Report text available as:

  • TXT
  • PDF   (PDF provides a complete and accurate display of this text.) Tip ?

115th Congress   }                                     {        Report
                        HOUSE OF REPRESENTATIVES
 2d Session      }                                     {       115-606

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



 
                DHS FIELD ENGAGEMENT ACCOUNTABILITY 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. 5079]

    The Committee on Homeland Security, to whom was referred 
the bill (H.R. 5079) to amend the Homeland Security Act of 2002 
to require the Department of Homeland Security to develop an 
engagement strategy with fusion centers, and for other 
purposes, having considered the same, reports favorably thereon 
with an amendment and recommends that the bill as amended do 
pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     3
Background and Need for Legislation..............................     3
Hearings.........................................................     5
Committee Consideration..........................................     5
Committee Votes..................................................     5
Committee Oversight Findings.....................................     5
New Budget Authority, Entitlement Authority, and Tax Expenditures     6
Congressional Budget Office Estimate.............................     6
Statement of General Performance Goals and Objectives............     6
Duplicative Federal Programs.....................................     6
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................     6
Federal Mandates Statement.......................................     6
Preemption Clarification.........................................     6
Disclosure of Directed Rule Makings..............................     7
Advisory Committee Statement.....................................     7
Applicability to Legislative Branch..............................     7
Section-by-Section Analysis of the Legislation...................     7
Changes in Existing Law Made by the Bill, as Reported............     9

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``DHS Field Engagement Accountability 
Act''.

SEC. 2. ENGAGEMENT STRATEGY WITH FUSION CENTERS.

  Section 210A of the Homeland Security Act of 2002 (6 U.S.C. 124h) is 
amended by--
          (1) redesigning subsections (j) and (k) as subsections (k) 
        and (l), respectively; and
          (2) inserting after subsection (i) the following new 
        subsection:
  ``(j) Fusion Center Information Sharing Strategy.--Not later than one 
year after the date of the enactment of this subsection, the Secretary 
shall develop and update at least once every five years a strategy for 
Department engagement with fusion centers. Such strategy shall be 
developed and updated in consultation with the heads of intelligence 
components of the Department, the Chief Privacy Officer of the 
Department, the Officer for Civil Rights and Civil Liberties of the 
Department, officials of fusion centers, officers designated as 
Homeland Security Advisors, and the heads of other relevant agencies, 
as appropriate. Such strategy shall include the following:
          ``(1) Specific goals and objectives for sharing information 
        and engaging with fusion centers--
                  ``(A) through the direct deployment of personnel from 
                intelligence components of the Department;
                  ``(B) through the use of Department unclassified and 
                classified information sharing systems, including the 
                Homeland Security Information Sharing Network and the 
                Homeland Secure Data Network, or any successor systems; 
                and
                  ``(C) through any additional means.
          ``(2) The performance metrics to be used to measure success 
        in achieving the goals and objectives referred to in paragraph 
        (1).
          ``(3) A five-year plan for continued engagement with fusion 
        centers.''.

SEC. 3. OFFICE OF INTELLIGENCE AND ANALYSIS FIELD PERSONNEL SUPPORT TO 
                    FUSION CENTERS.

  (a) Performance Metrics.--Not later than 180 days after the date of 
the enactment of this Act, the Under Secretary for Intelligence and 
Analysis of the Department of Homeland Security shall--
          (1) consider the effectiveness of existing processes to 
        identify and prepare field personnel for deployment to support 
        fusion centers and internal mechanisms to ensure oversight and 
        accountability of such field personnel, including field 
        personnel assigned to one center and field personnel assigned 
        to multiple centers; and
          (2) publish and disseminate performance metrics, taking into 
        account, as appropriate, regional and threat diversity, for--
                  (A) field personnel from the Office of Intelligence 
                and Analysis assigned to an individual fusion center;
                  (B) field personnel from the Office of Intelligence 
                and Analysis assigned to multiple fusion centers; and
                  (C) regional Directors of the Office of Intelligence 
                and Analysis to ensure accountability for monitoring 
                all field personnel under the supervision of such 
                Regional Directors.
  (b) Training.--In consultation with the Chief Information Officer of 
the Department of Homeland Security, the Under Secretary for 
Intelligence and Analysis of the Department shall develop and implement 
a formalized training module for fusion center personnel regarding the 
classified Homeland Secure Data Network of the Department, or any 
successor system.
  (c) Fusion Center Defined.--In this section, the term ``fusion 
center'' has the meaning given such term in section 210A of the 
Homeland Security Act of 2002 (6 U.S.C. 124h).

