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[House Report 115-120]
[From the U.S. Government Publishing Office]

115th Congress    }                                     {       Report
                        HOUSE OF REPRESENTATIVES
 1st Session      }                                     {      115-120

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

 
          IMPROVING FUSION CENTERS' ACCESS TO INFORMATION ACT

                                _______
                                

  May 16, 2017.--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. 2169]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security, to whom was referred 
the bill (H.R. 2169) to amend the Homeland Security Act of 2002 
to enhance information sharing in the Department of Homeland 
Security State, Local, and Regional Fusion Center Initiative, 
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..............................................     2
Background and Need for Legislation..............................     2
Hearings.........................................................     3
Committee Consideration..........................................     3
Committee Votes..................................................     3
Committee Oversight Findings.....................................     4
New Budget Authority, Entitlement Authority, and Tax Expenditures     4
Congressional Budget Office Estimate.............................     4
Statement of General Performance Goals and Objectives............     5
Duplicative Federal Programs.....................................     5
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................     5
Federal Mandates Statement.......................................     5
Preemption Clarification.........................................     5
Disclosure of Directed Rule Makings..............................     5
Advisory Committee Statement.....................................     5
Applicability to Legislative Branch..............................     5
Section-by-Section Analysis of the Legislation...................     6
Changes in Existing Law Made by the Bill, as Reported............     6

    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 ``Improving Fusion Centers' Access to 
Information Act''.

SEC. 2. ENHANCED INFORMATION SHARING IN THE DEPARTMENT OF HOMELAND 
                    SECURITY STATE, LOCAL, AND REGIONAL FUSION CENTER 
                    INITIATIVE.

  Subsection (b) of section 210A of the Homeland Security Act of 2002 
(6 U.S.C. 124h) is amended--
          (1) in paragraph (2), by inserting before the semicolon at 
        the end the following: ``and conduct outreach to such fusion 
        centers to identify any gaps in information sharing and consult 
        with other Federal agencies to develop methods to address such 
        gaps, as appropriate'';
          (2) by redesignating paragraphs (3) through (12) as 
        paragraphs (4) through (13), respectively; and
          (3) by inserting after paragraph (2) the following new 
        paragraph:
          ``(3) identify Federal databases and datasets, including 
        databases and datasets used, operated, or managed by Department 
        components, the Federal Bureau of Investigation, and the 
        Department of the Treasury, that are appropriate, in accordance 
        with Federal laws and policies, to address any gaps identified 
        pursuant to paragraph (2), for inclusion in the information 
        sharing environment and coordinate with the appropriate Federal 
        agency to deploy or access such databases and datasets;''.

                          Purpose and Summary

    This bill amends Section 210A of the Homeland Security Act 
of 2002 (Pub. L. 107-296) which pertains to the Department of 
Homeland Security State, Local and Regional Fusion Center 
Initiative. The bill requires the Secretary to conduct outreach 
to fusion centers to proactively identify gaps in information 
sharing and coordinate with the appropriate Federal agency to 
deploy or provide access to these systems or information 
sources as appropriate.

