163 
‘‘(2) in providing any covered grant to assist in 
preventing, reducing, mitigating, or responding to 
terrorist attack. 
‘‘(c) MAINTENANCE OF DATABASE.— 
‘‘(1) IN GENERAL.—The Secretary shall main-
tain and annually update the database, including 
by— 
‘‘(A) annually defining and systematically 
examining assets in the database that are de-
scribed incorrectly or that do not meet national 
assets guidelines used by the Secretary to deter-
mine which assets should remain in the Na-
tional Asset Database and the National At-Risk 
Database; 
‘‘(B) annually providing a list to the States 
of assets referred to in subparagraph (A) for 
review before finalizing the decision of which 
assets to include in the National Asset Data-
base and the National At-Risk Database; 
‘‘(C) reviewing the guidelines to the States 
to ensure consistency and uniformity for inclu-
sion and how the Department intends to use 
that data; 
‘‘(D) meeting annually with the States to 
provide guidance and clarification of the guide-
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164 
lines to promote consistency and uniformity in 
submissions; 
‘‘(E) utilizing on an ongoing basis the Na-
tional Asset Database and other expert panels 
established by the Department to review and re-
fine the National Asset Database and the Na-
tional At-Risk Database; and 
‘‘(F) utilizing the Department’s National 
Infrastructure Simulation and Analysis Center 
for the National Asset Database taxonomy and 
asset information in the National Asset Data-
base and facilitating the future exchange of in-
formation between the National Asset Database 
and such center. 
‘‘(2) ORGANIZATION OF INFORMATION IN DATA-
BASE.—The Secretary shall— 
‘‘(A) remove from the National Asset 
Database or the National At-Risk Database any 
asset that the Secretary determines to be un-
verifiable and as not meeting national asset 
guidelines set forth by the Secretary in requests 
for information from States; and 
‘‘(B) classify assets in the database accord-
ing to the 17 sectors listed in National Infra-
structure Protection Plan developed pursuant to 
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165 
Homeland Security Presidential Directive 7, to 
ensure that the assets in the National Asset 
Database and the National At-Risk Database 
can be categorized by State and locality, region-
ally, and in such a manner as is effective for 
grants and other purposes. 
‘‘(3) MILESTONES AND GUIDELINES.—The Sec-
retary shall— 
‘‘(A) identify and evaluate key milestones 
for the National Asset Database and the Na-
tional At-Risk Database, including methods to 
integrate private sector assets and tasks that 
must be completed to eventually allocate home-
land security grant programs based on the in-
formation contained in the database; and 
‘‘(B) issue guidelines for— 
‘‘(i) States to submit uniform infor-
mation for possible inclusion in the Na-
tional Asset Database or the National At- 
Risk Database; and 
‘‘(ii) review of such submissions by 
the Department. 
‘‘(d) REPORTS.— 
‘‘(1) IN GENERAL.—Not later than March 1 of 
each year, the Secretary shall submit to the Com-
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166 
mittee on Homeland Security of the House of Rep-
resentatives and the Committee on Homeland Secu-
rity and Governmental Affairs of the Senate a report 
on the critical infrastructure included in the Na-
tional Asset Database that is most at risk to ter-
rorism. 
‘‘(2) CONTENTS.—Each report shall include the 
following: 
‘‘(A) The name, location, and sector classi-
fication of assets in the National Asset Data-
base that have been identified or deemed crit-
ical infrastructure that is most at risk to ter-
rorism. 
‘‘(B) Changes made in such database re-
garding such critical infrastructure made dur-
ing the period covered by the report regard-
ing— 
‘‘(i) defining and identifying critical 
infrastructure; and 
‘‘(ii) compiling a usable database. 
‘‘(C) The extent to which the database has 
been used as a tool for allocating funds to pre-
vent, reduce, mitigate, and respond to terrorist 
attacks. 
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167 
‘‘(3) CLASSIFIED
INFORMATION.—The Sec-
retary shall provide to the members of the commit-
tees to which the report required under this sub-
section is required to be submitted under paragraph 
(1) a classified briefing on the contents of such re-
port. The Secretary shall also submit with each re-
port a classified annex containing information re-
quired to be submitted under this section that can-
not be made public. 
‘‘(e) COVERED GRANT DEFINED.—In this section, 
the term ‘covered grant’ means any grant provided by the 
Department under any of the following: 
‘‘(1) The Urban Area Security Initiative. 
‘‘(2) The Buffer Zone Protection Program. 
‘‘(3) Any other grant program administered by 
the Department, as determined appropriate by the 
Secretary. 
‘‘(4) Any successor to a program referred to in 
this paragraph.’’. 
