[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.

                          ____________________