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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 
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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-
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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 
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(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: 
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‘‘(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— 
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‘‘(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.’’; 
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132 
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(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-
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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-
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134 
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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: 
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HR 1 RFS
‘‘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-
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HR 1 RFS
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.’’. 
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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 
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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 
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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. 
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‘‘(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.’’. 
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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.’’. 
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(3) The report also states that ‘‘the choice be-
tween security and liberty is a false choice, as noth-
ing is more likely to endanger America’s liberties 
than the success of a terrorist attack at home. Our 
History has shown that the insecurity threatens lib-
erty at home. Yet if our liberties are curtailed, we 
lose the values that we are struggling to defend.’’. 
(4) On December 17, 2004, Public Law 108– 
458, the National Intelligence Reform Act, was 
signed into law. This law created a civil liberties 
board that does not have the authority necessary to 
protect civil liberties. 
SEC. 803. MAKING THE PRIVACY AND CIVIL LIBERTIES 
OVERSIGHT BOARD INDEPENDENT. 
Section 1061(b) of the Intelligence Reform and Ter-
rorism Prevention Act of 2004 (5 U.S.C. 601 note) is 
amended by striking ‘‘within the Executive Office of the 
President’’ and inserting ‘‘as an independent agency with-
in the Executive branch’’. 
SEC. 804. REQUIRING ALL MEMBERS OF THE PRIVACY AND 
CIVIL LIBERTIES OVERSIGHT BOARD BE CON-
FIRMED BY THE SENATE. 
Subsection (e) of section 1061 of the Intelligence Re-
form and Terrorism Prevention Act of 2004 (5 U.S.C. 601 
note) is amended to read as follows: 
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