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the report publicly available to the maximum extent prac-
ticable.
(d) APPLICABILITY.—This section shall not apply to
acquisitions made by an agency, or component thereof, that
is an element of the intelligence community as set forth in
or designated under section 3(4) of the National Security
Act of 1947 (50 U.S.C. 401a(4)).
SEC. 1070B. ANNUAL REPORT ON FOREIGN SALES OF SIG-
NIFICANT MILITARY EQUIPMENT MANUFAC-
TURED INSIDE THE UNITED STATES.
(a) IN GENERAL.—Not later than March 31 of each
year, the Department of Defense shall submit a report to
Congress on foreign military sales and direct sales to for-
eign customers of significant military equipment manufac-
tured inside the United States.
(b) CONTENT.—Each report required by subsection (a)
shall indicate, for each sale in excess of $2,000,000—
(1) the nature of the military equipment sold
and the dollar value of the sale;
(2) the country to which the military equipment
was sold; and
(3) the manufacturer of the equipment and the
State in which the equipment was manufactured.
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(c) PUBLIC AVAILABILITY.—The Department of De-
fense shall make reports submitted under this section pub-
licly available to the maximum extent practicable.
SEC. 1070C. REPORT ON FEASIBILITY OF ESTABLISHING RE-
GIONAL COMBATANT COMMAND FOR AFRICA.
(a) IN GENERAL.—Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees and the
Committee on Foreign Relations of the Senate and the Com-
mittee on International Relations of the House of Rep-
resentatives a report on the establishment of a United States
Armed Forces regional combatant command for Africa.
(b) CONTENT.—The report required under subsection
(a) shall include—
(1) a study on the feasibility and desirability of
establishing of a United States Armed Forces regional
combatant command for Africa;
(2) an assessment of the benefits and problems
associated with establishing such a command; and
(3) an estimate of the costs, time, and resources
needed to establish such a command.
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SEC. 1070D. ANNUAL REPORTS ON EXPANDED USE OF UN-
MANNED AERIAL VEHICLES IN THE NATIONAL
AIRSPACE SYSTEM.
(a) FINDINGS.—The Senate makes the following find-
ings:
(1) Unmanned aerial vehicles (UAVs) serve De-
partment of Defense intelligence, surveillance, recon-
naissance, and combat missions.
(2) Operational reliability of unmanned systems
continues to improve and sense-and-avoid technology
development and fielding must continue in an effort
to provide unmanned aerial systems with an equiva-
lent level of safety to manned aircraft.
(3) Unmanned aerial vehicles have the potential
to support the Nation’s homeland defense mission,
border security mission, and natural disaster recovery
efforts.
(4) Accelerated development and testing of stand-
ards for the integration of unmanned aerial vehicles
in the National Airspace System would further the
increased safe use of such vehicles for border security,
homeland defense, and natural disaster recovery ef-
forts.
(b) ANNUAL REPORTS.—Not later than one year after
the date of the enactment of this Act and annually thereafter
until the Federal Aviation Administration promulgates
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such policy, the Secretary of Defense shall submit to the
Committees on Armed Services, Commerce, Science and
Transportation, and Homeland Security and Governmental
Affairs of the Senate and the Committees on Armed Serv-
ices, Energy and Commerce, and Government Reform of the
House of Representatives a report on the actions of the De-
partment of Defense to support the development by the Fed-
eral Aviation Administration of a policy on the testing and
operation of unmanned aerial vehicles in the National Air-
space System.
Subtitle H—Technical and
Conforming Amendments
SEC. 1071. UNIFORM DEFINITION OF NATIONAL SECURITY
SYSTEM FOR CERTAIN DEPARTMENT OF DE-
FENSE PURPOSES.
(a) 
DEFENSE
BUSINESS
SYSTEMS.—Section
2222(j)(6) of title 10, United States Code, is amended by
striking ‘‘section 2315 of this title’’ and inserting ‘‘section
3542(b)(2) of title 44’’.
(b) INFORMATION TECHNOLOGY.—Section 2223(c)(3)
of such title is amended by striking ‘‘section 11103 of title
40’’ and inserting ‘‘section 3542(b)(2) of title 44’’.
(c) PROCUREMENT OF AUTOMATIC DATA PROCESSING
EQUIPMENT AND SERVICES.—The text of section 2315 of
such title is amended to read as follows:
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‘‘For the purposes of subtitle III of title 40, the term
‘national security system’ has the meaning given that term
in section 3542(b)(2) of title 44.’’.
SEC. 1072. CONFORMING AMENDMENT RELATING TO RE-
DESIGNATION 
OF 
DEFENSE 
COMMUNICA-
TIONS AGENCY AS DEFENSE INFORMATION
SYSTEMS AGENCY.
Paragraph (1) of section 193(f) of title 10, United
States Code, is amended to read as follows:
‘‘(1) The Defense Information Systems Agency.’’.
SEC. 1073. TECHNICAL AMENDMENT.
Effective as of the date of the enactment of the National
Defense Authorization Act for Fiscal Year 2006 (Public
Law 109–163) and as if included in the enactment thereof,
section 341(e) of such Act (119 Stat. 3199) is amended by
striking ‘‘(a)(1)(E)’’ and inserting ‘‘(a)(1)(F)’’.
Subtitle I—Other Matters
SEC. 1081. NATIONAL FOREIGN LANGUAGE COORDINATION
COUNCIL.
(a) ESTABLISHMENT.—
(1) IN GENERAL.—Effective on October 1, 2006,
there is established the National Foreign Language
Coordination Council (in this section referred to as
the ‘‘Council’’).
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(2) INDEPENDENT
ESTABLISHMENT.—The Na-
tional Foreign Language Coordination Council shall
be an independent establishment as defined under sec-
tion 104 of title 5, United States Code.
(b) MEMBERSHIP.—The Council shall consist of the
following members or their designees:
(1) The National Language Director, who shall
serve as the chairperson of the Council.
(2) The Secretary of Education.
(3) The Secretary of Defense.
(4) The Secretary of State.
(5) The Secretary of Homeland Security.
(6) The Attorney General.
(7) The Director of National Intelligence.
(8) The Secretary of Labor.
(9) The Director of the Office of Personnel Man-
agement.
(10) The Director of the Office of Management
and Budget.
(11) The Secretary of Commerce.
(12) The Secretary of Health and Human Serv-
ices.
(13) The Secretary of the Treasury.
(14) The Secretary of Housing and Urban Devel-
opment.
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(15) The Secretary of Agriculture.
(16) The Chairman and President of the Export-
Import Bank of the United States.
(17) The heads of such other Federal agencies as
the Council considers appropriate.
(c) RESPONSIBILITIES.—
(1) IN GENERAL.—The Council shall be charged
with—
(A) developing a national foreign language
strategy, within 18 months of the date of the en-
actment of this Act, in consultation with—
(i) State and local government agen-
cies;
(ii) academic sector institutions;
(iii) foreign language related interest
groups;
(iv) business associations;
(v) industry;
(vi) heritage associations; and
(vii) other relevant stakeholders;
(B) conducting a survey of the extent of
Federal agency foreign language and area exper-
tise, and of Federal agency needs for such exper-
tise;
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(C) identifying and evaluating the ade-
quacy of Federal foreign language programs, in-
cluding any duplicative or overlapping programs
that may impede efficiency; and
(D) monitoring the implementation of such
strategy through—
(i) application of current and recently
enacted laws; and
(ii) the promulgation and enforcement
of rules and regulations.