SEC. 4. DHS COMPONENT USAGE OF THE HOMELAND SECURITY INFORMATION 
                    NETWORK.

  (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Chief Intelligence Officer of the Department 
of Homeland Security, in consultation with the Chief Information 
Officer of the Department, shall--
          (1) develop policies and metrics to ensure effective use by 
        components of the Department of the Department's unclassified 
        Homeland Security Information Sharing Network, or any successor 
        system; and
          (2) develop policies for posting unclassified products on the 
        Homeland Security Information Sharing Network, or any successor 
        system.
  (b) Technical Enhancements.--The Chief Information Officer of the 
Department of Homeland Security, in consultation with the Chief 
Intelligence Officer of the Department, shall assess and implement, as 
appropriate, technical enhancements to the Homeland Security 
Information Sharing Network (HSIN) to improve usability, including 
search functionality, data analysis, and collaboration capabilities.

SEC. 5. REPORT.

  Not later than 18 months after the date of the enactment of this Act, 
the Secretary of Homeland Security shall submit to the Committee on 
Homeland Security of the House of Representatives and the Committee on 
Homeland Security and Governmental Affairs of the Senate a report on 
the implementation of the following:
          (1) The fusion center information sharing strategy required 
        under subsection (j) of section 210A of the Homeland Security 
        Act of 2002 (6 U.S.C. 124h), as added by section 2 of this Act, 
        based on performance metrics developed pursuant to such 
        strategy.
          (2) Field personnel deployed to fusion centers (as such term 
        is defined in section 210A of the Homeland Security Act of 2002 
        (6 U.S.C. 124h)) in accordance with section 3, based on 
        performance metrics developed pursuant to such section.
          (3) Policies that seek to ensure the effective use of the 
        Homeland Security Information Sharing Network in accordance 
        with section 4, based on the metrics developed pursuant to such 
        section.

                          Purpose and Summary

    H.R. 5079 strengthens the relationship between the 
Department of Homeland Security (DHS) and the National Network 
of Fusion Centers. This bill requires the Secretary to develop 
a DHS-wide fusion center engagement strategy, ensure metrics 
are in place to hold field personnel from the Office of 
Intelligence and Analysis (I&A;) accountable for their 
performance at fusion centers, and leverage the Homeland 
Security Information Network (HSIN) to promote greater 
engagement between DHS components and fusion centers.

