gen13 eral of the Intelligence Community from initiating, car14 rying out, or completing any investigation, inspection, or 

15 audit if the Director determines that such prohibition is 

16 necessary to protect vital national security interests of the 

17 United States. 

18 ‘‘(2) If the Director exercises the authority under 

19 paragraph (1), the Director shall submit an appropriately 

20 classified statement of the reasons for the exercise of such 

21 authority within 7 days to the congressional intelligence 

22 committees. 

23 ‘‘(3) The Director shall advise the Inspector General 

24 at the time a report under paragraph (2) is submitted, 

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1 ligence sources and methods, provide the Inspector Gen2 eral with a copy of such report. 

3 ‘‘(4) The Inspector General may submit to the con4 gressional intelligence committees any comments on a re5 port of which the Inspector General has notice under para6 graph (3) that the Inspector General considers appro7 priate. 

8 ‘‘(f) AUTHORITIES.—(1) The Inspector General of 

9 the Intelligence Community shall have direct and prompt 

10 access to the Director of National Intelligence when nec11 essary for any purpose pertaining to the performance of 

12 the duties of the Inspector General. 

13 ‘‘(2)(A) The Inspector General shall have access to 

14 any employee, or any employee of a contractor, of any ele15 ment of the intelligence community whose testimony is 

16 needed for the performance of the duties of the Inspector 

17 General. 

18 ‘‘(B) The Inspector General shall have direct access 

19 to all records, reports, audits, reviews, documents, papers, 

20 recommendations, or other material which relate to the 

21 programs and operations with respect to which the Inspec22 tor General has responsibilities under this section. 

23 ‘‘(C) The level of classification or compartmentation 

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1 cient rationale for denying the Inspector General access 

2 to any materials under subparagraph (B). 

3 ‘‘(D) Failure on the part of any employee, or any em4 ployee of a contractor, of any element of the intelligence 

5 community to cooperate with the Inspector General shall 

6 be grounds for appropriate administrative actions by the 

7 Director or, on the recommendation of the Director, other 

8 appropriate officials of the intelligence community, includ9 ing loss of employment or the termination of an existing 

10 contractual relationship. 

11 ‘‘(3) The Inspector General is authorized to receive 

12 and investigate complaints or information from any person 

13 concerning the existence of an activity constituting a viola14 tion of laws, rules, or regulations, or mismanagement, 

15 gross waste of funds, abuse of authority, or a substantial 

16 and specific danger to the public health and safety. Once 

17 such complaint or information has been received from an 

18 employee of the Federal Government— 

19 ‘‘(A) the Inspector General shall not disclose 

20 the identity of the employee without the consent of 

21 the employee, unless the Inspector General deter22 mines that such disclosure is unavoidable during the 

23 course of the investigation or the disclosure is made 

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1 sible for determining whether a prosecution should 

2 be undertaken; and 

3 ‘‘(B) no action constituting a reprisal, or threat 

4 of reprisal, for making such complaint may be taken 

5 by any employee in a position to take such actions, 

6 unless the complaint was made or the information 

7 was disclosed with the knowledge that it was false 

8 or with willful disregard for its truth or falsity. 

9 ‘‘(4) The Inspector General shall have authority to 

10 administer to or take from any person an oath, affirma11 tion, or affidavit, whenever necessary in the performance 

12 of the duties of the Inspector General, which oath, affir13 mation, or affidavit when administered or taken by or be14 fore an employee of the Office of the Inspector General 

15 of the Intelligence Community designated by the Inspector 

16 General shall have the same force and effect as if adminis17 tered or taken by or before an officer having a seal. 

18 ‘‘(5)(A) Except as provided in subparagraph (B), the 

19 Inspector General is authorized to require by subpoena the 

20 production of all information, documents, reports, an21 swers, records, accounts, papers, and other data and docu22 mentary evidence necessary in the performance of the du23 ties and responsibilities of the Inspector General. 

24 ‘‘(B) In the case of departments, agencies, and other 

25 elements of the United States Government, the Inspector 


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1 General shall obtain information, documents, reports, an2 swers, records, accounts, papers, and other data and evi3 dence for the purpose specified in subparagraph (A) using 

4 procedures other than by subpoenas. 

5 ‘‘(C) The Inspector General may not issue a subpoena 

6 for or on behalf of any other element of the intelligence 

7 community, including the Office of the Director of Na8 tional Intelligence. 

9 ‘‘(D) In the case of contumacy or refusal to obey a 

10 subpoena issued under this paragraph, the subpoena shall 

11 be enforceable by order of any appropriate district court 

12 of the United States. 

13 ‘‘(g) COORDINATION AMONG INSPECTORS GENERAL

14 OF INTELLIGENCE COMMUNITY.—(1) In the event of a 

15 matter within the jurisdiction of the Inspector General of 

16 the Intelligence Community that may be subject to an in17 vestigation, inspection, or audit by both the Inspector 

18 General of the Intelligence Community and an Inspector 

19 General, whether statutory or administrative, with over20 sight responsibility for an element or elements of the intel21 ligence community, the Inspector General of the Intel22 ligence Community and such other Inspector or Inspectors 

23 General shall expeditiously resolve which Inspector Gen24 eral shall conduct such investigation, inspection, or audit. 


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1 ‘‘(2) The Inspector General conducting an investiga2 tion, inspection, or audit covered by paragraph (1) shall 

3 submit the results of such investigation, inspection, or 

4 audit to any other Inspector General, including the Inspec5 tor General of the Intelligence Community, with jurisdic6 tion to conduct such investigation, inspection, or audit 

7 who did not conduct such investigation, inspection, or 

8 audit. 

9 ‘‘(3)(A) If an investigation, inspection, or audit cov10 ered by paragraph (1) is conducted by an Inspector Gen11 eral other than the Inspector General of the Intelligence 

12 Community, the Inspector General of the Intelligence 

13 Community may, upon completion of such investigation, 

14 inspection, or audit by such other Inspector General, con15 duct under this section a separate investigation, inspec16 tion, or audit of the matter concerned if the Inspector 

17 General of the Intelligence Community determines that 

18 such initial investigation, inspection, or audit was deficient 

19 in some manner or that further investigation, inspection, 

20 or audit is required. 

21 ‘‘(B) This paragraph shall not apply to the Inspector 

22 General of the Department of Defense or to any other In23 spector General within the Department of Defense. 

24 ‘‘(h) STAFF AND OTHER SUPPORT.—(1) The Inspec25 tor General of the Intelligence Community shall be proVerDate Aug 31 2005 00:17 Sep 14, 2006 Jkt 049200 PO 00000 Frm 00336 Fmt 6652 Sfmt 6201 E:\BILLS\S3875.PCS S3875

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1 vided with appropriate and adequate office space at cen2 tral and field office locations, together with such equip3 ment, office supplies, maintenance services, and commu4 nications facilities and services as may be necessary for 

5 the operation of such offices. 

6 ‘‘(2)(A) Subject to applicable law and the policies of 

7 the Director of National Intelligence, the Inspector Gen8 eral shall select, appoint, and employ such officers and em9 ployees as may be necessary to carry out the functions 

10 of the Inspector General. The Inspector General shall en11 sure that any officer or employee so selected, appointed, 

12 or employed has security clearances appropriate for the 

13 assigned duties of such officer or employee. 

14 ‘‘(B) In making selections under subparagraph (A), 

15 the Inspector General shall ensure that such officers and 

16 employees have the requisite training and experience to 

17 enable the Inspector General to carry out the duties of 

18 the Inspector General effectively. 

19 ‘‘(C) In meeting the requirements of this paragraph, 

20 the Inspector General shall create within the Office of the 

21 Inspector General of the Intelligence Community a career 

22 cadre of sufficient size to provide appropriate continuity 

23 and objectivity needed for the effective performance of the 

24 duties of the Inspector General. 


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1 ‘‘(3)(A) Subject to the concurrence of the Director, 

2 the Inspector General may request such information or as3 sistance as may be necessary for carrying out the duties 

4 and responsibilities of the Inspector General from any de5 partment, agency, or other element of the United States 

6 Government. 

7 ‘‘(B) Upon request of the Inspector General for infor8 mation or assistance under subparagraph (A), the head 

9 of the department, agency, or element concerned shall, in10 sofar as is practicable and not in contravention of any ex11 isting statutory restriction or regulation of the depart12 ment, agency, or element, furnish to the Inspector Gen13 eral, or to an authorized designee, such information or as14 sistance. 

15 ‘‘(C) The Inspector General of the Intelligence Com16 munity may, upon reasonable notice to the head of any 

17 element of the intelligence community, conduct, as author18 ized by this section, an investigation, inspection, or audit 

19 of such element and may enter into any place occupied 

20 by such element for purposes of the performance of the 

21 duties of the Inspector General. 

22 ‘‘(i) REPORTS.—(1)(A) The Inspector General of the 

23 Intelligence Community shall, not later than January 31 

24 and July 31 of each year, prepare and submit to the Di25 rector of National Intelligence a classified, and, as approVerDate Aug 31 2005 00:17 Sep 14, 2006 Jkt 049200 PO 00000 Frm 00338 Fmt 6652 Sfmt 6201 E:\BILLS\S3875.PCS S3875

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1 priate, unclassified semiannual report summarizing the ac2 tivities of the Office of the Inspector General of the Intel3 ligence Community during the immediately preceding 6- 

4 month periods ending December 31 (of the preceding 

5 year) and June 30, respectively. 

6 ‘‘(B) Each report under this paragraph shall include, 

7 at a minimum, the following: 

8 ‘‘(i) A list of the title or subject of each inves9 tigation, inspection, or audit conducted during the 

10 period covered by such report, including a summary 

11 of the progress of each particular investigation, in12 spection, or audit since the preceding report of the 

13 Inspector General under this paragraph. 

14 ‘‘(ii) A description of significant problems, 

15 abuses, and deficiencies relating to the administra16 tion and implementation of programs and operations 

17 of the intelligence community, and in the relation18 ships between elements of the intelligence commu19 nity, identified by the Inspector General during the 

20 period covered by such report. 

21 ‘‘(iii) A description of the recommendations for 

22 corrective or disciplinary action made by the Inspec23 tor General during the period covered by such report 

24 with respect to significant problems, abuses, or defi25 ciencies identified in clause (ii). 


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1 ‘‘(iv) A statement whether or not corrective or 

2 disciplinary action has been completed on each sig3 nificant recommendation described in previous semi4 annual reports, and, in a case where corrective ac5 tion has been completed, a description of such cor6 rective action. 

7 ‘‘(v) A certification whether or not the Inspec8 tor General has had full and direct access to all in9 formation relevant to the performance of the func10 tions of the Inspector General. 

11 ‘‘(vi) A description of the exercise of the sub12 poena authority under subsection (f)(5) by the In13 spector General during the period covered by such 

14 report. 

15 ‘‘(vii) Such recommendations as the Inspector 

16 General considers appropriate for legislation to pro17 mote economy, efficiency, and effectiveness in the 

18 administration and implementation of programs and 

19 operations undertaken by the intelligence commu20 nity, and in the relationships between elements of 

21 the intelligence community, and to detect and elimi22 nate fraud and abuse in such programs and oper23 ations and in such relationships. 

24 ‘‘(C) Not later than the 30 days after the date of 

25 receipt of a report under subparagraph (A), the Director 


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1 shall transmit the report to the congressional intelligence 

2 committees together with any comments the Director con3 siders appropriate. 

4 ‘‘(2)(A) The Inspector General shall report imme5 diately to the Director whenever the Inspector General be6 comes aware of particularly serious or flagrant problems, 

7 abuses, or deficiencies relating to the administration and 

8 implementation of programs or operations of the intel9 ligence community or in the relationships between ele10 ments of the intelligence community. 

11 ‘‘(B) The Director shall transmit to the congressional 

12 intelligence committees each report under subparagraph 

13 (A) within seven calendar days of receipt of such report, 

14 together with such comments as the Director considers ap15 propriate. 

16 ‘‘(3) In the event that— 

17 ‘‘(A) the Inspector General is unable to resolve 

18 any differences with the Director affecting the exe19 cution of the duties or responsibilities of the Inspec20 tor General; 

21 ‘‘(B) an investigation, inspection, or audit car22 ried out by the Inspector General focuses on any 

23 current or former intelligence community official 

24 who— 


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1 ‘‘(i) holds or held a position in an element 

2 of the intelligence community that is subject to 

3 appointment by the President, whether or not 

4 by and with the advice and consent of the Sen5 ate, including such a position held on an acting 

6 basis; 

7 ‘‘(ii) holds or held a position in an element 

8 of the intelligence community, including a posi9 tion held on an acting basis, that is appointed 

10 by the Director of National Intelligence; or 

11 ‘‘(iii) holds or held a position as head of an 

12 element of the intelligence community or a posi13 tion covered by subsection (b) or (c) of section 

14 106; 

15 ‘‘(C) a matter requires a report by the Inspec16 tor General to the Department of Justice on possible 

17 criminal conduct by a current or former official de18 scribed in subparagraph (B); 

19 ‘‘(D) the Inspector General receives notice from 

20 the Department of Justice declining or approving 

21 prosecution of possible criminal conduct of any cur22 rent or former official described in subparagraph 

23 (B); or 

24 ‘‘(E) the Inspector General, after exhausting all 

25 possible alternatives, is unable to obtain significant 


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1 documentary information in the course of an inves2 tigation, inspection, or audit, 

3 the Inspector General shall immediately notify and submit 

4 a report on such matter to the congressional intelligence 

5 committees. 

6 ‘‘(4) Pursuant to title V, the Director shall submit 

7 to the congressional intelligence committees any report or 

8 findings and recommendations of an investigation, inspec9 tion, or audit conducted by the office which has been re10 quested by the Chairman or Vice Chairman or Ranking 

11 Minority Member of either committee. 

12 ‘‘(5)(A) An employee of an element of the intelligence 

13 community, an employee assigned or detailed to an ele14 ment of the intelligence community, or an employee of a 

15 contractor to the intelligence community who intends to 

16 report to Congress a complaint or information with respect 

17 to an urgent concern may report such complaint or infor18 mation to the Inspector General. 

19 ‘‘(B) Not later than the end of the 14-calendar day 

20 period beginning on the date of receipt from an employee 

21 of a complaint or information under subparagraph (A), 

22 the Inspector General shall determine whether the com23 plaint or information appears credible. Upon making such 

24 a determination, the Inspector General shall transmit to 


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1 the Director a notice of that determination, together with 

2 the complaint or information. 

3 ‘‘(C) Upon receipt of a transmittal from the Inspector 

4 General under subparagraph (B), the Director shall, with5 in seven calendar days of such receipt, forward such trans6 mittal to the congressional intelligence committees, to7 gether with any comments the Director considers appro8 priate. 

9 ‘‘(D)(i) If the Inspector General does not find cred10 ible under subparagraph (B) a complaint or information 

11 submitted under subparagraph (A), or does not transmit 

12 the complaint or information to the Director in accurate 

13 form under subparagraph (B), the employee (subject to 

14 clause (ii)) may submit the complaint or information to 

15 Congress by contacting either or both of the congressional 

16 intelligence committees directly. 

17 ‘‘(ii) An employee may contact the intelligence com18 mittees directly as described in clause (i) only if the em19 ployee— 

20 ‘‘(I) before making such a contact, furnishes to 

21 the Director, through the Inspector General, a state22 ment of the employee’s complaint or information and 

23 notice of the employee’s intent to contact the con24 gressional intelligence committees directly; and 


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1 ‘‘(II) obtains and follows from the Director, 

2 through the Inspector General, direction on how to 

3 contact the intelligence committees in accordance 

4 with appropriate security practices. 

5 ‘‘(iii) A member or employee of one of the congres6 sional intelligence committees who receives a complaint or 

7 information under clause (i) does so in that member or 

8 employee’s official capacity as a member or employee of 

9 such committee. 

10 ‘‘(E) The Inspector General shall notify an employee 

11 who reports a complaint or information to the Inspector 

12 General under this paragraph of each action taken under 

13 this paragraph with respect to the complaint or informa14 tion. Such notice shall be provided not later than 3 days 

15 after any such action is taken. 

16 ‘‘(F) An action taken by the Director or the Inspector 

17 General under this paragraph shall not be subject to judi18 cial review. 

19 ‘‘(G) In this paragraph, the term ‘urgent concern’ 

20 means any of the following: 

21 ‘‘(i) A serious or flagrant problem, abuse, viola22 tion of law or Executive order, or deficiency relating 

23 to the funding, administration, or operations of an 

24 intelligence activity involving classified information, 


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1 but does not include differences of opinions con2 cerning public policy matters. 

3 ‘‘(ii) A false statement to Congress, or a willful 

4 withholding from Congress, on an issue of material 

5 fact relating to the funding, administration, or oper6 ation of an intelligence activity. 

7 ‘‘(iii) An action, including a personnel action 

8 described in section 2302(a)(2)(A) of title 5, United 

9 States Code, constituting reprisal or threat of re10 prisal prohibited under subsection (f)(3)(B) of this 

11 section in response to an employee’s reporting an ur12 gent concern in accordance with this paragraph. 

13 ‘‘(H) In support of this paragraph, Congress makes 

14 the findings set forth in paragraphs (1) through (6) of 

15 section 701(b) of the Intelligence Community Whistle16 blower Protection Act of 1998 (title VII of Public Law 

17 105–272; 5 U.S.C. App. 8H note). 

18 ‘‘(6) In accordance with section 535 of title 28, 

19 United States Code, the Inspector General shall report to 

20 the Attorney General any information, allegation, or com21 plaint received by the Inspector General relating to viola22 tions of Federal criminal law that involves a program or 

23 operation of an element of the intelligence community, or 

24 in the relationships between the elements of the intel25 ligence community, consistent with such guidelines as may 


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1 be issued by the Attorney General pursuant to subsection 

2 (b)(2) of such section. A copy of each such report shall 

3 be furnished to the Director. 

4 ‘‘(j) SEPARATE BUDGET ACCOUNT.—The Director of 

5 National Intelligence shall, in accordance with procedures 

6 to be issued by the Director in consultation with the con7 gressional intelligence committees, include in the National 

8 Intelligence Program budget a separate account for the 

9 Office of Inspector General of the Intelligence Community. 

10 ‘‘(k) CONSTRUCTION OF DUTIES REGARDING ELE11 MENTS OF INTELLIGENCE COMMUNITY.—Except as re12 solved pursuant to subsection (g), the performance by the 

13 Inspector General of the Intelligence Community of any 

14 duty, responsibility, or function regarding an element of 

15 the intelligence community shall not be construed to mod16 ify or effect the duties and responsibilities of any other 

17 Inspector General, whether statutory or administrative, 

18 having duties and responsibilities relating to such ele19 ment.’’. 

20 (2) The table of contents in the first section of the 

21 National Security Act of 1947 is amended by inserting 

22 after the item relating to section 103G the following new 

23 item: 

‘‘Sec. 103H. Inspector General of the Intelligence Community.’’. 


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1 (b) REPEAL OF SUPERSEDED AUTHORITY TO ES2 TABLISH POSITION.—Section 8K of the Inspector General 

3 Act of 1978 (5 U.S.C. App.) is repealed. 

4 (c) EXECUTIVE SCHEDULE LEVEL IV.—Section 

5 5314 of title 5, United States Code, is amended by adding 

6 at the end the following new item: 

7 ‘‘Inspector General of the Intelligence Commu8 nity.’’. 

9 SEC. 2409. LEADERSHIP AND LOCATION OF CERTAIN OF10 FICES AND OFFICIALS. 

11 (a) NATIONAL COUNTER PROLIFERATION CEN12 TER.—Section 119A(a) of the National Security Act of 

13 1947 (50 U.S.C. 404o–1(a)) is amended— 

14 (1) by striking ‘‘(a) ESTABLISHMENT.—’’ and 

15 inserting the following: 

16 ‘‘(a) IN GENERAL.— 

17 ‘‘(1) ESTABLISHMENT.—The’’; and 

18 (2) by adding at the end the following new 

19 paragraphs: 

20 ‘‘(2) DIRECTOR.—The head of the National 

21 Counter Proliferation Center shall be the Director of 

22 the National Counter Proliferation Center, who shall 

23 be appointed by the Director of National Intel24 ligence. 


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1 ‘‘(3) LOCATION.—The National Counter Pro2 liferation Center shall be located within the Office of 

3 the Director of National Intelligence.’’. 

4 (b) OFFICERS.—Section 103(c) of that Act (50 

5 U.S.C. 403–3(c)) is amended— 

6 (1) by redesignating paragraph (9) as para7 graph (13); and 

8 (2) by inserting after paragraph (8) the fol9 lowing new paragraphs: 

10 ‘‘(9) The Chief Information Officer of the Intel11 ligence Community. 

12 ‘‘(10) The Inspector General of the Intelligence 

13 Community. 

14 ‘‘(11) The Director of the National 

15 Counterterrorism Center. 

16 ‘‘(12) The Director of the National Counter 

17 Proliferation Center.’’. 

18 SEC. 2410. NATIONAL SPACE INTELLIGENCE CENTER. 

19 (a) ESTABLISHMENT.— 

20 (1) IN GENERAL.—Title I of the National Secu21 rity Act of 1947 (50 U.S.C. 401 et seq.) is amended 

22 by adding after section 119B the following new sec23 tion: 


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1 ‘‘NATIONAL SPACE INTELLIGENCE CENTER

2 ‘‘SEC. 119C. (a) ESTABLISHMENT.—There is estab3 lished within the Office of the Director of National Intel4 ligence a National Space Intelligence Center. 

5 ‘‘(b) DIRECTOR OF NATIONAL SPACE INTELLIGENCE

6 CENTER.—The National Intelligence Officer for Science 

7 and Technology, or a successor position designated by the 

8 Director of National Intelligence, shall act as the Director 

9 of the National Space Intelligence Center. 

10 ‘‘(c) MISSIONS.—The National Space Intelligence 

11 Center shall have the following missions: 

12 ‘‘(1) To coordinate and provide policy direction 

13 for the management of space-related intelligence as14 sets. 

15 ‘‘(2) To prioritize collection activities consistent 

16 with the National Intelligence Collection Priorities 

17 framework, or a successor framework or other docu18 ment designated by the Director of National Intel19 ligence. 

20 ‘‘(3) To provide policy direction for programs 

21 designed to ensure a sufficient cadre of government 

22 and nongovernment personnel in fields relating to 

23 space intelligence, including programs to support 

24 education, recruitment, hiring, training, and reten25 tion of qualified personnel. 


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1 ‘‘(4) To evaluate independent analytic assess2 ments of threats to classified United States space in3 telligence systems throughout all phases of the devel4 opment, acquisition, and operation of such systems. 

5 ‘‘(d) ACCESS TO INFORMATION.—The Director of 

6 National Intelligence shall ensure that the National Space 

7 Intelligence Center has access to all national intelligence 

8 information (as appropriate), and such other information 

9 (as appropriate and practical), necessary for the Center 

10 to carry out the missions of the Center under subsection 

11 (c). 

12 ‘‘(e) SEPARATE BUDGET ACCOUNT.—The Director of 

13 National Intelligence shall include in the National Intel14 ligence Program budget a separate line item for the Na15 tional Space Intelligence Center.’’. 

16 (2) CLERICAL AMENDMENT.—The table of con17 tents for that Act is amended by inserting after the 

18 item relating to section 119B the following new 

19 item: 

‘‘Sec. 119C. National Space Intelligence Center.’’. 

20 (b) REPORT ON ORGANIZATION OF CENTER.— 

21 (1) REPORT REQUIRED.—Not later than 180 

22 days after the date of the enactment of this Act, the 

23 Director of the National Space Intelligence Center 

24 shall submit to the Select Committee on Intelligence 

25 of the Senate and the Permanent Select Committee 


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1 on Intelligence of the House of Representatives a re2 port on the organizational structure of the National 

3 Space Intelligence Center established by section 

4 119C of the National Security Act of 1947 (as 

5 added by subsection (a)). 

6 (2) ELEMENTS.—The report required by para7 graph (1) shall include the following: 

8 (A) The proposed organizational structure 

9 of the National Space Intelligence Center. 

10 (B) An identification of key participants in 

11 the Center. 

12 (C) A strategic plan for the Center during 

13 the five-year period beginning on the date of 

14 the report. 

15 SEC. 2411. OPERATIONAL FILES IN THE OFFICE OF THE DI16 RECTOR OF NATIONAL INTELLIGENCE. 

17 (a) IN GENERAL.—Title VII of the National Security 

18 Act of 1947 (50 U.S.C. 431 et seq.) is amended by insert19 ing before section 701 the following new section: 

20 ‘‘OPERATIONAL FILES IN THE OFFICE OF THE DIRECTOR

21 OF NATIONAL INTELLIGENCE

22 ‘‘SEC. 700. (a) EXEMPTION OF CERTAIN FILES

23 FROM SEARCH, REVIEW, PUBLICATION, OR DISCLO24 SURE.—(1) Information and records described in para25 graph (2) shall be exempt from the provisions of section 

26 552 of title 5, United States Code, that require search, 


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1 review, publication, or disclosure in connection therewith 

2 when— 

3 ‘‘(A) such information or records are not dis4 seminated outside the Office of the Director of Na5 tional Intelligence; or 

6 ‘‘(B) such information or records are incor7 porated into new information or records created by 

8 personnel of the Office in a manner that identifies 

9 such new information or records as incorporating 

10 such information or records and such new informa11 tion or records are not disseminated outside the Of12 fice. 

13 ‘‘(2) Information and records described in this para14 graph are the following: 

15 ‘‘(A) Information disseminated or otherwise 

16 provided to an element of the Office of the Director 

17 of National Intelligence from the operational files of 

18 an element of the intelligence community that have 

19 been exempted from search, review, publication, or 

20 disclosure in accordance with this title or any other 

21 provision of law. 

22 ‘‘(B) Any information or records created by the 

23 Office that incorporate information described in sub24 paragraph (A). 


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1 ‘‘(3) An operational file of an element of the intel2 ligence community from which information described in 

3 paragraph (2)(A) is disseminated or provided to the Office 

4 of the Director of National Intelligence as described in 

5 that paragraph shall remain exempt from search, review, 

6 publication, or disclosure under section 552 of title 5, 

7 United States Code, to the extent the operational files 

8 from which such information was derived remain exempt 

9 from search, review, publication, or disclosure under sec10 tion 552 of such title. 

11 ‘‘(b) SEARCH AND REVIEW OF CERTAIN FILES.—In12 formation disseminated or otherwise provided to the Office 

13 of the Director of National Intelligence by another element 

14 of the intelligence community that is not exempt from 

15 search, review, publication, or disclosure under subsection 

16 (a), and that is authorized to be disseminated outside the 

17 Office, shall be subject to search and review under section 

18 552 of title 5, United States Code, but may remain exempt 

19 from publication and disclosure under such section by the 

20 element disseminating or providing such information to 

21 the Office to the extent authorized by such section. 

22 ‘‘(c) SEARCH AND REVIEW FOR CERTAIN PUR23 POSES.—Notwithstanding subsection (a), exempted oper24 ational files shall continue to be subject to search and re25 view for information concerning any of the following: 


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1 ‘‘(1) United States citizens or aliens lawfully 

2 admitted for permanent residence who have re3 quested information on themselves pursuant to the 

4 provisions of section 552 or 552a of title 5, United 

5 States Code. 

6 ‘‘(2) Any special activity the existence of which 

7 is not exempt from disclosure under the provisions 

8 of section 552 of title 5, United States Code. 

9 ‘‘(3) The specific subject matter of an investiga10 tion by any of the following for any impropriety, or 

11 violation of law, Executive order, or Presidential di12 rective, in the conduct of an intelligence activity: 

13 ‘‘(A) The Select Committee on Intelligence 

14 of the Senate. 

15 ‘‘(B) The Permanent Select Committee on 

16 Intelligence of the House of Representatives. 

17 ‘‘(C) The Intelligence Oversight Board. 

18 ‘‘(D) The Department of Justice. 

19 ‘‘(E) The Office of the Director of Na20 tional Intelligence. 

21 ‘‘(F) The Office of the Inspector General 

22 of the Intelligence Community.’’. 

23 (b) CLERICAL AMENDMENT.—The table of contents 

24 in the first section of that Act is amended by inserting 


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1 before the item relating to section 701 the following new 

2 item: 

‘‘Sec. 700. Operational files in the Office of the Director of National Intelligence.’’. 

