6 U.S.C. § 124h — Department of Homeland Security State,

Page 44 TITLE 6—DOMESTIC SECURITY § 124g 1 So in original. A closing parenthesis probably should precede the comma. (2) ensure that the curriculum includes exec- utive level training for senior level State, local, and tribal law enforcement officers, in- telligence analysts, and other emergency re- sponse providers. (b) Training To the extent possible, the Federal Law En- forcement Training Center and other existing Federal entities with the capacity and expertise to train State, local, and tribal government offi- cials based on the curriculum developed under subsection (a) shall be used to carry out the training programs created under this section. If such entities do not have the capacity, re- sources, or capabilities to conduct such train- ing, the Secretary may approve another entity to conduct such training. (c) Consultation In carrying out the duties described in sub- section (a), the Under Secretary for Intelligence and Analysis shall consult with the Director of the Federal Law Enforcement Training Center, the Attorney General, the Director of National Intelligence, the Administrator of the Federal Emergency Management Agency, and other ap- propriate parties, such as private industry, in- stitutions of higher education, nonprofit institu- tions, and other intelligence agencies of the Federal Government. (Pub. L. 107–296, title II, § 209, as added Pub. L. 110–53, title V, § 503(a), Aug. 3, 2007, 121 Stat. 312.) § 124g. Information sharing incentives (a) Awards In making cash awards under chapter 45 of title 5, the President or the head of an agency, in consultation with the program manager des- ignated under section 485 of this title, may con- sider the success of an employee in appro- priately sharing information within the scope of the information sharing environment estab- lished under that section, including homeland security information, terrorism information, and weapons of mass destruction information, or national intelligence (as defined in section 3003(5) of title 50 1, in a manner consistent with any policies, guidelines, procedures, instruc- tions, or standards established by the President or, as appropriate, the program manager of that environment for the implementation and man- agement of that environment. (b) Other incentives The head of each department or agency de- scribed in section 485(h) of this title, in con- sultation with the program manager designated under section 485 of this title, shall adopt best practices regarding effective ways to educate and motivate officers and employees of the Fed- eral Government to participate fully in the in- formation sharing environment, including— (1) promotions and other nonmonetary awards; and (2) publicizing information sharing accom- plishments by individual employees and, where appropriate, the tangible end benefits that resulted. (Pub. L. 107–296, title II, § 210, as added Pub. L. 110–53, title V, § 503(a), Aug. 3, 2007, 121 Stat. 313; amended Pub. L. 117–263, div. F, title LXVIII, § 6811(c)(2), Dec. 23, 2022, 136 Stat. 3601.) Editorial Notes AMENDMENTS 2022—Subsec. (b). Pub. L. 117–263 substituted ‘‘section 485(h) of this title’’ for ‘‘section 485(i) of this title’’ in introductory provisions. § 124h. Department of Homeland Security State, Local, and Regional Fusion Center Initiative (a) Establishment The Secretary, in consultation with the pro- gram manager of the information sharing envi- ronment established under section 485 of this title, 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 es- tablished under section 2000ee of title 42, shall establish a Department of Homeland Security State, Local, and Regional Fusion Center Initia- tive to establish partnerships with State, local, and regional fusion centers. (b) Department support and coordination Through the Department of Homeland Secu- rity State, Local, and Regional Fusion Center Initiative, and in coordination with the prin- cipal officials of participating State, local, or regional fusion centers and the officers des- ignated as the Homeland Security Advisors of the States, the Secretary shall— (1) provide operational and intelligence ad- vice and assistance to State, local, and re- gional fusion centers; (2) support efforts to include State, local, and regional fusion centers into efforts to es- tablish an information sharing environment; (3) conduct tabletop and live training exer- cises to regularly assess the capability of indi- vidual and regional networks of State, local, and regional fusion centers to integrate the ef- forts 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, includ- ing 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 De- partment’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, in- cluding homeland security information, ter- rorism information, and weapons of mass de- struction information; (9) facilitate close communication and co- ordination between State, local, and regional fusion centers and the Department; Page 45 TITLE 6—DOMESTIC SECURITY § 124h (10) provide State, local, and regional fusion centers with expertise on Department re- sources and operations; (11) provide training to State, local, and re- gional fusion centers and encourage such fu- sion centers