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115th Congress    }                                    {       Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                    {      115-603

======================================================================



 
     ENHANCING DHS' FUSION CENTER TECHNICAL ASSISTANCE PROGRAM ACT

                                _______
                                

 March 19, 2018.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. McCaul, from the Committee on Homeland Security, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 5099]

    The Committee on Homeland Security, to whom was referred 
the bill (H.R. 5099) to amend the Homeland Security Act of 2002 
to establish in the Department of Homeland Security a fusion 
center technical assistance program, having considered the 
same, report favorably thereon without amendment and recommend 
that the bill do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     2
Background and Need for Legislation..............................     2
Hearings.........................................................     3
Committee Consideration..........................................     3
Committee Votes..................................................     3
Committee Oversight Findings.....................................     3
New Budget Authority, Entitlement Authority, and Tax Expenditures     3
Congressional Budget Office Estimate.............................     3
Statement of General Performance Goals and Objectives............     4
Duplicative Federal Programs.....................................     4
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................     4
Federal Mandates Statement.......................................     4
Preemption Clarification.........................................     4
Disclosure of Directed Rule Makings..............................     4
Advisory Committee Statement.....................................     4
Applicability to Legislative Branch..............................     5
Section-by-Section Analysis of the Legislation...................     5
Changes in Existing Law Made by the Bill, as Reported............     6

                          Purpose and Summary

    The Enhancing DHS' Fusion Center Technical Assistance 
Program Act authorizes and enhances the Department of Homeland 
Security's fusion center technical assistance program. The 
program is required to focus on providing the 79 fusion centers 
across the United States with technical assistance regarding 
intelligence and information sharing, terrorism prevention 
activities and the State Homeland Security Grant Program and 
the Urban Area Security Initiative grant program.

                  Background and Need for Legislation

    In November 2017, the Committee on Homeland Security 
Majority Staff released a report entitled ``Advancing the 
Homeland Security Information Sharing Environment: A Review of 
the National Network of Fusion Centers.'' The report included a 
review of the existing fusion center technical assistance 
program in the Department of Homeland Security (DHS) and 
recommended that the Office of Intelligence and Analysis (I&A;) 
and the Federal Emergency Management Agency (FEMA) ``enhance 
the support available to fusion centers from FEMA's Technical 
Assistance Program and address the need for more direct I&A; 
connectivity with the program.''\1\
---------------------------------------------------------------------------
    \1\The United States House of Representatives Committee on Homeland 
Security, Advancing the Homeland Security Information Sharing 
Environment: A Review of the National Network of Fusion Centers, at 12, 
November 2017. https://homeland.house.gov/wp-content/uploads/2017/11/
Committee-on-Homeland-Security-Fusion-Center-Report.pdf
---------------------------------------------------------------------------
    In 2009, despite I&A; being the primary DHS agency that 
interacts with fusion centers, FEMA was given the 
responsibility for the Department's fusion center technical 
assistance program. It is the Committee's understanding that 
the decision to place FEMA in charge of the technical 
assistance program was largely based on available resources. 
The current fusion center technical program largely provides 
training for fusion center personnel on a range of topics, 
including suspicious activity reporting, new director on-
boarding, and critical infrastructure and key resources.
    The Committee noted in the November 2017 report widespread 
concerns within the fusion center community that the quality 
and available resources from current technical assistance 
program had diminished.\2\ Additionally, the Committee found 
that I&A; does not have active engagement with the program.
---------------------------------------------------------------------------
    \2\The United States House of Representatives Committee on Homeland 
Security, Advancing the Homeland Security Information Sharing 
Environment: A Review of the National Network of Fusion Centers, at 11-
12, November 2017.
---------------------------------------------------------------------------
    The bill seeks to address these shortfalls by providing 
statutory authorization for the program, allowing the Secretary 
the flexibility to maintain the program at FEMA or transfer it 
elsewhere in the Department if deemed appropriate, and 
expanding the mission of the existing office to include 
technical assistance in other key areas. These include 
information and guidance regarding homeland security grants, 
terrorism prevention activities across DHS, and information 
sharing activities. The latter two activities will result in a 
more direct role in the program by I&A.; Additionally, the bill 
requires the program to be a repository for best practices 
relevant to fusion centers.