3 SEC. 2412. ELIGIBILITY FOR INCENTIVE AWARDS OF PER4 SONNEL ASSIGNED TO THE OFFICE OF THE 

5 DIRECTOR OF NATIONAL INTELLIGENCE. 

6 (a) IN GENERAL.—Subsection (a) of section 402 of 

7 the Intelligence Authorization Act for Fiscal Year 1984 

8 (50 U.S.C. 403e–1) is amended to read as follows: 

9 ‘‘(a) AUTHORITY FOR PAYMENT OF AWARDS.—(1) 

10 The Director of National Intelligence may exercise the au11 thority granted in section 4503 of title 5, United States 

12 Code, with respect to Federal employees and members of 

13 the Armed Forces detailed or assigned to the Office of 

14 the Director of National Intelligence in the same manner 

15 as such authority may be exercised with respect to per16 sonnel of the Office. 

17 ‘‘(2) The Director of the Central Intelligence Agency 

18 may exercise the authority granted in section 4503 of title 

19 5, United States Code, with respect to Federal employees 

20 and members of the Armed Forces detailed or assigned 

21 to the Central Intelligence Agency in the same manner as 

22 such authority may be exercised with respect to personnel 

23 of the Agency.’’. 


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1 (b) REPEAL OF OBSOLETE AUTHORITY.—That sec2 tion is further amended— 

3 (1) by striking subsection (c); and 

4 (2) by redesignating subsection (d) as sub5 section (c). 

6 (c) EXPEDITIOUS PAYMENT.—That section is further 

7 amended by adding at the end the following new sub8 section (d): 

9 ‘‘(d) EXPEDITIOUS PAYMENT.—Payment of an 

10 award under this authority in this section shall be made 

11 as expeditiously as is practicable after the making of the 

12 award.’’. 

13 (d) CONFORMING AMENDMENTS.—That section is 

14 further amended— 

15 (1) in subsection (b), by striking ‘‘to the Cen16 tral Intelligence Agency or to the Intelligence Com17 munity Staff’’ and inserting ‘‘to the Office of the Di18 rector of National Intelligence or to the Central In19 telligence Agency’’; and 

20 (2) in subsection (c), as redesignated by sub21 section (b)(2) of this section, by striking ‘‘Director 

22 of Central Intelligence’’ and inserting ‘‘Director of 

23 National Intelligence or Director of the Central In24 telligence Agency’’. 


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1 (e) TECHNICAL AND STYLISTIC AMENDMENTS.— 

2 That section is further amended— 

3 (1) in subsection (b)— 

4 (A) by inserting ‘‘PERSONNEL ELIGIBLE

5 FOR AWARDS.—’’after ‘‘(b)’’; 

6 (B) by striking ‘‘subsection (a) of this sec7 tion’’ and inserting ‘‘subsection (a)’’; and 

8 (C) by striking ‘‘a date five years before 

9 the date of enactment of this section’’ and in10 serting ‘‘December 9, 1978’’; and 

11 (2) in subsection (c), as so redesignated, by in12 serting ‘‘PAYMENT AND ACCEPTANCE OF

13 AWARDS.—’’ after ‘‘(c)’’. 

14 SEC. 2413. REPEAL OF CERTAIN AUTHORITIES RELATING 

15 TO THE OFFICE OF THE NATIONAL COUNTER16 INTELLIGENCE EXECUTIVE. 

17 (a) REPEAL OF CERTAIN AUTHORITIES.—Section 

18 904 of the Counterintelligence Enhancement Act of 2002 

19 (title IX of Public Law 107–306; 50 U.S.C. 402c) is 

20 amended— 

21 (1) by striking subsections (d), (g), (h), (i), and 

22 (j); and 

23 (2) by redesignating subsections (e), (f), (k), 

24 (l), and (m) as subsections (d), (e), (f), (g), and (h), 

25 respectively. 


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1 (b) CONFORMING AMENDMENTS.—That section is 

2 further amended— 

3 (1) in subsection (d), as redesignated by sub4 section (a)(2) of this section, by striking ‘‘subsection 

5 (f)’’ each place it appears in paragraphs (1) and (2) 

6 and inserting ‘‘subsection (e)’’; and 

7 (2) in subsection (e), as so redesignated— 

8 (A) in paragraph (1), by striking ‘‘sub9 section (e)(1)’’ and inserting ‘‘subsection 

10 (d)(1)’’; and 

11 (B) in paragraph (2), by striking ‘‘sub12 section (e)(2)’’ and inserting ‘‘subsection 

13 (d)(2)’’. 

14 SEC. 2414. INAPPLICABILITY OF FEDERAL ADVISORY COM15 MITTEE ACT TO ADVISORY COMMITTEES OF 

16 THE OFFICE OF THE DIRECTOR OF NATIONAL 

17 INTELLIGENCE. 

18 Section 4(b) of the Federal Advisory Committee Act 

19 (5 U.S.C. App.) is amended— 

20 (1) in paragraph (1), by striking ‘‘or’’; 

21 (2) in paragraph (2), by striking the period and 

22 inserting ‘‘; or’’; and 

23 (3) by adding at the end the following new 

24 paragraph: 


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1 ‘‘(3) the Office of the Director of National In2 telligence.’’. 

3 SEC. 2415. MEMBERSHIP OF THE DIRECTOR OF NATIONAL 

4 INTELLIGENCE ON THE TRANSPORTATION 

5 SECURITY OVERSIGHT BOARD. 

6 Subparagraph (F) of section 115(b)(1) of title 49, 

7 United States Code, is amended to read as follows: 

8 ‘‘(F) The Director of National Intelligence, 

9 or the Director’s designee.’’. 

10 SEC. 2416. APPLICABILITY OF THE PRIVACY ACT TO THE DI11 RECTOR OF NATIONAL INTELLIGENCE AND 

12 THE OFFICE OF THE DIRECTOR OF NATIONAL 

13 INTELLIGENCE. 

14 (a) AUTHORITY TO EXEMPT.—The Director of Na15 tional Intelligence may prescribe regulations to exempt 

16 any system of records within the Office of the Director 

17 of National Intelligence from the applicability of the provi18 sions of subsections (c)(3), (c)(4), and (d) of section 552a 

19 of title 5, United States Code. 

20 (b) PROMULGATION REQUIREMENTS.—In prescribing 

21 any regulations under subsection (a), the Director shall 

22 comply with the requirements (including general notice re23 quirements) of subsections (b), (c), and (e) of section 553 

24 of title 5, United States Code. 


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1 Subtitle B—Central Intelligence 

2 Agency 

3 SEC. 2421. DIRECTOR AND DEPUTY DIRECTOR OF THE CEN4 TRAL INTELLIGENCE AGENCY. 

5 (a) APPOINTMENT OF DIRECTOR OF CENTRAL IN6 TELLIGENCE AGENCY.—Subsection (a) of section 104A of 

7 the National Security Act of 1947 (50 U.S.C. 403–4a) is 

8 amended by inserting ‘‘from civilian life’’ after ‘‘who shall 

9 be appointed’’. 

10 (b) ESTABLISHMENT OF POSITION OF DEPUTY DI11 RECTOR OF CENTRAL INTELLIGENCE AGENCY.—Such 

12 section is further amended— 

13 (1) by redesignating subsections (b), (c), (d), 

14 (e), (f), and (g) as subsections (c), (d), (e), (f), (g), 

15 and (h), respectively; and 

16 (2) by inserting after subsection (a) the fol17 lowing new subsection (b): 

18 ‘‘(b) DEPUTY DIRECTOR OF CENTRAL INTEL19 LIGENCE AGENCY.—(1) There is a Deputy Director of the 

20 Central Intelligence Agency who shall be appointed from 

21 civilian life by the President, by and with the advice and 

22 consent of the Senate. 

23 ‘‘(2) The Deputy Director of the Central Intelligence 

24 Agency shall assist the Director of the Central Intelligence 


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1 Agency in carrying out the duties and responsibilities of 

2 the Director. 

3 ‘‘(3) The Deputy Director of the Central Intelligence 

4 Agency shall act for, and exercise the powers of, the Direc5 tor of the Central Intelligence Agency during the absence 

6 or disability of the Director of the Central Intelligence 

7 Agency or during a vacancy in the position of Director 

8 of the Central Intelligence Agency.’’. 

9 (c) CONFORMING AMENDMENT.—Paragraph (2) of 

10 subsection (d) of such section, as redesignated by sub11 section (b)(1) of this section, is further amended by strik12 ing ‘‘subsection (d)’’ and inserting ‘‘subsection (e)’’. 

13 (d) EXECUTIVE SCHEDULE LEVEL III.—Section 

14 5314 of title 5, United States Code, is amended by adding 

15 at the end the following new item: 

16 ‘‘Deputy Director of the Central Intelligence 

17 Agency.’’. 

18 (e) ROLE OF DNI IN APPOINTMENT.—Section 

19 106(a)(2) of the National Security Act of 1947 (50 U.S.C. 

20 403–6) is amended by adding at the end the following new 

21 subparagraph: 

22 ‘‘(C) The Deputy Director of the Central Intel23 ligence Agency.’’. 

24 (f) MILITARY STATUS OF INDIVIDUAL SERVING AS

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1 MINISTRATIVELY PERFORMING DUTIES OF DEPUTY DI2 RECTOR OF CENTRAL INTELLIGENCE AGENCY.—(1) A 

3 commissioned officer of the Armed Forces who is serving 

4 as the Director of the Central Intelligence Agency or is 

5 engaged in administrative performance of the duties of 

6 Deputy Director of the Central Intelligence Agency as of 

7 the date of the enactment of this Act shall not, while con8 tinuing in such service, or in the administrative perform9 ance of such duties, after that date— 

10 (A) be subject to supervision or control by the 

11 Secretary of Defense or by any officer or employee 

12 of the Department of Defense; or 

13 (B) exercise, by reason of the officer’s status as 

14 a commissioned officer, any supervision or control 

15 with respect to any of the military or civilian per16 sonnel of the Department of Defense except as oth17 erwise authorized by law. 

18 (2) Except as provided in subparagraph (A) or (B) 

19 of paragraph (1), the service, or the administrative per20 formance of duties, described in that paragraph by an offi21 cer described in that paragraph shall not affect the status, 

22 position, rank, or grade of such officer in the Armed 

23 Forces, or any emolument, perquisite, right, privilege, or 

24 benefit incident to or arising out of such status, position, 

25 rank, or grade. 


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1 (3) A commissioned officer described in paragraph 

2 (1), while serving, or continuing in the administrative per3 formance of duties, as described in that paragraph and 

4 while remaining on active duty, shall continue to receive 

5 military pay and allowances. Funds from which such pay 

6 and allowances are paid shall be reimbursed from funds 

7 available to the Director of the Central Intelligence Agen8 cy. 

9 (g) EFFECTIVE DATE AND APPLICABILITY.— 

10 (1) DIRECTOR OF CENTRAL INTELLIGENCE

11 AGENCY.—The amendment made by subsection (a) 

12 shall— 

13 (A) take effect on the date of the enact14 ment of this Act; and 

15 (B) apply upon the occurrence of any act 

16 creating a vacancy in the position of Director of 

17 the Central Intelligence Agency after such date, 

18 except that if the vacancy occurs by resignation 

19 from such position of the individual serving in 

20 such position on such date, that individual may 

21 continue serving in such position after such res22 ignation until the individual appointed to suc23 ceed such resigning individual as Director of 

24 the Central Intelligence Agency, by and with 


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1 the advice and consent of the Senate, assumes 

2 the duties of such position. 

3 (2) DEPUTY DIRECTOR OF CENTRAL INTEL4 LIGENCE AGENCY.—The amendments made by sub5 sections (b) through (e) shall take effect on the date 

6 of the enactment of this Act and shall apply upon 

7 the earlier of— 

8 (A) the date of the nomination by the 

9 President of an individual to serve as Deputy 

10 Director of the Central Intelligence Agency, ex11 cept that the individual administratively per12 forming the duties of the Deputy Director of 

13 the Central Intelligence Agency as of the date 

14 of the enactment of this Act may continue to 

15 perform such duties after such date of nomina16 tion and until the individual appointed to the 

17 position of Deputy Director of the Central In18 telligence Agency, by and with the advice and 

19 consent of the Senate, assumes the duties of 

20 such position; or 

21 (B) the date of the cessation of the per22 formance of the duties of Deputy Director of 

23 the Central Intelligence Agency by the indi24 vidual administratively performing such duties 

25 as of the date of the enactment of this Act. 


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1 SEC. 2422. ENHANCED PROTECTION OF CENTRAL INTEL2 LIGENCE AGENCY INTELLIGENCE SOURCES 

3 AND METHODS FROM UNAUTHORIZED DIS4 CLOSURE. 

5 (a) RESPONSIBILITY OF DIRECTOR OF CENTRAL IN6 TELLIGENCE AGENCY UNDER NATIONAL SECURITY ACT

7 OF 1947.—Subsection (e) of section 104A of the National 

8 Security Act of 1947 (50 U.S.C. 403–4a), as redesignated 

9 by section 2421(b)(1) of this Act, is further amended— 

10 (1) in paragraph (3), by striking ‘‘and’’ at the 

11 end; 

12 (2) by redesignating paragraph (4) as para13 graph (5); and 

14 (3) by inserting after paragraph (3) the fol15 lowing new paragraph (4): 

16 ‘‘(4) protect intelligence sources and methods of 

17 the Central Intelligence Agency from unauthorized 

18 disclosure, consistent with any direction issued by 

19 the President or the Director of National Intel20 ligence; and’’. 

21 (b) PROTECTION UNDER CENTRAL INTELLIGENCE

22 AGENCY ACT OF 1949.—Section 6 of the Central Intel23 ligence Agency Act of 1949 (50 U.S.C. 403g) is amended 

24 by striking ‘‘section 102A(i)’’ and all that follows through 

25 ‘‘unauthorized disclosure’’ and inserting ‘‘sections 102A(i) 


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1 and 104A(e)(4) of the National Security Act of 1947 (50 

2 U.S.C. 403–1(i), 403–4a(e)(4))’’. 

3 (c) CONSTRUCTION WITH EXEMPTION FROM RE4 QUIREMENT FOR DISCLOSURE OF INFORMATION TO PUB5 LIC.—Section 104A(e)(4) of the National Security Act of 

6 1947, as amended by subsection (a), and section 6 of the 

7 Central Intelligence Agency Act of 1949, as amended by 

8 subsection (b), shall be treated as statutes that specifically 

9 exempt from disclosure the matters specified in such sec10 tions for purposes of section 552(b)(3) of title 5, United 

11 States Code. 

12 (d) TECHNICAL AMENDMENTS TO CENTRAL INTEL13 LIGENCE AGENCY RETIREMENT ACT.—Section 201(c) of 

14 the Central Intelligence Agency Retirement Act (50 

15 U.S.C. 2011(c)) is amended— 

16 (1) in the subsection caption, by striking ‘‘OF

17 DCI’’; 

18 (2) by striking ‘‘section 102A(i)’’ and inserting 

19 ‘‘sections 102A(i) and 104A(e)(4)’’; 

20 (3) by striking ‘‘of National Intelligence’’; and 

21 (4) by inserting ‘‘of the Central Intelligence 

22 Agency’’ after ‘‘methods’’. 


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1 SEC. 2423. ADDITIONAL EXCEPTION TO FOREIGN LAN2 GUAGE PROFICIENCY REQUIREMENT FOR 

3 CERTAIN SENIOR LEVEL POSITIONS IN THE 

4 CENTRAL INTELLIGENCE AGENCY. 

5 (a) ADDITIONAL EXCEPTION.—Subsection (h) of sec6 tion 104A of the National Security Act of 1947 (50 U.S.C. 

7 403–4a), as redesignated by section 2421(b)(1) of this 

8 Act, is further amended— 

9 (1) in paragraph (1)— 

10 (A) by striking ‘‘paragraph (2)’’ and in11 serting ‘‘paragraphs (2) and (3)’’; and 

12 (B) by striking ‘‘Directorate of Oper13 ations’’ and inserting ‘‘National Clandestine 

14 Service’’; 

15 (2) in paragraph (2), by striking ‘‘position or 

16 category of positions’’ each place it appears and in17 serting ‘‘individual, individuals, position, or category 

18 of positions’’; and 

19 (3) by adding at the end the following new 

20 paragraph: 

21 ‘‘(3) Paragraph (1) shall not apply to any individual 

22 in the Directorate of Intelligence or the National Clandes23 tine Service of the Central Intelligence Agency who is serv24 ing in a Senior Intelligence Service position as of Decem25 ber 23, 2005, regardless of whether such individual is a 

26 member of the Senior Intelligence Service.’’. 


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1 (b) REPORT ON WAIVERS.—Section 611(c) of the In2 telligence Authorization Act for Fiscal Year 2005 (Public 

3 Law 108–487; 118 Stat. 3955) is amended— 

4 (1) by striking the first sentence and inserting 

5 the following new sentence: ‘‘The Director of the 

6 Central Intelligence Agency shall submit to Congress 

7 a report that identifies individuals who, or positions 

8 within the Senior Intelligence Service in the Direc9 torate of Intelligence or the National Clandestine 

10 Service of the Central Intelligence Agency that, are 

11 determined by the Director to require a waiver 

12 under subsection (h) of section 104A of the National 

13 Security Act of 1947, as added by subsection (a) 

14 and redesignated by section 421(b)(1) of the Intel15 ligence Authorization Act for Fiscal Year 2007.’’; 

16 and 

17 (2) in the second sentence— 

18 (A) by striking ‘‘section 104A(g)(2), as so 

19 added’’ and inserting ‘‘subsection (h)(2) of sec20 tion 104A, as so added and redesignated’’; and 

21 (B) by striking ‘‘position or category of po22 sitions’’ and inserting ‘‘individual, individuals, 

23 position, or category of positions’’. 


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1 SEC. 2424. ADDITIONAL FUNCTIONS AND AUTHORITIES FOR 

2 PROTECTIVE PERSONNEL OF THE CENTRAL 

3 INTELLIGENCE AGENCY. 

4 Section 5(a)(4) of the Central Intelligence Agency 

5 Act of 1949 (50 U.S.C. 403f(a)(4)) is amended— 

6 (1) by inserting ‘‘(A)’’ after ‘‘(4)’’; 

7 (2) in subparagraph (A), as so designated— 

8 (A) by striking ‘‘and the protection’’ and 

9 inserting ‘‘the protection’’; and 

10 (B) by striking the semicolon and inserting 

11 ‘‘, and the protection of the Director of Na12 tional Intelligence and such personnel of the Of13 fice of the Director of National Intelligence as 

14 the Director of National Intelligence may des15 ignate; and’’; and 

16 (3) by adding at the end the following new sub17 paragraph: 

18 ‘‘(B) Authorize personnel engaged in the per19 formance of protective functions authorized pursuant 

20 to subparagraph (A), when engaged in the perform21 ance of such functions, to make arrests without war22 rant for any offense against the United States com23 mitted in the presence of such personnel, or for any 

24 felony cognizable under the laws of the United 

25 States, if such personnel have reasonable grounds to 

26 believe that the person to be arrested has committed 


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1 or is committing such felony, except that any au2 thority pursuant to this subparagraph may be exer3 cised only in accordance with guidelines approved by 

4 the Director and the Attorney General and such per5 sonnel may not exercise any authority for the service 

6 of civil process or for the investigation of criminal 

7 offenses;’’. 

8 SEC. 2425. DIRECTOR OF NATIONAL INTELLIGENCE RE9 PORT ON RETIREMENT BENEFITS FOR 

10 FORMER EMPLOYEES OF AIR AMERICA. 

11 (a) IN GENERAL.—Not later than 120 days after the 

12 date of the enactment of this Act, the Director of National 

13 Intelligence shall submit to Congress a report on the ad14 visability of providing Federal retirement benefits to 

15 United States citizens for the service of such individuals 

16 before 1977 as employees of Air America or an associated 

17 company while such company was owned or controlled by 

18 the United States Government and operated or managed 

19 by the Central Intelligence Agency. 

20 (b) REPORT ELEMENTS.—(1) The report required by 

21 subsection (a) shall include the following: 

22 (A) The history of Air America and associated 

23 companies before 1977, including a description of— 

24 (i) the relationship between such compa25 nies and the Central Intelligence Agency and 


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1 other elements of the United States Govern2 ment; 

3 (ii) the workforce of such companies; 

4 (iii) the missions performed by such com5 panies and their employees for the United 

6 States; and 

7 (iv) the casualties suffered by employees of 

8 such companies in the course of their employ9 ment with such companies. 

10 (B) A description of the retirement benefits 

11 contracted for or promised to the employees of such 

12 companies before 1977, the contributions made by 

13 such employees for such benefits, the retirement 

14 benefits actually paid such employees, the entitle15 ment of such employees to the payment of future re16 tirement benefits, and the likelihood that former em17 ployees of such companies will receive any future re18 tirement benefits. 

19 (C) An assessment of the difference between— 

20 (i) the retirement benefits that former em21 ployees of such companies have received or will 

22 receive by virtue of their employment with such 

23 companies; and 

24 (ii) the retirement benefits that such em25 ployees would have received and in the future 


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1 receive if such employees had been, or would 

2 now be, treated as employees of the United 

3 States whose services while in the employ of 

4 such companies had been or would now be cred5 ited as Federal service for the purpose of Fed6 eral retirement benefits. 

7 (D) The recommendations of the Director re8 garding the advisability of legislative action to treat 

9 employment at such companies as Federal service 

10 for the purpose of Federal retirement benefits in 

11 light of the relationship between such companies and 

12 the United States Government and the services and 

13 sacrifices of such employees to and for the United 

14 States, and if legislative action is considered advis15 able, a proposal for such action and an assessment 

16 of its costs. 

17 (2) The Director of National Intelligence shall in18 clude in the report any views of the Director of the Central 

19 Intelligence Agency on the matters covered by the report 

20 that the Director of the Central Intelligence Agency con21 siders appropriate. 

22 (c) ASSISTANCE OF COMPTROLLER GENERAL.—The 

23 Comptroller General of the United States shall, upon the 

24 request of the Director of National Intelligence and in a 

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1 mation, assist the Director in the preparation of the report 

2 required by subsection (a). 

3 (d) FORM.—The report required by subsection (a) 

4 shall be submitted in unclassified form, but may include 

5 a classified annex. 

6 (e) DEFINITIONS.—In this section: 

7 (1) The term ‘‘Air America’’ means Air Amer8 ica, Incorporated. 

9 (2) The term ‘‘associated company’’ means any 

10 company associated with or subsidiary to Air Amer11 ica, including Air Asia Company Limited and the 

12 Pacific Division of Southern Air Transport, Incor13 porated. 

14 Subtitle C—Defense Intelligence 

15 Components 

16 SEC. 2431. ENHANCEMENTS OF NATIONAL SECURITY AGEN17 CY TRAINING PROGRAM. 

18 (a) TERMINATION OF EMPLOYEES.—Subsection 

19 (d)(1)(C) of section 16 of the National Security Agency 

20 Act of 1959 (50 U.S.C. 402 note) is amended by striking 

21 ‘‘terminated either by’’ and all that follows and inserting 

22 ‘‘terminated— 

23 ‘‘(i) by the Agency due to misconduct by 

24 the employee; 

25 ‘‘(ii) by the employee voluntarily; or 


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1 ‘‘(iii) by the Agency for the failure of the 

2 employee to maintain such level of academic 

3 standing in the educational course of training 

4 as the Director of the National Security Agency 

5 shall have specified in the agreement of the em6 ployee under this subsection; and’’. 

7 (b) AUTHORITY TO WITHHOLD DISCLOSURE OF AF8 FILIATION WITH NSA.—Subsection (e) of such section is 

9 amended by striking ‘‘(1) When an employee’’ and all that 

10 follows through ‘‘(2) Agency efforts’’ and inserting ‘‘Agen11 cy efforts’’. 

12 SEC. 2432. CODIFICATION OF AUTHORITIES OF NATIONAL 

13 SECURITY AGENCY PROTECTIVE PER14 SONNEL. 

15 The National Security Agency Act of 1959 (50 

16 U.S.C. 402 note) is amended by adding at the end the 

17 following new section: 

18 ‘‘SEC. 20. (a) The Director is authorized to designate 

19 personnel of the Agency to perform protective functions 

20 for the Director and for any personnel of the Agency des21 ignated by the Director. 

22 ‘‘(b)(1) In the performance of protective functions 

23 under this section, personnel of the Agency designated to 

24 perform protective functions pursuant to subsection (a) 


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1 are authorized, when engaged in the performance of such 

2 functions, to make arrests without a warrant for— 

3 ‘‘(A) any offense against the United States 

4 committed in the presence of such personnel; or 

5 ‘‘(B) any felony cognizable under the laws of 

6 the United States if such personnel have reasonable 

7 grounds to believe that the person to be arrested has 

8 committed or is committing such felony. 

9 ‘‘(2) The authority in paragraph (1) may be exercised 

10 only in accordance with guidelines approved by the Direc11 tor and the Attorney General. 

12 ‘‘(3) Personnel of the Agency designated to perform 

13 protective functions pursuant to subsection (a) shall not 

14 exercise any authority for the service of civil process or 

15 the investigation of criminal offenses. 

16 ‘‘(c) Nothing in this section shall be construed to im17 pair or otherwise affect any authority under any other pro18 vision of law relating to the performance of protective 

19 functions.’’. 

20 SEC. 2433. INSPECTOR GENERAL MATTERS. 

21 (a) COVERAGE UNDER INSPECTOR GENERAL ACT OF

22 1978.—Subsection (a)(2) of section 8G of the Inspector 

23 General Act of 1978 (5 U.S.C. App. 8G) is amended— 


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1 (1) by inserting ‘‘the Defense Intelligence Agen2 cy,’’ after ‘‘the Corporation for Public Broad3 casting,’’; 

4 (2) by inserting ‘‘the National Geospatial-Intel5 ligence Agency,’’ after ‘‘the National Endowment for 

6 the Arts,’’; and 

7 (3) by inserting ‘‘the National Reconnaissance 

8 Office, the National Security Agency,’’ after ‘‘the 

9 National Labor Relations Board,’’. 

10 (b) CERTAIN DESIGNATIONS UNDER INSPECTOR

11 GENERAL ACT OF 1978.—Subsection (a) of section 8H 

12 of the Inspector General Act of 1978 (5 U.S.C. App. 8H) 

13 is amended by adding at the end the following new para14 graph: 

15 ‘‘(3) The Inspectors General of the Defense Intel16 ligence Agency, the National Geospatial-Intelligence Agen17 cy, the National Reconnaissance Office, and the National 

18 Security Agency shall be designees of the Inspector Gen19 eral of the Department of Defense for purposes of this 

20 section.’’. 

21 (c) POWER OF HEADS OF ELEMENTS OVER INVES22 TIGATIONS.—Subsection (d) of section 8G of that Act— 

23 (1) by inserting ‘‘(1)’’ after ‘‘(d)’’; 

24 (2) in the second sentence of paragraph (1), as 

25 designated by paragraph (1) of this subsection, by 


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1 striking ‘‘The head’’ and inserting ‘‘Except as pro2 vided in paragraph (2), the head’’; and 

3 (3) by adding at the end the following new 

4 paragraph: 

5 ‘‘(2)(A) The Director of National Intelligence or the 

6 Secretary of Defense may prohibit the Inspector General 

7 of an element of the intelligence community specified in 

8 subparagraph (D) from initiating, carrying out, or com9 pleting any audit or investigation if the Director or the 

10 Secretary, as the case may be, determines that the prohibi11 tion is necessary to protect vital national security interests 

12 of the United States. 

13 ‘‘(B) If the Director or the Secretary exercises the 

14 authority under subparagraph (A), the Director or the 

15 Secretary, as the case may be, shall submit to the commit16 tees of Congress specified in subparagraph (E) an appro17 priately classified statement of the reasons for the exercise 

18 of the authority not later than seven days after the exer19 cise of the authority. 

20 ‘‘(C) At the same time the Director or the Secretary 

21 submits under subparagraph (B) a statement on the exer22 cise of the authority in subparagraph (A) to the commit23 tees of Congress specified in subparagraph (E), the Direc24 tor or the Secretary, as the case may be, shall notify the 

25 Inspector General of such element of the submittal of such 


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1 statement and, to the extent consistent with the protection 

2 of intelligence sources and methods, provide the Inspector 

3 General with a copy of such statement. The Inspector 

4 General may submit to such committees of Congress any 

5 comments on a notice or statement received by the Inspec6 tor General under this subparagraph that the Inspector 

7 General considers appropriate. 

8 ‘‘(D) The elements of the intelligence community 

9 specified in this subparagraph are as follows: 

10 ‘‘(i) The Defense Intelligence Agency. 

11 ‘‘(ii) The National Geospatial-Intelligence Agen12 cy. 

13 ‘‘(iii) The National Reconnaissance Office. 

14 ‘‘(iv) The National Security Agency. 