                  Background and Need for Legislation

    This bill addresses numerous recommendations made by the 
Committee in its 2017 review of the National Network of Fusion 
Centers. Collectively, these recommendations address gaps found 
in Department-wide engagement with fusion centers, both 
virtually and through field personnel deployments.
    The Department of Homeland Security does not have a DHS-
wide strategic plan for engagement with fusion centers. This 
issue was first raised by the Committee in its 2016 review of 
the Department's Intelligence Enterprise (IE)\1\ which found 
that DHS ``does not systematically capitalize on fusion centers 
as potential sources of information or serve them consistently 
as a provider of national-level terrorism intelligence.'' The 
Committee's review found varying levels of engagement with 
fusion centers across the IE, and that many intelligence 
components did not have clear policies in place for deploying 
personnel to fusion centers. Additionally, while the Office of 
Intelligence and Analysis' (I&A;) consolidation of its field 
personnel under one chain of command was a positive first step 
in improving intelligence sharing with fusion centers, the 
report found deficiencies in I&A;'s metrics used to evaluate the 
quality of its engagement with these stakeholders. The 
Committee reviewed existing strategies, polices and guidelines 
in its recent fusion center report and could not locate a 
document detailing a department-wide vision for working with 
fusion centers. As fusion centers move toward an all-crimes, 
all-hazards mission, the need for a coordinate strategy that 
includes all of the Department's components is critical.
---------------------------------------------------------------------------
    \1\DHS's Intelligence Enterprise includes eight offices across the 
Department performing intelligence work, including the intelligence 
offices in Customs and Border Protection, Homeland Security 
Investigations, the Transportation Security Administration, and the 
National Protection and Programs Directorate.
---------------------------------------------------------------------------
    This bill also addresses I&A;'s footprint at fusion centers. 
I&A; has been deploying personnel--Intelligence Officers--to 
fusion centers since 2006 to serve primarily in a liaison 
capacity. In a 2013 report, the Committee found that I&A;'s 
Intelligence Officers (IOs) were covering 88 percent of the 
fusion centers in the National Network. However, in recent 
years, the Committee has learned the number of IOs I&A; can 
deploy to the field has been capped at a certain number, which 
has required I&A; to prioritize and reassign personnel. This 
requirement has led to a reduction in the number IOs assigned 
to fusion centers. As highlighted in the Committee's fusion 
center report, this has had a negative impact on the 
relationships between individual centers and I&A;, and has 
created gaps in information sharing. The Committee has also 
found that some of the poor relationships between fusion 
centers and IOs stemmed from personality issues and perceived 
discrepancies in IO training. The bill will ensure that I&A; has 
the appropriate performance metrics and objectives in place to 
ensure that supervisors and field personnel are held 
accountable for maintaining and maximizing these relationships 
across the National Network of fusion centers.
    In terms of fusion center access to DHS information 
systems, as of October 2017, every fusion center had access to 
the Homeland Security Data Network (HSDN), which is DHS's 
classified network used to collect, disseminate and exchange 
homeland security information. However, the Committee has found 
a disparity in fusion center personnel proficiency on HSDN. The 
Committee heard from numerous fusion centers that their 
personnel have not received any training on HSDN, and one 
fusion center director noted that, as a result, his personnel 
do not know how to leverage their access to this system. 
Additionally, the Committee confirmed that, while I&A; provides 
a comprehensive written tutorial on HSDN, I&A; does not offer 
any standardized in-person training, and relies on its field 
personnel to train fusion center personnel, which occurs on an 
ad-hoc basis. This bill will require I&A; to develop a 
formalized HSDN training module for fusion center personnel.
    The Homeland Security Information Network (HSIN) is DHS's 
unclassified intelligence and document sharing system, and 
HSIN-Intel is the primary platform used by the Department and 
fusion centers to exchange information. In its ongoing 
oversight work on fusion centers, the Committee has found 
widespread satisfaction with this platform's development since 
its inception over a decade. However, the Committee has been 
informed on numerous occasions, including at a Committee 
hearing in February 2015, and during recent site visits to 
fusion centers, that many DHS components do not routinely share 
analytic products on HSIN-Intel and that many documents are not 
posted on a timely basis. The Committee also heard widespread 
complaints from fusion centers about the limited search 
functionality within HSIN, as search results do not appear in 
any specific or logical order, and do not appear to search 
multiple communities of interest at the same time. One fusion 
center official illustrated this problem when they described an 
instance in which they could not locate a document that they 
had authored and previously posted to HSIN. By requiring 
components to have appropriate policies and metrics in place 
for using and posting products to HSIN, and technical 
enhancements to improve usability of the system, the bill will 
ensure all components are leveraging this important platform to 
share critical national security information with fusion 
centers.

