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Introduced in Senate (01/24/2005)

 
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 12 Introduced in Senate (IS)]

<DOC>






109th CONGRESS
  1st Session
                                 S. 12

       To combat international terrorism, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 24, 2005

   Mr. Biden (for himself, Mr. Reid, Mr. Bingaman, Ms. Mikulski, Mr. 
Durbin, Ms. Stabenow, Mr. Rockefeller, Mr. Lautenberg, and Mr. Schumer) 
introduced the following bill; which was read twice and referred to the 
                     Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL


 
       To combat international terrorism, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Targeting Terrorists More 
Effectively Act of 2005''.

               TITLE I--EFFECTIVELY TARGETING TERRORISTS

SEC. 101. SENSE OF CONGRESS ON INCREASING THE NUMBER OF ARMY SPECIAL 
              OPERATIONS FORCES.

    It is the sense of Congress that the number of active-duty Army 
Special Forces-qualified personnel should be increased during the four 
years after the date of the enactment of this Act so that on the date 
that is four years after the date of such enactment such number is 
6,144.

SEC. 102. FOREIGN LANGUAGE EXPERTISE.

    (a) Findings.--Congress makes the following findings:
            (1) Success in the global war on terrorism will require a 
        dramatic increase in institutional and personal expertise in 
        the languages and cultures of the societies where terrorism has 
        taken root, including a substantial increase in the number of 
        national security personnel who obtain expert lingual training.
            (2) The National Commission on Terrorist Attacks Upon the 
        United States identified the countries in the Middle East, 
        South Asia, Southeast Asia, and West Africa as countries that 
        serve or could serve as terrorist havens.
            (3) Although 22 countries have Arabic as their official 
        language, the National Commission on Terrorist Attacks Upon the 
        United States found that a total of only 6 undergraduate 
        degrees for the study of Arabic were granted by United States 
        colleges and universities in 2002.
            (4) The report of the National Commission on Terrorist 
        Attacks Upon the United States contained several criticisms of 
        the lack of linguistic expertise in the Central Intelligence 
        Agency and the Federal Bureau of Investigation prior to the 
        September 11, 2001 terrorist attacks, and called for the 
        Central Intelligence Agency to ``develop a stronger language 
        program, with high standards and sufficient financial 
        incentives''.
            (5) An audit conducted by the Department of Justice in July 
        2004, revealed that the Federal Bureau of Investigation has a 
        backlog of hundreds of thousands of untranslated audio 
        recordings from terror and espionage investigations.
            (6) The National Security Education Program Trust Fund, 
        which funds critical grant and scholarship programs for 
        linguistic training in regions critical to national security, 
        will have exhausted all its funding by fiscal year 2006, unless 
        additional appropriations are made to the Trust Fund.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) the overwhelming majority of Muslims reject terrorism 
        and a small, radical minority has grossly distorted the 
        teachings of one of the world's great faiths to seek 
        justification for acts of terrorism, such radical Islamic 
        fundamentalism constitutes a primary threat to the national 
        security interests of the United States, and an effective 
        strategy for combating terrorism should include increasing the 
        number of personnel throughout the Federal Government with 
        expertise in languages spoken in predominately Muslim countries 
        and in the culture of such countries;
            (2) Muslim-Americans constitute an integral and cherished 
        part of the fabric of American society and possess many 
        talents, including linguistic, historic, and cultural expertise 
        that should be harnessed in the war against radical, 
        fundamentalist terror; and
            (3) amounts appropriated for the National Flagship Language 
        Initiative pursuant to the amendments made by subsection (e)(2) 
        should be used to support the establishment, operation, and 
        improvement of programs for the study of Arabic, Persian, and 
        other Middle Eastern, South Asian, Southeast Asian, and West 
        African languages in institutes of higher education in the 
        United States.
    (c) Authorization of Appropriations.--
            (1) National security education trust fund.--Section 810 of 
        the David L. Boren National Security Education Act of 1991 (50 
        U.S.C. 1910) is amended by adding at the end the following:
    ``(d) Authorization of Appropriations for the Fund for Fiscal Year 
2006.--
            ``(1) In general.--There are authorized to be appropriated 
        to the Fund $150,000,000 for fiscal year 2006.
            ``(2) Availability of funds.--Amounts appropriated pursuant 
        to the authorization of appropriations in paragraph (1) shall 
        remain available until expended and not more than $15,000,000 
        of such amounts may be obligated and expended during any fiscal 
        year.''.
            (2) National flagship language initiative.--
                    (A) In general.--Section 811(a) of the David L. 
                Boren National Security Education Act of 1991 (50 
                U.S.C. 1911(a)) is amended by striking ``there is 
                authorized to be appropriated to the Secretary for each 
                fiscal year, beginning with fiscal year 2003, 
                $10,000,000'' and inserting ``there are authorized to 
                be appropriated to the Secretary for each fiscal year 
                2003 through 2005, $10,000,000, and for each fiscal 
                year after 2005, $20,000,000,''.
                    (B) Availability of funds.--Section 811(b) of such 
                Act (50 U.S.C. 1911(b)) is amended by inserting ``for 
                fiscal years 2003 through 2005'' after ``this 
                section''.
            (3) Demonstration program.--There are authorized to be 
        appropriated to the Director of National Intelligence such sums 
        as may be necessary for each of fiscal years 2006, 2007, and 
        2008 in order to carry out the demonstration program 
        established under subsection (c).

SEC. 103. CURTAILING TERRORIST FINANCING.

    (a) Findings.--Congress makes the following findings:
            (1) The report of the National Commission on Terrorist 
        Attacks Upon the United States stated that ``[v]igorous efforts 
        to track terrorist financing must remain front and center in 
        United States counterterrorism efforts''.
            (2) The report of the Independent Task Force sponsored by 
        the Council on Foreign Relations stated that ``currently 
        existing U. S. and international policies, programs, 
        structures, and organizations will be inadequate to assure 
        sustained results commensurate with the ongoing threat posed to 
        the national security of the United States''.
            (3) The report of the Independent Task Force contained the 
        conclusion that ``[l]ong-term success will depend critically 
        upon the structure, integration, and focus of the U. S. 
        Government--and any intergovernmental efforts undertaken to 
        address this problem''.
    (b) Policy.--It is the policy of the United States--
            (1) to work with the Government of Saudi Arabia to curtail 
        terrorist financing originating from that country using a range 
        of methods, including diplomacy, intelligence, and law 
        enforcement;
            (2) to ensure effective coordination and sufficient 
        resources for efforts of the agencies and departments of the 
        United States to disrupt terrorist financing by carrying out, 
        through the Office of Terrorism and Financial Intelligence in 
        the Department of the Treasury, a comprehensive analysis of the 
        budgets and activities of all such agencies and departments 
        that are related to disrupting the financing of terrorist 
        organizations;
            (3) to provide each agency or department of the United 
        States with the appropriate number of personnel to carry out 
        the activities of such agency or department related to 
        disrupting the financing of terrorist organizations;
            (4) to centralize the coordination of the efforts of the 
        United States to combat terrorist financing and utilize 
        existing authorities to identify foreign jurisdictions and 
        foreign financial institutions suspected of abetting terrorist 
        financing and take actions to prevent the provision of 
        assistance to terrorists; and
            (5) to work with other countries to develop and enforce 
        strong domestic terrorist financing laws, and increase funding 
        for bilateral and multilateral programs to enhance training and 
        capacity-building in countries who request assistance.
    (c) Authorization of Appropriations To Provide Technical Assistance 
To Prevent Financing of Terrorists.--
            (1) In general.--There are authorized to be appropriated to 
        the President for the ``Economic Support Fund'' to provide 
        technical assistance under the provisions of chapter 4 of part 
        II of the Foreign Assistance Act of 1961 (22 U.S.C. 2346 et 
        seq.) to foreign countries to assist such countries in 
        preventing the financing of terrorist activities--
                    (A) for fiscal year 2006, $300,000,000; and
                    (B) for fiscal years 2007 and 2008, such sums as 
                may be necessary.
            (2) Availability of funds.--Amounts appropriated pursuant 
        to the authorization of appropriations in this subsection are 
        authorized to remain available until expended.
            (3) Additional funds.--Amounts authorized to be 
        appropriated under this subsection are in addition to amounts 
        otherwise available for such purposes.

SEC. 104. PROHIBITION ON TRANSACTIONS WITH COUNTRIES THAT SUPPORT 
              TERRORISM.

    (a) Clarification of Certain Actions Under IEEPA.--In any case in 
which the President takes action under the International Emergency 
Economic Powers Act (50 U.S.C. 1701 et seq.) with respect to a foreign 
country, or persons dealing with or associated with the government of 
that foreign country, as a result of a determination by the Secretary 
of State that the government of that foreign country has repeatedly 
provided support for acts of international terrorism, such action shall 
apply to a United States person or other person.
    (b) Definitions.--In this section:
            (1) Controlled in fact.--The term ``is controlled in fact'' 
        includes--
                    (A) in the case of a corporation, holds at least 50 
                percent (by vote or value) of the capital structure of 
                the corporation; and
                    (B) in the case of any other kind of legal entity, 
                holds interests representing at least 50 percent of the 
                capital structure of the entity.
            (2) State.--The term ``State'' means each of the several 
        States of the United States, the District of Columbia, the 
        Commonwealth of Puerto Rico, Guam, the Virgin Islands, and 
        other territories or possessions of the United States.
            (3) United states person.--The term ``United States 
        person'' includes any United States citizen, permanent resident 
        alien, entity organized under the law of the United States or 
        of any State (including foreign branches), wherever located, or 
        any other person in the United States.
    (c) Applicability.--
            (1) In general.--In any case in which the President has 
        taken action under the International Emergency Economic Powers 
        Act and such action is in effect on the date of enactment of 
        this Act, the provisions of subsection (a) shall not apply to a 
        United States person (or other person) if such person divests 
        or terminates its business with the government or person 
        identified by such action within 90 days after the date of 
        enactment of this Act.
            (2) Actions after date of enactment.--In any case in which 
        the President takes action under the International Emergency 
        Economic Powers Act on or after the date of enactment of this 
        Act, the provisions of subsection (a) shall not apply to a 
        United States person (or other person) if such person divests 
        or terminates its business with the government or person 
        identified by such action within 90 days after the date of such 
        action.
    (d) Notification of Congress of Termination of Investigation by 
Office of Foreign Assets Control.--The Office of Federal Procurement 
Policy Act (41 U.S.C. 403 et seq.) is amended by adding at the end the 
following new section:

``SEC. 42. NOTIFICATION OF CONGRESS OF TERMINATION OF INVESTIGATION BY 
              OFFICE OF FOREIGN ASSETS CONTROL.

    ``The Director of the Office of Foreign Assets Control shall notify 
Congress upon the termination of any investigation by the Office of 
Foreign Assets Control of the Department of the Treasury if any 
sanction is imposed by the Director of such office as a result of the 
investigation.''.

   TITLE II--PREVENTING THE GROWTH OF RADICAL ISLAMIC FUNDAMENTALISM

             Subtitle A--Quality Educational Opportunities

SEC. 201. FINDINGS, POLICY, AND DEFINITION.

    (a) Findings.--Congress makes the following findings:
            (1) The report of the National Commission on Terrorist 
        Attacks Upon the United States stated that ``[e]ducation that 
        teaches tolerance, the dignity and value of each individual, 
        and respect for different beliefs is a key element in any 
        global strategy to eliminate Islamic terrorism''.
            (2) According to the United Nations Development Program 
        Arab Human Development Report for 2002, 10,000,000 children 
        between the ages of 6 through 15 in the Arab world do not 
        attend school, and \2/3\ of the 65,000,000 illiterate adults in 
        the Arab world are women.
            (3) The report of the National Commission on Terrorist 
        Attacks Upon the United States concluded that ensuring 
        educational opportunity is essential to the efforts of the 
        United States to defeat global terrorism and recommended that 
        the United States Government ``should offer to join with other 
        nations in generously supporting [spending funds] . . . 
        directly on building and operating primary and secondary 
        schools in those Muslim states that commit to sensibly 
        investing financial resources in public education''.
    (b) Policy.--It is the policy of the United States--
            (1) to work toward the goal of dramatically increasing the 
        availability of basic education in the developing world, which 
        will reduce the influence of radical madrassas and other 
        institutions that promote religious extremism;
            (2) to join with other countries in generously supporting 
        the International Youth Opportunity Fund authorized under 
        section 7114 of the 9/11 Commission Implementation Act of 2004 
        (Public Law 108-458), with the goal of building and operating 
        primary and secondary schools in Muslim countries that commit 
        to sensibly investing the resources of such countries in public 
        education;
            (3) to work with the international community, including 
        foreign countries and international organizations to raise 
        $7,000,000,000 to $10,000,000,000 each year to fund education 
        programs in Muslim countries;
            (4) to offer additional incentives to countries to increase 
        the availability of basic education; and
            (5) to work to prevent financing of educational 
        institutions that support radical Islamic fundamentalism.
    (c) Appropriate Congressional Committees Defined.--In this 
subtitle, the term ``appropriate congressional committees'' means the 
Committee on Foreign Relations and the Committee on Appropriations of 
the Senate and the Committee on International Relations and the 
Committee on Appropriations of the House of Representatives.

SEC. 202. ANNUAL REPORT TO CONGRESS.

    Not later than June 1 of each year, the Secretary of State shall 
submit to the appropriate congressional committees a report on the 
efforts of countries in the developing world to increase the 
availability of basic education and to close educational institutions 
that promote religious extremism and terrorism. Each report shall 
include--
            (1) a list of countries that are making serious and 
        sustained efforts to increase the availability of basic 
        education and to close educational institutions that promote 
        religious extremism and terrorism;
            (2) a list of countries that are making efforts to increase 
        the availability of basic education and to close educational 
        institutions that promote religious extremism and terrorism, 
        but such efforts are not serious and sustained; and
            (3) a list of countries that are not making efforts to 
        increase the availability of basic education and to close 
        educational institutions that promote religious extremism and 
        terrorism.

SEC. 203. AUTHORIZATION OF APPROPRIATIONS.

    (a) International Education Programs.--There are authorized to be 
appropriated to the President for ``Development Assistance'' for 
international education programs carried out under sections 105 and 496 
of the Foreign Assistance Act of 1961 (22 U.S.C. 2151c and 2293)--
            (1) for fiscal year 2006, $1,000,000,000; and
            (2) for fiscal years 2007 and 2008, such sums as may be 
        necessary.
    (b) International Youth Opportunity Fund.--There are authorized to 
be appropriated to the President for fiscal years 2006, 2007, and 2008 
such sums as may be necessary for the United States contribution to the 
International Youth Opportunity Fund authorized under section 7114 of 
the 9/11 Commission Implementation Act of 2004 (Public Law 108-458) for 
international education programs.
    (c) Additional Funds.--Amounts authorized to be appropriated in 
this section are in addition to amounts otherwise available for such 
purposes.

       Subtitle B--Democracy and Development in the Muslim World

SEC. 211. PROMOTING DEMOCRACY AND DEVELOPMENT IN THE MIDDLE EAST, 
              CENTRAL ASIA, SOUTH ASIA, AND SOUTHEAST ASIA.

    (a) Findings.--Congress makes the following findings:
            (1) Al-Qaeda and affiliated groups have established a 
        terrorist network with linkages throughout the Middle East, 
        Central Asia, South Asia, and Southeast Asia.
            (2) While political repression and lack of economic 
        development do not justify terrorism, increased political 
        freedoms and economic growth can contribute to an environment 
        that undercuts tendencies and conditions that facilitate the 
        rise of terrorist organizations.
            (3) It is in the national security interests of the United 
        States to promote democracy, good governance, political 
        freedom, independent media, women's rights, private sector 
        development, and open economic systems in the countries of the 
        Middle East, Central Asia, South Asia, and Southeast Asia.
    (b) Policy.--It is the policy of the United States--
            (1) to promote the objectives described in subsection 
        (a)(3) in the countries of the Middle East, Central Asia, South 
        Asia, and Southeast Asia;
            (2) to provide assistance and resources to organizations 
        that are committed to promoting such objectives; and
            (3) to work with other countries and international 
        organizations to increase the resources devoted to promoting 
        such objectives.
    (c) Strategy.--Not later than 180 days after the date of enactment 
of this Act, the Secretary of State shall submit to Congress a strategy 
to promote the policy of the United States set out in subsection (b). 
Such strategy shall describe how funds appropriated pursuant to the 
authorization of appropriations in subsection (d) will be used.
    (d) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated to 
        the President for the ``Economic Support Fund'' for activities 
        carried out under chapter 4 of part II of the Foreign 
        Assistance Act of 1961 (22 U.S.C. 2346 et seq.) to promote the 
        policy of the United States set out in subsection (b)--
                    (A) for fiscal year 2006, $500,000,000; and
                    (B) for fiscal years 2007 and 2008, such sums as 
                may be necessary.
            (2) Sense of congress on use of funds.--It is the sense of 
        Congress that a substantial portion of the funds appropriated 
        pursuant to the authorization of appropriations in paragraph 
        (1) should be made available to non-governmental organizations 
        that have a record of success working in the countries of the 
        Middle East, Central Asia, South Asia, and Southeast Asia to 
        support democratic parties, human rights organizations, 
        independent media, and the efforts to promote the rights of 
        women.
            (3) Additional funds.--Amounts authorized to be 
        appropriated in paragraph (1) are in addition to amounts 
        otherwise available for such purposes.

SEC. 212. MIDDLE EAST FOUNDATION.

