§ 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
485 of this title, 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
2000ee of title
42, 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;
(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;
(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:
(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—
(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
142 of this title 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
2000ee of title
42; and
(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—
(5)
Expedited security clearance processing
The Under Secretary for Intelligence and Analysis—
(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;
(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;
(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 August 3, 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.
(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;
(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
485 of this title;
(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;
(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.