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: 
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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-
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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.’’. 
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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 
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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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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. 
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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.’’. 
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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.’’. 
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142 
(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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143 
‘‘(e) MEMBERSHIP.— 
‘‘(1) MEMBERS.—The Board shall be composed 
of a full-time chairman and 4 additional members, 
who shall be appointed by the President by no later 
than 6 months after the date of the enactment of 
the Protection of Civil Liberties Act, by and with the 
advice and consent of the Senate, which shall move 
expeditiously following each nomination. 
‘‘(2) QUALIFICATIONS.—Members of the Board 
shall be selected solely on the basis of their profes-
sional qualifications, achievements, public stature, 
expertise in civil liberties and privacy, and relevant 
experience, and without regard to political affiliation, 
but in no event shall more than 3 members of the 
Board be members of the same political party. The 
President shall, before appointing an individual who 
is not a member of the same political party as the 
President consult with the leadership of that party, 
if any, in the Senate and House of Representatives. 
‘‘(3) INCOMPATIBLE
OFFICE.—An individual 
appointed to the Board may not, while serving on 
the Board, be an elected official, officer, or employee 
of the Federal Government, other than in the capac-
ity as a member of the Board. 
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144 
‘‘(4) TERM.—Each member of the Board shall 
serve a term of six years, except that— 
‘‘(A) a member appointed to a term of of-
fice after the commencement of such term may 
serve under such appointment only for the re-
mainder of such term; 
‘‘(B) upon the expiration of the term of of-
fice of a member, the member shall continue to 
serve until the member’s successor has been ap-
pointed and qualified, except that no member 
may serve under this subparagraph— 
‘‘(i) for more than 60 days when Con-
gress is in session unless a nomination to 
fill the vacancy shall have been submitted 
to the Senate; or 
‘‘(ii) after the adjournment sine die of 
the session of the Senate in which such 
nomination is submitted; and 
‘‘(C) the members initially appointed under 
this subsection shall serve terms of two, three, 
four, five, and six years, respectively, from the 
effective date of this Act, with the term of each 
such member to be designated by the President. 
‘‘(5) QUORUM
AND
MEETINGS.—The Board 
shall meet upon the call of the chairman or a major-
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145 
ity of its members. Three members of the Board 
shall constitute a quorum.’’. 
SEC. 805. SUBPOENA POWER FOR THE PRIVACY AND CIVIL 
LIBERTIES OVERSIGHT BOARD. 
Section 1061(d) of the Intelligence Reform and Ter-
rorism Prevention Act of 2004 (5 U.S.C. 601 note) is 
amended— 
(1) so that subparagraph (D) of paragraph (1) 
reads as follows: 
‘‘(D) require, by subpoena issued at the di-
rection of a majority of the members of the 
Board, persons (other than departments, agen-
cies, and elements of the executive branch) to 
produce any relevant information, documents, 
reports, answers, records, accounts, papers, and 
other documentary or testimonial evidence.’’; 
and 
(2) so that paragraph (2) reads as follows: 
‘‘(2) ENFORCEMENT
OF
SUBPOENA.—In the 
case of contumacy or failure to obey a subpoena 
issued under paragraph (1)(D), the United States 
district court for the judicial district in which the 
subpoenaed person resides, is served, or may be 
found may issue an order requiring such person to 
produce the evidence required by such subpoena.’’. 
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146 
SEC. 806. REPORTING REQUIREMENTS. 
(a) DUTIES OF BOARD.—Paragraph (4) of section 
1061(c) of the Intelligence Reform and Terrorism Preven-
tion Act of 2004 (5 U.S.C. 601 note) is amended to read 
as follows: 
‘‘(4) REPORTS.— 
‘‘(A) RECEIPT, 
REVIEW, 
AND
SUBMIS-
SION.— 
‘‘(i) IN GENERAL.—The Board shall— 
‘‘(I) receive and review reports 
from privacy officers and civil liberties 
officers described in section 212; and 
‘‘(II) periodically submit, not less 
than semiannually, reports to the ap-
propriate congressional committees, 
including the Committees on the Judi-
ciary of the Senate and the House of 
Representatives, the Committee on 
Homeland Security and Governmental 
Affairs of the Senate, the Committee 
on Oversight and Government Reform 
of the House of Representatives, the 
Select Committee on Intelligence of 
the Senate, and the Permanent Select 
Committee on Intelligence of the 
House of Representatives, the Com-
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147 
mittee on Homeland Security of the 
House of Representatives, and to the 
President. 