    (a) Purposes.--The purposes of this section are to support, through 
the provision of grants, technical assistance, training, and other 
programs, in the countries of the Middle East, the expansion of--
            (1) civil society;
            (2) opportunities for political participation for all 
        citizens;
            (3) protections for internationally recognized human 
        rights, including the rights of women;
            (4) educational system reforms;
            (5) independent media;
            (6) policies that promote economic opportunities for 
        citizens;
            (7) the rule of law; and
            (8) democratic processes of government.
    (b) Middle East Foundation.--
            (1) Designation.--The Secretary of State is authorized to 
        designate an appropriate private, nonprofit organization that 
        is organized or incorporated under the laws of the United 
        States or of a State as the Middle East Foundation (referred to 
        in this section as the ``Foundation'').
            (2) Funding.--The Secretary of State is authorized to 
        provide funding to the Foundation through the Middle East 
        Partnership Initiative of the Department of State. The 
        Foundation shall use amounts provided under this paragraph to 
        carry out the purposes of this section, including through 
        making grants and providing other assistance to entities to 
        carry out programs for such purposes.
            (3) Notification to congressional committees.--The 
        Secretary of State shall notify the Committee on Foreign 
        Relations of the Senate and the Committee on International 
        Relations of the House of Representatives prior to designating 
        an appropriate organization as the Foundation.
    (c) Grants for Projects.--
            (1) Foundation to make grants.--The Secretary of State 
        shall enter into an agreement with the Foundation that requires 
        the Foundation to use the funds provided under subsection 
        (b)(2) to make grants to persons (other than governments or 
        government entities) located in the Middle East or working with 
        local partners based in the Middle East to carry out projects 
        that support the purposes specified in subsection (a).
            (2) Center for public policy.--Under the agreement 
        described in paragraph (1), the Foundation may make a grant to 
        an institution of higher education located in the Middle East 
        to create a center for public policy for the purpose of 
        permitting scholars and professionals from the countries of the 
        Middle East and from other countries, including the United 
        States, to carry out research, training programs, and other 
        activities to inform public policymaking in the Middle East and 
        to promote broad economic, social, and political reform for the 
        people of the Middle East.
            (3) Applications for grants.--An entity seeking a grant 
        from the Foundation under this section shall submit an 
        application to the head of the Foundation at such time, in such 
        manner, and including such information as the head of the 
        Foundation may reasonably require.
    (d) Private Character of the Foundation.--Nothing in this section 
shall be construed to--
            (1) make the Foundation an agency or establishment of the 
        United States Government, or to make the officers or employees 
        of the Foundation officers or employees of the United States 
        for purposes of title 5, United States Code; or
            (2) to impose any restriction on the Foundation's 
        acceptance of funds from private and public sources in support 
        of its activities consistent with the purposes of this section.
    (e) Limitation on Payments to Foundation Personnel.--No part of the 
funds provided to the Foundation under this section shall inure to the 
benefit of any officer or employee of the Foundation, except as salary 
or reasonable compensation for services.
    (f) Retention of Interest.--The Foundation may hold funds provided 
under this section in interest-bearing accounts prior to the 
disbursement of such funds to carry out the purposes of this section, 
and may retain for use for such purposes any interest earned without 
returning such interest to the Treasury of the United States and 
without further appropriation by Congress.
    (g) Financial Accountability.--
            (1) Independent private audits of the foundation.--The 
        accounts of the Foundation shall be audited annually in 
        accordance with generally accepted auditing standards by 
        independent certified public accountants or independent 
        licensed public accountants certified or licensed by a 
        regulatory authority of a State or other political subdivision 
        of the United States. The report of the independent audit shall 
        be included in the annual report required by subsection (h).
            (2) GAO audits.--The financial transactions undertaken 
        pursuant to this section by the Foundation may be audited by 
        the General Accounting Office in accordance with such 
        principles and procedures and under such rules and regulations 
        as may be prescribed by the Comptroller General of the United 
        States.
            (3) Audits of grant recipients.--
                    (A) In general.--A recipient of a grant from the 
                Foundation shall agree to permit an audit of the books 
                and records of such recipient related to the use of the 
                grant funds.
                    (B) Recordkeeping.--Such recipient shall maintain 
                appropriate books and records to facilitate an audit 
                referred to subparagraph (A), including--
                            (i) separate accounts with respect to the 
                        grant funds;
                            (ii) records that fully disclose the use of 
                        the grant funds;
                            (iii) records describing the total cost of 
                        any project carried out using grant funds; and
                            (iv) the amount and nature of any funds 
                        received from other sources that were combined 
                        with the grant funds to carry out a project.
    (h) Annual Reports.--Not later than January 31, 2006, and annually 
thereafter, the Foundation shall submit to Congress and make available 
to the public an annual report that includes, for the fiscal year prior 
to the fiscal year in which the report is submitted, a comprehensive 
and detailed description of--
            (1) the operations and activities of the Foundation that 
        were carried out using funds provided under this section;
            (2) grants made by the Foundation to other entities with 
        funds provided under this section;
            (3) other activities of the Foundation to further the 
        purposes of this section; and
            (4) the financial condition of the Foundation.

            Subtitle C--Restoring American Moral Leadership

SEC. 221. ADVANCING UNITED STATES INTERESTS THROUGH PUBLIC DIPLOMACY.

    (a) Findings.--Congress makes the following findings:
            (1) The United States needs to improve its communication of 
        information and ideas to people in foreign countries, 
        particularly in countries with significant Muslim populations.
            (2) Public diplomacy should reaffirm the paramount 
        commitment of the United States to democratic principles, 
        including preserving the civil liberties of all the people of 
        the United States, including Muslim-Americans.
            (3) The report of the National Commission on Terrorist 
        Attacks Upon the United States stated that, ``Recognizing that 
        Arab and Muslim audiences rely on satellite television and 
        radio, the government has begun some promising initiatives in 
        television and radio broadcasting to the Arab world, Iran, and 
        Afghanistan. These efforts are beginning to reach large 
        audiences. The Broadcasting Board of Governors has asked for 
        much larger resources. It should get them.''.
            (4) A significant expansion of United States international 
        broadcasting would provide a cost-effective means of improving 
        communication with countries with significant Muslim 
        populations by providing news, information, and analysis, as 
        well as cultural programming, through both radio and television 
        broadcasts.
    (b) Special Authority for Surge Capacity.--The United States 
International Broadcasting Act of 1994 (22 U.S.C. 6201 et seq.) is 
amended by adding at the end the following new section:

``SEC. 316. SPECIAL AUTHORITY FOR SURGE CAPACITY.

    ``(a) Emergency Authority.--
            ``(1) In general.--Whenever the President determines it to 
        be important to the national interests of the United States and 
        so certifies to the appropriate congressional committees, the 
        President, on such terms and conditions as the President may 
        determine, is authorized to direct any department, agency, or 
        other entity of the United States to furnish the Broadcasting 
        Board of Governors with such assistance as may be necessary to 
        provide international broadcasting activities of the United 
        States with a surge capacity to support United States foreign 
        policy objectives during a crisis abroad.
            ``(2) Supersedes existing law.--The authority of paragraph 
        (1) supersedes any other provision of law.
            ``(3) Surge capacity defined.--In this subsection, the term 
        `surge capacity' means the financial and technical resources 
        necessary to carry out broadcasting activities in a 
        geographical area during a crisis.
    ``(b) Authorization of Appropriations.--
            ``(1) In general.--There are authorized to be appropriated 
        to the President such sums as may be necessary for the 
        President to carry out this section, except that no such amount 
        may be appropriated which, when added to amounts previously 
        appropriated for such purpose but not yet obligated, would 
        cause such amounts to exceed $25,000,000.
            ``(2) Availability of funds.--Amounts appropriated pursuant 
        to the authorization of appropriations in this subsection are 
        authorized to remain available until expended.
            ``(3) Designation of appropriations.--Amounts appropriated 
        pursuant to the authorization of appropriations in this 
        subsection may be referred to as the `United States 
        International Broadcasting Surge Capacity Fund'.''.
    (c) Report.--An annual report submitted to the President and 
Congress by the Broadcasting Board of Governors under section 305(a)(9) 
of the United States International Broadcasting Act of 1994 (22 U.S.C. 
6204(a)(9)) shall provide a detailed description of any activities 
carried out under section 316 of such Act, as added by subsection (b).
    (d) Authorization of Appropriations for United States International 
Broadcasting Activities.--
            (1) In general.--In addition to amounts otherwise available 
        for such purposes, the following amounts are authorized to be 
        appropriated to carry out United States Government broadcasting 
        activities under the United States Information and Educational 
        Exchange Act of 1948 (22 U.S.C. 1431 et seq.), the United 
        States International Broadcasting Act of 1994 (22 U.S.C. 6201 
        et seq.), the Foreign Affairs Reform and Restructuring Act of 
        1998 (as enacted in division G of the Omnibus Consolidated and 
        Emergency Supplemental Appropriations Act, 1999; Public Law 
        105-277), and this Act, and to carry out other authorities in 
        law consistent with such purposes:
                    (A) International broadcasting operations.--For 
                ``International Broadcasting Operations'', $497,000,000 
                for the fiscal year 2006.
                    (B) Broadcasting capital improvements.--For 
                ``Broadcasting Capital Improvements'', $70,000,000 for 
                the fiscal year 2006.
            (2) Availability of funds.--Amounts appropriated pursuant 
        to the authorization of appropriations in this section are 
        authorized to remain available until expended.

SEC. 222. DEPARTMENT OF STATE PUBLIC DIPLOMACY PROGRAMS.

    (a) United States Educational, Cultural, and Public Diplomacy 
Programs.--There are authorized to be appropriated for the Department 
of State to carry out public diplomacy programs of the Department under 
the United States Information and Educational Exchange Act of 1948, the 
Mutual Educational and Cultural Exchange Act of 1961, Reorganization 
Plan Number 2 of 1977, the Foreign Affairs Reform and Restructuring Act 
of 1998, the Center for Cultural and Technical Interchange Between East 
and West Act of 1960, the Dante B. Fascell North-South Center Act of 
1991, and the National Endowment for Democracy Act, and to carry out 
other authorities in law consistent with the purposes of such Acts for 
``Educational and Cultural Exchange Programs'', $500,000,000 for the 
fiscal year 2006.
    (b) Administration of Foreign Affairs.--
    The are authorized to be appropriated for the Department of State 
under ``Administration of Foreign Affairs'' to carry out the 
authorities, functions, duties, and responsibilities in the conduct of 
foreign affairs of the United States, and for other purposes authorized 
by law for ``Diplomatic and Consular Programs'', $500,000,000 for the 
fiscal year 2006, which shall only be available for public diplomacy 
international information programs.

SEC. 223. TREATMENT OF DETAINEES.

    (a) Findings.--Consistent with the report of the National 
Commission on Terrorist Attacks Upon the United States, Congress makes 
the following findings:
            (1) Carrying out the global war on terrorism requires the 
        development of policies with respect to the detention and 
        treatment of captured international terrorists that are adhered 
        to by all coalition forces.
            (2) Article 3 of the Convention Relative to the Treatment 
        of Prisoners of War, done at Geneva August 12, 1949 (6 UST 
        3316), was specifically designed for cases in which the usual 
        rules of war do not apply, and the minimum standards of 
        treatment pursuant to such Article are generally accepted 
        throughout the world as customary international law.
    (b) Policy.--The policy of the United States is as follows:
            (1) It is the policy of the United States to treat all 
        foreign persons captured, detained, interned, or otherwise held 
        in the custody of the United States (hereinafter ``detainees'') 
        humanely and in accordance with the legal obligations under 
        United States law and international law, including the 
        obligations in the Convention Against Torture and in the 
        minimum standards set forth in the Geneva Conventions.
            (2) It is the policy of the United States that all 
        officials of the United States are bound both in wartime and in 
        peacetime by the legal prohibitions against torture, cruel, 
        inhumane, or degrading treatment set out in the Constitution, 
        laws, and treaties of the United States.
            (3) If there is any doubt as to whether a detainee is 
        entitled to the protections afforded by the Geneva Conventions, 
        it is the policy of the United States that such detainee shall 
        enjoy the protections of the Convention Relative to the 
        Treatment of Prisoners of War, done at Geneva August 12, 1949 
        (6 UST 3316) until such time as the detainee's status can be 
        determined pursuant to the procedures authorized by Army 
        Regulation 190-8, Section 1-6.
            (4) It is the policy of the United States to provide 
        individualized hearings for all detainees for the purpose of 
        expeditiously holding detainees accountable for violations of 
        the law of war, other relevant international prohibitions, or 
        criminal laws alleged to have been committed by such detainees 
        or to expeditiously conduct intelligence debriefings of such 
        detainees.
            (5) It is the policy of the United States to avoid the 
        indefinite detention of any individual in a manner which is 
        contrary to the legal principles and security interests of the 
        United States.
    (c) Reporting.--The Secretary shall submit to the appropriate 
congressional committees:
            (1) A quarterly report providing the number of detainees 
        who were denied prisoner of war status under the Geneva 
        Conventions and the basis for denying such status to each such 
        detainee.
            (2) Not later than 180 days after the date of enactment of 
        this Act, a report setting forth--
                    (A) the proposed schedule for military commissions 
                to be held at Guantanamo Bay, Cuba; and
                    (B) the number of individuals currently held at 
                Guantanamo Bay, Cuba, the number of such individuals 
                who are unlikely to face a military commission in the 
                next six months, and each reason for not bringing such 
                individuals before a military commission.
            (3) Not later than 15 days after the date of enactment of 
        this Act, all International Committee of the Red Cross reports, 
        completed prior to the date of enactment of this Act, 
        concerning the treatment of detainees in United States custody 
        at Guantanamo Bay, Cuba, Iraq, and Afghanistan. Such reports 
        should be provided, in classified form.
            (4) Not later than 90 days after the date of enactment of 
        this Act, a report setting forth all interrogation techniques 
        approved, as of the date of enactment of this Act, by officials 
        of the United States for use with detainees.
    (d) Annual Training Requirement.--The Secretary of Defense shall 
certify to the appropriate congressional committees, not later than 
June 1 of each year, that all Federal employees and civilian 
contractors engaged in the handling or interrogating of detainees have 
fulfilled an annual training requirement on the laws of war, the Geneva 
Conventions, the Convention Against Torture, and the obligations of the 
United States under international humanitarian law.
    (e) Prohibition on Torture or Cruel, Inhumane, or Degrading 
Treatment or Punishment.--
            (1) In general.--No detainee shall be subject to torture or 
        cruel, inhumane, or degrading treatment or punishment that is 
        prohibited by the Constitution, laws, or treaties of the United 
        States.
            (2) Relationship to geneva conventions.--Nothing in this 
        section shall affect the status of any person under the Geneva 
        Conventions or whether any person is entitled to the 
        protections of the Geneva Conventions.
    (f) Rules, Regulations, and Guidelines.--
            (1) Requirement.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary and the Director shall 
        prescribe the rules, regulations, or guidelines necessary to 
        ensure compliance with the prohibition in subsection (e)(1) by 
        all personnel of the United States Government and by any person 
        providing services to the United States Government on a 
        contract basis.
            (2) Report to congress.--The Secretary and the Director 
        shall submit to Congress the rules, regulations, or guidelines 
        prescribed under paragraph (1), and any modifications to such 
        rules, regulations, or guidelines--
                    (A) not later than 30 days after the effective date 
                of such rules, regulations, guidelines, or 
                modifications; and
                    (B) in a manner and form that will protect the 
                national security interests of the United States.
    (g) Reports on Possible Violations.--
            (1) Requirement.--The Secretary and the Director shall each 
        submit, on a timely basis and not less than twice each year, a 
        report to Congress on the circumstances surrounding, and a 
        status report on, any investigation of a possible violation of 
        the prohibition in subsection (e)(1) by United States 
        Government personnel or by a person providing services to the 
        United States Government on a contract basis.
            (2) Form of report.--A report required under paragraph (1) 
        shall be submitted in a manner and form that--
                    (A) will protect the national security interests of 
                the United States; and
                    (B) will not prejudice any prosecution of an 
                individual alleged to have violated the prohibition in 
                subsection (e)(1).
    (h) Definitions.--In this section:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the Committee on 
        Armed Services, the Committee on the Judiciary, and the 
        Committee on Foreign Relations of the Senate and the Committee 
        on Armed Services, the Committee on the Judiciary, and the 
        Committee on International Relations of the House of 
        Representatives.
            (2) Convention Against Torture.--The term ``Convention 
        Against Torture'' means the Convention Against Torture and 
        Other Cruel, Inhuman or Degrading Treatment or Punishment, done 
        at New York December 10, 1984.
            (3) Director.--The term ``Director'' means the Director of 
        National Intelligence.
            (4) Geneva conventions.--The term ``Geneva Conventions'' 
        means--
                    (A) the Convention for the Amelioration of the 
                Condition of the Wounded and Sick in Armed Forces in 
                the Field, done at Geneva August 12, 1949 (6 UST 3114);
                    (B) the Convention for the Amelioration of the 
                Condition of the Wounded, Sick, and Shipwrecked Members 
                of Armed Forces at Sea, done at Geneva August 12, 1949 
                (6 UST 3217);
                    (C) the Convention Relative to the Treatment of 
                Prisoners of War, done at Geneva August 12, 1949 (6 UST 
                3316); and
                    (D) the Convention Relative to the Protection of 
                Civilian Persons in Time of War, done at Geneva August 
                12, 1949 (6 UST 3516).
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Defense.
            (6) Torture.--The term ``torture'' has the meaning given 
        that term in section 2340 of title 18, United States Code.

SEC. 224. NATIONAL COMMISSION TO REVIEW POLICY REGARDING THE TREATMENT 
              OF DETAINEES.

