129 
by Department staff deployed to State and local fu-
sion centers participating in the Program.’’. 
(b) CLERICAL AMENDMENT.—The table of contents in 
section 1(b) of such Act is amended by striking the items 
relating to sections 895 through 899 and inserting the fol-
lowing: 
‘‘Sec. 895. State and Local Fusion Center Program.’’. 
(c) PRIOR AMENDMENTS NOT AFFECTED.—This sec-
tion shall not be construed to affect the application of sec-
tions 895 through 899 of the Homeland Security Act of 
2002 (including provisions enacted by the amendments 
made by those sections), as in effect before the effective date 
of this section. 
SEC. 1002. FUSION CENTER PRIVACY AND CIVIL LIBERTIES 
TRAINING 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 amended 
by adding at the end the following new section: 
‘‘SEC. 203. FUSION CENTER PRIVACY AND CIVIL LIBERTIES 
TRAINING PROGRAM. 
‘‘(a) ESTABLISHMENT.—The Secretary, through the 
Assistant Secretary for Information Analysis, the Privacy 
Officer, and the Officer for Civil Rights and Civil Liberties, 
shall establish a program within the Office of Civil Rights 
and Civil Liberties to provide privacy, civil liberties, and 
civil rights protection training for appropriate Department 
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employees and State, local, tribal employees serving in 
State and local fusion centers participating in the State 
and Local Fusion Center Program. 
‘‘(b) MANDATORY TRAINING.— 
‘‘(1) DEPARTMENT EMPLOYEES.—The Secretary 
shall require each employee of the Department who is 
embedded at a State or local fusion center and has ac-
cess to United States citizens and legal permanent 
residents personally identifiable information to suc-
cessfully complete training under the program estab-
lished under subsection (a). 
‘‘(2) FUSION CENTER REPRESENTATIVES.—As a 
condition of receiving a grant from the Department, 
a fusion center shall require each State, local, tribal, 
or private sector representative of the fusion center to 
successfully complete training under the program es-
tablished under subsection (a) not later than six 
months after the date on which the State or local fu-
sion center at which the employee is embedded re-
ceives a grant from the Department. 
‘‘(c) CONTENTS
OF TRAINING.—Training provided 
under the program established under subsection (a) shall 
include training in Federal law in each of the following: 
‘‘(1) Privacy, civil liberties, and civil rights poli-
cies, procedures, and protocols that can provide or 
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control access to information at a State or local fu-
sion center. 
‘‘(2) Privacy awareness training based on sec-
tion 552a of title 5, United States Code, popularly 
known as the Privacy Act of 1974. 
‘‘(3) The handling of personally identifiable in-
formation in a responsible and appropriate manner. 
‘‘(4) Appropriate procedures for the destruction 
of information that is no longer needed. 
‘‘(5) The consequences of failing to provide ade-
quate privacy and civil liberties protections. 
‘‘(6) Compliance with Federal regulations setting 
standards for multijurisdictional criminal intelligence 
systems, including 28 CFR 23 (as in effect on the 
date of the enactment of this section). 
‘‘(7) The use of immutable auditing mechanisms 
designed to track access to information at a State or 
local fusion center. 
‘‘(d) CERTIFICATION OF TRAINING.—The Secretary, 
acting through the head of the Office of Civil Rights and 
Civil Liberties, shall issue a certificate to each person who 
completes the training under this section and performs suc-
cessfully in a written examination administered by the Of-
fice of Civil Rights and Civil Liberties. A copy of each such 
certificate issued to an individual working at a partici-
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pating fusion center shall be kept on file at that fusion cen-
ter. 
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—Of the 
amounts authorized by section 101, there are authorized to 
be appropriate to carry out this section— 
‘‘(1) $3,000,000 for each of fiscal years 2008 
through 2013; and 
‘‘(2) such sums as may be necessary for each sub-
sequent fiscal year.’’. 
(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 such subtitle the following: 
‘‘Sec. 203. Fusion center privacy and civil liberties training program.’’. 
SEC. 1003. AUTHORITY TO APPOINT AND MAINTAIN A 
CADRE OF FEDERAL ANNUITANTS FOR THE 
OFFICE OF INFORMATION ANALYSIS. 
(a) DEFINITIONS.—For purposes of this section— 
(1) the term ‘‘IA’’ means the Office of Informa-
tion Analysis; 
(2) the term ‘‘annuitant’’ means an annuitant 
under a Government retirement system; 
(3) the term ‘‘Government retirement system’’ 
has the meaning given such term by section 501(a); 
and 
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(4) the term ‘‘employee’’ has the meaning given 
such term by section 2105 of title 5, United States 
Code. 
(b) APPOINTMENT AUTHORITY.—The Secretary (act-
ing through the Assistant Secretary for Information Anal-
ysis) may, for the purpose of accelerating the ability of IA 
to perform its statutory duties under the Homeland Secu-
rity Act of 2002, appoint annuitants to positions in IA in 
accordance with succeeding provisions of this section. 
(c) 
NONCOMPETITIVE
PROCEDURES; 
EXEMPTION 
FROM OFFSET.—An appointment made under subsection 
(b) shall not be subject to the provisions of title 5, United 
States Code, governing appointments in the competitive 
service, and any annuitant serving pursuant to such an 
appointment shall be exempt from sections 8344 and 8468 
of such title 5 (relating to annuities and pay on reemploy-
ment) and any other similar provision of law under a Gov-
ernment retirement system. 
(d) LIMITATIONS.—No appointment under subsection 
(b) may be made if such appointment would result in the 
displacement of any employee or would cause the total num-
ber of positions filled by annuitants appointed under such 
subsection to exceed 100 as of any time (determined on a 
full-time equivalent basis). 
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