                  Background and Need for Legislation

    In the aftermath of the September 11, 2001 terrorist 
attacks, a number of information sharing failures through U.S. 
Government agencies were identified. In response, States and 
localities began to stand up fusion centers to coordinate 
Federal, State and local information sharing. Since then, 
fusion centers have become a significant conduit for sharing 
terrorism, homeland security, and criminal information with 
State, local, tribal, and territorial partners. The National 
Network of Fusion Centers, made up of 78 recognized fusion 
centers, has continued to mature into a national asset, but has 
struggled to gain access to information that will further 
enhance fusion centers' abilities to detect and prevent 
terrorist attacks.
    In 2007, Congress included language in the Implementing 
Recommendations of the 9/11 Commission Act (Pub. L. 110-53) to 
require the Department of Homeland Security (DHS) establish the 
Department of Homeland Security State, Local, and Regional 
Fusion Center Initiative to increase DHS support for fusion 
centers. Current law requires the Secretary of Homeland 
Security to ``provide operational and intelligence advice,'' 
``support efforts to include State, local and regional fusion 
centers into efforts to establish an information sharing 
environment,'' and ``serve as a point of contact to ensure the 
dissemination of information within the scope of the 
information sharing environment.'', among other requirements. 
Despite these existing requirements, the Committee has found 
that the Department does not regularly assess if fusion centers 
have access to necessary information or data bases held by 
other Federal agencies.\1\
---------------------------------------------------------------------------
    \1\ This was confirmed most recently during a briefing with 
representatives from the Office of Intelligence and Analysis (I&A) and 
Committee staff on April 7, 2017.
---------------------------------------------------------------------------
    During the 114th Congress, the Counterterrorism and 
Intelligence Subcommittee held two hearings with State and 
local law enforcement representatives to receive testimony 
regarding gaps in Federal, State, and local information 
sharing. At both hearings, Members heard that State and local 
law enforcement officials and fusion centers did not have 
access to certain information and information systems, 
including those operated by the Federal Bureau of Investigation 
and the Department of Treasury. Witnesses mentioned several 
reasons, including personnel relationships and Federal 
policies, that continue to prevent State and local law 
enforcement and fusion centers from getting access to the 
information and information systems needed to keep their 
communities safe.
    H.R. 2169, the Improving Fusion Centers' Access to 
Information Act, addresses this concern by requiring the 
Secretary to conduct outreach with the fusion centers to 
identify information sharing gaps and work with the appropriate 
Federal agencies to address these gaps. Additionally, the 
Secretary is required to identify Federal data bases and 
information systems that should be included in the information 
sharing environment and coordinate with the appropriate Federal 
agency to deploy such systems. In short, the bill requires the 
Department of Homeland Security to be an information sharing 
advocate on behalf of fusion centers.

                                Hearings

    No hearings were held on H.R. 2169 in the 115th Congress.

                        Committee Consideration

    The Committee met on May 3, 2017, to consider H.R. 2169, 
and ordered the measure to be reported to the House with a 
favorable recommendation, as amended, by voice vote. The 
Committee took the following actions:
    The Committee agreed to H.R. 2169, as amended, by voice 
vote.
    The following amendment was offered:
 An amendment offered by Mr. Katko (#1); was AGREED TO by voice 
vote.
     An amendment offered by Mr. Katko (#1); Page 2, beginning line 18, 
strike ``information systems'' and insert ``datasets''.
     Page 2, line 19, strike ``including systems'' and insert 
``including databases and datasets''.
     Page 2, line 22, insert ``, in accordance with Federal laws and 
policies, to address any gaps identified pursuant to paragraph (2),'' 
after ``appropriate''.
     Page 2, line 25, strike ``systems'' and insert ``databases and 
datasets''.

                            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. 2169.

                      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. 
2169, the Improving Fusion Centers' Access to Information Act, 
would result in no new or increased budget authority, 
entitlement authority, or tax expenditures or revenues.

                  Congressional Budget Office Estimate

    The Committee adopts as its own the cost estimate prepared 
by the Director of the Congressional Budget Office pursuant to 
section 402 of the Congressional Budget Act of 1974.

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, May 12, 2017.
Hon. Michael McCaul,
Chairman, Committee on Homeland Security,
House of Representatives; Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 2169, the 
Improving Fusion Centers' Access to Information Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Mark 
Grabowicz.
            Sincerely,
                                                        Keith Hall.
    Enclosure.