                                Hearings

    The Committee did not hold any hearing specifically on H.R. 
5099, but the Subcommittee on Counterterrorism and Intelligence 
held several hearings relevant to the bill.
    On February 26, 2015, the Subcommittee on Counterterrorism 
and Intelligence held a hearing entitled ``Addressing Remaining 
Gap in Federal, State, and Local Information Sharing.'' The 
Subcommittee received testimony from Mr. Mike Sena, President, 
National Fusion Center Association; Chief Richard Beary, 
President, International Association of Chiefs of Police; and 
Dr. Cedric Alexander, National President, National Organization 
of Black Law Enforcement Executives.
    On September 8, 2016, the Subcommittee on Counterterrorism 
and Intelligence held a hearing entitled ``State and Local 
Perspectives on Federal Information Sharing.'' The Subcommittee 
received testimony from Mr. Mike Sena, President, National 
Fusion Center Association; Chief Richard Beary, Immediate Past 
President, International Association of Chiefs of Police; and 
Dr. Cedric Alexander, National President, National Organization 
of Black Law Enforcement Executives.

                        Committee Consideration

    The Committee met on March 7, 2018, to consider H.R. 5099, 
and ordered the measure to be reported to the House with a 
favorable recommendation, without amendment, by unanimous 
consent.

                            Committee Votes

    Clause 3(b) of Rule XIII of the Rules of the House of 
Representatives requires the Committee to list the recorded 
votes on the motion to report legislation and amendments 
thereto.
    No recorded votes were requested during consideration of 
H.R. 5099.

                      Committee Oversight Findings

    Pursuant to clause 3(c)(1) of Rule XIII of the Rules of the 
House of Representatives, the Committee has held oversight 
hearings and made findings that are reflected in this report.

   New Budget Authority, Entitlement Authority, and Tax Expenditures

    In compliance with clause 3(c)(2) of Rule XIII of the Rules 
of the House of Representatives, the Committee finds that H.R. 
5099, the Enhancing DHS' Fusion Center Technical Assistance 
Program Act, would result in no new or increased budget 
authority, entitlement authority, or tax expenditures or 
revenues.

                  Congressional Budget Office Estimate

    Pursuant to clause 3(c)(3) of Rule XIII of the Rules of the 
House of Representatives, a cost estimate provided by the 
Congressional Budget Office pursuant to section 402 of the 
Congressional Budget Act of 1974 was not made available to the 
Committee in time for the filing of this report. The Chairman 
of the Committee shall cause such estimate to be printed in the 
Congressional Record upon its receipt by the Committee.

         Statement of General Performance Goals and Objectives

    Pursuant to clause 3(c)(4) of Rule XIII of the Rules of the 
House of Representatives, H.R. 5099 contains the following 
general performance goals and objectives, including outcome 
related goals and objectives authorized.
    The goal of H.R. 5099 is to address the shortfalls of the 
Department's current fusion center technical assistance program 
by providing statutory authorization for the program, allowing 
the Secretary the flexibility to maintain the program at FEMA 
or transfer it elsewhere in the Department if deemed 
appropriate, and expanding the mission of the existing office 
to include technical assistance in other key areas.

                      Duplicative Federal Programs

    Pursuant to clause 3(c) of Rule XIII, the Committee finds 
that H.R. 5099 does not contain any provision that establishes 
or reauthorizes a program known to be duplicative of another 
Federal program.

   Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
                                Benefits

    In compliance with Rule XXI of the Rules of the House of 
Representatives, this bill, as reported, contains no 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(e), 9(f), or 9(g) of the Rule 
XXI.

                       Federal Mandates Statement

    An estimate of Federal mandates prepared by the Director of 
the Congressional Budget Office pursuant to section 423 of the 
Unfunded Mandates Reform Act was not made available to the 
Committee in time for the filing of this report. The Chairman 
of the Committee shall cause such estimate to be printed in the 
Congressional Record upon its receipt by the Committee.

                        Preemption Clarification

    In compliance with section 423 of the Congressional Budget 
Act of 1974, requiring the report of any Committee on a bill or 
joint resolution to include a statement on the extent to which 
the bill or joint resolution is intended to preempt State, 
local, or Tribal law, the Committee finds that H.R. 5099 does 
not preempt any State, local, or Tribal law.

                  Disclosure of Directed Rule Makings

    The Committee estimates that H.R. 5099 would require no 
directed rule makings.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

             Section-by-Section Analysis of the Legislation


Section 1.   Short Title.

    This section provides that this bill may be cited as the 
``Enhancing DHS' Fusion Center Technical Assistance Program 
Act''.

Sec. 2.   Fusion Center Technical Assistance Program.