15 ‘‘(E) The committees of Congress specified in this 

16 subparagraph are— 

17 ‘‘(i) the Committee on Armed Services and the 

18 Select Committee on Intelligence of the Senate; and 

19 ‘‘(ii) the Committee on Armed Services and the 

20 Permanent Select Committee on Intelligence of the 

21 House of Representatives.’’. 


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1 SEC. 2434. CONFIRMATION OF APPOINTMENT OF HEADS OF 

2 CERTAIN COMPONENTS OF THE INTEL3 LIGENCE COMMUNITY. 

4 (a) DIRECTOR OF NATIONAL SECURITY AGENCY.— 

5 The National Security Agency Act of 1959 (50 U.S.C. 402 

6 note) is amended by inserting after the first section the 

7 following new section: 

8 ‘‘SEC. 2. (a) There is a Director of the National Secu9 rity Agency. 

10 ‘‘(b) The Director of the National Security Agency 

11 shall be appointed by the President, by and with the advice 

12 and consent of the Senate. 

13 ‘‘(c) The Director of the National Security Agency 

14 shall be the head of the National Security Agency and 

15 shall discharge such functions and duties as are provided 

16 by this Act or otherwise by law.’’. 

17 (b) DIRECTOR OF NATIONAL GEOSPATIAL-INTEL18 LIGENCE AGENCY.—Section 441(b) of title 10, United 

19 States Code, is amended— 

20 (1) by redesignating paragraphs (2) and (3) as 

21 paragraphs (3) and (4), respectively; and 

22 (2) by inserting after paragraph (1) the fol23 lowing new paragraph (2): 

24 ‘‘(2) The Director of the National Geospatial Intel25 ligence Agency shall be appointed by the President, by and 

26 with the advice and consent of the Senate.’’. 


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1 (c) DIRECTOR OF NATIONAL RECONNAISSANCE OF2 FICE.—The Director of the National Reconnaissance Of3 fice shall be appointed by the President, by and with the 

4 advice and consent of the Senate. 

5 (d) POSITIONS OF IMPORTANCE AND RESPONSI6 BILITY.— 

7 (1) DESIGNATION OF POSITIONS.—The Presi8 dent may designate any of the positions referred to 

9 in paragraph (2) as positions of importance and re10 sponsibility under section 601 of title 10, United 

11 States Code. 

12 (2) COVERED POSITIONS.—The positions re13 ferred to in this paragraph are as follows: 

14 (A) The Director of the National Security 

15 Agency. 

16 (B) The Director of the National 

17 Geospatial-Intelligence Agency. 

18 (C) The Director of the National Recon19 naissance Office. 

20 (e) EFFECTIVE DATE AND APPLICABILITY.—(1) The 

21 amendments made by subsections (a) and (b), and sub22 section (c), shall take effect on the date of the enactment 

23 of this Act and shall apply upon the earlier of— 

24 (A) the date of the nomination by the President 

25 of an individual to serve in the position concerned, 


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1 except that the individual serving in such position as 

2 of the date of the enactment of this Act may con3 tinue to perform such duties after such date of nom4 ination and until the individual appointed to such 

5 position, by and with the advice and consent of the 

6 Senate, assumes the duties of such position; or 

7 (B) the date of the cessation of the perform8 ance of the duties of such position by the individual 

9 performing such duties as of the date of the enact10 ment of this Act. 

11 (2) Subsection (d) shall take effect on the date of 

12 the enactment of this Act. 

13 SEC. 2435. CLARIFICATION OF NATIONAL SECURITY MIS14 SIONS OF NATIONAL GEOSPATIAL-INTEL15 LIGENCE AGENCY FOR ANALYSIS AND DIS16 SEMINATION OF CERTAIN INTELLIGENCE IN17 FORMATION. 

18 Section 442(a) of title 10, United States Code, is 

19 amended— 

20 (1) by redesignating paragraph (2) as para21 graph (3); 

22 (2) by inserting after paragraph (1) the fol23 lowing new paragraph (2): 

24 ‘‘(2)(A) As directed by the Director of National Intel25 ligence, the National Geospatial-Intelligence Agency shall 


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1 also analyze, disseminate, and incorporate into the Na2 tional System for Geospatial-Intelligence, likenesses, vid3 eos, or presentations produced by ground-based platforms, 

4 including handheld or clandestine photography taken by 

5 or on behalf of human intelligence collection organizations 

6 or available as open-source information. 

7 ‘‘(B) The authority provided by this paragraph does 

8 not include the authority to manage or direct the tasking 

9 of, set requirements and priorities for, set technical re10 quirements related to, or modify any classification or dis11 semination limitations related to the collection of, 

12 handheld or clandestine photography taken by or on behalf 

13 of human intelligence collection organizations.’’; and 

14 (3) in paragraph (3), as so redesignated, by 

15 striking ‘‘paragraph (1)’’ and inserting ‘‘paragraphs 

16 (1) and (2)’’. 

17 SEC. 2436. SECURITY CLEARANCES IN THE NATIONAL 

18 GEOSPATIAL-INTELLIGENCE AGENCY. 

19 The Secretary of Defense shall, during the period be20 ginning on the date of the enactment of this Act and end21 ing on December 31, 2007, delegate to the Director of 

22 the National Geospatial-Intelligence Agency personnel se23 curity authority with respect to the National Geospatial24 Intelligence Agency (including authority relating to the 

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1 tions for security clearances) that is identical to the per2 sonnel security authority of the Director of the National 

3 Security Agency with respect to the National Security 

4 Agency. 

5 Subtitle D—Other Elements 

6 SEC. 2441. FOREIGN LANGUAGE INCENTIVE FOR CERTAIN 

7 NON-SPECIAL AGENT EMPLOYEES OF THE 

8 FEDERAL BUREAU OF INVESTIGATION. 

9 (a) AUTHORITY TO PAY INCENTIVE.—The Director 

10 of the Federal Bureau of Investigation may pay a cash 

11 award authorized by section 4523 of title 5, United States 

12 Code, in accordance with the provisions of such section, 

13 to any employee of the Federal Bureau of Investigation 

14 described in subsection (b) as if such employee were a law 

15 enforcement officer as specified in such section. 

16 (b) COVERED EMPLOYEES.—An employee of the 

17 Federal Bureau of Investigation described in this sub18 section is any employee of the Federal Bureau of Inves19 tigation— 

20 (1) who uses foreign language skills in support 

21 of the analyses, investigations, or operations of the 

22 Bureau to protect against international terrorism or 

23 clandestine intelligence activities (or maintains for24 eign language skills for purposes of such support); 

25 and 


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1 (2) whom the Director of the Federal Bureau 

2 of Investigation, subject to the joint guidance of the 

3 Attorney General and the Director of National Intel4 ligence, may designate for purposes of this section. 

5 SEC. 2442. AUTHORITY TO SECURE SERVICES BY CON6 TRACT FOR THE BUREAU OF INTELLIGENCE 

7 AND RESEARCH OF THE DEPARTMENT OF 

8 STATE. 

9 Title I of the State Department Basic Authorities Act 

10 of 1956 (22 U.S.C. 2651a et seq.) is amended by inserting 

11 after section 23 the following new section: 

12 ‘‘SERVICES BY CONTRACT FOR BUREAU OF

13 INTELLIGENCE AND RESEARCH

14 ‘‘SEC. 23A. (a) AUTHORITY TO ENTER INTO CON15 TRACTS.—The Secretary may enter into contracts with in16 dividuals or organizations for the provision of services in 

17 support of the mission of the Bureau of Intelligence and 

18 Research of the Department of State if the Secretary de19 termines that— 

20 ‘‘(1) the services to be procured are urgent or 

21 unique; and 

22 ‘‘(2) it would not be practicable for the Depart23 ment to obtain such services by other means. 

24 ‘‘(b) TREATMENT AS EMPLOYEES OF THE UNITED

25 STATES GOVERNMENT.—(1) Individuals employed under 

26 a contract pursuant to the authority in subsection (a) shall 


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1 not, by virtue of the performance of services under such 

2 contract, be considered employees of the United States 

3 Government for purposes of any law administered by the 

4 Office of Personnel Management. 

5 ‘‘(2) The Secretary may provide for the applicability 

6 to individuals described in paragraph (1) of any law ad7 ministered by the Secretary concerning the employment 

8 of such individuals. 

9 ‘‘(c) CONTRACT TO BE APPROPRIATE MEANS OF SE10 CURING SERVICES.—The chief contracting officer of the 

11 Department of State shall ensure that each contract en12 tered into by the Secretary under this section is the appro13 priate means of securing the services to be provided under 

14 such contract.’’. 

15 SEC. 2443. CLARIFICATION OF INCLUSION OF COAST 

16 GUARD AND DRUG ENFORCEMENT ADMINIS17 TRATION AS ELEMENTS OF THE INTEL18 LIGENCE COMMUNITY. 

19 Section 3(4) of the National Security Act of 1947 (50 

20 U.S.C. 401a(4)) is amended— 

21 (1) in subparagraph (H)— 

22 (A) by inserting ‘‘the Coast Guard,’’ after 

23 ‘‘the Marine Corps,’’; and 


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1 (B) by inserting ‘‘the Drug Enforcement 

2 Administration,’’ after ‘‘the Federal Bureau of 

3 Investigation,’’; and 

4 (2) in subparagraph (K), by striking ‘‘, includ5 ing the Office of Intelligence of the Coast Guard’’. 

6 SEC. 2444. CLARIFYING AMENDMENTS RELATING TO SEC7 TION 105 OF THE INTELLIGENCE AUTHORIZA8 TION ACT FOR FISCAL YEAR 2004. 

9 Section 105(b) of the Intelligence Authorization Act 

10 for Fiscal Year 2004 (Public Law 108–177; 117 Stat. 

11 2603; 31 U.S.C. 311 note) is amended— 

12 (1) by striking ‘‘Director of Central Intel13 ligence’’ and inserting ‘‘Director of National Intel14 ligence’’; and 

15 (2) by inserting ‘‘or in section 313 of such 

16 title,’’ after ‘‘subsection (a)),’’. 

17 TITLE XXV—OTHER MATTERS 

18 SEC. 2501. TECHNICAL AMENDMENTS TO THE NATIONAL 

19 SECURITY ACT OF 1947. 

20 The National Security Act of 1947 (50 U.S.C. 401 

21 et seq.) is amended as follows: 

22 (1) In section 102A (50 U.S.C. 403–1)— 

23 (A) in subsection (c)(7)(A), by striking 

24 ‘‘section’’ and inserting ‘‘subsection’’; 

25 (B) in subsection (d)— 


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1 (i) in paragraph (3), by striking ‘‘sub2 paragraph (A)’’ in the matter preceding 

3 subparagraph (A) and inserting ‘‘para4 graph (1)(A)’’; 

5 (ii) in paragraph (5)(A), by striking 

6 ‘‘or personnel’’ in the matter preceding 

7 clause (i); and 

8 (iii) in paragraph (5)(B), by striking 

9 ‘‘or agency involved’’ in the second sen10 tence and inserting ‘‘involved or the Direc11 tor of the Central Intelligence Agency (in 

12 the case of the Central Intelligence Agen13 cy)’’; 

14 (C) in subsection (l)(2)(B), by striking 

15 ‘‘section’’ and inserting ‘‘paragraph’’; and 

16 (D) in subsection (n), by inserting ‘‘AND

17 OTHER’’ after ‘‘ACQUISITION’’. 

18 (2) In section 119(c)(2)(B) (50 U.S.C. 

19 404o(c)(2)(B)), by striking ‘‘subsection (h)’’ and in20 serting ‘‘subsection (i)’’. 

21 (3) In section 705(e)(2)(D)(i) (50 U.S.C. 

22 432c(e)(2)(D)(i)), by striking ‘‘responsible’’ and in23 serting ‘‘responsive’’. 


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1 SEC. 2502. TECHNICAL CLARIFICATION OF CERTAIN REF2 ERENCES TO JOINT MILITARY INTELLIGENCE 

3 PROGRAM AND TACTICAL INTELLIGENCE 

4 AND RELATED ACTIVITIES. 

5 Section 102A of the National Security Act of 1947 

6 (50 U.S.C. 403–1) is amended— 

7 (1) in subsection (c)(3)(A), by striking ‘‘annual 

8 budgets for the Joint Military Intelligence Program 

9 and for Tactical Intelligence and Related Activities’’ 

10 and inserting ‘‘annual budget for the Military Intel11 ligence Program or any successor program or pro12 grams’’; and 

13 (2) in subsection (d)(1)(B), by striking ‘‘Joint 

14 Military Intelligence Program’’ and inserting ‘‘Mili15 tary Intelligence Program or any successor program 

16 or programs’’. 

17 SEC. 2503. TECHNICAL AMENDMENTS TO THE INTEL18 LIGENCE REFORM AND TERRORISM PREVEN19 TION ACT OF 2004. 

20 (a) AMENDMENTS TO NATIONAL SECURITY INTEL21 LIGENCE REFORM ACT OF 2004.—The National Security 

22 Intelligence Reform Act of 2004 (title I of Public Law 

23 108–458) is further amended as follows: 

24 (1) In section 1016(e)(10)(B) (6 U.S.C. 

25 458(e)(10)(B)), by striking ‘‘Attorney General’’ the 


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1 second place it appears and inserting ‘‘Department 

2 of Justice’’. 

3 (2) In section 1061 (5 U.S.C. 601 note)— 

4 (A) in subsection (d)(4)(A), by striking 

5 ‘‘National Intelligence Director’’ and inserting 

6 ‘‘Director of National Intelligence’’; and 

7 (B) in subsection (h), by striking ‘‘Na8 tional Intelligence Director’’ and inserting ‘‘Di9 rector of National Intelligence’’. 

10 (3) In section 1071(e), by striking ‘‘(1)’’. 

11 (4) In section 1072(b), by inserting ‘‘AGENCY’’ 

12 after ‘‘INTELLIGENCE’’. 

13 (b) OTHER AMENDMENTS TO INTELLIGENCE RE14 FORM AND TERRORISM PREVENTION ACT OF 2004.—The 

15 Intelligence Reform and Terrorism Prevention Act of 

16 2004 (Public Law 108–458) is amended as follows: 

17 (1) In section 2001 (28 U.S.C. 532 note)— 

18 (A) in subsection (c)(1), by inserting ‘‘of’’ 

19 before ‘‘an institutional culture’’; 

20 (B) in subsection (e)(2), by striking ‘‘the 

21 National Intelligence Director in a manner con22 sistent with section 112(e)’’ and inserting ‘‘the 

23 Director of National Intelligence in a manner 

24 consistent with applicable law’’; and 


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1 (C) in subsection (f), by striking ‘‘shall,’’ 

2 in the matter preceding paragraph (1) and in3 serting ‘‘shall’’. 

4 (2) In section 2006 (28 U.S.C. 509 note)— 

5 (A) in paragraph (2), by striking ‘‘the 

6 Federal’’ and inserting ‘‘Federal’’; and 

7 (B) in paragraph (3), by striking ‘‘the spe8 cific’’ and inserting ‘‘specific’’. 

9 SEC. 2504. TECHNICAL AMENDMENTS TO TITLE 10, UNITED 

10 STATES CODE, ARISING FROM ENACTMENT 

11 OF THE INTELLIGENCE REFORM AND TER12 RORISM PREVENTION ACT OF 2004. 

13 (a) REFERENCES TO HEAD OF INTELLIGENCE COM14 MUNITY.—Title 10, United States Code, is amended by 

15 striking ‘‘Director of Central Intelligence’’ each place it 

16 appears in a provision as follows and inserting ‘‘Director 

17 of National Intelligence’’: 

18 (1) Section 193(d)(2). 

19 (2) Section 193(e). 

20 (3) Section 201(a). 

21 (4) Section 201(b)(1). 

22 (5) Section 201(c)(1). 

23 (6) Section 425(a). 

24 (7) Section 431(b)(1). 

25 (8) Section 441(c). 


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1 (9) Section 441(d). 

2 (10) Section 443(d). 

3 (11) Section 2273(b)(1). 

4 (12) Section 2723(a). 

5 (b) CLERICAL AMENDMENTS.—Such title is further 

6 amended by striking ‘‘DIRECTOR OF CENTRAL INTEL7 LIGENCE’’ each place it appears in a provision as follows 

8 and inserting ‘‘DIRECTOR OF NATIONAL INTELLIGENCE’’: 

9 (1) Section 441(c). 

10 (2) Section 443(d). 

11 (c) REFERENCE TO HEAD OF CENTRAL INTEL12 LIGENCE AGENCY.—Section 444 of such title is amended 

13 by striking ‘‘Director of Central Intelligence’’ each place 

14 it appears and inserting ‘‘Director of the Central Intel15 ligence Agency’’. 

16 SEC. 2505. TECHNICAL AMENDMENT TO THE CENTRAL IN17 TELLIGENCE AGENCY ACT OF 1949. 

18 Section 5(a)(1) of the Central Intelligence Agency 

19 Act of 1949 (50 U.S.C. 403f(a)(1)) is amended by striking 

20 ‘‘authorized under paragraphs (2) and (3) of section 

21 102(a), subsections (c)(7) and (d) of section 103, sub22 sections (a) and (g) of section 104, and section 303 of 

23 the National Security Act of 1947 (50 U.S.C. 403(a)(2), 

24 (3), 403–3(c)(7), (d), 403–4(a), (g), and 405)’’ and insert25 ing ‘‘authorized under subsections (d), (e), (f), and (g) of 


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1 section 104A of the National Security Act of 1947 (50 

2 U.S.C. 403–4a).’’. 

3 SEC. 2506. TECHNICAL AMENDMENTS RELATING TO THE 

4 MULTIYEAR NATIONAL INTELLIGENCE PRO5 GRAM. 

6 (a) IN GENERAL.—Subsection (a) of section 1403 of 

7 the National Defense Authorization Act for Fiscal Year 

8 1991 (50 U.S.C. 404b) is amended— 

9 (1) in the subsection caption, by striking ‘‘FOR10 EIGN’’; and 

11 (2) by striking ‘‘foreign’’ each place it appears. 

12 (b) RESPONSIBILITY OF DNI.—That section is fur13 ther amended— 

14 (1) in subsections (a) and (c), by striking ‘‘Di15 rector of Central Intelligence’’ and inserting ‘‘Direc16 tor of National Intelligence’’; and 

17 (2) in subsection (b), by inserting ‘‘of National 

18 Intelligence’’ after ‘‘Director’’. 

19 (c) CONFORMING AMENDMENT.—The heading of 

20 that section is amended to read as follows: 


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1 ‘‘SEC. 1403. MULTIYEAR NATIONAL INTELLIGENCE PRO2 GRAM.’’. 

3 SEC. 2507. TECHNICAL AMENDMENTS TO THE EXECUTIVE 

4 SCHEDULE. 

5 (a) EXECUTIVE SCHEDULE LEVEL II.—Section 5313 

6 of title 5, United States Code, is amended by striking the 

7 item relating to the Director of Central Intelligence and 

8 inserting the following new item: 

9 ‘‘Director of the Central Intelligence Agency.’’. 

10 (b) EXECUTIVE SCHEDULE LEVEL III.—Section 

11 5314 of title 5, United States Code, is amended by strik12 ing the item relating to the Deputy Directors of Central 

13 Intelligence. 

14 (c) EXECUTIVE SCHEDULE LEVEL IV.—Section 

15 5315 of title 5, United States Code, is amended by strik16 ing the item relating to the General Counsel of the Office 

17 of the National Intelligence Director and inserting the fol18 lowing new item: 

19 ‘‘General Counsel of the Office of the Director 

20 of National Intelligence.’’. 

21 SEC. 2508. TECHNICAL AMENDMENTS RELATING TO REDES22 IGNATION OF THE NATIONAL IMAGERY AND 

23 MAPPING AGENCY AS THE NATIONAL 

24 GEOSPATIAL-INTELLIGENCE AGENCY. 

25 (a) TITLE 5, UNITED STATES CODE.—(1) Title 5, 

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1 agery and Mapping Agency’’ each place it appears in a 

2 provision as follows and inserting ‘‘National Geospatial3 Intelligence Agency’’: 

4 (A) Section 2302(a)(2)(C)(ii). 

5 (B) Section 3132(a)(1)(B). 

6 (C) Section 4301(1) (in clause (ii)). 

7 (D) Section 4701(a)(1)(B). 

8 (E) Section 5102(a)(1) (in clause (x)). 

9 (F) Section 5342(a)(1) (in clause (K)). 

10 (G) Section 6339(a)(1)(E). 

11 (H) Section 7323(b)(2)(B)(i)((XIII). 

12 (2) Section 6339(a)(2)(E) of such title is amended 

13 by striking ‘‘National Imagery and Mapping Agency, the 

14 Director of the National Imagery and Mapping Agency’’ 

15 and inserting ‘‘National Geospatial-Intelligence Agency, 

16 the Director of the National Geospatial-Intelligence Agen17 cy’’. 

18 (b) TITLE 44, UNITED STATES CODE.—(1)(A) Sec19 tion 1336 of title 44, United States Code, is amended by 

20 striking ‘‘National Imagery and Mapping Agency’’ both 

21 places it appears and inserting ‘‘National Geospatial-Intel22 ligence Agency’’. 

23 (B) The heading of such section is amended to read 

24 as follows: 


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1 ‘‘§ 1336. National Geospatial-Intelligence Agency: spe2 cial publications’’. 

3 (2) The table of sections at the beginning of chapter 

4 13 of such title is amended by striking the item relating 

5 to section 1336 and inserting the following new item: 

‘‘1336. National Geospatial-Intelligence Agency: special publications.’’. 

6 (c) HOMELAND SECURITY ACT OF 2002.—Section 

7 201(f)(2)(E) of the Homeland Security Act of 2002 (6 

8 U.S.C. 121(f)(2)(E)) is amended by striking ‘‘National 

9 Imagery and Mapping Agency’’ and inserting ‘‘National 

10 Geospatial-Intelligence Agency’’. 

11 (d) INSPECTOR GENERAL ACT OF 1978.—Section 8H 

12 of the Inspector General Act of 1978 (5 U.S.C. App.) is 

13 amended by striking ‘‘National Imagery and Mapping 

14 Agency’’ each place it appears and inserting ‘‘National 

15 Geospatial-Intelligence Agency’’. 

16 (e) ETHICS IN GOVERNMENT ACT OF 1978.—Section 

17 105(a)(1) of the Ethics in Government Act of 1978 (5 

18 U.S.C. App.) is amended by striking ‘‘National Imagery 

19 and Mapping Agency’’ and inserting ‘‘National 

20 Geospatial-Intelligence Agency’’. 

21 (f) OTHER ACTS.—(1) Section 7(b)(2)(A)(i) of the 

22 Employee Polygraph Protection Act of 1988 (29 U.S.C. 

23 2006(b)(2)(A)(i)) is amended by striking ‘‘National Im24 agery and Mapping Agency’’ and inserting ‘‘National 

25 Geospatial-Intelligence Agency’’. 


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1 (2) Section 207(a)(2)(B) of the Legislative Branch 

2 Appropriations Act, 1993 (44 U.S.C. 501 note) is amend3 ed by striking ‘‘National Imagery and Mapping Agency’’ 

4 and inserting ‘‘National Geospatial-Intelligence Agency’’. 

5 DIVISION D—TRANSPORTATION 

6 SECURITY 

7 TITLE XXXI—MARITIME 

8 SECURITY 

9 SEC. 3101. SHORT TITLE; DEFINITIONS. 

10 (a) SHORT TITLE.—This title may be cited as the 

11 ‘‘Maritime Transportation Security Act of 2006’’. 

12 (b) DEFINITIONS.—In this title: 

13 (1) APPROPRIATE CONGRESSIONAL COMMIT14 TEES.—The term ‘‘appropriate congressional com15 mittees’’ means the Committee on Appropriations, 

16 the Committee on Commerce, Science, and Trans17 portation, the Committee on Finance, and the Com18 mittee on Homeland Security and Governmental Af19 fairs of the Senate, and the Committee on Appro20 priations, the Committee on Homeland Security, and 

21 the Committee on Ways and Means of the House of 

22 Representatives. 

23 (2) COMMISSIONER.—The term ‘‘Commis24 sioner’’ means the Commissioner of Customs. 


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1 (3) DEPARTMENT.—The term ‘‘Department’’ 

2 means the Department of Homeland Security. 

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

4 the Security of Homeland Security. 

5 SEC. 3102. INTERAGENCY OPERATIONAL COMMAND CEN6 TERS FOR PORT SECURITY. 

7 (a) IN GENERAL.—Chapter 701 of title 46, United 

8 States Code, is amended by inserting after section 70103 

9 the following new section: 

10 ‘‘§ 70103A. Interagency operational command centers 

11 for port security 

12 ‘‘(a) IN GENERAL.—In order to improve interagency 

13 cooperation, unity of command, and the sharing of intel14 ligence information in a common mission to provide great15 er protection for port and intermodal transportation sys16 tems against acts of terrorism, the Secretary, shall estab17 lish interagency operational command centers for port se18 curity at all high priority ports. 

19 ‘‘(b) CHARACTERISTICS.—The interagency oper20 ational centers shall— 

21 ‘‘(1) be based on the most appropriate 

22 compositional and operational characteristics of the 

23 pilot project interagency operational centers for port 

24 security in Miami, Florida, Norfolk/Hampton Roads, 

25 Virginia, Charleston, South Carolina, and San 


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1 Diego, California and the virtual operation center at 

2 the port of New York/New Jersey; 

3 ‘‘(2) be adapted to meet the security needs, re4 quirements, and resources of the individual port area 

5 at which each center is operating; 

6 ‘‘(3) provide for participation by— 

7 ‘‘(A) representatives of the United States 

8 Customs and Border Protection, Immigration 

9 and Customs Enforcement, the Transportation 

10 Security Administration, the Department of De11 fense, the Department of Justice, and other 

12 Federal agencies, determined to be appropriate 

13 by the Secretary of Homeland Security; 

14 ‘‘(B) representatives of State and local law 

15 enforcement or port security personnel; and 

16 ‘‘(C) members of the area maritime secu17 rity committee, as deemed appropriate by the 

18 Coast Guard Captain of the Port; 

19 ‘‘(4) be incorporated in the implementation and 

20 administration of— 

21 ‘‘(A) maritime transportation security 

22 plans developed under section 70103 of this 

23 title; 

24 ‘‘(B) maritime intelligence activities under 

25 section 70113 of this title; 


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1 ‘‘(C) short and long range vessel tracking 

2 under sections 70114 and 70115 of this title; 

3 ‘‘(D) secure transportation systems under 

4 section 70119 of this title; 

5 ‘‘(E) the United States Customs and Bor6 der Protection’s screening and high-risk cargo 

7 inspection programs; 

8 ‘‘(F) the transportation security incident 

9 response plans required by section 70104 of 

10 this title; and 

11 ‘‘(G) the execution of the protocols estab12 lished under sections 3119 and 3120 of the 

13 Maritime Transportation Security Act of 2006 

14 and the amendments made by such sections. 

15 ‘‘(c) REPORT REQUIREMENT.—Nothing in this sec16 tion relieves the Commandant of the Coast Guard from 

17 compliance with the requirements of section 807 of the 

18 Coast Guard and Maritime Transportation Act of 2004. 

19 The Commandant shall utilize the information developed 

20 for the report required by such section 807 in carrying 

21 out the requirements of this section. 

22 ‘‘(d) SECURITY CLEARANCE ASSISTANCE.—The Sec23 retary may assist non-Federal personnel described in sub24 section (b)(3)(B) or (C) in obtaining expedited approVerDate Aug 31 2005 00:17 Sep 14, 2006 Jkt 049200 PO 00000 Frm 00400 Fmt 6652 Sfmt 6201 E:\BILLS\S3875.PCS S3875

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1 priate security clearances and in maintaining their secu2 rity clearances. 

3 ‘‘(e) SECURITY INCIDENTS.—During a transpor4 tation security incident (as defined in section 70101(6) of 

5 this title) involving a port, the Coast Guard Captain of 

6 the Port, designated by the Commandant of the Coast 

7 Guard, in each joint operations center for maritime secu8 rity shall act as the incident commander, unless otherwise 

9 directed under the National Maritime Transportation Se10 curity Plan established under section 70103 of this title 

11 or by the President.’’. 

12 (b) CLERICAL AMENDMENT.—The chapter analysis 

13 for chapter 701 of title 46, United States Code, is amend14 ed by inserting after the item relating to section 70103 

15 the following new item: 

‘‘70103A. Interagency operational command centers for port security.’’. 

16 (c) BUDGET AND COST-SHARING ANALYSIS.—Not 

17 later than 180 days after the date of the enactment of 

18 this Act, the Secretary of the department in which the 

19 Coast Guard is operating shall submit to the Committee 

20 on Commerce, Science, and Transportation of the Senate, 

21 and the Committee on Homeland Security of the House 

22 of Representatives, a proposed budget analysis for imple23 menting subsection (a) of section 70103A of title 46, 

24 United States Code (as added by subsection (a) of this 

25 section), including cost-sharing arrangements with other 


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1 departments and agencies of the Federal Government in2 volved in the interagency operation of the centers estab3 lished under such section 70101A. 