Such reports shall be in unclassified form 
to the greatest extent possible, with a clas-
sified annex where necessary. 
‘‘(ii) CONTENTS.—Not less than 2 re-
ports the Board submits each year under 
clause (i)(II) shall include— 
‘‘(I) a description of the major 
activities of the Board during the pre-
ceding period; 
‘‘(II) information on the findings, 
conclusions, and recommendations of 
the Board resulting from its advice 
and oversight functions under sub-
section (c); 
‘‘(III) the minority views on any 
findings, 
conclusions, 
and 
rec-
ommendations of the Board resulting 
from its advice and oversight func-
tions under subsection (c); and 
‘‘(IV) each proposal reviewed by 
the Board under subsection (c)(1) 
that the Board advised against imple-
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148 
menting, but that notwithstanding 
such advice, was implemented. 
‘‘(B) 
INFORMING
THE
PUBLIC.—The 
Board shall— 
‘‘(i) make its reports, including its re-
ports to Congress, available to the public 
to the greatest extent that is consistent 
with the protection of classified informa-
tion and applicable law; and 
‘‘(ii) hold public hearings and other-
wise inform the public of its activities, as 
appropriate and in a manner consistent 
with the protection of classified informa-
tion and applicable law.’’. 
(b) PRIVACY AND CIVIL LIBERTIES OFFICERS.— 
(1) DESIGNATION OF OFFICERS.—Section 1062 
of the Intelligence Reform and Terrorism Prevention 
Act of 2004 (118 Stat. 3688) is amended to read as 
follows: 
‘‘SEC. 1062. PRIVACY AND CIVIL LIBERTIES OFFICERS. 
‘‘(a) DESIGNATION AND FUNCTIONS.—The Attorney 
General, the Secretary of Defense, the Secretary of State, 
the Secretary of the Treasury, the Secretary of Health and 
Human Services, the Secretary of Homeland Security, the 
National Intelligence Director, the Director of the Central 
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149 
Intelligence Agency, any other entity within the intel-
ligence community (as defined in section 3 of the National 
Security Act of 1947 (50 U.S.C. 401a)), and the head of 
any other department, agency, or element of the executive 
branch designated by the Privacy and Civil Liberties Over-
sight Board to be appropriate for coverage under this sec-
tion shall designate not less than 1 senior officer to— 
‘‘(1) assist the head of such department, agen-
cy, or element and other officials of such depart-
ment, agency, or element in appropriately consid-
ering privacy and civil liberties concerns when such 
officials are proposing, developing, or implementing 
laws, regulations, policies, procedures, or guidelines 
related to efforts to protect the Nation against ter-
rorism; 
‘‘(2) periodically investigate and review depart-
ment, agency, or element actions, policies, proce-
dures, guidelines, and related laws and their imple-
mentation to ensure that such department, agency, 
or element is adequately considering privacy and 
civil liberties in its actions; 
‘‘(3) ensure that such department, agency, or 
element has adequate procedures to receive, inves-
tigate, respond to, and redress complaints from indi-
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150 
viduals who allege such department, agency, or ele-
ment has violated their privacy or civil liberties; and 
‘‘(4) in providing advice on proposals to retain 
or enhance a particular governmental power the offi-
cer shall consider whether such department, agency, 
or element has established— 
‘‘(A) that the power actually enhances se-
curity and the need for the power is balanced 
with the need to protect privacy and civil lib-
erties; 
‘‘(B) that there is adequate supervision of 
the use by such department, agency, or element 
of the power to ensure protection of privacy and 
civil liberties; and 
‘‘(C) that there are adequate guidelines 
and oversight to properly confine its use. 
‘‘(b) EXCEPTION TO DESIGNATION AUTHORITY.— 
‘‘(1) PRIVACY OFFICERS.—In any department, 
agency, or element referred to in subsection (a) or 
designated by the Board, which has a statutorily 
created privacy officer, such officer shall perform the 
functions specified in subsection (a) with respect to 
privacy. 
‘‘(2) CIVIL LIBERTIES OFFICERS.—In any de-
partment, agency, or element referred to in sub-
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151 
section (a) or designated by the Board, which has a 
statutorily created civil liberties officer, such officer 
shall perform the functions specified in subsection 
(a) with respect to civil liberties. 