(2) STRATEGY CONTENT.—The strategy developed
under paragraph (1) shall include—
(A) identification of priorities to expand
foreign language skills in the public and private
sectors;
(B) recommendations for improving coordi-
nation of foreign language programs and activi-
ties among Federal agencies, enhancing Federal
foreign language programs and activities, and
allocating resources appropriately in order to
maximize the use of resources;
(C) needed national policies and cor-
responding legislative and regulatory actions in
support of, and allocation of designated resources
to, promising programs and initiatives at all
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levels (Federal, State, and local), especially in
the less commonly taught languages that are seen
as critical for national security and global com-
petitiveness during the next 20 to 50 years;
(D) effective ways to increase public aware-
ness of the need for foreign language skills and
career paths in the public and private sectors
that can employ those skills, with the objective of
increasing support for foreign language study
among—
(i) Federal, State, and local leaders;
(ii) students;
(iii) parents;
(iv) elementary, secondary, and post-
secondary educational institutions; and
(v) employers;
(E) recommendations for incentives for de-
veloping related educational programs, including
foreign language teacher training;
(F) coordination of public and private sec-
tor efforts to provide foreign language instruc-
tion and acquire foreign language and area ex-
pertise;
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(G) coordination of public and private sec-
tor initiatives to develop a strategic posture for
language research;
(H) recommendations for—
(i) the development of foreign language
achievement standards; and
(ii) corresponding assessments of for-
eign language achievement standards for the
elementary, secondary, and postsecondary
education levels, including the National As-
sessment of Educational Progress in foreign
languages;
(I) recommendations for development of—
(i) language skill-level certification
standards;
(ii) frameworks for pre-service and
professional development study for those
who teach foreign language;
(iii) suggested graduation criteria for
foreign language studies in non-language
areas, such as—
(I) international business;
(II) national security;
(III) public administration;
(IV) health care;
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(V) engineering;
(VI) law;
(VII) journalism; and
(VIII) sciences;
(J) identification of and means for repli-
cating best practices for teaching foreign lan-
guages in the public and private sectors, includ-
ing best practices from the international commu-
nity; and
(K) recommendations for overcoming bar-
riers in foreign language proficiency.
(d) SUBMISSION OF STRATEGY TO PRESIDENT AND
CONGRESS.—Not later than 18 months after the date of the
enactment of this Act, the Council shall prepare and trans-
mit to the President and the relevant committees of Con-
gress the national foreign language strategy required under
subsection (c).
(e) MEETINGS.—The Council may hold such meetings,
and sit and act at such times and places, as the Council
considers appropriate, but shall meet in formal session at
least 2 times a year. State and local government agencies
and other organizations (such as academic sector institu-
tions, foreign language-related interest groups, business as-
sociations, industry, and heritage community organiza-
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tions) shall be invited, as appropriate, to public meetings
of the Council at least once a year.
(f) STAFF.—
(1) IN GENERAL.—The Director may—
(A) appoint, without regard to the provi-
sions of title 5, United States Code, governing
the competitive service, such personnel as the Di-
rector considers necessary; and
(B) compensate such personnel without re-
gard to the provisions of chapter 51 and sub-
chapter III of chapter 53 of that title.
(2) DETAIL
OF
GOVERNMENT
EMPLOYEES.—
Upon request of the Council, any Federal Government
employee may be detailed to the Council without re-
imbursement, and such detail shall be without inter-
ruption or loss of civil service status or privilege.
(3) EXPERTS AND CONSULTANTS.—With the ap-
proval of the Council, the Director may procure tem-
porary and intermittent services under section
3109(b) of title 5, United States Code.
(4) TRAVEL EXPENSES.—Council members and
staff shall be allowed travel expenses, including per
diem in lieu of subsistence, at rates authorized for
employees of agencies under subchapter I of chapter
57 of title 5, United States Code, while away from
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their homes or regular places of business in the per-
formance of services for the Council.
(5) SECURITY CLEARANCE.—
(A) IN GENERAL.—Subject to subparagraph
(B), the appropriate Federal agencies or depart-
ments shall cooperate with the Council in expedi-
tiously providing to the Council members and
staff appropriate security clearances to the extent
possible pursuant to existing procedures and re-
quirements.
(B) EXCEPTION.—No person shall be pro-
vided with access to classified information under
this section without the appropriate required se-
curity clearance access.
(6) COMPENSATION.—The rate of pay for any
employee of the Council (including the Director) may
not exceed the rate payable for level V of the Executive
Schedule under section 5316 of title 5, United States
Code.
(g) POWERS.—
(1) DELEGATION.—Any member or employee of
the Council may, if authorized by the Council, take
any action that the Council is authorized to take in
this section.
(2) INFORMATION.—
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(A) COUNCIL AUTHORITY TO SECURE.—The
Council may secure directly from any Federal
agency such information, consistent with Federal
privacy laws, including the Family Educational
Rights and Privacy Act (20 U.S.C. 1232g) and
the Department of Education’s General Edu-
cation Provisions Act (20 U.S.C. 1232(h)), the
Council considers necessary to carry out its re-
sponsibilities.
(B) 
REQUIREMENT
TO
FURNISH
RE-
QUESTED
INFORMATION.—Upon request of the
Director, the head of such agency shall furnish
such information to the Council.
(3) DONATIONS.—The Council may accept, use,
and dispose of gifts or donations of services or prop-
erty.
(4) MAIL.—The Council may use the United
States mail in the same manner and under the same
conditions as other Federal agencies.
(h) CONFERENCES, NEWSLETTER, AND WEBSITE.—In
carrying out this section, the Council—
(1) may arrange Federal, regional, State, and
local conferences for the purpose of developing and co-
ordinating effective programs and activities to im-
prove foreign language education;
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(2) may publish a newsletter concerning Federal,
State, and local programs that are effectively meeting
the foreign language needs of the nation; and
(3) shall create and maintain a website con-
taining information on the Council and its activities,
best practices on language education, and other rel-
evant information.
(i) REPORTS.—Not later than April 1, 2007, and an-
nually thereafter, the Council shall prepare and transmit
to the President and the relevant committees of Congress
a report that describes—
(1) the activities of the Council to develop the
national foreign language strategy required under
subsection (c);
(2) the findings of the Council as of the date of
such report;
(3) the efforts of the Council to improve foreign
language education and training; and
(4) impediments identified by the Council to the
implementation of a comprehensive national foreign
language strategy, including any statutory and regu-
latory restrictions.
(j) ESTABLISHMENT OF NATIONAL LANGUAGE DIREC-
TOR.—
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(1) IN
GENERAL.—There is established a Na-
tional Language Director who shall be appointed by
the President. The National Language Director shall
be a nationally recognized individual with credentials
and abilities in the public and private sectors to be
involved with creating and implementing long-term
solutions to achieving national foreign language and
cultural competency.