to participate in terrorism threat-related exercises conducted by the De- partment; and (12) carry out such other duties as the Sec- retary determines are appropriate. (c) Personnel assignment (1) In general The Under Secretary for Intelligence and Analysis shall, to the maximum extent prac- ticable, assign officers and intelligence ana- lysts 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 sub- section may be assigned from the following Department components, in coordination with the respective component head and in con- sultation with the principal officials of par- ticipating fusion centers: (A) Office of Intelligence and Analysis. (B) Cybersecurity and Infrastructure Secu- rity Agency. (C) Transportation Security Administra- tion. (D) United States Customs and Border Pro- tection. (E) United States Immigration and Cus- toms 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 cri- teria for a fusion center to participate in the assigning of Department officers or intel- ligence 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 suffi- cient numbers of adequately trained per- sonnel 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 analyt- ically utilize that data for lawful pur- poses; (iv) whether the fusion center is ade- quately funded by the State, local, or re- gional government to support its counterterrorism mission; and (v) the relevancy of the mission of the fusion center to the particular source com- ponent of Department officers or intel- ligence 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 in- telligence-led policing curriculum that is consistent with— (I) standard training and education programs offered to Department law en- forcement 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 regula- tion); (ii) appropriate privacy and civil lib- erties training that is developed, sup- ported, or sponsored by the Privacy Officer appointed under section 142 of this title and the Officer for Civil Rights and Civil Liberties of the Department, in consulta- tion with the Privacy and Civil Liberties Oversight Board established under section 2000ee of title 42; 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 in- telligence 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 intel- ligence 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 intel- ligence analyst assigned to a fusion center under this section has the appropriate secu- rity 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 avail- able funds for such purpose. (6) Further qualifications Each officer or intelligence analyst assigned to a fusion center under this section shall sat- isfy any other qualifications the Under Sec- retary for Intelligence and Analysis may pre- scribe. Page 46 TITLE 6—DOMESTIC SECURITY § 124h (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 cen- ter personnel in using information within the scope of the information sharing environment, including homeland security information, ter- rorism information, and weapons of mass de- struction information, to develop a com- prehensive and accurate threat picture; (2) review homeland security-relevant infor- mation 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 prod- ucts, as coordinated by the Under Secretary for Intelligence and Analysis, to law enforce- ment agencies and other emergency response providers of State, local, and tribal govern- ment, other fusion centers, and appropriate Federal agencies. (e) Border intelligence priority (1) In general The Secretary shall make it a priority to as- sign 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 re- gional 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 au- thorities to identify, investigate, and other- wise interdict persons, weapons, and related contraband that pose a threat to homeland se- curity. (2) Border intelligence products When performing the responsibilities de- scribed in subsection (d), officers and intel- ligence analysts assigned to participating State, local, and regional fusion centers under this section shall have, as a primary responsi- bility, the creation of border intelligence prod- ucts that— (A) assist State, local, and tribal law en- forcement agencies in deploying their re- sources most efficiently to help detect and interdict terrorists, weapons of mass de- struction, and related contraband at land or maritime borders of the United States; (B) promote more consistent and timely sharing of border security-relevant informa- tion among jurisdictions along land or mari- time 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 rel- evant Federal databases and information sys- tems, consistent with any policies, guidelines, procedures, instructions, or standards estab- lished by the President or, as appropriate, the program manager of the information sharing en- vironment for the implementation and manage- ment 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 re- sponse provider who is a consumer of the in- telligence or other information products re- ferred 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 August 3, 2007, and annually thereafter, the Secretary shall submit to the Committee on Homeland Secu- rity and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report that in- cludes a description of the