    The section amends section 210A of the Homeland Security 
Act of 2002 by adding a requirement that the Secretary of 
Homeland Security establish a fusion center technical 
assistance program at the Department. In establishing the 
program, the Secretary is required to consult with the National 
Network of Fusion Centers and other relevant stakeholders. 
During the Committee's review of the National Network of Fusion 
Centers, staff heard about the widespread concerns with the 
Department's current fusion center technical assistance 
program. Even more troubling, Committee staff heard that I&A;, 
DHS' primary point of contact for fusion centers, is not 
actively engage with the current program. This section will 
result in I&A; having a more direct role in the program.
    Additionally, the section lays out the specific 
requirements the technical assistance program must address. 
These include providing technical assistance regarding 
intelligence and information sharing and terrorism prevention 
activities, including training. The Committee's November 2017 
fusion center report mentioned there is a communication 
breakdown between fusion centers, FEMA's Grants Programs 
Directorate, and I&A; regarding fusion centers use of the State 
Homeland Security Grants and Urban Area Security Initiative. 
While it is unclear what has caused this breakdown, this 
section addresses the issue by requiring this program to 
provide technical assistance on the grant programs.
    Lastly, the Committee's report highlighted establishment of 
the National Network Center of Best Practice. The National 
Network of Fusion Centers took the initiative and developed a 
repository like place for best practices on the Homeland 
Security Information Network--Intel.\3\ The National Network 
Center of Best Practices is still in its infancy and the true 
impact of this repository is still unknown. This section will 
build on this initiative by ensuring Department's fusion center 
technical assistance program also make available best practices 
on operations, sharing and analysis of homeland security 
threats, and protecting civil liberty, civil rights, and 
privacy to the 79 fusion centers.
---------------------------------------------------------------------------
    \3\The Homeland Security Information Network--Intelligence is a 
trusted and secure network for Federal, State, local, territorial, 
tribal partners to share sensitive but unclassified information. The 
program is operated by the Department of Homeland Security and fusion 
centers, as well as other vetted stakeholders, are provided access.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, and existing law in which no 
change is proposed is shown in roman):

                     HOMELAND SECURITY ACT OF 2002



           *       *       *       *       *       *       *
      TITLE II--INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION

  Subtitle A--Information and Analysis and Infrastructure Protection; 
Access to Information

           *       *       *       *       *       *       *


SEC. 210A. DEPARTMENT OF HOMELAND SECURITY STATE, LOCAL, AND REGIONAL 
                    FUSION CENTER INITIATIVE.

  (a) Establishment.--The Secretary, in consultation with the 
program manager of the information sharing environment 
established under section 1016 of the Intelligence Reform and 
Terrorism Prevention Act of 2004 (6 U.S.C. 485), the Attorney 
General, the Privacy Officer of the Department, the Officer for 
Civil Rights and Civil Liberties of the Department, and the 
Privacy and Civil Liberties Oversight Board established under 
section 1061 of the Intelligence Reform and Terrorism 
Prevention Act of 2004 (5 U.S.C. 601 note), shall establish a 
Department of Homeland Security State, Local, and Regional 
Fusion Center Initiative to establish partnerships with State, 
local, and regional fusion centers.
  (b) Department Support and Coordination.--Through the 
Department of Homeland Security State, Local, and Regional 
Fusion Center Initiative, and in coordination with the 
principal officials of participating State, local, or regional 
fusion centers and the officers designated as the Homeland 
Security Advisors of the States, the Secretary shall--
          (1) provide operational and intelligence advice and 
        assistance to State, local, and regional fusion 
        centers;
          (2) support efforts to include State, local, and 
        regional fusion centers into efforts to establish an 
        information sharing environment;
          (3) conduct tabletop and live training exercises to 
        regularly assess the capability of individual and 
        regional networks of State, local, 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) Fusion Center Technical Assistance Program.--
          (1) Establishment.--The Secretary, in consultation 
        with officials from the National Network of Fusion 
        Centers and, to the greatest extent practicable, other 
        relevant stakeholders, shall establish a fusion center 
        technical assistance program.
          (2) Elements of program.--In carrying out the fusion 
        center technical assistance program established under 
        paragraph (1), the Secretary shall--
                  (A) provide technical assistance to fusion 
                centers regarding--
                          (i) grants administered under 
                        sections 2003 and 2004;
                          (ii) terrorism prevention activities; 
                        and
                          (iii) intelligence and information 
                        sharing;
                  (B) provide to fusion centers notice of any 
                changes to the activities referred to in 
                subparagraph (A);
                  (C) make available best practices regarding--
                          (i) fusion center operations;
                          (ii) information sharing and analysis 
                        of homeland security threats, including 
                        cyber threats;
                          (iii) protecting privacy, civil 
                        rights, and civil liberties; and
                          (iv) such other best practices as the 
                        Secretary determines appropriate; and
                  (D) carry out such other activities as the 
                Secretary determines appropriate.
  [(j)] (k) 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)] (l) 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.

           *       *       *       *       *       *       *


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