(2) RESPONSIBILITIES.—The National Language
Director shall—
(A) develop and monitor the implementa-
tion of a national foreign language strategy
across the public and private sectors;
(B) establish formal relationships among
the major stakeholders in meeting the needs of
the Nation for improved capabilities in foreign
languages and cultural understanding, including
Federal, State, and local government agencies,
academia, industry, labor, and heritage commu-
nities; and
(C) coordinate and lead a public informa-
tion campaign that raises awareness of public
and private sector careers requiring foreign lan-
guage skills and cultural understanding, with the
objective of increasing interest in and support
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for the study of foreign languages among na-
tional leaders, the business community, local offi-
cials, parents, and individuals.
(k) ENCOURAGEMENT OF STATE INVOLVEMENT.—
(1) STATE
CONTACT
PERSONS.—The Council
shall consult with each State to provide for the des-
ignation by each State of an individual to serve as
a State contact person for the purpose of receiving
and disseminating information and communications
received from the Council.
(2) STATE INTERAGENCY COUNCILS AND LEAD
AGENCIES.—Each State is encouraged to establish a
State interagency council on foreign language coordi-
nation or designate a lead agency for the State for the
purpose of assuming primary responsibility for co-
ordinating and interacting with the Council and
State and local government agencies as necessary.
(l) SUNSET.—This section shall cease to have effect on
September 30, 2015.
(m) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated for fiscal year 2007,
$1,500,000 to carry out this section.
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SEC. 1082. SUPPORT OF SUCCESSOR ORGANIZATIONS OF
THE DISESTABLISHED INTERAGENCY GLOBAL
POSITIONING SYSTEM EXECUTIVE BOARD.
Section 8 of the Commercial Space Transportation
Competitiveness Act of 2000 (Public Law 106–405; 114
Stat. 1753; 10 U.S.C. 2281 note) is amended by striking
‘‘the Interagency Global Positioning System Executive
Board, including an Executive Secretariat to be housed at
the Department of Commerce’’ and inserting ‘‘the National
Space-Based Positioning, Navigation, and Timing Execu-
tive Committee, the National Space-Based Positioning,
Navigation, and Timing Coordination Office, and the Na-
tional Space-Based Positioning, Navigation, and Timing
Advisory Board, and any successor organization’’.
SEC. 1083. QUADRENNIAL DEFENSE REVIEW.
(a) FINDINGS.—Congress makes the following findings:
(1) The Quadrennial Defense Review (QDR)
under section 118 of title 10, United States Code, is
vital in laying out the strategic military planning
and threat objectives of the Department of Defense.
(2) The Quadrennial Defense Review is critical
to identifying the correct mix of military planning
assumptions, defense capabilities, and strategic fo-
cuses for the Armed Forces of the United States.
(b) SENSE OF CONGRESS.—It is the sense of Congress
that the Quadrennial Defense Review is intended to provide
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more than an overview of global threats and the general
strategic orientation of the Department of Defense.
(c) IMPROVEMENTS TO QUADRENNIAL DEFENSE RE-
VIEW.—
(1) CONDUCT OF REVIEW.—Subsection (b) of sec-
tion 118 of title 10, United States Code, is
amended—
(A) in paragraph (2), by striking ‘‘and’’ at
the end;
(B) in paragraph (3), by striking the period
at the end and inserting ‘‘; and’’; and
(C) by adding at the end the following new
paragraph:
‘‘(4) to make recommendations that are not con-
strained to comply with the budget submitted to Con-
gress by the President pursuant to section 1105 of
title 31.’’.
(2) ADDITIONAL ELEMENT IN REPORT TO CON-
GRESS.—Subsection (d) of such section is amended—
(A) in paragraph (1), by inserting ‘‘, the
strategic planning guidance,’’ after ‘‘United
States’’;
(B) 
by 
redesignating 
paragraphs 
(9)
through (15) as paragraphs (10) through (16),
respectively; and
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(C) by inserting after paragraph (8) the fol-
lowing new paragraph (9):
‘‘(9) The specific capabilities, including the gen-
eral number and type of specific military platforms,
needed to achieve the strategic and warfighting objec-
tives identified in the review.’’.
(3) CJCS REVIEW.—Subsection (e)(1) of such
section is amended by inserting before the period at
the end the following: ‘‘ and a description of the capa-
bilities needed to address such risk’’.
(4) INDEPENDENT ASSESSMENT.—Such section is
further amended by adding at the end the following
new subsection:
‘‘(f) INDEPENDENT ASSESSMENT.—(1) Not later than
one year before the date a report on a quadrennial defense
review is to be submitted to Congress under subsection (d),
the President shall appoint a panel to conduct an inde-
pendent assessment of the review.
‘‘(2) The panel appointed under paragraph (1) shall
be composed of seven individuals (who may not be employ-
ees of the Department of Defense) as follows:
‘‘(A) Three members shall be appointed by the
President.
‘‘(B) One member shall be appointed by the
President in consultation with, and based on the rec-
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ommendations of, the Speaker of the House of Rep-
resentatives.
‘‘(C) One member shall be appointed by the
President in consultation with, and based on the rec-
ommendations of, the Minority Leader of the House
of Representatives.
‘‘(D) One member shall be appointed by the
President in consultation with, and based on the rec-
ommendations of, the Majority Leader of the Senate.
‘‘(E) One member shall be appointed by the
President in consultation with, and based on the rec-
ommendations of, the Minority Leader of the Senate.
‘‘(3) Not later than three months after the date that
the report on a quadrennial defense review is submitted to
Congress under subsection (d), the panel appointed under
paragraph (2) shall provide to the congressional defense
committees an assessment of the assumptions, planning
guidelines, recommendations, and realism of the review.’’.
SEC. 1084. SENSE OF CONGRESS ON THE COMMENDABLE
ACTIONS OF THE ARMED FORCES.