    (a) Establishment of Commission.--There is established the National 
Commission To Review Policy Regarding the Treatment of Detainees.
    (b) Purposes.--The purposes of the Commission are as follows:
            (1) To examine and report upon the role of policymakers in 
        the development of intelligence related to the treatment of 
        individuals detained during Operation Iraqi Freedom or 
        Operation Enduring Freedom.
            (2) To examine and report on the impact of the abuse of 
        prisoners by the United States personnel on the security of the 
        Armed Forces of the United States.
            (3) To build upon the reviews of the policies of the United 
        States related to the treatment of individuals detained by the 
        United States, including such reviews conducted by the 
        executive branch, Congress, or other entities.
    (c) Composition of the Commission.--
            (1) Members.--The Commission shall be composed of 15 
        members, of whom--
                    (A) 3 members shall be appointed by the majority 
                leader of the Senate;
                    (B) 3 members shall be appointed by the Speaker of 
                the House of Representatives;
                    (C) 3 members shall be appointed by the minority 
                leader of the Senate;
                    (D) 3 members shall be appointed by the minority 
                leader of the House of Representatives;
                    (E) 1 member shall be appointed by the Judge 
                Advocate General of the Army;
                    (F) 1 member shall be appointed by the Judge 
                Advocate General of the Navy; and
                    (G) 1 member shall be appointed by the Judge 
                Advocate General of the Air Force.
            (2) Chairperson; vice chairperson.--
                    (A) In general.--Subject to subparagraph (B), the 
                Chairperson and Vice Chairperson of the Commission 
                shall be elected by the members.
                    (B) Political party affiliation.--The Chairperson 
                and Vice Chairperson may not be from the same political 
                party.
            (3) Initial meeting.--Once 9 or more members of the 
        Commission have been appointed, those members who have been 
        appointed may meet and, if necessary, select a temporary 
        chairperson, who may begin the operations of the Commission, 
        including the hiring of staff.
            (4) Quorum; vacancies.--After its initial meeting, the 
        Commission shall meet upon the call of the Chairperson or a 
        majority of its members. Eight members of the Commission shall 
        constitute a quorum. Any vacancy in the Commission shall not 
        affect its powers, but shall be filled in the same manner in 
        which the original appointment was made.
            (5) Sense of congress on qualifications of commission 
        members.--It is the sense of Congress that individuals 
        appointed to the Commission should be prominent United States 
        citizens, with national recognition and significant depth of 
        experience in the fields of intelligence, law enforcement, or 
        foreign affairs, or experience serving the United States 
        Government, including service in the Armed Forces.
    (d) Functions of the Commission.--The functions of the Commission 
are--
            (1) to conduct an investigation that--
                    (A) investigates the development of policy relating 
                to individuals detained during Operation Iraqi Freedom 
                or Operation Enduring Freedom;
                    (B) determines whether the United States policy 
                related to the treatment of detained individuals has 
                adversely affected the security of the members of the 
                Armed Forces of the United States;
                    (C) determines whether and to what extent the 
                incidences of abuse of detained individuals has 
                affected the standing of the United States in the 
                world;
                    (D) determines whether and to what extent leaders 
                of the United States Armed Forces were given the 
                opportunity to comment on and influence policy relating 
                to treatment of detained individuals; and
                    (E) determines whether and to what extent policy 
                relating to the treatment of individuals detained 
                during Operation Iraqi Freedom or Operation Enduring 
                Freedom differed from the policies and practices 
                regarding detainees established by the Armed Forces 
                prior to such operations; and
            (2) to submit to the President and Congress such report as 
        is required by this section containing such findings, 
        conclusions, and recommendations as the Commission shall 
        determine, including proposing organization, coordination, 
        planning, management arrangements, procedures, rules, and 
        regulations.
    (e) Powers of the Commission.--
            (1) In general.--
                    (A) Hearings and evidence.--The Commission or, on 
                the authority of the Commission, any subcommittee or 
                member thereof, may, for the purpose of carrying out 
                this section--
                            (i) hold such hearings and sit and act at 
                        such times and places, take such testimony, 
                        receive such evidence, administer such oaths; 
                        and
                            (ii) require, by subpoena or otherwise, the 
                        attendance and testimony of such witnesses and 
                        the production of such books, records, 
                        correspondence, memoranda, cables, electronic 
                        messages, papers, and documents, as the 
                        Commission or such designated subcommittee or 
                        designated member may determine advisable.
                    (B) Subpoenas.--
                            (i) Issuance.--Subpoenas issued under 
                        subparagraph (A)(ii) may be issued under the 
                        signature of the Chairperson of the Commission, 
                        the Vice Chairperson of the Commission, the 
                        chairperson of any subcommittee created by a 
                        majority of the Commission, or any member 
                        designated by a majority of the Commission, and 
                        may be served by any person designated by the 
                        Chairperson, subcommittee chairperson, or 
                        member.
                            (ii) Enforcement.--
                                    (I) In general.--In the case of 
                                contumacy or failure to obey a subpoena 
                                issued under subparagraph (A)(ii), the 
                                United States district court for the 
                                judicial district in which the 
                                subpoenaed person resides, is served, 
                                or may be found, or where the subpoena 
                                is returnable, may issue an order 
                                requiring such person to appear at any 
                                designated place to testify or to 
                                produce documentary or other evidence. 
                                Any failure to obey the order of the 
                                court may be punished by the court as a 
                                contempt of that court.
                                    (II) Additional enforcement.--In 
                                the case of any failure of any witness 
                                to comply with any subpoena or to 
                                testify when summoned under authority 
                                of this section, the Commission may, by 
                                majority vote, certify a statement of 
                                fact constituting such failure to the 
                                appropriate United States attorney, who 
                                may bring the matter before the grand 
                                jury for its action, under the same 
                                statutory authority and procedures as 
                                if the United States attorney had 
                                received a certification under sections 
                                102 through 104 of the Revised Statutes 
                                of the United States (2 U.S.C. 192 
                                through 194).
            (2) Closed meetings.--
                    (A) In general.--Meetings of the Commission may be 
                closed to the public under section 10(d) of the Federal 
                Advisory Committee Act (5 U.S.C. App.) or other 
                applicable law.
                    (B) Additional authority.--In addition to the 
                authority under subparagraph (A), section 10(a)(1) and 
                (3) of the Federal Advisory Committee Act (5 U.S.C. 
                App.) shall not apply to any portion of a Commission 
                meeting if the President determines that such portion 
                or portions of that meeting is likely to disclose 
                matters that could endanger national security. If the 
                President makes such determination, the requirements 
                relating to a determination under section 10(d) of that 
                Act shall apply.
            (3) Contracting.--The Commission may, to such extent and in 
        such amounts as are provided in appropriation Acts, enter into 
        contracts to enable the Commission to discharge its duties 
        under this section.
            (4) Information from federal agencies.--The Commission is 
        authorized to secure directly from any executive department, 
        bureau, agency, board, commission, office, independent 
        establishment, or instrumentality of the Government 
        information, suggestions, estimates, and statistics for the 
        purposes of this section. Each department, bureau, agency, 
        board, commission, office, independent establishment, or 
        instrumentality shall, to the extent authorized by law, furnish 
        such information, suggestions, estimates, and statistics 
        directly to the Commission, upon request made by the 
        Chairperson, the chairperson of any subcommittee created by a 
        majority of the Commission, or any member designated by a 
        majority of the Commission.
            (5) Assistance from federal agencies.--
                    (A) General services administration.--The 
                Administrator of General Services shall provide to the 
                Commission on a reimbursable basis administrative 
                support and other services for the performance of the 
                Commission's functions.
                    (B) Other departments and agencies.--In addition to 
                the assistance prescribed in subparagraph (A), 
                departments and agencies of the United States are 
                authorized to provide to the Commission such services, 
                funds, facilities, staff, and other support services as 
                they may determine advisable and as may be authorized 
                by law.
            (6) Gifts.--The Commission may accept, use, and dispose of 
        gifts or donations of services or property.
            (7) Postal services.--The Commission may use the United 
        States mails in the same manner and under the same conditions 
        as departments and agencies of the United States.
    (f) Staff of the Commission.--
            (1) Appointment and compensation.--The Chairperson and Vice 
        Chairperson, in accordance with rules agreed upon by the 
        Commission, may appoint and fix the compensation of a staff 
        director and such other personnel as may be necessary to enable 
        the Commission to carry out its functions, without regard to 
        the provisions of title 5, United States Code, governing 
        appointments in the competitive service, and without regard to 
        the provisions of chapter 51 and subchapter III of chapter 53 
        of such title relating to classification and General Schedule 
        pay rates, except that no rate of pay fixed under this 
        subsection may exceed the equivalent of that payable for a 
        position at level V of the Executive Schedule under section 
        5316 of title 5, United States Code.
            (2) Personnel as federal employees.--
                    (A) In general.--The executive director and any 
                personnel of the Commission who are employees shall be 
                employees under section 2105 of title 5, United States 
                Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 
                89, and 90 of that title.
                    (B) Members of commission.--Subparagraph (A) shall 
                not be construed to apply to a member of the 
                Commission.
            (3) Detailees.--Any Federal Government employee may be 
        detailed to the Commission without reimbursement from the 
        Commission, and such detailee shall retain the rights, status, 
        and privileges of his or her regular employment without 
        interruption.
            (4) Consultant services.--The Commission is authorized to 
        procure the services of experts and consultants in accordance 
        with section 3109 of title 5, United States Code, but at rates 
        not to exceed the daily rate paid a person occupying a position 
        at level IV of the Executive Schedule under section 5315 of 
        title 5, United States Code.
    (g) Compensation and Travel Expenses.--
            (1) Compensation.--Each member of the Commission may be 
        compensated at not to exceed the daily equivalent of the annual 
        rate of basic pay in effect for a position at level IV of the 
        Executive Schedule under section 5315 of title 5, United States 
        Code, for each day during which that member is engaged in the 
        actual performance of the duties of the Commission.
            (2) Travel expenses.--While away from their homes or 
        regular places of business in the performance of services for 
        the Commission, members of the Commission shall be allowed 
        travel expenses, including per diem in lieu of subsistence, in 
        the same manner as persons employed intermittently in the 
        Government service are allowed expenses under section 5703(b) 
        of title 5, United States Code.
    (h) Security Clearances for Commission Members and Staff.--The 
appropriate departments and agencies of the Government shall cooperate 
with the Commission in expeditiously providing to the Commission 
members and staff appropriate security clearances in a manner 
consistent with existing procedures and requirements, except that no 
person shall be provided with access to classified information under 
this section who would not otherwise qualify for such security 
clearance.
    (i) Report of the Commission.--Not later than 9 months after the 
date of the first meeting of the Commission, the Commission shall 
submit to the President and Congress a report containing such findings, 
conclusions, and recommendations as have been agreed to by a majority 
of Commission members.
    (j) Termination.--
            (1) Termination.--The Commission, and all the authorities 
        of this section, shall terminate 60 days after the date on 
        which the report is submitted under subsection (i).
            (2) Administrative activities before termination.--The 
        Commission may use the 60-day period referred to in paragraph 
        (1) for the purpose of concluding its activities, including 
        providing testimony to committees of Congress concerning its 
        reports and disseminating the second report.
    (k) Authorization of Appropriations.--There are authorized to be 
appropriated to the Commission to carry out this section $5,000,000, to 
remain available until expended.

     Subtitle D--Strategy for the United States Relationship With 
                Afghanistan, Pakistan, and Saudi Arabia

SEC. 231. AFGHANISTAN.

    (a) Afghanistan Freedom Support Act of 2002.--Section 108(a) the 
Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7518(a)) is amended 
by striking ``such sums as may be necessary for each of the fiscal 
years 2005 and 2006'' and inserting ``$2,400,000,000 for fiscal year 
2006 and such sums as may be necessary for each of the fiscal years 
2007 and 2008''.
    (b) Other Authorizations of Appropriations.--
            (1) Fiscal year 2006.--There are authorized to be 
        appropriated to the President for providing assistance for 
        Afghanistan in a manner consistent with the provisions of the 
        Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7501 et 
        seq.) for fiscal year 2006--
                    (A) for ``International Military Education and 
                Training'', $1,000,000 to carry out the provisions of 
                section 541 of the Foreign Assistance Act of 1961 (22 
                U.S.C. 2347);
                    (B) for ``Foreign Military Financing Program'' 
                grants, $444,000,000 to carry out the provisions of 
                section 23 of the Arms Export Control Act (22 U.S.C. 
                2763); and
                    (C) for ``Peacekeeping Operations'', $30,000,000 to 
                carry out the provisions of section 551 of the Foreign 
                Assistance Act of 1961 (22 U.S.C. 2348).
            (2) Fiscal years 2007 and 2008.--
                    (A) Authorization of appropriation.--There are 
                authorized to be appropriated for each of the purposes 
                described in subparagraphs (A) through (C) of paragraph 
                (1) such sums as may be necessary for each of the 
                fiscal years 2007 and 2008.
                    (B) Sense of congress.--It is the sense of Congress 
                that the amount appropriated for each purpose described 
                in subparagraphs (A) through (C) of paragraph (1) for 
                each of the fiscal years 2007 and 2008 should be an 
                amount that is equal to 125 percent of the amount 
                appropriated for such purpose during the preceding 
                fiscal year.
            (3) Other funds.--Amounts authorized to be appropriated 
        under this section are in addition to amounts otherwise 
        available for such purposes.

SEC. 232. PAKISTAN.

    (a) Findings.--Congress makes the following findings:
            (1) Since September 11, 2001, the Government of Pakistan 
        has been an important partner in helping the United States 
        remove the Taliban regime in Afghanistan and combating 
        international terrorism in the frontier provinces of Pakistan.
            (2) There remain a number of critical issues that threaten 
        to disrupt the relationship between the United States and 
        Pakistan, undermine international security, and destabilize 
        Pakistan, including--
                    (A) curbing the proliferation of nuclear weapons 
                technology;
                    (B) combating poverty and corruption;
                    (C) building effective government institutions, 
                especially secular public schools;
                    (D) promoting democracy and rule of law, 
                particularly at the national level; and
                    (E) effectively dealing with Islamic extremism.
    (b) Policy.--It is the policy of the United States--
            (1) to work with the Government of Pakistan to combat 
        international terrorism, especially in the frontier provinces 
        of Pakistan;
            (2) to establish a long-term strategic partnership with the 
        Government of Pakistan to address the issues described in 
        subparagraphs (A) through (E) of subsection (a)(2);
            (3) to dramatically increase funding for United States 
        Agency for International Development and Department of State 
        programs that assist Pakistan in addressing such issues, if the 
        Government of Pakistan demonstrates a commitment to building a 
        moderate, democratic state; and
            (4) to work with the international community to secure 
        additional financial and political support to effectively 
        implement the policies set forth in this subsection and help to 
        resolve the dispute between the Government of Pakistan and the 
        Government of India over the disputed territory of Kashmir.
    (c) Strategy on Pakistan.--
            (1) Requirement for report on strategy.--Not later than 90 
        days after the date of enactment of this Act, the President 
        shall submit to the appropriate congressional committees a 
        report, in classified form if necessary, that describes the 
        long-term strategy of the United States to engage with the 
        Government of Pakistan to address the issues described in 
        subparagraphs (A) through (E) of subsection (a)(2) in order 
        accomplish the goal of building a moderate, democratic 
        Pakistan.
            (2) Appropriate congressional committees defined.--In this 
        subsection the term ``appropriate congressional committees'' 
        means the Committee on Appropriations and the Committee on 
        Foreign Relations in the Senate, and the Committee on 
        Appropriations and the Committee on International Relations of 
        the House of Representatives.
    (d) Nuclear Proliferation.--
            (1) Finding.--Congress finds that Pakistan's maintenance of 
        a global missile and nuclear proliferation network would be 
        inconsistent with Pakistan being considered an ally of the 
        United States.
            (2) Sense of congress.--It is the sense of Congress that 
        the national security interest of the United States will best 
        be served if the United States develops and implements a long-
        term strategy to improve the United States relationship with 
        Pakistan and works with the Government of Pakistan to stop 
        nuclear proliferation.
            (3) Limitation on assistance to pakistan.--None of the 
        funds appropriated for a fiscal year to provide military or 
        economic assistance to the Government of Pakistan may be made 
        available for such purpose unless the President submits to 
        Congress for such fiscal year a certification that no military 
        or economic assistance provided by the United States to the 
        Government of Pakistan will be provided, either directly or 
        indirectly, to a person that is opposing or undermining the 
        efforts of the United States Government to halt the 
        proliferation of nuclear weapons.
    (e) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated to 
        the President for providing assistance for Pakistan for fiscal 
        year 2006--
                    (A) for ``Development Assistance'', $50,000,000 to 
                carry out the provisions of section 103, 105, and 106 
                of the Foreign Assistance Act of 1961 (22 U.S.C. 2151a, 
                2151c, and 2151d,);
                    (B) for the ``Child Survival and Health Programs 
                Fund'', $35,000,000 to carry out the provisions of 
                sections 104 of the Foreign Assistance Act of 1961 (22 
                U.S.C. 2151b);
                    (C) for the ``Economic Support Fund'', $350,000,000 
                to carry out the provisions of chapter 4 of part II of 
                the Foreign Assistance Act of 1961 (22 U.S.C. 2346 et 
                seq.);
                    (D) for ``International Narcotics and Law 
                Enforcement'', $50,000,000 to carry out the provisions 
                of section 481 of the Foreign Assistance Act of 1961 
                (22 U.S.C. 2291);
                    (E) for ``Nonproliferation, Anti-Terrorism, 
                Demining, and Related Programs'', $10,000,000;
                    (F) for ``International Military Education and 
                Training'', $2,000,000 to carry out the provisions of 
                section 541 of the Foreign Assistance Act of 1961 (22 
                U.S.C. 2347); and
                    (G) for ``Foreign Military Financing Program'', 
                $300,000,000 grants to carry of the provision of 
                section 23 of the Arms Export Control Act (22 U.S.C. 
                2763).
            (2) Other funds.--Amounts authorized to be appropriated 
        under this section are in addition to amounts otherwise 
        available for such purposes.