4 SEC. 3103. SALVAGE RESPONSE PLAN. 

5 Section 70103(b)(2) of title 46, United States Code, 

6 is amended— 

7 (1) by redesignating subparagraphs (E) and 

8 (F) as subparagraphs (F) and (G), respectively; and 

9 (2) by inserting after subparagraph (D) the fol10 lowing: 

11 ‘‘(E) include a salvage response plan— 

12 ‘‘(i) to identify salvage equipment ca13 pable of restoring operational trade capac14 ity; and 

15 ‘‘(ii) to ensure that the flow of cargo 

16 through United States ports is reestab17 lished as efficiently and quickly as possible 

18 after a transportation security incident.’’. 

19 SEC. 3104. VESSEL AND FACILITY SECURITY PLANS. 

20 Section 70103(c)(3) of title 46, United States Code, 

21 is amended— 

22 (1) in subparagraph (E), by striking the ‘‘train23 ing, periodic unannounced drills and’’; 

24 (2) by redesignating subparagraphs (F) and 

25 (G) as subparagraphs (G) and (H), respectively; and 


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1 (3) by inserting after subparagraph (E) the fol2 lowing new subparagraph: 

3 ‘‘(F) provide a strategy and timeline for 

4 conducting training and periodic unannounced 

5 drills for persons on the vessel or at the facility 

6 to be carried out under the plan to deter, to the 

7 maximum extent practicable, a transportation 

8 security incident or a substantial threat of such 

9 a transportation security incident;’’. 

10 SEC. 3105. ASSISTANCE FOR FOREIGN PORTS. 

11 (a) IN GENERAL.—Section 70109 of title 46, United 

12 States Code, is amended— 

13 (1) by striking the section heading and insert14 ing the following: 

15 ‘‘§ 70109. International cooperation and coordina16 tion’’; 

17 and 

18 (2) by adding at the end the following: 

19 ‘‘(c) FOREIGN ASSISTANCE PROGRAMS.— 

20 ‘‘(1) IN GENERAL.—The Secretary, in consulta21 tion with the Secretary of Transportation, the Sec22 retary of State, the Secretary of Energy, and the 

23 Commandant of the United States Coast Guard, 

24 shall identify foreign assistance programs that could 

25 facilitate implementation of port security 


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1 antiterrorism measures in foreign countries. The 

2 Secretary shall establish a strategic plan to utilize 

3 the programs that are capable of implementing port 

4 security antiterrorism measures at ports in foreign 

5 countries that the Secretary finds, under section 

6 70108, to lack effective antiterrorism measures. 

7 ‘‘(2) CARIBBEAN BASIN.—The Secretary, in co8 ordination with the Secretary of State and in con9 sultation with the Organization of American States 

10 and the Commandant of the United States Coast 

11 Guard, shall place particular emphasis on utilizing 

12 programs to facilitate the implementation of port se13 curity antiterrorism measures at the ports located in 

14 the Caribbean Basin, as such ports pose unique se15 curity and safety threats to the United States due 

16 to— 

17 ‘‘(A) the strategic location of such ports 

18 between South America and United States; 

19 ‘‘(B) the relative openness of such ports; 

20 and 

21 ‘‘(C) the significant number of shipments 

22 of narcotics to the United States that are 

23 moved through such ports. 

24 ‘‘(3) INTERNATIONAL CARGO SECURITY STAND25 ARDS.—The Secretary, in consultation with the SecVerDate Aug 31 2005 00:17 Sep 14, 2006 Jkt 049200 PO 00000 Frm 00404 Fmt 6652 Sfmt 6201 E:\BILLS\S3875.PCS S3875

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1 retary of State, shall enter into negotiations with 

2 foreign governments and international organizations, 

3 including the International Maritime Organization, 

4 the World Customs Organization, and the Inter5 national Standards Organization, as appropriate— 

6 ‘‘(A) to promote standards for the security 

7 of containers and other cargo moving within the 

8 international supply chain; 

9 ‘‘(B) to encourage compliance with min10 imum technical requirements for the capabilities 

11 of nonintrusive inspection equipment, including 

12 imaging and radiation detection devices, estab13 lished under the Maritime Transportation Secu14 rity Act of 2006; 

15 ‘‘(C) to implement the requirements of the 

16 container security initiative under section 

17 70117; and 

18 ‘‘(D) to implement standards and proce19 dures established under section 70119.’’. 

20 (b) REPORT ON SECURITY AT PORTS IN THE CARIB21 BEAN BASIN.—Not later than 180 days after the date of 

22 the enactment of this Act, the Comptroller General of the 

23 United States shall submit to the Committee on Com24 merce, Science, and Transportation of the Senate, the 

25 Committee on Transportation and Infrastructure of the 


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1 House of Representatives, and the Committee on Home2 land Security of the House of Representatives a report on 

3 the security of ports in the Caribbean Basin. The report— 

4 (1) shall include— 

5 (A) an assessment of the effectiveness of 

6 the measures employed to improve security at 

7 ports in the Caribbean Basin and recommenda8 tions for any additional measures to improve 

9 such security; 

10 (B) an estimate of the number of ports in 

11 the Caribbean Basin that will not be secured by 

12 July 1, 2007, and an estimate of the financial 

13 impact in the United States of any action taken 

14 pursuant to section 70110 of title 46, United 

15 States Code, that affects trade between such 

16 ports and the United States; and 

17 (C) an assessment of the additional re18 sources and program changes that are nec19 essary to maximize security at ports in the Car20 ibbean Basin; and 

21 (2) may be submitted in both classified and re22 dacted formats. 

23 (c) CONFORMING AMENDMENT.—The chapter anal24 ysis for chapter 701 of title 46, United States Code, is 


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1 amended by striking the item relating to section 70901 

2 and inserting the following: 

‘‘70109. International cooperation and coordination.’’. 

3 SEC. 3106. PORT SECURITY GRANTS. 

4 (a) BASIS FOR GRANTS.—Section 70107(a) of title 

5 46, United States Code, is amended by striking ‘‘for mak6 ing a fair and equitable allocation of funds’’ and inserting 

7 ‘‘based on risk and vulnerability’’. 

8 (b) LETTERS OF INTENT.—Section 70107(e) of title 

9 46, United States Code, is amended by adding at the end 

10 the following: 

11 ‘‘(5) LETTERS OF INTENT.—The Secretary may 

12 execute letters of intent to commit funding for eligi13 ble costs. Not more than 20 percent of the grant 

14 funds awarded under this subsection in any fiscal 

15 year may be awarded for projects that span multiple 

16 years.’’. 

17 SEC. 3107. OPERATION SAFE COMMERCE. 

18 Section 70107 of title 46, United States Code, is 

19 amended by adding at the end the following new sub20 section: 

21 ‘‘(j) OPERATION SAFE COMMERCE.— 

22 ‘‘(1) IN GENERAL.—Not later than 1 year after 

23 the date of the enactment of the Maritime Transpor24 tation Security Act of 2006, the Secretary shall ini25 tiate grant projects that— 


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1 ‘‘(A) integrate nonintrusive inspection and 

2 radiation detection equipment with automatic 

3 identification methods for containers, vessels, 

4 and vehicles; 

5 ‘‘(B) test physical access control protocols 

6 and technologies; 

7 ‘‘(C) create a data sharing network capable 

8 of transmitting data required by entities par9 ticipating in the international supply chain from 

10 every intermodal transfer point to the National 

11 Targeting Center of the Department; and 

12 ‘‘(D) otherwise further maritime and cargo 

13 security, as determined by the Secretary. 

14 ‘‘(2) SUPPLY CHAIN SECURITY FOR SPECIAL

15 CONTAINER AND NONCONTAINERIZED CARGO.—The 

16 Secretary shall consider demonstration projects that 

17 further the security of the international supply chain 

18 for special container cargo, including refrigerated 

19 containers, and noncontainerized cargo, including 

20 roll-on/roll-off, break-bulk, liquid, and dry bulk 

21 cargo. 

22 ‘‘(3) ANNUAL REPORT.—Not later than March 

23 1 of each year, the Secretary shall submit a report 

24 detailing the results of Operation Safe Commerce 

25 to— 


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1 ‘‘(A) the Committee on Commerce, 

2 Science, and Transportation of the Senate; 

3 ‘‘(B) the Committee on Homeland Security 

4 and Government Affairs of the Senate; 

5 ‘‘(C) the Committee on Homeland Security 

6 of the House of Representatives; 

7 ‘‘(D) the Committee on Appropriations of 

8 the Senate; and 

9 ‘‘(E) the Committee on Appropriations of 

10 the House of Representatives.’’. 

11 SEC. 3108. PORT SECURITY TRAINING PROGRAM. 

12 (a) IN GENERAL.—The Secretary, acting through the 

13 Assistant Secretary for Grants and Training and in co14 ordination with components of the Department with mari15 time security expertise, including the Coast Guard, the 

16 Transportation Security Administration, and United 

17 States Customs and Border Protection, shall establish a 

18 Port Security Training Program (in this section referred 

19 to as the ‘‘Program’’) for the purpose of enhancing the 

20 capabilities of each commercial seaports in the United 

21 States to prevent, prepare for, respond to, mitigate 

22 against, and recover from threatened or actual acts of ter23 rorism, natural disasters, and other emergencies. 

24 (b) REQUIREMENTS.—The Program shall provide 

25 validated training that— 


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1 (1) reaches multiple disciplines, including Fed2 eral, State, and local government officials, commer3 cial seaport personnel and management, and govern4 mental and nongovernmental emergency response 

5 providers; 

6 (2) provides training at the awareness, perform7 ance, and management and planning levels; 

8 (3) utilizes multiple training mediums and 

9 methods, including— 

10 (A) direct delivery; 

11 (B) train-the-trainer; 

12 (C) computer-based training; 

13 (D) web-based training; and 

14 (E) video teleconferencing; 

15 (4) addresses port security topics, including— 

16 (A) seaport security plans and procedures, 

17 including how security plans and procedures are 

18 adjusted when threat levels increase; 

19 (B) seaport security force operations and 

20 management; 

21 (C) physical security and access control at 

22 seaports; 

23 (D) methods of security for preventing and 

24 countering cargo theft; 

25 (E) container security; 


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1 (F) recognition and detection of weapons, 

2 dangerous substances, and devices; 

3 (G) operation and maintenance of security 

4 equipment and systems; 

5 (H) security threats and patterns; 

6 (I) security incident procedures, including 

7 procedures for communicating with govern8 mental and nongovernmental emergency re9 sponse providers; and 

10 (J) evacuation procedures; 

11 (5) is consistent with, and supports implemen12 tation of, the National Incident Management Sys13 tem, the National Response Plan, the National In14 frastructure Protection Plan, the National Prepared15 ness Guidance, the National Preparedness Goal, the 

16 National Maritime Transportation Security Plan and 

17 other such national initiatives; 

18 (6) is evaluated against clear and consistent 

19 performance measures; 

20 (7) addresses security requirements under facil21 ity security plans; and 

22 (8) educates, trains, and involves populations of 

23 at-risk neighborhoods around ports, including train24 ing on an annual basis for neighborhoods to learn 


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1 what to be watchful for in order to be a ‘‘citizen 

2 corps’’, if necessary. 

3 (c) NATIONAL VOLUNTARY CONSENSUS STAND4 ARDS.—The Secretary shall— 

5 (1) support the development, promulgation, and 

6 regular updating as necessary of national voluntary 

7 consensus standards for port security training; and 

8 (2) ensure that the training provided under this 

9 section is consistent with such standards. 

10 (d) TRAINING PARTNERS.—In developing and deliv11 ering training under the Program, the Secretary shall— 

12 (1) work with government training facilities, 

13 academic institutions, private organizations, em14 ployee organizations, and other entities that provide 

15 specialized, state-of-the-art training for govern16 mental and nongovernmental emergency responder 

17 providers or commercial seaport personnel and man18 agement; and 

19 (2) utilize, as appropriate, training courses pro20 vided by community colleges, public safety acad21 emies, State and private universities, and other fa22 cilities. 

23 (e) CONSULTATION.—The Secretary shall ensure 

24 that, in carrying out the Program, the Office of Grants 


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1 and Training consults with commercial seaport personnel 

2 and management. 

3 (f) COMMERCIAL SEAPORT PERSONNEL DEFINED.— 

4 For purposes of this section, the term ‘‘commercial sea5 port personnel’’ means any person engaged in an activity 

6 relating to the loading or unloading of cargo, the move7 ment or tracking of cargo, the maintenance and repair of 

8 intermodal equipment, the operation of cargo-related 

9 equipment (whether or not integral to the vessel), and the 

10 handling of mooring lines on the dock when a vessel is 

11 made fast or let go, in the United States or the coastal 

12 waters thereof. 

13 SEC. 3109. PORT SECURITY EXERCISE PROGRAM. 

14 (a) IN GENERAL.—The Secretary shall establish a 

15 Port Security Exercise Program (in this section referred 

16 to as the ‘‘Program’’) for the purpose of testing and evalu17 ating the capabilities of Federal, State, local, and foreign 

18 governments, commercial seaport personnel and manage19 ment, governmental and nongovernmental emergency re20 sponse providers, the private sector, or any other organiza21 tion or entity, as the Secretary determines to be appro22 priate, to prevent, prepare for, mitigate against, respond 

23 to, and recover from acts of terrorism, natural disasters, 

24 and other emergencies at commercial seaports. 


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1 (b) REQUIREMENTS.—The Secretary, acting through 

2 the Assistant Secretary for Grants and Training and in 

3 coordination with components of the Department with 

4 maritime security expertise, including the Coast Guard, 

5 the Transportation Security Administration, and United 

6 States Customs and Border Protection, shall ensure that 

7 the Program— 

8 (1) consolidates all existing port security exer9 cise programs administered by the Department; 

10 (2) conducts, on a periodic basis, port security 

11 exercises at commercial seaports that are— 

12 (A) scaled and tailored to the needs of 

13 each port; 

14 (B) live in the case of the most at-risk 

15 ports; 

16 (C) as realistic as practicable and based on 

17 current risk assessments, including credible 

18 threats, vulnerabilities, and consequences; 

19 (D) consistent with the National Incident 

20 Management System, the National Response 

21 Plan, the National Infrastructure Protection 

22 Plan, the National Preparedness Guidance, the 

23 National Preparedness Goal, the National Mari24 time Transportation Security Plan and other 

25 such national initiatives; 


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1 (E) evaluated against clear and consistent 

2 performance measures; 

3 (F) assessed to learn best practices, which 

4 shall be shared with appropriate Federal, State, 

5 and local officials, seaport personnel and man6 agement; governmental and nongovernmental 

7 emergency response providers, and the private 

8 sector; and 

9 (G) followed by remedial action in response 

10 to lessons learned; and 

11 (3) assists State and local governments and 

12 commercial seaports in designing, implementing, and 

13 evaluating exercises that— 

14 (A) conform to the requirements of para15 graph (2); and 

16 (B) are consistent with any applicable Area 

17 Maritime Transportation Security Plan and 

18 State or Urban Area Homeland Security Plan. 

19 (c) REMEDIAL ACTION MANAGEMENT SYSTEM.—The 

20 Secretary, acting through the Assistant Secretary for 

21 Grants and Training, shall establish a Remedial Action 

22 Management System to— 

23 (1) identify and analyze each port security exer24 cise for lessons learned and best practices; 


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1 (2) disseminate lessons learned and best prac2 tices to participants in the Program; 

3 (3) monitor the implementation of lessons 

4 learned and best practices by participants in the 

5 Program; and 

6 (4) conduct remedial action tracking and long7 term trend analysis. 

8 (d) GRANT PROGRAM FACTOR.—In evaluating and 

9 prioritizing applications for the port security grant pro10 gram under section 70107 of title 46, United States Code, 

11 the Secretary shall give additional consideration to those 

12 applicants that have conducted port security exercises 

13 under this section. 

14 (e) CONSULTATION.—The Secretary shall ensure 

15 that, in carrying out the Program, the Office of Grants 

16 and Training consults with— 

17 (1) governmental and nongovernmental emer18 gency response providers; and 

19 (2) commercial seaport personnel and manage20 ment. 

21 (f) COMMERCIAL SEAPORT PERSONNEL DEFINED.— 

22 For purposes of this section, the term ‘‘commercial sea23 port personnel’’ means any person engaged in an activity 

24 relating to the loading or unloading of cargo, the move25 ment or tracking of cargo, the maintenance and repair of 


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1 intermodal equipment, the operation of cargo-related 

2 equipment (whether or not integral to the vessel), and the 

3 handling of mooring lines on the dock when a vessel is 

4 made fast or let go, in the United States or the coastal 

5 waters thereof. 

6 SEC. 3110. INSPECTION OF CAR FERRIES ENTERING FROM 

7 CANADA. 

8 Not later than 120 days after the date of the enact9 ment of this Act, the Secretary of Homeland Security, act10 ing through the Commissioner of Customs, in coordination 

11 with the Secretary of State, and their Canadian counter12 parts, shall develop a plan for the inspection of passengers 

13 and vehicles before such passengers board, or such vehicles 

14 are loaded onto, a ferry bound for a United States port. 

15 SEC. 3111. DEADLINE FOR TRANSPORTATION WORKER 

16 IDENTIFICATION CREDENTIAL SECURITY 

17 CARDS. 

18 Section 70105(a) of title 46, United States Code, is 

19 amended by adding at the end the following: 

20 ‘‘(3) The Secretary shall— 

21 ‘‘(A) promulgate a final rule to implement this 

22 section not later than January 1, 2007; 

23 ‘‘(B) conduct a complete review of the biometric 

24 card readers not later than 90 days after the pro25 mulgation of such rule; and 


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1 ‘‘(C) implement this section not later than July 

2 1, 2007.’’. 

3 SEC. 3112. PORT SECURITY USER FEE STUDY. 

4 The Secretary of Homeland Security, in consultation 

5 with the Secretary of the Treasury and the United States 

6 Trade Representative, shall conduct a study of the need 

7 for, and feasibility of, establishing a system of oceanborne 

8 and port-related intermodal transportation user fees that 

9 could be imposed and collected as a dedicated revenue 

10 source, on a temporary or continuing basis, to provide nec11 essary funding for the improvement and maintenance of 

12 enhanced port security. Not later than 1 year after date 

13 of the enactment of this Act, the Secretary shall submit 

14 a report to the appropriate congressional committees 

15 that— 

16 (1) contains the Secretary’s findings, conclu17 sions, and recommendations (including legislative 

18 recommendations if appropriate) regarding imple19 mentation of user fees; 

20 (2) includes an assessment of the annual 

21 amount of customs fees and duties collected through 

22 oceanborne and port-related transportation and the 

23 amount and percentage of such fees and duties that 

24 are dedicated to improving and maintaining security; 


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1 (3) includes an assessment of the impact of the 

2 fees, charges, and standards on the competitiveness 

3 of United States ports and port terminal operators; 

4 and 

5 (4) includes recommendations for addressing 

6 any negative impact the fees, charges, and standards 

7 have on the competitiveness of United States ports 

8 and port terminal operators. 

9 SEC. 3113. UNANNOUNCED INSPECTIONS OF MARITIME FA10 CILITIES. 

11 Subparagraph (D) of section 70103(c)(4) of title 46, 

12 United States Code, is amended to read as follows: 

13 ‘‘(D) verify the effectiveness of each such 

14 facility security plan periodically, not less than 

15 twice annually, at least one of which shall be an 

16 inspection of the facility that is conducted with17 out notice to the facility.’’. 

18 SEC. 3114. FOREIGN PORT ASSESSMENTS. 

19 Section 70108 of title 46, United States Code, is 

20 amended by adding at the end the following: 

21 ‘‘(d) PERIODIC REASSESSMENT.—The Secretary 

22 shall reassess the effectiveness of antiterrorism measures 

23 maintained at ports as described under subsection (a) and 

24 of procedures described in subsection (b) not less than 

25 every 3 years.’’. 


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1 SEC. 3115. PILOT PROGRAM TO IMPROVE THE SECURITY OF 

2 EMPTY CONTAINERS. 

3 (a) IN GENERAL.—The Secretary, acting through the 

4 Commissioner of Customs, shall conduct a 1-year pilot 

5 program to evaluate and improve the security of empty 

6 containers at United States seaports to ensure the safe 

7 and secure delivery of cargo and to prevent potential acts 

8 of terrorism involving such containers. The pilot program 

9 shall include the use of visual searches of empty containers 

10 at United States seaports. 

11 (b) REPORT.—Not later than 90 days after the com12 pletion of the pilot program under paragraph (1), the Sec13 retary shall prepare and submit to the appropriate con14 gressional committees a report that contains— 

15 (1) the results of pilot program; and 

16 (2) the determination of the Secretary whether 

17 or not to expand the pilot program. 

18 SEC. 3116. DOMESTIC RADIATION DETECTION AND IMAG19 ING. 

20 (a) EXAMINING CONTAINERS.—Not later than De21 cember 31, 2007, all containers entering the United States 

22 through the busiest 22 seaports of entry shall be examined 

23 for radiation. 

24 (b) STRATEGY.—The Secretary shall develop a strat25 egy for the deployment of radiation detection capabilities 

26 that includes— 


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1 (1) a risk-based prioritization of ports of entry 

2 at which radiation detection equipment will be de3 ployed; 

4 (2) a proposed time line of when radiation de5 tection equipment will be deployed at each of the 

6 ports of entry identified under paragraph (1); 

7 (3) the type of equipment to be used at each of 

8 the ports of entry identified under paragraph (1), in9 cluding the joint deployment and utilization of radi10 ation detection equipment and nonintrusive imaging 

11 equipment; 

12 (4) standard operating procedures for exam13 ining containers with such equipment, including sen14 sor alarming, networking and communications and 

15 response protocols; 

16 (5) operator training plans; 

17 (6) the Department policy for the use of non18 intrusive inspection equipment; and 

19 (7) a classified annex that— 

20 (A) details plans for covert testing; and 

21 (B) outlines the risk-based prioritization of 

22 ports of entry used under paragraph (1). 

23 (c) REPORT.—Not later than 90 days after the date 

24 of the enactment of this Act, the Secretary shall submit 


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1 the strategy developed under subsection (b) to appropriate 

2 congressional committees. 

3 (d) OTHER WMD THREATS.—Not later than 180 

4 days after the date of the enactment of this Act, the Sec5 retary shall submit a strategy for the deployment of equip6 ment to detect chemical, biological, and other weapons at 

7 all ports of entry into the United States to appropriate 

8 congressional committees. 

9 (e) IMPLEMENTATION.—Not later than 2 years after 

10 the date of the enactment of this Act, the Secretary shall 

11 fully implement the strategy developed under subsection 

12 (b). 

13 SEC. 3117. EVALUATION OF THE ENVIRONMENTAL HEALTH 

14 AND SAFETY IMPACTS OF NONINTRUSIVE IN15 SPECTION TECHNOLOGY. 

16 (a) RADIATION SAFETY.—Not later than 90 days 

17 after the date of the enactment of this Act, the Director 

18 of the National Institutes of Health, in conjunction with 

19 the Director of the Domestic Nuclear Detection Office and 

20 the Commissioner of Customs, shall— 

21 (1) conduct an evaluation of the health and 

22 safety impacts of non-intrusive inspection tech23 nology; and 


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1 (2) identify appropriate operational protocols 

2 for the use of United States Customs and Border 

3 Protection non-intrusive inspection equipment. 

4 (b) SUBMISSION TO CONGRESS.—The final evalua5 tion conducted under subsection (a) shall be transmitted 

6 to the appropriate congressional committees not later than 

7 180 days after the date of the enactment of this Act. 

8 SEC. 3118. AUTHORIZATION FOR CUSTOMS AND BORDER 

9 PROTECTION PERSONNEL. 

10 The Act of February 13, 1911 (36 Stat. 901, chapter 

11 46; 19 U.S.C. 267) is amended by inserting after section 

12 5 the following new section: 

13 ‘‘SEC. 5A. AUTHORIZATION FOR CUSTOMS AND BORDER 

14 PROTECTION PERSONNEL. 

15 ‘‘(a) IN GENERAL.—In addition to any monies here16 after appropriated to the United States Customs and Bor17 der Protection of the Department of Homeland Security, 

18 there are authorized to be appropriated for the purpose 

19 of increasing the number of Customs and Border Protec20 tion personnel, to remain available until expended, the fol21 lowing: 

22 ‘‘(1) $88,000,000 in fiscal year 2007. 

23 ‘‘(2) $176,000,000 in fiscal year 2008. 

24 ‘‘(3) $189,000,000 in fiscal year 2009. 


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1 ‘‘(b) ADDITIONAL PERSONNEL.—The additional per2 sonnel authorized under subsection (a) shall include: 

3 ‘‘(1) 1,000 additional Customs and Border Pro4 tection Officers at United States ports of entry, of 

5 which the Commissioner of Customs shall assign— 

6 ‘‘(A) at least 1 additional officer at each 

7 port of entry in the United States; and 

8 ‘‘(B) the balance of the additional officers 

9 authorized by this subsection among ports of 

10 entry in the United States based upon the vol11 ume of trade. 

12 ‘‘(2) 100 nonsupervisory import specialists for 

13 the purpose of performing trade facilitation and en14 forcement functions. 

15 ‘‘(c) RESOURCE ALLOCATION MODEL.—Not later 

16 than 1 year after the date of the enactment of this Act, 

17 and every 2 years thereafter, the Commissioner of Cus18 toms shall prepare and submit to the Committee on Fi19 nance of the Senate and the Committee on Ways and 

20 Means of the House of Representatives a Resource Alloca21 tion Model to determine the optimal staffing levels re22 quired to carry out the commercial operations of the 

23 United States Customs and Border Protection, including 

24 inspection and cargo clearance and the revenue functions 

25 described in section 412(b)(2) of the Homeland Security 


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1 Act of 2002 (6 U.S.C. 212(b)(2)). The model shall comply 

2 with the requirements of section 412(b)(1) of such Act 

3 and shall take into account previous staffing models and 

4 historic and projected trade volumes and trends. The Re5 source Allocation Model shall apply both risk-based and 

6 random sampling approaches for determining adequate 

7 staffing needs for priority trade functions, including— 

8 ‘‘(1) performing revenue functions; 

9 ‘‘(2) enforcing antidumping and countervailing 

10 laws; 

11 ‘‘(3) protecting intellectual property rights; 

12 ‘‘(4) enforcing provisions of law relating to tex13 tiles; 

14 ‘‘(5) conducting agricultural inspections; and 

15 ‘‘(6) enforcing penalties.’’. 

16 SEC. 3119. STRATEGIC PLAN. 

17 (a) IN GENERAL.—Not later than 180 days after the 

18 date of the enactment of this Act, the Secretary, in con19 sultation with appropriate Federal, State, local, and tribal 

20 government agencies, public port authorities, and private 

21 sector stakeholders responsible for security matters that 

22 affect or relate to the movement of containers through the 

23 international supply chain, shall submit, to appropriate 

24 congressional committees, a comprehensive strategic plan 

25 to enhance international supply chain. 


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1 (b) CONTENT.—The strategic plan submitted under 

2 subsection (a) shall— 

3 (1) clarify and delineate the roles, responsibil4 ities, and authorities of Federal, State, local, and 

5 tribal government agencies and private sector stake6 holders that relate to the security of the movement 

7 of containers arriving in, departing from, or moving 

8 through seaports of the United States; 

9 (2) provide measurable goals, including objec10 tives, mechanisms, and a schedule, for furthering the 

11 security of commercial operations from point of ori12 gin to point of destination; 

13 (3) build on available resources and consider 

14 costs and benefits; 

15 (4) identify mandatory, baseline security goals, 

16 and the minimum container security standards and 

17 procedures; 

18 (5) include a process for sharing intelligence 

19 and information with private sector stakeholders to 

20 assist in their security efforts; 

21 (6) identify a framework for prudent and meas22 ured response in the event of a transportation secu23 rity incident (as defined in section 70101 of title 46, 

24 United States Code,) in a United States seaport; 


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1 (7) provide a plan for the expeditious resump2 tion of the flow of legitimate trade in accordance 

3 with the amendments made by section 3120 of this 

4 Act; 

5 (8) focus on the secure movement of container6 ized cargo; 

7 (9) consider the linkages between supply chain 

8 security and security programs within other systems 

9 of movement, including travel security and terrorist 

10 financing programs; 

11 (10) expand upon and relate to existing strate12 gies and plans, including the National Strategy for 

13 Maritime Security and the National Maritime Trans14 portation Security Plan; and 

15 (11) ensure that supply chain security man16 dates and voluntary programs, to the extent prac17 ticable, provide even-handed treatment for affected 

18 parties of the same type, regardless of the size of the 

19 particular business. 

