Chapter III: Section 1: Short Title; Table of Contents (2)

(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. [6 U.S.C. 124G] 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.

SEC. 210A. [6 U.S.C. 124H] 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, 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 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.

SEC. 210B. [6 U.S.C. 124I] 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.
(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.

SEC. 210C. [6 U.S.C. 124J] 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.

SEC. 210D. [6 U.S.C. 124K] 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);
(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.

SEC. 210E. [6 U.S.C. 124L] NATIONAL ASSET DATABASE.

(a) Establishment.--
(1) National asset database.--The Secretary shall
establish and maintain a national database of each
system or asset that--
(A) the Secretary, in consultation with
appropriate homeland security officials of the
States, determines to be vital and the loss,
interruption, incapacity, or destruction of
which would have a negative or debilitating
effect on the economic security, public health,
or safety of the United States, any State, or
any local government; or
(B) the Secretary determines is appropriate
for inclusion in the database.
(2) Prioritized critical infrastructure list.--In
accordance with Homeland Security Presidential
Directive-7, as in effect on January 1, 2007, the
Secretary shall establish and maintain a single
classified prioritized list of systems and assets
included in the database under paragraph (1) that the
Secretary determines would, if destroyed or disrupted,
cause national or regional catastrophic effects.
(b) Use of Database.--The Secretary shall use the database
established under subsection (a)(1) in the development and
implementation of Department plans and programs as appropriate.
(c) Maintenance of Database.--
(1) In general.--The Secretary shall maintain and
annually update the database established under
subsection (a)(1) and the list established under
subsection (a)(2), including--
(A) establishing data collection guidelines
and providing such guidelines to the
appropriate homeland security official of each
State;
(B) regularly reviewing the guidelines
established under subparagraph (A), including
by consulting with the appropriate homeland
security officials of States, to solicit
feedback about the guidelines, as appropriate;
(C) after providing the homeland security
official of a State with the guidelines under
subparagraph (A), allowing the official a
reasonable amount of time to submit to the
Secretary any data submissions recommended by
the official for inclusion in the database
established under subsection (a)(1);
(D) examining the contents and identifying
any submissions made by such an official that
are described incorrectly or that do not meet
the guidelines established under subparagraph
(A); and
(E) providing to the appropriate homeland
security official of each relevant State a list
of submissions identified under subparagraph
(D) for review and possible correction before
the Secretary finalizes the decision of which
submissions will be included in the database
established under subsection (a)(1).
(2) Organization of information in database.--The
Secretary shall organize the contents of the database
established under subsection (a)(1) and the list
established under subsection (a)(2) as the Secretary
determines is appropriate. Any organizational structure
of such contents shall include the categorization of
the contents--
(A) according to the sectors listed in
National Infrastructure Protection Plan
developed pursuant to Homeland Security
Presidential Directive-7; and
(B) by the State and county of their
location.
(3) Private sector integration.--The Secretary
shall identify and evaluate methods, including the
Department's Protected Critical Infrastructure
Information Program, to acquire relevant private sector
information for the purpose of using that information
to generate any database or list, including the
database established under subsection (a)(1) and the
list established under subsection (a)(2).
(4) Retention of classification.--The
classification of information required to be provided
to Congress, the Department, or any other department or
agency under this section by a sector-specific agency,
including the assignment of a level of classification
of such information, shall be binding on Congress, the
Department, and that other Federal agency.
(d) Reports.--
(1) Report required.--Not later than 180 days 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 on the database
established under subsection (a)(1) and the list
established under subsection (a)(2).
(2) Contents of report.--Each such report shall
include the following:
(A) The name, location, and sector
classification of each of the systems and
assets on the list established under subsection
(a)(2).
(B) The name, location, and sector
classification of each of the systems and
assets on such list that are determined by the
Secretary to be most at risk to terrorism.
(C) Any significant challenges in compiling
the list of the systems and assets included on
such list or in the database established under
subsection (a)(1).
(D) Any significant changes from the
preceding report in the systems and assets
included on such list or in such database.
(E) If appropriate, the extent to which
such database and such list have been used,
individually or jointly, for allocating funds
by the Federal Government to prevent, reduce,
mitigate, or respond to acts of terrorism.
(F) The amount of coordination between the
Department and the private sector, through any
entity of the Department that meets with
representatives of private sector industries
for purposes of such coordination, for the
purpose of ensuring the accuracy of such
database and such list.
(G) Any other information the Secretary
deems relevant.
(3) Classified information.--The report shall be
submitted in unclassified form but may contain a
classified annex.
(e) Inspector General Study.--By not later than two years
after the date of enactment of the Implementing Recommendations
of the 9/11 Commission Act of 2007, the Inspector General of
the Department shall conduct a study of the implementation of
this section.
(f) National Infrastructure Protection Consortium.--The
Secretary may establish a consortium to be known as the
``National Infrastructure Protection Consortium''. The
Consortium may advise the Secretary on the best way to
identify, generate, organize, and maintain any database or list
of systems and assets established by the Secretary, including
the database established under subsection (a)(1) and the list
established under subsection (a)(2). If the Secretary
establishes the National Infrastructure Protection Consortium,
the Consortium may--
(1) be composed of national laboratories, Federal
agencies, State and local homeland security
organizations, academic institutions, or national
Centers of Excellence that have demonstrated experience
working with and identifying critical infrastructure
and key resources; and
(2) provide input to the Secretary on any request
pertaining to the contents of such database or such
list.