H.R. 2169--Improving Fusion Centers' Access to Information Act

    H.R. 2169 would modify current laws relating to fusion 
centers, which are supported by the Department of Homeland 
Security (DHS); those centers facilitate information sharing 
among federal, state, and local authorities. The bill's 
provisions would aim to improve and expand communication. 
Because the department is currently carrying out activities 
similar to those required by the bill, CBO estimates that 
implementing H.R. 2169 would not have a significant effect on 
spending by DHS.
    Enacting the legislation would not affect direct spending 
or revenues; therefore, pay-as-you-go procedures do not apply. 
CBO estimates that enacting H.R. 2169 would not increase net 
direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2028.
    H.R. 2169 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would not affect the budgets of state, local, or tribal 
governments.
    The CBO staff contact for this estimate is Mark Grabowicz. 
The estimate was approved by H. Samuel Papenfuss, Deputy 
Assistant Director for Budget Analysis.

         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. 2169 contains the following 
general performance goals and objectives, including outcome 
related goals and objectives authorized.
    The goal of this legislation is to strengthen information 
sharing with the State, Local, and Regional Fusion Centers by 
requiring the Secretary to identify gaps in information sharing 
and address such gaps and identify additional information that 
may be appropriately shared with such fusion centers.

                      Duplicative Federal Programs

    Pursuant to clause 3(c) of Rule XIII, the Committee finds 
that H.R. 2169 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

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

                        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. 2169 does 
not preempt any State, local, or Tribal law.

                  Disclosure of Directed Rule Makings

    The Committee estimates that H.R. 2169 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 
``Improving Fusion Centers' Access to Information Act''.

Sec. 2.  Enhanced Information Sharing in the Department of Homeland 
        Security State, Local, and Regional Fusion Center Initiative.

    This section amends 210A(b) of the Homeland Security Act of 
2002 (Pub. L. 107-296) to require the Secretary to conduct 
outreach to fusion centers to identify gaps in information 
sharing and consult with other federal agencies to develop 
methods to address these gaps. Additionally, this section 
requires the Secretary to identify Federal databases and data 
sets, including those operated by the Federal Bureau of 
Investigation and the Department of Treasury, that are 
appropriate for inclusion in the information sharing 
environment and requires the Secretary to coordinate with the 
appropriate Federal agency to provide access to these databases 
and data sets.

