fiscal years, including justifications for such 
amounts. 
‘‘(l) GENERAL REGULATORY AUTHORITY.—The Sec-
retary, in consultation with the Attorney General, may 
promulgate regulations and guidelines to carry out this 
section. 
‘‘(m) DEFINITIONS.—For the purposes of this sec-
tion: 
‘‘(1) The term ‘local law enforcement agency or 
department’ means a local municipal police depart-
ment or a county sheriff’s office in communities 
where there is no police department. 
‘‘(2) The term ‘tribal law enforcement agency 
or department’ means the police force of an Indian 
tribe (as such term is defined in section 4 of the In-
dian Self-Determination and Education Assistance 
Act (25 U.S.C. 450b)) established and maintained 
by such a tribe pursuant to the tribe’s powers of 
self-government to carry out law enforcement.’’. 
(b) DEFINITION OF FUSION CENTER.—Section 2 of 
such Act is amended by adding at the end the following 
new paragraph: 
‘‘(17) The terms ‘State, local, or regional fusion 
center’ and ‘fusion center’ mean a State intelligence 
center or a regional intelligence center that is the
product of a collaborative effort of at least two 
qualifying agencies that provide resources, expertise, 
or information to such center with the goal of maxi-
mizing the ability of such intelligence center and the 
qualifying agencies participating in such intelligence 
center to provide and produce homeland security in-
formation required to detect, prevent, apprehend, 
and respond to terrorist and criminal activity. For 
purposes of the preceding sentence, qualifying agen-
cies include—
‘‘(A) State, local, and tribal law enforce-
ment authorities, and homeland and public 
safety agencies; 
‘‘(B) State, local, and tribal entities re-
sponsible for the protection of public health and 
infrastructure; 
‘‘(C) private sector owners of critical infra-
structure, as defined in section 1016(e) of the 
Uniting and Strengthening America by Pro-
viding Appropriate Tools Required to Intercept 
and Obstruct Terrorism (USA PATRIOT ACT) 
Act of 2001 (42 U.S.C. 5195c(e)); 
‘‘(D) Federal law enforcement and home-
land security entities; and
‘‘(E) other appropriate entities specified by 
the Secretary.’’. 
(c) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of such Act is amended by inserting after 
the item relating to section 202 the following:
‘‘Sec. 203. FLEET Grant Program.’’.
Subtitle B—Border Intelligence 
Fusion Center Program 
SEC. 711. FINDINGS. 
Congress finds the following: 
(1) The United States has 216 airports, 143 
seaports, and 115 official land border crossings that 
are official ports of entry. Screening all the people 
and goods coming through these busy ports is an 
enormous resource challenge for the men and women 
of the Department of Homeland Security (‘‘Depart-
ment’’) . 
(2) Department personnel, including personnel 
from the Bureau of Customs and Border Protection 
(‘‘CBP’’) and U.S. Immigration and Customs En-
forcement (‘‘ICE’’), cannot be everywhere at all 
times to ensure that terrorists, weapons of mass de-
struction, and other related contraband are not 
being smuggled across the border in order to sup-
port attacks against the United States.
(3) State, local, and tribal law enforcement per-
sonnel are uniquely situated to help secure the bor-
der areas in their respective jurisdictions by serving 
as ‘‘force multipliers’’. To do so, however, law en-
forcement officers need access to available border in-
telligence developed by the Department. Such access 
shall help State, local, and tribal law enforcement 
personnel deploy their resources most effectively to 
detect and interdict terrorists, weapons of mass de-
struction, and related contraband at United States 
borders. 
(4) The Department has not yet developed a 
single, easily accessible, and widely available system 
to consistently share border intelligence and other 
information with its State, local, and tribal law en-
forcement partners. It likewise has failed to establish 
a process by which State, local, and tribal law en-
forcement personnel can consistently share with the 
Department information that they obtain that is rel-
evant to border security. 
(5) As a result, State, local, and tribal law en-
forcement personnel serving jurisdictions along the 
northern and southern borders typically depend 
upon personal relationships with CBP and ICE per-
sonnel in their respective jurisdictions to get the in-
formation they need. While personal relationships 
have helped in some locales, they have not in others. 
This has led to an inconsistent sharing of border in-
telligence from jurisdiction to jurisdiction. 
(6) State, local, and regional fusion centers 
(‘‘fusion centers’’) may help improve this situation. 
(7) In the wake of the terrorist attacks of Sep-
tember 11, 2001, numerous State, local, and tribal 
authorities responsible for the protection of the pub-
lic and critical infrastructure established fusion cen-
ters to help prevent terrorist attacks while at the 
same time preparing to respond to and recover from 
a terrorist attack should one occur. 
(8) Most border States have some variation of 
a fusion center. 
(9) In general, while the Federal Government 
has helped to establish fusion centers through the 
Department’s grants, a substantial percentage of the 
financial burden to support ongoing fusion center 
operations is borne by States and localities. 
(10) The Department, and in particular, the 
Department’s Office of Intelligence and Analysis, 
has undertaken a program through which it sends 
such office’s personnel to fusion centers to establish 
a Department presence at those centers. In so doing,
the hope is that such personnel will serve as a point 
of contact for information being shared at fusion 
centers by State, local, and tribal law enforcement 
personnel. Personnel at fusion centers hopefully will 
also act as a channel for information being shared 
by the Department itself. 
(11) Border State, local, and tribal law enforce-
ment officers anticipate that fusion centers will be a 
critical source of border intelligence from the De-
partment. While the Department’s border intel-
ligence products generated in the District of Colum-
bia and disseminated to fusion centers will undoubt-
edly be helpful, a far richer source of border intel-
ligence will likely come from CBP and ICE per-
sonnel working locally in border jurisdictions them-
selves. 
(12) Establishing a CBP and ICE presence at 
border State fusion centers will help ensure the most 
consistent, timely, and relevant flow of border intel-
ligence to and from the Department and State, local, 
and tribal law enforcement in border communities. 
Border State fusion centers thus could serve as a 
tool to build upon the personal relationships and in-
formation sharing that exists in some, but not all,
jurisdictions between CBP, ICE, and State, local, 
and tribal law enforcement. 
SEC. 712. ESTABLISHMENT OF BORDER INTELLIGENCE FU-
SION CENTER PROGRAM. 
(a) IN GENERAL.—Subtitle A of title II of the Home-
land Security Act of 2002 (6 U.S.C. 121 et seq.) is further 
amended by adding at the end the following new section: 
‘‘SEC. 204. BORDER INTELLIGENCE FUSION CENTER PRO-
GRAM. 