Subtitle B--Critical Infrastructure Information

SEC. 211. [6 U.S.C. 101 NOTE] SHORT TITLE.

This subtitle may be cited as the ``Critical Infrastructure
Information Act of 2002''.

SEC. 212. [6 U.S.C. 131] DEFINITIONS.

In this subtitle:
(1) Agency.--The term ``agency'' has the meaning
given it in section 551 of title 5, United States Code.
(2) Covered federal agency.--The term ``covered
Federal agency'' means the Department of Homeland
Security.
(3) Critical infrastructure information.--The term
``critical infrastructure information'' means
information not customarily in the public domain and
related to the security of critical infrastructure or
protected systems--
(A) actual, potential, or threatened
interference with, attack on, compromise of, or
incapacitation of critical infrastructure or
protected systems by either physical or
computer-based attack or other similar conduct
(including the misuse of or unauthorized access
to all types of communications and data
transmission systems) that violates Federal,
State, or local law, harms interstate commerce
of the United States, or threatens public
health or safety;
(B) the ability of any critical
infrastructure or protected system to resist
such interference, compromise, or
incapacitation, including any planned or past
assessment, projection, or estimate of the
vulnerability of critical infrastructure or a
protected system, including security testing,
risk evaluation thereto, risk management
planning, or risk audit; or
(C) any planned or past operational problem
or solution regarding critical infrastructure
or protected systems, including repair,
recovery, reconstruction, insurance, or
continuity, to the extent it is related to such
interference, compromise, or incapacitation.
(4) Critical infrastructure protection program.--
The term ``critical infrastructure protection program''
means any component or bureau of a covered Federal
agency that has been designated by the President or any
agency head to receive critical infrastructure
information.
(5) Information sharing and analysis
organization.--The term ``Information Sharing and
Analysis Organization'' means any formal or informal
entity or collaboration created or employed by public
or private sector organizations, for purposes of--
(A) gathering and analyzing critical
infrastructure information in order to better
understand security problems and
interdependencies related to critical
infrastructure and protected systems, so as to
ensure the availability, integrity, and
reliability thereof;
(B) communicating or disclosing critical
infrastructure information to help prevent,
detect, mitigate, or recover from the effects
of a interference, compromise, or a
incapacitation problem related to critical
infrastructure or protected systems; and
(C) voluntarily disseminating critical
infrastructure information to its members,
State, local, and Federal Governments, or any
other entities that may be of assistance in
carrying out the purposes specified in
subparagraphs (A) and (B).
(6) Protected system.--The term ``protected
system''--
(A) means any service, physical or
computer-based system, process, or procedure
that directly or indirectly affects the
viability of a facility of critical
infrastructure; and
(B) includes any physical or computer-based
system, including a computer, computer system,
computer or communications network, or any
component hardware or element thereof, software
program, processing instructions, or
information or data in transmission or storage
therein, irrespective of the medium of
transmission or storage.
(7) Voluntary.--
(A) In general.--The term ``voluntary'', in
the case of any submittal of critical
infrastructure information to a covered Federal
agency, means the submittal thereof in the
absence of such agency's exercise of legal
authority to compel access to or submission of
such information and may be accomplished by a
single entity or an Information Sharing and
Analysis Organization on behalf of itself or
its members.
(B) Exclusions.--The term ``voluntary''--
(i) in the case of any action
brought under the securities laws as is
defined in section 3(a)(47) of the
Securities Exchange Act of 1934 (15
U.S.C. 78c(a)(47))--
(I) does not include
information or statements
contained in any documents or
materials filed with the
Securities and Exchange
Commission, or with Federal
banking regulators, pursuant to
section 12(i) of the Securities
Exchange Act of 1934 (15 U.S.C.
781(I)); and
(II) with respect to the
submittal of critical
infrastructure information,
does not include any disclosure
or writing that when made
accompanied the solicitation of
an offer or a sale of
securities; and
(ii) does not include information
or statements submitted or relied upon
as a basis for making licensing or
permitting determinations, or during
regulatory proceedings.