(a) FINDINGS.—Congress finds that—
(1) on June 7, 2006, the United States Armed
Forces conducted an air raid near the City of
Baquba, northeast of Baghdad, Iraq, that resulted in
the death of Ahmad Fadeel al-Nazal al-Khalayleh,
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better known as Abu Musab al-Zarqawi, the leader of
the al-Qaeda in Iraq terrorist organization and the
most wanted terrorist in Iraq;
(2) Zarqawi, as the operational commander of
al-Qaeda in Iraq, led a brutal campaign of suicide
bombings, car bombings, assassinations, and abduc-
tions that caused the deaths of many members of the
United States Armed Forces, civilian officials of the
United States Government, thousands of innocent
Iraqi civilians, and innocent civilians of other na-
tions;
(3) Zarqawi publicly swore his allegiance to
Osama bin Laden and al-Qaeda in 2004, and
changed the name of his terrorist organization from
the ‘‘Monotheism and Holy War Group’’ to ‘‘al-Qaeda
in Iraq’’;
(4) in an audiotape broadcast in December 2004,
Osama bin Laden, the leader of al-Qaeda’s worldwide
terrorist organization, called Zarqawi ‘‘the prince of
al-Qaeda in Iraq’’;
(5) 3 perpetrators confessed to being paid by
Zarqawi to carry out the October 2002 assassination
of the United States diplomat, Lawrence Foley, in
Amman, Jordan;
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(6) the Monotheism and Holy War Group
claimed responsibility for—
(A) the August 2003 suicide attack that de-
stroyed the United Nations headquarters in
Baghdad and killed the United Nations envoy to
Iraq Sergio Vieira de Mello along with 21 other
people; and
(B) the suicide attack on the Imam Ali
Mosque in Najaf that occurred less than 2 weeks
later, which killed at least 85 people, including
the Ayatollah Sayed Mohammed Baqr al-Hakim,
and wounded dozens more;
(7) Zarqawi is believed to have personally be-
headed American hostage Nicholas Berg in May 2004;
(8) in May 2004, Zarqawi was implicated in a
car bombing that killed Izzadine Salim, the rotating
president of the Iraqi Governing Council;
(9) in November 2005, al-Qaeda in Iraq attacked
3 hotels in Amman, Jordan, killing at least 67 inno-
cent civilians;
(10) Zarqawi and his terrorist organization were
directly responsible for numerous other brutal ter-
rorist attacks against the American and coalition
troops, Iraqi security forces and recruits, and inno-
cent Iraqi civilians;
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(11) Zarqawi sought to turn Iraq into a safe
haven for al-Qaeda;
(12) to achieve that end, Zarqawi stated his op-
position to the democratically elected government of
Iraq and worked to divide the Iraqi people, foment
sectarian violence, and incite a civil war in Iraq; and
(13) the men and women of the United States
Armed Forces, the intelligence community, and other
agencies, along with coalition partners and the Iraqi
Security Forces, should be commended for their cour-
age and extraordinary efforts to track down the most
wanted terrorist in Iraq and to secure a free and
prosperous future for the people of Iraq.
(b) SENSE OF CONGRESS.—It is the sense of Congress
that Congress—
(1) commends the United States Armed Forces,
the intelligence community, and other agencies, along
with coalition partners, for the actions taken through
June 7, 2006, that resulted in the death of Abu Musab
al-Zarqawi, the leader of the al-Qaeda in Iraq ter-
rorist organization and the most wanted terrorist in
Iraq;
(2) commends the United States Armed Forces,
the intelligence community, and other agencies for
this action and their exemplary performance in striv-
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ing to bring freedom, democracy, and security to the
people of Iraq;
(3) commends the coalition partners of the
United States, the new government of Iraq, and mem-
bers of the Iraqi Security Forces for their invaluable
assistance in that operation and their extraordinary
efforts to secure a free and prosperous Iraq;
(4) commends our civilian and military leader-
ship for their continuing efforts to eliminate the lead-
ership of al-Qaeda in Iraq, and also commends the
new government of Iraq, led by Prime Minister
Jawad al-Maliki, for its contribution to that achieve-
ment;
(5) recognizes that the death of Abu Musab al-
Zarqawi is a victory for American and coalition
forces in the global war on terror and a blow to the
al-Qaeda terrorist organization;
(6) commends the Iraqi Prime Minister Jawad
al-Maliki on the finalization of the new Iraqi cabinet;
(7) urges the democratically elected government
in Iraq to use this opportunity to defeat the terrorist
enemy, to put an end to ethnic and sectarian violence,
and to achieve a free, prosperous, and secure future
for Iraq; and
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(8) affirms that the Senate will continue to sup-
port the United States Armed Forces, the democrat-
ically elected unity government of Iraq, and the peo-
ple of Iraq in their quest to secure a free, prosperous,
and democratic Iraq.
SEC. 1085. BUDGETING FOR ONGOING MILITARY OPER-
ATIONS.
The President’s budget submitted pursuant to section
1105(a) of title 31, United States Code, for each fiscal year
after fiscal year 2007 shall include—
(1) a request for funds for such fiscal year for
ongoing military operations in Afghanistan and Iraq;
(2) an estimate of all funds expected to be re-
quired in that fiscal year for such operations; and
(3) a detailed justification of the funds requested.
SEC. 1086. COURT SECURITY IMPROVEMENTS.
(a) JUDICIAL BRANCH SECURITY REQUIREMENTS.—
(1) ENSURING
CONSULTATION
AND
COORDINA-
TION WITH THE JUDICIARY.—Section 566 of title 28,
United States Code, is amended by adding at the end
the following:
‘‘(i) The Director of the United States Marshals Serv-
ice shall consult and coordinate with the Judicial Con-
ference of the United States on a continuing basis regarding
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the security requirements for the judicial branch of the
United States Government.’’.
(2) CONFORMING AMENDMENT.—Section 331 of
title 28, United States Code, is amended by adding
at the end the following:
‘‘The Judicial Conference shall consult and coordinate
with the Director of United States Marshals Service on a
continuing basis regarding the security requirements for the
judicial branch of the United States Government.’’.
(b) PROTECTION
OF
FAMILY
MEMBERS.—Section
105(b)(3) of the Ethics in Government Act of 1978 (5
U.S.C. App.) is amended—
(1) in subparagraph (A), by inserting ‘‘or a fam-
ily member of that individual’’ after ‘‘that indi-
vidual’’; and
(2) in subparagraph (B)(i), by inserting ‘‘or a
family member of that individual’’ after ‘‘the report’’.
(c) EXTENSION
OF
SUNSET
PROVISION.—Section
105(b)(3) of the Ethics in Government Act of 1978 (5
U.S.C. App.) is amended by striking ‘‘2005’’ each place that
term appears and inserting ‘‘2009’’.
(d) PROTECTIONS AGAINST MALICIOUS RECORDING OF
FICTITIOUS LIENS AGAINST FEDERAL JUDGES AND FED-
ERAL LAW ENFORCEMENT OFFICERS.—
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(1) OFFENSE.—Chapter 73 of title 18, United
States Code, is amended by adding at the end the fol-
lowing:
‘‘SEC. 1521. RETALIATING AGAINST A FEDERAL JUDGE OR
FEDERAL LAW ENFORCEMENT OFFICER BY
FALSE CLAIM OR SLANDER OF TITLE.
‘‘(a) Whoever files or attempts to file, in any public
record or in any private record which is generally available
to the public, any false lien or encumbrance against the
real or personal property of a Federal judge or a Federal
law enforcement official, on account of the performance of
official duties by that Federal judge or Federal law enforce-
ment official, knowing or having reason to know that such
lien or encumbrance is false or contains any materially
false, fictitious, or fraudulent statement or representation,
shall be fined under this title or imprisoned for not more
than 10 years, or both.
‘‘(b) As used in this section—
‘‘(1) the term ‘Federal judge’ means a justice or
judge of the United States as defined in section 451
of title 28, United States Code, a judge of the United
States Court of Federal Claims, a United States
bankruptcy judge, a United States magistrate judge,
and a judge of the United States Court of Appeals for
the Armed Forces, United States Court of Appeals for
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Veterans Claims, United States Tax Court, District
Court of Guam, District Court of the Northern Mar-
iana Islands, or District Court of the Virgin Islands;
and
‘‘(2) the term ‘Federal law enforcement officer’
has the meaning given that term in section 115 of
this title and includes an attorney who is an officer
or employee of the United States in the executive
branch of the Government.’’.