‘‘(a) ESTABLISHMENT.—
‘‘(1) IN GENERAL.—There is established in the 
Department the Border Intelligence Fusion Center 
Program, to be administered by the Under Secretary 
for Intelligence and Analysis, for the purpose of sta-
tioning Bureau of Customs and Border Protection 
and U.S. Immigration and Customs Enforcement of-
ficers or intelligence analysts in the fusion centers of 
participating border States. 
‘‘(2) NEW HIRES.—Funding provided under the 
Border Intelligence Fusion Center Program shall be 
available to hire new CBP and ICE officers or intel-
ligence analysts to replace CBP and ICE officers or 
intelligence analysts who are stationed at border 
State fusion centers under this section. 
‘‘(b) PARTICIPATION.—
‘‘(1) IN GENERAL.—The Secretary may develop 
qualifying criteria for a border state fusion center’s 
participation in the Border Intelligence Fusion Cen-
ter Program. 
‘‘(2) CRITERIA.—Such criteria may include the 
following: 
‘‘(A) Whether the center focuses on a 
broad counterterrorism and counter-criminal 
approach, and whether that broad approach is 
pervasive through all levels of the organization. 
‘‘(B) Whether the center has sufficient 
numbers of adequately trained personnel to 
support a broad counterterrorism and counter-
criminal mission. 
‘‘(C) Whether the center has access to rel-
evant law enforcement, private sector, open 
source, and national security data, as well as 
the ability to share and analytically exploit such 
data for actionable ends in accordance with all 
applicable laws and regulations. 
‘‘(D) The entity or entities providing finan-
cial support for the center’s funding. 
‘‘(E) Whether the center’s leadership is 
committed to the fusion center’s mission, and 
how the leadership sees the center’s role in ter-
rorism prevention, mitigation, response, and re-
covery. 
‘‘(c) ASSIGNMENT.—Wherever possible, not fewer 
than one CBP officer or intelligence analyst and one ICE 
officer or intelligence analyst shall be stationed at each 
participating border State fusion center. 
‘‘(d) PREREQUISITE.—
‘‘(1) PRIOR WORK EXPERIENCE IN AREA.—To 
be stationed at a border State fusion center under 
this section, a CBP or ICE officer shall have served 
as a CBP or ICE officer in the State in which the 
fusion center where such officer shall be stationed is 
located for not less than two years before such as-
signment in order to ensure that such officer is fa-
miliar with the geography and people living in bor-
der communities, as well as the State, local, and 
tribal law enforcement agencies serving those com-
munities. 
‘‘(2) INTELLIGENCE ANALYSIS, PRIVACY, AND 
CIVIL LIBERTIES TRAINING.—Before being stationed 
at a border State fusion center under this section, 
a CBP or ICE officer shall undergo—
‘‘(A) 
appropriate 
intelligence 
analysis 
training via an intelligence-led policing cur-
riculum that is consistent with the standards
100
and recommendations of the National Criminal 
Intelligence Sharing Plan, the Department of 
Justice and Department Fusion Center Guide-
lines, title 28, part 23, Code of Federal Regula-
tions, as well as any other training prescribed 
by the Under Secretary for Intelligence and 
Analysis; and 
‘‘(B) appropriate privacy and civil liberties 
training that is developed, supported, or spon-
sored by the Privacy Officer and the Officer for 
Civil Rights and Civil Liberties in partnership 
with the Privacy and Civil Liberties Oversight 
Board. 
‘‘(3) EXPEDITED SECURITY CLEARANCE PROC-
ESSING.—The Under Secretary for Intelligence and 
Analysis shall ensure that security clearance proc-
essing is expedited for each CBP and ICE officer or 
intelligence analyst stationed at border State fusion 
centers under this section and shall ensure that such 
officer or analyst has the appropriate clearance to 
conduct the work of the Border Intelligence Fusion 
Center Program. 
‘‘(4) FURTHER
QUALIFICATIONS.—Each CBP 
and ICE officer or intelligence analyst stationed at 
a border State fusion center under this section shall
101
satisfy any other qualifications the Under Secretary 
for Intelligence and Analysis may prescribe. 
‘‘(e) RESPONSIBILITIES.—
‘‘(1) IN GENERAL.—
‘‘(A) CREATION
AND
DISSEMINATION
OF 
BORDER INTELLIGENCE PRODUCTS.—CBP and 
ICE officers and intelligence analysts assigned 
to border State fusion centers under this sec-
tion will help State, local, and tribal law en-
forcement in jurisdictions along the northern 
and southern borders, and border State fusion 
center staff, overlay threat and suspicious activ-
ity with Federal homeland security information 
in order to develop a more comprehensive and 
accurate threat picture. Such CBP and ICE of-
ficers and intelligence analysts accordingly shall 
have as their primary mission the review of bor-
der security-relevant information from State, 
local, and tribal law enforcement sources, and 
the creation of border intelligence products de-
rived from such information and other border-
security relevant information provided by the 
Department, and the dissemination of such 
products to border State, local, and tribal law 
enforcement. CBP and ICE officers or intel-
102
ligence analysts assigned to border State fusion 
centers under this section shall also provide 
such products to the Office of Intelligence and 
Analysis of the Department for collection and 
dissemination to other fusion centers in other 
border States. 
‘‘(B) DATABASE ACCESS.—In order to ful-
fill the objectives described in subparagraph 
(A), CBP and ICE officers and intelligence an-
alysts stationed at border State fusion centers 
under this section shall have direct access to all 
relevant databases at their respective agencies. 
‘‘(C) 
CUSTOMER
SATISFACTION
SUR-
VEYS.—The Secretary shall create a mechanism 
for State, local, and tribal law enforcement offi-
cers who are consumers of the intelligence prod-
ucts described in subparagraph (A) to fill out 
an electronic customer satisfaction survey when-
ever they access such a product. The results of 
these voluntary surveys should be provided elec-
tronically to appropriate personnel of the De-
partment. The results of these customer satis-
faction surveys should also be included in an 
appropriate format in the annual status reports 
described in subsection (h)(2)(A).
103
‘‘(2) CULTIVATION OF RELATIONSHIPS.—CBP 
and ICE officers and intelligence analysts stationed 
at border State fusion centers under this section 
shall actively cultivate relationships with State, local, 
and tribal law enforcement personnel in border com-
munities in order to satisfy the mission described in 
paragraph (1), and shall make similar outreach to 
Canadian and Mexican law enforcement authorities 
serving neighboring communities across the northern 
and southern borders. CBP and ICE officers and in-
telligence analysts stationed at border State fusion 
centers under this section may also serve as a con-
duit of border intelligence products from the Depart-
ment itself and shall ensure that such products are 
provided to all appropriate law enforcement agen-
cies, departments, and offices in border States. 
