Congressional Record: July 25, 2007 (House)] [Page H8496-H8546] CONFERENCE REPORT ON H.R. 1, IMPLEMENTING RECOMMENDATIONS OF THE 9/11 COMMISSION ACT OF 2007 Mr. THOMPSON of Mississippi submitted the following conference report and statement on the bill (H.R. 1) to provide for the implementation of the recommendations of the National Commission on Terrorist Attacks Upon the United States: Conference Report (H. Rept. 110-259) [...] TITLE V--IMPROVING INTELLIGENCE AND INFORMATION SHARING WITHIN THE FEDERAL GOVERNMENT AND WITH STATE, LOCAL, AND TRIBAL GOVERNMENTS Subtitle A--Homeland Security Information Sharing Enhancement SEC. 501. HOMELAND SECURITY ADVISORY SYSTEM AND INFORMATION SHARING. (a) Advisory System and Information Sharing.-- (1) In general.--Subtitle A of title II of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.) is amended by adding at the end the following: ``SEC. 203. HOMELAND SECURITY ADVISORY SYSTEM. ``(a) Requirement.--The Secretary shall administer the Homeland Security Advisory System in accordance with this section to provide advisories or warnings regarding the threat or risk that acts of terrorism will be committed on the homeland to Federal, State, local, and tribal government authorities and to the people of the United States, as appropriate. The Secretary shall exercise primary responsibility for providing such advisories or warnings. ``(b) Required Elements.--In administering the Homeland Security Advisory System, the Secretary shall-- ``(1) establish criteria for the issuance and revocation of such advisories or warnings; ``(2) develop a methodology, relying on the criteria established under paragraph (1), for the issuance and revocation of such advisories or warnings; ``(3) provide, in each such advisory or warning, specific information and advice regarding appropriate protective measures and countermeasures that may be taken in response to the threat or risk, at the maximum level of detail practicable to enable individuals, government entities, emergency response providers, and the private sector to act appropriately; [[Page H8508]] ``(4) whenever possible, limit the scope of each such advisory or warning to a specific region, locality, or economic sector believed to be under threat or at risk; and ``(5) not, in issuing any advisory or warning, use color designations as the exclusive means of specifying homeland security threat conditions that are the subject of the advisory or warning. ``SEC. 204. HOMELAND SECURITY INFORMATION SHARING. ``(a) Information Sharing.--Consistent with section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485), the Secretary, acting through the Under Secretary for Intelligence and Analysis, shall integrate the information and standardize the format of the products of the intelligence components of the Department containing homeland security information, terrorism information, weapons of mass destruction information, or national intelligence (as defined in section 3(5) of the National Security Act of 1947 (50 U.S.C. 401a(5))) except for any internal security protocols or personnel information of such intelligence components, or other administrative processes that are administered by any chief security officer of the Department. ``(b) Information Sharing and Knowledge Management Officers.--For each intelligence component of the Department, the Secretary shall designate an information sharing and knowledge management officer who shall report to the Under Secretary for Intelligence and Analysis regarding coordinating the different systems used in the Department to gather and disseminate homeland security information or national intelligence (as defined in section 3(5) of the National Security Act of 1947 (50 U.S.C. 401a(5))). ``(c) State, Local, and Private-Sector Sources of Information.-- ``(1) Establishment of business processes.--The Secretary, acting through the Under Secretary for Intelligence and Analysis or the Assistant Secretary for Infrastructure Protection, as appropriate, shall-- ``(A) establish Department-wide procedures for the review and analysis of information provided by State, local, and tribal governments and the private sector; ``(B) as appropriate, integrate such information into the information gathered by the Department and other departments and agencies of the Federal Government; and ``(C) make available such information, as appropriate, within the Department and to other departments and agencies of the Federal Government. ``(2) Feedback.--The Secretary shall develop mechanisms to provide feedback regarding the analysis and utility of information provided by any entity of State, local, or tribal government or the private sector that provides such information to the Department. ``(d) Training and Evaluation of Employees.-- ``(1) Training.--The Secretary, acting through the Under Secretary for Intelligence and Analysis or the Assistant Secretary for Infrastructure Protection, as appropriate, shall provide to employees of the Department opportunities for training and education to develop an understanding of-- ``(A) the definitions of homeland security information and national intelligence (as defined in section 3(5) of the National Security Act of 1947 (50 U.S.C. 401a(5))); and ``(B) how information available to such employees as part of their duties-- ``(i) might qualify as homeland security information or national intelligence; and ``(ii) might be relevant to the Office of Intelligence and Analysis and the intelligence components of the Department. ``(2) Evaluations.--The Under Secretary for Intelligence and Analysis shall-- ``(A) on an ongoing basis, evaluate how employees of the Office of Intelligence and Analysis and the intelligence components of the Department are utilizing homeland security information or national intelligence, sharing information within the Department, as described in this title, and participating in the information sharing environment established under section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485); and ``(B) provide to the appropriate component heads regular reports regarding the evaluations under subparagraph (A). ``SEC. 205. COMPREHENSIVE INFORMATION TECHNOLOGY NETWORK ARCHITECTURE. ``(a) Establishment.--The Secretary, acting through the Under Secretary for Intelligence and Analysis, shall establish, consistent with the policies and procedures developed under section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485), and consistent with the enterprise architecture of the Department, a comprehensive information technology network architecture for the Office of Intelligence and Analysis that connects the various databases and related information technology assets of the Office of Intelligence and Analysis and the intelligence components of the Department in order to promote internal information sharing among the intelligence and other personnel of the Department. ``(b) Comprehensive Information Technology Network Architecture Defined.--The term `comprehensive information technology network architecture' means an integrated framework for evolving or maintaining existing information technology and acquiring new information technology to achieve the strategic management and information resources management goals of the Office of Intelligence and Analysis. ``SEC. 206. COORDINATION WITH INFORMATION SHARING ENVIRONMENT. ``(a) Guidance.--All activities to comply with sections 203, 204, and 205 shall be-- ``(1) consistent with any policies, guidelines, procedures, instructions, or standards established under section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485); ``(2) implemented in coordination with, as appropriate, the program manager for the information sharing environment established under that section; ``(3) consistent with any applicable guidance issued by the Director of National Intelligence; and ``(4) consistent with any applicable guidance issued by the Secretary relating to the protection of law enforcement information or proprietary information. ``(b) Consultation.--In carrying out the duties and responsibilities under this subtitle, the Under Secretary for Intelligence and Analysis shall take into account the views of the heads of the intelligence components of the Department.''. (2) Technical and conforming amendments.-- (A) In general.--Section 201(d) of the Homeland Security Act of 2002 (6 U.S.C. 121(d)) is amended-- (i) by striking paragraph (7); and (ii) by redesignating paragraphs (8) through (19) as paragraphs (7) through (18), respectively. (B) Table of contents.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by inserting after the item relating to section 202 the following: ``Sec. 203. Homeland Security Advisory System. ``Sec. 204. Homeland security information sharing. ``Sec. 205. Comprehensive information technology network architecture. ``Sec. 206. Coordination with information sharing environment.''. (b) Office of Intelligence and Analysis and Office of Infrastructure Protection.--Section 201(d) of the Homeland Security Act of 2002 (6 U.S.C. 121(d)) is amended-- (1) in paragraph (1), by inserting ``, in support of the mission responsibilities of the Department and the functions of the National Counterterrorism Center established under section 119 of the National Security Act of 1947 (50 U.S.C. 404o),'' after ``and to integrate such information''; and (2) by striking paragraph (7), as redesignated by subsection (a)(2)(A)(ii) of this section, and inserting the following: ``(7) To review, analyze, and make recommendations for improvements to the policies and procedures governing the sharing of information within the scope of the information sharing environment established under section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485), including homeland security information, terrorism information, and weapons of mass destruction information, and any policies, guidelines, procedures, instructions, or standards established under that section.''. (c) Report on Comprehensive Information Technology Network Architecture.--Not later than 120 days after the date of enactment of this Act, the Secretary of Homeland Security shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report on the progress of the Secretary in developing the comprehensive information technology network architecture required under section 205 of the Homeland Security Act of 2002, as added by subsection (a). The report shall include: (1) a description of the priorities for the development of the comprehensive information technology network architecture and a rationale for such priorities; (2) an explanation of how the various components of the comprehensive information technology network architecture will work together and interconnect; (3) a description of the technological challenges that the Secretary expects the Office of Intelligence and Analysis will face in implementing the comprehensive information technology network architecture; (4) a description of the technological options that are available or are in development that may be incorporated into the comprehensive information technology network architecture, the feasibility of incorporating such options, and the advantages and disadvantages of doing so; (5) an explanation of any security protections to be developed as part of the comprehensive information technology network architecture; (6) a description of safeguards for civil liberties and privacy to be built into the comprehensive information technology network architecture; and (7) an operational best practices plan. SEC. 502. INTELLIGENCE COMPONENT DEFINED. (a) In General.--Section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101) is amended-- (1) by redesignating paragraphs (9) through (16) as paragraphs (10) through (17), respectively; and (2) by inserting after paragraph (8) the following: ``(9) The term `intelligence component of the Department' means any element or entity of the Department that collects, gathers, processes, analyzes, produces, or disseminates intelligence information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, or national intelligence, as defined under section 3(5) of the National Security Act of 1947 (50 U.S.C. 401a(5)), except-- ``(A) the United States Secret Service; and ``(B) the Coast Guard, when operating under the direct authority of the Secretary of Defense or Secretary of the Navy pursuant to section 3 [[Page H8509]] of title 14, United States Code, except that nothing in this paragraph shall affect or diminish the authority and responsibilities of the Commandant of the Coast Guard to command or control the Coast Guard as an armed force or the authority of the Director of National Intelligence with respect to the Coast Guard as an element of the intelligence community (as defined under section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)).''. (b) Receipt of Information From United States Secret Service.-- (1) In general.--The Under Secretary for Intelligence and Analysis shall receive from the United States Secret Service homeland security information, terrorism information, weapons of mass destruction information (as these terms are defined in Section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485)), or national intelligence, as defined in Section 3(5) of the National Security Act of 1947 (50 U.S.C. 401a(5)), as well as suspect information obtained in criminal investigations. The United States Secret Service shall cooperate with the Under Secretary for Intelligence and Analysis with respect to activities under sections 204 and 205 of the Homeland Security Act of 2002. (2) Savings clause.--Nothing in this Act shall interfere with the operation of Section 3056(g) of Title 18, United States Code, or with the authority of the Secretary of Homeland Security or the Director of the United States Secret Service regarding the budget of the United States Secret Service. (c) Technical and Conforming Amendments.-- (1) Homeland security act of 2002.