                                Hearings

    The Committee did not hold any hearings on H.R. 5079, but 
the Subcommittee on Counterterrorism and Intelligence held 
several hearings relevant to the legislation.
    On February 26, 2015, the Subcommittee on Counterterrorism 
and Intelligence held a hearing entitled, ``Addressing 
Remaining Gaps 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. 5079, 
and ordered the measure to be reported to the House with a 
favorable recommendation, as amended, by unanimous consent. The 
Committee took the following actions:
    The following amendment was offered:

 An amendment offered by Miss Rice of New York (#1); was AGREED 
TO by unanimous consent.
     At the end of the bill add a new section entitled ``Sec. 5. 
Report.''

                            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. 5079.

                      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. 
5079, the DHS Field Engagement Accountability 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. 5079 contains the following 
general performance goals and objectives, including outcome 
related goals and objectives authorized.
    The goal of this bill is to hold DHS more accountable for 
supporting fusion centers and truly utilizing them as a 
resource to the Federal Government.

                      Duplicative Federal Programs

    Pursuant to clause 3(c) of Rule XIII, the Committee finds 
that H.R. 5079 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. 5079 does 
not preempt any State, local, or Tribal law.

                  Disclosure of Directed Rule Makings

    The Committee estimates that H.R. 5079 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 
``DHS Field Engagement Accountability Act''.

Sec. 2.   Engagement Strategy with Fusion Centers.

    This section amends section 210A of the Homeland Security 
Act of 2002 (Pub. L. 107-296) by adding a requirement that the 
Secretary of Homeland Security develop and update at least 
every 5 years a strategy for engagement with fusion centers. 
This section requires the strategy to be developed and updated 
in consultation with the heads of intelligence components of 
the Department, the Chief Privacy Officer of the Department, 
the Office for Civil Rights and Civil Liberties of the 
Department, officials of fusion centers, officers designated as 
Homeland Security Advisors, and the heads of relevant agencies, 
as appropriate.
    This section requires the strategy to include specific DHS 
goals and objectives for sharing information and engaging with 
fusion centers through the direct deployment of personnel from 
intelligence components of the Department, through the use of 
Department unclassified and classified information sharing 
systems, including the Homeland Security Information Sharing 
Network and the Homeland Secure Data Network, and through 
additional means. With the maturation of the National Network, 
many fusion centers have adopted an all-threats, all-hazards 
mission to ensure they are keeping pace with the changing 
threat environment. A DHS-wide fusion center engagement 
strategy that incorporates all the components of the 
Department, as well as information sharing systems, as 
appropriate, will ensure DHS is supporting and leveraging 
fusion centers effectively and efficiently.
    This section also requires the strategy to include the 
performance metrics to be used to measure success in achieving 
the goals and objectives for sharing information and engaging 
with fusion centers.

Sec. 3.   Office of Intelligence and Analysis Field Personnel Support 
        to Fusion Centers.

    This section requires the Under Secretary for Intelligence 
and Analysis to consider the effectiveness of existing 
processes to identify and prepare field personnel for 
deployment to support fusion centers and internal mechanisms to 
ensure oversight and accountability of such field personnel, 
including field personnel assigned to one center, and field 
personnel assigned to multiple centers.
    This section also requires the Under Secretary for 
Intelligence and Analysis to publish and disseminate 
performance metrics and objectives, taking into account, as 
appropriate, regional and threat diversity, for field personnel 
assigned to an individual fusion center as well as those 
assigned to multiple fusion centers. This section also requires 
similar metrics to be developed for Regional Directors of the 
Office of Intelligence and Analysis to ensure accountability 
for monitoring all field personnel under their supervision. 
Among other responsibilities, personnel from the DHS Office of 
Intelligence and Analysis (I&A;) deployed to fusion centers 
serve as Ambassadors of the Department, and are integral in 
shaping and strengthening the relationship between fusion 
centers and DHS. As such, the Department must have appropriate 
performance objectives and metrics in place to ensure greater 
transparency in the expectations of these officers, and 
accountability when issues arise.
    This section also requires the Under Secretary for 
Intelligence and Analysis, in consultation with the Chief 
Information Officer, to develop and implement a formalized 
training module for fusion center personnel regarding the 
classified Homeland Secure Data Network (HSDN) of the 
Department, or any successor system. This specifically 
addresses gaps identified by the Committee in the Department's 
training of fusion center personnel on this system.
    This section also defines ``fusion center'' as the meaning 
given such term in section 210A of the Homeland Security Act of 
2002.