‘‘(f) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to require a border State fusion 
center to participate in the Border Intelligence Fusion 
Center Program. 
‘‘(g) REPORTS.—
‘‘(1) 
DEVELOPMENT
OF
IMPLEMENTATION 
PLAN.—
‘‘(A) IN
GENERAL.—Not later than 90 
days after the date of the enactment of the Im-
104
plementing the 9/11 Commission Recommenda-
tions Act of 2007, the Secretary shall develop 
a Border Intelligence Fusion Center Program 
implementation plan and submit to the appro-
priate congressional committees a copy of such 
plan. In developing such plan, the Secretary 
shall consult with State, local, and tribal au-
thorities responsible for border State fusion 
centers. 
‘‘(B) 
CONTENTS.—The 
implementation 
plan should also address the following elements 
for effective program assessment: 
‘‘(i) A clear articulation of the pur-
poses, goals, and specific objectives for 
which the program is being developed. 
‘‘(ii) An identification of program 
stakeholders and an assessment of their in-
terests in and expectations of the program. 
‘‘(iii) A developed set of quantitative 
metrics to measure, to the extent possible, 
program output. 
‘‘(iv) A developed set of qualitative in-
struments (e.g., surveys and expert inter-
views) to assess the extent to which stake-
105
holders believe their needs and expecta-
tions are being met. 
‘‘(2) STATUS REPORTS AND CONTINUATION AS-
SESSMENT.—
‘‘(A) STATUS REPORTS.—
‘‘(i) IN
GENERAL.—The Secretary 
shall submit to the appropriate congres-
sional committees status reports on the 
Border Intelligence Fusion Center Pro-
gram. The reports shall address the ele-
ments described in paragraph (1)(B). The 
reports shall also include the following: 
‘‘(I) A description of the training 
programs in place for CBP and ICE 
officers and intelligence analysts par-
ticipating in the program. 
‘‘(II) A listing of the border 
State fusion centers where CBP and 
ICE officers and intelligence analysts 
are deployed. 
‘‘(III) A representative survey of 
State, local, and tribal law enforce-
ment officers serving border jurisdic-
tions regarding the specificity and ac-
tionable nature of the border intel-
106
ligence provided by CBP and ICE of-
ficers at such fusion centers. 
‘‘(IV) A description of the results 
of the customer satisfaction surveys 
submitted by users of the products de-
scribed in subsection (e)(1). 
‘‘(ii) 
DEADLINES.—Status 
reports 
under clause (i) shall be submitted not 
later than—
‘‘(I) one year after the date of 
the enactment of the Implementing 
the 9/11 Commission Recommenda-
tions Act of 2007; and 
‘‘(II) three and five years after 
the date on which the Border Intel-
ligence Fusion Center Program is es-
tablished. 
‘‘(B) CONTINUATION
ASSESSMENT.—Not 
later than the end of the fifth year following the 
date on which the Border Intelligence Fusion 
Center Program is established, the Secretary 
shall submit to the appropriate congressional 
committees a Border Intelligence Fusion Center 
Program Continuation Assessment. The con-
107
tinuation assessment shall accomplish the fol-
lowing: 
‘‘(i) Recommend whether the program 
should continue in its present or some al-
tered form or not. 
‘‘(ii) Provide the reasons for that rec-
ommendation. 
‘‘(iii) If the recommendation is that 
the program should continue, list and de-
scribe legislative priorities for Congress re-
garding the continuation of the program, 
and provide recommended appropriations 
amounts and justifications for them. 
‘‘(h) DEFINITION OF BORDER STATE FUSION CEN-
TER.—The term ‘border State fusion center’ means a fu-
sion center located in the State of Washington, Idaho, 
Montana, North Dakota, Minnesota, Wisconsin, Michigan, 
Ohio, Pennsylvania, New York, Vermont, New Hampshire, 
Maine, California, Arizona, New Mexico, or Texas.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of such Act is amended by inserting after 
the item relating to section 203 the following:
‘‘Sec. 204. Border Intelligence Fusion Center Program.’’.
108
Subtitle C—Homeland Security 
Information Sharing Enhancement 
SEC. 721. SHORT TITLE. 
This subtitle may be cited as the ‘‘Homeland Security 
Information Sharing Enhancement Act of 2007’’. 
SEC. 722. HOMELAND SECURITY ADVISORY SYSTEM. 
(a) IN GENERAL.—Subtitle A of title II of the Home-
land Security Act of 2002 (6 U.S.C. 121 et seq.) is amend-
ed by adding at the end the following: 
‘‘SEC. 205. HOMELAND SECURITY ADVISORY SYSTEM. 
‘‘(a) REQUIREMENT.—The Under Secretary for Intel-
ligence and Analysis shall implement a Homeland Security 
Advisory System in accordance with this section to provide 
public advisories and alerts regarding threats to homeland 
security, including national, regional, local, and economic 
sector advisories and alerts, as appropriate. 
‘‘(b) REQUIRED ELEMENTS.—The Under Secretary, 
under the System—
‘‘(1) shall include, in each advisory and alert re-
garding a threat, information on appropriate protec-
tive measures and countermeasures that may be 
taken in response to the threat; 
‘‘(2) shall, whenever possible, limit the scope of 
each advisory and alert to a specific region, locality, 
or economic sector believed to be at risk; and
109
‘‘(3) shall not, in issuing any advisory or alert, 
use color designations as the exclusive means of 
specifying the homeland security threat conditions 
that are the subject of the advisory or alert.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of such Act is amended by adding at the 
end of the items relating to subtitle A of title II the fol-
lowing:
‘‘Sec. 205. Homeland Security Advisory System.’’.
SEC. 723. HOMELAND SECURITY INFORMATION SHARING. 
(a) IN GENERAL.—Subtitle A of title II of the Home-
land Security Act of 2002 (6 U.S.C. 121 et seq.) is further 
amended by adding at the end the following: 
‘‘SEC. 206. HOMELAND SECURITY INFORMATION SHARING. 
‘‘(a) INFORMATION SHARING ENVIRONMENT.—Con-
sistent with section 1016 of the National Intelligence Re-
form and Terrorism Prevention Act of 2004 (6 U.S.C. 
485) and in accordance with all other applicable laws and 
regulations, the Secretary shall integrate and standardize 
the information of the intelligence components of the De-
partment into a Department information sharing environ-
ment, to be administered by the Under Secretary for Intel-
ligence and Analysis. 
‘‘(b) INFORMATION
SHARING
AND
KNOWLEDGE 
MANAGEMENT OFFICERS.—For each intelligence compo-
nent of the Department, the Secretary shall designate an
110
information sharing and knowledge management officer 
who shall report to the Under Secretary for Intelligence 
and Analysis with respect to coordinating the different 
systems used in the Department to gather and disseminate 
homeland security information. 