‘‘(c) SUPERVISION AND COORDINATION.—Each pri-
vacy officer or civil liberties officer described in subsection 
(a) or (b) shall— 
‘‘(1) report directly to the head of the depart-
ment, agency, or element concerned; and 
‘‘(2) coordinate their activities with the Inspec-
tor General of such department, agency, or element 
to avoid duplication of effort. 
‘‘(d) AGENCY COOPERATION.—The head of each de-
partment, agency, or element shall ensure that each pri-
vacy officer and civil liberties officer— 
‘‘(1) has the information, material, and re-
sources necessary to fulfill the functions of such offi-
cer; 
‘‘(2) is advised of proposed policy changes; 
‘‘(3) is consulted by decisionmakers; and 
‘‘(4) is given access to material and personnel 
the officer determines to be necessary to carry out 
the functions of such officer. 
‘‘(e) REPRISAL FOR MAKING COMPLAINT.—No ac-
tion constituting a reprisal, or threat of reprisal, for mak-
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152 
ing a complaint or for disclosing information to a privacy 
officer or civil liberties officer described in subsection (a) 
or (b), or to the Privacy and Civil Liberties Oversight 
Board, that indicates a possible violation of privacy protec-
tions or civil liberties in the administration of the pro-
grams and operations of the Federal Government relating 
to efforts to protect the Nation from terrorism shall be 
taken by any Federal employee in a position to take such 
action, unless the complaint was made or the information 
was disclosed with the knowledge that it was false or with 
willful disregard for its truth or falsity. 
‘‘(f) PERIODIC REPORTS.— 
‘‘(1) IN GENERAL.—The privacy officers and 
civil liberties officers of each department, agency, or 
element referred to or described in subsection (a) or 
(b) shall periodically, but not less than quarterly, 
submit a report on the activities of such officers— 
‘‘(A)(i) to the appropriate congressional 
committees, including the Committees on the 
Judiciary of the Senate and the House of Rep-
resentatives, the Committee on Homeland Secu-
rity and Governmental Affairs of the Senate, 
the Committee on Oversight and Government 
Reform of the House of Representatives, the 
Select Committee on Intelligence of the Senate, 
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153 
and the Permanent Select Committee on Intel-
ligence of the House of Representatives; 
‘‘(ii) to the head of such department, agen-
cy, or element; and 
‘‘(iii) to the Privacy and Civil Liberties 
Oversight Board; and 
‘‘(B) which shall be in unclassified form to 
the greatest extent possible, with a classified 
annex where necessary. 
‘‘(2) CONTENTS.—Each report submitted under 
paragraph (1) shall include information on the dis-
charge of each of the functions of the officer con-
cerned, including— 
‘‘(A) information on the number and types 
of reviews undertaken; 
‘‘(B) the type of advice provided and the 
response given to such advice; 
‘‘(C) the number and nature of the com-
plaints received by the department, agency, or 
element concerned for alleged violations; and 
‘‘(D) a summary of the disposition of such 
complaints, the reviews and inquiries conducted, 
and the impact of the activities of such officer. 
‘‘(g) INFORMING THE PUBLIC.—Each privacy officer 
and civil liberties officer shall— 
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‘‘(1) make the reports of such officer, including 
reports to Congress, available to the public to the 
greatest extent that is consistent with the protection 
of classified information and applicable law; and 
‘‘(2) otherwise inform the public of the activi-
ties of such officer, as appropriate and in a manner 
consistent with the protection of classified informa-
tion and applicable law. 
‘‘(h) SAVINGS CLAUSE.—Nothing in this section shall 
be construed to limit or otherwise supplant any other au-
thorities or responsibilities provided by law to privacy offi-
cers or civil liberties officers. 
‘‘(i) PROTECTIONS
FOR HUMAN RESEARCH SUB-
JECTS.—The Secretary of Homeland Security shall ensure 
that the Department of Homeland Security complies with 
the protections for human research subjects, as described 
in part 46 of title 45, Code of Federal Regulations, or 
in equivalent regulations as promulgated by such Sec-
retary, with respect to research that is conducted or sup-
ported by such Department.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents in section 1(b) of such Act is amended by 
striking the item relating to section 1062 and insert-
ing the following: 
‘‘Sec. 1062. Privacy and civil liberties officers.’’. 
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Subtitle B—Enhancement of 
Privacy Officer Authorities 
SEC. 811. SHORT TITLE. 