--Paragraph (13) of section 501 of the Homeland Security Act of 2002 (6 U.S.C. 311), as redesignated by section 401, is amended by striking ``section 2(10)(B)'' and inserting ``section 2(11)(B)''. (2) Other law.--Section 712(a) of title 14, United States Code, is amended by striking ``section 2(15) of the Homeland Security Act of 2002 (6 U.S.C. 101(15))'' and inserting ``section 2(16) of the Homeland Security Act of 2002 (6 U.S.C. 101(16))''. SEC. 503. ROLE OF INTELLIGENCE COMPONENTS, TRAINING, AND INFORMATION SHARING. (a) In General.--Subtitle A of title II of the Homeland Security Act of 2002 is further amended by adding at the end the following: ``SEC. 207. INTELLIGENCE COMPONENTS. ``Subject to the direction and control of the Secretary, and consistent with any applicable guidance issued by the Director of National Intelligence, the responsibilities of the head of each intelligence component of the Department are as follows: ``(1) To ensure that the collection, processing, analysis, and dissemination of information within the scope of the information sharing environment, including homeland security information, terrorism information, weapons of mass destruction information, and national intelligence (as defined in section 3(5) of the National Security Act of 1947 (50 U.S.C. 401a(5))), are carried out effectively and efficiently in support of the intelligence mission of the Department, as led by the Under Secretary for Intelligence and Analysis. ``(2) To otherwise support and implement the intelligence mission of the Department, as led by the Under Secretary for Intelligence and Analysis. ``(3) To incorporate the input of the Under Secretary for Intelligence and Analysis with respect to performance appraisals, bonus or award recommendations, pay adjustments, and other forms of commendation. ``(4) To coordinate with the Under Secretary for Intelligence and Analysis in developing policies and requirements for 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 component that would, if implemented, result in realignments of intelligence functions. ``(6) To ensure that employees of the intelligence 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 activities relating to such responsibilities as the Secretary may provide. ``SEC. 208. TRAINING FOR EMPLOYEES OF INTELLIGENCE COMPONENTS. ``The Secretary shall provide training and guidance for employees, officials, and senior executives of the intelligence components of the Department to develop knowledge of laws, regulations, operations, policies, procedures, and programs that are related to the functions of the Department relating to the collection, processing, analysis, and dissemination of information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, or national intelligence (as defined in section 3(5) of the National Security Act of 1947 (50 U.S.C. 401a(5))). ``SEC. 209. INTELLIGENCE TRAINING DEVELOPMENT FOR STATE AND LOCAL GOVERNMENT OFFICIALS. ``(a) Curriculum.--The Secretary, acting through the Under Secretary for Intelligence and Analysis, shall-- ``(1) develop a curriculum for training State, local, and tribal government officials, including law enforcement officers, intelligence analysts, and other emergency response providers, in the intelligence cycle and Federal laws, practices, and regulations regarding the development, handling, and review of intelligence and other information; and ``(2) ensure that the curriculum includes executive level training for senior level State, local, and tribal law enforcement officers, intelligence analysts, and other emergency response providers. ``(b) Training.--To the extent possible, the Federal Law Enforcement Training Center and other existing Federal entities with the capacity and expertise to train State, local, and tribal government officials based on the curriculum developed under subsection (a) shall be used to carry out the training programs created under this section. If such entities do not have the capacity, resources, or capabilities to conduct such training, the Secretary may approve another entity to conduct such training. ``(c) Consultation.--In carrying out the duties described in subsection (a), the Under Secretary for Intelligence and Analysis shall consult with the Director of the Federal Law Enforcement Training Center, the Attorney General, the Director of National Intelligence, the Administrator of the Federal Emergency Management Agency, and other appropriate parties, such as private industry, institutions of higher education, nonprofit institutions, and other intelligence agencies of the Federal Government. ``SEC. 210. INFORMATION SHARING INCENTIVES. ``(a) Awards.--In making cash awards under chapter 45 of title 5, United States Code, the President or the head of an agency, in consultation with the program manager designated under section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485), may consider the success of an employee in appropriately sharing information within the scope of the information sharing environment established under that section, including homeland security information, terrorism information, and weapons of mass destruction information, or national intelligence (as defined in section 3(5) of the National Security Act of 1947 (50 U.S.C. 401a(5)), in a manner consistent with any policies, guidelines, procedures, instructions, or standards established by the President or, as appropriate, the program manager of that environment for the implementation and management of that environment. ``(b) Other Incentives.--The head of each department or agency described in section 1016(i) of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485(i)), in consultation with the program manager designated under section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485), shall adopt best practices regarding effective ways to educate and motivate officers and employees of the Federal Government to participate fully in the information sharing environment, including-- ``(1) promotions and other nonmonetary awards; and ``(2) publicizing information sharing accomplishments by individual employees and, where appropriate, the tangible end benefits that resulted.''. (b) Clerical Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended further by inserting after the item relating to section 206 the following: ``Sec. 207. Intelligence components. ``Sec. 208. Training for employees of intelligence components. ``Sec. 209. Intelligence training development for State and local government officials. ``Sec. 210. Information sharing incentives.''. SEC. 504. INFORMATION SHARING. Section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485) is amended-- (1) in subsection (a)-- (A) by redesignating paragraphs (1) through (4) as paragraphs (2) through (5), respectively; (B) by inserting before paragraph (2), as so redesignated, the following: ``(1) Homeland security information.--The term `homeland security information' has the meaning given that term in section 892(f) of the Homeland Security Act of 2002 (6 U.S.C. 482(f)).''; (C) by striking paragraph (3), as so redesignated, and inserting the following: ``(3) Information sharing environment.--The terms `information sharing environment' and `ISE' mean an approach that facilitates the sharing of terrorism and homeland security information, which may include any method determined necessary and appropriate for carrying out this section.''. (D) by striking paragraph (5), as so redesignated, and inserting the following: ``(5) Terrorism information.--The term `terrorism information'-- ``(A) means all information, whether collected, produced, or distributed by intelligence, law enforcement, military, homeland security, or other activities relating to-- ``(i) the existence, organization, capabilities, plans, intentions, vulnerabilities, means of finance or material support, or activities of foreign or international terrorist groups or individuals, or of domestic groups or individuals involved in transnational terrorism; ``(ii) threats posed by such groups or individuals to the United States, United States persons, or United States interests, or to those of other nations; ``(iii) communications of or by such groups or individuals; or ``(iv) groups or individuals reasonably believed to be assisting or associated with such groups or individuals; and ``(B) includes weapons of mass destruction information.''; and (E) by adding at the end the following: ``(6) Weapons of mass destruction information.--The term `weapons of mass destruction information' means information that could reasonably be expected to assist in the development, [[Page H8510]] proliferation, or use of a weapon of mass destruction (including a chemical, biological, radiological, or nuclear weapon) that could be used by a terrorist or a terrorist organization against the United States, including information about the location of any stockpile of nuclear materials that could be exploited for use in such a weapon that could be used by a terrorist or a terrorist organization against the United States.''; (2) in subsection (b)(2)-- (A) in subparagraph (H), by striking ``and'' at the end; (B) in subparagraph (I), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: ``(J) integrates the information within the scope of the information sharing environment, including any such information in legacy technologies; ``(K) integrates technologies, including all legacy technologies, through Internet-based services, consistent with appropriate security protocols and safeguards, to enable connectivity among required users at the Federal, State, and local levels; ``(L) allows the full range of analytic and operational activities without the need to centralize information within the scope of the information sharing environment; ``(M) permits analysts to collaborate both independently and in a group (commonly known as `collective and noncollective collaboration'), and across multiple levels of national security information and controlled unclassified information; ``(N) provides a resolution process that enables changes by authorized officials regarding rules and policies for the access, use, and retention of information within the scope of the information sharing environment; and ``(O) incorporates continuous, real-time, and immutable audit capabilities, to the maximum extent practicable.''; (3) in subsection (f)-- (A) in paragraph (1)-- (i) by striking ``during the two-year period beginning on the date of designation under this paragraph unless sooner removed from service and replaced'' and inserting ``until removed from service or replaced''; and (ii) by striking ``The program manager shall have and exercise governmentwide authority.'' and inserting ``The program manager, in consultation with the head of any affected department or agency, shall have and exercise governmentwide authority over the sharing of information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, by all Federal departments, agencies, and components, irrespective of the Federal department, agency, or component in which the program manager may be administratively located, except as otherwise expressly provided by law.''; and (B) in paragraph (2)(A)-- (i) by redesignating clause (iii) as clause (v); and (ii) by striking clause (ii) and inserting the following: ``(ii) assist in the development of policies, as appropriate, to foster the development and proper operation of the ISE; ``(iii) consistent with the direction and policies issued by the President, the Director of National Intelligence, and the Director of the Office of Management and Budget, issue governmentwide procedures, guidelines, instructions, and functional standards, as appropriate, for the management, development, and proper operation of the ISE; ``(iv) identify and resolve information sharing disputes between Federal departments, agencies, and components; and''; (4) in subsection (g)-- (A) in paragraph (1), by striking ``during the two-year period beginning on the date of the initial designation of the program manager by the President under subsection (f)(1), unless sooner removed from service and replaced'' and inserting ``until removed from service or replaced''; (B) in paragraph (2)-- (i) in subparagraph (F), by striking ``and'' at the end; (ii) by redesignating subparagraph (G) as subparagraph (I); and (iii) by inserting after subparagraph (F) the following: ``(G) assist the program manager in identifying and resolving information sharing disputes between Federal departments, agencies, and components; ``(H) identify appropriate personnel for assignment to the program manager to support staffing needs identified by the program manager; and''; (C) in paragraph (4), by inserting ``(including any subsidiary group of the Information Sharing Council)'' before ``shall not be subject''; and (D) by adding at the end the following: ``(5) Detailees.--Upon a request by the Director of National Intelligence, the departments and agencies represented on the Information Sharing Council shall detail to the program manager, on a reimbursable basis, appropriate personnel identified under paragraph (2)(H).''; (5) in subsection (h)(1), by striking ``and annually thereafter'' and inserting ``and not later than June 30 of each year thereafter''; and (6) by striking subsection (j) and inserting the following: ``(j) Report on the Information Sharing Environment.-- ``(1) In general.