SEC. 233. SAUDI ARABIA.

    (a) Findings.--Congress makes the following findings:
            (1) The Kingdom of Saudi Arabia has an uneven record in the 
        fight against terrorism, especially with respect to terrorist 
        financing, support for radical madrassas, and a lack of 
        political outlets for its citizens, that poses a threat to the 
        security of the United States, the international community, and 
        the Kingdom of Saudi Arabia itself.
            (2) The United States has a national security interest in 
        working with the Government of Saudi Arabia to combat 
        international terrorists that operate within that nation or 
        that operate outside Saudi Arabia with the support of citizens 
        of Saudi Arabia.
            (3) In order to more effectively combat terrorism, the 
        Government of Saudi Arabia must undertake a number of political 
        and economic reforms, including increasing anti-terrorism 
        operations conducted by law enforcement agencies, providing 
        more political rights to its citizens, increasing the rights of 
        women, engaging in comprehensive educational reform, enhancing 
        monitoring of charitable organizations, promulgating and 
        enforcing domestic laws and regulation on terrorist financing.
    (b) Policy.--It is the policy of the United States--
            (1) to engage with the Government of Saudi Arabia to openly 
        confront the issue of terrorism, as well as other problematic 
        issues such as the lack of political freedoms, with the goal of 
        restructuring the relationship on terms that leaders of both 
        nations can publicly support;
            (2) to enhance counterterrorism cooperation with the 
        Government of Saudi Arabia, if the political leaders of such 
        Government are committed to making a serious, sustained effort 
        to combat terrorism; and
            (3) to support the efforts of the Government of Saudi 
        Arabia to make political, economic, and social reforms 
        throughout the country.
    (c) Strategy on Saudi Arabia.--
            (1) Requirement for report on strategy.--Not later than 90 
        days after the date of enactment of this Act, the President 
        shall submit to the appropriate congressional committees a 
        report, in classified form if necessary, that describes the 
        long-term strategy of the United States--
                    (A) to engage with the Government of Saudi Arabia 
                to facilitate political, economic, and social reforms 
                that will enhance the ability of the Government of 
                Saudi Arabia to combat international terrorism; and
                    (B) to effectively prevent the financing of 
                terrorists in Saudi Arabia.
            (2) Appropriate congressional committees defined.--In this 
        subsection the term ``appropriate congressional committees'' 
        means the Committee on Appropriations and the Committee on 
        Foreign Relations in the Senate, and the Committee on 
        Appropriations and the Committee on International Relations of 
        the House of Representatives.

  TITLE III--PROTECTION FROM TERRORIST ATTACKS THAT UTILIZE NUCLEAR, 
             CHEMICAL, BIOLOGICAL, AND RADIOLOGICAL WEAPONS

                 Subtitle A--Non-Proliferation Programs

SEC. 301. REPEAL OF LIMITATIONS TO THREAT REDUCTION ASSISTANCE.

    Section 5 of S. 2980 of the 108th Congress (the Nunn-Lugar 
Cooperative Threat Reduction Act of 2004), as introduced on November 
16, 2004, is hereby enacted into law.

SEC. 302. REUSE OF RUSSIAN NUCLEAR FACILITIES.

    (a) In General.--The Secretary of Energy shall work with the 
Minister of Atomic Energy of Russia to carry out a program to close or 
convert to non-defense work one or more nuclear weapons assembly and 
disassembly facilities in Russia.
    (b) Designation of Facilities.--The Secretary of Energy and 
Minister of Atomic Energy of Russia shall jointly designate each 
facility to be covered by the program under subsection (a).
    (c) Commissions To Provide Advice and Recommendations.--
            (1) In general.--Not later than two months after the 
        designation of a facility under subsection (b), the Secretary 
        of Energy shall establish a commission to provide advice and 
        recommendations on the closure or conversion of the facility to 
        non-defense work.
            (2) Commission membership.--Each commission established 
        under paragraph (1) shall consist of such personnel, including 
        Russian nationals, as the Secretary considers appropriate for 
        its work. The names of each member of each commission shall be 
        made public upon designation under this paragraph.
            (3) Personnel matters.--
                    (A) Compensation.--Each member of a commission 
                established under paragraph (1) who is not an officer 
                or employee of the Federal Government shall be 
                compensated at a rate equal to the daily equivalent of 
                the annual rate of basic pay prescribed for level IV of 
                the Executive Schedule under section 5315 of title 5, 
                United States Code, for each day (including travel 
                time) during which such member is engaged in the 
                performance of the duties of such commission. All 
                members of a commission who are officers or employees 
                of the United States shall serve without compensation 
                in addition to that received for their services as 
                officers or employees of the United States.
                    (B) Travel expenses.--The members of a commission 
                established under paragraph (1) 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 their homes or regular places of 
                business in the performance of services for such 
                commission.
            (4) FACA.--The Federal Advisory Committee Act (5 U.S.C. 
        App.) shall not apply to any activities of a commission 
        established under paragraph (1).
            (5) Open meetings.--The meetings of any commission under 
        paragraph (1) shall, to the maximum extent practicable, be open 
        to the public.
    (d) Proposed Facility Reuse Plan.--
            (1) Requirement for proposed plan.--Not later than six 
        months after the designation of a facility under subsection 
        (b), the commission for the facility under subsection (c) shall 
        submit to the Secretary of Energy and the Minister of Atomic 
        Energy of Russia a proposed plan on the closure or conversion 
        of the facility to non-defense work.
            (2) Elements of proposed plan.--A proposed plan under 
        paragraph (1) may include one or more of the elements specified 
        in subsection (f).
            (3) Availability of proposed plan.--Any proposed plan 
        submitted under paragraph (1) shall be made public upon its 
        submittal.
    (e) Final Facility Reuse Plan.--
            (1) Requirement for final plan.--Not later than nine months 
        after receiving a proposed plan for a facility under subsection 
        (d), the Secretary of Energy and the Minister of Atomic Energy 
        of Russia shall jointly develop a final plan on the closure or 
        conversion of the facility to non-defense work.
            (2) Elements of final plan.--A final plan for a facility 
        under paragraph (1) shall include the following:
                    (A) Any of the elements specified in subsection 
                (f).
                    (B) Assurances of access to the facility necessary 
                to carry out the final plan.
                    (C) Resolution of any matters relating to liability 
                and taxation.
                    (D) An estimate of the costs of the United States, 
                and of Russia, under the final plan.
                    (E) The commitment of Russia to pay at least 15 
                percent of the costs of the final plan.
                    (F) Milestones for the final plan, including a 
                deadline for the closure or conversion of the facility 
                to non-defense work.
                    (G) Appropriate auditing and accounting mechanisms.
    (f) Plan Elements.--The plan for a facility under subsection (d) or 
(e) may include one or more of the following elements:
            (1) A retraining program for facility employees.
            (2) Economic incentives to attract and facilitate 
        commercial ventures in connection with the facility.
            (3) A site preparation plan.
            (4) Technical exchange and training programs.
            (5) The participation of a redevelopment manager and of 
        business, legal, financial, or other appropriate experts.
            (6) Promotional or marketing plans.
            (7) Provision for startup funds, loans, or grants, or other 
        venture capital or financing.
    (g) Limitation on Availability of Funds.--No amount authorized to 
be appropriated by subsection (h) may be available for a facility under 
the program established under subsection (a) unless the deadlines for 
the preparation of the proposed facility reuse plan for the facility 
under subsection (d) and for the preparation of the final facility 
reuse plan for the facility under subsection (e) are both met.
    (h) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated to 
        the Department of Energy, $60,000,000 to carry out this 
        section, of which not more than $4,000,000 may be available to 
        each commission established under subsection (c).
            (2) Availability of funds.--The amount authorized to be 
        appropriated by paragraph (1) shall remain available until 
        expended.

SEC. 303. RUSSIAN TACTICAL NUCLEAR WEAPONS.

    (a) Report Required.--Not later than six months after the date of 
enactment of this Act, the President shall submit to Congress a report 
setting forth the following:
            (1) An assessment of the number, location, condition, and 
        security of Russian tactical nuclear weapons.
            (2) An assessment of the threat that would be posed by the 
        theft of Russian tactical nuclear weapons.
            (3) A plan for developing with Russia a cooperative program 
        to secure, consolidate, and, as appropriate, dismantle Russian 
        tactical nuclear weapons.
    (b) Program.--The Secretary of Defense and the Secretary of Energy 
shall jointly work with Russia to establish a cooperative program, 
based on the report under subsection (a), to secure, consolidate, and, 
as appropriate, dismantle Russian tactical nuclear weapons in order to 
achieve reductions in the total number of Russian tactical nuclear 
weapons.
    (c) Authorization of Appropriations.--
            (1) Department of defense.--There are authorized to be 
        appropriated for the Department of Defense, $25,000,000 to 
        carry out this section.
            (2) Department of energy.--There are authorized to be 
        appropriated for the Department of Energy, $25,000,000 to carry 
        out this section.

SEC. 304. ADDITIONAL ASSISTANCE TO ACCELERATE NON-PROLIFERATION 
              PROGRAMS.

    (a) Authorization of Appropriations for the Department of 
Defense.--There are authorized to be appropriated to the Department of 
Defense $40,000,000 for fiscal year 2006 for Cooperative Threat 
Reduction Activities as follows:
            (1) To accelerate security upgrades at warhead storage 
        sites located in Russia or another country of the former Soviet 
        Union, $15,000,000.
            (2) To accelerate security upgrades at warhead storage 
        sites located in countries other than the countries of the 
        former Soviet Union, $10,000,000.
            (3) To accelerate biological weapons proliferation 
        prevention programs in Kazakhstan, Georgia, and Uzbekiztan, 
        $15,000,000.
    (b) Authorization of Appropriations for the Department of Energy.--
There are authorized to be appropriated to the Department of Energy 
$95,000,000 for fiscal year 2006 for nonproliferation activities of the 
National Nuclear Security Administration as follows:
            (1) To accelerate the Global Threat Reduction Initiative, 
        $20,000,000.
            (2) To accelerate security upgrades at warhead storage 
        sites located in Russia or another country of the former Soviet 
        Union, $15,000,000.
            (3) To accelerate the closure of the plutonium producing 
        reactor at Zheleznogorsk, Russia as part of the program to 
        eliminate weapons grade plutonium production, $25,000,000.
            (4) To accelerate completion of comprehensive security 
        upgrades at Russian storage sites for weapons-usable nuclear 
        materials, $15,000,000.
    (c) Authorization of Appropriations for the Department of State.--
            (1) In general.--There are authorized to be appropriated to 
        the Department of State $25,000,000 for fiscal year 2006 for 
        nonproliferation activities as follows:
                    (A) To accelerate engagement of former chemical an 
                biological weapons scientists in Russia and the 
                countries of the former Soviet Union through the Bio-
                Chem Redirect Program, $15,000,000.
                    (B) To enhance efforts to combat bioterrorism by 
                transforming the Soviet biological weapons research and 
                production facilities to commercial enterprises through 
                the BioIndustry Initiative, $10,000,000.
            (2) Availability of funds.--The amount authorized to be 
        appropriated by paragraph (1) shall remain available until 
        expended.

SEC. 305. ADDITIONAL ASSISTANCE TO THE INTERNATIONAL ATOMIC ENERGY 
              AGENCY.

    There are authorized to be appropriated to the Department of Energy 
$20,000,000 to be used to provide technical and other assistance to the 
International Atomic Energy Agency to support nonproliferation 
programs. Such amount is in addition to amounts otherwise available for 
such purpose.

                     Subtitle B--Border Protection

SEC. 311. FINDINGS.

    Congress makes the following findings:
            (1) More than 500,000,000 people cross the borders of the 
        United States at legal points of entry each year, including 
        approximately 330,000,000 people who are not citizens of the 
        United States.
            (2) The National Commission on Terrorist Attacks Upon the 
        United States found that 15 of the 19 hijackers involved in the 
        September 11, 2001 terrorist attacks ``were potentially 
        vulnerable to interception by border authorities''.
            (3) Officials with the Bureau of Customs and Border 
        Protection and with the Bureau of Immigration and Customs 
        Enforcement have stated that there is a shortage of agents in 
        such Bureaus. Due to an inadequate budget, the Bureau of 
        Immigration and Customs Enforcement has effected a hiring 
        freeze since March 2004, and the Bureau has not made public any 
        plans to end this freeze.

SEC. 312. HIRING AND TRAINING OF BORDER SECURITY PERSONNEL.

    (a) Inspectors and Agents.--
            (1) Increase in inspectors and agents.--During each of 
        fiscal years 2005 through 2008, the Secretary of Homeland 
        Security shall--
                    (A) increase the number of full-time agents and 
                associated support staff in the Bureau of Immigration 
                and Customs Enforcement of the Department of Homeland 
                Security by the equivalent of at least 100 more than 
                the number of such employees in the Bureau as of the 
                end of the preceding fiscal year; and
                    (B) increase the number of full-time inspectors and 
                associated support staff in the Bureau of Customs and 
                Border Protection by the equivalent of at least 200 
                more than the number of such employees in the Bureau as 
                of the end of the preceding fiscal year.
            (2) Waiver of fte limitation.--The Secretary is authorized 
        to waive any limitation on the number of full-time equivalent 
        personnel assigned to the Department of Homeland Security to 
        fulfill the requirements of paragraph (1).
    (b) Training.--The Secretary shall provide appropriate training for 
agents, inspectors, and associated support staff on an ongoing basis to 
utilize new technologies and to ensure that the proficiency levels of 
such personnel are acceptable to protect the borders of the United 
States.

                     Subtitle C--Seaport Protection

SEC. 321. FINDINGS.

    Congress makes the following findings:
            (1) The United States port system is a vital artery of the 
        economy of the United States. Almost 95 percent of all foreign 
        trade passes through one or more of the 361 ports in the United 
        States. Such seaports handle more than 2,000,000,000 tons of 
        domestic and international freight each year of which has a 
        value of more than $740,000,000. The shipment of cargo in 
        vessels creates employment for 13,000,000 people within the 
        United States.
            (2) The United States Coast Guard has estimated that, given 
        this tremendous commerce, a terrorist attack shutting down a 
        major port in the United States would have a $60,000,000 impact 
        on the United States economy during the first 30 days after 
        such an attack.
            (3) Although 6,000,000 cargo containers, each a possible 
        hiding place for a bomb or other weapon, are off-loaded at 
        ports in the United States each year, less than \1/10\ of these 
        containers are physically inspected. A container ship can carry 
        as many as 3,000 containers, each one weighing up to 45,000 
        pounds, hundreds of which may be off-loaded at a port.
            (4) The United States Coast Guard has estimated that the 
        maritime security requirements set for ports by the Maritime 
        Transportation Security Act of 2002 (Public Law 107-295; 116 
        Stat. 2064), which are critical to protecting United States 
        ports from a nuclear terrorist attack, will cost $5,400,000,000 
        to implement over a 10-year period.

SEC. 322. PORT SECURITY GRANT FUNDING.

    Section 70107(h) of title 46, United States Code, is amended to 
read as follows:
    ``(h) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary to carry out subsections (a) through 
(g)--
            ``(1) $500,000,000 for fiscal year 2006;
            ``(2) $750,000,000 for fiscal year 2007;
            ``(3) $1,000,000,000 for fiscal year 2008;
            ``(4) $1,250,000,000 for fiscal year 2009; and
            ``(5) such sums as may be needed for each fiscal year after 
        fiscal year 2009.''.

SEC. 323. DEPLOYMENT OF RADIATION DETECTION PORTAL EQUIPMENT; 
              INTEGRATED CARGO INSPECTION SYSTEM.

    (a) In General.--Subtitle C of title IV of the Homeland Security 
Act of 2002 (6 U.S.C. 231 et seq.) is amended by adding at the end the 
following new section:

``SEC. 431. DETECTION OF NUCLEAR MATERIAL AT UNITED STATES SEAPORTS.

    ``(a) Deployment of Radiation Detection Portal Equipment.--
            ``(1) Deployment.--Not later than September 30, 2006, the 
        Undersecretary for Border and Transportation Security shall 
        deploy radiation detection portal equipment at all United 
        States seaports, other United States ports of entry, and major 
        facilities as determined by the Undersecretary.
            ``(2) Report.--Not later than December 31, 2005, the 
        Undersecretary shall submit to the appropriate congressional 
        committees a report on the implementation of the requirement 
        under paragraph (1).
            ``(3) Authorization of appropriations.--There are 
        authorized to be appropriated to the Undersecretary 
        $217,000,000 for fiscal year 2006 to carry out this subsection.
    ``(b) Integrated Cargo Inspection System.--
            ``(1) Plan.--The Undersecretary for Border and 
        Transportation Security shall develop a plan to integrate 
        radiation detection portal equipment with gamma-ray inspection 
        technology equipment at United States seaports and foreign 
        seaports that are participating the Container Security 
        Initiative in order to facilitate the detection of nuclear 
        weapons in maritime cargo containers. Such plan shall include 
        methods for automatic identification of containers and vehicles 
        for inspection in a timely manner and a data sharing network 
        capable of transmitting gamma-ray images and cargo data among 
        relevant ports and the National Targeting Center of the Bureau 
        of Customs and Border Protection.
            ``(2) Report.--Not later than 180 days after the date of 
        enactment of the Targeting Terrorists More Effectively Act of 
        2005, the Undersecretary for Border and Transportation Security 
        shall prepare and submit to the appropriate congressional 
        committees a report that contains--
                    ``(A) a description of the plan developed under 
                paragraph (1), including any infrastructure 
                improvements required at the seaports involved;
                    ``(B) an estimate of the costs associated with 
                implementation of the plan; and
                    ``(C) an estimate of the timeframe for 
                implementation of the plan.''.