         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 and conduct outreach to 
        such fusion centers to identify any gaps in information 
        sharing and consult with other Federal agencies to 
        develop methods to address such gaps, as appropriate;
          (3) identify Federal databases and datasets, 
        including databases and datasets used, operated, or 
        managed by Department components, the Federal Bureau of 
        Investigation, and the Department of the Treasury, that 
        are appropriate, in accordance with Federal laws and 
        policies, to address any gaps identified pursuant to 
        paragraph (2), for inclusion in the information sharing 
        environment and coordinate with the appropriate Federal 
        agency to deploy or access such databases and datasets;
          [(3)] (4) 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)] (5) coordinate with other relevant Federal 
        entities engaged in homeland security-related 
        activities;
          [(5)] (6) provide analytic and reporting advice and 
        assistance to State, local, and regional fusion 
        centers;
          [(6)] (7) 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)] (8) provide management assistance to State, 
        local, and regional fusion centers;
          [(8)] (9) 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)] (10) facilitate close communication and 
        coordination between State, local, and regional fusion 
        centers and the Department;
          [(10)] (11) provide State, local, and regional fusion 
        centers with expertise on Department resources and 
        operations;
          [(11)] (12) 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)] (13) carry out such other duties as the 
        Secretary determines are appropriate.
  (c) Personnel Assignment.--
          (1) In general.--The Under Secretary for Intelligence 
        and Analysis shall, to the maximum extent practicable, 
        assign officers and intelligence analysts from 
        components of the Department to participating State, 
        local, and regional fusion centers.
          (2) Personnel sources.--Officers and intelligence 
        analysts assigned to participating fusion centers under 
        this subsection may be assigned from the following 
        Department components, in coordination with the 
        respective component head and in consultation with the 
        principal officials of participating fusion centers:
                  (A) Office of Intelligence and Analysis.
                  (B) Office of Infrastructure Protection.
                  (C) Transportation Security Administration.
                  (D) United States Customs and Border 
                Protection.
                  (E) United States Immigration and Customs 
                Enforcement.
                  (F) United States Coast Guard.
                  (G) Other components of the Department, as 
                determined by the Secretary.
          (3) Qualifying criteria.--
                  (A) In general.--The Secretary shall develop 
                qualifying criteria for a fusion center to 
                participate in the assigning of Department 
                officers or intelligence analysts under this 
                section.
                  (B) Criteria.--Any criteria developed under 
                subparagraph (A) may include--
                          (i) whether the fusion center, 
                        through its mission and governance 
                        structure, focuses on a broad 
                        counterterrorism approach, and whether 
                        that broad approach is pervasive 
                        through all levels of the organization;
                          (ii) whether the fusion center has 
                        sufficient numbers of adequately 
                        trained personnel to support a broad 
                        counterterrorism mission;
                          (iii) whether the fusion center has--
                                  (I) access to relevant law 
                                enforcement, emergency 
                                response, private sector, open 
                                source, and national security 
                                data; and
                                  (II) the ability to share and 
                                analytically utilize that data 
                                for lawful purposes;
                          (iv) whether the fusion center is 
                        adequately funded by the State, local, 
                        or regional government to support its 
                        counterterrorism mission; and
                          (v) the relevancy of the mission of 
                        the fusion center to the particular 
                        source component of Department officers 
                        or intelligence analysts.
          (4) Prerequisite.--
                  (A) Intelligence analysis, privacy, and civil 
                liberties training.--Before being assigned to a 
                fusion center under this section, an officer or 
                intelligence analyst shall undergo--
                          (i) appropriate intelligence analysis 
                        or information sharing training using 
                        an intelligence-led policing curriculum 
                        that is consistent with--
                                  (I) standard training and 
                                education programs offered to 
                                Department law enforcement and 
                                intelligence personnel; and
                                  (II) the Criminal 
                                Intelligence Systems Operating 
                                Policies under part 23 of title 
                                28, Code of Federal Regulations 
                                (or any corresponding similar 
                                rule or regulation);
                          (ii) appropriate privacy and civil 
                        liberties training that is developed, 
                        supported, or sponsored by the Privacy 