--Not later than 180 days after the date of enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007, the President shall report to the Committee on Homeland Security and Governmental Affairs of the Senate, the Select Committee on Intelligence of the Senate, the Committee on Homeland Security of the House of Representatives, and the Permanent Select Committee on Intelligence of the House of Representatives on the feasibility of-- ``(A) eliminating the use of any marking or process (including `Originator Control') intended to, or having the effect of, restricting the sharing of information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, between and among participants in the information sharing environment, unless the President has-- ``(i) specifically exempted categories of information from such elimination; and ``(ii) reported that exemption to the committees of Congress described in the matter preceding this subparagraph; and ``(B) continuing to use Federal agency standards in effect on such date of enactment for the collection, sharing, and access to information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, relating to citizens and lawful permanent residents; ``(C) replacing the standards described in subparagraph (B) with a standard that would allow mission-based or threat- based permission to access or share information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, for a particular purpose that the Federal Government, through an appropriate process established in consultation with the Privacy and Civil Liberties Oversight Board established under section 1061, has determined to be lawfully permissible for a particular agency, component, or employee (commonly known as an `authorized use' standard); and ``(D) the use of anonymized data by Federal departments, agencies, or components collecting, possessing, disseminating, or handling information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, in any cases in which-- ``(i) the use of such information is reasonably expected to produce results materially equivalent to the use of information that is transferred or stored in a non-anonymized form; and ``(ii) such use is consistent with any mission of that department, agency, or component (including any mission under a Federal statute or directive of the President) that involves the storage, retention, sharing, or exchange of personally identifiable information. ``(2) Definition.--In this subsection, the term `anonymized data' means data in which the individual to whom the data pertains is not identifiable with reasonable efforts, including information that has been encrypted or hidden through the use of other technology. ``(k) Additional Positions.--The program manager is authorized to hire not more than 40 full-time employees to assist the program manager in-- ``(1) activities associated with the implementation of the information sharing environment, including-- ``(A) implementing the requirements under subsection (b)(2); and ``(B) any additional implementation initiatives to enhance and expedite the creation of the information sharing environment; and ``(2) identifying and resolving information sharing disputes between Federal departments, agencies, and components under subsection (f)(2)(A)(iv). ``(l) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $30,000,000 for each of fiscal years 2008 and 2009.''. Subtitle B--Homeland Security Information Sharing Partnerships SEC. 511. DEPARTMENT OF HOMELAND SECURITY STATE, LOCAL, AND REGIONAL FUSION CENTER INITIATIVE. (a) 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: ``SEC. 210A. DEPARTMENT OF HOMELAND SECURITY STATE, LOCAL, AND REGIONAL FUSION CENTER INITIATIVE. ``(a) Establishment.--The Secretary, in consultation with the program manager of the information sharing environment established under section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485), the Attorney General, the Privacy Officer of the Department, the Officer for Civil Rights and Civil Liberties of the Department, and the Privacy and Civil Liberties Oversight Board established under section 1061 of the Intelligence Reform and Terrorism Prevention Act of 2004 (5 U.S.C. 601 note), shall establish a Department of Homeland Security State, Local, and Regional Fusion Center Initiative to establish partnerships with State, local, and regional fusion centers. ``(b) Department Support and Coordination.--Through the Department of Homeland Security State, Local, and Regional Fusion Center Initiative, and in coordination with the principal officials of participating State, local, or regional fusion centers and the officers designated as the Homeland Security Advisors of the States, the Secretary shall-- ``(1) provide operational and intelligence advice and assistance to State, local, and regional fusion centers; ``(2) support efforts to include State, local, and regional fusion centers into efforts to establish an information sharing environment; ``(3) conduct tabletop and live training exercises to regularly assess the capability of individual and regional networks of State, local, [[Page H8511]] and regional fusion centers to integrate the efforts of such networks with the efforts of the Department; ``(4) coordinate with other relevant Federal entities engaged in homeland security-related activities; ``(5) provide analytic and reporting advice and assistance to State, local, and regional fusion centers; ``(6) review information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, that is gathered by State, local, and regional fusion centers, and to incorporate such information, as appropriate, into the Department's own such information; ``(7) provide management assistance to State, local, and regional fusion centers; ``(8) serve as a point of contact to ensure the dissemination of information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information; ``(9) facilitate close communication and coordination between State, local, and regional fusion centers and the Department; ``(10) provide State, local, and regional fusion centers with expertise on Department resources and operations; ``(11) provide training to State, local, and regional fusion centers and encourage such fusion centers to participate in terrorism threat-related exercises conducted by the Department; and ``(12) carry out such other duties as the Secretary determines are appropriate. ``(c) Personnel Assignment.-- ``(1) In general.--The Under Secretary for Intelligence and Analysis shall, to the maximum extent practicable, assign officers and intelligence analysts from components of the Department to participating State, local, and regional fusion centers. ``(2) Personnel sources.--Officers and intelligence analysts assigned to participating fusion centers under this subsection may be assigned from the following Department components, in coordination with the respective component head and in consultation with the principal officials of participating fusion centers: ``(A) Office of Intelligence and Analysis. ``(B) Office of Infrastructure Protection. ``(C) Transportation Security Administration. ``(D) United States Customs and Border Protection. ``(E) United States Immigration and Customs Enforcement. ``(F) United States Coast Guard. ``(G) Other components of the Department, as determined by the Secretary. ``(3) Qualifying criteria.-- ``(A) In general.--The Secretary shall develop qualifying criteria for a fusion center to participate in the assigning of Department officers or intelligence analysts under this section. ``(B) Criteria.--Any criteria developed under subparagraph (A) may include-- ``(i) whether the fusion center, through its mission and governance structure, focuses on a broad counterterrorism approach, and whether that broad approach is pervasive through all levels of the organization; ``(ii) whether the fusion center has sufficient numbers of adequately trained personnel to support a broad counterterrorism mission; ``(iii) whether the fusion center has-- ``(I) access to relevant law enforcement, emergency response, private sector, open source, and national security data; and ``(II) the ability to share and analytically utilize that data for lawful purposes; ``(iv) whether the fusion center is adequately funded by the State, local, or regional government to support its counterterrorism mission; and ``(v) the relevancy of the mission of the fusion center to the particular source component of Department officers or intelligence analysts. ``(4) Prerequisite.-- ``(A) Intelligence analysis, privacy, and civil liberties training.--Before being assigned to a fusion center under this section, an officer or intelligence analyst shall undergo-- ``(i) appropriate intelligence analysis or information sharing training using an intelligence-led policing curriculum that is consistent with-- ``(I) standard training and education programs offered to Department law enforcement and intelligence personnel; and ``(II) the Criminal Intelligence Systems Operating Policies under part 23 of title 28, Code of Federal Regulations (or any corresponding similar rule or regulation); ``(ii) appropriate privacy and civil liberties training that is developed, supported, or sponsored by the Privacy Officer appointed under section 222 and the Officer for Civil Rights and Civil Liberties of the Department, in consultation with the Privacy and Civil Liberties Oversight Board established under section 1061 of the Intelligence Reform and Terrorism Prevention Act of 2004 (5 U.S.C. 601 note); and ``(iii) such other training prescribed by the Under Secretary for Intelligence and Analysis. ``(B) Prior work experience in area.--In determining the eligibility of an officer or intelligence analyst to be assigned to a fusion center under this section, the Under Secretary for Intelligence and Analysis shall consider the familiarity of the officer or intelligence analyst with the State, locality, or region, as determined by such factors as whether the officer or intelligence analyst-- ``(i) has been previously assigned in the geographic area; or ``(ii) has previously worked with intelligence officials or law enforcement or other emergency response providers from that State, locality, or region. ``(5) Expedited security clearance processing.--The Under Secretary for Intelligence and Analysis-- ``(A) shall ensure that each officer or intelligence analyst assigned to a fusion center under this section has the appropriate security clearance to contribute effectively to the mission of the fusion center; and ``(B) may request that security clearance processing be expedited for each such officer or intelligence analyst and may use available funds for such purpose. ``(6) Further qualifications.--Each officer or intelligence analyst assigned to a fusion center under this section shall satisfy any other qualifications the Under Secretary for Intelligence and Analysis may prescribe. ``(d) Responsibilities.--An officer or intelligence analyst assigned to a fusion center under this section shall-- ``(1) assist law enforcement agencies and other emergency response providers of State, local, and tribal governments and fusion center personnel in using information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, to develop a comprehensive and accurate threat picture; ``(2) review homeland security-relevant information from law enforcement agencies and other emergency response providers of State, local, and tribal government; ``(3) create intelligence and other information products derived from such information and other homeland security- relevant information provided by the Department; and ``(4) assist in the dissemination of such products, as coordinated by the Under Secretary for Intelligence and Analysis, to law enforcement agencies and other emergency response providers of State, local, and tribal government, other fusion centers, and appropriate Federal agencies. ``(e) Border Intelligence Priority.-- ``(1) In general.--The Secretary shall make it a priority to assign officers and intelligence analysts under this section from United States Customs and Border Protection, United States Immigration and Customs Enforcement, and the Coast Guard to participating State, local, and regional fusion centers located in jurisdictions along land or maritime borders of the United States in order to enhance the integrity of and security at such borders by helping Federal, State, local, and tribal law enforcement authorities to identify, investigate, and otherwise interdict persons, weapons, and related contraband that pose a threat to homeland security. ``(2) Border intelligence products.--When performing the responsibilities described in subsection (d), officers and intelligence analysts assigned to participating State, local, and regional fusion centers under this section shall have, as a primary responsibility, the creation of border intelligence products that-- ``(A) assist State, local, and tribal law enforcement agencies in deploying their resources most efficiently to help detect and interdict terrorists, weapons of mass destruction, and related contraband at land or maritime borders of the United States; ``(B) promote more consistent and timely sharing of border security-relevant information among jurisdictions along land or maritime borders of the United States; and ``(C) enhance the Department's situational awareness of the threat of acts of terrorism at or involving the land or maritime borders of the United States. ``(f) Database Access.--In order to fulfill the objectives described under subsection (d), each officer or intelligence analyst assigned to a fusion center under this section shall have appropriate access to all relevant Federal databases and information systems, consistent with any policies, guidelines, procedures, instructions, or standards established by the President or, as appropriate, the program manager of the information sharing environment for the implementation and management of that environment. ``(g) Consumer Feedback.-- ``(1) In general.--The Secretary shall create a voluntary mechanism for any State, local, or tribal law enforcement officer or other emergency response provider who is a consumer of the intelligence or other information products referred to in subsection (d) to provide feedback to the Department on the quality and utility of such intelligence products. ``(2) Report.--Not later than one year after the date of the enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007, and annually thereafter, the Secretary shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report that includes a description of the consumer feedback obtained under paragraph (1) and, if applicable, how the Department has adjusted its production of intelligence products in response to that consumer feedback. ``(h) Rule of Construction.