SEC. 324. ACCELERATION OF THE MEGAPORTS INITIATIVE.

    (a) Deployment.--Not later than September 30, 2007, the 
Administrator of the National Nuclear Security Administration shall--
            (1) complete agreements under the Megaports Initiative of 
        the Office of International Material Protection and Cooperation 
        with each country that possesses one or more of the world's 
        twenty largest seaports, as defined by volume of maritime cargo 
        traffic; and
            (2) deploy radiation portal monitoring equipment to each 
        seaport operating under an agreement described in subsection 
        (a)(1).
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Administrator such funds as are necessary to carry 
out the provisions of this section.

SEC. 325. TANKER SECURITY INITIATIVE.

    (a) Establishment.--The Secretary of Homeland Security shall 
establish a Tanker Security Initiative to promulgate and enforce 
standards and carry out activities to ensure that tanker vessels that 
transport oil, natural gas, or other materials are not used by 
terrorists or as carriers of weapons of mass destruction.
    (b) Elements.--To carry out the Tanker Security Initiative the 
Secretary of Homeland Security may--
            (1) develop physical standards intended to prevent 
        terrorists from placing a weapon of mass destruction in or on a 
        tanker vessel without detection;
            (2) develop detection equipment, and prescribe the use of 
        such equipment, to be employed on a tanker vessel that is bound 
        for a United States port of entry;
            (3) develop new security inspection procedures required to 
        be carried out on a tanker vessel at a foreign port of 
        embarkation, on the high seas, or in United States waters prior 
        to the arrival of such tanker at a United States port of entry;
            (4) carry out research and development of sensing devices 
        to detect any nuclear device that is placed in or on a tanker 
        vessel; and
            (5) provide assistance to a foreign country to assist such 
        country in carrying out any provisions of the Tanker Security 
        Initiative.
    (c) Report.--Not later than 180 days after the date of enactment of 
this Act, the Secretary of Homeland Security shall submit to Congress a 
report that includes--
            (1) a description of the terrorism risks posed by tanker 
        vessels;
            (2) the elements of the Tanker Security Initiative 
        developed to combat such risks;
            (3) a proposed budget describing the resources needed to 
        carry out the Tanker Security Initiative during the 3-year 
        period beginning on the date of enactment of this Act; and
            (4) any proposal for legislation that the Secretary 
        determines would address effectively such risks.

                      Subtitle D--First Responders

SEC. 331. FINDINGS.

    Congress makes the following findings:
            (1) In a report entitled ``Emergency First Responders: 
        Drastically Underfunded, Dangerously Unprepared'', an 
        independent task force sponsored by the Council on Foreign 
        Relations found that ``America's local emergency responders 
        will always be the first to confront a terrorist incident and 
        will play the central role in managing its immediate 
        consequences. Their efforts in the first minutes and hours 
        following an attack will be critical to saving lives, 
        establishing order, and preventing mass panic. The United 
        States has both a responsibility and a critical need to provide 
        them with the equipment, training, and other resources 
        necessary to do their jobs safely and effectively.''.
            (2) The task force further concluded that many state and 
        local emergency responders, including police officers and 
        firefighters, lack the equipment and training needed to respond 
        effectively to a terrorist attack involving weapons of mass 
        destruction.
            (3) The Federal Government has a responsibility to ensure 
        that the people of the United States are protected to the 
        greatest possible extent against a terrorist attack, especially 
        an attack that utilizes nuclear, chemical, biological, or 
        radiological weapons, and consequently, the Federal Government 
        has a critical responsibility to address the equipment, 
        training, and other needs of State and local first responders.

SEC. 332. RESTORATION OF JUSTICE ASSISTANCE FUNDING.

    (a) Findings.--Congress makes the following findings:
            (1) State and local police officers, firefighters, and 
        emergency responders play an essential role in the efforts of 
        the United States to prevent terrorist attacks and, if an 
        attack occurred, to address the effects of the attack.
            (2) An independent task force has concluded that hundreds 
        of local police offices and firefighting and emergency response 
        units throughout the United States are unprepared for 
        responding to a terrorist attack involving nuclear, chemical, 
        biological, or radiological weapons.
            (3) The Edward Byrne Memorial Justice Assistance Grant 
        Program provides critical Federal support for personnel, 
        equipment, training, and technical assistance for the homeland 
        security responsibilities of local law enforcement offices.
            (4) The Consolidated Appropriations Act, 2005 (Public Law 
        108-447) appropriated funding for the Edward Byrne Memorial 
        Justice Assistance Grant Program, a program that resulted from 
        the combination of the Edward Byrne Memorial Grant Program and 
        the Local Law Enforcement Block Grant Program.
            (5) Funding for the Edward Byrne Memorial Justice 
        Assistance Grant Program, as provided in the Consolidated 
        Appropriations Act, 2005, has been reduced by nearly 50 percent 
        since fiscal year 2002.
    (b) Sense of Congress.--It is the sense of Congress that the 
President should request in the annual budget proposal, and Congress 
should appropriate, the full amount authorized to be appropriated in 
subsection (c).
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated for the Edward Byrne Memorial Justice Assistance Grant 
Program--
            (1) for fiscal year 2006, $1,250,000,000;
            (2) for fiscal year 2007, $1,400,000,000; and
            (3) for fiscal year 2008, $1,600,000,000.

SEC. 333. PROVIDING RELIABLE OFFICERS, TECHNOLOGY, EDUCATION, COMMUNITY 
              PROSECUTORS, AND TRAINING IN OUR NEIGHBORHOOD INITIATIVE.

    (a) COPS Program.--Section 1701(a) of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd(a)) is amended 
by--
            (1) inserting ``and prosecutor'' after ``increase police''; 
        and
            (2) inserting ``to enhance law enforcement access to new 
        technologies, and'' after ``presence,''.
    (b) Hiring and Redeployment Grant Projects.--Section 1701(b) of 
title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
U.S.C. 3796dd(b)) is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (B)--
                            (i) by inserting after ``Nation'' the 
                        following: ``, or pay overtime to existing 
                        career law enforcement officers to the extent 
                        that such overtime is devoted to community 
                        policing efforts''; and
                            (ii) by striking ``and'' at the end;
                    (B) in subparagraph (C), by--
                            (i) striking ``or pay overtime''; and
                            (ii) striking the period at the end and 
                        inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(D) promote higher education among in-service 
                State and local law enforcement officers by reimbursing 
                them for the costs associated with seeking a college or 
                graduate school education.''; and
            (2) in paragraph (2) by striking all that follows ``Support 
        Systems.--'' and inserting ``Grants pursuant to--
                    ``(A) paragraph (1)(B) for overtime may not exceed 
                25 percent of the funds available for grants pursuant 
                to this subsection for any fiscal year;
                    ``(B) paragraph (1)(C) may not exceed 20 percent of 
                the funds available for grants pursuant to this 
                subsection in any fiscal year; and
                    ``(C) paragraph (1)(D) may not exceed 5 percent of 
                the funds available for grants pursuant to this 
                subsection for any fiscal year.''.
    (c) Additional Grant Projects.--Section 1701(d) of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3796dd(d)) is amended--
            (1) in paragraph (2)--
                    (A) by inserting ``integrity and ethics'' after 
                ``specialized''; and
                    (B) by inserting ``and'' after ``enforcement 
                officers'';
            (2) in paragraph (7) by inserting ``school officials, 
        religiously-affiliated organizations,'' after ``enforcement 
        officers'';
            (3) by striking paragraph (8) and inserting the following:
            ``(8) establish school-based partnerships between local law 
        enforcement agencies and local school systems, by using school 
        resource officers who operate in and around elementary and 
        secondary schools to serve as a law enforcement liaison with 
        other Federal, State, and local law enforcement and regulatory 
        agencies, combat school-related crime and disorder problems, 
        gang membership and criminal activity, firearms and explosives-
        related incidents, illegal use and possession of alcohol, and 
        the illegal possession, use, and distribution of drugs;'';
            (4) in paragraph (10) by striking ``and'' at the end;
            (5) in paragraph (11) by striking the period that appears 
        at the end and inserting ``; and''; and
            (6) by adding at the end the following:
            ``(12) develop and implement innovative programs (such as 
        the TRIAD program) that bring together a community's sheriff, 
        chief of police, and elderly residents to address the public 
        safety concerns of older citizens.''.
    (d) Technical Assistance.--Section 1701(f) of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3796dd(f)) is amended--
            (1) in paragraph (1)--
                    (A) by inserting ``use up to 5 percent of the funds 
                appropriated under subsection (a) to'' after ``The 
                Attorney General may'';
                    (B) by inserting at the end the following: ``In 
                addition, the Attorney General may use up to 5 percent 
                of the funds appropriated under subsections (d), (e), 
                and (f) for technical assistance and training to 
                States, units of local government, Indian tribal 
                governments, and to other public and private entities 
                for those respective purposes.'';
            (2) in paragraph (2) by inserting ``under subsection (a)'' 
        after ``the Attorney General''; and
            (3) in paragraph (3)--
                    (A) by striking ``the Attorney General may'' and 
                inserting ``the Attorney General shall'';
                    (B) by inserting ``regional community policing 
                institutes'' after ``operation of''; and
                    (C) by inserting ``representatives of police labor 
                and management organizations, community residents,'' 
                after ``supervisors,''.
    (e) Technology and Prosecution Programs.--Section 1701 of title I 
of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3796dd) is amended by--
            (1) striking subsection (k);
            (2) redesignating subsections (f) through (j) as 
        subsections (g) through (k); and
            (3) striking subsection (e) and inserting the following:
    ``(e) Law Enforcement Technology Program.--Grants made under 
subsection (a) may be used to assist police departments, in employing 
professional, scientific, and technological advancements that will help 
them--
            ``(1) improve police communications through the use of 
        wireless communications, computers, software, videocams, 
        databases and other hardware and software that allow law 
        enforcement agencies to communicate more effectively across 
        jurisdictional boundaries and effectuate interoperability;
            ``(2) develop and improve access to crime solving 
        technologies, including DNA analysis, photo enhancement, voice 
        recognition, and other forensic capabilities; and
            ``(3) promote comprehensive crime analysis by utilizing new 
        techniques and technologies, such as crime mapping, that allow 
        law enforcement agencies to use real-time crime and arrest data 
        and other related information--including non-criminal justice 
        data--to improve their ability to analyze, predict, and respond 
        pro-actively to local crime and disorder problems, as well as 
        to engage in regional crime analysis.
    ``(f) Community-Based Prosecution Program.--Grants made under 
subsection (a) may be used to assist State, local or tribal 
prosecutors' offices in the implementation of community-based 
prosecution programs that build on local community policing efforts. 
Funds made available under this subsection may be used to--
            ``(1) hire additional prosecutors who will be assigned to 
        community prosecution programs, including programs that assign 
        prosecutors to handle cases from specific geographic areas, to 
        address specific violent crime and other local crime problems 
        (including intensive illegal gang, gun and drug enforcement 
        projects and quality of life initiatives), and to address 
        localized violent and other crime problems based on needs 
        identified by local law enforcement agencies, community 
        organizations, and others;
            ``(2) redeploy existing prosecutors to community 
        prosecution programs as described in paragraph (1) of this 
        section by hiring victim and witness coordinators, paralegals, 
        community outreach, and other such personnel; and
            ``(3) establish programs to assist local prosecutors' 
        offices in the implementation of programs that help them 
        identify and respond to priority crime problems in a community 
        with specifically tailored solutions.
At least 75 percent of the funds made available under this subsection 
shall be reserved for grants under paragraphs (1) and (2) and of those 
amounts no more than 10 percent may be used for grants under paragraph 
(2) and at least 25 percent of the funds shall be reserved for grants 
under paragraphs (1) and (2) to units of local government with a 
population of less than 50,000.''.
    (f) Retention Grants.--Section 1703 of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd-2) is amended by 
inserting at the end the following:
    ``(d) Retention Grants.--The Attorney General may use no more than 
50 percent of the funds under subsection (a) to award grants targeted 
specifically for retention of police officers to grantees in good 
standing, with preference to those that demonstrate financial hardship 
or severe budget constraint that impacts the entire local budget and 
may result in the termination of employment for police officers funded 
under subsection (b)(1).''.
    (g) Definitions.--
            (1) Career law enforcement officer.--Section 1709(1) of 
        title I of the Omnibus Crime Control and Safe Streets Act of 
        1968 (42 U.S.C. 3796dd-8) is amended by inserting after 
        ``criminal laws'' the following: ``including sheriffs deputies 
        charged with supervising offenders who are released into the 
        community but also engaged in local community policing 
        efforts.''.
            (2) School resource officer.--Section 1709(4) of title I of 
        the Omnibus Crime Control and Safe Streets Act of 1968 (42 
        U.S.C. 3796dd-8) is amended--
                    (A) by striking subparagraph (A) and inserting the 
                following:
                    ``(A) to serve as a law enforcement liaison with 
                other Federal, State, and local law enforcement and 
                regulatory agencies, to address and document crime and 
                disorder problems including gangs and drug activities, 
                firearms and explosives-related incidents, and the 
                illegal use and possession of alcohol affecting or 
                occurring in or around an elementary or secondary 
                school;'';
                    (B) by striking subparagraph (E) and inserting the 
                following:
                    ``(E) to train students in conflict resolution, 
                restorative justice, and crime awareness, and to 
                provide assistance to and coordinate with other 
                officers, mental health professionals, and youth 
                counselors who are responsible for the implementation 
                of prevention/intervention programs within the 
                schools;''; and
                    (C) by adding at the end the following:
                    ``(H) to work with school administrators, members 
                of the local parent teacher associations, community 
                organizers, law enforcement, fire departments, and 
                emergency medical personnel in the creation, review, 
                and implementation of a school violence prevention 
                plan;
                    ``(I) to assist in documenting the full description 
                of all firearms found or taken into custody on school 
                property and to initiate a firearms trace and 
                ballistics examination for each firearm with the local 
                office of the Bureau of Alcohol, Tobacco, and Firearms;
                    ``(J) to document the full description of all 
                explosives or explosive devices found or taken into 
                custody on school property and report to the local 
                office of the Bureau of Alcohol, Tobacco, and Firearms; 
                and
                    ``(K) to assist school administrators with the 
                preparation of the Department of Education, Annual 
                Report on State Implementation of the Gun-Free Schools 
                Act which tracks the number of students expelled per 
                year for bringing a weapon, firearm, or explosive to 
                school.''.
    (h) Authorization of Appropriations.--Section 1001(a)(11) of title 
I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3793(a)(11)) is amended--
            (1) by amending subparagraph (A) to read as follows:
                    ``(A) There are authorized to be appropriated to 
                carry out part Q, to remain available until expended--
                            ``(i) $1,150,000,000 for fiscal year 2006;
                            ``(ii) $1,150,000,000 for fiscal year 2007;
                            ``(iii) $1,150,000,000 for fiscal year 
                        2008;
                            ``(iv) $1,150,000,000 for fiscal year 2009;
                            ``(v) $1,150,000,000 for fiscal year 2010; 
                        and
                            ``(vi) $1,150,000,000 for fiscal year 
                        2011.''; and
            (2) in subparagraph (B)--
                    (A) by striking ``3 percent'' and inserting ``5 
                percent'';
                    (B) by striking ``1701(f)'' and inserting 
                ``1701(g)'';
                    (C) by striking the second sentence and inserting 
                ``Of the remaining funds, if there is a demand for 50 
                percent of appropriated hiring funds, as determined by 
                eligible hiring applications from law enforcement 
                agencies having jurisdiction over areas with 
                populations exceeding 150,000, no less than 50 percent 
                shall be allocated for grants pursuant to applications 
                submitted by units of local government or law 
                enforcement agencies having jurisdiction over areas 
                with populations exceeding 150,000 or by public and 
                private entities that serve areas with populations 
                exceeding 150,000, and no less than 50 percent shall be 
                allocated for grants pursuant to applications submitted 
                by units of local government or law enforcement 
                agencies having jurisdiction over areas with 
                populations less than 150,000 or by public and private 
                entities that serve areas with populations less than 
                150,000.'';
                    (D) by striking ``85 percent'' and inserting 
                ``$600,000,000''; and
                    (E) by striking ``1701(b),'' and all that follows 
                through ``of part Q'' and inserting the following: 
                ``1701 (b) and (c), $350,000,000 to grants for the 
                purposes specified in section 1701(e), and $200,000,000 
                to grants for the purposes specified in section 
                1701(f).''.

SEC. 334. FIRST RESPONDERS ANTI-TERRORISM PARTNERSHIP.

