H. R. 1—50 
access, use, and retention of information within the scope 
of the information sharing environment; and 
‘‘(O) incorporates continuous, real-time, and immutable 
audit capabilities, to the maximum extent practicable.’’; 
(3) in subsection (f)— 
(A) in paragraph (1)— 
(i) by striking ‘‘during the two-year period begin-
ning on the date of designation under this paragraph 
unless sooner removed from service and replaced’’ and 
inserting ‘‘until removed from service or replaced’’; and 
(ii) by striking ‘‘The program manager shall have 
and exercise governmentwide authority.’’ and inserting 
‘‘The program manager, in consultation with the head 
of any affected department or agency, shall have and 
exercise governmentwide authority over the sharing 
of information within the scope of the information 
sharing environment, including homeland security 
information, terrorism information, and weapons of 
mass destruction information, by all Federal depart-
ments, agencies, and components, irrespective of the 
Federal department, agency, or component in which 
the program manager may be administratively located, 
except as otherwise expressly provided by law.’’; and 
(B) in paragraph (2)(A)— 
(i) by redesignating clause (iii) as clause (v); and 
(ii) by striking clause (ii) and inserting the fol-
lowing: 
‘‘(ii) assist in the development of policies, as appro-
priate, to foster the development and proper operation 
of the ISE; 
‘‘(iii) consistent with the direction and policies 
issued by the President, the Director of National Intel-
ligence, and the Director of the Office of Management 
and Budget, issue governmentwide procedures, guide-
lines, instructions, and functional standards, as appro-
priate, for the management, development, and proper 
operation of the ISE; 
‘‘(iv) identify and resolve information sharing dis-
putes between Federal departments, agencies, and 
components; and’’; 
(4) in subsection (g)— 
(A) in paragraph (1), by striking ‘‘during the two-year 
period beginning on the date of the initial designation 
of the program manager by the President under subsection 
(f)(1), unless sooner removed from service and replaced’’ 
and inserting ‘‘until removed from service or replaced’’; 
(B) in paragraph (2)— 
(i) in subparagraph (F), by striking ‘‘and’’ at the 
end; 
(ii) by redesignating subparagraph (G) as subpara-
graph (I); and 
(iii) by inserting after subparagraph (F) the fol-
lowing: 
‘‘(G) assist the program manager in identifying and 
resolving information sharing disputes between Federal 
departments, agencies, and components;
H. R. 1—51 
‘‘(H) identify appropriate personnel for assignment to 
the program manager to support staffing needs identified 
by the program manager; and’’; 
(C) in paragraph (4), by inserting ‘‘(including any sub-
sidiary group of the Information Sharing Council)’’ before 
‘‘shall not be subject’’; and 
(D) by adding at the end the following: 
‘‘(5) DETAILEES.—Upon a request by the Director of 
National Intelligence, the departments and agencies rep-
resented on the Information Sharing Council shall detail to 
the program manager, on a reimbursable basis, appropriate 
personnel identified under paragraph (2)(H).’’; 
(5) in subsection (h)(1), by striking ‘‘and annually there-
after’’ and inserting ‘‘and not later than June 30 of each year 
thereafter’’; and 
(6) by striking subsection (j) and inserting the following: 
‘‘(j) REPORT ON THE INFORMATION SHARING ENVIRONMENT.— 
‘‘(1) IN GENERAL.—Not later than 180 days after the date 
of enactment of the Implementing Recommendations of the 
9/11 Commission Act of 2007, the President shall report to 
the Committee on Homeland Security and Governmental 
Affairs of the Senate, the Select Committee on Intelligence 
of the Senate, the Committee on Homeland Security of the 
House of Representatives, and the Permanent Select Committee 
on Intelligence of the House of Representatives on the feasibility 
of— 
‘‘(A) eliminating the use of any marking or process 
(including ‘Originator Control’) intended to, or having the 
effect of, restricting the sharing of information within the 
scope of the information sharing environment, including 
homeland security information, terrorism information, and 
weapons of mass destruction information, between and 