(b) DEADLINES FOR IMPLEMENTATION AND NOTIFI-
CATION OF CONGRESS.— 
(1) DEADLINE FOR RECOMMENDATIONS.—Not 
later than 60 days after the date of the enactment 
of this Act, the Secretary of Homeland Security 
shall secure recommendations on how to identify, 
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168 
generate, organize, and maintain the list of assets in 
the databases from the consortium of national lab-
oratories, as required under section 210C(a)(2) of 
the Homeland Security Act of 2002, as added by 
subsection (a). 
(2) DEADLINE FOR FIRST REPORT REGARDING 
USE OF THE NATIONAL ASSET DATABASE.—Notwith-
standing the date specified under section 210C(d) of 
the Homeland Security Act of 2002, as added by 
subsection (a), the Secretary of Homeland Security 
shall submit the first report required under that sec-
tion not later than 180 days after the date of the 
enactment of this Act. 
(c) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of such Act is further amended by inserting 
after the item relating to section 210 the following: 
‘‘Sec. 210C. National Asset Database and National At-Risk Database.’’. 
(d) SUBMITTAL OF CERTAIN REPORTS.—Each report 
that is authorized or required by this Act (or the amend-
ments made by this Act) to be prepared by the Secretary 
of Homeland Security and that concerns a matter of the 
type carried out under an program under the jurisdiction 
of the Committee on Energy and Commerce of the House 
of Representatives shall be submitted to the Committee 
on Energy and Commerce of the House of Representa-
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tives, in addition to the other congressional committees in-
volved. 
TITLE X—TRANSPORTATION SE-
CURITY PLANNING AND IN-
FORMATION SHARING 
SEC. 1001. STRATEGIC TRANSPORTATION SECURITY INFOR-
MATION SHARING. 
Section 114 of title 49, United States Code, is 
amended by adding at the end the following: 
‘‘(u) STRATEGIC INFORMATION SHARING.— 
‘‘(1) ESTABLISHMENT
OF
PLAN.—The Sec-
retary of Homeland Security shall establish a Stra-
tegic Transportation Security Information Sharing 
Plan. 
‘‘(2) PURPOSE OF PLAN.—The plan shall en-
sure the robust development of tactical and strategic 
intelligence products for disseminating to public and 
private stakeholders security information relating to 
threats to and vulnerabilities of transportation 
modes, including aviation, bridge and tunnel, com-
muter rail and ferry, highway, maritime, pipeline, 
rail, mass transit, and over-the-road bus transpor-
tation. 
‘‘(3) CONTENT OF PLAN.—The plan shall in-
clude— 
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170 
‘‘(A) a description of how intelligence ana-
lysts in the Transportation Security Adminis-
tration are coordinating their activities with 
other intelligence analysts in the Department of 
Homeland Security and other Federal, State, 
and local agencies; 
‘‘(B) reasonable deadlines for completing 
any organizational changes within the Depart-
ment of Homeland Security required to accom-
modate implementation of the plan; and 
‘‘(C) a description of resource needs for 
fulfilling the plan. 
‘‘(4) REPORTS TO CONGRESS.— 
‘‘(A) IN
GENERAL.—Not later than 180 
days after the date of enactment of this sub-
section, the Secretary shall submit to the appro-
priate congressional committees a report con-
taining the plan. 
‘‘(B) UPDATES.— 
‘‘(i) CERTIFICATION OF FULL IMPLE-
MENTATION.—After achieving full imple-
mentation of the plan, the Secretary shall 
submit to the appropriate congressional 
committees a written certification of such 
implementation. 
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171 
‘‘(ii) 
UPDATES
ON
IMPLEMENTA-
TION.—Not later than 90 days after the 
date of submission of a report under sub-
paragraph (A), and every 90 days there-
after until the date of submission of a 
written certification under clause (i), the 
Secretary shall submit to the appropriate 
congressional committees a report con-
taining an update on implementation of 
the plan. 
‘‘(C) ANNUAL
REPORT.—Following the 
date of submission of a written certification 
under subparagraph (B)(i), the Secretary shall 
submit to the appropriate congressional com-
mittees an annual report on the following: 
‘‘(i) The number of transportation in-
telligence reports disseminated under the 
plan and a brief description of each report. 
‘‘(ii) The security classification of 
each report. 
‘‘(iii) The number of public and pri-
vate stakeholders who were provided with 
each report. 
‘‘(5) SURVEY.—The Secretary shall conduct an 
annual survey of the satisfaction of each of the re-
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172 
cipients of transportation intelligence reports dis-
seminated under the plan, and include the results of 
the survey as part of the annual report to be sub-
mitted under paragraph (4)(C). 