    (a) Definitions.--In this section:
            (1) Indian tribe.--The term ``Indian tribe'' has the same 
        meaning as in section 4(e) of the Indian Self-Determination and 
        Education Assistance Act (25 U.S.C. 450b(e)).
            (2) Law enforcement officer.--The term ``law enforcement 
        officer'' means any officer, agent, or employee of a State, 
        unit of local government, public or private college or 
        university, or Indian tribe authorized by law or by a 
        government agency to engage in or supervise the prevention, 
        detection, or investigation of any violation of criminal law, 
        or authorized by law to supervise sentenced criminal offenders.
            (3) Public safety officer.--The term ``public safety 
        officer'' means any person serving a public or private agency 
        with or without compensation as a law enforcement officer, as a 
        firefighter, or as a member of a rescue squad or ambulance 
        crew.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.
            (5) State.--The term ``State'' means each of the 50 States, 
        the District of Columbia, and the Commonwealth of Puerto Rico.
            (6) Unit of local government.--The term ``unit of local 
        government'' means a county, municipality, town, township, 
        village, parish, borough, or other unit of general government 
        below the State level.
    (b) First Responders Partnership Grant Program for Public Safety 
Officers.--
            (1) In general.--The Secretary is authorized to make grants 
        to States, units of local government, and Indian tribes to 
        support public safety officers in their efforts to protect 
        homeland security and prevent and respond to acts of terrorism.
            (2) Use of funds.--Grants awarded under this section shall 
        be--
                    (A) distributed directly to the State, unit of 
                local government, or Indian tribe; and
                    (B) used to fund overtime expenses, equipment, 
                training, and facilities to support public safety 
                officers in their efforts to protect homeland security 
                and prevent and respond to acts of terrorism.
            (3) Allocation and distribution of funds.--
                    (A) Set-aside for indian tribes.--
                            (i) In general.--The Secretary shall 
                        reserve 1 percent of the amount appropriated 
                        for grants pursuant to this section to be used 
                        for grants to Indian tribes.
                            (ii) Selection of indian tribes.--
                                    (I) In general.--The Secretary 
                                shall award grants under this paragraph 
                                to Indian tribes on the basis of a 
                                competition conducted pursuant to 
                                specific criteria.
                                    (II) Rulemaking.--The criteria 
                                under subclause (I) shall be contained 
                                in a regulation promulgated by the 
                                Secretary after notice and public 
                                comment.
                    (B) Set-aside for rural states.--
                            (i) In general.--The Secretary shall 
                        reserve 5 percent of the amount appropriated 
                        for grants pursuant to this section to be used 
                        for grants to rural States.
                            (ii) Selection of rural states.--The 
                        Secretary shall award grants under this 
                        subparagraph to rural States (as defined in 
                        section 1501(b) of the Omnibus Crime Control 
                        and Safe Streets Act of 1968 (42 U.S.C. 
                        3796bb(b))).
                    (C) Minimum amount.--The Secretary shall allocate, 
                from the total amount appropriated for grants to States 
                under this subsection--
                            (i) not less than 0.75 percent for each 
                        State; and
                            (ii) not less than 0.25 percent for 
                        American Samoa, Guam, the Northern Mariana 
                        Islands, and the United States Virgin Islands, 
                        respectively.
                    (D) Allocation to metropolitan cities and urban 
                counties.--The balance of the total amount appropriated 
                for grants to States under this subsection after 
                allocations have been made to Indian tribes, rural 
                States, and the minimum amount to each State pursuant 
                to subparagraphs (A) through (C), shall be allocated by 
                the Secretary to metropolitan cities and urban counties 
                pursuant to subparagraphs (E) and (F).
                    (E) Computation of amount allocated to metropolitan 
                cities.--
                            (i) Computation ratios.--The Secretary 
                        shall determine the amount to be allocated to 
                        each metropolitan city, which shall bear the 
                        same ratio to the allocation for all 
                        metropolitan cities as the weighted average 
                        of--
                                    (I) the population of the 
                                metropolitan city divided by the 
                                population of all metropolitan cities;
                                    (II) the potential chemical 
                                security risk of the metropolitan city 
                                divided by the potential chemical 
                                security risk of all metropolitan 
                                cities;
                                    (III) the proximity of the 
                                metropolitan city to the nearest 
                                operating nuclear power plant compared 
                                to the proximity of all metropolitan 
                                cities to the nearest operating nuclear 
                                power plant to each such city;
                                    (IV) the proximity of the 
                                metropolitan cities to the nearest 
                                United States land or water port 
                                compared with the proximity of all 
                                metropolitan cities to the nearest 
                                United States land or water port to 
                                each such city;
                                    (V) the proximity of the 
                                metropolitan city to the nearest 
                                international border compared with the 
                                proximity of all metropolitan cities to 
                                the nearest international border to 
                                each such city; and
                                    (VI) the proximity of the 
                                metropolitan city to the nearest 
                                Disaster Medical Assistance Team 
                                (referred to in this subsection as 
                                ``DMAT'') compared with the proximity 
                                of all metropolitan cities to the 
                                nearest DMAT to each such city.
                            (ii) Clarification of computation ratios.--
                                    (I) Relative weight of factor.--In 
                                determining the average of the ratios 
                                under clause (i), the ratio involving 
                                population shall constitute 50 percent 
                                of the formula in calculating the 
                                allocation and the remaining factors 
                                shall be equally weighted.
                                    (II) Potential chemical security 
                                risk.--If a metropolitan city is within 
                                the vulnerable zone of a worst-case 
                                chemical release (as specified in the 
                                most recent risk management plans filed 
                                with the Environmental Protection 
                                Agency, or another instrument developed 
                                by the Environmental Protection Agency 
                                or the Homeland Security Department 
                                that captures the same information for 
                                the same facilities), the ratio under 
                                clause (i)(II) shall be 1 divided by 
                                the total number of metropolitan cities 
                                that are within such a zone.
                                    (III) Proximity as it pertains to 
                                nuclear security.--If a metropolitan 
                                city is located within 50 miles of an 
                                operating nuclear power plant (as 
                                identified by the Nuclear Regulatory 
                                Commission), the ratio under clause 
                                (i)(III) shall be 1 divided by the 
                                total number of metropolitan cities, 
                                not to exceed 100, which are located 
                                within 50 miles of an operating nuclear 
                                power plant.
                                    (IV) Proximity as it pertains to 
                                port security.--If a metropolitan city 
                                is located within 50 miles of 1 of the 
                                100 largest United States ports (as 
                                stated by the Department of 
                                Transportation, Bureau of 
                                Transportation Statistics, United 
                                States Port Report by All Land Modes), 
                                or within 50 miles of 1 of the 30 
                                largest United States water ports by 
                                metric tons and value (as stated by the 
                                Department of Transportation, Maritime 
                                Administration, United States Foreign 
                                Waterborne Transportation Statistics), 
                                the ratio under clause (i)(IV) shall be 
                                1 divided by the total number of 
                                metropolitan cities that are located 
                                within 50 miles of a United States land 
                                or water port.
                                    (V) Proximity to international 
                                border.--If a metropolitan city is 
                                located within 50 miles of an 
                                international border, the ratio under 
                                clause (i)(V) shall be 1 divided by the 
                                total number of metropolitan cities 
                                that are located within 50 miles of an 
                                international border.
                                    (VI) Proximity to disaster medical 
                                assistance team.--If a metropolitan 
                                city is located within 50 miles of a 
                                DMAT, as organized by the National 
                                Disaster Medical System, the ratio 
                                under clause (i)(VI) shall be 1 divided 
                                by the total number of metropolitan 
                                cities that are located within 50 miles 
                                of a DMAT.
                    (F) Computation of amount allocated to urban 
                counties.--
                            (i) Computation ratios.--The Secretary 
                        shall determine the amount to be allocated to 
                        each urban county, which shall bear the same 
                        ratio to the allocation for all urban counties 
                        as the weighted average of--
                                    (I) the population of the urban 
                                county divided by the population of all 
                                urban counties;
                                    (II) the potential chemical 
                                security risk of the urban county 
                                divided by the potential chemical 
                                security risk of all urban counties;
                                    (III) the proximity of the urban 
                                county to the nearest operating nuclear 
                                power plant compared to the proximity 
                                of all urban counties to the nearest 
                                operating nuclear power plant to each 
                                such county;
                                    (IV) the proximity of the urban 
                                counties to the nearest United States 
                                land or water port compared with the 
                                proximity of all urban counties to the 
                                nearest United States land or water 
                                port to each such county;
                                    (V) the proximity of the urban 
                                county to the nearest international 
                                border compared with the proximity of 
                                all urban counties to the nearest 
                                international border to each such 
                                county; and
                                    (VI) the proximity of the urban 
                                county to the nearest Disaster Medical 
                                Assistance Team compared with the 
                                proximity of all urban counties to the 
                                nearest DMAT to each such county.
                            (ii) Clarification of computation ratios.--
                                    (I) Relative weight of factor.--In 
                                determining the average of the ratios 
                                under clause (i), the ratio involving 
                                population shall constitute 50 percent 
                                of the formula in calculating the 
                                allocation and the remaining factors 
                                shall be equally weighted.
                                    (II) Potential chemical security 
                                risk.--If an urban county is within the 
                                vulnerable zone of a worst-case 
                                chemical release (as specified in the 
                                most recent risk management plans filed 
                                with the Environmental Protection 
                                Agency, or another instrument developed 
                                by the Environmental Protection Agency 
                                or the Homeland Security Department 
                                that captures the same information for 
                                the same facilities), the ratio under 
                                clause (i)(II) shall be 1 divided by 
                                the total number of urban counties that 
                                are within such a zone.
                                    (III) Proximity as it pertains to 
                                nuclear security.--If an urban county 
                                is located within 50 miles of an 
                                operating nuclear power plant (as 
                                identified by the Nuclear Regulatory 
                                Commission), the ratio under clause 
                                (i)(III) shall be 1 divided by the 
                                total number of urban counties, not to 
                                exceed 100, which are located within 50 
                                miles of an operating nuclear power 
                                plant.
                                    (IV) Proximity as it pertains to 
                                port security.--If an urban county is 
                                located within 50 miles of 1 of the 100 
                                largest United States ports (as stated 
                                by the Department of Transportation, 
                                Bureau of Transportation Statistics, 
                                United States Port Report by All Land 
                                Modes), or within 50 miles of 1 of the 
                                30 largest United States water ports by 
                                metric tons and value (as stated by the 
                                Department of Transportation, Maritime 
                                Administration, United States Foreign 
                                Waterborne Transportation Statistics), 
                                the ratio under clause (i)(IV) shall be 
                                1 divided by the total number of urban 
                                counties that are located within 50 
                                miles of a United States land or water 
                                port.
                                    (V) Proximity to international 
                                border.--If an urban county is located 
                                within 50 miles of an international 
                                border, the ratio under clause (i)(V) 
                                shall be 1 divided by the total number 
                                of urban counties that are located 
                                within 50 miles of an international 
                                border.
                                    (VI) Proximity to disaster medical 
                                assistance team.--If an urban county is 
                                located within 50 miles of a DMAT, as 
                                organized by the National Disaster 
                                Medical System, the ratio under clause 
                                (i)(VI) shall be 1 divided by the total 
                                number of urban counties that are 
                                located within 50 miles of a DMAT.
                    (G) Exclusions.--
                            (i) In general.--In computing amounts or 
                        exclusions under subparagraph (F) with respect 
                        to any urban county, units of general local 
                        government located in the county shall be 
                        excluded if the populations of such units are 
                        not counted to determine the eligibility of the 
                        urban county to receive a grant under this 
                        paragraph.
                            (ii) Independent cities.--
                                    (I) In general.--In computing 
                                amounts under clause (i), there shall 
                                be included any independent city (as 
                                defined by the Bureau of the Census) 
                                which--
                                            (aa) is not part of any 
                                        county;
                                            (bb) is not eligible for a 
                                        grant;
                                            (cc) is contiguous to the 
                                        urban county;
                                            (dd) has entered into 
                                        cooperation agreements with the 
                                        urban county which provide that 
                                        the urban county is to 
                                        undertake or to assist in the 
                                        undertaking of essential 
                                        community development and 
                                        housing assistance activities 
                                        with respect to such 
                                        independent city; and
                                            (ee) is not included as a 
                                        part of any other unit of 
                                        general local government for 
                                        purposes of this section.
                                    (II) Limitation.--Any independent 
                                city that is included in the 
                                computation under subclause (I) shall 
                                not be eligible to receive assistance 
                                under this paragraph for the fiscal 
                                year for which such computation is used 
                                to allocate such assistance.
                    (H) Inclusion.--
                            (i) Local government straddling county 
                        line.--In computing amounts or exclusions under 
                        subparagraph (F) with respect to any urban 
                        county, all of the area of any unit of local 
                        government shall be included, which is part of, 
                        but is not located entirely within the 
                        boundaries of, such urban county if--
                                    (I) the part of such unit of local 
                                government that is within the 
                                boundaries of such urban county would 
                                otherwise be included in computing the 
                                amount for such urban county under this 
                                subsection; and
                                    (II) the part of such unit of local 
                                government that is not within the 
                                boundaries of such urban county is not 
                                included as a part of any other unit of 
                                local government for the purpose of 
                                this subsection.
                            (ii) Use of grant funds outside urban 
                        county.--Any amount received under this section 
                        by an urban county described under clause (i) 
                        may be used with respect to the part of such 
                        unit of local government that is outside the 
                        boundaries of such urban county.
                    (I) Population.--
                            (i) Effect of consolidation.--Where data 
                        are available, the amount to be allocated to a 
                        metropolitan city that has been formed by the 
                        consolidation of 1 or more metropolitan cities 
                        within an urban county shall be equal to the 
                        sum of the amounts that would have been 
                        allocated to the urban county or cities and the 
                        balance of the consolidated government if such 
                        consolidation had not occurred.
                            (ii) Limitation.--Clause (i) shall apply 
                        only to a consolidation that--
                                    (I) included all metropolitan 
                                cities that received grants under this 
                                section for the fiscal year preceding 
                                such consolidation and that were 
                                located within the urban county;
                                    (II) included the entire urban 
                                county that received a grant under this 
                                section for the fiscal year preceding 
                                such consolidation; and
                                    (III) took place on or after 
                                January 1, 2005.
                            (iii) Growth rate.--The population growth 
                        rate of all metropolitan cities defined in this 
                        section shall be based on the population of 
                        metropolitan cities other than consolidated 
                        governments the grant for which is determined 
                        under this paragraph and cities that were 
                        metropolitan cities before their incorporation 
                        into consolidated governments.
            (4) Maximum amount per grantee.--
                    (A) In general.--A qualifying State, unit of local 
                government, or Indian tribe may not receive more than 5 
                percent of the total amount appropriated for grants 
                under this section.
                    (B) Aggregate amount per state.--A State, together 
                with the grantees within the State, may not receive 
                more than 20 percent of the total amount appropriated 
                for grants under this section.
            (5) Matching funds.--
                    (A) In general.--The portion of the costs of a 
                program provided by a grant under paragraph (1) may not 
                exceed 90 percent.
                    (B) Waiver.--If the Secretary determines that a 
                grantee is experiencing fiscal hardship, the Secretary 
                may waive, in whole or in part, the matching 
                requirement under subparagraph (A).
                    (C) Exception.--Any funds appropriated by Congress 
                for the activities of any agency of an Indian tribal 
                government or the Bureau of Indian Affairs performing 
                law enforcement functions on any Indian lands may be 
                used to provide the non-Federal share of a matching 
                requirement under subparagraph (A).
    (c) Applications.--
            (1) In general.--To request a grant under this section, the 
        chief executive of a State, unit of local government, or Indian 
        tribe shall submit an application to the Secretary in such form 
        and containing such information as the Secretary may reasonably 
        require.
            (2) Regulations.--Not later than 90 days after the date of 
        enactment of this Act, the Secretary shall promulgate 
        regulations to implement this subsection (including the 
        information that must be included and the requirements that the 
        States, units of local government, and Indian tribes must meet) 
        in submitting the applications required under this subsection.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated $5,000,000,000 for fiscal year 2006 to carry out this 
section.

                        TITLE IV--RAIL SECURITY

SEC. 401. SHORT TITLE.

    This title may be cited as the ``Rail Security Act of 2005''.

SEC. 402. RAIL TRANSPORTATION SECURITY RISK ASSESSMENT.