among participants in the information sharing environ-
ment, unless the President has— 
‘‘(i) specifically exempted categories of information 
from such elimination; and 
‘‘(ii) reported that exemption to the committees 
of Congress described in the matter preceding this 
subparagraph; and 
‘‘(B) continuing to use Federal agency standards in 
effect on such date of enactment for the collection, sharing, 
and access to information within the scope of the informa-
tion sharing environment, including homeland security 
information, terrorism information, and weapons of mass 
destruction information, relating to citizens and lawful 
permanent residents; 
‘‘(C) replacing the standards described in subparagraph 
(B) with a standard that would allow mission-based or 
threat-based permission to access or share information 
within the scope of the information sharing environment, 
including 
homeland 
security 
information, 
terrorism 
information, and weapons of mass destruction information, 
for a particular purpose that the Federal Government, 
through an appropriate process established in consultation 
with the Privacy and Civil Liberties Oversight Board estab-
lished under section 1061, has determined to be lawfully
H. R. 1—52 
permissible for a particular agency, component, or employee 
(commonly known as an ‘authorized use’ standard); and 
‘‘(D) the use of anonymized data by Federal depart-
ments, agencies, or components collecting, possessing, 
disseminating, or handling information within the scope 
of the information sharing environment, including home-
land security information, terrorism information, and 
weapons of mass destruction information, in any cases 
in which— 
‘‘(i) the use of such information is reasonably 
expected to produce results materially equivalent to 
the use of information that is transferred or stored 
in a non-anonymized form; and 
‘‘(ii) such use is consistent with any mission of 
that department, agency, or component (including any 
mission under a Federal statute or directive of the 
President) that involves the storage, retention, sharing, 
or exchange of personally identifiable information. 
‘‘(2) DEFINITION.—In this subsection, the term ‘anonymized 
data’ means data in which the individual to whom the data 
pertains is not identifiable with reasonable efforts, including 
information that has been encrypted or hidden through the 
use of other technology. 
‘‘(k) ADDITIONAL POSITIONS.—The program manager is author-
ized to hire not more than 40 full-time employees to assist the 
program manager in— 
‘‘(1) activities associated with the implementation of the 
information sharing environment, including— 
‘‘(A) implementing the requirements under subsection 
(b)(2); and 
‘‘(B) any additional implementation initiatives to 
enhance and expedite the creation of the information 
sharing environment; and 
‘‘(2) identifying and resolving information sharing disputes 
between Federal departments, agencies, and components under 
subsection (f)(2)(A)(iv). 
‘‘(l) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated to carry out this section $30,000,000 for each 
of fiscal years 2008 and 2009.’’. 
Subtitle B—Homeland Security 
Information Sharing Partnerships 
SEC. 511. DEPARTMENT OF HOMELAND SECURITY STATE, LOCAL, AND 
REGIONAL FUSION CENTER INITIATIVE. 
(a) IN GENERAL.—Subtitle A of title II of the Homeland Security 
Act of 2002 (6 U.S.C. 121 et seq.) is further amended by adding 
at the end the following: 
‘‘SEC. 210A. DEPARTMENT OF HOMELAND SECURITY STATE, LOCAL, 
AND REGIONAL FUSION CENTER INITIATIVE. 
‘‘(a) ESTABLISHMENT.—The Secretary, in consultation with the 
program manager of the information sharing environment estab-
lished under section 1016 of the Intelligence Reform and Terrorism 
Prevention Act of 2004 (6 U.S.C. 485), the Attorney General, the 
Privacy Officer of the Department, the Officer for Civil Rights
H. R. 1—53 
and Civil Liberties of the Department, and the Privacy and Civil 
Liberties Oversight Board established under section 1061 of the 
Intelligence Reform and Terrorism Prevention Act of 2004 (5 U.S.C. 
601 note), shall establish a Department of Homeland Security State, 
Local, and Regional Fusion Center Initiative to establish partner-
ships with State, local, and regional fusion centers. 
