[Congressional Record Volume 161, Number 162 (Monday, November 2, 2015)]
[House]
[Pages H7355-H7357]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
FUSION CENTER ENHANCEMENT ACT OF 2015
Mr. BARLETTA. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 3598) 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, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 3598
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 2015''.
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 2015, 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 such fusion centers to participate 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 and local 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.
[[Page H7356]]
``(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'';
(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 one year after
the date of the enactment of this Act and annually thereafter
through 2022, 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''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Pennsylvania (Mr. Barletta) and the gentleman from Mississippi (Mr.
Thompson) each will control 20 minutes.
The Chair recognizes the gentleman from Pennsylvania.
General Leave
Mr. BARLETTA. Mr. Speaker, I ask unanimous consent that all Members
have 5 legislative days within which to revise and extend their remarks
and include any extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Pennsylvania?
There was no objection.
Mr. BARLETTA. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in support of H.R. 3598, the Fusion Center
Enhancement Act of 2015. The purpose of this legislation is to clarify
and enhance the partnership between the Department of Homeland Security
and the National Network of Fusion Centers.
The bill amends the existing statute to update the Department's
responsibilities for sharing information with State and local law
enforcement and other emergency personnel within the National Network
of Fusion Centers.
After the 9/11 terrorist attacks, State and local governments created
fusion centers as a way to communicate Federal homeland security
information to State and local law enforcement officials as well as to
fuse State and locally collected information with Federal intelligence.
Congress supported this partnership by mandating that the Office of
Intelligence and Analysis within the Department of Homeland Security
coordinate and share information with fusion centers. There are now 78
State and locally owned fusion centers across the country.
H.R. 3598 amends existing law to improve the relationship and flow of
information between the Federal Government and fusion centers.
The bill includes language updating the responsibilities of the
Department of Homeland Security related to support and coordination
within the National Network. This includes improving coordination with
other Federal departments to provide better operational intelligence,
reducing inefficiencies, and coordinating nationwide suspicious
activity reporting.
As a member of the Homeland Security Committee and a former mayor, a
concern I have heard from law enforcement in my district is a lack of
information and coordination from ICE, CBP, and other DHS component
agencies.
I have seen this problem firsthand and know that more can be done to
help our local law enforcement get the support that they need from the
Federal Government.
This bill is one small step to make that fusion center a better
resource for the people who know our communities the best: our local
law enforcement officers.
The bill includes language to direct DHS to ensure that each
component is providing information and personnel to work with the
fusion centers.
To address the need for better accountability, language is included
throughout the bill requiring DHS to coordinate with fusion centers and
State Homeland Security advisers in carrying out the assigned
responsibilities.
{time} 1630
Additionally, I added a requirement for the Department to submit a
report to Congress on their efforts, including the components, to
support fusion centers and specifically report on how they are meeting
the requirements set forth in this bill.
I want to thank House Intelligence Committee Chairman Nunes,
Committee on Homeland Security Chairman McCaul and Ranking Member
Thompson, and Subcommittee on Counterterrorism and Intelligence
Chairman King and Ranking Member Higgins for working with me to bring
this bill to the floor. The bill went through regular order and
received bipartisan support during subcommittee and full committee
consideration.
Mr. Speaker, I urge my colleagues to support this bill so we can add
important requirements and accountability
[[Page H7357]]
in how the Department of Homeland Security interacts and shares
information with key State and local stakeholders.
Mr. Speaker, I reserve the balance of my time.
House of Representatives, Permanent Select Committee on
Intelligence,
Washington, DC, October 28, 2015.
Hon. Michael McCaul,
Chairman, House Committee on Homeland Security, Ford Office
Building, Washington, DC.
Dear Chairman McCaul: On September 30, 2015, your committee
ordered H.R. 3503, the ``Department of Homeland Security
Support to Fusion Centers Act of 2015,'' reported.
Additionally, on that same day, your committee ordered H.R.
3598, the ``Fusion Center Enhancement Act of 2015,''
reported.
As you know, both H.R. 3503 and H.R. 3598 contain
provisions within the jurisdiction of the Permanent Select
Committee on Intelligence. On the basis of your consultations
with the Committee and in order to expedite the House's
consideration of both bills, the Permanent Select Committee
on Intelligence will not assert a jurisdictional claim over
either bill by seeking a sequential referral. This courtesy
is, however, conditioned on our mutual understanding and
agreement that it will in no way diminish or alter the
jurisdiction of the Permanent Select Committee with respect
to the appointment of conferees or to any future
jurisdictional claim over the subject matters contained in
the bills or any similar legislation.
