SEC. 210. [6 U.S.C. 124G] INFORMATION SHARING INCENTIVES.

(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.

Homeland Security Act of 2002 Updated Through October 14, 2008 · 第 69 / 282 题