                        Officer appointed under section 222 and 
                        the Officer for Civil Rights and Civil 
                        Liberties of the Department, in 
                        consultation with the Privacy and Civil 
                        Liberties Oversight Board established 
                        under section 1061 of the Intelligence 
                        Reform and Terrorism Prevention Act of 
                        2004 (5 U.S.C. 601 note); and
                          (iii) such other training prescribed 
                        by the Under Secretary for Intelligence 
                        and Analysis.
                  (B) Prior work experience in area.--In 
                determining the eligibility of an officer or 
                intelligence analyst to be assigned to a fusion 
                center under this section, the Under Secretary 
                for Intelligence and Analysis shall consider 
                the familiarity of the officer or intelligence 
                analyst with the State, locality, or region, as 
                determined by such factors as whether the 
                officer or intelligence analyst--
                          (i) has been previously assigned in 
                        the geographic area; or
                          (ii) has previously worked with 
                        intelligence officials or law 
                        enforcement or other emergency response 
                        providers from that State, locality, or 
                        region.
          (5) Expedited security clearance processing.--The 
        Under Secretary for Intelligence and Analysis--
                  (A) shall ensure that each officer or 
                intelligence analyst assigned to a fusion 
                center under this section has the appropriate 
                security clearance to contribute effectively to 
                the mission of the fusion center; and
                  (B) may request that security clearance 
                processing be expedited for each such officer 
                or intelligence analyst and may use available 
                funds for such purpose.
          (6) Further qualifications.--Each officer or 
        intelligence analyst assigned to a fusion center under 
        this section shall satisfy any other qualifications the 
        Under Secretary for Intelligence and Analysis may 
        prescribe.
  (d) Responsibilities.--An officer or intelligence analyst 
assigned to a fusion center under this section shall--
          (1) assist law enforcement agencies and other 
        emergency response providers of State, local, and 
        tribal governments and fusion center personnel in using 
        information within the scope of the information sharing 
        environment, including homeland security information, 
        terrorism information, and weapons of mass destruction 
        information, to develop a comprehensive and accurate 
        threat picture;
          (2) review homeland security-relevant information 
        from law enforcement agencies and other emergency 
        response providers of State, local, and tribal 
        government;
          (3) create intelligence and other information 
        products derived from such information and other 
        homeland security-relevant information provided by the 
        Department; and
          (4) assist in the dissemination of such products, as 
        coordinated by the Under Secretary for Intelligence and 
        Analysis, to law enforcement agencies and other 
        emergency response providers of State, local, and 
        tribal government, other fusion centers, and 
        appropriate Federal agencies.
  (e) Border Intelligence Priority.--
          (1) In general.--The Secretary shall make it a 
        priority to assign officers and intelligence analysts 
        under this section from United States Customs and 
        Border Protection, United States Immigration and 
        Customs Enforcement, and the Coast Guard to 
        participating State, local, and regional fusion centers 
        located in jurisdictions along land or maritime borders 
        of the United States in order to enhance the integrity 
        of and security at such borders by helping Federal, 
        State, local, and tribal law enforcement authorities to 
        identify, investigate, and otherwise interdict persons, 
        weapons, and related contraband that pose a threat to 
        homeland security.
          (2) Border intelligence products.--When performing 
        the responsibilities described in subsection (d), 
        officers and intelligence analysts assigned to 
        participating State, local, and regional fusion centers 
        under this section shall have, as a primary 
        responsibility, the creation of border intelligence 
        products that--
                  (A) assist State, local, and tribal law 
                enforcement agencies in deploying their 
                resources most efficiently to help detect and 
                interdict terrorists, weapons of mass 
                destruction, and related contraband at land or 
                maritime borders of the United States;
                  (B) promote more consistent and timely 
                sharing of border security-relevant information 
                among jurisdictions along land or maritime 
                borders of the United States; and
                  (C) enhance the Department's situational 
                awareness of the threat of acts of terrorism at 
                or involving the land or maritime borders of 
                the United States.
  (f) Database Access.--In order to fulfill the objectives 
described under subsection (d), each officer or intelligence 
analyst assigned to a fusion center under this section shall 
have appropriate access to all relevant Federal databases and 
information systems, consistent with any policies, guidelines, 
procedures, instructions, or standards established by the 
President or, as appropriate, the program manager of the 
information sharing environment for the implementation and 
management of that environment.
  (g) Consumer Feedback.--
          (1) In general.--The Secretary shall create a 
        voluntary mechanism for any State, local, or tribal law 