‘‘(c) STATE, LOCAL, AND PRIVATE-SECTOR SOURCES 
OF INFORMATION.—
‘‘(1) ESTABLISHMENT
OF
BUSINESS
PROC-
ESSES.—The Under Secretary for Intelligence and 
Analysis shall establish Department-wide procedures 
for the review and analysis of information gathered 
from State, local, tribal, and private-sector sources 
and, as appropriate, integrate such information into 
the information gathered by the Department and 
other department and agencies of the Federal Gov-
ernment. 
‘‘(2) FEEDBACK.—The Secretary shall develop 
mechanisms to provide analytical and operational 
feedback to any State, local, tribal, and private-sec-
tor entities that gather information and provide such 
information to the Secretary. 
‘‘(d) TRAINING AND EVALUATION OF EMPLOYEES.—
‘‘(1) TRAINING.—The Under Secretary shall 
provide to employees of the Department opportuni-
ties for training and education to develop an under-
111
standing of the definition of homeland security infor-
mation, how information available to them as part of 
their duties might qualify as homeland security in-
formation, and how information available to them is 
relevant to the Office of Intelligence and Analysis. 
‘‘(2) EVALUATIONS.—The Under Secretary 
shall, on an ongoing basis, evaluate how employees 
of the Office of Intelligence and Analysis and the in-
telligence components of the Department are uti-
lizing homeland security information and partici-
pating in the Department information sharing envi-
ronment.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of such Act is further amended by adding 
at the end of the items relating to such subtitle the fol-
lowing:
‘‘Sec. 206. Homeland security information sharing.’’.
(c) ESTABLISHMENT OF COMPREHENSIVE INFORMA-
TION TECHNOLOGY NETWORK ARCHITECTURE.—
(1) 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 new section:
112
‘‘SEC. 207. COMPREHENSIVE INFORMATION TECHNOLOGY 
NETWORK ARCHITECTURE. 
‘‘(a) 
ESTABLISHMENT.—The 
Secretary, 
acting 
through the Chief Intelligence Officer, shall establish a 
comprehensive information technology network architec-
ture for the Office of Intelligence and Analysis. 
‘‘(b) NETWORK MODEL.—The comprehensive infor-
mation technology network architecture established under 
subsection (a) shall, to the extent possible, incorporate the 
approaches, features, and functions of the network pro-
posed by the Markle Foundation in reports issued in Octo-
ber 2002 and December 2003, known as the System-wide 
Homeland Security Analysis and Resource Exchange 
(SHARE) Network. 
‘‘(c) COMPREHENSIVE INFORMATION TECHNOLOGY 
NETWORK ARCHITECTURE DEFINED.—the term ‘com-
prehensive information technology network architecture’ 
means an integrated framework for evolving or maintain-
ing existing information technology and acquiring new in-
formation technology to achieve the strategic goals and in-
formation resources management goals of the Office of In-
telligence and Analysis.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents in section 1(b) of such Act is further amended
113
by adding at the end of the items relating to such 
subtitle the following:
‘‘Sec. 207. Comprehensive information technology network architecture.’’.
(3) REPORTS.—
(A) REPORT
ON
IMPLEMENTATION
OF 
PLAN.—Not later than 360 days after the date 
of the enactment of this Act, the Secretary of 
Homeland Security shall submit to the Com-
mittee on Homeland Security and Govern-
mental Affairs of the Senate and the Committee 
on Homeland Security of the House of Rep-
resentatives a report containing a plan to imple-
ment the comprehensive information technology 
network architecture for the Office of Intel-
ligence and Analysis of the Department of 
Homeland Security required under section 205 
of the Homeland Security Act of 2002, as 
added by paragraph (1). Such report shall in-
clude the following: 
(i) Priorities for the development of 
the comprehensive information technology 
network architecture and a rationale for 
such priorities. 
(ii) An explanation of how the various 
components of the comprehensive informa-
114
tion technology network architecture will 
work together and interconnect. 
(iii) A description of the technology 
challenges that the Office of Intelligence 
and Analysis will face in implementing the 
comprehensive information technology net-
work architecture. 
(iv) A description of technology op-
tions that are available or are in develop-
ment that may be incorporated into the 
comprehensive technology network archi-
tecture, the feasibility of incorporating 
such options, and the advantages and dis-
advantages of doing so. 
(v) An explanation of any security 
protections to be developed as part of the 
comprehensive information technology net-
work architecture. 
(vi) A description of any safeguards 
for civil liberties and privacy to be built 
into the comprehensive information tech-
nology network architecture. 
(vii) An operational best practices 
plan.
115
(B) PROGRESS REPORT.—Not later than 
180 days after the date on which the report is 
submitted under subparagraph (A), the Sec-
retary of Homeland Security shall submit to the 
Committee on Homeland Security and Govern-
mental Affairs of the Senate and the Committee 
on Homeland Security of the House of Rep-
resentatives a report on the progress of the Sec-
retary in developing the comprehensive informa-
tion technology network architecture required 
under section 205 of the Homeland Security 
Act of 2002, as added by paragraph (1). 
(d) INTELLIGENCE COMPONENT DEFINED.—Section 
2 of the Homeland Security Act of 2002 (6 U.S.C. 101) 
is further amended by adding at the end the following new 
paragraph: 
‘‘(18) The term ‘intelligence component of the 
Department’ means any directorate, agency, or ele-
ment of the Department that gathers, receives, ana-
lyzes, produces, or disseminates homeland security 
information except—
‘‘(A) a directorate, agency, or element of 
the Department that is required to be main-
tained as a distinct entity under this Act; or
116
‘‘(B) any personnel security, physical secu-
rity, document security, or communications se-
curity program within any directorate, agency, 
or element of the Department.’’. 
Subtitle D—Homeland Security 
Information Sharing Partnerships 
SEC. 731. SHORT TITLE. 
This subtitle may be cited as the ‘‘Homeland Security 
Information Sharing Partnerships Act of 2007’’. 
SEC. 732. STATE, LOCAL, AND REGIONAL INFORMATION FU-
SION CENTER INITIATIVE. 
(a) IN GENERAL.—Subtitle A of title II of the Home-
land Security Act of 2002 (6 U.S.C. 121 et seq.) is further 
is amended by adding at the end the following: 
‘‘SEC. 208. STATE, LOCAL, AND REGIONAL FUSION CENTER 
INITIATIVE. 
‘‘(a) ESTABLISHMENT.—The Secretary shall estab-
lish a State, Local, and Regional Fusion Center Initiative 
to establish partnerships with State, local, and regional 
fusion centers. 