consumer feedback obtained under paragraph (1) and, if applica- ble, how the Department has adjusted its pro- duction 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 121(d) of this title and nothing in this section shall be construed to abrogate the authorities granted under section 121(d) of this title. (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 Attor- ney 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 state- ment, identify expectations and goals, meas- ure performance, and determine effectiveness for that fusion center; (2) create a representative governance struc- ture 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 gov- ernment agencies (including law enforcement officers and other emergency response pro- viders), the private sector, and the public, con- sistent with any policies, guidelines, proce- Page 47 TITLE 6—DOMESTIC SECURITY § 124h dures, instructions, or standards established by the President or, as appropriate, the pro- gram manager of the information sharing en- vironment; (4) leverage the databases, systems, and net- works 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 Fed- eral, 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 Depart- ment, 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 fu- sion center; (9) offer a variety of intelligence and infor- mation 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 rel- evant phases of the intelligence and fusion process, consistent with the mission state- ment developed under paragraph (1), either through full time representatives or liaison re- lationships with the fusion center to enable the receipt and sharing of information and in- telligence. (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 fu- sion 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 Secu- rity Advisors, and the heads of other relevant agencies, as appropriate. Such strategy shall in- clude the following: (1) Specific goals and objectives for sharing information and engaging with fusion cen- ters— (A) through the direct deployment of per- sonnel from intelligence components of the Department; (B) through the use of Department unclas- sified and classified information sharing sys- tems, including the Homeland Security In- formation Network and the Homeland Se- cure Data Network, or any successor sys- tems; and (C) through any additional means. (2) The performance metrics to be used to measure success in achieving the goals and ob- jectives 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 col- laborative effort of 2 or more Federal, State, local, or tribal government agencies that com- bines resources, expertise, or information with the goal of maximizing the ability of such agencies to detect, prevent, investigate, appre- hend, and respond to criminal or terrorist ac- tivity; (2) the term ‘‘information sharing environ- ment’’ means the information sharing envi- ronment 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, phys- ical, geographical, scientific, or military con- ditions, trends, or forces in foreign or domes- tic areas that directly or indirectly affect na- tional security; (4) the term ‘‘intelligence-led policing’’ means the collection and analysis of informa- tion to produce an intelligence end product de- signed 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 485 of this title. (l) Authorization of appropriations There is authorized to be appropriated $10,000,000 for each of fiscal years 2008 through 2012, to carry out this section, except for sub- section (i), including for hiring officers and in- telligence analysts to replace officers and intel- ligence analysts who are assigned to fusion cen- ters under this section. (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.) Editorial Notes AMENDMENTS 2020—Subsecs. (j) to (l). Pub. L. 116–116 added subsec. (j) and redesignated former subsecs. (j) and (k) as (k) and (l), respectively. 2018—Subsec. (c)(2)(B). Pub. L. 115–278 substituted ‘‘Cybersecurity and Infrastructure Security Agency’’ for ‘‘Office of Infrastructure Protection’’. Statutory Notes and Related Subsidiaries OFFICE OF INTELLIGENCE AND ANALYSIS FIELD PERSONNEL SUPPORT TO FUSION CENTERS Pub. L. 116–116, § 3, Mar. 2, 2020, 134 Stat. 111, provided that: ‘‘(a) PERFORMANCE METRICS.—Not later than 180 days after the date of the enactment of this Act [Mar. 2, 2020], the Under Secretary for Intelligence and Analysis shall— ‘‘(1) consider the effectiveness of existing processes to identify and prepare field personnel for deploy- ment to support fusion centers and internal mecha- nisms to ensure oversight and accountability of such field personnel, including field personnel assigned to one center and field personnel assigned to multiple centers; and Page 48 TITLE 6—DOMESTIC SECURITY § 124h–1 1 So in original. Probably should be ‘‘51609;’’. ‘‘(2) publish and disseminate performance metrics, taking into account, as appropriate, regional and threat diversity, for— ‘‘(A) field personnel from the Office of Intel- ligence and Analysis assigned to an individual fu- sion center; ‘‘(B) field personnel from the Office of Intel- ligence and Analysis assigned to multiple fusion centers; and ‘‘(C) Regional Directors of the Office of Intel- ligence and Analysis to ensure accountability for monitoring all field personnel under the super- vision of such Regional Directors. ‘‘(b) TRAINING.