        enforcement officer or other emergency response 
        provider who is a consumer of the intelligence or other 
        information products referred to in subsection (d) to 
        provide feedback to the Department on the quality and 
        utility of such intelligence products.
          (2) Report.--Not later than one year after the date 
        of the enactment of the Implementing Recommendations of 
        the 9/11 Commission Act of 2007, and annually 
        thereafter, the Secretary shall submit to the Committee 
        on Homeland Security and Governmental Affairs of the 
        Senate and the Committee on Homeland Security of the 
        House of Representatives a report that includes a 
        description of the consumer feedback obtained under 
        paragraph (1) and, if applicable, how the Department 
        has adjusted its production of intelligence products in 
        response to that consumer feedback.
  (h) Rule of Construction.--
          (1) In general.--The authorities granted under this 
        section shall supplement the authorities granted under 
        section 201(d) and nothing in this section shall be 
        construed to abrogate the authorities granted under 
        section 201(d).
          (2) Participation.--Nothing in this section shall be 
        construed to require a State, local, or regional 
        government or entity to accept the assignment of 
        officers or intelligence analysts of the Department 
        into the fusion center of that State, locality, or 
        region.
  (i) Guidelines.--The Secretary, in consultation with the 
Attorney General, shall establish guidelines for fusion centers 
created and operated by State and local governments, to include 
standards that any such fusion center shall--
          (1) collaboratively develop a mission statement, 
        identify expectations and goals, measure performance, 
        and determine effectiveness for that fusion center;
          (2) create a representative governance structure that 
        includes law enforcement officers and other emergency 
        response providers and, as appropriate, the private 
        sector;
          (3) create a collaborative environment for the 
        sharing of intelligence and information among Federal, 
        State, local, and tribal government agencies (including 
        law enforcement officers and other emergency response 
        providers), the private sector, and the public, 
        consistent with any policies, guidelines, procedures, 
        instructions, or standards established by the President 
        or, as appropriate, the program manager of the 
        information sharing environment;
          (4) leverage the databases, systems, and networks 
        available from public and private sector entities, in 
        accordance with all applicable laws, to maximize 
        information sharing;
          (5) develop, publish, and adhere to a privacy and 
        civil liberties policy consistent with Federal, State, 
        and local law;
          (6) provide, in coordination with the Privacy Officer 
        of the Department and the Officer for Civil Rights and 
        Civil Liberties of the Department, appropriate privacy 
        and civil liberties training for all State, local, 
        tribal, and private sector representatives at the 
        fusion center;
          (7) ensure appropriate security measures are in place 
        for the facility, data, and personnel;
          (8) select and train personnel based on the needs, 
        mission, goals, and functions of that fusion center;
          (9) offer a variety of intelligence and information 
        services and products to recipients of fusion center 
        intelligence and information; and
          (10) incorporate law enforcement officers, other 
        emergency response providers, and, as appropriate, the 
        private sector, into all relevant phases of the 
        intelligence and fusion process, consistent with the 
        mission statement developed under paragraph (1), either 
        through full time representatives or liaison 
        relationships with the fusion center to enable the 
        receipt and sharing of information and intelligence.
  (j) Definitions.--In this section--
          (1) the term ``fusion center'' means a collaborative 
        effort of 2 or more Federal, State, local, or tribal 
        government agencies that combines resources, expertise, 
        or information with the goal of maximizing the ability 
        of such agencies to detect, prevent, investigate, 
        apprehend, and respond to criminal or terrorist 
        activity;
          (2) the term ``information sharing environment'' 
        means the information sharing environment established 
        under section 1016 of the Intelligence Reform and 
        Terrorism Prevention Act of 2004 (6 U.S.C. 485);
          (3) the term ``intelligence analyst'' means an 
        individual who regularly advises, administers, 
        supervises, or performs work in the collection, 
        gathering, analysis, evaluation, reporting, production, 
        or dissemination of information on political, economic, 
        social, cultural, physical, geographical, scientific, 
        or military conditions, trends, or forces in foreign or 
        domestic areas that directly or indirectly affect 
        national security;
          (4) the term ``intelligence-led policing'' means the 
        collection and analysis of information to produce an 
        intelligence end product designed to inform law 
        enforcement decision making at the tactical and 
        strategic levels; and
          (5) the term ``terrorism information'' has the 
        meaning given that term in section 1016 of the 
        Intelligence Reform and Terrorism Prevention Act of 
        2004 (6 U.S.C. 485).
  (k) Authorization of Appropriations.--There is authorized to 
be appropriated $10,000,000 for each of fiscal years 2008 
through 2012, to carry out this section, except for subsection 
(i), including for hiring officers and intelligence analysts to 
replace officers and intelligence analysts who are assigned to 
fusion centers under this section.

           *       *       *       *       *       *       *

                                  [all]
```