    (a) In General.--
            (1) Vulnerability assessment.--The Under Secretary of 
        Homeland Security for Border and Transportation Security, in 
        consultation with the Secretary of Transportation, shall 
        complete a vulnerability assessment of freight and passenger 
        rail transportation (encompassing railroads, as that term is 
        defined in section 20102(1) of title 49, United States Code). 
        The assessment shall include--
                    (A) identification and evaluation of critical 
                assets and infrastructures;
                    (B) identification of threats to those assets and 
                infrastructures;
                    (C) identification of vulnerabilities that are 
                specific to the transportation of hazardous materials 
                via railroad; and
                    (D) identification of security weaknesses in 
                passenger and cargo security, transportation 
                infrastructure, protection systems, procedural 
                policies, communications systems, employee training, 
                emergency response planning, and any other area 
                identified by the assessment.
            (2) Existing private and public sector efforts.--The 
        assessment shall take into account actions taken or planned by 
        both public and private entities to address identified security 
        issues and assess the effective integration of such actions.
            (3) Recommendations.--Based on the assessment conducted 
        under paragraph (1), the Under Secretary, in consultation with 
        the Secretary of Transportation, shall develop prioritized 
        recommendations for improving rail security, including any 
        recommendations the Under Secretary has for--
                    (A) improving the security of rail tunnels, rail 
                bridges, rail switching and car storage areas, other 
                rail infrastructure and facilities, information 
                systems, and other areas identified by the Under 
                Secretary as posing significant rail-related risks to 
                public safety and the movement of interstate commerce, 
                taking into account the impact that any proposed 
                security measure might have on the provision of rail 
                service;
                    (B) deploying equipment to detect explosives and 
                hazardous chemical, biological, and radioactive 
                substances, and any appropriate countermeasures;
                    (C) training employees in terrorism prevention, 
                passenger evacuation, and response activities;
                    (D) conducting public outreach campaigns on 
                passenger railroads;
                    (E) deploying surveillance equipment; and
                    (F) identifying the immediate and long-term costs 
                of measures that may be required to address those 
                risks.
            (4) Plans.--The report required by subsection (c) shall 
        include--
                    (A) a plan, developed in consultation with the 
                freight and intercity passenger railroads, and State 
                and local governments, for the government to provide 
                increased security support at high or severe threat 
                levels of alert; and
                    (B) a plan for coordinating rail security 
                initiatives undertaken by the public and private 
                sectors.
    (b) Consultation; Use of Existing Resources.--In carrying out the 
assessment required by subsection (a), the Under Secretary of Homeland 
Security for Border and Transportation Security shall consult with rail 
management, rail labor, owners or lessors of rail cars used to 
transport hazardous materials, first responders, shippers of hazardous 
materials, public safety officials (including those within other 
agencies and offices within the Department of Homeland Security), and 
other relevant parties.
    (c) Report.--
            (1) Contents.--Not later than 180 days after the date of 
        enactment of this Act, the Under Secretary of Homeland Security 
        for Border and Transportation Security shall submit to the 
        Committee on Commerce, Science, and Transportation of the 
        Senate and the Committee on Transportation and Infrastructure 
        of the House of Representatives a report containing the 
        assessment and prioritized recommendations required by 
        subsection (a) and an estimate of the cost to implement such 
        recommendations.
            (2) Format.--The Under Secretary may submit the report in 
        both classified and redacted formats if the Under Secretary 
        determines that such action is appropriate or necessary.
    (d) 2-Year Updates.--The Under Secretary of Homeland Security for 
Border and Transportation Security, in consultation with the Secretary 
of Transportation, shall update the assessment and recommendations 
every 2 years and submit to the committees named in subsection (c)(1) a 
report, which may be submitted in both classified and redacted formats, 
containing the updated assessment and recommendations.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to the Under Secretary of Homeland Security for Border and 
Transportation Security $5,000,000 for fiscal year 2006 for the purpose 
of carrying out this section.

SEC. 403. RAIL SECURITY.

    (a) Rail Police Officers.--Section 28101 of title 49, United States 
Code, is amended by striking ``the rail carrier'' each place it appears 
and inserting ``any rail carrier''.
    (b) Review of Rail Regulations.--Not later than 1 year after the 
date of enactment of this Act, the Secretary of Transportation, in 
consultation with the Under Secretary of Homeland Security for Border 
and Transportation Security, shall review existing rail regulations of 
the Department of Transportation for the purpose of identifying areas 
in which those regulations need to be revised to improve rail security.

SEC. 404. STUDY OF FOREIGN RAIL TRANSPORT SECURITY PROGRAMS.

    (a) Requirement for Study.--Not later than 1 year after the date of 
enactment of this Act, the Comptroller General shall complete a study 
of the rail passenger transportation security programs that are carried 
out for rail transportation systems in Japan, member nations of the 
European Union, and other foreign countries.
    (b) Purpose.--The purpose of the study shall be to identify 
effective rail transportation security measures that are in use in 
foreign rail transportation systems, including innovative measures and 
screening procedures determined effective.
    (c) Report.--The Comptroller General shall submit a report on the 
results of the study to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Transportation and 
Infrastructure of the House of Representatives. The report shall 
include the Comptroller General's assessment regarding whether it is 
feasible to implement within the United States any of the same or 
similar security measures that are determined effective under the 
study.

SEC. 405. PASSENGER, BAGGAGE, AND CARGO SCREENING.

    (a) Requirement for Study and Report.--The Under Secretary of 
Homeland Security for Border and Transportation Security, in 
cooperation with the Secretary of Transportation, shall--
            (1) analyze the cost and feasibility of requiring security 
        screening for passengers, baggage, and cargo on passenger 
        trains; and
            (2) not later than 1 year after the date of enactment of 
        this Act, report the results of the study, together with any 
        recommendations that the Under Secretary may have for 
        implementing a rail security screening program to the Committee 
        on Commerce, Science, and Transportation of the Senate and the 
        Committee on Transportation and Infrastructure of the House of 
        Representatives.
    (b) Pilot Program.--As part of the study under subsection (a), the 
Under Secretary shall complete a pilot program of random security 
screening of passengers and baggage at 5 passenger rail stations served 
by Amtrak that are selected by the Under Secretary. In conducting the 
pilot program, the Under Secretary shall--
            (1) test a wide range of explosives detection technologies, 
        devices, and methods;
            (2) require that intercity rail passengers produce 
        government-issued photographic identification that matches the 
        name on the passenger's tickets prior to boarding trains; and
            (3) attempt to give preference to locations at the highest 
        risk of terrorist attack and achieve a distribution of 
        participating train stations in terms of geographic location, 
        size, passenger volume, and whether the station is used by 
        commuter rail passengers as well as Amtrak passengers.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Under Secretary of Homeland Security for Border and 
Transportation Security $5,000,000 for fiscal year 2006 to carry out 
this section.

SEC. 406. CERTAIN PERSONNEL LIMITATIONS NOT TO APPLY.

    Any statutory limitation on the number of employees in the 
Transportation Security Administration of the Department of 
Transportation, before or after its transfer to the Department of 
Homeland Security, does not apply to the extent that any such employees 
are responsible for implementing the provisions of this Act.

SEC. 407. FIRE AND LIFE-SAFETY IMPROVEMENTS.

    (a) Life-Safety Needs.--The Secretary of Transportation is 
authorized to make grants to Amtrak for the purpose of making fire and 
life-safety improvements to Amtrak tunnels on the Northeast Corridor in 
New York, New York, Baltimore, Maryland, and Washington, District of 
Columbia.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Transportation for the purposes of 
carrying out subsection (a) the following amounts:
            (1) For the 6 New York tunnels to provide ventilation, 
        electrical, and fire safety technology upgrades, emergency 
        communication and lighting systems, and emergency access and 
        egress for passengers--
                    (A) $100,000,000 for fiscal year 2006;
                    (B) $100,000,000 for fiscal year 2007;
                    (C) $100,000,000 for fiscal year 2008;
                    (D) $100,000,000 for fiscal year 2009; and
                    (E) $170,000,000 for fiscal year 2010.
            (2) For the Baltimore & Potomac tunnel and the Union 
        tunnel, together, to provide adequate drainage, ventilation, 
        communication, lighting, and passenger egress upgrades--
                    (A) $10,000,000 for fiscal year 2006;
                    (B) $10,000,000 for fiscal year 2007;
                    (C) $10,000,000 for fiscal year 2008;
                    (D) $10,000,000 for fiscal year 2009; and
                    (E) $17,000,000 for fiscal year 2010.
            (3) For the Washington, District of Columbia, Union Station 
        tunnels to improve ventilation, communication, lighting, and 
        passenger egress upgrades--
                    (A) $8,000,000 for fiscal year 2006;
                    (B) $8,000,000 for fiscal year 2007;
                    (C) $8,000,000 for fiscal year 2008;
                    (D) $8,000,000 for fiscal year 2009; and
                    (E) $8,000,000 for fiscal year 2010.
    (c) Infrastructure Upgrades.--There are authorized to be 
appropriated to the Secretary of Transportation $3,000,000 for fiscal 
year 2006 for the preliminary design of options for a new tunnel on a 
different alignment to augment the capacity of the existing Baltimore, 
Maryland, tunnels.
    (d) Availability of Appropriated Funds.--Amounts appropriated 
pursuant to this section shall remain available until expended.
    (e) Plans Required.--The Secretary of Transportation may not make 
amounts available to Amtrak for obligation or expenditure under 
subsection (a)--
            (1) until Amtrak has submitted to the Secretary, and the 
        Secretary has approved, an engineering and financial plan for 
        such projects; and
            (2) unless, for each project funded pursuant to this 
        section, the Secretary has approved a project management plan 
        prepared by Amtrak addressing appropriate project budget, 
        construction schedule, recipient staff organization, document 
        control and record keeping, change order procedure, quality 
        control and assurance, periodic plan updates, periodic status 
        reports, and such other matters the Secretary determines 
        appropriate.
    (f) Review of Plans.--The Secretary of Transportation shall 
complete the review of the plans required under subsection (e) and 
approve or disapprove the plans within 45 days after the date on which 
each such plan is submitted by Amtrak. If the Secretary determines that 
a plan is incomplete or deficient, the Secretary shall notify Amtrak of 
the incomplete items or deficiencies and Amtrak shall, within 30 days 
after receiving such notification, submit a modified plan for the 
Secretary's review. Within 15 days after receiving additional 
information on items previously included in the plan, and within 45 
days after receiving items newly included in a modified plan, the 
Secretary shall either approve the modified plan, or, if the Secretary 
finds the plan is still incomplete or deficient, the Secretary shall 
identify in writing to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Transportation and 
Infrastructure of the House of Representatives the portions of the plan 
the Secretary finds incomplete or deficient, approve all other portions 
of the plan, obligate the funds associated with those other portions, 
and execute an agreement with Amtrak within 15 days thereafter on a 
process for resolving the remaining portions of the plan.
    (g) Financial Contribution From Other Tunnel Users.--The Secretary 
shall, taking into account the need for the timely completion of all 
portions of the tunnel projects described in subsection (a)--
            (1) consider the extent to which rail carriers other than 
        Amtrak use the tunnels;
            (2) consider the feasibility of seeking a financial 
        contribution from those other rail carriers toward the costs of 
        the projects; and
            (3) obtain financial contributions or commitments from such 
        other rail carriers at levels reflecting the extent of their 
        use of the tunnels, if feasible.

SEC. 408. MEMORANDUM OF AGREEMENT.

    (a) Memorandum of Agreement.--Not later than 60 days after the date 
of enactment of this Act, the Secretary of Transportation and the 
Secretary of Homeland Security shall execute a memorandum of agreement 
governing the roles and responsibilities of the Department of 
Transportation and the Department of Homeland Security, respectively, 
in addressing railroad transportation security matters, including the 
processes the departments will follow to promote communications, 
efficiency, and nonduplication of effort.
    (b) Rail Safety Regulations.--Section 20103(a) of title 49, United 
States Code, is amended by striking ``safety'' the first place it 
appears, and inserting ``safety, including security,''.

SEC. 409. AMTRAK PLAN TO ASSIST FAMILIES OF PASSENGERS INVOLVED IN RAIL 
              PASSENGER ACCIDENTS.

    (a) In General.--Chapter 243 of title 49, United States Code, is 
amended by adding at the end the following new section:
``Sec. 24316. Plan to address needs of families of passengers involved 
              in rail passenger accidents
    ``(a) Submission of Plan.--Not later than 6 months after the date 
of enactment of the Rail Security Act of 2005, Amtrak shall submit to 
the Chairman of the National Transportation Safety Board and the 
Secretary of Transportation a plan for addressing the needs of the 
families of passengers involved in any rail passenger accident 
involving an Amtrak intercity train and resulting in a loss of life.
    ``(b) Contents of Plans.--The plan to be submitted by Amtrak under 
subsection (a) shall include, at a minimum, the following:
            ``(1) A process by which Amtrak will maintain and provide 
        to the National Transportation Safety Board and the Secretary 
        of Transportation, immediately upon request, a list (which is 
        based on the best available information at the time of the 
        request) of the names of the passengers aboard the train 
        (whether or not such names have been verified), and will 
        periodically update the list. The plan shall include a 
        procedure, with respect to unreserved trains and passengers not 
        holding reservations on other trains, for Amtrak to use 
        reasonable efforts to ascertain the number and names of 
        passengers aboard a train involved in an accident.
            ``(2) A plan for creating and publicizing a reliable, toll-
        free telephone number within 4 hours after such an accident 
        occurs, and for providing staff, to handle calls from the 
        families of the passengers.
            ``(3) A process using suitably trained individuals to 
        notify the families of the passengers before any public notice 
        of the names of the passengers is provided.
            ``(4) A process for providing the notice described in 
        paragraph (2) to the family of a passenger as soon as Amtrak 
        has verified that the passenger was aboard the train (whether 
        or not the names of all of the passengers have been verified).
            ``(5) A process by which the family of each passenger will 
        be--
                    ``(A) consulted about the disposition of all 
                remains and personal effects of the passenger within 
                Amtrak's control;
                    ``(B) notified that any possession of the passenger 
                within Amtrak's control will be returned to the family 
                unless the possession is needed for the accident 
                investigation or any criminal investigation; and
                    ``(C) notified that any unclaimed possession of a 
                passenger within Amtrak's control will be retained by 
                the rail passenger carrier for at least 18 months.
            ``(6) A process by which the treatment of the families of 
        nonrevenue passengers will be the same as the treatment of the 
        families of revenue passengers.
            ``(7) An assurance that Amtrak will provide adequate 
        training to its employees and agents to meet the needs of 
        survivors and family members following an accident.
    ``(c) Use of Information.--The National Transportation Safety 
Board, the Secretary of Transportation, and Amtrak may not release to 
any person information on a list obtained under subsection (b)(1) but 
may provide information on the list about a passenger to the family of 
the passenger to the extent that the Board or Amtrak considers 
appropriate.
    ``(d) Limitation on Liability.--Amtrak shall not be liable for 
damages in any action brought in a Federal or State court arising out 
of the performance of Amtrak in preparing or providing a passenger 
list, or in providing information concerning a train reservation, 
pursuant to the plan submitted by Amtrak under subsection (b), unless 
such liability was caused by Amtrak's conduct.
    ``(e) Limitation on Statutory Construction.--Nothing in this 
section may be construed as limiting the actions that Amtrak may take, 
or the obligations that Amtrak may have, in providing assistance to the 
families of passengers involved in a rail passenger accident.
    ``(f) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Transportation for the use of Amtrak 
$500,000 for fiscal year 2006 to carry out this section. Amounts 
appropriated pursuant to this subsection shall remain available until 
expended.''.
    (b) Conforming Amendment.--The chapter analysis for chapter 243 of 
title 49, United States Code, is amended by adding at the end the 
following:

``Sec.
``24316. Plan to address needs of families of passengers involved in 
                            rail passenger accidents.''.

SEC. 410. SYSTEMWIDE AMTRAK SECURITY UPGRADES.

    (a) In General.--Subject to subsection (c), the Under Secretary of 
Homeland Security for Border and Transportation Security is authorized 
to make grants, through the Secretary of Transportation, to Amtrak--
            (1) to secure major tunnel access points and ensure tunnel 
        integrity in New York, New York, Baltimore, Maryland, and 
        Washington, District of Columbia;
            (2) to secure Amtrak trains;
            (3) to secure Amtrak stations;
            (4) to obtain a watch list identification system approved 
        by the Under Secretary;
            (5) to obtain train tracking and interoperable 
        communications systems that are coordinated to the maximum 
        extent possible;
            (6) to hire additional police and security officers, 
        including canine units; and
            (7) to expand emergency preparedness efforts.
    (b) Conditions.--The Secretary of Transportation may not disburse 
funds to Amtrak under subsection (a) unless the projects are contained 
in a systemwide security plan approved by the Under Secretary, in 
consultation with the Secretary of Transportation, and, for capital 
projects, meet the requirements of section 407(e)(2). The plan shall 
include appropriate measures to address security awareness, emergency 
response, and passenger evacuation training.
    (c) Equitable Geographic Allocation.--The Under Secretary shall 
ensure that, subject to meeting the highest security needs on Amtrak's 
entire system, stations and facilities located outside of the Northeast 
Corridor receive an equitable share of the security funds authorized by 
this section.
    (d) Availability of Funds.--There are authorized to be appropriated 
to the Under Secretary of Homeland Security for Border and 
Transportation Security $63,500,000 for fiscal year 2006 to carry out 
this section. Amounts appropriated pursuant to this subsection shall 
remain available until expended.

SEC. 411. FREIGHT AND PASSENGER RAIL SECURITY UPGRADES.