-- ``(1) In general.--The authorities granted under this section shall supplement the authorities granted under section 201(d) and nothing in this section shall be construed to abrogate the authorities granted under section 201(d). ``(2) Participation.--Nothing in this section shall be construed to require a State, local, or regional government or entity to accept the assignment of officers or intelligence analysts of the Department into the fusion center of that State, locality, or region. ``(i) Guidelines.--The Secretary, in consultation with the Attorney General, shall establish guidelines for fusion centers created and operated by State and local governments, to include standards that any such fusion center shall-- ``(1) collaboratively develop a mission statement, identify expectations and goals, measure performance, and determine effectiveness for that fusion center; ``(2) create a representative governance structure that includes law enforcement officers and [[Page H8512]] other emergency response providers and, as appropriate, the private sector; ``(3) create a collaborative environment for the sharing of intelligence and information among Federal, State, local, and tribal government agencies (including law enforcement officers and other emergency response providers), the private sector, and the public, consistent with any policies, guidelines, procedures, instructions, or standards established by the President or, as appropriate, the program manager of the information sharing environment; ``(4) leverage the databases, systems, and networks available from public and private sector entities, in accordance with all applicable laws, to maximize information sharing; ``(5) develop, publish, and adhere to a privacy and civil liberties policy consistent with Federal, State, and local law; ``(6) provide, in coordination with the Privacy Officer of the Department and the Officer for Civil Rights and Civil Liberties of the Department, appropriate privacy and civil liberties training for all State, local, tribal, and private sector representatives at the fusion center; ``(7) ensure appropriate security measures are in place for the facility, data, and personnel; ``(8) select and train personnel based on the needs, mission, goals, and functions of that fusion center; ``(9) offer a variety of intelligence and information services and products to recipients of fusion center intelligence and information; and ``(10) incorporate law enforcement officers, other emergency response providers, and, as appropriate, the private sector, into all relevant phases of the intelligence and fusion process, consistent with the mission statement developed under paragraph (1), either through full time representatives or liaison relationships with the fusion center to enable the receipt and sharing of information and intelligence. ``(j) Definitions.--In this section-- ``(1) the term `fusion center' means a collaborative effort of 2 or more Federal, State, local, or tribal government agencies that combines resources, expertise, or information with the goal of maximizing the ability of such agencies to detect, prevent, investigate, apprehend, and respond to criminal or terrorist activity; ``(2) the term `information sharing environment' means the information sharing environment established under section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485); ``(3) the term `intelligence analyst' means an individual who regularly advises, administers, supervises, or performs work in the collection, gathering, analysis, evaluation, reporting, production, or dissemination of information on political, economic, social, cultural, physical, geographical, scientific, or military conditions, trends, or forces in foreign or domestic areas that directly or indirectly affect national security; ``(4) the term `intelligence-led policing' means the collection and analysis of information to produce an intelligence end product designed to inform law enforcement decision making at the tactical and strategic levels; and ``(5) the term `terrorism information' has the meaning given that term in section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485). ``(k) Authorization of Appropriations.--There is authorized to be appropriated $10,000,000 for each of fiscal years 2008 through 2012, to carry out this section, except for subsection (i), including for hiring officers and intelligence analysts to replace officers and intelligence analysts who are assigned to fusion centers under this section.''. (b) Training for Predeployed Officers and Analysts.--An officer or analyst assigned to a fusion center by the Secretary of Homeland Security before the date of the enactment of this Act shall undergo the training described in section 210A(c)(4)(A) of the Homeland Security Act of 2002, as added by subsection (a), by not later than six months after such date. (c) Technical and Conforming Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is further amended by inserting after the item relating to section 210 the following: ``Sec. 210A.Department of Homeland Security State, Local, and Regional Information Fusion Center Initiative.''. (d) Reports.-- (1) Concept of operations.--Not later than 90 days after the date of enactment of this Act and before the Department of Homeland Security State, Local, and Regional Fusion Center Initiative under section 210A of the Homeland Security Act of 2002, as added by subsection (a), (in this section referred to as the ``program'') has been implemented, the Secretary, in consultation with the Privacy Officer of the Department, the Officer for Civil Rights and Civil Liberties of the Department, and the Privacy and Civil Liberties Oversight Board established under section 1061 of the Intelligence Reform and Terrorism Prevention Act of 2004 (5 U.S.C. 601 note), shall submit to the Committee on Homeland Security and Governmental 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 program, which shall-- (A) include a clear articulation of the purposes, goals, and specific objectives for which the program is being developed; (B) identify stakeholders in the program and provide an assessment of their needs; (C) contain a developed set of quantitative metrics to measure, to the extent possible, program output; (D) contain a developed set of qualitative instruments (including surveys and expert interviews) to assess the extent to which stakeholders believe their needs are being met; and (E) include a privacy and civil liberties impact assessment. (2) Privacy and civil liberties.--Not later than 1 year after the date of the enactment of this Act, the Privacy Officer of the Department of Homeland Security and the Officer for Civil Liberties and Civil Rights of the Department of Homeland Security, consistent with any policies of the Privacy and Civil Liberties Oversight Board established under section 1061 of the Intelligence Reform and Terrorism Prevention Act of 2004 (5 U.S.C. 601 note), shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives, the Secretary of Homeland Security, the Under Secretary of Homeland Security for Intelligence and Analysis, and the Privacy and Civil Liberties Oversight Board a report on the privacy and civil liberties impact of the program. SEC. 512. 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: ``SEC. 210B. HOMELAND SECURITY INFORMATION SHARING FELLOWS PROGRAM. ``(a) Establishment.-- ``(1) In general.--The Secretary, acting through the Under Secretary for Intelligence and Analysis, and in consultation with the Chief Human Capital Officer, shall establish a fellowship program in accordance with this section for the purpose of-- ``(A) detailing State, local, and tribal law enforcement officers and intelligence analysts to the Department in accordance with subchapter VI of chapter 33 of title 5, United States Code, to participate in the work of the Office of Intelligence and Analysis in order to become familiar with-- ``(i) the relevant missions and capabilities of the Department and other Federal agencies; and ``(ii) the role, programs, products, and personnel of the Office of Intelligence and Analysis; and ``(B) promoting information sharing between the Department and State, local, and tribal law enforcement officers and intelligence analysts by assigning such officers and analysts to-- ``(i) serve as a point of contact in the Department to assist in the representation of State, local, and tribal information requirements; ``(ii) identify information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, that is of interest to State, local, and tribal law enforcement officers, intelligence analysts, and other emergency response providers; ``(iii) assist Department analysts in preparing and disseminating products derived from information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, that are tailored to State, local, and tribal law enforcement officers and intelligence analysts and designed to prepare for and thwart acts of terrorism; and ``(iv) assist Department analysts in preparing products derived from information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, that are tailored to State, local, and tribal emergency response providers and assist in the dissemination of such products through appropriate Department channels. ``(2) Program name.--The program under this section shall be known as the `Homeland Security Information Sharing Fellows Program'. ``(b) Eligibility.-- ``(1) In general.--In order to be eligible for selection as an Information Sharing Fellow under the program under this section, an individual shall-- ``(A) have homeland security-related responsibilities; ``(B) be eligible for an appropriate security clearance; ``(C) possess a valid need for access to classified information, as determined by the Under Secretary for Intelligence and Analysis; ``(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 Liberties, in consultation with the Privacy and Civil Liberties Oversight Board established under section 1061 of the Intelligence Reform and Terrorism Prevention Act of 2004 (5 U.S.C. 601 note). ``(2) Eligible entities.--In this subsection, the term `eligible entity' means-- ``(A) a State, local, or regional fusion center; ``(B) a State or local law enforcement or other government entity that serves a major metropolitan area, suburban area, or rural area, as determined by the Secretary; ``(C) a State or local law enforcement or other government entity with port, border, or agricultural responsibilities, as determined by the Secretary; ``(D) a tribal law enforcement or other authority; or ``(E) such other entity as the Secretary determines 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 Information Sharing Fellows Program. ``(d) Procedures for Nomination and Selection.-- ``(1) In general.--The Under Secretary for Intelligence and Analysis shall establish procedures to provide for the nomination and selection of individuals to participate in the Homeland Security Information Sharing Fellows Program. [[Page H8513]] ``(2) Limitations.--The Under Secretary for Intelligence and Analysis 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 Information Sharing Fellows selected does not impede the activities of the Office of Intelligence and Analysis.''. (b) Technical and Conforming Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is further amended by inserting after the item relating to section 210A the following: ``Sec. 210B. Homeland Security Information Sharing Fellows Program.''. (c) Reports.-- (1) Concept of operations.--Not later than 90 days after the date of enactment of this Act, and before the implementation of the Homeland Security Information Sharing Fellows Program under section 210B of the Homeland Security Act of 2002, as added by subsection (a), (in this section referred to as the ``Program'') the Secretary, in consultation with the Privacy Officer of the Department, the Officer for Civil Rights and Civil Liberties of the Department, and the Privacy and Civil Liberties Oversight Board established under section 1061 of the Intelligence Reform and Terrorism Prevention Act of 2004 (5 U.S.C. 601 note), shall submit to the Committee on Homeland Security and Governmental 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 Program, which shall include a privacy and civil liberties impact assessment. (2) Review of privacy impact.--Not later than 1 year after the date on which the program is implemented, the Privacy Officer of the Department and the Officer for Civil Rights and Civil Liberties of the Department, consistent with any policies of the Privacy and Civil Liberties Oversight Board established under section 1061 of the Intelligence Reform and Terrorism Prevention Act of 2004 (5 U.S.C. 601 note), shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives, the Secretary of Homeland Security, the Under Secretary of Homeland Security for Intelligence and Analysis, and the Privacy and Civil Liberties Oversight Board, a report on the privacy and civil liberties impact of the program. SEC. 513. RURAL POLICING INSTITUTE. (a) Establishment.--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: ``SEC. 210C. RURAL POLICING INSTITUTE. ``(a) In General.--The Secretary shall establish a Rural Policing Institute, which shall be administered by the Federal Law Enforcement Training Center, to target training to law enforcement agencies and other emergency response providers located in rural areas. The Secretary, through the Rural Policing Institute, shall-- ``(1) evaluate the needs of law enforcement agencies and other emergency response providers in rural areas; ``(2) develop expert training programs designed to address the needs of law enforcement agencies and other emergency response providers in rural areas as identified in the evaluation conducted under paragraph (1), including training programs about intelligence-led policing and protections for privacy, civil rights, and civil liberties; ``(3) provide the training programs developed under paragraph (2) to law enforcement agencies and other emergency response providers in rural areas; and ``(4) conduct outreach efforts to ensure that local and tribal governments in rural areas are aware of the training programs developed under paragraph (2) so they can avail themselves of such programs. ``(b) Curricula.