‘‘(6) SECURITY
CLEARANCES.—The Secretary 
shall ensure that public and private stakeholders 
have the security clearances needed to receive classi-
fied information if information contained in trans-
portation intelligence reports cannot be disseminated 
in an unclassified format. 
‘‘(7) CLASSIFICATION
OF
MATERIAL.—To the 
greatest extent possible, the Secretary shall provide 
public and private stakeholders with specific and ac-
tionable information in an unclassified format. 
‘‘(8) DEFINITIONS.—In this subsection, the fol-
lowing definitions apply: 
‘‘(A) APPROPRIATE CONGRESSIONAL COM-
MITTEES.—The term ‘appropriate congressional 
committees’ has the meaning given that term in 
subsection (t). 
‘‘(B) PLAN.—The term ‘plan’ means the 
Strategic Transportation Security Information 
Sharing Plan established under paragraph (1). 
‘‘(C) 
PUBLIC
AND
PRIVATE
STAKE-
HOLDERS.—The term ‘public and private stake-
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173 
holders’ means Federal, State, and local agen-
cies, tribal governments, and appropriate pri-
vate entities, including nonprofit employee labor 
organizations.’’. 
SEC. 1002. TRANSPORTATION SECURITY STRATEGIC PLAN-
NING. 
(a) IN GENERAL.—Section 114(t)(1)(B) of title 49, 
United States Code, is amended to read as follows: 
‘‘(B) transportation modal security plans 
addressing risks, threats, and vulnerabilities for 
aviation, bridge and tunnel, commuter rail and 
ferry, highway, maritime, pipeline, rail, mass 
transit, over-the-road bus, and other public 
transportation infrastructure assets.’’. 
(b) ROLE OF SECRETARY OF TRANSPORTATION.— 
Section 114(t)(2) of such title is amended by inserting be-
fore the period at the end the following: ‘‘and in carrying 
out all other responsibilities set forth in this subsection’’. 
(c) CONTENTS OF NATIONAL STRATEGY FOR TRANS-
PORTATION SECURITY.—Section 114(t)(3) of such title is 
amended— 
(1) in subparagraph (B) by inserting ‘‘, based 
on vulnerability assessments conducted by the De-
partment of Homeland Security,’’ after ‘‘risk-based 
priorities’’; 
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(2) in subparagraph (D)— 
(A) by striking ‘‘and local’’ and inserting 
‘‘, local, and tribal’’; and 
(B) by striking ‘‘private sector cooperation 
and participation’’ and inserting ‘‘cooperation 
and participation by private sector entities, in-
cluding nonprofit employee labor organiza-
tions,’’; 
(3) in subparagraph (E)— 
(A) by striking ‘‘response’’ and inserting 
‘‘prevention, response,’’; and 
(B) by inserting ‘‘and outside of’’ before 
‘‘the United States’’; and 
(4) in subparagraph (F) by adding at the end 
the following: ‘‘Research and development projects 
initiated by the Department of Homeland Security 
shall be based on such prioritization.’’. 
(d) 
PERIODIC
PROGRESS
REPORT.—Section 
114(t)(4)(C) is amended— 
(1) in clause (i) by inserting before the period 
at the end the following: ‘‘, including the transpor-
tation modal security plans’’; 
(2) by striking clause (ii) and inserting the fol-
lowing: 
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‘‘(ii) CONTENT.—Each progress re-
port submitted under this subparagraph 
shall include, at a minimum, the following: 
‘‘(I) Recommendations for im-
proving and implementing the Na-
tional Strategy for Transportation Se-
curity and the transportation modal 
security plans that the Secretary, in 
consultation with the Secretary of 
Transportation, considers appropriate. 
‘‘(II) An accounting of all grants 
for transportation security, including 
grants for research and development, 
distributed by the Department of 
Homeland Security in the previous 
year and a description of how the 
grants accomplished the goals of the 
National Strategy for Transportation 
Security. 
‘‘(III) An accounting of all funds 
(other than grants referred in sub-
clause (II)) expended by the Depart-
ment of Homeland Security on trans-
portation security. 
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‘‘(IV) Information on the number 
of employees of the Department of 
Homeland Security, by agency, work-
ing on transportation security issues. 
The listing shall be divided by trans-
portation mode, including aviation, 
bridge and tunnel, commuter rail and 
ferry, highway, maritime, pipeline, 
rail, mass transit, over-the-road bus, 
and 
other 
public 
transportation 
modes. The listing shall include infor-
mation, by transportation mode, on 
the number of contractors hired by 
the Department of Homeland Security 
to work on transportation-related se-
curity. 