This subtitle may be cited as the ‘‘Privacy Officer 
With Enhanced Rights Act of 2007’’ or the ‘‘POWER 
Act’’. 
SEC. 812. AUTHORITIES OF THE PRIVACY OFFICER OF THE 
DEPARTMENT OF HOMELAND SECURITY. 
Section 222 of the Homeland Security Act of 2002 
(6 U.S.C. 142) is amended— 
(1) by inserting before the first sentence the 
following: ‘‘(a) APPOINTMENT
AND RESPONSIBIL-
ITIES.—’’; and 
(2) by adding at the end the following: 
‘‘(b) AUTHORITY TO INVESTIGATE.— 
‘‘(1) IN
GENERAL.—The senior official ap-
pointed under this section is specifically author-
ized— 
‘‘(A) to have access to all records, reports, 
audits, 
reviews, 
documents, 
papers, 
rec-
ommendations, and other materials available to 
the Department that relate to programs and op-
erations with respect to which the senior official 
has responsibilities under this section; 
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‘‘(B) to make such investigations and re-
ports relating to the administration of the pro-
grams and operations of the Department as 
are, in the senior official’s judgment, necessary 
or desirable; 
‘‘(C) to require by subpoena the produc-
tion, by persons other than Federal agencies, of 
all information, documents, reports, answers, 
records, accounts, papers, and other data and 
documentary evidence necessary to performance 
of the functions of the senior official under this 
section; 
‘‘(D) to administer to or take from any 
person an oath, affirmation, or affidavit, when-
ever necessary to performance of the functions 
of the senior official under this section; and 
‘‘(E) to take any other action that may be 
taken by the Inspector General of the Depart-
ment, as necessary to require employees of the 
Department to produce documents and answer 
questions relevant to performance of the func-
tions of the senior official under this section. 
‘‘(2) ENFORCEMENT OF SUBPOENAS.—Any sub-
poena issued under paragraph (1)(C) shall, in the 
case of contumacy or refusal to obey, be enforceable 
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by order of any appropriate United States district 
court. 
‘‘(3) EFFECT OF OATHS, ETC.—Any oath, affir-
mation, or affidavit administered or taken under 
paragraph (1)(D) by or before an employee of the 
Privacy Office designated for that purpose by the 
senior official appointed under subsection (a) shall 
have the same force and effect as if administered or 
taken by or before an officer having a seal of office. 
‘‘(c) TERM OF OFFICE.—The term of appointment of 
a senior official under subsection (a) shall be 5 years. 
‘‘(d) REPORTS TO CONGRESS.—The senior official 
appointed under subsection (a) shall submit reports di-
rectly to Congress regarding performance of the respon-
sibilities of the senior official under this section, without 
any prior comment or amendment by the Secretary, Dep-
uty Secretary, or any other officer or employee of the De-
partment or the Office of Management and Budget.’’. 
TITLE IX—IMPROVING CRITICAL 
INFRASTRUCTURE SECURITY 
SEC. 901. VULNERABILITY ASSESSMENT AND REPORT ON 
CRITICAL INFRASTRUCTURE INFORMATION. 
(a) IN GENERAL.—Subtitle B of title II of the Home-
land Security Act of 2002 is amended by adding at the 
end the following new section: 
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158 
‘‘SEC. 216. ANNUAL CRITICAL INFRASTRUCTURE VULNER-
ABILITY ASSESSMENT AND REPORT. 
‘‘(a) VULNERABILITY ASSESSMENT REQUIRED.—Ex-
cept where a vulnerability assessment is required under 
another provision of law, for each fiscal year, the Sec-
retary, acting through the Assistant Secretary for Infra-
structure Protection pursuant to the responsibilities under 
section 210A, shall prepare a vulnerability assessment of 
the critical infrastructure information available to the Sec-
retary with respect to that fiscal year. Each vulnerability 
assessment shall contain any actions or countermeasures 
proposed or recommended by the Secretary to address se-
curity concerns covered in the assessment. The informa-
tion in each such assessment shall be set forth separately 
for each critical infrastructure sector, including the critical 
infrastructure sectors named in Homeland Security Presi-
dential Directive-7, as in effect on January 1, 2006. 