--The training at the Rural Policing Institute established under subsection (a) shall-- ``(1) be configured in a manner so as not to duplicate or displace any law enforcement or emergency response program of the Federal Law Enforcement Training Center or a local or tribal government entity in existence on the date of enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007; and ``(2) to the maximum extent practicable, be delivered in a cost-effective manner at facilities of the Department, on closed military installations with adequate training facilities, or at facilities operated by the participants. ``(c) Definition.--In this section, the term `rural' means an area that is not located in a metropolitan statistical area, as defined by the Office of Management and Budget. ``(d) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section (including for contracts, staff, and equipment)-- ``(1) $10,000,000 for fiscal year 2008; and ``(2) $5,000,000 for each of fiscal years 2009 through 2013.''. (b) Clerical Amendment.--The table of contents in section 1(b) of such Act is further amended by inserting after the item relating to section 210B the following: ``Sec. 210C. Rural Policing Institute.''. Subtitle C--Interagency Threat Assessment and Coordination Group SEC. 521. INTERAGENCY THREAT ASSESSMENT AND COORDINATION GROUP. (a) Establishment.--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: ``SEC. 210D. INTERAGENCY THREAT ASSESSMENT AND COORDINATION GROUP. ``(a) In General.--To improve the sharing of information within the scope of the information sharing environment established under section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485) with State, local, tribal, and private sector officials, the Director of National Intelligence, through the program manager for the information sharing environment, in coordination with the Secretary, shall coordinate and oversee the creation of an Interagency Threat Assessment and Coordination Group (referred to in this section as the `ITACG'). ``(b) Composition of ITACG.--The ITACG shall consist of-- ``(1) an ITACG Advisory Council to set policy and develop processes for the integration, analysis, and dissemination of federally-coordinated information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information; and ``(2) an ITACG Detail comprised of State, local, and tribal homeland security and law enforcement officers and intelligence analysts detailed to work in the National Counterterrorism Center with Federal intelligence analysts for the purpose of integrating, analyzing, and assisting in the dissemination of federally-coordinated information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, through appropriate channels identified by the ITACG Advisory Council. ``(c) Responsibilities of Program Manager.--The program manager, in consultation with the Information Sharing Council, shall-- ``(1) monitor and assess the efficacy of the ITACG; and ``(2) not later than 180 days after the date of the enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007, and at least annually thereafter, submit to the Secretary, the Attorney General, the Director of National Intelligence, the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report on the progress of the ITACG. ``(d) Responsibilities of Secretary.--The Secretary, or the Secretary's designee, in coordination with the Director of the National Counterterrorism Center and the ITACG Advisory Council, shall-- ``(1) create policies and standards for the creation of information products derived from information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, that are suitable for dissemination to State, local, and tribal governments and the private sector; ``(2) evaluate and develop processes for the timely dissemination of federally-coordinated information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, to State, local, and tribal governments and the private sector; ``(3) establish criteria and a methodology for indicating to State, local, and tribal governments and the private sector the reliability of information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, disseminated to them; ``(4) educate the intelligence community about the requirements of the State, local, and tribal homeland security, law enforcement, and other emergency response providers regarding information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information; ``(5) establish and maintain the ITACG Detail, which shall assign an appropriate number of State, local, and tribal homeland security and law enforcement officers and intelligence analysts to work in the National Counterterrorism Center who shall-- ``(A) educate and advise National Counterterrorism Center intelligence analysts about the requirements of the State, local, and tribal homeland security and law enforcement officers, and other emergency response providers regarding information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information; ``(B) assist National Counterterrorism Center intelligence analysts in integrating, analyzing, and otherwise preparing versions of products derived from information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information that are unclassified or classified at the lowest possible level and suitable for dissemination to State, local, and tribal homeland security and law enforcement agencies in order to help deter and prevent terrorist attacks; ``(C) implement, in coordination with National Counterterrorism Center intelligence analysts, the policies, processes, procedures, standards, and guidelines developed by the ITACG Advisory Council; ``(D) assist in the dissemination of products derived from information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, to State, local, and tribal jurisdictions only through appropriate channels identified by the ITACG Advisory Council; and ``(E) report directly to the senior intelligence official from the Department under paragraph (6); [[Page H8514]] ``(6) detail a senior intelligence official from the Department of Homeland Security to the National Counterterrorism Center, who shall-- ``(A) manage the day-to-day operations of the ITACG Detail; ``(B) report directly to the Director of the National Counterterrorism Center or the Director's designee; and ``(C) in coordination with the Director of the Federal Bureau of Investigation, and subject to the approval of the Director of the National Counterterrorism Center, select a deputy from the pool of available detailees from the Federal Bureau of Investigation in the National Counterterrorism Center; and ``(7) establish, within the ITACG Advisory Council, a mechanism to select law enforcement officers and intelligence analysts for placement in the National Counterterrorism Center consistent with paragraph (5), using criteria developed by the ITACG Advisory Council that shall encourage participation from a broadly representative group of State, local, and tribal homeland security and law enforcement agencies. ``(e) Membership.--The Secretary, or the Secretary's designee, shall serve as the chair of the ITACG Advisory Council, which shall include-- ``(1) representatives of-- ``(A) the Department; ``(B) the Federal Bureau of Investigation; ``(C) the National Counterterrorism Center; ``(D) the Department of Defense; ``(E) the Department of Energy; ``(F) the Department of State; and ``(G) other Federal entities as appropriate; ``(2) the program manager of the information sharing environment, designated under section 1016(f) of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485(f)), or the program manager's designee; and ``(3) executive level law enforcement and intelligence officials from State, local, and tribal governments. ``(f) Criteria.--The Secretary, in consultation with the Director of National Intelligence, the Attorney General, and the program manager of the information sharing environment established under section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485), shall-- ``(1) establish procedures for selecting members of the ITACG Advisory Council and for the proper handling and safeguarding of products derived from information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, by those members; and ``(2) ensure that at least 50 percent of the members of the ITACG Advisory Council are from State, local, and tribal governments. ``(g) Operations.-- ``(1) In general.--Beginning not later than 90 days after the date of enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007, the ITACG Advisory Council shall meet regularly, but not less than quarterly, at the facilities of the National Counterterrorism Center of the Office of the Director of National Intelligence. ``(2) Management.--Pursuant to section 119(f)(E) of the National Security Act of 1947 (50 U.S.C. 404o(f)(E)), the Director of the National Counterterrorism Center, acting through the senior intelligence official from the Department of Homeland Security detailed pursuant to subsection (d)(6), shall ensure that-- ``(A) the products derived from information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, prepared by the National Counterterrorism Center and the ITACG Detail for distribution to State, local, and tribal homeland security and law enforcement agencies reflect the requirements of such agencies and are produced consistently with the policies, processes, procedures, standards, and guidelines established by the ITACG Advisory Council; ``(B) in consultation with the ITACG Advisory Council and consistent with sections 102A(f)(1)(B)(iii) and 119(f)(E) of the National Security Act of 1947 (50 U.S.C. 402 et seq.), all products described in subparagraph (A) are disseminated through existing channels of the Department and the Department of Justice and other appropriate channels to State, local, and tribal government officials and other entities; ``(C) all detailees under subsection (d)(5) have appropriate access to all relevant information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, available at the National Counterterrorism Center in order to accomplish the objectives under that paragraph; ``(D) all detailees under subsection (d)(5) have the appropriate security clearances and are trained in the procedures for handling, processing, storing, and disseminating classified products derived from information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information; and ``(E) all detailees under subsection (d)(5) complete appropriate privacy and civil liberties training. ``(h) Inapplicability of the Federal Advisory Committee Act.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the ITACG or any subsidiary groups thereof. ``(i) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary for each of fiscal years 2008 through 2012 to carry out this section, including to obtain security clearances for the State, local, and tribal participants in the ITACG.''. (b) Clerical Amendment.--The table of contents in section 1(b) of such Act is amended by inserting after the item relating to section 210C the following: ``Sec. 210D. Interagency Threat Assessment and Coordination Group.''. (c) Privacy and Civil Liberties Impact Assessment.--Not later than 90 days after the date of the enactment of this Act, the Privacy Officer and the Officer for Civil Rights and Civil Liberties of the Department of Homeland Security and the Chief Privacy and Civil Liberties Officer for the Department of Justice, in consultation with the Civil Liberties Protection Officer of the Office of the Director of National Intelligence, shall submit to the Secretary of Homeland Security, the Director of the Federal Bureau of Investigation, the Attorney General, the Director of the National Counterterrorism Center, the Director of National Intelligence, the Privacy and Civil Liberties Oversight Board, and the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Homeland Security 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, a privacy and civil liberties impact assessment of the Interagency Threat Assessment and Coordination Group under section 210D of the Homeland Security Act of 2002, as added by subsection (a), including the use of State, local, and tribal detailees at the National Counterterrorism Center, as described in subsection (d)(5) of that section. Subtitle D--Homeland Security Intelligence Offices Reorganization SEC. 531. OFFICE OF INTELLIGENCE AND ANALYSIS AND OFFICE OF INFRASTRUCTURE PROTECTION. (a) In General.--Section 201 of the Homeland Security Act of 2002 (6 U.S.C. 201) is amended-- (1) in the section heading, by striking ``directorate for information'' and inserting ``information and''; (2) by striking subsections (a) through (c) and inserting the following: ``(a) Intelligence and Analysis and Infrastructure Protection.--There shall be in the Department an Office of Intelligence and Analysis and an Office of Infrastructure Protection. ``(b) Under Secretary for Intelligence and Analysis and Assistant Secretary for Infrastructure Protection.-- ``(1) Office of intelligence and analysis.--The Office of Intelligence and Analysis shall be headed by an Under Secretary for Intelligence and Analysis, who shall be appointed by the President, by and with the advice and consent of the Senate. ``(2) Chief intelligence officer.--The Under Secretary for Intelligence and Analysis shall serve as the Chief Intelligence Officer of the Department. ``(3) Office of infrastructure protection.--The Office of Infrastructure Protection shall be headed by an Assistant Secretary for Infrastructure Protection, who shall be appointed by the President. ``(c) Discharge of Responsibilities.