20 (c) UPDATE.—Not less than 3 years after the stra21 tegic plan is submitted under subsection (a), the Secretary 

22 shall submit an update of the strategic plan to appropriate 

23 congressional committees. 

24 (d) CONSULTATIONS.—Consultations described in 

25 subsection (a) shall focus on— 


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1 (1) designing measurable goals, including objec2 tives, mechanisms, and a schedule, for furthering the 

3 security of the international supply chain; 

4 (2) identifying and addressing gaps in capabili5 ties, responsibilities, resources, or authorities; 

6 (3) identifying and streamlining unnecessary 

7 overlaps in capabilities, responsibilities, or authori8 ties; and 

9 (4) identifying and making recommendations 

10 regarding legislative, regulatory, and organizational 

11 changes necessary to improve coordination among 

12 the entities or to enhance the security of the inter13 national supply chain. 

14 (e) UTILIZATION OF ADVISORY COMMITTEES.—As 

15 part of the consultative process, the Secretary shall utilize 

16 the Homeland Security Advisory Committee, the National 

17 Maritime Security Advisory Committee, and the Commer18 cial Operations Advisory Committee to review the draft 

19 strategic plan and any subsequent update to that plan. 

20 (f) INTERNATIONAL STANDARDS AND PRACTICES.— 

21 In furtherance of the strategic plan, the Secretary is en22 couraged to consider proposed or established standards 

23 and practices of foreign governments and international or24 ganizations, including, as appropriate, the International 

25 Maritime Organization, the World Customs Organization, 


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1 the International Labor Organization, and the Inter2 national Organization for Standardization to establish 

3 standards and best practices for the security of containers 

4 moving through the international supply chain. 

5 SEC. 3120. RESUMPTION OF TRADE. 

6 (a) Section 70103(a)(2)(J) of title 46, United States 

7 Code, is amended by inserting after the end period: ‘‘The 

8 plan shall provide, to the extent practicable, preference in 

9 the reestablishment of the flow of cargo through United 

10 States ports after a transportation security incident to— 

11 ‘‘(i) vessels that have a vessel security 

12 plan approved under subsection (c) or ves13 sels that have a valid international ship se14 curity certificate; and 

15 ‘‘(ii) vessels manned by individuals 

16 who are described in section 

17 70105(b)(2)(B) and who have undergone a 

18 background records check under section 

19 70105(d) or who hold transportation secu20 rity cards issued under section 70105.’’. 

21 (b) Title III of the Tariff Act of 1930 is amended 

22 by inserting after section 318 the following new section: 

23 ‘‘SEC. 318A. TRADE RESUMPTION PLAN. 

24 ‘‘(a) DEFINITIONS.—In this section: 


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1 ‘‘(1) INSPECTION.—The term ‘inspection’ 

2 means the comprehensive process used by the per3 sonnel of the United States Customs and Border 

4 Protection to assess goods entering the United 

5 States for duty purposes, to detect the presence of 

6 restricted or prohibited items, or to ensure compli7 ance with applicable laws. The process may include 

8 screening, conducting an examination, or conducting 

9 a search. 

10 ‘‘(2) TARGETING.—The term ‘targeting’ means 

11 the process used by the personnel of the United 

12 States Customs and Border Protection to determine 

13 the risk of security or trade violations associated 

14 with cargo bound for the United States. 

15 ‘‘(3) TRANSPORTATION DISRUPTION.—The 

16 term ‘transportation disruption’ means any signifi17 cant delay, interruption, or stoppage in the flow of 

18 international trade caused by a natural disaster, 

19 labor dispute, heightened threat level, an act of ter20 rorism, or any transportation security incident de21 fined in section 1572.3 of title 49, Code of Federal 

22 Regulations. 

23 ‘‘(b) TRADE RESUMPTION PLAN.—Not later than 1 

24 year after the date of the enactment of this Act, the Com25 missioner of Customs shall develop a Trade Resumption 


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1 Plan to provide for the resumption of trade in the event 

2 of a transportation disruption. The Plan shall include— 

3 ‘‘(1) a program to redeploy resources and per4 sonnel, as necessary, to reestablish the flow of inter5 national trade in the event of a transportation dis6 ruption; 

7 ‘‘(2) a training program to periodically instruct 

8 personnel of the United States Customs and Border 

9 Protection in trade resumption functions in the 

10 event of a transportation disruption; 

11 ‘‘(3) a plan to revise cargo targeting and in12 spection protocols to meet the security and trade fa13 cilitation needs of the United States following a 

14 transportation disruption, including, to the extent 

15 practicable, giving priority to— 

16 ‘‘(A) cargo originating from a designated 

17 port described in section 629(j); 

18 ‘‘(B) cargo that has been handled, stored, 

19 shipped, and imported by, or otherwise proc20 essed by, a tier 3 participant in the Customs21 Trade Partnership Against Terrorism (C– 

22 TPAT); 

23 ‘‘(C) cargo that has undergone nuclear or 

24 radiological detection scan, x-ray or density 

25 scan, and optical character recognition scan, at 


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1 the last port of departure prior to arrival in the 

2 United States; 

3 ‘‘(D) cargo transported in containers with 

4 tamper-proof seals; 

5 ‘‘(E) perishable cargo; and 

6 ‘‘(F) any other cargo the Commissioner 

7 considers appropriate; 

8 ‘‘(4) a plan to communicate any revised proce9 dures or instructions to the private sector following 

10 a transportation disruption; and 

11 ‘‘(5) a plan to coordinate trade facilitation ef12 forts among affected ports of entry following a 

13 transportation disruption. 

14 ‘‘(c) CONSULTATIONS.— 

15 ‘‘(1) IN GENERAL.—The Commissioner of Cus16 toms shall consult with appropriate government 

17 agencies, port authorities, terminal operators, and 

18 the Customs Commercial Operations Advisory Com19 mittee (COAC) in the development of the Trade Re20 sumption Plan. 

21 ‘‘(2) PUBLIC COMMENT.—The Commissioner of 

22 Customs shall afford port authorities, terminal oper23 ators, and the COAC 60 days in which to comment 

24 on a draft Trade Resumption Plan before finalizing 

25 such plan. 


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1 ‘‘(d) EXERCISES.—The Commissioner of Customs 

2 shall coordinate annual exercises with appropriate Fed3 eral, State, and local agencies, port authorities, terminal 

4 operators, and tier 3 participants in the C–TPAT to prac5 tice and prepare for implementation of the Trade Resump6 tion Plan. Such exercises shall be coordinated with the 

7 Coast Guard’s area maritime security plan exercises. 

8 ‘‘(e) REPORT AND CONSULTATION.—Not later than 

9 180 days after the date that the annual exercises described 

10 in subsection (d) are completed, the Commissioner of Cus11 toms shall submit a report to the Committee on Finance 

12 of the Senate and the Committee on Ways and Means of 

13 the House of Representatives on the status of the Trade 

14 Resumption Plan required by subsection (b) and the result 

15 of exercises required by subsection (d), and shall consult 

16 with the committees regarding any proposals to revise the 

17 Plan.’’. 

18 SEC. 3121. AUTOMATED TARGETING SYSTEM. 

19 Title III of the Tariff Act of 1930, as added by sec20 tion 3120 of this Act, is amended by inserting after sec21 tion 318A the following: 

22 ‘‘SEC. 318B. AUTOMATED TARGETING SYSTEM. 

23 ‘‘(a) IN GENERAL.—The Secretary of Homeland Se24 curity, acting through the Commissioner of Customs, shall 

25 develop and maintain an antiterrorism cargo identification 


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1 and screening system for containerized cargo shipped to 

2 the United States either directly or via a foreign port to 

3 assess imports and target those imports that pose a high 

4 risk of containing contraband. 

5 ‘‘(b) 24-HOUR ADVANCE NOTIFICATION.—In order 

6 to provide the best possible data for the Automated Tar7 geting System, the Commissioner shall require importers 

8 shipping goods to the United States via cargo container 

9 to supply advanced trade data or a subset thereof not later 

10 than 24 hours before loading a container under the ad11 vance notification requirements under section 484(a)(2). 

12 The requirement shall apply to goods entered on or after 

13 July 1, 2007. 

14 ‘‘(c) NEW OR EXPANDED INFORMATION SUBMIS15 SIONS.— 

16 ‘‘(1) IN GENERAL.—Any additional information 

17 submissions allowable within the Commissioner’s ex18 isting authority or submitted voluntarily by supply 

19 chain participants shall be transmitted in a secure 

20 fashion, as determined by the Commissioner and in 

21 accordance with this subsection, to protect the infor22 mation from unauthorized access. 

23 ‘‘(2) CONFIDENTIALITY OF INFORMATION.—In24 formation that is required of, or voluntarily sub25 mitted by, supply chain participants to the United 


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1 States Customs and Border Protection for purposes 

2 of this section— 

3 ‘‘(A) shall be exempt from disclosure under 

4 section 552 of title 5, United States Code (com5 monly referred to as the Freedom of Informa6 tion Act); 

7 ‘‘(B) shall not, without the written consent 

8 of the person or entity submitting such infor9 mation, be used directly by the Department or 

10 a third party, in any civil action arising under 

11 Federal or State law if such information is sub12 mitted in good faith; and 

13 ‘‘(C) shall not, without the written consent 

14 of the person or entity submitting such infor15 mation, be used or disclosed by any officer or 

16 employee of the United States for purposes 

17 other than the purposes of this section, ex18 cept— 

19 ‘‘(i) in furtherance of an investigation 

20 or other prosecution of a criminal act; or 

21 ‘‘(ii) when disclosure of the informa22 tion would be— 

23 ‘‘(I) to either House of Congress, 

24 or to the extent of matter within its 

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1 committee thereof, any joint com2 mittee thereof or subcommittee of any 

3 such joint committee; or 

4 ‘‘(II) to the Comptroller General, 

5 or any authorized representative of 

6 the Comptroller General, in the course 

7 of the performance of the duties of 

8 the Comptroller General. 

9 ‘‘(3) INDEPENDENTLY OBTAINED INFORMA10 TION.—Nothing in this subsection shall be construed 

11 to limit or otherwise affect the ability of a Federal, 

12 State, or local, government entity, under applicable 

13 law, to obtain supply chain security information, in14 cluding any information lawfully and properly dis15 closed generally or broadly to the public and to use 

16 such information in any manner permitted by law. 

17 ‘‘(4) PENALTIES.—Any person who is an officer 

18 or employee of the United States and knowingly 

19 publishes, divulges, discloses, or makes known in any 

20 manner or to any extent not authorized by law, any 

21 supply chain security information protected in this 

22 section from disclosure, shall be— 

23 ‘‘(A) fined under title 18, United States 

24 Code, imprisoned not more than 1 year, or 

25 both; and 


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1 ‘‘(B) removed from office or employment. 

2 ‘‘(5) AUTHORITY TO ISSUE WARNINGS.—The 

3 Secretary may provide advisories, alerts, and warn4 ings to relevant companies, targeted sectors, other 

5 governmental entities, or the general public regard6 ing potential risks to the supply chain as appro7 priate. In issuing a warning under this paragraph, 

8 the Secretary shall take appropriate actions to pro9 tect from disclosure— 

10 ‘‘(A) the source of any voluntarily sub11 mitted supply chain security information that 

12 forms the basis for the warning; and 

13 ‘‘(B) information that is proprietary, busi14 ness sensitive, relates specifically to the submit15 ting person or entity, or is otherwise not appro16 priately in the public domain. 

17 ‘‘(6) SYSTEM IMPROVEMENTS.—The Automated 

18 Targeting System used by the United States Cus19 toms and Border Protection to identify cargo for in20 creased inspection prior to the clearance of such 

21 cargo into the United States shall include a compo22 nent to permit— 

23 ‘‘(A) the electronic comparison of similar 

24 manifest and available entry data for cargo en25 tered into or bound for the United States, in 


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1 order to efficiently identify cargo for increased 

2 inspection or expeditious release following a 

3 transportation disruption; and 

4 ‘‘(B) the electronic isolation of select data 

5 elements relating to cargo entered into or 

6 bound for the United States, in order to effi7 ciently identify cargo for increased inspection or 

8 expeditious release following a transportation 

9 disruption. 

10 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— 

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

12 appropriated to the Secretary of Homeland Security 

13 to carry out the Automated Targeting System to 

14 identify high-risk oceanborne container cargo for in15 spection— 

16 ‘‘(A) $30,700,000 for fiscal year 2007; 

17 ‘‘(B) $33,200,000 for fiscal year 2008; and 

18 ‘‘(C) $35,700,000 for fiscal year 2009. 

19 ‘‘(2) SUPPLEMENT.—The amounts authorized 

20 by this subsection shall be in addition to any other 

21 amounts authorized to be appropriated to carry out 

22 that the Automated Targeting System.’’. 

23 SEC. 3122. CONTAINER SECURITY INITIATIVE. 

24 (a) AUTHORIZATION.—The Secretary, acting through 

25 the Commissioner of Customs, is authorized to establish 


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1 and implement a program (to be known as the ‘‘Container 

2 Security Initiative’’ or ‘‘CSI’’) to identify and examine 

3 maritime containers that pose a security risk at foreign 

4 ports before the containers are shipped to the United 

5 States. 

6 (b) ASSESSMENT.—Before the Secretary designates 

7 any foreign port under CSI, the Secretary, in coordination 

8 with other Federal officials, as appropriate, shall conduct 

9 an assessment of the port to evaluate the costs, benefits, 

10 and other factors associated with such designation, includ11 ing— 

12 (1) the level of risk for the potential com13 promise of containers by terrorists or terrorist weap14 ons; 

15 (2) the smuggling of narcotics; 

16 (3) large scale violations of united States trade 

17 laws, including intellectual property rights and tex18 tile transshipment; 

19 (4) the economic impact of cargo traveling from 

20 the foreign port to the United States in terms of 

21 trade value and volume; 

22 (5) the results of the Coast Guard assessments 

23 conducted pursuant to section 70108 of title 46, 

24 United States Code; 


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1 (6) the capabilities and level of cooperation ex2 pected of the government of the intended host coun3 try; 

4 (7) the willingness of the government of the in5 tended host country to permit validation of security 

6 practices within the country in which the foreign 

7 port is located, for the purposes of C–TPAT or simi8 lar programs; and 

9 (8) the potential for C–TPAT cargo traveling 

10 through the foreign port. 

11 (c) ANNUAL REPORT.—Not later than March 1 of 

12 each year in which the Secretary proposes to designate 

13 a foreign port under CSI, the Secretary shall submit a 

14 report, in classified or unclassified form, detailing the as15 sessment of each foreign port the Secretary is considering 

16 designating under CSI, to appropriate congressional com17 mittees. 

18 (d) CURRENT CSI PORTS.—The report under sub19 section (c) shall include an annual assessment justifying 

20 the continuance of each port designated under CSI as of 

21 the date of enactment of this Act. 

22 (e) DESIGNATION OF NEW PORTS.—The Secretary 

23 shall not designate a foreign port under CSI unless the 

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1 section (b) for that port and submitted a report under sub2 section (c) that includes that port. 

3 (f) NEGOTIATIONS.—The Secretary may request that 

4 the Secretary of State, in conjunction with the United 

5 States Trade Representative, enter into trade negotiations 

6 with the government of each foreign country with a port 

7 designated under CSI, as appropriate, to ensure full com8 pliance with the requirements under CSI. 

9 (g) INSPECTIONS.— 

10 (1) REQUIREMENTS AND PROCEDURES.—The 

11 Secretary shall— 

12 (A) establish technical capability require13 ments and standard operating procedures for 

14 the use of nonintrusive inspection and radiation 

15 detection equipment in conjunction with CSI; 

16 (B) require that the equipment operated at 

17 each port designated under CSI be operated in 

18 accordance with the requirements and proce19 dures established under subparagraph (A); and 

20 (C) continually monitor the technologies, 

21 processes, and techniques used to inspect cargo 

22 at ports designated under CSI. 

23 (2) CONSIDERATIONS.— 

24 (A) CONSISTENCY OF STANDARDS AND

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1 pability requirements and standard operating 

2 procedures under paragraph (1)(A), the Sec3 retary shall take into account any such relevant 

4 standards and procedures utilized by other Fed5 eral departments or agencies as well as those 

6 developed by international bodies. 

7 (B) APPLICABILITY.—The technical capa8 bility requirements and standard operating pro9 cedures established pursuant to paragraph 

10 (1)(A) shall not apply to activities conducted 

11 under the Megaports Initiative of the Depart12 ment of Energy. 

13 (3) FOREIGN ASSISTANCE.— 

14 (A) IN GENERAL.—The Secretary, in co15 ordination with the Secretary of State, the Sec16 retary of Energy, and other Federal agencies, 

17 shall identify foreign assistance programs that 

18 could facilitate the implementation of cargo se19 curity antiterrorism measures at ports des20 ignated under CSI and foreign ports not des21 ignated under CSI that lack effective 

22 antiterrorism measures. 

23 (B) ACQUISITION.—The Secretary may— 

24 (i) lease, loan, provide, or otherwise 

25 assist in the deployment of non-intrusive 


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1 inspection and handheld radiation detec2 tion equipment at foreign seaports under 

3 such terms and conditions as the Secretary 

4 prescribes, including nonreimbursable loans 

5 or the transfer of ownership of equipment; 

6 and 

7 (ii) provide training and technical as8 sistance for domestic or foreign personnel 

9 responsible for operating or maintaining 

10 such equipment. 

11 (C) TRAINING.—The Secretary may pro12 vide training on the use of inspection equip13 ment, or other training that the Secretary de14 termines to be appropriate to secure the inter15 national supply chain, to foreign personnel at 

16 each port designated under CSI. 

17 (h) PERSONNEL.—The Secretary shall— 

18 (1) annually assess the personnel needs at each 

19 port designated under CSI; and 

20 (2) deploy personnel in accordance with the as21 sessment under paragraph (1). 

22 (i) AUTHORIZATION OF APPROPRIATIONS.—There 

23 are authorized to be appropriated to the Secretary to carry 

24 out this section— 

25 (1) $142,000,000 for fiscal year 2007; 


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1 (2) $144,000,000 for fiscal year 2008; and 

2 (3) $146,000,000 for fiscal year 2009. 

3 SEC. 3123. CUSTOMS-TRADE PARTNERSHIP AGAINST TER4 RORISM VALIDATION PROGRAM. 

5 (a) ESTABLISHMENT.— 

6 (1) ESTABLISHMENT.—The Secretary is au7 thorized to establish a voluntary program (to be 

8 known as the ‘‘Customs-Trade Partnership Against 

9 Terrorism’’ or ‘‘C–TPAT’’) to strengthen and im10 prove the overall security of the international supply 

11 chain and United States border security. 

12 (2) MINIMUM SECURITY REQUIREMENTS.—The 

13 Secretary shall review the minimum security require14 ments of C–TPAT at least once every year and up15 date such requirements as necessary. 

16 (b) ELIGIBLE ENTITIES.—Importers, customs bro17 kers, forwarders, air, sea, land carriers, contract logistics 

18 providers, and other entities in the international supply 

19 chain and intermodal transportation system are eligible to 

20 apply to voluntarily enter into partnerships with the De21 partment under C–TPAT. 

22 (c) MINIMUM REQUIREMENTS.—An applicant seek23 ing to participate in C–TPAT shall— 

24 (1) demonstrate a history of moving commerce 

25 in the international supply chain; 


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1 (2) conduct an assessment of its supply chains 

2 based upon security criteria established by the Sec3 retary, including— 

4 (A) business partner requirements; 

5 (B) container security; 

6 (C) physical security and access controls; 

7 (D) personnel security; 

8 (E) procedural security; 

9 (F) security training and threat awareness; 

10 and 

11 (G) information technology security; 

12 (3) implement and maintain security measures 

13 and supply chain security practices meeting security 

14 criteria; and 

15 (4) meet all other requirements established by 

16 the Secretary. 

17 (d) TIER ONE PARTICIPANTS.— 

18 (1) BENEFITS.—The Secretary may offer lim19 ited benefits to C–TPAT participants whose security 

20 measures and supply chain security practices have 

21 been certified in accordance with the guidelines es22 tablished pursuant to subsection (c). 

23 (2) GUIDELINES.—The Secretary shall update 

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1 curity measures and supply chain security practices 

2 under this section. 

3 (e) TIER TWO PARTICIPANTS.— 

4 (1) IN GENERAL.—Not later than 1 year after 

5 a C–TPAT participant has been certified under sub6 section (d), the Secretary shall validate the security 

7 measures and supply chain security practices of that 

8 participant. Such validation shall include assess9 ments at appropriate foreign locations utilized by 

10 the participant as part of the supply chain. 

11 (2) CONSEQUENCES FOR FAILED VALIDA12 TION.—If a C–TPAT participant’s security meas13 ures and supply chain security practices fail to meet 

14 the validation requirements under this section, the 

15 Commissioner of Customs may— 

16 (A) deny the participant benefits under C– 

17 TPAT on a temporary or permanent basis; or 

18 (B) suspend or expel the participant from 

19 C–TPAT. 

20 (3) RIGHT OF APPEAL.—A C–TPAT partici21 pant described in this subsection may file an appeal 

22 with the Secretary of the Commissioner’s decision 

23 under paragraph (2) to deny benefits under C– 

24 TPAT or under paragraph (2) to suspend or expel 

25 the participant from C–TPAT. 


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1 (4) BENEFITS.—The Secretary shall extend 

2 benefits to each C–TPAT participant that has been 

3 validated under this section, which may include— 

4 (A) reduced examinations; and 

5 (B) priority processing for searches. 

6 (f) TIER THREE PARTICIPANTS.— 

7 (1) IN GENERAL.—The Secretary shall establish 

8 a third tier of C–TPAT that offers additional bene9 fits to C–TPAT participants that demonstrate a sus10 tained commitment beyond the minimum criteria for 

11 participation in C–TPAT. 

12 (2) ADDITIONAL CRITERIA.—The Secretary 

13 shall designate criteria for C–TPAT participants 

14 under this section that may include criteria to en15 sure— 

16 (A) cargo is loaded on a vessel with a ves17 sel security plan approved under section 

18 70103(c) of title 46, United States Code, or on 

19 a vessel with a valid International Ship Security 

20 Certificate as provided for under part 104 of 

21 title 33, Code of Federal Regulations; 

22 (B) container security devices, policies, or 

23 practices that exceed the standards and proce24 dures established by the Secretary are utilized; 

25 and 


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1 (C) cargo complies with any other require2 ments determined by the Secretary. 

3 (3) BENEFITS.—The Secretary, in consultation 

4 with the Commercial Operations Advisory Com5 mittee (COAC) and the National Maritime Security 

6 Advisory Committee, may provide benefits to C– 

7 TPAT participants under this section, which may in8 clude— 

9 (A) the expedited release of tier three 

10 cargo into destination ports within the United 

11 States during all threat levels designated by the 

12 Secretary; 

13 (B) preference to vessels; 

14 (C) further reduced examinations; 

15 (D) priority processing for examinations; 

16 and, 

17 (E) further reduced scores in the Auto18 mated Targeting System. 

19 (4) DEFINITION.—In this section, the term 

20 ‘‘container security device’’ means a mechanical or 

21 electronic device designed to, at a minimum, posi22 tively identify containers and detect and record un23 authorized intrusion of containers. Such devices 

24 shall have false alarm rates that have been dem25 onstrated to be below one percent. 


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1 (g) CONSEQUENCES FOR LACK OF COMPLIANCE.— 

2 (1) IN GENERAL.—If a C–TPAT participant’s 

3 security measures and supply chain security prac4 tices fail to meet any of the requirements under this 

5 title, the Commissioner may deny the participant 

6 benefits in whole or in part under this section. 

7 (2) FALSE OR MISLEADING INFORMATION.—If 

8 a C–TPAT participant intentionally provides false or 

9 misleading information during the validation process 

10 of the participant under this section, the Commis11 sioner of Customs shall suspend or expel the partici12 pant from C–TPAT for a period of not less than 5 

13 years. 

14 (3) RIGHT OF APPEAL.—A C–TPAT partici15 pant may file an appeal with the Secretary of the 

16 Commissioner’s decision under this subsection to 

17 deny benefits or suspend or expel the participant 

18 from C–TPAT. 

19 (h) REVALIDATION.—The Secretary shall establish a 

20 process for revalidating C–TPAT participants under this 

21 title. Such revalidation shall occur not less frequently than 

22 once during every 4-year period following the initial valida23 tion. 

24 (i) NON-CONTAINERIZED CARGO.—The Secretary 

25 may consider the potential for participation in C–TPAT 


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1 by importers of non-containerized cargoes that otherwise 

2 meet the requirements under this section. 

3 (j) STRATEGIC PLAN.—A 5-year Strategic Plan to 

4 identify outcome-based goals and performance measures 

5 of the Program. 

6 (1) ANNUAL PLAN.—An annual plan for each 

7 fiscal year designed to match available resources to 

8 the projected workload. 

9 (2) RESOURCE MANAGEMENT STAFFING

10 PLAN.—The Commissioner shall— 

11 (A) develop a staffing plan to recruit, 

12 train, and retain staff (including a formalized 

13 training program) to meet the objectives identi14 fied in the strategic plan; 

15 (B) conduct a study of the Program’s 

16 training needs and develop a comprehensive 

17 training program to support the certification, 

18 validation, and revalidation processes of the 

19 Program; and 

20 (C) provide cross-training in post-incident 

21 trade resumption for personnel engaged in the 

22 Program. 

23 (k) ADDITIONAL PERSONNEL.—In each of the fiscal 

24 years 2007 through 2009, the Secretary shall increase by 

25 not less than 50 (over the previous fiscal year) the number 


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1 of positions for validation and revalidation activities of the 

2 C–TPAT, and shall provide appropriate training and sup3 port for the positions. 

4 (l) CONFIDENTIAL INFORMATION SAFEGUARDS.—In 

5 consultation with COAC, the Commissioner shall develop 

6 and implement procedures to ensure the protection of con7 fidential data collected, stored, or shared with government 

8 agencies or as part of the application, validation, or re9 validation. The procedures shall include— 

10 (1) measures for protecting data shared with 

11 any government agency; 

12 (2) measures for providing a secure system for 

13 document storage accessible only to the appropriate 

14 personnel; 

15 (3) measures for storing all electronic files in a 

16 manner that prevents theft, copying, or deletion; and 

17 (4) measures for labeling all records to clearly 

18 mark what is considered confidential or a trade se19 cret. 

20 (m) AUTHORIZATION OF APPROPRIATIONS.—There 

21 are authorized to be appropriated $75,000,000 for each 

22 of the fiscal years 2007 through 2009 to carry out this 

23 section. 


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1 SEC. 3124. TECHNICAL REQUIREMENTS FOR NON-INTRU2 SIVE INSPECTION EQUIPMENT. 

3 (a) IN GENERAL.—Not later than 180 days after the 

4 date of the enactment of this Act, the Director of the Do5 mestic Nuclear Detection Office, in consultation with the 

6 Director of the National Institute of Science and Tech7 nology and the Commissioner of Customs, shall initiate 

8 a rulemaking— 

9 (1) to establish minimum technical require10 ments for the capabilities of non-intrusive inspection 

11 equipment for cargo, including imaging and radi12 ation devices; and 

13 (2) to ensure that all equipment used can detect 

14 risks and threats as determined appropriate by the 

15 Secretary. 

16 (b) ENDORSEMENTS; SOVEREIGNTY CONFLICTS.—In 

17 establishing such requirements, the Director of the Do18 mestic Nuclear Detection Office shall be careful to avoid 

19 the endorsement of products associated with specific com20 panies. 

21 (c) FINAL RULE DEADLINE.—The Director of the 

22 Domestic Nuclear Detection Office shall issue a final rule 

23 under subsection (a) not later than 1 year after the rule24 making proceeding is initiated. 


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1 SEC. 3125. RANDOM INSPECTION OF CONTAINERS. 

2 Not later than 1 year after the date of the enactment 

3 of this Act, the Commissioner of Customs shall develop 

4 and implement a plan, utilizing best practices for empir5 ical scientific research design and random sampling stand6 ards for random physical inspection of shipping containers 

7 in addition to any targeted or pre-shipment inspection of 

8 such containers required by law or regulation or conducted 

9 under any other program conducted by the Commissioner. 

10 Nothing in this section shall be construed to mean that 

11 implementation of the random sampling plan would pre12 clude the additional physical inspection of shipping con13 tainers not inspected pursuant to the plan. 