‘‘(b) DUTIES.—Through the State, Local, and Re-
gional Fusion Center Initiative, the Secretary shall—
‘‘(1) coordinate with the principal official of 
each State, local, or regional fusion center and the
117
official designated as the Homeland Security Advisor 
of the State; 
‘‘(2) provide Department operational and intel-
ligence advice and assistance to State, local, and re-
gional fusion centers; 
‘‘(3) support efforts to include State, local, and 
regional fusion centers into efforts to establish an 
information sharing environment (as defined under 
section 1016(a)(2) of the Intelligence Reform and 
Terrorism Prevention Act of 2004 (6 U.S.C. 
485(a)(2))) in accordance with all applicable laws 
and regulations; 
‘‘(4) conduct table-top and live training exer-
cises to regularly assess the capability of individual 
and regional networks of State, local, and regional 
fusion centers to integrate the efforts of such net-
works with the efforts of the Department; 
‘‘(5) coordinate with other relevant Federal en-
tities engaged in homeland security-related activities; 
‘‘(6) provide analytic and reporting advice and 
assistance to State, local, and regional fusion cen-
ters; 
‘‘(7) review homeland security information 
gathered by State, local, and regional fusion centers
118
and incorporate relevant information with homeland 
security information of the Department; 
‘‘(8) provide management assistance to State, 
local, and regional fusion centers; 
‘‘(9) serve as a point of contact to ensure the 
dissemination of relevant homeland security informa-
tion. 
‘‘(10) facilitate close communication and coordi-
nation between State, local, and regional fusion cen-
ters and the Department; 
‘‘(11) provide State, local, and regional fusion 
centers with expertise on Department resources and 
operations; 
‘‘(12) provide training to State, local, and re-
gional fusion centers and encourage such fusion cen-
ters to participate in terrorist threat-related exer-
cises conducted by the Department; and 
‘‘(13) carry out such other duties as the Sec-
retary determines are appropriate.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of such Act is further amended by adding 
at the end of the items relating to such subtitle the fol-
lowing:
‘‘Sec. 208. State, Local, and Regional Information Fusion Center Initiative.’’.
(c) REPORTS.—
119
(1) CONCEPT OF OPERATIONS.—Not later than 
90 days after the date of the enactment of this Act 
and before the State, Local, and Regional Fusion 
Center Initiative under section 208 of the Homeland 
Security Act of 2002, as added by subsection (a), 
has been implemented, the Secretary shall submit to 
the Committee on Homeland Security and Govern-
mental Affairs of the Senate and the Committee on 
Homeland Security of the House of Representatives 
a report that contains a concept of operations for 
the Initiative, which shall include a privacy and civil 
liberties impact assessment. 
(2) PRIVACY AND CIVIL LIBERTIES.—
(A) REVIEW
OF
CONCEPT
OF
OPER-
ATIONS.—Not later than 180 days after the 
date on which the report under paragraph (1) 
is submitted, the Privacy Officer of the Depart-
ment of Homeland Security and the Officer for 
Civil Rights and Civil Liberties of the Depart-
ment of Homeland Security shall review the pri-
vacy and civil liberties implications of the Ini-
tiative and the concept of operations and report 
any concerns to the Secretary of Homeland Se-
curity and the Under Secretary of Homeland 
Security for Intelligence and Analysis. The Sec-
120
retary may not implement the Initiative until 
the Privacy Officer and the Officer for Civil 
Rights and Civil Liberties have certified that 
any privacy or civil liberties concerns have been 
addressed. 
(B) REVIEW OF PRIVACY IMPACT.—Under 
the authority of section 222(5) of the Home-
land Security Act of 2002 (6 U.S.C. 142(5)), 
not later than one year after the date on which 
the State, Local, and Regional Fusion Center 
Initiative is implemented, the Privacy Officer of 
the Department of Homeland Security, in con-
sultation with the Officer for Civil Rights and 
Civil Liberties of the Department of Homeland 
Security, shall submit to Congress, the Sec-
retary of Homeland Security, and the Under 
Secretary of Homeland Security for Intelligence 
and Analysis a report on the privacy and civil 
liberties impact of the Initiative. 
SEC. 733. HOMELAND SECURITY INFORMATION SHARING 
FELLOWS PROGRAM. 
(a) ESTABLISHMENT OF PROGRAM.—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:
121
‘‘SEC. 209. HOMELAND SECURITY INFORMATION SHARING 
FELLOWS PROGRAM. 
‘‘(a) ESTABLISHMENT.—
‘‘(1) IN
GENERAL.—The Secretary, acting 
through the Under Secretary for Intelligence and 
Analysis, shall establish a fellowship program in ac-
cordance with this section for the purpose of—
‘‘(A) detailing State, local, and tribal law 
enforcement officers and intelligence analysts to 
the Department to participate in the work of 
the Office of Intelligence and Analysis in order 
to become familiar with—
‘‘(i) the mission and capabilities of the 
Office of Intelligence and Analysis; and 
‘‘(ii) the role, programs, products, and 
personnel of the Office of Intelligence and 
Analysis; and 
‘‘(B) promoting information sharing be-
tween the Department and State, local, and 
tribal law enforcement officers and intelligence 
analysts by stationing such officers and ana-
lysts in order to—
‘‘(i) serve as a point of contact in the 
Department to assist in the representation 
of State, local, and tribal homeland secu-
rity information needs;
122
‘‘(ii) identify homeland security infor-
mation of interest to State, local, and trib-
al law enforcement officers and intelligence 
analysts; and 
‘‘(iii) assist Department analysts in 
preparing and disseminating terrorism-re-
lated products that are tailored to State, 
local, and tribal law enforcement officers 
and intelligence analysts and designed to 
thwart terrorist attacks. 
‘‘(2) PROGRAM
NAME.—The program under 
this section shall be known as the ‘Homeland Secu-
rity Information Sharing Fellows Program’. 
‘‘(b) ELIGIBILITY.—
‘‘(1) IN GENERAL.—In order to be eligible for 
selection as an Information Sharing Fellow under 
the program, an individual must—
‘‘(A) have homeland security-related re-
sponsibilities or law enforcement-related respon-
sibilities; 
‘‘(B) be eligible for an appropriate national 
security clearance; 
‘‘(C) possess a valid need for access to 
classified information, as determined by the 
Under Secretary for Intelligence and Analysis;
123
‘‘(D) be an employee of an eligible entity; 
and 
‘‘(E) have undergone appropriate privacy 
and civil liberties training that is developed, 
supported, or sponsored by the Privacy Officer 
and the Officer for Civil Rights and Civil Lib-
erties in partnership with the Privacy and Civil 
Liberties Oversight Board. 