    (a) Security Improvement Grants.--The Under Secretary of Homeland 
Security for Border and Transportation Security is authorized to make 
grants to freight railroads, the Alaska Railroad, hazardous materials 
shippers, owners of rail cars used in the transportation of hazardous 
materials, universities, colleges and research centers, State and local 
governments (for passenger facilities and infrastructure not owned by 
Amtrak), and, through the Secretary of Transportation, to Amtrak, for 
full or partial reimbursement of costs incurred in the conduct of 
activities to prevent or respond to acts of terrorism, sabotage, or 
other intercity passenger rail and freight rail security threats, 
including--
            (1) security and redundancy for critical communications, 
        computer, and train control systems essential for secure rail 
        operations;
            (2) accommodation of cargo or passenger screening equipment 
        at the United States-Mexico border or the United States-Canada 
        border;
            (3) the security of hazardous material transportation by 
        rail;
            (4) secure intercity passenger rail stations, trains, and 
        infrastructure;
            (5) structural modification or replacement of rail cars 
        transporting high hazard materials to improve their resistance 
        to acts of terrorism;
            (6) employee security awareness, preparedness, passenger 
        evacuation, and emergency response training;
            (7) public security awareness campaigns for passenger train 
        operations;
            (8) the sharing of intelligence and information about 
        security threats;
            (9) train tracking and interoperable communications systems 
        that are coordinated to the maximum extent possible;
            (10) the hiring of additional police and security officers, 
        including canine units; and
            (11) other improvements recommended by the reports 
        submitted under subsections (c) and (d) of section 402, 
        including infrastructure, facilities, and equipment upgrades.
    (b) Accountability.--The Under Secretary shall adopt necessary 
procedures, including audits, to ensure that grants made under this 
section are expended in accordance with the purposes of this Act and 
the priorities and other criteria developed by the Under Secretary.
    (c) Equitable Allocation.--The Under Secretary shall equitably 
distribute the funds authorized by this section, taking into account 
geographic location, and shall encourage non-Federal financial 
participation in awarding grants. With respect to grants for passenger 
rail security, the Under Secretary shall also take into account 
passenger volume and whether a station is used by commuter rail 
passengers as well as intercity rail passengers.
    (d) Conditions.--The Secretary of Transportation may not disburse 
funds to Amtrak under subsection (a) unless Amtrak meets the conditions 
set forth in section 410(b).
    (e) Allocation Between Railroads and Others.--Unless as a result of 
the assessment required by section 402(a) the Under Secretary of 
Homeland Security for Border and Transportation Security determines 
that critical rail transportation security needs require reimbursement 
in greater amounts to any eligible entity, no grants under this section 
may be made--
            (1) in excess of $65,000,000 to Amtrak; or
            (2) in excess of $100,000,000 for the purposes described in 
        paragraphs (3) and (5) of subsection (a).
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated to the Under Secretary of Homeland Security for Border and 
Transportation Security $350,000,000 for fiscal year 2006 to carry out 
this section. Amounts appropriated pursuant to this subsection shall 
remain available until expended.
    (g) High Hazard Materials Defined.--In this section, the term 
``high hazard materials'' means poison inhalation hazard materials, 
Class 2.3 gases, Class 6.1 materials, and anhydrous ammonia.

SEC. 412. OVERSIGHT AND GRANT PROCEDURES.

    (a) Secretarial Oversight.--The Secretary of Transportation may use 
up to 0.5 percent of amounts made available to Amtrak for capital 
projects under this Act to enter into contracts for the review of 
proposed capital projects and related program management plans and to 
oversee construction of such projects.
    (b) Use of Funds.--The Secretary may use amounts available under 
subsection (a) to make contracts for safety, procurement, management, 
and financial compliance reviews and audits of a recipient of amounts 
under such subsection.
    (c) Procedures for Grant Award.--The Under Secretary of Homeland 
Security for Border Transportation Security shall prescribe procedures 
and schedules for the awarding of grants under this Act, including 
application and qualification procedures (including a requirement that 
the applicant have a security plan), and a record of decision on 
applicant eligibility. The procedures shall include the execution of a 
grant agreement between the grant recipient and the Under Secretary. 
The Under Secretary shall issue a final rule establishing the 
procedures not later than 90 days after the date of enactment of this 
Act.

SEC. 413. RAIL SECURITY RESEARCH AND DEVELOPMENT.

    (a) Establishment of Research and Development Program.--The Under 
Secretary of Homeland Security for Border and Transportation Security, 
in conjunction with the Secretary of Transportation, shall carry out a 
research and development program for the purpose of improving freight 
and intercity passenger rail security that may include research and 
development projects to--
            (1) reduce the vulnerability of passenger trains, stations, 
        and equipment to explosives and hazardous chemical, biological, 
        and radioactive substances;
            (2) test new emergency response techniques and 
        technologies;
            (3) develop improved freight technologies, including--
                    (A) technologies for sealing rail cars;
                    (B) automatic inspection of rail cars;
                    (C) communication-based train controls; and
                    (D) emergency response training;
            (4) test wayside detectors that can detect tampering with 
        railroad equipment;
            (5) support enhanced security for the transportation of 
        hazardous materials by rail, including--
                    (A) technologies to detect a breach in a tank car 
                and transmit information about the integrity of tank 
                cars to the train crew;
                    (B) research to improve tank car integrity, with a 
                focus on tank cars that carry high hazard materials (as 
                defined in section 411(g)); and
                    (C) techniques to transfer hazardous materials from 
                rail cars that are damaged or otherwise represent an 
                unreasonable risk to human life or public safety; and
            (6) other projects recommended in reports submitted under 
        section 402.
    (b) Coordination With Other Research Initiatives.--The Under 
Secretary of Homeland Security for Border and Transportation Security 
shall ensure that the research and development program authorized by 
this section is coordinated with other research and development 
initiatives at the Department of Homeland Security and the Department 
of Transportation. The Under Secretary of Homeland Security for Border 
and Transportation Security shall carry out any research and 
development project authorized by this section through a reimbursable 
agreement with the Secretary of Transportation if the Secretary of 
Transportation--
            (1) is already sponsoring a research and development 
        project in a similar area; or
            (2) has a unique facility or capability that would be 
        useful in carrying out the project.
    (c) Accountability.--The Under Secretary shall adopt necessary 
procedures, including audits, to ensure that grants made under this 
section are expended in accordance with the purposes of this Act and 
the priorities and other criteria developed by the Under Secretary.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Under Secretary of Homeland Security for Border and 
Transportation Security $50,000,000 in each of fiscal years 2006 and 
2007 to carry out this section. Amounts appropriated pursuant to this 
subsection shall remain available until expended.

SEC. 414. WELDED RAIL AND TANK CAR SAFETY IMPROVEMENTS.

    (a) Track Standards.--Not later than 90 days after the date of 
enactment of this Act, the Administrator of the Federal Railroad 
Administration shall--
            (1) require each track owner using continuous welded rail 
        track to include procedures (in its procedures filed with the 
        Administration pursuant to section 213.119 of title 49, Code of 
        Federal Regulations) to improve the identification of cracks in 
        rail joint bars;
            (2) instruct Administration track inspectors to obtain 
        copies of the most recent continuous welded rail programs of 
        each railroad within the inspectors' areas of responsibility 
        and require that inspectors use those programs when conducting 
        track inspections; and
            (3) establish a program to periodically review continuous 
        welded rail joint bar inspection data from railroads and 
        Administration track inspectors and, whenever the Administrator 
        determines that it is necessary or appropriate, require 
        railroads to increase the frequency or improve the methods of 
        inspection of joint bars in continuous welded rail.
    (b) Tank Car Standards.--The Administrator of the Federal Railroad 
Administration shall--
            (1) not later than 1 year after the date of enactment of 
        this Act, validate the predictive model it is developing to 
        quantify the relevant dynamic forces acting on railroad tank 
        cars under accident conditions; and
            (2) not later than 18 months after the date of enactment of 
        this Act, initiate a rulemaking to develop and implement 
        appropriate design standards for pressurized tank cars.
    (c) Older Tank Car Impact Resistance Analysis and Report.--Not 
later than 2 years after the date of enactment of this Act, the 
Administrator of the Federal Railroad Administration shall--
            (1) conduct a comprehensive analysis to determine the 
        impact resistance of the steels in the shells of pressure tank 
        cars constructed before 1989; and
            (2) submit to the Committee on Commerce, Science, and 
        Transportation of the Senate and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives a report with recommendations for measures to 
        eliminate or mitigate the risk of catastrophic failure.

SEC. 415. NORTHERN BORDER RAIL PASSENGER REPORT.

    Not later than 180 days after the date of enactment of this Act, 
the Under Secretary of Homeland Security for Border and Transportation 
Security, in consultation with the heads of other appropriate Federal 
departments and agencies and the National Railroad Passenger 
Corporation, shall submit to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Transportation and 
Infrastructure of the House of Representatives a report that contains--
            (1) a description of the current system for screening 
        passengers and baggage on passenger rail service between the 
        United States and Canada;
            (2) an assessment of the current program to provide 
        preclearance of airline passengers between the United States 
        and Canada as outlined in ``The Agreement on Air Transport 
        Preclearance between the Government of Canada and the 
        Government of the United States of America'', dated January 18, 
        2001;
            (3) an assessment of the current program to provide 
        preclearance of freight railroad traffic between the United 
        States and Canada as outlined in the ``Declaration of Principle 
        for the Improved Security of Rail Shipments by Canadian 
        National Railway and Canadian Pacific Railway from Canada to 
        the United States'', dated April 2, 2003;
            (4) information on progress by the Department of Homeland 
        Security and other Federal agencies towards finalizing a 
        bilateral protocol with Canada that would provide for 
        preclearance of passengers on trains operating between the 
        United States and Canada;
            (5) a description of legislative, regulatory, budgetary, or 
        policy barriers within the United States Government to 
        providing prescreened passenger lists for rail passengers 
        travelling between the United States and Canada to the 
        Department of Homeland Security;
            (6) a description of the position of the Government of 
        Canada and relevant Canadian agencies with respect to 
        preclearance of such passengers; and
            (7) a draft of any changes in existing Federal law 
        necessary to provide for prescreening of such passengers and 
        providing prescreened passenger lists to the Department of 
        Homeland Security.

SEC. 416. REPORT REGARDING IMPACT ON SECURITY OF TRAIN TRAVEL IN 
              COMMUNITIES WITHOUT GRADE SEPARATION.

    (a) Study.--The Secretary of Homeland Security shall, in 
consultation with State and local government officials, conduct a study 
on the impact of blocked highway-railroad grade crossings on the 
ability of emergency responders, including ambulances and police, fire, 
and other emergency vehicles, to perform public safety and security 
duties in the event of a terrorist attack.
    (b) Report.--Not later than 1 year after the date of enactment of 
this Act, the Secretary of Homeland Security shall submit to the 
Committee on Commerce, Science, and Transportation of the Senate and 
the Committee on Transportation and Infrastructure of the House of 
Representatives a report on the findings of the study conducted under 
subsection (a), including recommendations for reducing the impact of 
blocked crossings on emergency response.

SEC. 417. WHISTLEBLOWER PROTECTION PROGRAM.

    (a) In General.--Subchapter I of chapter 201 of title 49, United 
States Code, is amended by inserting after section 20115 the following 
new section:
``Sec. 20116. Whistleblower protection for rail security matters
    ``(a) Discrimination Against Employee.--No rail carrier engaged in 
interstate or foreign commerce may discharge a railroad employee or 
otherwise discriminate against a railroad employee because the employee 
(or any person acting pursuant to a request of the employee)--
            (1) provided, caused to be provided, or is about to provide 
        or cause to be provided, to the employer or the Federal 
        Government information relating to a perceived threat to 
        security;
            ``(2) provided, caused to be provided, or is about to 
        provide or cause to be provided, testimony before Congress or 
        at any Federal or State proceeding regarding a perceived threat 
        to security; or
            ``(3) refused to violate or assist in the violation of any 
        law, rule, or regulation related to rail security.
    ``(b) Dispute Resolution.--A dispute, grievance, or claim arising 
under this section is subject to resolution under section 3 of the 
Railway Labor Act (45 U.S.C. 153). In a proceeding by the National 
Railroad Adjustment Board, a division or delegate of the Board, or 
another board of adjustment established under such section to resolve 
the dispute, grievance, or claim, the proceeding shall be expedited and 
the dispute, grievance, or claim shall be resolved not later than 180 
days after it is filed. If the violation is a form of discrimination 
that does not involve discharge, suspension, or another action 
affecting pay, and no other remedy is available under this subsection, 
the Board, division, delegate, or other board of adjustment may award 
the employee reasonable damages, including punitive damages, of not 
more than $20,000.
    ``(c) Procedural Requirements.--Except as provided in subsection 
(b), the procedure set forth in section 42121(b)(2)(B) of this title, 
including the burdens of proof, applies to any complaint brought under 
this section.
    ``(d) Election of Remedies.--An employee of a railroad carrier may 
not seek protection under both this section and another provision of 
law for the same allegedly unlawful act of the carrier.
    ``(e) Disclosure of Identity.--
            ``(1) Except as provided in paragraph (2) of this 
        subsection, or with the written consent of the employee, the 
        Secretary of Transportation may not disclose the name of an 
        employee of a railroad carrier who has provided information 
        about an alleged violation of this section.
            ``(2) The Secretary shall disclose to the Attorney General 
        the name of an employee described in paragraph (1) of this 
        subsection if the matter is referred to the Attorney General 
        for enforcement.''.
    (b) Conforming Amendment.--The chapter analysis for chapter 201 of 
title 49, United States Code, is amended by inserting after the item 
relating to section 20115 the following:

``20116. Whistleblower protection for rail security matters.''.

                     TITLE V--PROTECTING TAXPAYERS

SEC. 501. REPORTS ON METRICS FOR MEASURING SUCCESS IN GLOBAL WAR ON 
              TERRORISM.

    (a) Requirement for Reports.--The Comptroller General of the United 
States shall submit to Congress reports on the metrics for use in 
tracking and measuring acts of global terrorism, international 
counterterrorism efforts, and the success of United States 
counterterrorism policies and practices including specific, replicable 
definitions, criteria, and standards of measurement to be used for the 
following:
                    (A) Counting and categorizing acts of international 
                terrorism.
                    (B) Monitoring counterterrorism efforts of foreign 
                governments.
                    (C) Monitoring financial support provided to 
                terrorist groups.
                    (D) Assessing the success of United States 
                counterterrorism policies and practices.
    (b) Schedule of Reports.--The Comptroller General shall submit to 
Congress an initial report under subsection (a) not later than 1 year 
after the date of enactment of this Act and a second report not later 
than 1 year after the date on which the initial report is submitted.

SEC. 502. PROHIBITION ON WAR PROFITEERING.

    (a) Findings.--Congress makes the following findings:
            (1) War profiteering, the overcharging of taxpayers for any 
        good or service with the specific intent to excessively profit 
        from a conflict or reconstruction situation, not only defrauds 
        taxpayers in the United States, but also threatens the safety 
        of United States troops in harms way by hindering 
        reconstruction progress, damaging the credibility of the United 
        States, and wasting resources that could be used for troop 
        protection.
            (2) Laws prohibiting fraud protect against waste of tax 
        dollars within the United States, but no current fraud statute 
        expressly prohibits waste of tax dollars resulting from war 
        profiteering during conflicts in foreign countries.
            (3) War profiteers have hindered United States efforts to 
        secure and reconstruct Iraq. In its third quarterly report, the 
        Coalition Provisional Authority Inspector General reported 
        that, as of October 12, 2004, it had received a total of 113 
        potential criminal cases.
            (4) In nine separate reports, the Defense Contract Audit 
        Agency, the Coalition Provisional Authority Inspector General, 
        and the Government Accountability Office have found widespread, 
        systematic abuses by the Halliburton Company and its 
        subsidiaries, including instances of overcharging worth tens of 
        millions of dollars, fraudulent accounting practices, and 
        kickbacks. Contracts awarded to Custer Battles, LLC, were 
        suspended by the Department of Defense after it uncovered 
        fraudulent billing practices including the establishment of 
        phantom off-shore corporations. Government investigators have 
        found contract irregularities, including lack of transparency 
        and poor accounting, in contracts awarded to other firms.
    (b) Prohibition of Profiteering.--
            (1) Prohibition.--
                    (A) In general.--Chapter 47 of title 18, United 
                States Code, is amended by adding at the end the 
                following new section:
``Sec. 1038. War profiteering and fraud relating to military action, 
              relief, and reconstruction efforts
    ``(a) Prohibition.--
            ``(1) In general.--Whoever, in any matter involving a 
        contract or the provision of goods or services, directly or 
        indirectly, in connection with the war, military action, or 
        relief or reconstruction activities, knowingly and willfully--
                    ``(A) executes or attempts to execute a scheme or 
                artifice to defraud the United States;
                    ``(B) falsifies, conceals, or covers up by any 
                trick, scheme, or device a material fact;
                    ``(C) makes any materially false, fictitious, or 
                fraudulent statements or representations, or makes or 
                uses any materially false writing or document knowing 
                the same to contain any materially false, fictitious, 
                or fraudulent statement or entry; or
                    ``(D) materially overvalues any good or service 
                with the specific intent to excessively profit from the 
                war, military action, or relief or reconstruction 
                activities;
        shall be fined under paragraph (2), imprisoned not more than 20 
        years, or both.
            ``(2) Fine.--A person convicted of an offense under 
        paragraph (1) may be fined the greater of--
                    ``(A) $1,000,000; or
                    ``(B) if such person derives profits or other 
                proceeds from the offense, not more than twice the 
                gross profits or other proceeds.
    ``(b) Extraterritorial Jurisdiction.--There is extraterritorial 
Federal jurisdiction over an offense under this section.
    ``(c) Venue.--A prosecution for an offense under this section may 
be brought--
            ``(1) as authorized by chapter 211 of this title;
            ``(2) in any district where any act in furtherance of the 
        offense took place; or
            ``(3) in any district where any party to the contract or 
        provider of goods or services is located.''.
            (2) Table of sections.--The table of sections for chapter 
        47 of title 18, United States Code, is amended by adding at the 
        end the following:

``1038. War profiteering and fraud relating to military action, relief, 
                            and reconstruction efforts.''.
    (c) Civil Forfeiture.--Section 981(a)(1)(C) of title 18, United 
States Code, is amended by inserting ``1038,'' after ``1032,''.
    (d) Criminal Forfeiture.--Section 982(a)(2)(B) of title 18, United 
States Code, is amended by striking ``or 1030'' and inserting ``1030, 
or 1038''.
    (e) Money Laundering.--Section 1956(c)(7)(D) of title 18, United 
States Code, is amended by inserting ``section 1038 (relating to war 
profiteering and fraud relating to military action, relief, and 
reconstruction efforts),'' after ``liquidating agent of financial 
institution),''.
    (f) Relationship to Existing Law.--This section shall not limit or 
repeal any additional authorities provided by law.
    (g) Effective Date of Amendments.--The amendments made by this 
section shall be effective during the 7-year period beginning on the 
date of enactment of this Act.
                                 <all>