I would appreciate your response to this letter confirming
this understanding and would request that you include a copy
of this letter and your response in the committee reports for
both bills and in the Congressional Record during their floor
consideration. Thank you in advance for your cooperation.
Sincerely,
Devin Nunes,
Chairman.
____
House of Representatives,
Committee on Homeland Security,
Washington, DC, October 29, 2015.
Hon. Devin Nunes,
Chairman, Permanent Select Committee on Intelligence, The
Capitol, Washington, DC.
Dear Chairman Nunes: Thank you for your letter regarding
H.R. 3503, the ``Department of Homeland Security Support to
Fusion Centers Act of 2015,'' and H.R. 3598, the ``Fusion
Center Enhancement Act of 2015.''
I appreciate your support in bringing both of these
measures before the House of Representatives, and
accordingly, understand that the Permanent Select Committee
on Intelligence will not seek a sequential referral on either
bill. I acknowledge that by foregoing a sequential referral
on these two pieces of legislation, your Committee is not
diminishing or altering its jurisdiction with respect to any
future jurisdictional claim over the subject matters
contained in these bills or any similar legislation.
Additionally, should a conference on either bill be
necessary, I would support your request to have the Permanent
Select Committee represented on the conference committee.
I will include copies of this exchange in the reports for
H.R. 3503 and H.R. 3598 and in the Congressional Record
during consideration of these bills on the House floor. I
thank you for your cooperation in this matter.
Sincerely,
Michael T. McCaul,
Chairman,
Committee on Homeland Security.
Mr. THOMPSON of Mississippi. I yield myself such time as I may
consume.
Mr. Speaker, I rise in support of H.R. 3598, the Fusion Center
Enhancement Act of 2015. First of all, let me compliment Mr. Barletta
for his bill. Those of us who have been around kind of know the
confusion that exists among fusion centers throughout the country, and
any effort to streamline that confusion is much appreciated.
Mr. Speaker, this bipartisan bill seeks to update the law to reflect
the evolution of the Department of Homeland Security's National Network
of Fusion Centers as well as the relationship of the Department's
Office of Intelligence and Analysis with the fusion centers in the
network.
H.R. 3598, as introduced by the gentleman from Pennsylvania (Mr.
Barletta), clarifies that fusion centers are State- and locally owned
and operated and requires the Department's Office of Intelligence and
Analysis to provide support to centers in its network through the
deployment of appropriate personnel and providing access to
information.
Importantly, H.R. 3598 also adds several new responsibilities to the
Under Secretary of Intelligence and Analysis related to grant guidance,
coordinating nationwide suspicious activity reports, and ensuring that
fusion centers are the focal points for sharing information.
This bill makes several technical changes to existing statutory
language to help ensure increased information-sharing resources are
made available to Federal, State, and local law enforcement officials
at our National Network of Fusion Centers.
If enacted, H.R. 3598 will go a long way to providing States and
localities that have invested significant resources in standing up
fusion centers to participate in DHS' National Network with the support
they need to keep their communities and, ultimately, the Nation secure.
In closing, Mr. Speaker, I want to express my support again for this
bill and commend the leaders of the committee's Counterterrorism and
Intelligence Subcommittee, Mr. King and Mr. Higgins, for working
together to advance this timely and important piece of legislation.
Again, let me thank Mr. Barletta and talk about the longstanding
confusion that has existed with fusion centers around the country. When
created, it was Congress' hope that everybody would be singing from the
same sheet of music. Hopefully this gets us real close to that
performance. I urge the passage of H.R. 3598 and look forward to its
passage.
Mr. Speaker, I yield back the balance of my time.
Mr. BARLETTA. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, one of the most critical responsibilities of the
Department of Homeland Security is to share threat information with
State and local first responders. Fusion centers are a key mechanism
for that process. The original requirements directing DHS'
responsibilities towards fusion centers were enacted in 2007. In the
past 8 years, there have been significant changes to the information-
sharing environment and the fusion centers across the country.
Mr. Speaker, I urge my colleagues to vote for H.R. 3598 in order to
bolster the information-sharing environment within the Department and
between the Department and State and local stakeholders.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Pennsylvania (Mr. Barletta) that the House suspend the
rules and pass the bill, H.R. 3598, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
____________________