(2) CLERICAL AMENDMENT.—The chapter anal-
ysis for chapter 73 of title 18, United States Code, is
amended by adding at the end the following new item:
‘‘1521. Retaliating against a Federal judge or Federal law enforcement officer
by false claim or slander of title.’’.
(e) PROTECTION OF INDIVIDUALS PERFORMING CER-
TAIN OFFICIAL DUTIES.—
(1) OFFENSE.—Chapter 7 of title 18, United
States Code, is amended by adding at the end the fol-
lowing:
‘‘SEC. 118. PROTECTION OF INDIVIDUALS PERFORMING
CERTAIN OFFICIAL DUTIES.
‘‘(a) Whoever knowingly makes restricted personal in-
formation about a covered official, or a member of the im-
mediate family of that covered official, publicly available,
with the intent that such restricted personal information
be used to kill, kidnap, or inflict bodily harm upon, or to
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threaten to kill, kidnap, or inflict bodily harm upon, that
covered official, or a member of the immediate family of
that covered official, shall be fined under this title and im-
prisoned not more than 5 years, or both.
‘‘(b) As used in this section—
‘‘(1) the term ‘restricted personal information’
means, with respect to an individual, the Social Secu-
rity number, the home address, home phone number,
mobile phone number, personal email, or home fax
number of, and identifiable to, that individual;
‘‘(2) the term ‘covered official’ means—
‘‘(A) an individual designated in section
1114;
‘‘(B) a Federal judge or Federal law en-
forcement officer as those terms are defined in
section 1521; or
‘‘(C) a grand or petit juror, witness, or
other officer in or of, any court of the United
States, or an officer who may be serving at any
examination or other proceeding before any
United States magistrate judge or other commit-
ting magistrate; and
‘‘(3) the term ‘immediate family’ has the same
meaning given that term in section 115(c)(2).’’.
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(2) CLERICAL AMENDMENT.—The chapter anal-
ysis for chapter 7 of title 18, United States Code, is
amended by adding at the end the following:
‘‘Sec. 117. Domestic assault by an habitual offender.
‘‘Sec. 118. Protection of individuals performing certain official duties.’’.
(f) PROHIBITION
OF POSSESSION
OF DANGEROUS
WEAPONS
IN
FEDERAL
COURT
FACILITIES.—Section
930(e)(1) of title 18, United States Code, is amended by
inserting ‘‘or other dangerous weapon’’ after ‘‘firearm’’.
(g) CLARIFICATION
OF VENUE
FOR RETALIATION
AGAINST A WITNESS.—Section 1513 of title 18, United
States Code, is amended by adding at the end the following:
‘‘(g) A prosecution under this section may be brought
in the district in which the official proceeding (whether or
not pending, about to be instituted or completed) was in-
tended to be affected, or in which the conduct constituting
the alleged offense occurred.’’.
(h) WITNESS PROTECTION GRANT PROGRAM.—Title I
of the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3711 et seq.) is amended by adding at the end
the following new part:
‘‘PART JJ—WITNESS PROTECTION GRANTS
‘‘SEC. 3001. PROGRAM AUTHORIZED.
‘‘(a) IN GENERAL.—From amounts made available to
carry out this part, the Attorney General may make grants
to States, units of local government, and Indian tribes to
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create and expand witness protection programs in order to
prevent threats, intimidation, and retaliation against vic-
tims of, and witnesses to, crimes.
‘‘(b) USES OF FUNDS.—Grants awarded under this
part shall be—
‘‘(1) distributed directly to the State, unit of
local government, or Indian tribe; and
‘‘(2) used for the creation and expansion of wit-
ness protection programs in the jurisdiction of the
grantee.
‘‘(c) PREFERENTIAL CONSIDERATION.—In awarding
grants under this part, the Attorney General may give pref-
erential consideration, if feasible, to an application from
a jurisdiction that—
‘‘(1) has the greatest need for witness and victim
protection programs;
‘‘(2) has a serious violent crime problem in the
jurisdiction; and
‘‘(3) has had, or is likely to have, instances of
threats, intimidation, and retaliation against victims
of, and witnesses to, crimes.
‘‘(d) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to carry out this section
$20,000,000 for each of fiscal years 2006 through 2010.’’.
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(i) GRANTS TO STATES TO PROTECT WITNESSES AND
VICTIMS OF CRIMES.—
(1) IN GENERAL.—Section 31702 of the Violent
Crime Control and Law Enforcement Act of 1994 (42
U.S.C. 13862) is amended—
(A) in paragraph (3), by striking ‘‘and’’ at
the end;
(B) in paragraph (4), by striking the period
and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(5) to create and expand witness and victim
protection programs to prevent threats, intimidation,
and retaliation against victims of, and witnesses to,
violent crimes.’’.
(2) AUTHORIZATION OF APPROPRIATIONS.—Sec-
tion 31707 of the Violent Crime Control and Law En-
forcement Act of 1994 (42 U.S.C. 13867) is amended
to read as follows:
‘‘SEC. 31707. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated $20,000,000
for each of the fiscal years 2006 through 2010 to carry out
this subtitle.’’.
(j) ELIGIBILITY OF STATE COURTS FOR CERTAIN FED-
ERAL GRANTS.—
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(1) CORRECTIONAL
OPTIONS
GRANTS.—Section
515 of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3762a) is amended—
(A) in subsection (a)—
(i) in paragraph (2), by striking
‘‘and’’ at the end;
(ii) in paragraph (3), by striking the
period and inserting ‘‘; and’’; and
(iii) by adding at the end the fol-
lowing:
‘‘(4) grants to State courts to improve security
for State and local court systems.’’; and
(B) in subsection (b), by inserting after the
period the following:
‘‘Priority shall be given to State court applicants under
subsection (a)(4) that have the greatest demonstrated need
to provide security in order to administer justice.’’.
(2) ALLOCATIONS.—Section 516(a) of the Omni-
bus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3762b) is amended by—
(A) striking ‘‘80’’ and inserting ‘‘70’’;
(B) striking ‘‘and 10’’ and inserting ‘‘10’’;
and
(C) inserting before the period the following:
‘‘, and 10 percent for section 515(a)(4)’’.
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(k) BANKRUPTCY, MAGISTRATE, AND TERRITORIAL
JUDGES LIFE INSURANCE.—
(1) BANKRUPTCY JUDGES.—Section 153 of title
28, United States Code, is amended by adding at the
end the following:
‘‘(e) For purposes of construing and applying chapter
87 of title 5, United States Code, including any adjustment
of insurance rates by regulation or otherwise, a bankruptcy
judge of the United States in regular active service or who
is retired under section 377 of this title shall be deemed
to be a judge of the United States described under section
8701(a)(5) of title 5.’’.
(2) UNITED STATES MAGISTRATE JUDGES.—Sec-
tion 634(c) of title 28, United States Code, is
amended—
(A) by inserting ‘‘(1)’’ after ‘‘(c)’’; and
(B) by adding at the end the following:
‘‘(2) For purposes of construing and applying
chapter 87 of title 5, United States Code, including
any adjustment of insurance rates by regulation or
otherwise, a magistrate judge of the United States in
regular active service or who is retired under section
377 of this title shall be deemed to be a judge of the
United States described under section 8701(a)(5) of
title 5.’’.