‘‘(2) ELIGIBLE ENTITIES.—For purposes of this 
subsection, the term ‘eligible entity’ means—
‘‘(A) a State, local, or regional fusion cen-
ter; 
‘‘(B) a State or local law enforcement or 
other government entity that serves a major 
metropolitan area, as determined by the Sec-
retary; 
‘‘(C) a State or local law enforcement or 
other government entity that serves a suburban 
or rural area, as determined by the Secretary; 
‘‘(D) a State or local law enforcement or 
other government entity with port responsibil-
ities, as determined by the Secretary; 
‘‘(E) a State or local law enforcement or 
other government entity with border responsibil-
ities, as determined by the Secretary;
124
‘‘(F) a State or local law enforcement or 
other government entity with agricultural re-
sponsibilities, as determined by the Secretary; 
‘‘(G) a tribal law enforcement or other au-
thority; or 
‘‘(H) such other entity as the Secretary de-
termines is appropriate. 
‘‘(c) OPTIONAL PARTICIPATION.—No State, local, or 
tribal law enforcement or other government entity shall 
be required to participate in the Homeland Security Infor-
mation Sharing Fellows Program. 
‘‘(d) PROCEDURES FOR NOMINATION AND SELEC-
TION.—
‘‘(1) IN GENERAL.—The Under Secretary shall 
establish procedures to provide for the nomination 
and selection of individuals to participate in the 
Homeland Security Information Sharing Fellows 
Program. 
‘‘(2) 
LIMITATIONS.—The 
Under 
Secretary 
shall—
‘‘(A) select law enforcement officers and 
intelligence analysts representing a broad cross-
section of State, local, and tribal agencies; and 
‘‘(B) ensure that the number of Informa-
tion Sharing Fellows selected does not impede
125
the activities of the Office of Intelligence and 
Analysis. 
‘‘(e) LENGTH
OF SERVICE.—Information Sharing 
Fellows shall serve for a reasonable period of time, as de-
termined by the Under Secretary. Such period of time 
shall be sufficient to advance the information-sharing 
goals of the Under Secretary and encourage participation 
by as many qualified nominees as possible. 
‘‘(f) CONDITION.—As a condition of selecting an indi-
vidual as an Information Sharing Fellow under the pro-
gram, the Under Secretary shall require that the individ-
ual’s employer agree to continue to pay the individual’s 
salary and benefits during the period for which the indi-
vidual is detailed. 
‘‘(g) STIPEND.—During the period for which an indi-
vidual is detailed under the program, the Under Secretary 
shall, subject to the availability of appropriations provide 
to the individual a stipend to cover the individual’s reason-
able living expenses for that period. 
‘‘(h) SECURITY CLEARANCES.—If an individual se-
lected for a fellowship under the Information Sharing Fel-
lows Program does not possess the appropriate security 
clearance, the Under Secretary shall ensure that security 
clearance processing is expedited for such individual and 
shall ensure that each such Information Sharing Fellow
126
has obtained the appropriate security clearance prior to 
participation in the Program.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of such Act is further amended by adding 
at the end of the items relating to such subtitle the fol-
lowing:
‘‘Sec. 209. Homeland Security Information Sharing Fellows Program.’’.
(c) REPORTS.—
(1) CONCEPT OF OPERATIONS.—Not later than 
90 days after the date of the enactment of this Act 
and before the implementation of the Homeland Se-
curity Information Sharing Fellows Program under 
section 209 of the Homeland Security Act of 2002, 
as added by subsection (a), the Secretary shall sub-
mit to the Committee on Homeland Security and 
Governmental Affairs of the Senate and the Com-
mittee on Homeland Security of the House of Rep-
resentatives a report that contains a concept of oper-
ations for the Program, which shall include a privacy 
and civil liberties impact assessment. 
(2) PRIVACY AND CIVIL LIBERTIES.—
(A) REVIEW
OF
CONCEPT
OF
OPER-
ATIONS.—Not later than 180 days after the 
date on which the report under paragraph (1) 
is submitted, the Privacy Officer of the Depart-
ment of Homeland Security and the Officer for
127
Civil Rights and Civil Liberties of the Depart-
ment of Homeland Security shall review the pri-
vacy and civil liberties implications of the Pro-
gram and the concept of operations and report 
any concerns to the Secretary of Homeland Se-
curity and the Under Secretary of Homeland 
Security for Intelligence and Analysis. The Sec-
retary may not implement the Program until 
the Privacy Officer and the Officer for Civil 
Rights and Civil Liberties have certified that 
any privacy or civil liberties concerns have been 
addressed. 
(B) REVIEW OF PRIVACY IMPACT.—Under 
the authority of section 222(5) of the Home-
land Security Act of 2002 (6 U.S.C. 142(5)), 
not later than one year after the date on which 
the Homeland Security Information Sharing 
Fellows Program is implemented, the Privacy 
Officer of the Department of Homeland Secu-
rity, in consultation with the Officer for Civil 
Rights and Civil Liberties of the Department of 
Homeland Security, shall submit to Congress, 
the Secretary of Homeland Security, and the 
Under Secretary of Homeland Security for In-
128
telligence and Analysis a report on the privacy 
and civil liberties impact of the Program. 
Subtitle E—Homeland Security 
Intelligence Offices Reorganization 
SEC. 741. DEPARTMENTAL REORGANIZATION. 
(a) REDESIGNATION OF DIRECTORATE FOR INFOR-
MATION
ANALYSIS
AND
INFRASTRUCTURE
PROTEC-
TION.—Section 201 of the Homeland Security Act of 2002 
(6 U.S.C. 121) is amended—
(1) in subsection (a)(1)—
(A) by striking ‘‘a Directorate for Informa-
tion Analysis and Infrastructure Protection’’ 
and inserting ‘‘an Office of Intelligence and 
Analysis’’; and 
(B) by striking ‘‘an Under Secretary for 
Information Analysis and Infrastructure Pro-
tection’’ and inserting ‘‘an Under Secretary for 
Intelligence and Analysis’’; 
(2) by striking subsection (b) and redesignating 
subsections (c) through (g) as subsections (b) 
through (f), respectively; 
(3) in subsection (b), as so redesignated—
(A) by striking ‘‘and infrastructure protec-
tion’’ before ‘‘are carried out’’ and inserting 
‘‘and intelligence’’; and
129
(B) by striking ‘‘the Under Secretary for 
Information Analysis and Infrastructure Pro-
tection’’ and inserting ‘‘the Under Secretary for 
Intelligence and Analysis’’; 
(4) in subsection (c), as so redesignated—
(A) by striking ‘‘the Under Secretary for 
Information Analysis and Infrastructure Pro-
tection’’ and inserting ‘‘the Under Secretary for 
Intelligence and Analysis’’; 
(B) by striking paragraphs (2), (5), and 
(6), and redesignating paragraphs (3) through 
(17) as paragraphs (2) through (14), respec-
tively; 
(C) by redesignating paragraphs (18) and 
(19) as paragraphs (20) and (21), respectively; 
(D) in paragraph (2), as so redesignated, 
by striking ‘‘To integrate’’ and inserting ‘‘To 
participate in the integration of’’; 
(E) in paragraph (14), as so redesignated, 
by inserting ‘‘the Assistant Secretary for Infra-
structure Protection and’’ after ‘‘coordinate 
with’’; and 
(F) by inserting after paragraph (14), as 
redesignated by subparagraph (B), the fol-
lowing new paragraphs:
130
‘‘(15) To coordinate and enhance integration 
among intelligence components of the Department. 
