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; 
VerDate Aug 31 2005 
03:25 Jan 06, 2007
Jkt 059200
PO 00000
Frm 00122
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
ccoleman on PROD1PC71 with BILLS
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; 
VerDate Aug 31 2005 
03:25 Jan 06, 2007
Jkt 059200
PO 00000
Frm 00123
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
ccoleman on PROD1PC71 with BILLS
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 
VerDate Aug 31 2005 
03:25 Jan 06, 2007
Jkt 059200
PO 00000
Frm 00124
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
ccoleman on PROD1PC71 with BILLS
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 
VerDate Aug 31 2005 
03:25 Jan 06, 2007
Jkt 059200
PO 00000
Frm 00125
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
ccoleman on PROD1PC71 with BILLS
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 
VerDate Aug 31 2005 
03:25 Jan 06, 2007
Jkt 059200
PO 00000
Frm 00126
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
ccoleman on PROD1PC71 with BILLS
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-
VerDate Aug 31 2005 
03:25 Jan 06, 2007
Jkt 059200
PO 00000
Frm 00127
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
ccoleman on PROD1PC71 with BILLS
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 
VerDate Aug 31 2005 
03:25 Jan 06, 2007
Jkt 059200
PO 00000
Frm 00128
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
ccoleman on PROD1PC71 with BILLS
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: 
VerDate Aug 31 2005 
03:25 Jan 06, 2007
Jkt 059200
PO 00000
Frm 00129
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
ccoleman on PROD1PC71 with BILLS
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— 
VerDate Aug 31 2005 
03:25 Jan 06, 2007
Jkt 059200
PO 00000
Frm 00130
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
ccoleman on PROD1PC71 with BILLS
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.’’; 
VerDate Aug 31 2005 
03:25 Jan 06, 2007
Jkt 059200
PO 00000
Frm 00131
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
ccoleman on PROD1PC71 with BILLS
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-
VerDate Aug 31 2005 
03:25 Jan 06, 2007
Jkt 059200
PO 00000
Frm 00132
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
ccoleman on PROD1PC71 with BILLS
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-
VerDate Aug 31 2005 
03:25 Jan 06, 2007
Jkt 059200
PO 00000
Frm 00133
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
ccoleman on PROD1PC71 with BILLS