‘‘(V) Information on the turnover 
in the previous year among employees 
of the Department of Homeland Secu-
rity working on transportation secu-
rity issues. Specifically, the report 
shall provide information on the num-
ber of employees who have left the 
Department, their agency, the area in 
which they worked, and the amount of 
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177 
time that they worked for the Depart-
ment. 
‘‘(iii) WRITTEN
EXPLANATION
OF 
TRANSPORTATION
SECURITY
ACTIVITIES 
NOT
DELINEATED
IN
THE
NATIONAL 
STRATEGY
FOR
TRANSPORTATION
SECU-
RITY.—Before carrying out a transpor-
tation security activity that is not clearly 
delineated in the National Strategy for 
Transportation Security, the Secretary 
shall submit to appropriate congressional 
committees a written explanation of the ac-
tivity, including the amount of funds to be 
expended for the activity.’’. 
(e) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
FINED.—Section 114(t)(4)(E) of such title is amended by 
striking ‘‘Select’’. 
(f) PRIORITY STATUS.—Section 114(t)(5)(B) of such 
title is amended— 
(1) by striking ‘‘and’’ at the end of clause (iii); 
(2) by redesignating clause (iv) as clause (v); 
and 
(3) by inserting after clause (iii) the following: 
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‘‘(iv) the transportation sector specific 
plan required under Homeland Security 
Presidential Directive 7; and’’. 
(g) COORDINATION; PLAN DISTRIBUTION.—Section 
114(t) of such title is amended by adding at the end the 
following: 
‘‘(6) COORDINATION.—In carrying out the re-
sponsibilities set forth in this section, the Secretary 
of Homeland Security, working with the Secretary of 
Transportation, shall consult with Federal, State, 
and local agencies, tribal governments, private sector 
entities (including nonprofit employee labor organi-
zations), institutions of higher learning, and other 
appropriate entities. 
‘‘(7) PLAN
DISTRIBUTION.—The Secretary of 
Homeland Security shall provide an unclassified 
version of the National Strategy for Transportation 
Security to Federal, State, and local agencies, tribal 
governments, private sector entities (including non-
profit employee labor organizations), institutions of 
higher learning, and other appropriate entities.’’. 
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TITLE XI—PRIVATE SECTOR 
PREPAREDNESS 
SEC. 1101. PARTICIPATION OF PRIVATE SECTOR ORGANIZA-
TIONS IN EMERGENCY PREPAREDNESS AND 
RESPONSE ACTIVITIES. 
(a) ESTABLISHMENT
OF
PREPAREDNESS
PRO-
GRAM.—Section 519 of the Homeland Security Act of 
2002 (6 U.S.C. 318) is amended— 
(1) by striking the section heading and insert-
ing the following: 
‘‘SEC. 519. PARTICIPATION OF PRIVATE SECTOR ORGANIZA-
TIONS IN EMERGENCY PREPAREDNESS AND 
RESPONSE ACTIVITIES.’’; 
(2) by inserting ‘‘(a) USE OF PRIVATE SECTOR 
NETWORKS
IN EMERGENCY RESPONSE.—’’ before 
‘‘To the maximum’’; and 
(3) by adding at the end the following: 
‘‘(b) PRIVATE SECTOR EMERGENCY PREPAREDNESS 
PROGRAM.— 
‘‘(1) PREPAREDNESS
PROGRAM.—Not later 
than 90 days after the date of enactment of this 
subsection, the Secretary shall develop and imple-
ment a program to enhance private sector prepared-
ness for acts of terrorism and other emergencies and 
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180 
disasters through the promotion of the use of vol-
untary consensus standards. 
‘‘(2) PROGRAM
ELEMENTS.—In carrying out 
the program, the Secretary shall develop guidance 
and identify best practices to assist or foster action 
by the private sector in— 
‘‘(A) identifying hazards and assessing 
risks and impacts; 
‘‘(B) mitigating the impacts of a wide vari-
ety of hazards, including weapons of mass de-
struction; 
‘‘(C) managing necessary emergency pre-
paredness and response resources; 
‘‘(D) developing mutual aid agreements; 
‘‘(E) developing and maintaining emer-
gency preparedness and response plans, as well 
as associated operational procedures; 
‘‘(F) developing and conducting training 
and exercises to support and evaluate emer-
gency preparedness and response plans and 
operational procedures; 
‘‘(G) developing and conducting training 
programs for security guards to implement 
emergency preparedness and response plans 
and operations procedures; and 
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181 
‘‘(H) developing procedures to respond to 
external requests for information from the 
media and the public. 
