Homeland Security Act of 2002 Part 2

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 partners.h.i.+ps 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 princ.i.p.al officials of partic.i.p.ating 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 a.s.sistance 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 a.s.sess 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 ent.i.ties engaged in homeland security-related activities; (5) provide a.n.a.lytic and reporting advice and a.s.sistance 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 ma.s.s 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 a.s.sistance 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 ma.s.s 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 partic.i.p.ate in terrorism threat-related exercises conducted by the Department; and (12) carry out such other duties as the Secretary determines are appropriate.

(c) Personnel a.s.signment.-- (1) In general.--The Under Secretary for Intelligence and a.n.a.lysis shall, to the maximum extent practicable, a.s.sign officers and intelligence a.n.a.lysts from components of the Department to partic.i.p.ating State, local, and regional fusion centers.

(2) Personnel sources.--Officers and intelligence a.n.a.lysts a.s.signed to partic.i.p.ating fusion centers under this subsection may be a.s.signed from the following Department components, in coordination with the respective component head and in consultation with the princ.i.p.al officials of partic.i.p.ating fusion centers: (A) Office of Intelligence and a.n.a.lysis.

(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 partic.i.p.ate in the a.s.signing of Department officers or intelligence a.n.a.lysts 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 a.n.a.lytically 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 a.n.a.lysts.

(4) Prerequisite.-- (A) Intelligence a.n.a.lysis, privacy, and civil liberties training.--Before being a.s.signed to a fusion center under this section, an officer or intelligence a.n.a.lyst shall undergo-- (i) appropriate intelligence a.n.a.lysis 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 t.i.tle 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 a.n.a.lysis.

(B) Prior work experience in area.--In determining the eligibility of an officer or intelligence a.n.a.lyst to be a.s.signed to a fusion center under this section, the Under Secretary for Intelligence and a.n.a.lysis shall consider the familiarity of the officer or intelligence a.n.a.lyst with the State, locality, or region, as determined by such factors as whether the officer or intelligence a.n.a.lyst-- (i) has been previously a.s.signed 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 a.n.a.lysis-- (A) shall ensure that each officer or intelligence a.n.a.lyst a.s.signed 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 a.n.a.lyst and may use available funds for such purpose.

(6) Further qualifications.--Each officer or intelligence a.n.a.lyst a.s.signed to a fusion center under this section shall satisfy any other qualifications the Under Secretary for Intelligence and a.n.a.lysis may prescribe.

(d) Responsibilities.--An officer or intelligence a.n.a.lyst a.s.signed to a fusion center under this section shall-- (1) a.s.sist 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 ma.s.s 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) a.s.sist in the dissemination of such products, as coordinated by the Under Secretary for Intelligence and a.n.a.lysis, 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 a.s.sign officers and intelligence a.n.a.lysts under this section from United States Customs and Border Protection, United States Immigration and Customs Enforcement, and the Coast Guard to partic.i.p.ating 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 a.n.a.lysts a.s.signed to partic.i.p.ating State, local, and regional fusion centers under this section shall have, as a primary responsibility, the creation of border intelligence products that-- (A) a.s.sist State, local, and tribal law enforcement agencies in deploying their resources most efficiently to help detect and interdict terrorists, weapons of ma.s.s 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 a.n.a.lyst a.s.signed 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) Partic.i.p.ation.--Nothing in this section shall be construed to require a State, local, or regional government or ent.i.ty to accept the a.s.signment of officers or intelligence a.n.a.lysts 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 ent.i.ties, 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 relations.h.i.+ps 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 a.n.a.lyst'' means an individual who regularly advises, administers, supervises, or performs work in the collection, gathering, a.n.a.lysis, 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 a.n.a.lysis 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 a.n.a.lysts to replace officers and intelligence a.n.a.lysts who are a.s.signed 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 a.n.a.lysis, and in consultation with the Chief Human Capital Officer, shall establish a fellows.h.i.+p program in accordance with this section for the purpose of-- (A) detailing State, local, and tribal law enforcement officers and intelligence a.n.a.lysts to the Department in accordance with subchapter VI of chapter 33 of t.i.tle 5, United States Code, to partic.i.p.ate in the work of the Office of Intelligence and a.n.a.lysis 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 a.n.a.lysis; and (B) promoting information sharing between the Department and State, local, and tribal law enforcement officers and intelligence a.n.a.lysts by a.s.signing such officers and a.n.a.lysts to-- (i) serve as a point of contact in the Department to a.s.sist 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 ma.s.s destruction information, that is of interest to State, local, and tribal law enforcement officers, intelligence a.n.a.lysts, and other emergency response providers; (iii) a.s.sist Department a.n.a.lysts 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 ma.s.s destruction information, that are tailored to State, local, and tribal law enforcement officers and intelligence a.n.a.lysts and designed to prepare for and thwart acts of terrorism; and (iv) a.s.sist Department a.n.a.lysts in preparing products derived from information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of ma.s.s destruction information, that are tailored to State, local, and tribal emergency response providers and a.s.sist 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 cla.s.sified information, as determined by the Under Secretary for Intelligence and a.n.a.lysis; (D) be an employee of an eligible ent.i.ty; 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 ent.i.ties.--In this subsection, the term ''eligible ent.i.ty'' means-- (A) a State, local, or regional fusion center; (B) a State or local law enforcement or other government ent.i.ty 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 ent.i.ty with port, border, or agricultural responsibilities, as determined by the Secretary; (D) a tribal law enforcement or other authority; or (E) such other ent.i.ty as the Secretary determines is appropriate.