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(3) TERRITORIAL JUDGES.—
(A) GUAM.—Section 24 of the Organic Act
of Guam (48 U.S.C. 1424b) is amended by add-
ing at the end the following:
‘‘(c) For purposes of construing and applying chapter
87 of title 5, United States Code, including any adjustment
of insurance rates by regulation or otherwise, a judge ap-
pointed under this section who is in regular active service
or who is retired under section 373 of title 28, United States
Code, shall be deemed to be a judge of the United States
described under section 8701(a)(5) of title 5.’’.
(B) COMMONWEALTH
OF
THE
NORTHERN
MARIANA ISLANDS.—Section 1(b) of the Act of
November 8, 1977 (48 U.S.C. 1821) is amended
by adding at the end the following:
‘‘(5) For purposes of construing and applying
chapter 87 of title 5, United States Code, including
any adjustment of insurance rates by regulation or
otherwise, a judge appointed under this section who
is in regular active service or who is retired under
section 373 of title 28, United States Code, shall be
deemed to be a judge of the United States described
under section 8701(a)(5) of title 5.’’.
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(C) VIRGIN ISLANDS.—Section 24(a) of the
Revised Organic Act of the Virgin Islands (48
U.S.C. 1614(a)) is amended—
(i) by inserting ‘‘(1)’’ after ‘‘(a)’’; and
(ii) by adding at the end the following:
‘‘(2) For purposes of construing and applying
chapter 87 of title 5, United States Code, including
any adjustment of insurance rates by regulation or
otherwise, a judge appointed under this section who
is in regular active service or who is retired under
section 373 of title 28, United States Code, shall be
deemed to be a judge of the United States described
under section 8701(a)(5) of title 5.’’.
(m) HEALTH INSURANCE FOR SURVIVING FAMILY AND
SPOUSES OF JUDGES.—Section 8901(3) of title 5, United
States Code, is amended—
(1) in subparagraph (C), by striking ‘‘; and’’
and inserting a semicolon;
(2) in subparagraph (D), by adding ‘‘and’’ after
the semicolon; and
(3) by adding at the end the following:
‘‘(E) a member of a family who is a sur-
vivor of—
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‘‘(i) a Justice or judge of the United
States, as defined under section 451 of title
28, United States Code;
‘‘(ii) a judge of the District Court of
Guam, the District Court of the Northern
Mariana Islands, or the District Court of
the Virgin Islands;
‘‘(iii) a judge of the United States
Court of Federal Claims; or
‘‘(iv) a United States bankruptcy judge
or a full-time United States magistrate
judge.’’.
SEC. 1087. SENSE OF THE SENATE ON DESTRUCTION OF
CHEMICAL WEAPONS.
(a) FINDINGS.—The Senate makes the following find-
ings:
(1) The Convention on the Prohibition of the De-
velopment, Production, Stockpiling and Use of Chem-
ical Weapons and on Their Destruction, done at
Paris on January 13, 1993 (commonly referred to as
the ‘‘Chemical Weapons Convention’’), requires all
United States chemical weapons stockpiles be de-
stroyed by no later than the extended deadline of
April 29, 2012.
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(2) On April 10, 2006, the Department of De-
fense notified Congress that the United States would
not meet even the extended deadline under the Chem-
ical Weapons Convention for destruction of United
States chemical weapons stockpiles.
(3) Destroying existing chemical weapons is a
homeland security imperative, an arms control pri-
ority, and required by United States law.
(4) The elimination and nonproliferation of
chemical weapons of mass destruction is of utmost
importance to the national security of the United
States.
(b) SENSE OF THE SENATE.—It is the sense of the Sen-
ate that—
(1) the United States is committed to making
every effort to safely dispose of its chemical weapons
stockpiles by the Chemical Weapons Convention dead-
line of April 29, 2012, or as soon thereafter as pos-
sible, and will carry out all of its other obligations
under the Convention;
(2) the Secretary of Defense should prepare a
comprehensive schedule for safely destroying the
United States chemical weapons stockpiles to prevent
further delays in the destruction of such stockpiles,
and the schedule should be submitted annually to the
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congressional defense committees separately or as part
of another required report; and
(3) the Secretary of Defense should make every
effort to ensure adequate funding to complete the
elimination of the United States chemical weapons
stockpile in the shortest time possible, consistent with
the requirement to protect public health, safety, and
the environment.
SEC. 1088. IMPROVED ACCOUNTABILITY FOR COMPETITIVE
CONTRACTING IN HURRICANE RECOVERY.
The exceptions to full and open competition otherwise
available under paragraphs (2), (3), (4), and (5) of section
303(c) of the Federal Property and Administrative Services
Act of 1949 (41 U.S.C. 253(c)) and paragraphs (2), (3),
(4), and (5) of section 2304(c) of title 10, United States
Code, shall not apply to Federal contracts worth over
$500,000 for the procurement of property or services in con-
nection with relief and recovery efforts related to Hurricane
Katrina and the other hurricanes of the 2005 season.
SEC. 1089. PROTECTION OF CERTAIN DISCLOSURES OF IN-
FORMATION BY FEDERAL EMPLOYEES.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Federal Employee Protection of Disclosures Act’’.
(b) CLARIFICATION OF DISCLOSURES COVERED.—Sec-
tion 2302(b)(8) of title 5, United States Code, is amended—
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(1) in subparagraph (A)—
(A) by striking ‘‘which the employee or ap-
plicant reasonably believes evidences’’ and insert-
ing ‘‘, without restriction to time, place, form,
motive, context, or prior disclosure made to any
person by an employee or applicant, including a
disclosure made in the ordinary course of an em-
ployee’s duties, that the employee or applicant
reasonably believes is evidence of’’; and
(B) in clause (i), by striking ‘‘a violation’’
and inserting ‘‘any violation’’;
(2) in subparagraph (B)—
(A) by striking ‘‘which the employee or ap-
plicant reasonably believes evidences’’ and insert-
ing ‘‘, without restriction to time, place, form,
motive, context, or prior disclosure made to any
person by an employee or applicant, including a
disclosure made in the ordinary course of an em-
ployee’s duties, of information that the employee
or applicant reasonably believes is evidence of’’;
and
(B) in clause (i), by striking ‘‘a violation’’
and inserting ‘‘any violation (other than a viola-
tion of this section)’’; and
(3) by adding at the end the following:
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‘‘(C) any disclosure that—
‘‘(i) is made by an employee or appli-
cant of information required by law or Ex-
ecutive order to be kept secret in the interest
of national defense or the conduct of foreign
affairs that the employee or applicant rea-
sonably believes is direct and specific evi-
dence of—
‘‘(I) any violation of any law,
rule, or regulation;
‘‘(II) gross mismanagement, a
gross waste of funds, an abuse of au-
thority, or a substantial and specific
danger to public health or safety; or
‘‘(III) a false statement to Con-
gress on an issue of material fact; and
‘‘(ii) is made to—
‘‘(I) a member of a committee of
Congress having a primary responsi-
bility for oversight of a department,
agency, or element of the Federal Gov-
ernment to which the disclosed infor-
mation relates and who is authorized
to receive information of the type dis-
closed;
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‘‘(II) any other Member of Con-
gress who is authorized to receive infor-
mation of the type disclosed; or
‘‘(III) an employee of Congress
who has the appropriate security clear-
ance and is authorized to receive infor-
mation of the type disclosed.’’.