‘‘(3) STANDARDS.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
support the development of, promulgate, and 
regularly update as necessary national vol-
untary consensus standards for private sector 
emergency preparedness that will enable private 
sector organizations to achieve optimal levels of 
emergency preparedness as soon as practicable. 
Such standards shall include the National Fire 
Protection Association 1600 Standard on Dis-
aster/Emergency Management and Business 
Continuity Programs. 
‘‘(B) 
CONSULTATION.—The 
Secretary 
shall carry out paragraph (1) in consultation 
with the Assistant Secretary for Infrastructure 
Protection, the Assistant Secretary for Cyber 
Security and Communications, the Under Sec-
retary for Science and Technology, the Director 
of the Federal Emergency Management Agency, 
and the Special Assistant to the Secretary for 
the Private Sector. 
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‘‘(4) COORDINATION.—The Secretary shall co-
ordinate the program with, and utilize to the max-
imum extent practicable— 
‘‘(A) the voluntary standards for disaster 
and emergency management and business con-
tinuity programs accredited by the American 
National Standards Institute and developed by 
the National Fire Protection Association; and 
‘‘(B) any existing private sector emergency 
preparedness guidance or best practices devel-
oped by private sector industry associations or 
other organizations.’’. 
(b) CONFORMING AMENDMENT.—The table of con-
tents contained in section 1(b) of such Act is amended 
by striking the item relating to section 519 and inserting 
the following: 
‘‘Sec. 519. Participation of private sector organizations in emergency prepared-
ness and response activities.’’. 
TITLE XII—PREVENTING WEAP-
ONS OF MASS DESTRUCTION 
PROLIFERATION 
AND 
TER-
RORISM 
SEC. 1201. FINDINGS. 
(a) FINDINGS OF THE 9/11 COMMISSION.—Congress 
finds that the 9/11 Commission made the following deter-
minations: 
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(1) The United States Government has made 
insufficient progress, and receives a grade ‘‘D’’, on 
efforts to prevent weapons of mass destruction 
(WMD) proliferation and terrorism. 
(2) The Cooperative Threat Reduction (CTR) 
program has made significant accomplishments, but 
much remains to be done to secure weapons-grade 
nuclear materials. The size of the problem still 
dwarfs the policy response. Nuclear materials in the 
former Soviet Union still lack effective security pro-
tection, and sites throughout the world contain 
enough highly-enriched uranium to fashion a nuclear 
device but lack even basic security features. 
(3) Preventing the proliferation of WMD and 
acquisition of such weapons by terrorists warrants a 
maximum effort, by strengthening counter-prolifera-
tion efforts, expanding the Proliferation Security 
Initiative (PSI), and supporting the Cooperative 
Threat Reduction (CTR) Program. 
(4) Preventing terrorists from gaining access to 
WMD must be an urgent national security priority 
because of the threat such access poses to the Amer-
ican people. The President should develop a com-
prehensive plan to dramatically accelerate the time-
table for securing all nuclear weapons-usable mate-
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184 
rial around the world and request the necessary re-
sources to complete this task. The President should 
publicly state this goal and ensure its fulfillment. 
(5) Congress should provide the resources need-
ed to secure vulnerable materials as quickly as pos-
sible. 
(b) RECOMMENDATIONS
OF 9/11 COMMISSION.— 
Congress further finds that the 9/11 Commission has 
made the following recommendations: 
(1) STRENGTHEN ‘‘COUNTER-PROLIFERATION’’ 
EFFORTS.—The United States should work with the 
international community to develop laws and an 
international legal regime with universal jurisdiction 
to enable any state in the world to capture, interdict, 
and prosecute smugglers of nuclear material. 
(2) EXPAND
THE
PROLIFERATION
SECURITY 
INITIATIVE.—In carrying out the Proliferation Secu-
rity Initiative (PSI), the United States should— 
(A) use intelligence and planning resources 
of the North Atlantic Treaty Organization 
(NATO) alliance; 
(B) make participation open to non-NATO 
countries; and 
(C) encourage Russia and the People’s Re-
public of China to participate. 
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(3) SUPPORT THE COOPERATIVE THREAT RE-
DUCTION PROGRAM.—The United States should ex-
pand, improve, increase resources for, and otherwise 
fully support the Cooperative Threat Reduction 
(CTR) program. 
SEC. 1202. DEFINITIONS. 