14 SEC. 3126. INTERNATIONAL TRADE DATA SYSTEM. 

15 (a) IN GENERAL.—Section 411 of the Tariff Act of 

16 1930 (19 U.S.C. 1411) is amended by adding at the end 

17 the following new subsections: 

18 ‘‘(d) INTERNATIONAL TRADE DATA SYSTEM.— 

19 ‘‘(1) ESTABLISHMENT.— 

20 ‘‘(A) IN GENERAL.—The Secretary of the 

21 Treasury (in this section, referred to as the 

22 ‘Secretary’) shall oversee the establishment of 

23 an electronic trade data interchange system to 

24 be known as the ‘International Trade Data Sys25 tem’ (ITDS). The ITDS shall be implemented 

26 not later than the date that the Automated 


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1 Commercial Environment (commonly referred 

2 to as ‘ACE’) is implemented. 

3 ‘‘(B) PURPOSE.—The purpose of the ITDS 

4 is to eliminate redundant information require5 ments, to efficiently regulate the flow of com6 merce, and to effectively enforce laws and regu7 lations relating to international trade, by estab8 lishing a single portal system, operated by the 

9 United States Customs and Border Protection, 

10 for the collection and distribution of standard 

11 electronic import and export data required by 

12 all Federal agencies. 

13 ‘‘(C) PARTICIPATION.— 

14 ‘‘(i) IN GENERAL.—All Federal agen15 cies that require documentation for clear16 ing or licensing the importation and expor17 tation of cargo shall participate in the 

18 ITDS. 

19 ‘‘(ii) WAIVER.—The Director of the 

20 Office of Management and Budget may 

21 waive, in whole or in part, the requirement 

22 for participation for any Federal agency 

23 based on national security. 

24 ‘‘(D) CONSULTATION.—The Secretary 

25 shall consult with and assist agencies in the 


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1 transition from paper to electronic format for 

2 the submission, issuance, and storage of docu3 ments relating to data required to enter cargo 

4 into the United States. 

5 ‘‘(2) DATA ELEMENTS.— 

6 ‘‘(A) IN GENERAL.—The Interagency 

7 Steering Committee established under para8 graph (3) shall, in consultation with the agen9 cies participating in the ITDS, define the 

10 standard set of data elements to be collected, 

11 stored, and shared in the ITDS. The Steering 

12 Committee shall periodically review the data 

13 elements in order to update the data elements, 

14 as necessary. 

15 ‘‘(B) HARMONIZATION.—The Interagency 

16 Steering Committee shall ensure that the ITDS 

17 data requirements are compatible with the com18 mitments or obligations established by the 

19 World Customs Organization (WCO) and the 

20 World Trade Organization (WTO) for the entry 

21 of cargo. 

22 ‘‘(C) COORDINATION.—The Secretary of 

23 the Treasury shall be responsible for coordi24 nating operation of the ITDS among the par25 ticipating agencies and the office within the 


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1 United States Customs and Border Protection 

2 that is responsible for maintaining the ITDS. 

3 ‘‘(3) STEERING COMMITTEE.—There is estab4 lished an Interagency Steering Committee. The 

5 members of the committee shall include the Sec6 retary of the Treasury (who shall serve as the chair7 person of the committee), the Director of the Office 

8 of Management and Budget, and the head of each 

9 agency participating in the ITDS. The Steering 

10 Committee shall assist the Secretary of the Treasury 

11 in overseeing the implementation of, and participa12 tion in, the ITDS. 

13 ‘‘(4) REPORT.—The Steering Committee shall 

14 submit a report annually to the Committee on Fi15 nance of the Senate and the Committee on Ways 

16 and Means of the House of Representatives. Each 

17 report shall include information on— 

18 ‘‘(A) the status of the ITDS implementa19 tion; 

20 ‘‘(B) the extent of participation in the 

21 ITDS by Federal agencies; 

22 ‘‘(C) the remaining barriers to any agen23 cy’s participation; 

24 ‘‘(D) the extent to which the ITDS is con25 sistent with applicable standards established by 


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1 the World Customs Organization and the World 

2 Trade Organization; 

3 ‘‘(E) recommendations for technological 

4 and other improvements to the ITDS; and 

5 ‘‘(F) the status of the Bureau’s develop6 ment, implementation, and management of the 

7 Automated Commercial Environment. 

8 ‘‘(e) TREASURY OVERSIGHT.—The Secretary of the 

9 Treasury shall ensure that no fewer than 5 full-time 

10 equivalents in the Office of Tax, Trade, and Tariff Policy 

11 are available— 

12 ‘‘(1) to carry out oversight of the customs rev13 enue functions delegated to the Secretary of Home14 land Security pursuant to section 412 of the Home15 land Security Act of 2002 (6 U.S.C. 212); and 

16 ‘‘(2) to carry out oversight of the International 

17 Trade Data System established under this section. 

18 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 

19 are authorized to be appropriated for each of the fiscal 

20 years 2007, 2008, and 2009, $750,000 for salaries and 

21 expenses required to carry out subsection (e).’’. 

22 TITLE XXXII—RAIL SECURITY 

23 SEC. 3201. SHORT TITLE. 

24 This title may be cited as the ‘‘Rail Security Act of 

25 2006’’. 


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1 SEC. 3202. RAIL TRANSPORTATION SECURITY RISK ASSESS2 MENT. 

3 (a) IN GENERAL.— 

4 (1) VULNERABILITY AND RISK ASSESSMENT.— 

5 The Secretary of Homeland Security shall establish 

6 a task force, consisting of representatives of the 

7 Transportation Security Administration, the Depart8 ment of Transportation, and other appropriate Fed9 eral agencies, which shall complete a vulnerability 

10 and risk assessment of freight and passenger rail 

11 transportation (including railroads, as that term is 

12 defined in section 20102(1) of title 49, United 

13 States Code). The assessment shall include— 

14 (A) a methodology for conducting the risk 

15 assessment, including timelines, that addresses 

16 how the Secretary of Homeland Security will 

17 work with the entities describe in subsection (b) 

18 and make use of existing expertise within the 

19 Department of Homeland Security, the Depart20 ment of Transportation, and other appropriate 

21 Federal agencies; 

22 (B) the identification and evaluation of 

23 critical assets and infrastructures; 

24 (C) the identification of vulnerabilities and 

25 risks to those assets and infrastructures; 


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1 (D) the identification of vulnerabilities and 

2 risks that are specific to the transportation of 

3 hazardous materials by railroad; 

4 (E) the identification of security weak5 nesses in passenger and cargo security, trans6 portation infrastructure, protection systems, 

7 procedural policies, communications systems, 

8 employee training, emergency response plan9 ning, and any other area identified by the as10 sessment; and 

11 (F) an account of actions taken or planned 

12 by public and private entities to address identi13 fied rail security issues and assess the effective 

14 integration of such actions. 

15 (2) RECOMMENDATIONS.—Based on the assess16 ment conducted under paragraph (1), the Secretary 

17 of Homeland Security, in consultation with the Sec18 retary of Transportation, shall develop prioritized 

19 recommendations for improving rail security, includ20 ing any recommendations the Secretary has for— 

21 (A) improving the security of rail tunnels, 

22 rail bridges, rail switching and car storage 

23 areas, other rail infrastructure and facilities, in24 formation systems, and other areas identified 

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1 lated risks to public safety and the movement 

2 of interstate commerce, taking into account the 

3 impact that any proposed security measure 

4 might have on the provision of rail service; 

5 (B) deploying equipment to detect explo6 sives and hazardous chemical, biological, and 

7 radioactive substances, and any appropriate 

8 countermeasures; 

9 (C) training appropriate railroad or rail10 road shipper employees in terrorism prevention, 

11 passenger evacuation, and response activities; 

12 (D) conducting public outreach campaigns 

13 on passenger railroads; 

14 (E) deploying surveillance equipment; and 

15 (F) identifying the immediate and long16 term costs of measures that may be required to 

17 address those risks. 

18 (3) PLANS.—The report required under sub19 section (c) shall include— 

20 (A) a plan, developed in consultation with 

21 the freight and intercity passenger railroads 

22 and State and local governments, for the Fed23 eral Government to provide increased security 

24 support at high or severe threat levels of alert; 


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1 (B) a plan for coordinating existing and 

2 planned rail security initiatives undertaken by 

3 the public and private sectors; and 

4 (C) a contingency plan, developed in con5 junction with freight and intercity and com6 muter passenger railroads, to ensure the contin7 ued movement of freight and passengers in the 

8 event of an attack affecting the railroad system, 

9 which shall contemplate— 

10 (i) the possibility of rerouting traffic 

11 due to the loss of critical infrastructure, 

12 such as a bridge, tunnel, yard, or station; 

13 and 

14 (ii) methods of continuing railroad 

15 service in the Northeast Corridor in the 

16 event of a commercial power loss, or catas17 trophe affecting a critical bridge, tunnel, 

18 yard, or station. 

19 (b) CONSULTATION; USE OF EXISTING RE20 SOURCES.—In carrying out the assessment and developing 

21 the recommendations and plans required by subsection 

22 (a), the Secretary of Homeland Security shall consult with 

23 rail management, rail labor, owners or lessors of rail cars 

24 used to transport hazardous materials, first responders, 


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1 shippers of hazardous materials, public safety officials, 

2 and other relevant parties. 

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

4 of the enactment of this Act, the Secretary shall submit 

5 a report to the Committee on Commerce, Science, and 

6 Transportation of the Senate, the Committee on Trans7 portation and Infrastructure of the House of Representa8 tives, and the Committee on Homeland Security of the 

9 House of Representatives. The report shall contain the as10 sessment, prioritized recommendations, and plans required 

11 under subsection (a) and an estimate of the cost to imple12 ment such recommendations. The Secretary may submit 

13 the report in both classified and redacted formats if the 

14 Secretary determines that such action is appropriate or 

15 necessary. 

16 (d) ANNUAL UPDATES.—The Secretary of Homeland 

17 Security, in consultation with the Secretary of Transpor18 tation, shall update the assessment and recommendations 

19 each year and transmit a report, which may be submitted 

20 in both classified and redacted formats, to the committees 

21 named in subsection (c)(1), containing the updated assess22 ment and recommendations. 

23 (e) FUNDING.—From the funds appropriated for fis24 cal year 2007, pursuant to section 114(u) of title 49, 

25 United States Code (as added by section 3217(a)), 


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1 $5,000,000 shall be made available to the Secretary of 

2 Homeland Security to carry out this section. 

3 SEC. 3203. SYSTEMWIDE AMTRAK SECURITY UPGRADES. 

4 (a) IN GENERAL.—Subject to subsection (c), the Sec5 retary of Homeland Security, in consultation with the As6 sistant Secretary of the Transportation Security Adminis7 tration, may award grants to Amtrak— 

8 (1) to secure major tunnel access points and en9 sure tunnel integrity in New York, Baltimore, and 

10 Washington, D.C.; 

11 (2) to secure Amtrak trains; 

12 (3) to secure Amtrak stations; 

13 (4) to obtain a watch list identification system 

14 approved by the Secretary; 

15 (5) to obtain train tracking and interoperable 

16 communications systems that are coordinated to the 

17 maximum extent possible; 

18 (6) to hire additional police and security offi19 cers, including canine units; 

20 (7) to expand emergency preparedness efforts; 

21 and 

22 (8) for employee security training. 

23 (b) CONDITIONS.—The Secretary of Transportation 

24 shall disburse funds provided to Amtrak under subsection 

25 (a) for projects contained in an Amtrak systemwide secuVerDate Aug 31 2005 00:17 Sep 14, 2006 Jkt 049200 PO 00000 Frm 00463 Fmt 6652 Sfmt 6201 E:\BILLS\S3875.PCS S3875

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1 rity plan approved by the Secretary of Homeland Security. 

2 The plan shall include appropriate measures to address 

3 security awareness, emergency response, and passenger 

4 evacuation training. 

5 (c) EQUITABLE GEOGRAPHIC ALLOCATION.—The 

6 Secretary of Homeland Security shall ensure that, subject 

7 to meeting the highest security needs on Amtrak’s entire 

8 system and consistent with the risk assessment required 

9 under section 3202, stations and facilities located outside 

10 of the Northeast Corridor receive an equitable share of 

11 the security funds authorized by this section. 

12 (d) FUNDING.— 

13 (1) IN GENERAL.—From the funds appro14 priated pursuant to section 114(u) of title 49, 

15 United States Code (as added by section 3217(a)), 

16 there shall be made available to the Secretary of 

17 Homeland Security and the Assistant Secretary of 

18 the Transportation Security Administration to carry 

19 out this section— 

20 (A) $63,500,000 for fiscal year 2007; 

21 (B) $30,000,000 for fiscal year 2008; and 

22 (C) $30,000,000 for fiscal year 2009. 

23 (2) AVAILABILITY.—Amounts appropriated pur24 suant to this subsection shall remain available until 

25 expended. 


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1 SEC. 3204. FIRE AND LIFE-SAFETY IMPROVEMENTS. 

2 (a) LIFE-SAFETY NEEDS.—The Secretary of Trans3 portation, in consultation with the Secretary of Homeland 

4 Security, may award grants to Amtrak for fire and life5 safety improvements to Amtrak tunnels on the Northeast 

6 Corridor in New York, Baltimore, and Washington, D.C. 

7 (b) FUNDING.—From the funds appropriated pursu8 ant to section 3217(b), there shall be made available to 

9 the Secretary of Transportation for the purposes of car10 rying out subsection (a)— 

11 (1) $190,000,000 for each of the fiscal years 

12 2007, 2008, and 2009 for the 6 New York tunnels 

13 to provide ventilation, electrical, and fire safety tech14 nology upgrades, emergency communication and 

15 lighting systems, and emergency access and egress 

16 for passengers; 

17 (2) $19,000,000 for each of the fiscal years 

18 2007, 2008, and 2009 for the Baltimore & Potomac 

19 and Union tunnels, to provide adequate drainage, 

20 ventilation, communication, lighting, and passenger 

21 egress upgrades; and 

22 (3) $13,333,000 for each of the fiscal years 

23 2007, 2008, and 2009 for the Union Station tunnels 

24 in Washington, D.C., to improve ventilation, commu25 nication, lighting, and passenger egress upgrades. 


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1 (c) INFRASTRUCTURE UPGRADES.—From the funds 

2 appropriated for fiscal year 2007, pursuant to section 

3 3217(b), $3,000,000 shall be made available to the Sec4 retary of Transportation for the preliminary design of op5 tions for a new tunnel on a different alignment to augment 

6 the capacity of the existing Baltimore tunnels. 

7 (d) AVAILABILITY OF FUNDS.—Amounts made avail8 able pursuant to this section shall remain available until 

9 expended. 

10 (e) PLANS REQUIRED.—The Secretary of Transpor11 tation may not make amounts available to Amtrak for ob12 ligation or expenditure under subsection (a)— 

13 (1) until Amtrak has submitted to the Sec14 retary, and the Secretary has approved, an engineer15 ing and financial plan for such projects; and 

16 (2) unless, for each project funded pursuant to 

17 this section, the Secretary has approved a project 

18 management plan prepared by Amtrak addressing 

19 appropriate project budget, construction schedule, 

20 recipient staff organization, document control and 

21 record keeping, change order procedure, quality con22 trol and assurance, periodic plan updates, and peri23 odic status reports. 

24 (f) REVIEW OF PLANS.— 


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1 (1) INITIAL REVIEW.—Not later than 45 days 

2 after the date on which a plan required by para3 graphs (1) and (2) of subsection (e) is submitted by 

4 Amtrak, the Secretary of Transportation shall com5 plete a review of the plan and approve or disapprove 

6 the plan. If the Secretary determines that a plan is 

7 incomplete or deficient, the Secretary shall notify 

8 Amtrak of the incomplete items or deficiencies. 

9 (2) SUBMISSION OF MODIFIED PLAN.—Not 

10 later than 30 days after receiving notification from 

11 the Secretary under paragraph (1), Amtrak shall 

12 submit a modified plan for the Secretary’s review. 

13 (3) REVIEW OF MODIFIED PLAN.—Not later 

14 than 15 days after receiving additional information 

15 on items previously included in the plan, and not 

16 later than 45 days after receiving items newly in17 cluded in a modified plan, the Secretary shall— 

18 (A) approve the modified plan; or 

19 (B) if the Secretary finds the plan is still 

20 incomplete or deficient— 

21 (i) submit a report to the Committee 

22 on Commerce, Science, and Transportation 

23 of the Senate, the Committee on Transpor24 tation and Infrastructure of the House of 

25 Representatives, and the Committee on 


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1 Homeland Security of the House of Rep2 resentatives that describes the portions of 

3 the plan the Secretary finds incomplete or 

4 deficient; 

5 (ii) approve all other portions of the 

6 plan; and 

7 (iii) obligate the funds associated with 

8 those other portions. 

9 (4) AGREEMENT.—Not later than 15 days after 

10 the partial approval of a modified plan under para11 graph (3), the Secretary shall execute an agreement 

12 with Amtrak that describes a process for resolving 

13 the remaining portions of the modified plan. 

14 (g) FINANCIAL CONTRIBUTION FROM OTHER TUN15 NEL USERS.—The Secretary of Transportation, taking 

16 into account the need for the timely completion of all por17 tions of the tunnel projects described in subsection (a), 

18 shall— 

19 (1) consider the extent to which rail carriers 

20 other than Amtrak use or plan to use the tunnels; 

21 (2) consider the feasibility of seeking a financial 

22 contribution from those other rail carriers toward 

23 the costs of the projects; and 

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1 ing the extent of their use or planned use of the tun2 nels, if feasible. 

3 SEC. 3205. FREIGHT AND PASSENGER RAIL SECURITY UP4 GRADES. 

5 (a) SECURITY IMPROVEMENT GRANTS.—The Sec6 retary of Homeland Security, through the Assistant Sec7 retary of the Transportation Security Administration and 

8 other appropriate Federal agencies, may award grants to 

9 freight railroads, the Alaska Railroad, hazardous mate10 rials shippers, owners of rail cars used in the transpor11 tation of hazardous materials, universities, colleges, re12 search centers, and State and local governments (for rail 

13 passenger facilities and infrastructure not owned by Am14 trak), for full or partial reimbursement of costs incurred 

15 in the conduct of activities to prevent or respond to acts 

16 of terrorism, sabotage, or other intercity passenger rail 

17 and freight rail security vulnerabilities and risks identified 

18 under section 3202, including— 

19 (1) security and redundancy for critical commu20 nications, computer, and train control systems essen21 tial for secure rail operations; 

22 (2) accommodation of rail cargo or passenger 

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1 national border between the United States and Can2 ada, or other ports of entry; 

3 (3) the security of hazardous material transpor4 tation by rail; 

5 (4) secure intercity passenger rail stations, 

6 trains, and infrastructure; 

7 (5) structural modification or replacement of 

8 rail cars transporting high hazard materials to im9 prove their resistance to acts of terrorism; 

10 (6) employee security awareness, preparedness, 

11 passenger evacuation, and emergency response train12 ing; 

13 (7) public security awareness campaigns for 

14 passenger train operations; 

15 (8) the sharing of intelligence and information 

16 about security threats; 

17 (9) to obtain train tracking and interoperable 

18 communications systems that are coordinated to the 

19 maximum extent possible; 

20 (10) to hire additional police and security offi21 cers, including canine units; and 

22 (11) other improvements recommended by the 

23 report required by section 3202, including infra24 structure, facilities, and equipment upgrades. 


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1 (b) GRANTS TO AMTRAK.—The Secretary of Home2 land Security, through the Secretary of Transportation, 

3 may award grants to Amtrak for the purposes described 

4 in subsection (a). 

5 (c) ACCOUNTABILITY.—The Secretary of Homeland 

6 Security shall adopt necessary procedures, including au7 dits, to ensure that grants made under this section are 

8 expended in accordance with the purposes of this Act and 

9 the priorities and other criteria developed by the Sec10 retary. 

11 (d) ALLOCATION.—The Secretary of Homeland Secu12 rity shall distribute the funds made available under this 

13 section based on risk and vulnerability as determined 

14 under section 3202. The Secretary shall encourage non15 Federal financial participation in awarding grants. With 

16 respect to grants for intercity passenger rail security, the 

17 Secretary shall take into account passenger volume and 

18 whether a station is used by commuter rail passengers and 

19 intercity rail passengers. 

20 (e) CONDITIONS.—The Secretary of Transportation 

21 may not disburse funds to Amtrak under subsection (b) 

22 unless Amtrak meets the conditions set forth in section 

23 3203(b). 

24 (f) ALLOCATION BETWEEN RAILROADS AND OTH25 ERS.—Unless the Secretary of Homeland Security deterVerDate Aug 31 2005 00:17 Sep 14, 2006 Jkt 049200 PO 00000 Frm 00471 Fmt 6652 Sfmt 6201 E:\BILLS\S3875.PCS S3875

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1 mines, based on the assessment required under section 

2 3202, that critical rail transportation security needs re3 quire reimbursement in greater amounts to any eligible 

4 entity, a grant may not be awarded under this section— 

5 (1) to Amtrak in an amount in excess of 

6 $45,000,000; or 

7 (2) for the purposes described in paragraph (3) 

8 or (5) of subsection (a) in an amount in excess of 

9 $80,000,000. 

10 (g) FUNDING.— 

11 (1) IN GENERAL.—From the funds appro12 priated pursuant to section 114(u) of title 49, 

13 United States Code (as added by section 3217(a)), 

14 $100,000,000 shall be made available to the Sec15 retary of Homeland Security for each of the fiscal 

16 years 2007, 2008, and 2009 to carry out this sec17 tion. 

18 (2) AVAILABILITY.—Amounts appropriated pur19 suant to this subsection shall remain available until 

20 expended. 

21 (h) HIGH HAZARD MATERIALS DEFINED.—In this 

22 title, the term ‘‘high hazard materials’’ means quantities 

23 of poison inhalation hazard materials, Class 2.3 gases, 

24 Class 6.1 materials, and anhydrous ammonia that the SecVerDate Aug 31 2005 00:17 Sep 14, 2006 Jkt 049200 PO 00000 Frm 00472 Fmt 6652 Sfmt 6201 E:\BILLS\S3875.PCS S3875

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1 retary of Homeland Security, in consultation with the Sec2 retary of Transportation, determines pose a security risk. 

3 SEC. 3206. RAIL SECURITY RESEARCH AND DEVELOPMENT. 

4 (a) ESTABLISHMENT OF RESEARCH AND DEVELOP5 MENT PROGRAM.—The Secretary of Homeland Security, 

6 through the Under Secretary for Science and Technology 

7 and the Assistant Secretary of the Transportation Secu8 rity Administration, in consultation with the Secretary of 

9 Transportation shall carry out a research and development 

10 program to improve freight and intercity passenger rail 

11 security. The program may include research and develop12 ment projects to— 

13 (1) reduce the vulnerability of passenger trains, 

14 stations, and equipment to explosives and hazardous 

15 chemical, biological, and radioactive substances; 

16 (2) test new emergency response techniques and 

17 technologies; 

18 (3) develop improved freight technologies, in19 cluding— 

20 (A) technologies for sealing rail cars; 

21 (B) automatic inspection of rail cars; 

22 (C) communication-based train controls; 

23 and 

24 (D) emergency response training; 


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1 (4) test wayside detectors that can detect tam2 pering with railroad equipment; 

3 (5) support enhanced security for the transpor4 tation of hazardous materials by rail, including— 

5 (A) technologies to detect a breach in a 

6 tank car or other rail car used to transport haz7 ardous materials and transmit information 

8 about the integrity of cars to the train crew or 

9 dispatcher; 

10 (B) research to improve tank car integrity, 

11 with a focus on tank cars that carry high haz12 ard materials; and 

13 (C) techniques to transfer hazardous mate14 rials from rail cars that are damaged or other15 wise represent an unreasonable risk to human 

16 life or public safety; and 

17 (6) other projects that address vulnerabilities 

18 and risks identified under section 3202. 

19 (b) COORDINATION WITH OTHER RESEARCH INITIA20 TIVES.—The Secretary of Homeland Security shall ensure 

21 that the research and development program established 

22 under this section is coordinated with other research and 

23 development initiatives at the Department of Homeland 

24 Security and the Department of Transportation. The Sec25 retary shall carry out any research and development 


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1 project authorized by this section through a reimbursable 

2 agreement with the Secretary of Transportation, if the 

3 Secretary of Transportation— 

4 (1) is sponsoring a research and development 

5 project in a similar area as of the date of the enact6 ment of this Act; or 

7 (2) has a unique facility or capability that 

8 would be useful in carrying out the project. 

9 (c) GRANTS AND ACCOUNTABILITY.—In carrying out 

10 the research and development program established under 

11 this section, the Secretary of Homeland Security— 

12 (1) may award grants to the entities described 

13 in subsections (a) and (b) of section 3205; and 

14 (2) shall adopt necessary procedures, including 

15 audits, to ensure that grant funds disbursed under 

16 this section are expended in accordance with the 

17 purposes of this title and the priorities and other cri18 teria developed by the Secretary. 

19 (d) FUNDING.— 

20 (1) IN GENERAL.—From the funds appro21 priated pursuant to section 114(u) of title 49, 

22 United States Code (as added by section 3217(a)), 

23 $35,000,000 shall be made available to the Sec24 retary of Homeland Security for each of the fiscal 


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1 years 2007, 2008, and 2009 to carry out this sec2 tion. 

3 (2) AVAILABILITY.—Amounts appropriated pur4 suant to this subsection shall remain available until 

5 expended. 

6 SEC. 3207. OVERSIGHT AND GRANT PROCEDURES. 

7 (a) SECRETARIAL OVERSIGHT.—The Secretary of 

8 Homeland Security may expend not more than 0.5 percent 

9 of the amounts made available for capital projects under 

10 this title— 

11 (1) to enter into contracts for the review of pro12 posed capital projects and related program manage13 ment plans; 

14 (2) to oversee construction of such projects; and 

15 (3) to make contracts to audit and review the 

16 safety, procurement, management, and financial 

17 compliance of a recipient of amounts under this title. 

18 (b) PROCEDURES FOR GRANT AWARD.— 

19 (1) IN GENERAL.—Not later than 90 days after 

20 the date of the enactment of this Act, the Secretary 

21 shall prescribe procedures and schedules for the 

22 awarding of grants under this title, including— 

23 (A) application and qualification proce24 dures (including a requirement that the appli25 cant have a security plan); 


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1 (B) a record of decision on applicant eligi2 bility; and 

3 (C) the execution of a grant agreement be4 tween the grant recipient and the Secretary. 

5 (2) CONSISTENCY.—The procedures prescribed 

6 under this subsection shall be consistent, to the ex7 tent practicable, with the grant procedures estab8 lished under section 70107 of title 46, United States 

9 Code. 

10 SEC. 3208. AMTRAK PLAN TO ASSIST FAMILIES OF PAS11 SENGERS INVOLVED IN RAIL PASSENGER AC12 CIDENTS. 

13 (a) IN GENERAL.—Chapter 243 of title 49, United 

14 States Code, is amended by inserting after section 24313 

15 the following: 

16 ‘‘§ 24314. Plans to address needs of families of pas17 sengers involved in rail passenger acci18 dents 

19 ‘‘(a) SUBMISSION OF PLAN.—Not later than 6 

20 months after the date of the enactment of the Rail Secu21 rity Act of 2006, Amtrak shall submit a plan to the Chair22 man of the National Transportation Safety Board, the 

23 Secretary of Transportation, and the Secretary of Home24 land Security that addresses the needs of the families of 

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1 ing an Amtrak intercity train and resulting in a loss of 

2 life. 

3 ‘‘(b) CONTENTS OF PLANS.—The plan submitted by 

4 Amtrak under subsection (a) shall include the following: 

5 ‘‘(1) A process by which Amtrak will maintain 

6 and provide to the National Transportation Safety 

7 Board and the Secretary of Transportation, imme8 diately upon request, a list (which is based on the 

9 best available information at the time of the request) 

10 of the names of the passengers aboard the train 

11 (whether or not such names have been verified), and 

12 will periodically update the list. The plan shall in13 clude a procedure, with respect to unreserved trains 

14 and passengers not holding reservations on other 

15 trains, for Amtrak to use reasonable efforts to ascer16 tain the number and names of passengers aboard a 

17 train involved in an accident. 

18 ‘‘(2) A plan for creating and publicizing a reli19 able, toll-free telephone number not later than 4 

20 hours after such an accident occurs, and for pro21 viding staff, to handle calls from the families of the 

22 passengers. 

23 ‘‘(3) A process for notifying the families of the 

24 passengers, before providing any public notice of the 


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1 names of the passengers, by suitably trained individ2 uals. 

3 ‘‘(4) A process for providing the notice de4 scribed in paragraph (2) to the family of a pas5 senger as soon as Amtrak has verified that the pas6 senger was aboard the train (whether or not the 

7 names of all of the passengers have been verified). 