SEC. 213. [6 U.S.C. 132] DESIGNATION OF CRITICAL INFRASTRUCTURE
PROTECTION PROGRAM.

A critical infrastructure protection program may be
designated as such by one of the following:
(1) The President.
(2) The Secretary of Homeland Security.

SEC. 214. [6 U.S.C. 123] PROTECTION OF VOLUNTARILY SHARED CRITICAL
INFRASTRUCTURE INFORMATION.

(a) Protection.--
(1) In general.--Notwithstanding any other
provision of law, critical infrastructure information
(including the identity of the submitting person or
entity) that is voluntarily submitted to a covered
Federal agency for use by that agency regarding the
security of critical infrastructure and protected
systems, analysis, warning, interdependency study,
recovery, reconstitution, or other informational
purpose, when accompanied by an express statement
specified in paragraph (2)--
(A) shall be exempt from disclosure under
section 552 of title 5, United States Code
(commonly referred to as the Freedom of
Information Act);
(B) shall not be subject to any agency
rules or judicial doctrine regarding ex parte
communications with a decision making official;
(C) shall not, without the written consent
of the person or entity submitting such
information, be used directly by such agency,
any other Federal, State, or local authority,
or any third party, in any civil action arising
under Federal or State law if such information
is submitted in good faith;
(D) shall not, without the written consent
of the person or entity submitting such
information, be used or disclosed by any
officer or employee of the United States for
purposes other than the purposes of this
subtitle, except--
(i) in furtherance of an
investigation or the prosecution of a
criminal act; or
(ii) when disclosure of the
information would be--
(I) to either House of
Congress, or to the extent of
matter within its jurisdiction,
any committee or subcommittee
thereof, any joint committee
thereof or subcommittee of any
such joint committee; or
(II) to the Comptroller
General, or any authorized
representative of the
Comptroller General, in the
course of the performance of
the duties of the General
Accounting Office.
(E) shall not, if provided to a State or
local government or government agency--
(i) be made available pursuant to
any State or local law requiring
disclosure of information or records;
(ii) otherwise be disclosed or
distributed to any party by said State
or local government or government
agency without the written consent of
the person or entity submitting such
information; or
(iii) be used other than for the
purpose of protecting critical
infrastructure or protected systems, or
in furtherance of an investigation or
the prosecution of a criminal act; and
(F) does not constitute a waiver of any
applicable privilege or protection provided
under law, such as trade secret protection.
(2) Express statement.--For purposes of paragraph
(1), the term ``express statement'', with respect to
information or records, means--
(A) in the case of written information or
records, a written marking on the information
or records substantially similar to the
following: ``This information is voluntarily
submitted to the Federal Government in
expectation of protection from disclosure as
provided by the provisions of the Critical
Infrastructure Information Act of 2002.''; or
(B) in the case of oral information, a
similar written statement submitted within a
reasonable period following the oral
communication.
(b) Limitation.--No communication of critical
infrastructure information to a covered Federal agency made
pursuant to this subtitle shall be considered to be an action
subject to the requirements of the Federal Advisory Committee
Act (5 U.S.C. App. 2).
(c) Independently Obtained Information.--Nothing in this
section shall be construed to limit or otherwise affect the
ability of a State, local, or Federal Government entity,
agency, or authority, or any third party, under applicable law,
to obtain critical infrastructure information in a manner not
covered by subsection (a), including any information lawfully
and properly disclosed generally or broadly to the public and
to use such information in any manner permitted by law.
(d) Treatment of Voluntary Submittal of Information.--The
voluntary submittal to the Government of information or records