--The Secretary shall ensure that the responsibilities of the Department relating to information analysis and infrastructure protection, including those described in subsection (d), are carried out through the Under Secretary for Intelligence and Analysis or the Assistant Secretary for Infrastructure Protection, as appropriate.''; (3) in subsection (d)-- (A) in the subsection heading, by striking ``Under Secretary'' and inserting ``Secretary Relating To Intelligence and Analysis and Infrastructure Protection''; (B) in the matter preceding paragraph (1), by striking ``Subject to the direction'' and all that follows through ``Infrastructure Protection'' and inserting the following: ``The responsibilities of the Secretary relating to intelligence and analysis and infrastructure protection''; (C) in paragraph (9), as redesignated under section 510(a)(2)(A)(ii), by striking ``Director of Central Intelligence'' and inserting ``Director of National Intelligence''; (D) in paragraph (11)(B), as so redesignated, by striking ``Director of Central Intelligence'' and inserting ``Director of National Intelligence''; (E) by redesignating paragraph (18), as so redesignated, as paragraph (24); and (F) by inserting after paragraph (17), as so redesignated, the following: ``(18) To coordinate and enhance integration among the intelligence components of the Department, including through strategic oversight of the intelligence activities of such components. ``(19) To establish the intelligence collection, processing, analysis, and dissemination priorities, policies, processes, standards, guidelines, and procedures for the intelligence components of the Department, consistent with any directions from the President and, as applicable, the Director of National Intelligence. ``(20) To establish a structure and process to support the missions and goals of the intelligence components of the Department. ``(21) To ensure that, whenever possible, the Department-- ``(A) produces and disseminates unclassified reports and analytic products based on open-source information; and ``(B) produces and disseminates such reports and analytic products contemporaneously with reports or analytic products concerning the same or similar information that the Department produced and disseminated in a classified format. ``(22) To establish within the Office of Intelligence and Analysis an internal continuity of operations plan. ``(23) Based on intelligence priorities set by the President, and guidance from the Secretary and, as appropriate, the Director of National Intelligence-- ``(A) to provide to the heads of each intelligence component of the Department guidance [[Page H8515]] for developing the budget pertaining to the activities of such component; and ``(B) to present to the Secretary a recommendation for a consolidated budget for the intelligence components of the Department, together with any comments from the heads of such components.''; (4) in subsection (e)(1)-- (A) by striking ``Directorate'' the first place that term appears and inserting ``Office of Intelligence and Analysis and the Office of Infrastructure Protection''; and (B) by striking ``the Directorate in discharging'' and inserting ``such offices in discharging''; (5) in subsection (f)(1), by striking ``Directorate'' and inserting ``Office of Intelligence and Analysis and the Office of Infrastructure Protection''; and (6) In subsection (g), in the matter preceding paragraph (1), by striking ``Under Secretary for Information Analysis and Infrastructure Protection'' and inserting ``Office of Intelligence and Analysis and the Office of Infrastructure Protection''. (b) Technical and Conforming Amendments.-- (1) In general.--Such Act is further amended-- (A) in section 223, by striking ``Under Secretary for Information Analysis and Infrastructure Protection'' and inserting ``Under Secretary for Intelligence and Analysis, in cooperation with the Assistant Secretary for Infrastructure Protection''; (B) in section 224, by striking ``Under Secretary for Information Analysis and Infrastructure Protection'' and inserting ``Assistant Secretary for Infrastructure Protection''; (C) in section 302(3), by striking ``Under Secretary for Information Analysis and Infrastructure Protection'' and inserting ``Under Secretary for Intelligence and Analysis and the Assistant Secretary for Infrastructure Protection''; and (D) in section 521(d)-- (i) in paragraph (1), by striking ``Directorate for Information Analysis and Infrastructure Protection'' and inserting ``Office of Intelligence and Analysis''; and (ii) in paragraph (2), by striking ``Under Secretary for Information Analysis and Infrastructure Protection'' and inserting ``Under Secretary for Intelligence and Analysis''. (2) Additional under secretary.--Section 103(a) of the Homeland Security Act of 2002 (6 U.S.C. 113(a)) is amended-- (A) by redesignating paragraphs (8) and (9) as paragraphs (9) and (10), respectively; and (B) by inserting after paragraph (7) the following: ``(8) An Under Secretary responsible for overseeing critical infrastructure protection, cybersecurity, and other related programs of the Department.''. (3) Heading.--Subtitle A of title II of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.) is amended in the subtitle heading by striking ``Directorate for Information'' and inserting ``Information and''. (4) Table of contents.--The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended in the table of contents in section 1(b)-- (A) by striking the items relating to subtitle A of title II and section 201 and inserting the following: ``Subtitle A--Information and Analysis and Infrastructure Protection; Access to Information ``Sec. 201. Information and Analysis and Infrastructure Protection.''; and (5) 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 of Homeland Security for Intelligence and Analysis.''. (c) Treatment of Incumbent.--The individual administratively performing the duties of the Under Secretary for Intelligence and Analysis as of the date of the enactment of this Act may continue to perform such duties after the date on which the President nominates an individual to serve as the Under Secretary pursuant to section 201 of the Homeland Security Act of 2002, as amended by this section, and until the individual so appointed assumes the duties of the position Subtitle E--Authorization of Appropriations SEC. 541. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated for each of fiscal years 2008 through 2012 such sums as may be necessary to carry out this title and the amendments made by this title.Conference Report (H. Rept. 110-259) [...] TITLE V--IMPROVING INTELLIGENCE AND INFORMATION SHARING WITHIN THE FEDERAL GOVERNMENT AND WITH STATE, LOCAL, AND TRIBAL GOVERNMENTS Section 501. Homeland security information sharing Section 723 of the House bill includes several provisions to improve homeland security information sharing. Among other things, it directs the Secretary of Homeland Security (the Secretary), acting through the Under Secretary for Intelligence and Analysis, to establish a comprehensive information technology network architecture for the Department of Homeland Security's (the Department or DHS) Office of Intelligence and Analysis; requires the Secretary to submit an implementation plan and progress report to Congress in order to monitor the development of that architecture; and encourages its developers to adopt the functions, methods, policies, and network qualities recommended by the Markle Foundation. There is no comparable Senate provision. The Conference substitute adopts the House provision, with modifications. It deletes the reference to an implementation plan for the comprehensive information technology network architecture and instead includes new text to reflect the purpose of that architecture: to connect the various databases and related information technology assets of the Office of Intelligence and Analysis and the intelligence components of the Department in order to promote internal information sharing within the Department. The Conference substitute likewise deletes references to the Markle Foundation. The Conference nevertheless concurs that the architecture in question should, to the extent possible, incorporate the approaches, features, and functions of the information sharing network proposed by the Markle Foundation in reports issued in October 2002 and December 2003, known as the System-wide Homeland Security Analysis and Resource Exchange (SHARE) Network. The Conference substitute also directs the Secretary to designate ``Information Sharing and Knowledge Management Officers'' within each intelligence component to coordinate information sharing efforts and assist the Secretary with the development of feedback mechanisms to State, local, tribal, and private sector entities. The Conference concurs that the Department's outreach to State, local, and tribal intelligence and law enforcement officials has been haphazard and often accompanied by less than timely results. While it can point to many successful examples of coordination and collaboration with State, local, tribal, and private sector officials, the Office of Intelligence and Analysis must increase its involvement with them and appropriately incorporate their non-Federal information into the Department's intelligence products. In addition, it is essential that the Department provide feedback to these non- Federal partners--both to encourage their contributions going forward and to provide helpful guidance for future contributions. The information sharing and knowledge management officers under this section should play a key role in helping to address these gaps. Section 502. Intelligence component defined Section 723 of the House bill defines ``intelligence component of the Department'' as ``any directorate, agency, or element of the Department that gathers, receives, analyzes, produces, or disseminates homeland security information'' except: (1) ``a directorate, agency, or element of the Department that is required to be maintained as a distinct entity'' under the Homeland Security Act of 2002 (6 U.S.C. 101); and (2) ``any personnel security, physical security, document security, or communications security program within any directorate, agency, or element of the Department.'' Although Section 111 of the Senate bill includes a similar definition for ``intelligence component of the Department,'' it does not include either of the two exceptions enumerated by the House provision. The Conference substitute adopts the House provision, with modifications. In order to capture all of the intelligence information being gathered, received, analyzed, produced, or disseminated that might qualify an element or entity of the Department as an ``intelligence component,'' the Conference has chosen to refer to that universe of information as ``intelligence information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, or national intelligence * * *'' This phrase appears numerous times throughout the Conference substitute. The Conference is aware that the Conference substitute defines ``terrorism information'' to include ``weapons of mass destruction information'' in section 504 of the Conference substitute. The Conference, nevertheless, has included both terms when describing ``intelligence information within the scope of the information sharing environment'' for illustrative purposes. This phrase should not be interpreted to give the term ``weapons of mass destruction information'' any meaning other than the definition for it provided in section 504 of the Conference substitute. The Conference substitute establishes the position of Under Secretary for Intelligence and Analysis to replace the Assistant Secretary for Information Analysis, commonly known as the Department's Chief Intelligence Officer. The Under Secretary shall also serve as the Department's Chief Intelligence Officer. Through the Secretary, the Under Secretary shall be given new responsibilities, in addition to those of the Assistant Secretary for Information Analysis, in order to drive a common intelligence mission at the Department that involves the full participation of the Department's intelligence components. The Conference substitute carves out the United States Secret Service from the definition of ``intelligence component of the Department'' entirely. Subsection (b) nevertheless would require that the Secret Service share all homeland security information, terrorism information, weapons of mass destruction information, national intelligence, or suspect information obtained in criminal investigations with the Under Secretary for Intelligence and Analysis. In addition, the United States Secret Service will cooperate with the Under Secretary concerning information sharing and information technology activities outlined in sections 204 and 205 of the Homeland Security Act of 2002. The Conference also expects that the Secret Service will provide training and guidance to its employees, officials, and senior executives in a manner that is comparable to the training provided to intelligence component personnel under section 208 of the Homeland Security Act of 2002. The Conference intends that the United States Secret Service should participate to the fullest extent in the integration and management of the intelligence enterprise of the Department. Given unique operational equities of the United States Secret Service, however, the Conference does not believe that it is appropriate to specifically identify the United States Secret Service as an ``intelligence component'' of the Department. The provision also clarifies that nothing in this Act interferes with the position of the United States Secret Service as a ``distinct entity'' within the Department. Subsection (b) carves out the Coast Guard from the definition of ``intelligence component of the Department'' when it is engaged in certain activities or acting under or pursuant to particular authorities. The Conference concurs that nothing in this section shall provide the Under Secretary for Intelligence and Analysis with operational or other tasking authority