‘‘(b) ANNUAL REPORT TO CONGRESS.— 
‘‘(1) REPORT REQUIRED.—Not later than six 
months after the last day of a fiscal year, the Sec-
retary shall submit to the Committee on Homeland 
Security of the House of Representatives and the 
Committee on Homeland Security and Governmental 
Affairs of the Senate a report containing a summary 
and review of the vulnerability assessments prepared 
by the Secretary under subsection (a) for that fiscal 
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year and the two preceding fiscal years. The infor-
mation in the report shall be set forth separately for 
each of the critical infrastructure sectors described 
in subsection (a). 
‘‘(2) CONTENTS
OF
REPORT.—The Secretary 
shall include in the report required under paragraph 
(1)— 
‘‘(A) for each critical infrastructure sector 
covered by the report, a summary comparison 
describing any changes between the vulner-
ability assessment for the fiscal year covered by 
the report and the vulnerability assessment for 
the preceding fiscal year; 
‘‘(B) the explanation and comments of the 
Secretary with respect to the greatest risks to 
critical infrastructure for each such sector; and 
‘‘(C) the recommendations of the Secretary 
for mitigating such risks. 
‘‘(3) CLASSIFIED ANNEX.—The report required 
under paragraph (1) may contain a classified 
annex.’’. 
(b) TECHNICAL AMENDMENT.—Section 212(3) of 
such Act (6 U.S.C. 131(3)) is amended— 
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(1) by inserting ‘‘relating to’’ after ‘‘the secu-
rity of critical infrastructure or protected systems’’; 
and 
(2) in subparagraph (A), by inserting ‘‘the’’ 
after ‘‘(A)’’. 
(c) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of such Act is amended by inserting after 
the item relating to section 215 the following new item: 
‘‘Sec. 216. Annual critical infrastructure vulnerability assessment and report.’’. 
SEC. 902. NATIONAL ASSET DATABASE AND THE NATIONAL 
AT-RISK DATABASE. 
(a) IN GENERAL.—Subtitle A of title II of the Home-
land Security Act of 2002 is amended by adding at the 
end the following new sections: 
‘‘SEC. 210C. NATIONAL ASSET DATABASE AND NATIONAL 
AT-RISK DATABASE. 
‘‘(a) ESTABLISHMENT.— 
‘‘(1) NATIONAL
ASSET
DATABASE.—The Sec-
retary shall establish and maintain a national data-
base of nationwide critical infrastructure assets to 
identify and prioritize critical infrastructure and key 
resources and to protect them from terrorist attack. 
The database shall be known as the ‘National Asset 
Database’. 
‘‘(2) NATIONAL AT-RISK DATABASE.—The Sec-
retary shall establish within the National Asset 
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Database, a database containing a list of the infra-
structure the Secretary determines is most at risk, 
to be known as the ‘National At-Risk Database’. 
‘‘(3) NATIONAL
ASSET
DATABASE
CONSOR-
TIUM.— 
‘‘(A) 
ESTABLISHMENT.—The 
Secretary 
shall establish a consortium to be known as the 
‘National Asset Database Consortium’. The 
Consortium shall advise the Secretary on the 
best way to identify, generate, organize, and 
maintain the databases described in paragraphs 
(1) and (2) and shall be made up of at least 
two but not more than four national labora-
tories and the heads of such other Federal 
agencies as the Secretary deems appropriate. 
‘‘(B) ADMINISTRATION
AND
CONSULTA-
TION.—The Secretary shall— 
‘‘(i) select as members of the National 
Asset Database Consortium national lab-
oratories or Federal agencies that have 
demonstrated experience working with and 
identifying critical infrastructure; 
‘‘(ii) enter into contracts, as nec-
essary, with the members of the National 
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Asset Database Consortium to perform the 
tasks required under this section; and 
‘‘(iii) solicit and receive comments 
from the National Asset Database Consor-
tium on— 
‘‘(I) the appropriateness of the 
protection and risk methodologies in 
the National Infrastructure Protection 
Plan or other nationwide infrastruc-
ture protection plan issued by the De-
partment; and 
‘‘(II) alternative means to define 
risk and identify specific criteria to 
prioritize the most at-risk infrastruc-
ture or key resources. 
‘‘(b) USE OF DATABASE.—The Secretary shall use 
the database established under subsection (a)— 
‘‘(1) in the development, coordination, integra-
tion, and implementation of plans and programs, in-
cluding to identify, catalog, prioritize, and protect 
critical infrastructure and key resources in accord-
ance with Homeland Security Presidential Directive 
number 7, and in cooperation with all levels of gov-
ernment and private sector entities that the Sec-
retary considers appropriate; and 
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