8 ‘‘(5) A process by which— 

9 ‘‘(A) the family of each passenger will be 

10 consulted about the disposition of all remains 

11 and personal effects of the passenger within 

12 Amtrak’s control; 

13 ‘‘(B) any possession of the passenger with14 in Amtrak’s control will be returned to the fam15 ily unless the possession is needed for the acci16 dent investigation or any criminal investigation; 

17 and 

18 ‘‘(C) any unclaimed possession of a pas19 senger within Amtrak’s control will be retained 

20 by the rail passenger carrier for not less than 

21 18 months. 

22 ‘‘(6) A process by which the treatment of the 

23 families of nonrevenue passengers will be the same 

24 as the treatment of the families of revenue pas25 sengers. 


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1 ‘‘(7) An assurance that Amtrak will provide 

2 adequate training to its employees and agents to 

3 meet the needs of survivors and family members fol4 lowing an accident. 

5 ‘‘(c) USE OF INFORMATION.—The National Trans6 portation Safety Board, the Secretary of Transportation, 

7 and Amtrak may not release any personal information on 

8 a list obtained under subsection (b)(1) but may provide 

9 information on the list about a passenger to the family 

10 of the passenger to the extent that the Board or Amtrak 

11 considers appropriate. 

12 ‘‘(d) LIMITATION ON LIABILITY.—Amtrak shall not 

13 be liable for damages in any action brought in a Federal 

14 or State court arising out of the performance of Amtrak 

15 in preparing or providing a passenger list, or in providing 

16 information concerning a train reservation, pursuant to a 

17 plan submitted by Amtrak under subsection (b), unless 

18 such liability was caused by Amtrak’s conduct. 

19 ‘‘(e) LIMITATION ON STATUTORY CONSTRUCTION.— 

20 Nothing in this section may be construed as limiting the 

21 actions that Amtrak may take, or the obligations that Am22 trak may have, in providing assistance to the families of 

23 passengers involved in a rail passenger accident. 

24 ‘‘(f) FUNDING.—From the funds appropriated for fis25 cal year 2007 pursuant to section 3217(b) of the Rail SeVerDate Aug 31 2005 00:17 Sep 14, 2006 Jkt 049200 PO 00000 Frm 00480 Fmt 6652 Sfmt 6201 E:\BILLS\S3875.PCS S3875

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1 curity Act of 2006, $500,000 shall be made available to 

2 the Secretary of Transportation for the use of Amtrak to 

3 carry out this section. Amounts made available under this 

4 subsection shall remain available until expended.’’. 

5 (b) CONFORMING AMENDMENT.—The chapter anal6 ysis for chapter 243 of title 49, United States Code, is 

7 amended by inserting after the item relating to section 

8 24313 the following: 

‘‘24314. Plan to assist families of passengers involved in rail passenger accidents.’’. 

9 SEC. 3209. NORTHERN BORDER RAIL PASSENGER REPORT. 

10 Not later than 180 days after the date of the enact11 ment of this Act, the Secretary of Homeland Security, in 

12 consultation with the Assistant Secretary of the Transpor13 tation Security Administration, the Secretary of Transpor14 tation, heads of other appropriate Federal agencies, and 

15 the National Railroad Passenger Corporation, shall submit 

16 a report to the Committee on Commerce, Science, and 

17 Transportation of the Senate, the Committee on Trans18 portation and Infrastructure of the House of Representa19 tives, and the Committee on Homeland Security of the 

20 House of Representatives that contains— 

21 (1) a description of the current system for 

22 screening passengers and baggage on passenger rail 

23 service between the United States and Canada; 


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1 (2) an assessment of the current program to 

2 provide preclearance of airline passengers between 

3 the United States and Canada as outlined in ‘‘The 

4 Agreement on Air Transport Preclearance between 

5 the Government of Canada and the Government of 

6 the United States of America’’, dated January 18, 

7 2001; 

8 (3) an assessment of the current program to 

9 provide preclearance of freight railroad traffic be10 tween the United States and Canada as outlined in 

11 the ‘‘Declaration of Principle for the Improved Secu12 rity of Rail Shipments by Canadian National Rail13 way and Canadian Pacific Railway from Canada to 

14 the United States’’, dated April 2, 2003; 

15 (4) information on progress by the Department 

16 of Homeland Security and other Federal agencies to17 wards finalizing a bilateral protocol with Canada 

18 that would provide for preclearance of passengers on 

19 trains operating between the United States and Can20 ada; 

21 (5) a description of legislative, regulatory, 

22 budgetary, or policy barriers within the United 

23 States Government to providing pre-screened pas24 senger lists for rail passengers traveling between the 


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1 United States and Canada to the Department of 

2 Homeland Security; 

3 (6) a description of the position of the Govern4 ment of Canada and relevant Canadian agencies 

5 with respect to preclearance of such passengers; 

6 (7) a draft of any changes in existing Federal 

7 law necessary to provide for pre-screening of such 

8 passengers and providing pre-screened passenger 

9 lists to the Department of Homeland Security; and 

10 (8) an analysis of the feasibility of reinstating 

11 in-transit inspections onboard international Amtrak 

12 trains. 

13 SEC. 3210. RAIL WORKER SECURITY TRAINING PROGRAM. 

14 (a) IN GENERAL.—Not later than 180 days after the 

15 date of the enactment of this Act, the Secretary of Home16 land Security and the Secretary of Transportation, in con17 sultation with appropriate law enforcement, security, and 

18 terrorism experts, representatives of railroad carriers, and 

19 nonprofit employee organizations that represent rail work20 ers, shall develop and issue detailed guidance for a rail 

21 worker security training program to prepare front-line 

22 workers for potential threat conditions. The guidance shall 

23 take into consideration any current security training re24 quirements or best practices. 


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1 (b) PROGRAM ELEMENTS.—The guidance developed 

2 under subsection (a) shall include elements, as appropriate 

3 to passenger and freight rail service, that address— 

4 (1) the determination of the seriousness of any 

5 occurrence; 

6 (2) crew communication and coordination; 

7 (3) appropriate responses to defend or protect 

8 oneself; 

9 (4) use of protective devices; 

10 (5) evacuation procedures; 

11 (6) psychology of terrorists to cope with hi12 jacker behavior and passenger responses; 

13 (7) situational training exercises regarding var14 ious threat conditions; and 

15 (8) any other subject the Secretary considers to 

16 be appropriate. 

17 (c) RAILROAD CARRIER SECURITY TRAINING PRO18 GRAMS.— 

19 (1) IN GENERAL.—Not later than 90 days after 

20 the Secretary of Homeland Security issues guidance 

21 under subsection (a) in final form, each railroad car22 rier shall develop a rail worker security training pro23 gram in accordance with that guidance and submit 

24 it to the Secretary for review. 


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1 (2) PROGRAM REVIEW.—Not later than 30 days 

2 after receiving a railroad carrier’s program under 

3 this subsection, the Secretary shall review the pro4 gram and transmit comments to the railroad carrier 

5 concerning any revisions the Secretary considers 

6 necessary for the program to meet the guidance re7 quirements. 

8 (3) RAILROAD CARRIER RESPONSE.—A railroad 

9 carrier shall respond to the Secretary’s comments 

10 not later than 30 days after receiving such com11 ments. 

12 (d) TRAINING.— 

13 (1) IMPLEMENTATION.—Not later than 1 year 

14 after the Secretary reviews the training program de15 veloped by a railroad carrier under this section, the 

16 railroad carrier shall complete the training of all 

17 front-line workers in accordance with that program. 

18 (2) REPORT.—The Secretary shall review im19 plementation of the training program of a represent20 ative sample of railroad carriers and submit a report 

21 to the Committee on Commerce, Science, and Trans22 portation of the Senate, the Committee on Transpor23 tation and Infrastructure of the House of Represent24 atives, and the Committee on Homeland Security of 

25 the House of Representatives that contains the numVerDate Aug 31 2005 00:17 Sep 14, 2006 Jkt 049200 PO 00000 Frm 00485 Fmt 6652 Sfmt 6201 E:\BILLS\S3875.PCS S3875

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1 ber of reviews conducted and the results. The Sec2 retary may submit the report in both classified and 

3 redacted formats as necessary. 

4 (e) UPDATES.—The Secretary shall update the train5 ing guidance issued under subsection (a) as appropriate 

6 to reflect new or different security threats. Railroad car7 riers shall revise their programs accordingly and provide 

8 additional training to their front-line workers within a rea9 sonable time after the guidance is updated. 

10 (f) FRONT-LINE WORKERS DEFINED.—In this sec11 tion, the term ‘‘front-line workers’’ means security per12 sonnel, dispatchers, train operators, other onboard em13 ployees, maintenance and maintenance support personnel, 

14 bridge tenders, as well as other appropriate employees of 

15 railroad carriers, as defined by the Secretary. 

16 (g) OTHER EMPLOYEES.—The Secretary of Home17 land Security shall issue guidance and best practices for 

18 a rail shipper employee security program containing the 

19 elements listed under subsection (b), as appropriate. 

20 SEC. 3211. WHISTLEBLOWER PROTECTION PROGRAM. 

21 (a) IN GENERAL.—Subchapter A of chapter 201 of 

22 title 49, United States Code, is amended by inserting after 

23 section 20115 the following: 


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1 ‘‘§ 20116. Whistleblower protection for rail security 

2 matters 

3 ‘‘(a) DISCRIMINATION AGAINST EMPLOYEE.—A rail 

4 carrier engaged in interstate or foreign commerce may not 

5 discharge a railroad employee or otherwise discriminate 

6 against a railroad employee because the employee (or any 

7 person acting pursuant to a request of the employee)— 

8 ‘‘(1) provided, caused to be provided, or is 

9 about to provide or cause to be provided, to the em10 ployer or the Federal Government information relat11 ing to a reasonably perceived threat, in good faith, 

12 to security; 

13 ‘‘(2) provided, caused to be provided, or is 

14 about to provide or cause to be provided, testimony 

15 before Congress or at any Federal or State pro16 ceeding regarding a reasonably perceived threat, in 

17 good faith, to security; or 

18 ‘‘(3) refused to violate or assist in the violation 

19 of any law, rule or regulation related to rail security. 

20 ‘‘(b) DISPUTE RESOLUTION.— 

21 ‘‘(1) IN GENERAL.—A dispute, grievance, or 

22 claim arising under this section is subject to resolu23 tion under section 3 of the Railway Labor Act (45 

24 U.S.C. 153). In a proceeding by the National Rail25 road Adjustment Board, a division or delegate of the 

26 Board, or another board of adjustment established 


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1 under section 3 of such Act to resolve the dispute, 

2 grievance, or claim the proceeding shall be expedited 

3 and the dispute, grievance, or claim shall be resolved 

4 not later than 180 days after it is filed. 

5 ‘‘(2) DAMAGES.—If the violation is a form of 

6 discrimination that does not involve discharge, sus7 pension, or another action affecting pay, and no 

8 other remedy is available under this subsection, the 

9 Board, division, delegate, or other board of adjust10 ment may award the employee reasonable damages, 

11 including punitive damages, of not more than 

12 $20,000. 

13 ‘‘(c) PROCEDURAL REQUIREMENTS.—Except as pro14 vided in subsection (b), the procedure set forth in section 

15 42121(b)(2)(B), including the burdens of proof, applies to 

16 any complaint brought under this section. 

17 ‘‘(d) ELECTION OF REMEDIES.—An employee of a 

18 railroad carrier may not seek protection under both this 

19 section and another provision of law for the same allegedly 

20 unlawful act of the carrier. 

21 ‘‘(e) DISCLOSURE OF IDENTITY.—(1) Except as pro22 vided in paragraph (2) of this subsection, or with the writ23 ten consent of the employee, the Secretary of Transpor24 tation may not disclose the name of an employee of a railVerDate Aug 31 2005 00:17 Sep 14, 2006 Jkt 049200 PO 00000 Frm 00488 Fmt 6652 Sfmt 6201 E:\BILLS\S3875.PCS S3875

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1 road carrier who has provided information about an al2 leged violation of this section. 

3 ‘‘(2) The Secretary shall disclose to the Attorney 

4 General the name of an employee described in paragraph 

5 (1) if the matter is referred to the Attorney General for 

6 enforcement.’’. 

7 (b) CONFORMING AMENDMENT.—The chapter anal8 ysis for chapter 201 of title 49, United States Code, is 

9 amended by inserting after the item relating to section 

10 20115 the following: 

‘‘20116. Whistleblower protection for rail security matters.’’. 

11 SEC. 3212. HIGH HAZARD MATERIAL SECURITY THREAT 

12 MITIGATION PLANS. 

13 (a) IN GENERAL.—The Secretary of Homeland Secu14 rity, in consultation with the Assistant Secretary of the 

15 Transportation Security Administration and the Secretary 

16 of Transportation, shall require rail carriers transporting 

17 a high hazard material and of a quantity equal or exceed18 ing the quantities of such material listed in section 

19 172.800, title 49, Code of Federal Regulations, to develop 

20 a high hazard material security threat mitigation plan 

21 containing appropriate measures, including alternative 

22 routing and temporary shipment suspension options, to 

23 address assessed risks to high consequence targets. The 

24 plan, and any information submitted to the Secretary 

25 under this section shall be protected as sensitive security 


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1 information under the regulations prescribed under sec2 tion 114(s) of title 49, United States Code. 

3 (b) IMPLEMENTATION.—A high hazard material se4 curity threat mitigation plan shall be put into effect by 

5 a rail carrier for the shipment of high hazardous materials 

6 by rail on the rail carrier’s right-of-way when the threat 

7 levels of the Homeland Security Advisory System are high 

8 or severe and specific intelligence of probable or imminent 

9 threat exists towards— 

10 (1) a high-consequence target that is within the 

11 catastrophic impact zone of a railroad right-of-way 

12 used to transport high hazardous material; or 

13 (2) rail infrastructure or operations within the 

14 immediate vicinity of a high-consequence target. 

15 (c) COMPLETION AND REVIEW OF PLANS.— 

16 (1) PLANS REQUIRED.—Each rail carrier de17 scribed in subsection (a) shall— 

18 (A) submit a list of routes used to trans19 port high hazard materials to the Secretary of 

20 Homeland Security not later than 60 days after 

21 the date of the enactment of this Act; 

22 (B) develop and submit a high hazard ma23 terial security threat mitigation plan to the Sec24 retary not later than 180 days after the rail 


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1 carrier receives the notice of high consequence 

2 targets on such routes by the Secretary; and 

3 (C) submit any subsequent revisions to the 

4 plan to the Secretary not later than 30 days 

5 after making the revisions. 

6 (2) REVIEW AND UPDATES.—The Secretary of 

7 Homeland Security, in cooperation with the Sec8 retary of Transportation, shall review each plan de9 veloped under this section and submit comments to 

10 the railroad carrier concerning any revisions that the 

11 Secretary considers to be necessary. A railroad car12 rier shall respond to the Secretary’s comments not 

13 later than 30 days after receiving such comments. 

14 Each rail carrier shall update and resubmit its plan 

15 for review not less than once every 2 years. 

16 (d) DEFINITIONS.—In this section: 

17 (1) HIGH-CONSEQUENCE TARGET.—The term 

18 ‘‘high-consequence target’’ means a building, build19 ings, infrastructure, public space, or natural re20 source designated by the Secretary of Homeland Se21 curity that is viable terrorist target of national sig22 nificance, the attack of which could result in— 

23 (A) catastrophic loss of life; and 

24 (B) significantly damaged national security 

25 and defense capabilities; or 


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1 (C) national economic harm. 

2 (2) CATASTROPHIC IMPACT ZONE.—The term 

3 ‘‘catastrophic impact zone’’ means the area imme4 diately adjacent to, under, or above an active rail5 road right-of-way used to ship high hazard materials 

6 in which the potential release or explosion of the 

7 high hazard material being transported would likely 

8 cause— 

9 (A) loss of life; or 

10 (B) significant damage to property or 

11 structures. 

12 (3) RAIL CARRIER.—The term ‘‘rail carrier’’ 

13 has the meaning given that term by section 

14 10102(5) of title 49, United States Code. 

15 SEC. 3213. MEMORANDUM OF AGREEMENT. 

16 (a) MEMORANDUM OF AGREEMENT.—Not later than 

17 1 year after the date of the enactment of this Act, the 

18 Secretary of Transportation and the Secretary of Home19 land Security shall execute and develop an annex to the 

20 memorandum of agreement between the Department of 

21 Transportation and the Department of Homeland Security 

22 signed on September 28, 2004, governing the specific 

23 roles, delineations of responsibilities, resources and com24 mitments of the each department in addressing railroad 

25 transportation security matters, including the processes 


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1 each department will follow to promote communications, 

2 efficiency, and 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. 3214. RAIL SECURITY ENHANCEMENTS. 

8 (a) RAIL POLICE OFFICERS.—Section 28101 of title 

9 49, United States Code, is amended— 

10 (1) by inserting ‘‘(A) IN GENERAL’’ before 

11 ‘‘Under’’; and 

12 (2) by striking ‘‘the rail carrier’’ each place it 

13 appears and inserting ‘‘any rail carrier’’. 

14 (b) REVIEW OF RAIL REGULATIONS.—Not later than 

15 1 year after the date of the enactment of this Act, the 

16 Secretary of Transportation, in consultation with the Sec17 retary of Homeland Security and the Assistant Secretary 

18 of the Transportation Security Administration, shall re19 view the rail regulations of the Department of Transpor20 tation in existence as of the date of the enactment of this 

21 Act to identify areas in which such regulations need to 

22 be revised to improve rail security. 

23 SEC. 3215. PUBLIC AWARENESS. 

24 (a) IN GENERAL.—Not later than 90 days after the 

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1 land Security, in consultation with the Secretary of Trans2 portation, shall develop a national plan for public outreach 

3 and awareness. 

4 (b) CONTENTS.—The plan developed under this sec5 tion shall— 

6 (1) be designed to increase awareness of meas7 ures that the general public, railroad passengers, 

8 and railroad employees can take to increase railroad 

9 system security; and 

10 (2) provide outreach to railroad carriers and 

11 their employees to improve their awareness of avail12 able technologies, ongoing research and development 

13 efforts, and available Federal funding sources to im14 prove railroad security. 

15 (c) IMPLEMENTATION.—Not later than 9 months 

16 after the date of the enactment of this Act, the Secretary 

17 of Homeland Security shall implement the plan developed 

18 under this section. 

19 SEC. 3216. RAILROAD HIGH HAZARD MATERIAL TRACKING. 

20 (a) WIRELESS COMMUNICATIONS.— 

21 (1) IN GENERAL.—In conjunction with the re22 search and development program established under 

23 section 3206 and consistent with the results of re24 search relating to wireless tracking technologies, the 

25 Secretary of Homeland Security, in consultation 


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1 with the Assistant Secretary of the Transportation 

2 Security Administration, shall develop a program 

3 that will encourage the equipping of rail cars trans4 porting high hazard materials in quantities equal to 

5 or greater than the quantities listed in section 

6 172.800 of title 49, Code of Federal Regulations, 

7 with wireless terrestrial or satellite communications 

8 technology that provides— 

9 (A) car position location and tracking ca10 pabilities; 

11 (B) notification of rail car depressuriza12 tion, breach, or unsafe temperature; and 

13 (C) notification of hazardous material re14 lease. 

15 (2) COORDINATION.—In developing the pro16 gram required by paragraph (1), the Secretary 

17 shall— 

18 (A) consult with the Secretary of Trans19 portation to coordinate the program with any 

20 ongoing or planned efforts for rail car tracking 

21 at the Department of Transportation; and 

22 (B) ensure that the program is consistent 

23 with recommendations and findings of the De24 partment of Homeland Security’s hazardous 

25 material tank rail car tracking pilot programs. 


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1 (b) FUNDING.—From the funds appropriated pursu2 ant to section 114(u) of title 49, United States Code (as 

3 added by section 3217(a)), $3,000,000 shall be made 

4 available to the Secretary of Homeland Security for each 

5 of the fiscal years 2007, 2008, and 2009 to carry out this 

6 section. 

7 SEC. 3217. AUTHORIZATION OF APPROPRIATIONS. 

8 (a) TRANSPORTATION SECURITY ADMINISTRATION

9 AUTHORIZATION.—Section 114 of title 49, United States 

10 Code, is amended by adding at the end the following: 

11 ‘‘(u) AUTHORIZATION OF APPROPRIATIONS.—There 

12 are authorized to be appropriated to the Secretary of 

13 Homeland Security for rail security— 

14 ‘‘(1) $206,500,000 for fiscal year 2007; 

15 ‘‘(2) $168,000,000 for fiscal year 2008; and 

16 ‘‘(3) $168,000,000 for fiscal year 2009.’’. 

17 (b) DEPARTMENT OF TRANSPORTATION.—There are 

18 authorized to be appropriated to the Secretary of Trans19 portation to carry out this title and sections 20116 and 

20 24314 of title 49, United States Code, as added by this 

21 title— 

22 (1) $225,000,000 for fiscal year 2007; 

23 (2) $223,000,000 for fiscal year 2008; and 

24 (3) $223,000,000 for fiscal year 2009. 


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1 TITLE XXXIII—MASS TRANSIT 

2 SECURITY 

3 SEC. 3301. SHORT TITLE. 

4 This title may be cited as the ‘‘Public Transportation 

5 Terrorism Prevention Act of 2006’’. 

6 SEC. 3302. FINDINGS. 

7 Congress finds that— 

8 (1) public transportation systems throughout 

9 the world have been a primary target of terrorist at10 tacks, causing countless death and injuries; 

11 (2) 5,800 public transportation agencies operate 

12 in the United States; 

13 (3) 14,000,000 people in the United States ride 

14 public transportation each work day; 

15 (4) safe and secure public transportation sys16 tems are essential for the Nation’s economy and for 

17 significant national and international public events; 

18 (5) the Federal Transit Administration has in19 vested $74,900,000,000 since 1992 for construction 

20 and improvements to the Nation’s public transpor21 tation systems; 

22 (6) the Federal Government appropriately in23 vested $18,100,000,000 in fiscal years 2002 through 

24 2005 to protect our Nation’s aviation system and its 

25 1,800,000 daily passengers; 


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1 (7) the Federal Government has allocated 

2 $250,000,000 in fiscal years 2003 through 2005 to 

3 protect public transportation systems in the United 

4 States; 

5 (8) the Federal Government has invested $7.38 

6 in aviation security improvements per passenger, but 

7 only $0.007 in public transportation security im8 provements per passenger; 

9 (9) the Government Accountability Office, the 

10 Mineta Institute for Surface Transportation Policy 

11 Studies, the American Public Transportation Asso12 ciation, and many transportation experts have re13 ported an urgent need for significant investment in 

14 public transportation security improvements; and 

15 (10) the Federal Government has a duty to 

16 deter and mitigate, to the greatest extent prac17 ticable, threats against the Nation’s public transpor18 tation systems. 

19 SEC. 3303. SECURITY ASSESSMENTS. 

20 (a) PUBLIC TRANSPORTATION SECURITY ASSESS21 MENTS.— 

22 (1) SUBMISSION.—Not later than 30 days after 

23 the date of the enactment of this Act, the Federal 

24 Transit Administration of the Department of Trans25 portation shall submit all public transportation secuVerDate Aug 31 2005 00:17 Sep 14, 2006 Jkt 049200 PO 00000 Frm 00498 Fmt 6652 Sfmt 6201 E:\BILLS\S3875.PCS S3875

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1 rity assessments and all other relevant information 

2 to the Secretary of Homeland Security. 

3 (2) REVIEW.—Not later than July 31, 2007, 

4 the Secretary of Homeland Security shall review and 

5 augment the security assessments received under 

6 paragraph (1). 

7 (3) ALLOCATIONS.—The Secretary of Home8 land Security shall use the security assessments re9 ceived under paragraph (1) as the basis for allo10 cating grant funds under section 3304, unless the 

11 Secretary notifies the Committee on Banking, Hous12 ing, and Urban Affairs of the Senate that the Sec13 retary has determined that an adjustment is nec14 essary to respond to an urgent threat or other sig15 nificant factors. 

16 (4) SECURITY IMPROVEMENT PRIORITIES.—Not 

17 later than September 30, 2007, the Secretary of 

18 Homeland Security, after consultation with the man19 agement and employee representatives of each public 

20 transportation system for which a security assess21 ment has been received under paragraph (1), shall 

22 establish security improvement priorities that will be 

23 used by public transportation agencies for any fund24 ing provided under section 3304. 


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1 (5) UPDATES.—Not later than July 31, 2008, 

2 and annually thereafter, the Secretary of Homeland 

3 Security shall— 

4 (A) update the security assessments re5 ferred to in this subsection; and 

6 (B) conduct security assessments of all 

7 public transportation agencies considered to be 

8 at greatest risk of a terrorist attack. 

9 (b) USE OF SECURITY ASSESSMENT INFORMA10 TION.—The Secretary of Homeland Security shall use the 

11 information collected under subsection (a)— 

12 (1) to establish the process for developing secu13 rity guidelines for public transportation security; and 

14 (2) to design a security improvement strategy 

15 that— 

16 (A) minimizes terrorist threats to public 

17 transportation systems; and 

18 (B) maximizes the efforts of public trans19 portation systems to mitigate damage from ter20 rorist attacks. 

21 (c) BUS AND RURAL PUBLIC TRANSPORTATION SYS22 TEMS.—Not later than July 31, 2007, the Secretary of 

23 Homeland Security shall conduct security assessments, 

24 appropriate to the size and nature of each system, to de25 termine the specific needs of— 


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1 (1) local bus-only public transportation systems; 

2 and 

3 (2) selected public transportation systems that 

4 receive funds under section 5311 of title 49, United 

5 States Code. 

6 SEC. 3304. SECURITY ASSISTANCE GRANTS. 

7 (a) CAPITAL SECURITY ASSISTANCE PROGRAM.— 

8 (1) IN GENERAL.—The Secretary of Homeland 

9 Security shall award grants directly to public trans10 portation agencies for allowable capital security im11 provements based on the priorities established under 

12 section 3303(a)(4). 

13 (2) ALLOWABLE USE OF FUNDS.—Grants 

14 awarded under paragraph (1) may be used for— 

15 (A) tunnel protection systems; 

16 (B) perimeter protection systems; 

17 (C) redundant critical operations control 

18 systems; 

19 (D) chemical, biological, radiological, or ex20 plosive detection systems; 

21 (E) surveillance equipment; 

22 (F) communications equipment; 

23 (G) emergency response equipment; 

24 (H) fire suppression and decontamination 

25 equipment; 


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1 (I) global positioning or automated vehicle 

2 locator type system equipment; 

3 (J) evacuation improvements; and 

4 (K) other capital security improvements. 

5 (b) OPERATIONAL SECURITY ASSISTANCE PRO6 GRAM.— 

7 (1) IN GENERAL.—The Secretary of Homeland 

8 Security shall award grants directly to public trans9 portation agencies for allowable operational security 

10 improvements based on the priorities established 

11 under section 3303(a)(4). 

12 (2) ALLOWABLE USE OF FUNDS.—Grants 

13 awarded under paragraph (1) may be used for— 

14 (A) security training for public transpor15 tation employees, including bus and rail opera16 tors, mechanics, customer service, maintenance 

17 employees, transit police, and security per18 sonnel; 

19 (B) live or simulated drills; 

20 (C) public awareness campaigns for en21 hanced public transportation security; 

22 (D) canine patrols for chemical, biological, 

23 or explosives detection; 

24 (E) overtime reimbursement for enhanced 

25 security personnel during significant national 


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1 and international public events, consistent with 

2 the priorities established under section 

3 3303(a)(4); and 

4 (F) other appropriate security improve5 ments identified under section 3303(a)(4), ex6 cluding routine, ongoing personnel costs. 

7 (c) CONGRESSIONAL NOTIFICATION.—Not later than 

8 3 days before the award of any grant under this section, 

9 the Secretary of Homeland Security shall notify the Com10 mittee on Banking, Housing, and Urban Affairs of the 

11 Senate of the intent to award such grant. 

12 (d) PUBLIC TRANSPORTATION AGENCY RESPON13 SIBILITIES.—Each public transportation agency that re14 ceives a grant under this section shall— 

15 (1) identify a security coordinator to coordinate 

16 security improvements; 

17 (2) develop a comprehensive plan that dem18 onstrates the agency’s capacity for operating and 

19 maintaining the equipment purchased under this 

20 section; and 

21 (3) report annually to the Department of 

22 Homeland Security on the use of grant funds re23 ceived under this section. 

24 (e) RETURN OF MISSPENT GRANT FUNDS.—If the 

25 Secretary of Homeland Security determines that a grantee 


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1 used any portion of the grant funds received under this 

2 section for a purpose other than the allowable uses speci3 fied for that grant under this section, the grantee shall 

4 return any amount so used to the Treasury of the United 

5 States. 

6 SEC. 3305. INTELLIGENCE SHARING. 

7 (a) INTELLIGENCE SHARING.—The Secretary of 

8 Homeland Security shall ensure that the Department of 

9 Transportation receives appropriate and timely notifica10 tion of all credible terrorist threats against public trans11 portation assets in the United States. 