(c) COVERED DISCLOSURES.—Section 2302(a)(2) of
title 5, United States Code, is amended—
(1) in subparagraph (B)(ii), by striking ‘‘and’’
at the end;
(2) in subparagraph (C)(iii), by striking the pe-
riod at the end and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(D) ‘disclosure’ means a formal or informal
communication or transmission, but does not include
a communication concerning policy decisions that
lawfully exercise discretionary authority unless the
employee providing the disclosure reasonably believes
that the disclosure evidences—
‘‘(i) any violation of any law, rule, or regu-
lation; or
‘‘(ii) gross mismanagement, a gross waste of
funds, an abuse of authority, or a substantial
and specific danger to public health or safety.’’.
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(d) REBUTTABLE PRESUMPTION.—Section 2302(b) of
title 5, United States Code, is amended by amending the
matter following paragraph (12) to read as follows:
‘‘This subsection shall not be construed to authorize the
withholding of information from Congress or the taking of
any personnel action against an employee who discloses in-
formation to Congress, except that an employee or applicant
may be disciplined for the disclosure of information de-
scribed in paragraph (8)(C)(i) to a Member or employee
of Congress who is not authorized to receive such informa-
tion. For purposes of paragraph (8), any presumption re-
lating to the performance of a duty by an employee who
has authority to take, direct others to take, recommend, or
approve any personnel action may be rebutted by substan-
tial evidence. For purposes of paragraph (8), a determina-
tion as to whether an employee or applicant reasonably be-
lieves that they have disclosed information that evidences
any violation of law, rule, regulation, gross mismanage-
ment, a gross waste of funds, an abuse of authority, or a
substantial and specific danger to public health or safety
shall be made by determining whether a disinterested ob-
server with knowledge of the essential facts known to and
readily ascertainable by the employee could reasonably con-
clude that the actions of the Government evidence such vio-
lations, mismanagement, waste, abuse, or danger.’’.
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(e) NONDISCLOSURE POLICIES, FORMS, AND AGREE-
MENTS; SECURITY CLEARANCES; AND RETALIATORY INVES-
TIGATIONS.—
(1) PERSONNEL ACTION.—Section 2302(a)(2)(A)
of title 5, United States Code, is amended—
(A) in clause (x), by striking ‘‘and’’ after
the semicolon; and
(B) by redesignating clause (xi) as clause
(xiv) and inserting after clause (x) the following:
‘‘(xi) the implementation or enforce-
ment of any nondisclosure policy, form, or
agreement;
‘‘(xii) a suspension, revocation, or
other determination relating to a security
clearance or any other access determination
by a covered agency;
‘‘(xiii) an investigation, other than
any ministerial or nondiscretionary fact
finding activities necessary for the agency
to perform its mission, of an employee or
applicant for employment because of any
activity protected under this section; and’’
(2) PROHIBITED
PERSONNEL
PRACTICE.—Sec-
tion 2302(b) of title 5, United States Code, is
amended—
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(A) in paragraph (11), by striking ‘‘or’’ at
the end;
(B) in paragraph (12), by striking the pe-
riod and inserting a semicolon; and
(C) by inserting after paragraph (12) the
following:
‘‘(13) implement or enforce any nondisclosure
policy, form, or agreement, if such policy, form, or
agreement does not contain the following statement:
‘These provisions are consistent with and do not su-
persede, conflict with, or otherwise alter the employee
obligations, rights, or liabilities created by Executive
Order No. 12958; section 7211 of title 5, United
States Code (governing disclosures to Congress); sec-
tion 1034 of title 10, United States Code (governing
disclosure to Congress by members of the military);
section 2302(b)(8) of title 5, United States Code (gov-
erning disclosures of illegality, waste, fraud, abuse, or
public health or safety threats); the Intelligence Iden-
tities Protection Act of 1982 (50 U.S.C. 421 et seq.)
(governing disclosures that could expose confidential
Government agents); and the statutes which protect
against disclosures that could compromise national
security, including sections 641, 793, 794, 798, and
952 of title 18, United States Code, and section 4(b)
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of the Subversive Activities Control Act of 1950 (50
U.S.C. 783(b)). The definitions, requirements, obliga-
tions, rights, sanctions, and liabilities created by such
Executive order and such statutory provisions are in-
corporated into this agreement and are controlling’;
or
‘‘(14) conduct, or cause to be conducted, an in-
vestigation, other than any ministerial or nondis-
cretionary fact finding activities necessary for the
agency to perform its mission, of an employee or ap-
plicant for employment because of any activity pro-
tected under this section.’’.
(3) BOARD AND COURT REVIEW OF ACTIONS RE-
LATING TO SECURITY CLEARANCES.—
(A) IN GENERAL.—Chapter 77 of title 5,
United States Code, is amended by inserting
after section 7702 the following:
‘‘§ 7702a. Actions relating to security clearances
‘‘(a) In any appeal relating to the suspension, revoca-
tion, or other determination relating to a security clearance
or access determination, the Merit Systems Protection
Board or any reviewing court—
‘‘(1) shall determine whether paragraph (8) or
(9) of section 2302(b) was violated;
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‘‘(2) may not order the President or the designee
of the President to restore a security clearance or oth-
erwise reverse a determination of clearance status or
reverse an access determination; and
‘‘(3) subject to paragraph (2), may issue declara-
tory relief and any other appropriate relief.
‘‘(b)(1) If, in any final judgment, the Board or court
declares that any suspension, revocation, or other deter-
mination with regard to a security clearance or access de-
termination was made in violation of paragraph (8) or (9)
of section 2302(b), the affected agency shall conduct a re-
view of that suspension, revocation, access determination,
or other determination, giving great weight to the Board
or court judgment.
‘‘(2) Not later than 30 days after any Board or court
judgment declaring that a security clearance suspension,
revocation, access determination, or other determination
was made in violation of paragraph (8) or (9) of section
2302(b), the affected agency shall issue an unclassified re-
port to the congressional committees of jurisdiction (with
a classified annex if necessary), detailing the circumstances
of the agency’s security clearance suspension, revocation,
other determination, or access determination. A report
under this paragraph shall include any proposed agency
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action with regard to the security clearance or access deter-
mination.
‘‘(c) An allegation that a security clearance or access
determination was revoked or suspended in retaliation for
a protected disclosure shall receive expedited review by the
Office of Special Counsel, the Merit Systems Protection
Board, and any reviewing court.
‘‘(d) For purposes of this section, corrective action may
not be ordered if the agency demonstrates by a preponder-
ance of the evidence that it would have taken the same per-
sonnel action in the absence of such disclosure.’’.
(B) TECHNICAL AND CONFORMING AMEND-
MENT.—The table of sections for chapter 77 of
title 5, United States Code, is amended by in-
serting after the item relating to section 7702 the
following:
‘‘7702a. Actions relating to security clearances.’’.