Sec. 4.   DHS Component Usage of the Homeland Security Information 
        Network.

    This section requires the Chief Intelligence Officer of the 
Department (CINT), in consultation with the Chief Information 
Officer of the Department, to develop policies and metrics, not 
later than 180 days after the date of the enactment of this 
Act, to ensure effective use by components of the Department's 
unclassified Homeland Security Information Sharing Network 
(HSIN), or any successor system. This section also requires the 
aforementioned Department officials to develop policies for 
posting unclassified products on HSIN, or any successor system. 
HSIN is a vital platform for sharing information at the 
unclassified level and is relied upon by fusion centers to 
receive threat-related products from the Federal Government. 
However, many DHS components do not routinely share analytic 
products on HSIN-Intel and many documents are not posted on a 
timely basis. It is incumbent on the CINT to ensure the 
appropriate policies and metrics are in place to incentivize 
component use of this system.
    This section also requires the Chief Information Officer of 
the Department, in consultation with the Chief Intelligence 
Officer, to assess and implement, as appropriate, technical 
enhancements to HSIN to improve usability, including search 
functionality, data analysis, and collaboration capabilities.

Sec. 5.   Report.

    This section requires the Secretary of Homeland Security to 
submit a report, no later than 18 months after the date of 
enactment of this Act, to the Committee on Homeland Security of 
the House of Representatives and the Committee on Homeland 
Security and Governmental Affairs of the Senate. The report 
shall include details of the implementation of the fusion 
center information sharing strategy, as added by section 2 of 
this act, based on the performance metrics developed pursuant 
to such strategy. The report shall also include details of the 
implementation of field personnel deployed to fusion centers in 
accordance with section 3, based on performance metrics 
developed pursuant to such section. Last, this report shall 
include details of the implementation of policies that seek to 
ensure the effective use of the Homeland Security Information 
Sharing Network in accordance with section 4, based on the 
metrics developed pursuant to such section.
    1. DHS's Intelligence Enterprise includes eight offices 
across the Department performing intelligence work, including 
the intelligence offices in Customs and Border Protection, 
Homeland Security Investigations, the Transportation Security 
Administration, and the National Protection and Programs 
Directorate.
    2. By statute, the Under Secretary for Intelligence and 
Analysis is dual-hatted as the head of the Office of 
Intelligence and Analysis (I&A;) and as the Chief Intelligence 
Officer (CINT).

         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 italics, 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 Information Sharing Strategy.--Not later 
than one year after the date of the enactment of this 
subsection, the Secretary shall develop and update at least 
once every five years a strategy for Department engagement with 
fusion centers. Such strategy shall be developed and updated in 
consultation with the heads of intelligence components of the 
Department, the Chief Privacy Officer of the Department, the 
Officer for Civil Rights and Civil Liberties of the Department, 
officials of fusion centers, officers designated as Homeland 
Security Advisors, and the heads of other relevant agencies, as 
appropriate. Such strategy shall include the following:
          (1) Specific goals and objectives for sharing 
        information and engaging with fusion centers--
                  (A) through the direct deployment of 
                personnel from intelligence components of the 
                Department;
                  (B) through the use of Department 
                unclassified and classified information sharing 
                systems, including the Homeland Security 
                Information Sharing Network and the Homeland 
                Secure Data Network, or any successor systems; 
                and
                  (C) through any additional means.
          (2) The performance metrics to be used to measure 
        success in achieving the goals and objectives referred 
        to in paragraph (1).
          (3) A five-year plan for continued engagement with 
        fusion centers.
  [(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.

           *       *       *       *       *       *       *


                                  [all]