‘‘(b) DEPARTMENT SUPPORT AND COORDINATION.—Through the 
Department of Homeland Security State, Local, and Regional Fusion 
Center Initiative, and in coordination with the principal officials 
of participating State, local, or regional fusion centers and the 
officers designated as the Homeland Security Advisors of the States, 
the Secretary shall— 
‘‘(1) provide operational and intelligence advice and assist-
ance to State, local, and regional fusion centers; 
‘‘(2) support efforts to include State, local, and regional 
fusion centers into efforts to establish an information sharing 
environment; 
‘‘(3) conduct tabletop and live training exercises to regularly 
assess the capability of individual and regional networks of 
State, local, and regional fusion centers to integrate the efforts 
of such networks with the efforts of the Department; 
‘‘(4) coordinate with other relevant Federal entities engaged 
in homeland security-related activities; 
‘‘(5) provide analytic and reporting advice and assistance 
to State, local, and regional fusion centers; 
‘‘(6) review information within the scope of the information 
sharing environment, including homeland security information, 
terrorism information, and weapons of mass destruction 
information, that is gathered by State, local, and regional fusion 
centers, and to incorporate such information, as appropriate, 
into the Department’s own such information; 
‘‘(7) provide management assistance to State, local, and 
regional fusion centers; 
‘‘(8) serve as a point of contact to ensure the dissemination 
of information within the scope of the information sharing 
environment, including homeland security information, ter-
rorism information, and weapons of mass destruction informa-
tion; 
‘‘(9) facilitate close communication and coordination 
between State, local, and regional fusion centers and the 
Department; 
‘‘(10) provide State, local, and regional fusion centers with 
expertise on Department resources and operations; 
‘‘(11) provide training to State, local, and regional fusion 
centers and encourage such fusion centers to participate in 
terrorism threat-related exercises conducted by the Depart-
ment; and 
‘‘(12) carry out such other duties as the Secretary deter-
mines are appropriate. 
‘‘(c) PERSONNEL ASSIGNMENT.— 
‘‘(1) IN
GENERAL.—The Under Secretary for Intelligence 
and Analysis shall, to the maximum extent practicable, assign 
officers and intelligence analysts from components of the 
Department to participating State, local, and regional fusion 
centers. 
‘‘(2) 
PERSONNEL
SOURCES.—Officers 
and 
intelligence 
analysts assigned to participating fusion centers under this
H. R. 1—54 
subsection may be assigned from the following Department 
components, in coordination with the respective component 
head and in consultation with the principal officials of partici-
pating fusion centers: 
‘‘(A) Office of Intelligence and Analysis. 
‘‘(B) Office of Infrastructure Protection. 
‘‘(C) Transportation Security Administration. 
‘‘(D) United States Customs and Border Protection. 
‘‘(E) United States Immigration and Customs Enforce-
ment. 
‘‘(F) United States Coast Guard. 
‘‘(G) Other components of the Department, as deter-
mined by the Secretary. 
‘‘(3) QUALIFYING CRITERIA.— 
‘‘(A) IN GENERAL.—The Secretary shall develop quali-
fying criteria for a fusion center to participate in the 
assigning of Department officers or intelligence analysts 
under this section. 
‘‘(B) CRITERIA.—Any criteria developed under subpara-
graph (A) may include— 
‘‘(i) whether the fusion center, through its mission 
and 
governance 
structure, 
focuses 
on 
a 
broad 
counterterrorism approach, and whether that broad 
approach is pervasive through all levels of the 
organization; 
‘‘(ii) whether the fusion center has sufficient num-
bers of adequately trained personnel to support a broad 
counterterrorism mission; 
‘‘(iii) whether the fusion center has— 
‘‘(I) access to relevant law enforcement, emer-
gency response, private sector, open source, and 
national security data; and 
‘‘(II) the ability to share and analytically uti-
lize that data for lawful purposes; 
‘‘(iv) whether the fusion center is adequately 
funded by the State, local, or regional government 
to support its counterterrorism mission; and 
‘‘(v) the relevancy of the mission of the fusion 
center to the particular source component of Depart-
ment officers or intelligence analysts. 
‘‘(4) PREREQUISITE.— 
‘‘(A) INTELLIGENCE ANALYSIS, PRIVACY, AND CIVIL LIB-
ERTIES TRAINING.—Before being assigned to a fusion center 
under this section, an officer or intelligence analyst shall 
undergo— 
‘‘(i) appropriate intelligence analysis or information 
sharing training using an intelligence-led policing cur-
riculum that is consistent with— 
‘‘(I) standard training and education programs 
offered to Department law enforcement and intel-
ligence personnel; and 
‘‘(II) the Criminal Intelligence Systems Oper-
ating Policies under part 23 of title 28, Code of 
Federal Regulations (or any corresponding similar 
rule or regulation);