(f) EXCLUSION OF AGENCIES BY THE PRESIDENT.—
Section 2302(a)(2)(C) of title 5, United States Code, is
amended by striking clause (ii) and inserting the following:
‘‘(ii)(I) the Federal Bureau of Investigation,
the Central Intelligence Agency, the Defense In-
telligence Agency, the National Imagery and
Mapping Agency, the National Security Agency;
and
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‘‘(II) as determined by the President, any
executive agency or unit thereof the principal
function of which is the conduct of foreign intel-
ligence or counterintelligence activities, if the de-
termination (as that determination relates to a
personnel action) is made before that personnel
action; or’’.
(g) ATTORNEY FEES.—Section 1204(m)(1) of title 5,
United States Code, is amended by striking ‘‘agency in-
volved’’ and inserting ‘‘agency where the prevailing party
is employed or has applied for employment’’.
(h) DISCIPLINARY ACTION.—Section 1215(a)(3) of title
5, United States Code, is amended to read as follows:
‘‘(3)(A) A final order of the Board may
impose—
‘‘(i) disciplinary action consisting of re-
moval, reduction in grade, debarment from Fed-
eral employment for a period not to exceed 5
years, suspension, or reprimand;
‘‘(ii) an assessment of a civil penalty not to
exceed $1,000; or
‘‘(iii) any combination of disciplinary ac-
tions described under clause (i) and an assess-
ment described under clause (ii).
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‘‘(B) In any case in which the Board finds that
an employee has committed a prohibited personnel
practice under paragraph (8) or (9) of section
2302(b), the Board shall impose disciplinary action if
the Board finds that the activity protected under
paragraph (8) or (9) of section 2302(b) was a signifi-
cant motivating factor, even if other factors also moti-
vated the decision, for the employee’s decision to take,
fail to take, or threaten to take or fail to take a per-
sonnel action, unless that employee demonstrates, by
preponderance of evidence, that the employee would
have taken, failed to take, or threatened to take or fail
to take the same personnel action, in the absence of
such protected activity.’’.
(i) SPECIAL
COUNSEL
AMICUS
CURIAE
APPEAR-
ANCE.—Section 1212 of title 5, United States Code, is
amended by adding at the end the following:
‘‘(h)(1) The Special Counsel is authorized to appear
as amicus curiae in any action brought in a court of the
United States related to any civil action brought in connec-
tion with section 2302(b) (8) or (9), or subchapter III of
chapter 73, or as otherwise authorized by law. In any such
action, the Special Counsel is authorized to present the
views of the Special Counsel with respect to compliance
with section 2302(b) (8) or (9) or subchapter III of chapter
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73 and the impact court decisions would have on the en-
forcement of such provisions of law.
‘‘(2) A court of the United States shall grant the appli-
cation of the Special Counsel to appear in any such action
for the purposes described in subsection (a).’’.
(j) JUDICIAL REVIEW.—
(1) IN GENERAL.—Section 7703(b)(1) of title 5,
United States Code, is amended to read as follows:
‘‘(b)(1)(A) Except as provided in subparagraph (B)
and paragraph (2), a petition to review a final order or
final decision of the Board shall be filed in the United
States Court of Appeals for the Federal Circuit. Notwith-
standing any other provision of law, any petition for review
must be filed within 60 days after the date the petitioner
received notice of the final order or decision of the Board.
‘‘(B) During the 5-year period beginning on the effec-
tive date of the Federal Employee Protection of Disclosures
Act, a petition to review a final order or final decision of
the Board in a case alleging a violation of paragraph (8)
or (9) of section 2302(b) shall be filed in the United States
Court of Appeals for the Federal Circuit or any court of
appeals of competent jurisdiction as provided under sub-
section (b)(2).’’.
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(2) REVIEW
OBTAINED
BY
OFFICE
OF
PER-
SONNEL MANAGEMENT.—Section 7703(d) of title 5,
United States Code, is amended to read as follows:
‘‘(d)(1) Except as provided under paragraph (2), this
paragraph shall apply to any review obtained by the Direc-
tor of the Office of Personnel Management. The Director of
the Office of Personnel Management may obtain review of
any final order or decision of the Board by filing, within
60 days after the date the Director received notice of the
final order or decision of the Board, a petition for judicial
review in the United States Court of Appeals for the Federal
Circuit if the Director determines, in his discretion, that
the Board erred in interpreting a civil service law, rule,
or regulation affecting personnel management and that the
Board’s decision will have a substantial impact on a civil
service law, rule, regulation, or policy directive. If the Di-
rector did not intervene in a matter before the Board, the
Director may not petition for review of a Board decision
under this section unless the Director first petitions the
Board for a reconsideration of its decision, and such peti-
tion is denied. In addition to the named respondent, the
Board and all other parties to the proceedings before the
Board shall have the right to appear in the proceeding be-
fore the Court of Appeals. The granting of the petition for
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judicial review shall be at the discretion of the Court of
Appeals.
‘‘(2) During the 5-year period beginning on the effec-
tive date of the Federal Employee Protection of Disclosures
Act, this paragraph shall apply to any review relating to
paragraph (8) or (9) of section 2302(b) obtained by the Di-
rector of the Office of Personnel Management. The Director
of the Office of Personnel Management may obtain review
of any final order or decision of the Board by filing, within
60 days after the date the Director received notice of the
final order or decision of the Board, a petition for judicial
review in the United States Court of Appeals for the Federal
Circuit or any court of appeals of competent jurisdiction
as provided under subsection (b)(2) if the Director deter-
mines, in his discretion, that the Board erred in inter-
preting paragraph (8) or (9) of section 2302(b). If the Di-
rector did not intervene in a matter before the Board, the
Director may not petition for review of a Board decision
under this section unless the Director first petitions the
Board for a reconsideration of its decision, and such peti-
tion is denied. In addition to the named respondent, the
Board and all other parties to the proceedings before the
Board shall have the right to appear in the proceeding be-
fore the court of appeals. The granting of the petition for
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judicial review shall be at the discretion of the Court of
Appeals.’’.
(k) NONDISCLOSURE POLICIES, FORMS, AND AGREE-
MENTS.—
(1) IN GENERAL.—
(A) REQUIREMENT.—Each agreement in
Standard Forms 312 and 4414 of the Govern-
ment and any other nondisclosure policy, form,
or agreement of the Government shall contain the
following statement: ‘‘These restrictions are con-
sistent with and do not supersede, conflict with,
or otherwise alter the employee obligations,
rights, or liabilities created by Executive Order
No. 12958; section 7211 of title 5, United States
Code (governing disclosures to Congress); section
1034 of title 10, United States Code (governing
disclosure to Congress by members of the mili-
tary); section 2302(b)(8) of title 5, United States
Code (governing disclosures of illegality, waste,
fraud, abuse or public health or safety threats);
the Intelligence Identities Protection Act of 1982
(50 U.S.C. 421 et seq.) (governing disclosures
that 
could 
expose 
confidential 
Government
agents); and the statutes which protect against
disclosure that may compromise the national se-