‘‘(16) To establish intelligence priorities, poli-
cies, processes, standards, guidelines, and procedures 
for the Department. 
‘‘(17) To establish a structure and process to 
support the missions and goals of the intelligence 
components of the Department. 
‘‘(18) To ensure that, whenever possible—
‘‘(A) the Under Secretary for Intelligence 
and Analysis produces and disseminates reports 
and analytic products based on open-source in-
formation that do not require a national secu-
rity classification under applicable law; and 
‘‘(B) such unclassified open source reports 
are produced and disseminated contempora-
neously with reports or analytic products con-
cerning the same or similar information that 
the Under Secretary for Intelligence and Anal-
ysis produces and disseminates in a classified 
format. 
‘‘(19) To establish within the Office of Intel-
ligence Analysis an Internal Continuity of Oper-
ations (COOP) Plan that—
131
‘‘(A) assures that the capability exists to 
continue uninterrupted operations during a 
wide range of potential emergencies, including 
localized acts of nature, accidents, and techno-
logical or attack-related emergencies, that is 
maintained at a high level of readiness and is 
capable of implementation with and without 
warning; and 
‘‘(B) includes plans and procedures gov-
erning succession to office within the Office of 
Intelligence and Analysis, including—
‘‘(i) emergency delegations of author-
ity (where permissible, and in accordance 
with applicable law); 
‘‘(ii) the safekeeping of vital re-
sources, facilities, and records; 
‘‘(iii) the improvisation or emergency 
acquisition of vital resources necessary for 
the performance of operations of the Of-
fice; and 
‘‘(iv) the capability to relocate essen-
tial personnel and functions to and to sus-
tain the performance of the operations of 
the Office at an alternate work site until 
normal operations can be resumed.’’;
132
(5) in subsections (d) and (e), as redesignated 
by subsection (a)(2), by striking ‘‘Directorate’’ each 
place it appears and inserting ‘‘Office’’; and 
(6) in subsection (f), as redesignated by sub-
section (a)(2)—
(A) by striking ‘‘the Under Secretary for 
Information Analysis and Infrastructure Pro-
tection’’ and inserting ‘‘the Under Secretary for 
Intelligence and Analysis and the Assistant Sec-
retary for Infrastructure Protection’’; and 
(B) by inserting ‘‘and section 203’’ after 
‘‘under this section’’. 
(b) TECHNICAL AND CONFORMING AMENDMENTS.—
(1) HOMELAND SECURITY ACT OF 2002.—The 
Homeland Security Act of 2002 (6 U.S.C. 101 et 
seq.) is amended—
(A) in section 103(a), by adding at the end 
the following new paragraph: 
‘‘(10) An Under Secretary for Intelligence and 
Analysis.’’; 
(B) in section 223, by striking ‘‘Under 
Secretary for Information Analysis and Infra-
structure Protection’’ and inserting ‘‘Under 
Secretary for Intelligence and Analysis, in co-
133
operation with the Assistant Secretary for In-
frastructure Protection’’; 
(C) in section 224, by striking ‘‘Under 
Secretary for Information Analysis and Infra-
structure Protection’’ and inserting ‘‘Assistant 
Secretary for Infrastructure Protection’’; and 
(D) in section 302(3), by striking ‘‘Under 
Secretary for Information Analysis and Infra-
structure Protection’’ and inserting ‘‘Under 
Secretary for Intelligence and Analysis and the 
Assistant Secretary for Infrastructure Protec-
tion’’. 
(2) HEADINGS.—
(A) SECTION 201.—The heading for sec-
tion 201 of such Act is amended to read as fol-
lows: 
‘‘SEC. 201. OFFICE OF INTELLIGENCE AND ANALYSIS.’’. 
(B) SECTION 201(a).—The heading for 
subsection (a) of section 201 of such Act is 
amended to read as follows: 
‘‘(a) UNDER SECRETARY OF HOMELAND SECURITY 
FOR INTELLIGENCE AND ANALYSIS.—’’. 
(C) SECTION 201(b).—The heading for 
subsection (b) of section 201 of such Act, as re-
134
designated by subsection (a)(2), is amended to 
read as follows: 
‘‘(b) DISCHARGE
OF INTELLIGENCE
AND ANAL-
YSIS.—’’. 
(3) NATIONAL SECURITY ACT OF 1947.—Section 
106(b)(2)(I) of the National Security Act of 1947 
(50 U.S.C. 403–6) is amended to read as follows: 
‘‘(I) The Under Secretary for Intelligence 
and Analysis of the Department of Homeland 
Security.’’. 
(4) INTELLIGENCE
REFORM
AND
TERRORISM 
PREVENTION ACT OF 2004.—Section 7306(a)(1) of 
the Intelligence Reform and Terrorism Prevention 
Act of 2004 (Public Law 108–458; 118 Stat. 3848) 
is amended by striking ‘‘Under Secretary for Infor-
mation Analysis and Infrastructure Protection’’ and 
inserting ‘‘Under Secretary for Intelligence and 
Analysis’’. 
SEC. 742. INTELLIGENCE COMPONENTS OF DEPARTMENT 
OF HOMELAND SECURITY. 
(a) RESPONSIBILITIES.—Subtitle A of title II of the 
Homeland Security Act of 2002 (6 U.S.C. 201 et seq.) 
is further amended by adding at the end the following new 
section:
135
‘‘SEC. 210. INTELLIGENCE COMPONENTS. 
‘‘(a) RESPONSIBILITIES.—Subject to the direction 
and control of the Secretary, the responsibilities of the 
head of each intelligence component of the Department 
are as follows: 
‘‘(1) To ensure that duties related to the acqui-
sition, analysis, and dissemination of homeland secu-
rity information are carried out effectively and effi-
ciently in support of the Under Secretary for Intel-
ligence and Analysis. 
‘‘(2) To support and implement the goals estab-
lished in cooperation with the Under Secretary for 
Intelligence and Analysis. 