12 (b) INFORMATION SHARING ANALYSIS CENTER.— 

13 (1) ESTABLISHMENT.—The Secretary of Home14 land Security shall provide sufficient financial assist15 ance for the reasonable costs of the Information 

16 Sharing and Analysis Center for Public Transpor17 tation (referred to in this subsection as the ‘‘ISAC’’) 

18 established pursuant to Presidential Directive 63, to 

19 protect critical infrastructure. 

20 (2) PUBLIC TRANSPORTATION AGENCY PARTICI21 PATION.—The Secretary of Homeland Security— 

22 (A) shall require those public transpor23 tation agencies that the Secretary determines to 

24 be at significant risk of terrorist attack to par25 ticipate in the ISAC; 


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1 (B) shall encourage all other public trans2 portation agencies to participate in the ISAC; 

3 and 

4 (C) shall not charge a fee to any public 

5 transportation agency for participating in the 

6 ISAC. 

7 SEC. 3306. RESEARCH, DEVELOPMENT, AND DEMONSTRA8 TION GRANTS. 

9 (a) GRANTS AUTHORIZED.—The Secretary of Home10 land Security, in consultation with the Federal Transit 

11 Administration, shall award grants to public or private en12 tities to conduct research into, and demonstrate, tech13 nologies and methods to reduce and deter terrorist threats 

14 or mitigate damages resulting from terrorist attacks 

15 against public transportation systems. 

16 (b) USE OF FUNDS.—Grants awarded under sub17 section (a) may be used to— 

18 (1) research chemical, biological, radiological, or 

19 explosive detection systems that do not significantly 

20 impede passenger access; 

21 (2) research imaging technologies; 

22 (3) conduct product evaluations and testing; 

23 and 

24 (4) research other technologies or methods for 

25 reducing or deterring terrorist attacks against public 


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1 transportation systems, or mitigating damage from 

2 such attacks. 

3 (c) REPORTING REQUIREMENT.—Each entity that 

4 receives a grant under this section shall report annually 

5 to the Department of Homeland Security on the use of 

6 grant funds received under this section. 

7 (d) RETURN OF MISSPENT GRANT FUNDS.—If the 

8 Secretary of Homeland Security determines that a grantee 

9 used any portion of the grant funds received under this 

10 section for a purpose other than the allowable uses speci11 fied under subsection (b), the grantee shall return any 

12 amount so used to the Treasury of the United States. 

13 SEC. 3307. REPORTING REQUIREMENTS. 

14 (a) SEMI-ANNUAL REPORT TO CONGRESS.— 

15 (1) IN GENERAL.—Not later than March 31 

16 and September 30 each year, the Secretary of 

17 Homeland Security shall submit a report, containing 

18 the information described in paragraph (2), to— 

19 (A) the Committee on Banking, Housing, 

20 and Urban Affairs of the Senate; 

21 (B) the Committee on Homeland Security 

22 and Governmental Affairs of the Senate; and 

23 (C) the Committee on Appropriations of 

24 the Senate. 


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1 (2) CONTENTS.—The report submitted under 

2 paragraph (1) shall include— 

3 (A) a description of the implementation of 

4 the provisions of sections 3303 through 3306; 

5 (B) the amount of funds appropriated to 

6 carry out the provisions of each of sections 

7 3303 through 3306 that have not been ex8 pended or obligated; and 

9 (C) the state of public transportation secu10 rity in the United States. 

11 (b) ANNUAL REPORT TO GOVERNORS.— 

12 (1) IN GENERAL.—Not later than March 31 

13 each year, the Secretary of Homeland Security shall 

14 submit a report to the Governor of each State with 

15 a public transportation agency that has received a 

16 grant under this title. 

17 (2) CONTENTS.—The report submitted under 

18 paragraph (1) shall specify— 

19 (A) the amount of grant funds distributed 

20 to each such public transportation agency; and 

21 (B) the use of such grant funds. 

22 SEC. 3308. AUTHORIZATION OF APPROPRIATIONS. 

23 (a) CAPITAL SECURITY ASSISTANCE PROGRAM.— 

24 There are authorized to be appropriated $2,370,000,000 


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1 for fiscal year 2007 to carry out the provisions of section 

2 3304(a), which shall remain available until expended. 

3 (b) OPERATIONAL SECURITY ASSISTANCE PRO4 GRAM.—There are authorized to be appropriated to carry 

5 out the provisions of section 3304(b)— 

6 (1) $534,000,000 for fiscal year 2007; 

7 (2) $333,000,000 for fiscal year 2008; and 

8 (3) $133,000,000 for fiscal year 2009. 

9 (c) INTELLIGENCE.—There are authorized to be ap10 propriated such sums as may be necessary to carry out 

11 the provisions of section 3305. 

12 (d) RESEARCH.—There are authorized to be appro13 priated $130,000,000 for fiscal year 2007 to carry out the 

14 provisions of section 3306, which shall remain available 

15 until expended. 

16 SEC. 3309. SUNSET PROVISION. 

17 The authority to make grants under this title shall 

18 expire on October 1, 2010. 


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1 TITLE XXXIV—AVIATION 

2 SECURITY 

3 SEC. 3401. INAPPLICABILITY OF LIMITATION ON EMPLOY4 MENT OF PERSONNEL WITHIN TRANSPOR5 TATION SECURITY ADMINISTRATION TO 

6 ACHIEVE AVIATION SECURITY. 

7 (a) IN GENERAL.—Notwithstanding any other provi8 sion of law, if the conditions set forth in subsection (b) 

9 are met, the Secretary of Homeland Security is not re10 quired to— 

11 (1) comply with any statutory limitation on the 

12 number of employees in the Transportation Security 

13 Administration (referred to in this section as the 

14 ‘‘TSA’’), whether before or after the transfer of the 

15 TSA from the Department of Transportation to the 

16 Department of Homeland Security; or 

17 (2) comply with any administrative rule or reg18 ulation imposing a limitation on the recruitment or 

19 employment of personnel in the TSA to a maximum 

20 number of permanent positions. 

21 (b) CONDITIONS.—The conditions set forth in this 

22 subsection are met if the enforcement or compliance with 

23 a limitation, rule, or regulation described in subsection (a) 

24 would prevent the Secretary of Homeland Security from 


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1 recruiting and employing in the TSA such personnel as 

2 may be necessary— 

3 (1) to provide the highest levels of aviation se4 curity; and 

5 (2) to accomplish the objective specified in 

6 paragraph (1) in such a manner that the average 

7 aviation security-related delay experienced by airline 

8 passengers is reduced to less than 10 minutes. 

9 SEC. 3402. AVIATION RESEARCH AND DEVELOPMENT FOR 

10 EXPLOSIVE DETECTION. 

11 (a) ADVANCED EXPLOSIVES DETECTION SYSTEMS.— 

12 The Secretary of Homeland Security, through the Under 

13 Secretary for Science and Technology and the Assistant 

14 Secretary of the Transportation Security Administration, 

15 and in consultation with the Secretary of Transportation, 

16 shall, in carrying out research and development on the de17 tection of explosive materials at airport security check18 points, focus on the detection of explosive materials, in19 cluding liquid explosives, in a manner that— 

20 (1) improves the ability of airport security tech21 nologies to determine which items could— 

22 (A) threaten safety; 

23 (B) be used as an explosive; or 

24 (C) assembled into an explosive device; and 


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1 (2) results in the development of an advanced 

2 screening technology that incorporates existing tech3 nologies into a single screening system. 

4 (b) AUTHORIZATION OF APPROPRIATIONS.— 

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

6 appropriated to the Secretary of Homeland Security 

7 to carry out this section— 

8 (A) $200,000,000 for fiscal year 2008; and 

9 (B) $250,000,000 for fiscal year 2009. 

10 (2) AVAILABILITY.—Amounts appropriated pur11 suant to paragraph (1) shall remain available until 

12 expended. 

13 SEC. 3403. AVIATION REPAIR STATION SECURITY. 

14 (a) CERTIFICATION OF FOREIGN REPAIR STATIONS

15 SUSPENSION.—Beginning on the date that is 90 days 

16 after the date of the enactment of this Act, the Adminis17 trator of the Federal Aviation Administration may not cer18 tify any foreign repair station under part 145 of title 14, 

19 Code of Federal Regulations, unless the Under Secretary 

20 for Border and Transportation Security has issued final 

21 regulations, pursuant to section 44924(f) of title 49, 

22 United States Code, to ensure the security of foreign and 

23 domestic aircraft repair stations. 

24 (b) 6-MONTH DEADLINE FOR SECURITY REVIEW

25 AND AUDIT.—Section 44924 of title 49, United States 


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1 Code, is amended by striking ‘‘18 months’’ each place it 

2 appears and inserting ‘‘6 months’’. 

3 DIVISION E—A NEW DIRECTION 

4 IN IRAQ 

5 TITLE XLI—UNITED STATES 

6 POLICY ON IRAQ 

7 SEC. 4001. UNITED STATES POLICY ON IRAQ. 

8 (a) SHORT TITLE.—This section may be cited as the 

9 ‘‘United States Policy on Iraq Act of 2006’’. 

10 (b) FINDINGS.—Congress makes the following find11 ings: 

12 (1) Global terrorist networks, including those 

13 that attacked the United States on September 11, 

14 2001, continue to threaten the national security of 

15 the United States and are recruiting, planning, and 

16 developing capabilities to attack the United States 

17 and its allies throughout the world. 

18 (2) Winning the fight against terrorist networks 

19 requires an integrated, comprehensive effort that 

20 uses all facets of power of the United States and the 

21 members of the international community who value 

22 democracy, freedom, and the rule of law. 

23 (3) The United States Armed Forces, particu24 larly the Army and Marine Corps, are stretched 


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1 thin, and many soldiers and Marines have experi2 enced three or more deployments to combat zones. 

3 (4) Sectarian violence has surpassed the insur4 gency and terrorism as the main security threat in 

5 Iraq, increasing the prospects of a broader civil war 

6 which could draw in Iraq’s neighbors. 

7 (5) United States and coalition forces have 

8 trained and equipped more than 129,000 Iraqi sol9 diers, sailors, and airmen, and more than 165,000 

10 Iraqi police, highway patrol, and other Ministry of 

11 Interior forces. 

12 (6) Of the 106 operational Iraqi Army combat 

13 battalions, 85 are either in the lead or operating 

14 independently, according to the August 2006 report 

15 of the Administration to Congress entitled ‘‘Meas16 uring Stability and Security in Iraq’’; 

17 (7) Congress expressed its sense in the National 

18 Defense Authorization Act for Fiscal Year 2006 

19 (119 Stat. 3466) that ‘‘calendar year 2006 should 

20 be a period of significant transition to full Iraqi sov21 ereignty, with Iraqi security forces taking the lead 

22 for the security of a free and sovereign Iraq, thereby 

23 creating the conditions for the phased redeployment 

24 of United States forces from Iraq’’. 


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1 (8) Iraq’s security forces are heavily infiltrated 

2 by sectarian militia, which has greatly increased sec3 tarian tensions and impeded the development of ef4 fective security services loyal to the Iraq Govern5 ment. 

6 (9) With the approval by the Iraqi Council of 

7 Representatives of the ministers of defense, national 

8 security, and the interior on June 7, 2006, the en9 tire cabinet of Prime Minister Maliki is now in 

10 place. 

11 (10) Pursuant to the Iraq Constitution, the 

12 Council of Representatives is to appoint a Panel 

13 which will have 4 months to recommend changes to 

14 the Iraq Constitution. 

15 (11) Despite pledges of more than 

16 $8,000,000,000 in assistance for Iraq by foreign 

17 governments other than the United States at the 

18 Madrid International Donors’ Conference in October 

19 2003, only $3,500,000,000 of such assistance has 

20 been forthcoming. 

21 (12) The current open-ended commitment of 

22 United States forces in Iraq is unsustainable and a 

23 deterrent to the Iraqis making the political com24 promises and personnel and resource commitments 

25 that are needed for the stability and security of Iraq. 


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1 (c) SENSE OF CONGRESS.—It is the sense of Con2 gress that in order to change course from an open-ended 

3 commitment and to promote the assumption of security 

4 responsibilities by the Iraqis, thus advancing the chances 

5 for success in Iraq— 

6 (1) the following actions need to be taken to 

7 help achieve the broad-based and sustainable polit8 ical settlement so essential for defeating the insur9 gency and preventing all-out civil war— 

10 (A) there must be a fair sharing of polit11 ical power and economic resources among all 

12 the Iraqi groups so as to invest them in the for13 mation of an Iraqi nation by either amendments 

14 to the Iraq Constitution or by legislation or 

15 other means, within the timeframe provided for 

16 in the Iraq Constitution; 

17 (B) the President should convene an inter18 national conference so as to more actively in19 volve the international community and Iraq’s 

20 neighbors, promote a durable political settle21 ment among Iraqis, reduce regional interference 

22 in Iraq’s internal affairs, encourage more coun23 tries to contribute to Iraq’s extensive needs, 

24 and ensure that pledged funds are forthcoming; 


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1 (C) the Iraq Government should promptly 

2 and decisively disarm the militias and remove 

3 those members of the Iraqi security forces 

4 whose loyalty to the Iraq Government is in 

5 doubt; and 

6 (D) the President should— 

7 (i) expedite the transition of United 

8 States forces in Iraq to a limited presence 

9 and mission of training Iraqi security 

10 forces, providing logistic support of Iraqi 

11 security forces, protecting United States 

12 infrastructure and personnel, and partici13 pating in targeted counterterrorism activi14 ties; 

15 (ii) after consultation with the Gov16 ernment of Iraq, begin the phased rede17 ployment of United States forces from Iraq 

18 this year; and 

19 (iii) submit to Congress a plan by the 

20 end of 2006 with estimated dates for the 

21 continued phased redeployment of United 

22 States forces from Iraq, with the under23 standing that unexpected contingencies 

24 may arise; 


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1 (2) during and after the phased redeployment 

2 of United States forces from Iraq, the United States 

3 will need to sustain a nonmilitary effort to actively 

4 support reconstruction, governance, and a durable 

5 political solution in Iraq; and 

6 (3) the President should carefully assess the 

7 impact that ongoing United States military oper8 ations in Iraq are having on the capability of the 

9 United States Government to conduct an effective 

10 counterterrorism campaign to defeat the broader 

11 global terrorist networks that threaten the United 

12 States. 

13 SEC. 4002. SENSE OF SENATE ON NEED FOR A NEW DIREC14 TION IN IRAQ POLICY AND IN THE CIVILIAN 

15 LEADERSHIP OF THE DEPARTMENT OF DE16 FENSE. 

17 (a) FINDINGS.—The Senate makes the following 

18 findings: 

19 (1) The Armed Forces of the United States 

20 have served honorably and courageously in Iraq, 

21 with more than 2,600 brave Americans having made 

22 the ultimate sacrifice and more than 20,000 wound23 ed. 

24 (2) The current ‘‘stay the course’’ policy in Iraq 

25 has made America less secure, reduced the readiness 


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1 of our troops, and burdened America’s taxpayers 

2 with more than $300,000,000,000 in additional 

3 debt. 

4 (3) With weekly attacks against American and 

5 Iraqi troops at their highest levels since the start of 

6 the war, and sectarian violence intensifying, it is 

7 clear that staying the course in Iraq is not a strat8 egy for success. 

9 (b) SENSE OF SENATE.—It is the sense of the Senate 

10 that— 

11 (1) our troops deserve, and the American people 

12 expect, the George W. Bush Administration to pro13 vide competent civilian leadership and a true strat14 egy for success in Iraq; and 

15 (2) President George W. Bush needs to change 

16 course in Iraq to provide a strategy for success, and 

17 one indication of such a change of course would be 

18 to replace the current Secretary of Defense. 

19 TITLE XLII—SPECIAL COM20 MITTEE OF SENATE ON WAR 

21 AND RECONSTRUCTION CON22 TRACTING 

23 SEC. 4101. FINDINGS. 

24 Congress makes the following findings: 


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1 (1) The wars in Iraq and Afghanistan have ex2 erted very large demands on the Treasury of the 

3 United States and required tremendous sacrifice by 

4 the members of the Armed Forces of the United 

5 States. 

6 (2) Congress has a constitutional responsibility 

7 to ensure comprehensive oversight of the expenditure 

8 of United States Government funds. 

9 (3) Waste and corporate abuse of United States 

10 Government resources are particularly unacceptable 

11 and reprehensible during times of war. 

12 (4) The magnitude of the funds involved in the 

13 reconstruction of Afghanistan and Iraq and the war 

14 on terrorism, together with the speed with which 

15 these funds have been committed, presents a chal16 lenge to the effective performance of the traditional 

17 oversight function of Congress and the auditing 

18 functions of the executive branch. 

19 (5) The Senate Special Committee to Inves20 tigate the National Defense Program, popularly 

21 know as the Truman Committee, which was estab22 lished during World War II, offers a constructive 

23 precedent for bipartisan oversight of wartime con24 tracting that can also be extended to wartime and 

25 postwar reconstruction activities. 


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1 (6) The Truman Committee is credited with an 

2 extremely successful investigative effort, perform3 ance of a significant public education role, and 

4 achievement of fiscal savings measured in the bil5 lions of dollars. 

6 (7) The public has a right to expect that tax7 payer resources will be carefully disbursed and hon8 estly spent. 

9 SEC. 4102. SPECIAL COMMITTEE ON WAR AND RECON10 STRUCTION CONTRACTING. 

11 There is established a special committee of the Senate 

12 to be known as the Special Committee on War and Recon13 struction Contracting (hereafter in this title referred to 

14 as the ‘‘Special Committee’’). 

15 SEC. 4103. PURPOSE AND DUTIES. 

16 (a) PURPOSE.—The purpose of the Special Com17 mittee is to investigate the awarding and performance of 

18 contracts to conduct military, security, and reconstruction 

19 activities in Afghanistan and Iraq and to support the pros20 ecution of the war on terrorism. 

21 (b) DUTIES.—The Special Committee shall examine 

22 the contracting actions described in subsection (a) and re23 port on such actions, in accordance with this section, re24 garding— 


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1 (1) bidding, contracting, accounting, and audit2 ing standards for Federal Government contracts; 

3 (2) methods of contracting, including sole4 source contracts and limited competition or non5 competitive contracts; 

6 (3) subcontracting under large, comprehensive 

7 contracts; 

8 (4) oversight procedures; 

9 (5) consequences of cost-plus and fixed price 

10 contracting; 

11 (6) allegations of wasteful and fraudulent prac12 tices; 

13 (7) accountability of contractors and Govern14 ment officials involved in procurement and con15 tracting; 

16 (8) penalties for violations of law and abuses in 

17 the awarding and performance of Government con18 tracts; and 

19 (9) lessons learned from the contracting process 

20 used in Iraq and Afghanistan and in connection with 

21 the war on terrorism with respect to the structure, 

22 coordination, management policies, and procedures 

23 of the Federal Government. 

24 (c) INVESTIGATION OF WASTEFUL AND FRAUDU25 LENT PRACTICES.—The investigation by the Special ComVerDate Aug 31 2005 00:17 Sep 14, 2006 Jkt 049200 PO 00000 Frm 00521 Fmt 6652 Sfmt 6201 E:\BILLS\S3875.PCS S3875

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1 mittee of allegations of wasteful and fraudulent practices 

2 under subsection (b)(6) shall include investigation of alle3 gations regarding any contract or spending entered into, 

4 supervised by, or otherwise involving the Coalition Provi5 sional Authority, regardless of whether or not such con6 tract or spending involved appropriated funds of the 

7 United States. 

8 (d) EVIDENCE CONSIDERED.—In carrying out its du9 ties, the Special Committee shall ascertain and evaluate 

10 the evidence developed by all relevant governmental agen11 cies regarding the facts and circumstances relevant to con12 tracts described in subsection (a) and any contract or 

13 spending covered by subsection (c). 

14 SEC. 4104. COMPOSITION OF SPECIAL COMMITTEE. 

15 (a) MEMBERSHIP.— 

16 (1) IN GENERAL.—The Special Committee shall 

17 consist of 7 members of the Senate of whom— 

18 (A) 4 members shall be appointed by the 

19 President pro tempore of the Senate, in con20 sultation with the majority leader of the Senate; 

21 and 

22 (B) 3 members shall be appointed by the 

23 minority leader of the Senate. 

24 (2) DATE.—The appointments of the members 

25 of the Special Committee shall be made not later 


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1 than 90 days after the date of the enactment of this 

2 Act. 

3 (b) VACANCIES.—Any vacancy in the Special Com4 mittee shall not affect its powers, but shall be filled in 

5 the same manner as the original appointment. 

6 (c) SERVICE.—Service of a Senator as a member, 

7 chairman, or ranking member of the Special Committee 

8 shall not be taken into account for the purposes of para9 graph (4) of rule XXV of the Standing Rules of the Sen10 ate. 

11 (d) CHAIRMAN AND RANKING MEMBER.—The chair12 man of the Special Committee shall be designated by the 

13 majority leader of the Senate, and the ranking member 

14 of the Special Committee shall be designated by the minor15 ity leader of the Senate. 

16 (e) QUORUM.— 

17 (1) REPORTS AND RECOMMENDATIONS.—A ma18 jority of the members of the Special Committee shall 

19 constitute a quorum for the purpose of reporting a 

20 matter or recommendation to the Senate. 

21 (2) TESTIMONY.—One member of the Special 

22 Committee shall constitute a quorum for the purpose 

23 of taking testimony. 

24 (3) OTHER BUSINESS.—A majority of the members of the Special Committee, or 1 25 ⁄3 of the members 


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1 of the Special Committee if at least one member of 

2 the minority party is present, shall constitute a 

3 quorum for the purpose of conducting any other 

4 business of the Special Committee. 

5 SEC. 4105. RULES AND PROCEDURES. 

6 (a) GOVERNANCE UNDER STANDING RULES OF SEN7 ATE.—Except as otherwise specifically provided in this 

8 subtitle, the investigation, study, and hearings conducted 

9 by the Special Committee shall be governed by the Stand10 ing Rules of the Senate. 

11 (b) ADDITIONAL RULES AND PROCEDURES.—The 

12 Special Committee may adopt additional rules or proce13 dures if the chairman and ranking member agree that 

14 such additional rules or procedures are necessary to enable 

15 the Special Committee to conduct the investigation, study, 

16 and hearings authorized by this resolution. Any such addi17 tional rules and procedures— 

18 (1) shall not be inconsistent with this resolution 

19 or the Standing Rules of the Senate; and 

20 (2) shall become effective upon publication in 

21 the Congressional Record. 

22 SEC. 4106. AUTHORITY OF SPECIAL COMMITTEE. 

23 (a) IN GENERAL.—The Special Committee may exer24 cise all of the powers and responsibilities of a committee 

25 under rule XXVI of the Standing Rules of the Senate. 


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1 (b) HEARINGS.—The Special Committee or, at its di2 rection, any subcommittee or member of the Special Com3 mittee, may, for the purpose of carrying out this resolu4 tion— 

5 (1) hold such hearings, sit and act at such 

6 times and places, take such testimony, receive such 

7 evidence, and administer such oaths as the Special 

8 Committee or such subcommittee or member con9 siders advisable; and 

10 (2) require, by subpoena or otherwise, the at11 tendance and testimony of such witnesses and the 

12 production of such books, records, correspondence, 

13 memoranda, papers, documents, tapes, and materials 

14 as the Special Committee considers advisable. 

15 (c) ISSUANCE AND ENFORCEMENT OF SUBPOENAS.— 

16 (1) ISSUANCE.—Subpoenas issued under sub17 section (b) shall bear the signature of the Chairman 

18 of the Special Committee and shall be served by any 

19 person or class of persons designated by the Chair20 man for that purpose. 

21 (2) ENFORCEMENT.—In the case of contumacy 

22 or failure to obey a subpoena issued under sub23 section (a), the United States district court for the 

24 judicial district in which the subpoenaed person re25 sides, is served, or may be found may issue an order 


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1 requiring such person to appear at any designated 

2 place to testify or to produce documentary or other 

3 evidence. Any failure to obey the order of the court 

4 may be punished by the court as a contempt of that 

5 court. 

6 (d) MEETINGS.—The Special Committee may sit and 

7 act at any time or place during sessions, recesses, and ad8 journment periods of the Senate. 

9 SEC. 4107. REPORTS. 

10 (a) INITIAL REPORT.—The Special Committee shall 

11 submit to the Senate a report on the investigation con12 ducted pursuant to section 4103 not later than 270 days 

13 after the appointment of the Special Committee members. 

14 (b) UPDATED REPORT.—The Special Committee 

15 shall submit an updated report on such investigation not 

16 later than 180 days after the submission of the report 

17 under subsection (a). 

18 (c) ADDITIONAL REPORTS.—The Special Committee 

19 may submit any additional report or reports that the Spe20 cial Committee considers appropriate. 

21 (d) FINDINGS AND RECOMMENDATIONS.—The re22 ports under this section shall include findings and rec23 ommendations of the Special Committee regarding the 

24 matters considered under section 4103. 


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1 (e) DISPOSITION OF REPORTS.—Any report made by 

2 the Special Committee when the Senate is not in session 

3 shall be submitted to the Clerk of the Senate. Any report 

4 made by the Special Committee shall be referred to the 

5 committee or committees that have jurisdiction over the 

6 subject matter of the report. 

7 SEC. 4108. ADMINISTRATIVE PROVISIONS. 

8 (a) STAFF.— 

9 (1) IN GENERAL.—The Special Committee may 

10 employ in accordance with paragraph (2) a staff 

11 composed of such clerical, investigatory, legal, tech12 nical, and other personnel as the Special Committee, 

13 or the chairman or the ranking member, considers 

14 necessary or appropriate. 

15 (2) APPOINTMENT OF STAFF.— 

16 (A) IN GENERAL.—The Special Committee 

17 shall appoint a staff for the majority, a staff for 

18 the minority, and a nondesignated staff. 

19 (B) MAJORITY STAFF.—The majority staff 

20 shall be appointed, and may be removed, by the 

21 chairman and shall work under the general su22 pervision and direction of the chairman. 

23 (C) MINORITY STAFF.—The minority staff 

24 shall be appointed, and may be removed, by the 

25 ranking member of the Special Committee, and 


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1 shall work under the general supervision and di2 rection of such member. 

3 (D) NONDESIGNATED STAFF.—Nondes4 ignated staff shall be appointed, and may be re5 moved, jointly by the chairman and the ranking 

6 member, and shall work under the joint general 

7 supervision and direction of the chairman and 

8 ranking member. 

9 (b) COMPENSATION.— 

10 (1) MAJORITY STAFF.—The chairman shall fix 

11 the compensation of all personnel of the majority 

12 staff of the Special Committee. 

13 (2) MINORITY STAFF.—The ranking member 

14 shall fix the compensation of all personnel of the mi15 nority staff of the Special Committee. 

16 (3) NONDESIGNATED STAFF.—The chairman 

17 and ranking member shall jointly fix the compensa18 tion of all nondesignated staff of the Special Com19 mittee, within the budget approved for such pur20 poses for the Special Committee. 

21 (c) REIMBURSEMENT OF EXPENSES.—The Special 

22 Committee may reimburse the members of its staff for 

23 travel, subsistence, and other necessary expenses incurred 

24 by such staff members in the performance of their func25 tions for the Special Committee. 


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1 (d) PAYMENT OF EXPENSES.—There shall be paid 

2 out of the applicable accounts of the Senate such sums 

3 as may be necessary for the expenses of the Special Com4 mittee. Such payments shall be made on vouchers signed 

5 by the chairman of the Special Committee and approved 

6 in the manner directed by the Committee on Rules and 

7 Administration of the Senate. Amounts made available 

8 under this subsection shall be expended in accordance with 

9 regulations prescribed by the Committee on Rules and Ad10 ministration of the Senate. 

11 SEC. 4109. TERMINATION. 

12 The Special Committee shall terminate on July 1, 

13 2008. 

14 SEC. 4110. SENSE OF SENATE ON CERTAIN CLAIMS RE15 GARDING THE COALITION PROVISIONAL AU16 THORITY. 

17 It is the sense of the Senate that any claim of fraud, 

18 waste, or abuse under the False Claims Act that involves 

19 any contract or spending by the Coalition Provisional Au20 thority should be considered a claim against the United 

21 States Government. 


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Calendar No. 598 

109TH CONGRESS 

2D SESSION S. 3875 

A BILL 

To provide real national security, restore United 

other purposes. smart policies to win the war on terror, and for States leadership, and implement tough and 

SEPTEMBER 8, 2006 

Read the second time and placed on the calendar 


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