[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 642 Referred in Senate (RFS)]

<DOC>
115th CONGRESS
  1st Session
                                H. R. 642


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 1, 2017

     Received; read twice and referred to the Committee on Homeland 
                   Security and Governmental Affairs

_______________________________________________________________________

                                 AN ACT


 
 To amend the Homeland Security Act of 2002 to enhance the partnership 
between the Department of Homeland Security and the National Network of 
                Fusion Centers, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fusion Center Enhancement Act of 
2017''.

SEC. 2. DEPARTMENT OF HOMELAND SECURITY FUSION CENTER PARTNERSHIP 
              INITIATIVE.

    (a) In General.--Section 210A of the Homeland Security Act of 2002 
(6 U.S.C. 124h) is amended--
            (1) by amending the section heading to read as follows:

``SEC. 210A. DEPARTMENT OF HOMELAND SECURITY FUSION CENTER PARTNERSHIP 
              INITIATIVE.'';

            (2) in subsection (a), by adding at the end the following 
        new sentence: ``Beginning on the date of the enactment of the 
        Fusion Center Enhancement Act of 2017, such Initiative shall be 
        known as the `Department of Homeland Security Fusion Center 
        Partnership Initiative'.'';
            (3) by amending subsection (b) to read as follows:
    ``(b) Interagency Support and Coordination.--Through the Department 
of Homeland Security Fusion Center Partnership Initiative, in 
coordination with principal officials of fusion centers in the National 
Network of Fusion Centers and the officers designated as the Homeland 
Security Advisors of the States, the Secretary shall--
            ``(1) coordinate with the heads of other Federal 
        departments and agencies to provide operational and 
        intelligence advice and assistance to the National Network of 
        Fusion Centers;
            ``(2) support the integration of fusion centers into the 
        information sharing environment;
            ``(3) support the maturation and sustainment of the 
        National Network of Fusion Centers;
            ``(4) reduce inefficiencies and maximize the effectiveness 
        of Federal resource support to the National Network of Fusion 
        Centers;
            ``(5) provide analytic and reporting advice and assistance 
        to the National Network of 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 the National 
        Network of Fusion Centers and incorporate such information, as 
        appropriate, into the Department's own such information;
            ``(7) provide for the effective dissemination of 
        information within the scope of the information sharing 
        environment to the National Network of Fusion Centers;
            ``(8) facilitate close communication and coordination 
        between the National Network of Fusion Centers and the 
        Department and other Federal departments and agencies;
            ``(9) provide the National Network of Fusion Centers with 
        expertise on Department resources and operations;
            ``(10) coordinate the provision of training and technical 
        assistance to the National Network of Fusion Centers and 
        encourage participating fusion centers to take part in 
        terrorism threat-related exercises conducted by the Department;
            ``(11) ensure, to the greatest extent practicable, that 
        support for the National Network of Fusion Centers is included 
        as a national priority in applicable homeland security grant 
        guidance;
            ``(12) ensure that each fusion center in the National 
        Network of Fusion Centers has a privacy policy approved by the 
        Chief Privacy Officer of the Department and a civil rights and 
        civil liberties policy approved by the Officer for Civil Rights 
        and Civil Liberties of the Department;
            ``(13) coordinate the nationwide suspicious activity report 
        initiative to ensure information gathered by the National 
        Network of Fusion Centers is incorporated as appropriate;
            ``(14) lead Department efforts to ensure fusion centers in 
        the National Network of Fusion Centers are the primary focal 
        points for the sharing of homeland security information, 
        terrorism information, and weapons of mass destruction 
        information with State, local, tribal, and territorial entities 
        to the greatest extent practicable;
            ``(15) develop and disseminate best practices on the 
        appropriate levels for staffing at fusion centers in the 
        National Network of Fusion Centers of qualified representatives 
        from State, local, tribal, and territorial law enforcement, 
        fire, emergency medical, and emergency management services, and 
        public health disciplines, as well as the private sector; and
            ``(16) carry out such other duties as the Secretary 
        determines appropriate.'';
            (4) in subsection (c)--
                    (A) by striking so much as precedes paragraph 
                (3)(B) and inserting the following:
    ``(c) Resource Allocation.--
            ``(1) Information sharing and personnel assignment.--
                    ``(A) Information sharing.--The Under Secretary for 
                Intelligence and Analysis shall ensure that, as 
                appropriate--
                            ``(i) fusion centers in the National 
                        Network of Fusion Centers have access to 
                        homeland security information sharing systems; 
                        and
                            ``(ii) Department personnel are deployed to 
                        support fusion centers in the National Network 
                        of Fusion Centers in a manner consistent with 
                        the Department's mission and existing statutory 
                        limits.
                    ``(B) Personnel assignment.--Department personnel 
                referred to in subparagraph (A)(ii) may include the 
                following:
                            ``(i) Intelligence officers.
                            ``(ii) Intelligence analysts.
                            ``(iii) Other liaisons from components and 
                        offices of the Department, as appropriate.
                    ``(C) Memoranda of understanding.--The Under 
                Secretary for Intelligence and Analysis shall negotiate 
                memoranda of understanding between the Department and a 
                State or local government, in coordination with the 
                appropriate representatives from fusion centers in the 
                National Network of Fusion Centers, regarding the 
                exchange of information between the Department and such 
                fusion centers. Such memoranda shall include the 