that are protected from disclosure by this subtitle shall not
be construed to constitute compliance with any requirement to
submit such information to a Federal agency under any other
provision of law.
(e) Procedures.--
(1) In general.--The Secretary of the Department of
Homeland Security shall, in consultation with
appropriate representatives of the National Security
Council and the Office of Science and Technology
Policy, establish uniform procedures for the receipt,
care, and storage by Federal agencies of critical
infrastructure information that is voluntarily
submitted to the Government. The procedures shall be
established not later than 90 days after the date of
the enactment of this subtitle.
(2) Elements.--The procedures established under
paragraph (1) shall include mechanisms regarding--
(A) the acknowledgement of receipt by
Federal agencies of critical infrastructure
information that is voluntarily submitted to
the Government;
(B) the maintenance of the identification
of such information as voluntarily submitted to
the Government for purposes of and subject to
the provisions of this subtitle;
(C) the care and storage of such
information; and
(D) the protection and maintenance of the
confidentiality of such information so as to
permit the sharing of such information within
the Federal Government and with State and local
governments, and the issuance of notices and
warnings related to the protection of critical
infrastructure and protected systems, in such
manner as to protect from public disclosure the
identity of the submitting person or entity, or
information that is proprietary, business
sensitive, relates specifically to the
submitting person or entity, and is otherwise
not appropriately in the public domain.
(f) Penalties.--Whoever, being an officer or employee of
the United States or of any department or agency thereof,
knowingly publishes, divulges, discloses, or makes known in any
manner or to any extent not authorized by law, any critical
infrastructure information protected from disclosure by this
subtitle coming to him in the course of this employment or
official duties or by reason of any examination or
investigation made by, or return, report, or record made to or
filed with, such department or agency or officer or employee
thereof, shall be fined under title 18 of the United States
Code, imprisoned not more than 1 year, or both, and shall be
removed from office or employment.
(g) Authority To Issue Warnings.--The Federal Government
may provide advisories, alerts, and warnings to relevant
companies, targeted sectors, other governmental entities, or
the general public regarding potential threats to critical
infrastructure as appropriate. In issuing a warning, the
Federal Government shall take appropriate actions to protect
from disclosure--
(1) the source of any voluntarily submitted
critical infrastructure information that forms the
basis for the warning; or
(2) information that is proprietary, business
sensitive, relates specifically to the submitting
person or entity, or is otherwise not appropriately in
the public domain.
(h) Authority To Delegate.--The President may delegate
authority to a critical infrastructure protection program,
designated under section 213, to enter into a voluntary
agreement to promote critical infrastructure security,
including with any Information Sharing and Analysis
Organization, or a plan of action as otherwise defined in
section 708 of the Defense Production Act of 1950 (50 U.S.C.
App. 2158).

SEC. 215. [6 U.S.C. 134] NO PRIVATE RIGHT OF ACTION.

Nothing in this subtitle may be construed to create a private right of action for enforcement of any provision of this Act.

Subtitle C--Information Security

SEC. 221. [6 U.S.C. 141] PROCEDURES FOR SHARING INFORMATION.

The Secretary shall establish procedures on the use of
information shared under this title that--
(1) limit the redissemination of such information
to ensure that it is not used for an unauthorized
purpose;
(2) ensure the security and confidentiality of such
information;
(3) protect the constitutional and statutory rights
of any individuals who are subjects of such
information; and
(4) provide data integrity through the timely
removal and destruction of obsolete or erroneous names
and information.

SEC. 222. [6 U.S.C. 142] PRIVACY OFFICER.