over the Coast Guard. The Conference nevertheless believes that the Coast Guard should collaborate and participate in the intelligence enterprise of the Department of Homeland Security. Section 503. Role of intelligence components, training, and information sharing Section 742 of the House bill delineates several key responsibilities for the head of each intelligence component of the Department regarding support for, and coordination and cooperation with, the Under Secretary for Intelligence and Analysis in the areas of acquisition, analysis, and dissemination of homeland security information; performance appraisals, bonus or award recommendations, pay adjustments, and other forms of commendation; recruitment and selection of intelligence officials of intelligence components detailed to the Office of Intelligence and Analysis; reorganization and restructuring of intelligence components; and program and policy compliance. Section 114 of the Senate bill, in turn, establishes information sharing incentives for employees and officers across the Federal Government by providing the President and agency heads with the discretion to consider, when making cash awards for outstanding performance, an employee's or officer's success in sharing information within the scope of the information sharing environment (ISE) described in Section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485). It also requires agency and department heads to adopt best [[Page H8577]] practices to educate and motivate employees and officers to participate fully in that environment--through, among other things, promotions, other nonmonetary awards, and recognition for a job well done. The Conference substitute combines the House and Senate provisions, with modifications. The Conference concurs that creating these additional responsibilities for the heads of the intelligence components will institute a clearer relationship between the Under Secretary for Intelligence and Analysis and the intelligence components of the Department. Successful implementation of this section should result in a strengthened departmental intelligence capability allowing information and intelligence to be seamlessly fused into intelligence products that are truly National. It would integrate information obtained at America's land and maritime borders; from State and local governments; and including intelligence on ports, mass transit facilities, chemical plants, and other critical infrastructure. While the Department has taken many solid steps in this direction since the completion of the Second Stage Review in July 2005, the Conference believes that the Secretary must redouble efforts to better integrate the intelligence components of the Department internally. The Conference notes that one of the greatest challenges to establishing the ISE is conveying its importance to employees and officers across the Federal Government who are being asked to do something new and--in many cases--foreign to them. Incentives will motivate many such employees and officers to educate themselves about the guidelines, instructions, policies, procedures, and standards that are applicable to the ISE and how their particular agency or department is incorporating them into its culture. The Conference observes, however, that nothing in this section should be construed to prohibit an agency or department head, in consultation with the program manager of the ISE under section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485) (``ISE Program Manager''), from prescribing appropriate penalties for failing to participate fully in the ISE. Section 504. Information sharing There is no comparable House provision. Section 112 of the Senate bill amends section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 by broadening the definition of ``terrorism information'' to include both homeland security information and weapons of mass destruction information and by defining ``weapons of mass destruction information.'' Senate Section 112 likewise eliminates the temporary terms of both the ISE Program Manager and the Information Sharing Council, set to expire in April 2007, and makes them permanent. Additionally, it enhances the ISE Program Manager's government-wide authority not only by clarifying the Program Manager's existing authority over the information sharing activities of Federal agencies but also by establishing new authorities to (1) issue government-wide information sharing standards; (2) identify and resolve information sharing disputes; and (3) identify to the Director of National Intelligence appropriate personnel from agencies represented on the Information Sharing Council for detail assignments to the Program Manager to support staffing needs. Senate Section 112 also authorizes up to 40 FTEs and $30,000,000 in each of the next two fiscal years to support the Program Manager. Finally, it requires the government to report on the feasibility of eliminating Originator Control markings, adopting an authorized use standard for information sharing, and using anonymized data to promote information sharing. The Conference substitute adopts the Senate provision, with modifications. Among other things, it excludes ``homeland security information'', as defined in Section 892(f) of the Homeland Security Act of 2002, from the definition of ``terrorism information''. The specialized missions of the Department create for it a unique role within the larger Intelligence Community that requires, among other things, specific information for preventing, interdicting, and disrupting terrorist activity and securing the homeland in the aftermath of a terrorist attack. Accordingly, the Conferees concur that ``homeland security information'' is sufficiently distinct from the more broadly defined ``terrorism information'' to merit keeping the definitions separate. Section 511. Department of Homeland Security State, Local, and Regional Fusion Center initiative Section 732 of the House bill directs the Secretary to establish a DHS State, Local, and Regional Fusion Center Initiative to coordinate the Department's intelligence efforts with State, local, and regional fusion centers; assist fusion centers with carrying out their homeland security duties; facilitate information sharing efforts between fusion centers and the Department; encourage nationwide and integrated information sharing among fusion centers themselves; and incorporate robust privacy and civil liberties safeguards and training into fusion center operations. Section 121 of the Senate bill contains comparable language. The Conference concurs that the DHS State, Local, and Regional Fusion Center Initiative is key to Federal information sharing efforts and must succeed in order for the Department to remain relevant in the blossoming State and local intelligence community. State, local, and regional fusion centers are being successfully established across the country by State and local law enforcement and intelligence agencies. The Conference agrees that the Department's Office of Intelligence and Analysis, which has a primary responsibility for sharing information with State, local, and regional officials, needs to play a stronger, more constructive role in assisting these centers and are pleased to see that the Department has begun doing so. However, the Department must act quickly, thoroughly, and cooperatively in order to provide the maximum amount of support for these centers. The Conference applauds the State, local, and regional efforts to make fusion centers a reality and the dedication of those who staff those centers. The Conference notes, however, that although fusion centers are led, operated, and otherwise run by States and localities, there is a need for a common baseline of operations at fusion centers in order to attain not only their full potential but also the full potential of the various initiatives undertaken in the Conference agreement. The Conference expects that the grant process established in the Conference substitute, the qualifying criteria for fusion centers wishing to participate in the DHS State, Local, and Regional Fusion Center Initiative, and the guidelines for fusion centers included in the Conference substitute will all help create a common baseline of operations for fusion centers that will ensure their success into the future. The Conference substitute adopts Section 121 of the Senate bill, with modifications, to reflect the key functionalities and priorities of the Border Intelligence Fusion Center Program established in Section 712 of the House bill. That Program was designed to provide the Department with a more robust ``border intelligence'' capability--a capability essential to improving the Department's ability to interdict terrorists, weapons of mass destruction, and related contraband at America's land and maritime borders. The Conference concurs that the Department can make better use of its resources, and obtain better situational awareness of terrorist threats at or involving those borders, by partnering more effectively with State, local, and tribal law enforcement officers in relevant jurisdictions. With better information sharing, those officers can act as ``force multipliers'' that may very well help prevent the next terrorist attack from abroad. The Conference believes that by deploying officers and intelligence analysts from United States Customs and Border Protection (CBP), United States Immigration and Customs Enforcement (ICE), and the Coast Guard to fusion centers participating in the Program, the Department can increase its capacity to create accurate, actionable, and timely border intelligence products aimed at this threat. In order to maximize their effectiveness, CBP, ICE, and Coast Guard officers and analysts creating border intelligence products should not only include the input of police and sheriffs' officers as part of their process, but also should ensure that those products actually respond to the needs of officers in the field as expressed by those officers. The Conference accordingly believes that the Department personnel assigned to fusion centers under this section should communicate with State, local, and tribal law enforcement officers not only at fusion centers but also in their actual communities where they are headquartered. While the Conference believes that the Department's effort at State, local, and regional fusion centers is a critical one that should be encouraged, they note that it is not the only such effort. The Federal Bureau of Investigation (FBI), for example, has had long-standing relationships with State, local, and tribal law enforcement and other emergency response providers through Joint Terrorism Task Forces (JTTFs) across the country and has established Field Intelligence Groups (FIGs) that are, in many case, colocated with the fusion centers. Those relationships have continued through the JTTFs, FIGs, and an established and growing FBI presence at many fusion centers. Nothing in this section should be construed to subordinate the role of the FBI to the Department's own efforts with the JTTFs and at fusion centers. On the contrary, it is the Conferees hope that the Department, the FBI, and other Federal agencies will coordinate as equal players at State, local, and regional fusion centers in order to form a united Federal partnership with their State and local counterparts on the front lines of the nation's homeland security efforts. Further, the Conference recognizes that the Coast Guard is establishing Interagency Operations Command Centers (IOCC's) pursuant to the SAFE Port Act and authorized under Section 70107A of title 46, United States Code. IOCC's are being developed as model Federal centers to improve interagency cooperation, unity of command, and the sharing of intelligence information in a common mission to provide greater protection for port and intermodal transportation systems against acts of terrorism in the maritime domain. Nothing in this section should be construed to subordinate the role of the Coast Guard's efforts with the IOCC's. Finally, the Conference recognizes, consistent with the Fusion Center Guidelines produced jointly by the Department of Justice and DHS, the important role of the public safety component in the fusion process. [[Page H8578]] Emergency response providers are able to provide valuable information to the overall intelligence picture; likewise, the fusion process may provide advance information that enables essential preparation measures to enable a more effective response. Therefore, while the Conference stresses that State and local governments must ultimately determine the mission, composition, operating procedures, and communication channels of fusion centers and the fusion process, they emphasize the inherent value in including emergency response providers within the governance structure making these determinations. Nothing in this section is intended to mandate that representatives of the emergency response provider community should be physically located in all fusion centers or that their mission should shift emphasis from the missions of the intelligence and law enforcement communities. Rather, the Conference intends that fusion center governing boards and the fusion process should be structured so as to enable the consideration of nontraditional information from emergency response providers in a collaborative environment. Section 512. Homeland Security Information Sharing Fellows Program Section 733 of the House bill directs the Secretary, through the Under Secretary for Intelligence and Analysis, to establish a fellowship program for State, local, and tribal officials to rotate into the Office of Intelligence and Analysis in order to identify for Department intelligence analysts the kinds of homeland security information that are of interest to State, local, and tribal law enforcement and other emergency response providers; assist Department intelligence analysts in writing intelligence reports in a shareable format that provides end