In this title: 
(1) The terms ‘‘prevention of weapons of mass 
destruction proliferation and terrorism’’ and ‘‘pre-
vention of WMD proliferation and terrorism’’ in-
clude activities under— 
(A) the programs specified in section 
1501(b) of the National Defense Authorization 
Act for Fiscal Year 1997 (Public Law 104–201; 
110 Stat. 2731; 50 U.S.C. 2362 note); 
(B) the programs for which appropriations 
are authorized by section 3101(a)(2) of the Bob 
Stump National Defense Authorization Act for 
Fiscal Year 2003 (Public Law 107–314; 116 
Stat. 2458); 
(C) programs authorized by section 504 of 
the Freedom for Russia and Emerging Eur-
asian Democracies and Open Markets Support 
Act of 1992 (the FREEDOM Support Act) (22 
U.S.C. 5854) and programs authorized by sec-
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186 
tion 1412 of the Former Soviet Union Demili-
tarization Act of 1992 (22 U.S.C. 5902); and 
(D) a program of any agency of the Fed-
eral Government having a purpose similar to 
that of any of the programs identified in sub-
paragraphs (A) through (C), as designated by 
the United States Coordinator for the Preven-
tion of Weapons of Mass Destruction Prolifera-
tion and Terrorism and the head of the agency. 
(2) The terms ‘‘weapons of mass destruction’’ 
and ‘‘WMD’’ mean chemical, biological, and nuclear 
weapons, and chemical, biological, and nuclear mate-
rials that can be used in the manufacture of such 
weapons. 
(3) The term ‘‘items of proliferation concern’’ 
means equipment or other materials that could be 
used to develop WMD or for activities involving 
WMD. 
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Subtitle A—Repeal and Modifica-
tion of Limitations on Assist-
ance for Prevention of WMD 
Proliferation and Terrorism 
SEC. 1211. REPEAL AND MODIFICATION OF LIMITATIONS 
ON ASSISTANCE FOR PREVENTION OF WEAP-
ONS OF MASS DESTRUCTION PROLIFERATION 
AND TERRORISM. 
Consistent with the recommendations of the 9/11 
Commission, Congress repeals or modifies the limitations 
on assistance for prevention of weapons of mass destruc-
tion (WMD) proliferation and terrorism as follows: 
(1) SOVIET NUCLEAR THREAT REDUCTION ACT 
OF
1991.—Section 211(b) of the Soviet Nuclear 
Threat Reduction Act of 1991 (title II of Public 
Law 102–228; 22 U.S.C. 2551 note) is repealed. 
(2) COOPERATIVE THREAT REDUCTION ACT OF 
1993.—Section 1203(d) of the Cooperative Threat 
Reduction Act of 1993 (title XII of Public Law 
103–160; 22 U.S.C. 5952(d)) is repealed. 
(3) RUSSIAN
CHEMICAL
WEAPONS
DESTRUC-
TION FACILITIES.—Section 1305 of the National De-
fense Authorization Act for Fiscal Year 2000 (Pub-
lic Law 106–65; 22 U.S.C. 5952 note) is repealed. 
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188 
(4) AUTHORITY TO USE COOPERATIVE THREAT 
REDUCTION FUNDS OUTSIDE THE FORMER SOVIET 
UNION—MODIFICATION
OF
CERTIFICATION
RE-
QUIREMENT; 
REPEAL
OF
FUNDING
LIMITATION; 
CONGRESSIONAL
NOTICE
REQUIREMENT.—Section 
1308 of the National Defense Authorization Act for 
Fiscal Year 2004 (Public Law 108–136; 22 U.S.C. 
5963) is amended— 
(A) in subsection (a)— 
(i) by striking ‘‘the President may’’ 
and inserting ‘‘the Secretary of Defense 
may’’; and 
(ii) by striking ‘‘if the President’’ and 
inserting ‘‘if the Secretary of Defense, with 
the concurrence of the Secretary of 
State,’’; 
(B) by striking subsection (c); 
(C) in subsection (d)(1)— 
(i) by striking ‘‘The President may 
not’’ and inserting ‘‘The Secretary of De-
fense may not’’; and 
(ii) by striking ‘‘until the President’’ 
and inserting ‘‘until the Secretary of De-
fense’’; 
(D) in subsection (d)(2)— 
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189 
(i) by striking ‘‘Not later than 10 
days after’’ and inserting ‘‘Not later than 
15 days prior to’’; 
(ii) by striking ‘‘the President shall’’ 
and inserting ‘‘the Secretary of Defense 
shall’’; and 
(iii) by striking ‘‘Congress’’ and in-
serting ‘‘the Committee on Armed Services 
and the Committee on Foreign Affairs of 
the House of Representatives and the 
Committee on Armed Services and Com-
mittee on Foreign Relations of the Sen-
ate’’; and 
(E) in subsection (d) by adding at the end 
the following: 
‘‘(3) In the case of a situation that threatens human 
life or safety or where a delay would severely undermine 
the national security of the United States, notification 
under paragraph (2) shall be made not later than 10 days 
after obligating funds under the authority in subsection 
(a) for a project or activity.’’. 