—In consultation with the Chief Infor- mation Officer, the Under Secretary for Intelligence and Analysis shall develop and implement a formalized training module for fusion center personnel regarding the classified Homeland Secure Data Network, or any successor system. ‘‘(c) FUSION CENTER DEFINED.—In this section, the term ‘fusion center’ has the meaning given such term in section 210A(k) of the Homeland Security Act of 2002 [6 U.S.C. 124h(k)], as so redesignated by section 2 [amending this section].’’ TRAINING FOR PREDEPLOYED OFFICERS AND ANALYSTS Pub. L. 110–53, title V, § 511(b), Aug. 3, 2007, 121 Stat. 323, provided that: ‘‘An officer or analyst assigned to a fusion center by the Secretary of Homeland Security before the date of the enactment of this Act [Aug. 3, 2007] shall undergo the training described in section 210A(c)(4)(A) of the Homeland Security Act of 2002 [6 U.S.C. 124h(c)(4)(A)], as added by subsection (a), by not later than 6 months after such date.’’ § 124h–1. Threat information sharing (a) Prioritization The Secretary of Homeland Security shall prioritize the assignment of officers and intel- ligence analysts under section 124h of this title from the Transportation Security Administra- tion and, as appropriate, from the Office of In- telligence and Analysis of the Department of Homeland Security, to locations with partici- pating State, local, and regional fusion centers in jurisdictions with a high-risk surface trans- portation asset in order to enhance the security of such assets, including by improving timely sharing, in a manner consistent with the protec- tion of privacy rights, civil rights, and civil lib- erties, of information regarding threats of ter- rorism and other threats, including targeted vi- olence. (b) Intelligence products Officers and intelligence analysts assigned to locations with participating State, local, and re- gional fusion centers under this section shall participate in the generation and dissemination of transportation security intelligence products, with an emphasis on such products that relate to threats of terrorism and other threats, in- cluding targeted violence, to surface transpor- tation assets that— (1) assist State, local, and Tribal law en- forcement agencies in deploying their re- sources, including personnel, most efficiently to help detect, prevent, investigate, appre- hend, and respond to such threats; (2) promote more consistent and timely sharing with and among jurisdictions of threat information; and (3) enhance the Department of Homeland Se- curity’s situational awareness of such threats. (c) Clearances The Secretary of Homeland Security shall make available to appropriate owners and opera- tors of surface transportation assets, and to any other person that the Secretary determines ap- propriate to foster greater sharing of classified information relating to threats of terrorism and other threats, including targeted violence, to surface transportation assets, the process of ap- plication for security clearances under Execu- tive Order No. 13549 (75 Fed. Reg. 162; 1 relating to a classified national security information program) or any successor Executive order. (d) Report to Congress Not later than one year after December 27, 2021, the Secretary of Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives and the Com- mittee on Homeland Security and Governmental Affairs of the Senate a report that includes a de- tailed description of the measures used to en- sure privacy rights, civil rights, and civil lib- erties protections in carrying out this section. (e) GAO report Not later than two years after December 27, 2021, the Comptroller General of the United States shall submit to the Committee on Home- land Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a review of the implementation of this section, including an assessment of the measures used to ensure pri- vacy rights, civil rights, and civil liberties pro- tections, and any recommendations to improve this implementation, together with any rec- ommendations to improve information sharing with State, local, Tribal, territorial, and private sector entities to prevent, identify, and respond to threats of terrorism and other threats, in- cluding targeted violence, to surface transpor- tation assets. (f) Definitions In this section: (1) The term ‘‘surface transportation asset’’ includes facilities, equipment, or systems used to provide transportation services by— (A) a public transportation agency (as such term is defined in section 1131(5) of this title); (B) a railroad carrier (as such term is de- fined in section 20102(3) of title 49); (C) an owner or operator of— (i) an entity offering scheduled, fixed- route transportation services by over-the- road bus (as such term is defined in section 1151(4) of this title); or (ii) a bus terminal; or (D) other transportation facilities, equip- ment, or systems, as determined by the Sec- retary. (2) The term ‘‘targeted violence’’ means an incident of violence in which an attacker se- lected a particular target in order to inflict mass injury or death with no discernable po- litical or ideological motivation beyond mass injury or death.