§ 124h.
Department of Homeland Security State, Local, and Regional Fusion Center Initiative
(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.
(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
(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.
(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 1 year after March 2, 2020, and not less frequently than once every 5 years thereafter, the Secretary shall develop or update 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, the Officer for Civil Rights and Civil Liberties, 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 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 5-year plan for continued engagement with fusion centers.
(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 485 of this title;
(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
([Pub. L. 107–296, title II, § 210A], as added [Pub. L. 110–53, title V, § 511(a)], Aug. 3, 2007, [121 Stat. 317]; amended [Pub. L. 115–278, § 2(g)(2)(F)], Nov. 16, 2018, [132 Stat. 4177]; [Pub. L. 116–116, § 2], Mar. 2, 2020, [134 Stat. 110].)