(c) Optional Partic.i.p.ation.--No State, local, or tribal law enforcement or other government ent.i.ty shall be required to partic.i.p.ate in the Homeland Security Information Sharing Fellows Program.

(d) Procedures for Nomination and Selection.-- (1) In general.--The Under Secretary for Intelligence and a.n.a.lysis shall establish procedures to provide for the nomination and selection of individuals to partic.i.p.ate in the Homeland Security Information Sharing Fellows Program.

(2) Limitations.--The Under Secretary for Intelligence and a.n.a.lysis shall-- (A) select law enforcement officers and intelligence a.n.a.lysts 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 a.n.a.lysis.

SEC. 210C. [6 U.S.C. 124J] RURAL POLICING INSt.i.tUTE.

(a) In General.--The Secretary shall establish a Rural Policing Inst.i.tute, 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 Inst.i.tute, 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 Inst.i.tute 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 ent.i.ty 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 partic.i.p.ants.

(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 a.s.sESSMENT 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 a.s.sessment 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, a.n.a.lysis, and dissemination of federally-coordinated information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of ma.s.s destruction information; and (2) an ITACG Detail comprised of State, local, and tribal homeland security and law enforcement officers and intelligence a.n.a.lysts detailed to work in the National Counterterrorism Center with Federal intelligence a.n.a.lysts for the purpose of integrating, a.n.a.lyzing, and a.s.sisting in the dissemination of federally-coordinated information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of ma.s.s 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 a.s.sess 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 ma.s.s 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 ma.s.s 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 ma.s.s 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 ma.s.s destruction information; (5) establish and maintain the ITACG Detail, which shall a.s.sign an appropriate number of State, local, and tribal homeland security and law enforcement officers and intelligence a.n.a.lysts to work in the National Counterterrorism Center who shall-- (A) educate and advise National Counterterrorism Center intelligence a.n.a.lysts 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 ma.s.s destruction information; (B) a.s.sist National Counterterrorism Center intelligence a.n.a.lysts in integrating, a.n.a.lyzing, 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 ma.s.s destruction information that are uncla.s.sified or cla.s.sified 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 a.n.a.lysts, the policies, processes, procedures, standards, and guidelines developed by the ITACG Advisory Council; (D) a.s.sist 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 ma.s.s 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 a.n.a.lysts for placement in the National Counterterrorism Center consistent with paragraph (5), using criteria developed by the ITACG Advisory Council that shall encourage partic.i.p.ation from a broadly representative group of State, local, and tribal homeland security and law enforcement agencies.

(e) Members.h.i.+p.--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 ent.i.ties 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 ma.s.s 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 ma.s.s 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 ent.i.ties; (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 ma.s.s 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 cla.s.sified products derived from information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of ma.s.s 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 partic.i.p.ants in the ITACG.

SEC. 210E. [6 U.S.C. 124L] NATIONAL a.s.sET DATABASE.

(a) Establishment.-- (1) National a.s.set database.--The Secretary shall establish and maintain a national database of each system or a.s.set 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 cla.s.sified prioritized list of systems and a.s.sets 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) establis.h.i.+ng 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 cla.s.sification.--The cla.s.sification 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 a.s.signment of a level of cla.s.sification 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 cla.s.sification of each of the systems and a.s.sets on the list established under subsection (a)(2).

(B) The name, location, and sector cla.s.sification of each of the systems and a.s.sets 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 a.s.sets 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 a.s.sets 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 ent.i.ty 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) Cla.s.sified information.--The report shall be submitted in uncla.s.sified form but may contain a cla.s.sified 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 a.s.sets 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 inst.i.tutions, 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.

Subt.i.tle B--Critical Infrastructure Information

SEC. 211. [6 U.S.C. 101 NOTE] SHORT t.i.tLE.

This subt.i.tle may be cited as the ''Critical Infrastructure Information Act of 2002''.

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

In this subt.i.tle: (1) Agency.--The term ''agency'' has the meaning given it in section 551 of t.i.tle 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 a.s.sessment, 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 a.n.a.lysis organization.--The term ''Information Sharing and a.n.a.lysis Organization'' means any formal or informal ent.i.ty or collaboration created or employed by public or private sector organizations, for purposes of-- (A) gathering and a.n.a.lyzing 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 ent.i.ties that may be of a.s.sistance 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 ent.i.ty or an Information Sharing and a.n.a.lysis Organization on behalf of itself or its members.