(5) AUTHORITY TO USE INTERNATIONAL NU-
CLEAR MATERIALS PROTECTION AND COOPERATION 
PROGRAM
FUNDS
OUTSIDE
THE
FORMER
SOVIET 
UNION—MODIFICATION
OF
CERTIFICATION
RE-
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190 
QUIREMENT; 
REPEAL
OF
FUNDING
LIMITATION; 
CONGRESSIONAL
NOTICE
REQUIREMENT.—Section 
3124 of the National Defense Authorization Act for 
Fiscal Year 2004 (Public Law 108–136; 117 Stat. 
1747) is amended— 
(A) in subsection (a)— 
(i) by striking ‘‘the President may’’ 
and inserting ‘‘the Secretary of Energy 
may’’; and 
(ii) by striking ‘‘if the President’’ and 
inserting ‘‘if the Secretary of Energy, with 
the concurrence of the Secretary of 
State,’’; 
(B) by striking subsection (c); 
(C) in subsection (d)(1)— 
(i) by striking ‘‘The President may 
not’’ and inserting ‘‘The Secretary of En-
ergy may not’’; and 
(ii) by striking ‘‘until the President’’ 
and inserting ‘‘until the Secretary of En-
ergy’’; 
(D) in subsection (d)(2)— 
(i) by striking ‘‘Not later than 10 
days after’’ and inserting ‘‘Not later than 
15 days prior to’’; 
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191 
(ii) by striking ‘‘the President shall’’ 
and inserting ‘‘the Secretary of Energy 
shall’’; and 
(iii) by striking ‘‘Congress’’ and in-
serting ‘‘the Committee on Armed Services 
and the Committee on Foreign Affairs of 
the House of Representatives and the 
Committee on Armed Services and Com-
mittee on Foreign Relations of the Sen-
ate’’; and 
(E) in subsection (d) by adding at the end 
the following: 
‘‘(3) In the case of a situation that threatens human 
life or safety or where a delay would severely undermine 
the national security of the United States, notification 
under paragraph (2) shall be made not later than 10 days 
after obligating funds under the authority in subsection 
(a) for a project or activity.’’. 
Subtitle B—Proliferation Security 
Initiative 
SEC. 1221. PROLIFERATION SECURITY INITIATIVE IM-
PROVEMENTS AND AUTHORITIES. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress, consistent with the 9/11 Commission’s rec-
ommendations, that the President should strive to expand 
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and strengthen the Proliferation Security Initiative (PSI) 
announced by the President on May 31, 2003, with a par-
ticular emphasis on the following: 
(1) Issuing a presidential directive to the rel-
evant government agencies and departments that es-
tablishes a defined annual budget and clear authori-
ties, and provides other necessary resources and 
structures to achieve more efficient and effective 
performance of United States PSI-related activities. 
(2) Working with the United Nations Security 
Council to develop a resolution to authorize the PSI 
under international law. 
(3) Increasing PSI cooperation with non-NATO 
partners. 
(4) Implementing the recommendations of the 
Government Accountability Office (GAO) in the Sep-
tember 2006 report titled ‘‘Better Controls Needed 
to Plan and Manage Proliferation Security Initiative 
Activities’’ (GAO–06–937C), including the following: 
(A) The Department of Defense and the 
Department of State should establish clear PSI 
roles and responsibilities, policies and proce-
dures, interagency communication mechanisms, 
documentation requirements, and indicators to 
measure program results. 
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(B) The Department of Defense and the 
Department of State should develop a strategy 
to work with PSI-participating countries to re-
solve issues that are impediments to conducting 
successful PSI interdictions. 
(5) Expanding and formalizing the PSI into a 
multilateral regime to increase coordination, co-
operation, and compliance among its participating 
states in interdiction activities. 
(b) BUDGET SUBMISSION.—The Secretary of State 
and the Secretary of Defense shall submit a defined budg-
et for the PSI, beginning with the budget submissions for 
their respective departments for fiscal year 2009. 
(c) IMPLEMENTATION REPORT.—Not later than 180 
days after the date of the enactment of this Act, the Presi-
dent shall transmit to the Committee on Armed Services 
and the Committee on Foreign Affairs of the House of 
Representatives and the Committee on Armed Services 
and the Committee on Foreign Relations of the Senate 
a report on the implementation of this section. The report 
shall include— 
(1) the steps taken to implement the rec-
ommendations described in paragraph (4) of sub-
section (a); and 
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194 
(2) the progress made toward implementing the 
matters described in paragraphs (1), (2), (3), and 
(5) of subsection (a). 