‘‘(3) To incorporate the input of the Under Sec-
retary for Intelligence and Analysis with respect to 
performance appraisals, bonus or award rec-
ommendations, pay adjustments, and other forms of 
commendation. 
‘‘(4) To coordinate with the Under Secretary 
for Intelligence and Analysis in the recruitment and 
selection of intelligence officials of the intelligence 
component. 
‘‘(5) To advise and coordinate with the Under 
Secretary for Intelligence and Analysis on any plan 
to reorganize or restructure the intelligence compo-
136
nent that would, if implemented, result in realign-
ments of intelligence functions. 
‘‘(6) To ensure that employees of the intel-
ligence component have knowledge of and comply 
with the programs and policies established by the 
Under Secretary for Intelligence and Analysis and 
other appropriate officials of the Department and 
that such employees comply with all applicable laws 
and regulations. 
‘‘(7) To perform such other duties relating to 
such responsibilities as the Secretary may provide. 
‘‘(b) TRAINING
OF
EMPLOYEES.—The Secretary 
shall provide training and guidance for employees, offi-
cials, and senior executives of the intelligence components 
of the Department to develop knowledge of laws, regula-
tions, operations, policies, procedures, and programs that 
are related to the functions of the Department relating 
to the handling, analysis, dissemination, and acquisition 
of homeland security information.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of such Act is further amended by adding 
at the end of the items relating to such subtitle the fol-
lowing:
‘‘Sec. 210. Intelligence components.’’.
137
SEC. 743. OFFICE OF INFRASTRUCTURE PROTECTION. 
(a) ESTABLISHMENT.—Subtitle A of title II of the 
Homeland Security Act of 2002 (6 U.S.C. 201 et seq.) 
is further amended by adding at the end the following new 
section: 
‘‘SEC. 210A. OFFICE OF INFRASTRUCTURE PROTECTION. 
‘‘(a) ASSISTANT SECRETARY FOR INFRASTRUCTURE 
PROTECTION.—
‘‘(1) IN GENERAL.—There shall be in the De-
partment an Office of Infrastructure Protection 
headed by an Assistant Secretary for Infrastructure 
Protection. 
‘‘(2) RESPONSIBILITIES.—The Assistant Sec-
retary shall assist the Secretary in discharging the 
responsibilities assigned by the Secretary. 
‘‘(b) DISCHARGE
OF INFRASTRUCTURE PROTEC-
TION.—The Secretary shall ensure that the responsibilities 
of the Department regarding infrastructure protection are 
carried out through the Assistant Secretary for Infrastruc-
ture Protection. 
‘‘(c) 
RESPONSIBILITIES
OF
ASSISTANT
SEC-
RETARY.—Subject to the direction and control of the Sec-
retary, the responsibilities of the Assistant Secretary for 
Infrastructure Protection shall be as follows: 
‘‘(1) To carry out comprehensive assessments of 
the vulnerabilities of the key resources and critical
138
infrastructure of the United States, including the 
performance of risk assessments to determine the 
risks posed by particular types of terrorist attacks 
within the United States (including an assessment of 
the probability of success of such attacks and the 
feasibility and potential efficacy of various counter-
measures to such attacks). 
‘‘(2) To participate in the integration of rel-
evant information, analyses, and vulnerability assess-
ments (whether such information, analyses, or as-
sessments are provided or produced by the Depart-
ment or others) in order to identify priorities for 
protective and support measures by the Department, 
other agencies of the Federal Government, State and 
local government agencies and authorities, the pri-
vate sector, and other entities. 
‘‘(3) To develop a comprehensive national plan 
for securing the key resources and critical infra-
structure of the United States, including power pro-
duction, generation, and distribution systems, infor-
mation technology and telecommunications systems 
(including satellites), electronic financial and prop-
erty record storage and transmission systems, emer-
gency preparedness communications systems, and
139
the physical and technological assets that support 
such systems. 
‘‘(4) To recommend measures necessary to pro-
tect the key resources and critical infrastructure of 
the United States in coordination with other agen-
cies of the Federal Government and in cooperation 
with State and local government agencies and au-
thorities, the private sector, and other entities. 
‘‘(5) To coordinate with the Under Secretary 
for Intelligence and Analysis and elements of the in-
telligence community and with Federal, State, and 
local law enforcement agencies, and the private sec-
tor, as appropriate. 
‘‘(6) To perform such other duties as assigned 
by the Secretary under this Act. 
‘‘(d) STAFF.—
‘‘(1) IN GENERAL.—The Secretary shall provide 
the Office with a staff having appropriate expertise 
and experience to assist the Assistant Secretary in 
discharging responsibilities under this section. 
‘‘(2) PRIVATE
SECTOR
STAFF.—Staff under 
this subsection may include staff from the private 
sector.
140
‘‘(3) SECURITY CLEARANCES.—Staff under this 
subsection shall possess security clearances appro-
priate for their work under this section. 
‘‘(e) DETAIL OF PERSONNEL.—
‘‘(1) IN GENERAL.—In order to assist the Of-
fice in discharging responsibilities under this section, 
personnel of other Federal agencies may be detailed 
to the Department for the performance of analytic 
functions and related duties. 
‘‘(2) COOPERATIVE
AGREEMENTS.—The Sec-
retary and the head of the agency concerned may 
enter into cooperative agreements for the purpose of 
detailing personnel under this subsection. 
‘‘(3) BASIS.—The detail of personnel under this 
subsection may be on a reimbursable or non-reim-
bursable basis.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of such Act is further amended by adding 
at the end of the items relating to such subtitle the fol-
lowing:
‘‘Sec. 210A. Office of Infrastructure Protection.’’.
141
TITLE 
VIII—PROTECTING 
PRI-
VACY AND CIVIL LIBERTIES 
WHILE EFFECTIVELY FIGHT-
ING TERRORISM 
Subtitle A—Privacy and Civil 
Liberties Oversight Boards 
SEC. 801. SHORT TITLE. 
This subtitle may be cited as the ‘‘Protection of Civil 
Liberties Act’’. 
SEC. 802. FINDINGS. 
Congress finds the following: 
(1) On July 22, 2004 the National Commission 
on Terrorist Attacks Upon the United States issued 
a report that included 41 specific recommendations 
to help prevent future terrorist attacks, including de-
tails of a global strategy and government reorganiza-
tion necessary to implement that strategy. 
(2) One of the recommendations focused on the 
protections of civil liberties. Specifically the following 
recommendation was made: ‘‘At this time of in-
creased and consolidated government authority, 
there should be a board within the executive branch 
to oversee adherence to the guidelines we rec-
ommend and the commitment the government makes 
to defend our civil liberties.’’.