(a) Awards.--In making cash awards under chapter 45 of
title 5, United States Code, the President or the head of an
agency, in consultation with the program manager designated
under section 1016 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (6 U.S.C. 485), may consider the success
of an employee in appropriately sharing information within the
scope of the information sharing environment established under
that section, including homeland security information,
terrorism information, and weapons of mass destruction
information, or national intelligence (as defined in section
3(5) of the National Security Act of 1947 (50 U.S.C. 401a(5)),
in a manner consistent with any policies, guidelines,
procedures, instructions, or standards established by the
President or, as appropriate, the program manager of that
environment for the implementation and management of that
environment.
(b) Other Incentives.--The head of each department or
agency described in section 1016(i) of the Intelligence Reform
and Terrorism Prevention Act of 2004 (6 U.S.C. 485(i)), in
consultation with the program manager designated under section
1016 of the Intelligence Reform and Terrorism Prevention Act of
2004 (6 U.S.C. 485), shall adopt best practices regarding
effective ways to educate and motivate officers and employees
of the Federal Government to participate fully in the
information sharing environment, including--
(1) promotions and other nonmonetary awards; and
(2) publicizing information sharing accomplishments
by individual employees and, where appropriate, the
tangible end benefits that resulted.
SEC. 210A. [6 U.S.C. 124H] DEPARTMENT OF HOMELAND SECURITY STATE,
LOCAL, AND REGIONAL FUSION CENTER INITIATIVE.
(a) Establishment.--The Secretary, in consultation with the
program manager of the information sharing environment
established under section 1016 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (6 U.S.C. 485), the Attorney
General, the Privacy Officer of the Department, the Officer for
Civil Rights and Civil Liberties of the Department, and the
Privacy and Civil Liberties Oversight Board established under
section 1061 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (5 U.S.C. 601 note), shall establish a
Department of Homeland Security State, Local, and Regional
Fusion Center Initiative to establish 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) 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.
SEC. 210B. [6 U.S.C. 124I] HOMELAND SECURITY INFORMATION SHARING
FELLOWS PROGRAM.
(a) Establishment.--
(1) In general.--The Secretary, acting through the
Under Secretary for Intelligence and Analysis, and in
consultation with the Chief Human Capital Officer,
shall establish a fellowship program in accordance with
this section for the purpose of--
(A) detailing State, local, and tribal law
enforcement officers and intelligence analysts
to the Department in accordance with subchapter
VI of chapter 33 of title 5, United States
Code, to participate in the work of the Office
of Intelligence and Analysis in order to become
familiar with--
(i) the relevant missions and
capabilities of the Department and
other Federal agencies; and
(ii) the role, programs, products,
and personnel of the Office of
Intelligence and Analysis; and
(B) promoting information sharing between
the Department and State, local, and tribal law
enforcement officers and intelligence analysts
by assigning such officers and analysts to--
(i) serve as a point of contact in
the Department to assist in the
representation of State, local, and
tribal information requirements;
(ii) identify information within
the scope of the information sharing
environment, including homeland
security information, terrorism
information, and weapons of mass
destruction information, that is of
interest to State, local, and tribal
law enforcement officers, intelligence
analysts, and other emergency response
providers;
(iii) assist Department analysts in
preparing and disseminating products
derived from information within the
scope of the information sharing
environment, including homeland
security information, terrorism
information, and weapons of mass
destruction information, that are
tailored to State, local, and tribal
law enforcement officers and
intelligence analysts and designed to
prepare for and thwart acts of
terrorism; and
(iv) assist Department analysts in
preparing products derived from
information within the scope of the
information sharing environment,
including homeland security
information, terrorism information, and
weapons of mass destruction
information, that are tailored to
State, local, and tribal emergency
response providers and assist in the
dissemination of such products through
appropriate Department channels.
(2) Program name.--The program under this section
shall be known as the ``Homeland Security Information
Sharing Fellows Program''.
(b) Eligibility.--
(1) In general.--In order to be eligible for
selection as an Information Sharing Fellow under the
program under this section, an individual shall--
(A) have homeland security-related
responsibilities;
(B) be eligible for an appropriate security
clearance;
(C) possess a valid need for access to
classified information, as determined by the
Under Secretary for Intelligence and Analysis;
(D) be an employee of an eligible entity;
and
(E) have undergone appropriate privacy and
civil liberties training that is developed,
supported, or sponsored by the Privacy Officer
and the Officer for Civil Rights and Civil
Liberties, in consultation with the Privacy and
Civil Liberties Oversight Board established
under section 1061 of the Intelligence Reform
and Terrorism Prevention Act of 2004 (5 U.S.C.
601 note).
(2) Eligible entities.--In this subsection, the
term ``eligible entity'' means--
(A) a State, local, or regional fusion
center;
(B) a State or local law enforcement or
other government entity that serves a major
metropolitan area, suburban area, or rural
area, as determined by the Secretary;
(C) a State or local law enforcement or
other government entity with port, border, or
agricultural responsibilities, as determined by
the Secretary;
(D) a tribal law enforcement or other
authority; or
(E) such other entity as the Secretary
determines is appropriate.
(c) Optional Participation.--No State, local, or tribal law
enforcement or other government entity shall be required to
participate in the Homeland Security Information Sharing
Fellows Program.
(d) Procedures for Nomination and Selection.--
(1) In general.--The Under Secretary for
Intelligence and Analysis shall establish procedures to
provide for the nomination and selection of individuals
to participate in the Homeland Security Information
Sharing Fellows Program.
(2) Limitations.--The Under Secretary for
Intelligence and Analysis shall--
(A) select law enforcement officers and
intelligence analysts representing a broad
cross-section of State, local, and tribal
agencies; and
(B) ensure that the number of Information
Sharing Fellows selected does not impede the
activities of the Office of Intelligence and
Analysis.