(d) GAO ANNUAL REPORT.—The Government Ac-
countability Office shall submit to Congress, beginning in 
fiscal year 2007, an annual report with its assessment of 
the progress and effectiveness of the PSI, which shall in-
clude an assessment of the measures referred to in sub-
section (a). 
SEC. 1222. AUTHORITY TO PROVIDE ASSISTANCE TO COOP-
ERATIVE COUNTRIES. 
(a) IN GENERAL.—The President is authorized to 
provide, on such terms as the President considers appro-
priate, assistance under subsection (b) to any country that 
cooperates with the United States and with other coun-
tries allied with the United States to prevent the transport 
and transshipment of items of proliferation concern in its 
national territory or airspace or in vessels under its control 
or registry. 
(b) TYPES OF ASSISTANCE.—The assistance author-
ized under subsection (a) consists of the following: 
(1) Assistance under section 23 of the Arms 
Export Control Act (22 U.S.C. 2763). 
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195 
(2) Assistance under chapters 4 (22 U.S.C. 
2346 et seq.) and 5 (22 U.S.C. 2347 et seq.) of part 
II of the Foreign Assistance Act of 1961. 
(3) Drawdown of defense excess defense articles 
and services under section 516 of the Foreign As-
sistance Act of 1961 (22 U.S.C. 2321j). 
(c) CONGRESSIONAL NOTIFICATION.—Assistance au-
thorized under this section may not be provided until at 
least 30 days after the date on which the President has 
provided notice thereof to the Committee on Armed Serv-
ices, the Committee on Foreign Affairs, and the Com-
mittee on Appropriations of the House of Representatives 
and the Committee on Armed Services, the Committee on 
Foreign Relations, and the Committee on Appropriations 
of the Senate, in accordance with the procedures applica-
ble to reprogramming notifications under section 634A(a) 
of the Foreign Assistance Act of 1961 (22 U.S.C. 2394- 
1(a)), and has certified to such committees that such as-
sistance will be used in accordance with the requirement 
of subsection (e) of this section. 
(d) LIMITATION.—Assistance may be provided to a 
country under section (a) in no more than three fiscal 
years. 
(e) USE OF ASSISTANCE.—Assistance provided under 
this section shall be used to enhance the capability of the 
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recipient country to prevent the transport and trans-
shipment of items of proliferation concern in its national 
territory or airspace, or in vessels under its control or reg-
istry, including through the development of a legal frame-
work in that country, consistent with any international 
laws or legal authorities governing the PSI, to enhance 
such capability by criminalizing proliferation, enacting 
strict export controls, and securing sensitive materials 
within its borders, and to enhance the ability of the recipi-
ent country to cooperate in operations conducted with 
other participating countries. 
(f) LIMITATION ON SHIP OR AIRCRAFT TRANSFERS 
TO UNCOOPERATIVE COUNTRIES.—Notwithstanding any 
other provision of law, the United States may not transfer 
any excess defense article that is a vessel or an aircraft 
to a country that has not agreed that it will support and 
assist efforts by the United States to interdict items of 
proliferation concern until thirty days after the date on 
which the President has provided notice of the proposed 
transfer to the appropriate congressional committees in 
accordance with the procedures applicable to reprogram-
ming notifications under section 634A(a) of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2394-1(a)), in addition 
to any other requirement of law. 
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Subtitle C—Assistance to Accel-
erate 
Programs 
to 
Prevent 
Weapons of Mass Destruction 
Proliferation and Terrorism 
SEC. 1231. FINDINGS; STATEMENT OF POLICY. 
(a) FINDINGS.—Congress is aware that certain 
United States threat reduction and nonproliferation pro-
grams have in past years encountered obstacles to timely 
obligating and executing the full amount of appropriated 
funds, and that certain United States threat reduction and 
nonproliferation programs currently encounter such obsta-
cles and therefore maintain unobligated and uncosted bal-
ances. Such obstacles include lack of effective policy guid-
ance, limits on program scope, practical inefficiencies, lack 
of cooperation with other countries, and lack of effective 
leadership to overcome such obstacles. 
(b) STATEMENT OF POLICY.—It shall be the policy 
of the United States, consistent with the 9/11 Commis-
sion’s recommendations, to eliminate the obstacles de-
scribed in subsection (a) with concrete measures, such as 
those described in this title, to accelerate and strengthen 
progress on preventing weapons of mass destruction 
(WMD) proliferation and terrorism. Such measures de-
scribed in this title include the removal and modification 
of statutory limits to executing funds, the expansion and 
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