users with accurate, actionable, and timely information without disclosing sensitive sources and methods; serve as a point of contact for State, local, and tribal law enforcement officers and other emergency response providers in the field who want to share information with the Department; and assist in the dissemination of homeland security information to appropriate end users. Section 122 of the Senate bill contains nearly identical language. The Conference substitute adopts the Senate's provision, as modified. The Conference concurs that implementation of this section will help break down the cultural barriers to information sharing by teaming State, local, and tribal homeland security and law enforcement officers with the Department intelligence analysts tasked with creating intelligence products for them. The Conference notes that this section will complement the DHS State, Local, and Regional Fusion Center Initiative by providing State, local, and tribal officials with better insight and input into the Department's information sharing operations and allowing them to play a greater role in the Department's information sharing effort. Section 513. Rural Policing Institute There is no comparable House provision. Section 123 of the Senate bill creates a ``Rural Policing Institute'' that is to be administered by the Federal Law Enforcement Training Center. The Institute would provide training for local and tribal law enforcement officers located in rural areas--defined as those areas not located within metropolitan statistical areas, as defined by the Office of Management and Budget--and would be tailored to law enforcement requirements that are unique to those areas. Section 123 would require the inclusion of several law enforcement topics in the curriculum, including methamphetamine addiction and distribution, domestic violence, and law enforcement response to school shootings. It likewise requires an assessment of these and other requirements and the development of a curriculum to address those requirements. Section 123 authorizes $10 million for Fiscal Year 2008 for the administration of the program and $5 million for each of Fiscal Years 2009 through 2013. The Conference substitute adopts the Senate provision, with modifications. It broadens the Institute's focus to encompass not only law enforcement agencies but also other emergency response providers located in rural areas. Moreover, it deletes the references to training related to specific criminal offenses, and replaces them with training programs with a greater focus on homeland security in the areas of intelligence-led policing and protections for privacy, civil right, and civil liberties. Section 521. Interagency Threat Assessment and Coordination Group There is no comparable House provision. Section 131 of the Senate bill directs the Information Sharing Environment (ISE) Program Manager to oversee and coordinate the creation of an Interagency Threat Assessment and Coordination Group (ITACG) that has as its primary mission the production of Federally coordinated products derived from information within the scope of the ISE for distribution to State, local, and tribal government officials and the private sector. Section 131 of the Senate bill locates the ITACG at the National Counterterrorism Center (NCTC) and directs the Secretary to assign a senior level officer to manage and direct the administration of the ITACG; to determine how specific products should be distributed to end users; and to establish standards for the admission of law enforcement and intelligence officials from State, local, or tribal governments into the ITACG. Section 131 of the Senate bill further prescribes the membership of the ITACG-- including State, local, and tribal law enforcement and intelligence officials--and directs the ISE Program Manager to establish criteria for the selection of those officials and for the proper handling and safeguarding of information related to terrorism. The Conference substitute adopts the Senate provision, with modifications. The Conference notes that the ITACG has roots in, among other places, the ISE Implementation Plan (the Plan) prepared by the ISE Program Manager in November 2006 to ensure the timely and effective production, integration, vetting, sanitization, and communication of terrorism information to the Federal Government's State, local, and tribal partners. The Plan explained that a ``primary purpose of the ITACG will be to ensure that classified and unclassified intelligence produced by Federal organizations within the intelligence, law enforcement, and homeland security communities is fused, validated, deconflicted, and approved for dissemination in a concise and, where possible, unclassified format'' to State, local, and tribal officials. The ISE Program Manager envisioned having the ITACG based at the NCTC and managed on a day-to-day basis by a senior Department official. The ISE Program Manager likewise envisioned that the Department and the Department of Justice would share the decision-making authority regarding how to disseminate various types of information to State, local, and tribal officials and the private sector. The Conference substitute bifurcates the ITACG into two distinct entities. The first entity, an ITACG Advisory Council chaired by the Secretary or the Secretary's designee, shall set policy and develop processes for the integration, analysis, and dissemination of Federally-coordinated information within the scope of the ISE, including homeland security information, terrorism information, and weapons of mass destruction information. The second entity, an ITACG Detail created by the Secretary and managed by a senior Department intelligence official, shall be comprised of State, local, and tribal homeland security and law enforcement officers detailed to work in the NCTC with NCTC and other Federal intelligence analysts. Participants in the ITACG Detail shall integrate, analyze, and assist the dissemination of the aforementioned information to appropriate State, local, tribal, and private sector end users. The Conference strongly believes that the ITACG presents the Department with a unique opportunity to realize its mission as the primary source of accurate, actionable, and timely homeland security information for its State, local, tribal and private sector partners that Congress had originally envisioned in the Homeland Security Act of 2002 (6 U.S.C. 101). The Department should seize the moment. The ITACG will provide the Department and the wider Intelligence Community with an unmatched ability to identify information that is of interest and utility to those partners; produce reports which can be disseminated to them in an unclassified format or at the lowest possible classification level; and assist in the targeted dissemination of particular intelligence products to appropriate end users. By building upon the Department's customer service approach to information sharing, Department leadership of the ITACG will help the Department and other Federal agencies co-located at the NCTC to leverage their existing ties with their State, local, tribal, and private sector counterparts and ultimately invigorate the two-way flow of information with them that the 9/11 Commission identified as critical to making the homeland more secure. While the Secretary will play the primary role in establishing and maintaining the ITACG Detail and shall detail a senior intelligence official from the Department to manage its day-to-day activities, the Department is reminded that it is a guest in the NCTC. As direct reports to the Director of the NCTC, the senior intelligence official from the Department and the ITACG detailees themselves must comply with all policies, procedures, and rules applicable to other staff working in the NCTC--including any mandatory polygraph examination for NCTC staff. Neither the ITACG Advisory Council nor the ITACG Detail are in any way intended to impede, replicate, or supplant the analytic and/or production efforts of the NCTC, nor are they intended to duplicate, impede, or otherwise interfere with existing and established counterterrorism roles and responsibilities. With regard to the preparation, review, and dissemination of products from the ITACG Detail, it is the Conference's intent that those products be subject to the same policies, procedures, and rules applicable to NCTC products. Pursuant to 102A(f)(1)(B)(iii) and 119(f)(E) of the National Security Act of 1947 (50 U.S.C. 402 et seq.), it is the Conference's further intent that the Director should act as a gatekeeper when providing products prepared by the ITACG Detail to the Department, the Department of Justice, and other appropriate agencies for dissemination to State, local, tribal, and private sector end users. Nothing in this section should be construed to mean that the Director may distribute products prepared by the ITACG Detail directly to those end users. Finally, the Conference agrees that the privacy and civil liberties impact assessment required under this section shall specifically address how the ITACG will incorporate the Guidelines to Implement Information Privacy Rights and other Legal Protections in [[Page H8579]] the Development and Use of the Information Sharing Environment released by the President on November 22, 2006 (Presidential Guidelines) to protect privacy rights and civil liberties. Section 531. Office of Intelligence and Analysis and Office of Infrastructure Protection The Homeland Security Act of 2002 (6 U.S.C. 101) created an Under Secretary for Information Analysis, assisted by an Assistant Secretary for Information and Analysis and an Assistant Secretary for Infrastructure Protection, and specified the Under Secretary's primary responsibilities. These include: (1) receiving and analyzing law enforcement information, intelligence, and other lawfully obtained information in order to understand the nature and scope of the terrorist threat to the United States homeland; (2) integrating relevant information to produce and disseminate infrastructure vulnerabilities assessments; (3) analyzing that information to identify and prioritize the types of protective measures to be taken; (4) making recommendations for information sharing and developing a national plan that would outline recommendations to improve the security of key resources; (5) administering the Homeland Security Advisory System; (6) exercising primary responsibility for public threat advisory and providing specific warning information to State and local governments and the private sector, as well as advice about appropriate protective actions and countermeasures; (7) making recommendations for improvements in the policies and procedures governing the sharing of law enforcement, intelligence, and other information relating to homeland security within the Federal government and between the Federal government and State and local governments. Following the completion of the Department's Second Stage Review in July of 2005, the Secretary renamed the Office of Information Analysis the ``Office of Intelligence and Analysis'' and gave it responsibilities in addition to those outlined in the Homeland Security Act. In addition to its statutory duties, one of the major responsibilities for the new Office of Intelligence and Analysis is to serve as the Chief Intelligence Office of the Department--taking responsibility for leading the intelligence components of the Department. Sections 741 and 743 of the House bill reflect these changes by statutorily reorganizing the Directorate for Information Analysis and Infrastructure Protection by doing away with the Directorate and the Under Secretary for Information Analysis and Infrastructure Protection position and officially establishing in its place a separate Office of Intelligence and Analysis, elevating the Assistant Secretary for Information and Analysis to an Under Secretary for Intelligence and Analysis as its head; and a separate Office of Infrastructure Protection, headed by the Assistant Secretary for Infrastructure Protection. Sections 741 and 743 of the House bill likewise divide the responsibilities of the former Under Secretary for Information Analysis and Infrastructure Protection outlined in Section 201(d) of the Homeland Security Act between the new Under Secretary for Intelligence and Analysis and new Assistant Secretary for Infrastructure Protection. Section 741 in the House bill also adds several new responsibilities for the Under Secretary for Intelligence and Analysis. There is no comparable Senate provision. The Conference substitute adopts the House provisions, with substantial modifications. While the Conference agrees with the Department's consolidation of the duties of the Office of Intelligence and Analysis, they also believe that the powers of the Department's Chief Intelligence Officer can only be effectively wielded by an Under Secretary. Therefore, this section amends the Homeland Security Act of 2002 (6 U.S.C. 101) to restructure the Department to reflect the changes wrought by the Second Stage Review by elevating the Assistant Secretary for Information Analysis to Under Secretary for Intelligence and Analysis and by officially establishing an Office of Intelligence and Analysis and an Office of Infrastructure Protection. The Conference substitute retains those authorities from Section 201(d) of the Homeland Security Act in the Secretary for delegation to the appropriate officials. Those authorities include a new authority in the Conference agreement, to be carried out most likely by the Under Secretary for Intelligence and Analysis: the provision of guidance to the heads of intelligence components on developing budgets, and the presentation of recommendations for a consolidated intelligence budget to the Secretary. Finally, the Conference substitute establishes an additional Under Secretary responsible for overseeing critical infrastructure protection, cybersecurity, and other related programs of the Department. [...]