                following:
                            ``(i) The categories of information to be 
                        provided by each entity to the other entity 
                        that are parties to any such memoranda.
                            ``(ii) The contemplated uses of the 
                        exchanged information that is the subject of 
                        any such memoranda.
                            ``(iii) The procedures for developing joint 
                        products.
                            ``(iv) The information sharing dispute 
                        resolution processes.
                            ``(v) Any protections necessary to ensure 
                        the exchange of information accords with 
                        applicable law and policies.
            ``(2) Sources of support.--
                    ``(A) In general.--Information shared and personnel 
                assigned pursuant to paragraph (1) may be shared or 
                provided, as the case may be, by the following 
                Department components and offices, in coordination with 
                the respective component or office head and in 
                consultation with the principal officials of fusion 
                centers in the National Network of Fusion Centers:
                            ``(i) The Office of Intelligence and 
                        Analysis.
                            ``(ii) The Office of Infrastructure 
                        Protection.
                            ``(iii) The Transportation Security 
                        Administration.
                            ``(iv) U.S. Customs and Border Protection.
                            ``(v) U.S. Immigration and Customs 
                        Enforcement.
                            ``(vi) The Coast Guard.
                            ``(vii) Other components or offices of the 
                        Department, as determined by the Secretary.
                    ``(B) Coordination with other federal agencies.--
                The Under Secretary for Intelligence and Analysis shall 
                coordinate with appropriate officials throughout the 
                Federal Government to ensure the deployment to fusion 
                centers in the National Network of Fusion Centers of 
                representatives with relevant expertise of other 
                Federal departments and agencies.
            ``(3) Resource allocation criteria.--
                    ``(A) In general.--The Secretary shall make 
                available criteria for sharing information and 
                deploying personnel to support a fusion center in the 
                National Network of Fusion Centers in a manner 
                consistent with the Department's mission and existing 
                statutory limits.''; and
                    (B) in paragraph (4)(B), in the matter preceding 
                clause (i), by inserting ``in which such fusion center 
                is located'' after ``region'';
            (5) in subsection (d)--
                    (A) in paragraph (3), by striking ``and'' at the 
                end;
                    (B) in paragraph (4)--
                            (i) by striking ``government'' and 
                        inserting ``governments''; and
                            (ii) by striking the period at the end and 
                        inserting ``; and''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(5) utilize Department information, including information 
        held by components and offices, to develop analysis focused on 
        the mission of the Department under section 101(b).'';
            (6) in subsection (e)--
                    (A) by amending paragraph (1) to read as follows:
            ``(1) In general.--To the greatest extent practicable, the 
        Secretary shall make it a priority to allocate resources, 
        including deployed personnel, under this section from U.S. 
        Customs and Border Protection, U.S. Immigration and Customs 
        Enforcement, and the Coast Guard to support fusion centers in 
        the National Network of 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, tribal, and territorial law 
        enforcement authorities to identify, investigate, and otherwise 
        interdict persons, weapons, and related contraband that pose a 
        threat to homeland security.''; and
                    (B) in paragraph (2), in the matter preceding 
                subparagraph (A), by striking ``participating State, 
                local, and regional fusion centers'' and inserting 
                ``fusion centers in the National Network of Fusion 
                Centers'';
            (7) in subsection (j)--
                    (A) in paragraph (4), by striking ``and'' at the 
                end;
                    (B) by redesignating paragraph (5) as paragraph 
                (6); and
                    (C) by inserting after paragraph (4) the following 
                new paragraph:
            ``(5) the term `National Network of Fusion Centers' means a 
        decentralized arrangement of fusion centers intended to enhance 
        individual State and urban area fusion centers' ability to 
        leverage the capabilities and expertise of all fusion centers 
        for the purpose of enhancing analysis and homeland security 
        information sharing nationally; and''; and
            (8) by striking subsection (k).
    (b) Accountability Report.--Not later than 1 year after the date of 
the enactment of this Act and annually thereafter through 2024, the 
Under Secretary for Intelligence and Analysis of the Department of 
Homeland Security shall report to the Committee on Homeland Security 
and the Permanent Select Committee on Intelligence of the House of 
Representatives and the Committee on Homeland Security and Governmental 
Affairs and the Select Committee on Intelligence of the Senate on the 
efforts of the Office of Intelligence and Analysis of the Department 
and other relevant components and offices of the Department to enhance 
support provided to fusion centers in the National Network of Fusion 
Centers, including meeting the requirements specified in section 210A 
of the Homeland Security Act of 2002 (6 U.S.C. 124h), as amended by 
subsection (a) of this section.
    (c) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is amended by striking the item relating to section 210A and 
inserting the following new item:

``Sec. 210A. Department of Homeland Security Fusion Centers 
                            Initiative.''.
    (d) Reference.--Any reference in any law, rule, or regulation to 
the ``Department of Homeland Security State, Local, and Regional Fusion 
Center Initiative'' shall be deemed to be a reference to the 
``Department of Homeland Security Fusion Center Initiative''.

            Passed the House of Representatives January 31, 2017.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.