[Congressional Record Volume 161, Number 162 (Monday, November 2, 2015)]
[House]
[Pages H7357-H7360]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
DEPARTMENT OF HOMELAND SECURITY SUPPORT TO FUSION CENTERS ACT OF 2015
Ms. McSALLY. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 3503) to require an assessment of fusion center personnel
needs, and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 3503
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 ``Department of Homeland
Security Support to Fusion Centers Act of 2015''.
SEC. 2. FUSION CENTER PERSONNEL NEEDS ASSESSMENT.
Not later than 120 days after the date of the enactment of
this Act, the Comptroller General of the United States shall
conduct an assessment of Department of Homeland Security
personnel assigned to fusion centers pursuant to subsection
(c) of section 210A of the Homeland Security Act of 2002 (6
U.S.C. 124h), including an assessment of whether deploying
additional Department personnel to such fusion centers would
enhance the Department's mission under section 101(b) of such
Act and the National Network of Fusion Centers. The
assessment required under this subsection shall include the
following:
(1) Information on the current deployment of the
Department's personnel to each fusion center.
(2) Information on the roles and responsibilities of the
Department's Office of Intelligence and Analysis'
intelligence officers, intelligence analysts, senior reports
officers, reports officers, and regional directors deployed
to fusion centers.
(3) Information on Federal resources, in addition to
personnel, provided to each fusion center.
(4) An analysis of the optimal number of personnel the
Office of Intelligence and Analysis should deploy to fusion
centers, including a cost-benefit analysis comparing deployed
personnel with technological solutions to support information
sharing.
[[Page H7358]]
(5) An assessment of fusion centers located in
jurisdictions along land and maritime borders of the United
States, and the degree to which deploying personnel, as
appropriate, from the U.S. Customs and Border Protection,
U.S. Immigration and Customs Enforcement, and the Coast Guard
to such fusion centers would enhance the integrity and
security at such borders by helping Federal, State, local,
and tribal law enforcement authorities to identify,
investigate, and interdict persons, weapons, and related
contraband that pose a threat to homeland security.
(6) An assessment of fusion centers located in
jurisdictions with large and medium hub airports, and the
degree to which deploying, as appropriate, personnel from the
Transportation Security Administration to such fusion centers
would enhance the integrity and security of aviation
security.
SEC. 3. PROGRAM FOR STATE AND LOCAL ANALYST CLEARANCES.
(a) Sense of Congress.--It is the sense of Congress that
any program established by the Under Secretary for
Intelligence and Analysis of the Department of Homeland
Security to provide eligibility for access to information
classified as Top Secret for State and local analysts located
in fusion centers shall be consistent with the need to know
requirements pursuant to Executive Order 13526 (50 U.S.C.
3161 note).
(b) Report.--Not later than two years after the date of the
enactment of this Act, the Under Secretary of Intelligence
and Analysis of the Department of Homeland Security, in
consultation with the Director of National Intelligence,
shall submit 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 a report on the following:
(1) The process by which the Under Secretary of
Intelligence and Analysis determines a need to know pursuant
to Executive Order 13526 to sponsor Top Secret clearances for
appropriate State and local analysts located in fusion
centers.
(2) The effects of such Top Secret clearances on enhancing
information sharing with State, local, tribal, and
territorial partners.
(3) The cost for providing such Top Secret clearances for
State and local analysts located in fusion centers, including
training and background investigations.
(4) The operational security protocols, training,
management, and risks associated with providing such Top
Secret clearances for State and local analysts located in
fusion centers.
SEC. 4. INFORMATION TECHNOLOGY ASSESSMENT.
The Under Secretary of Intelligence and Analysis of the
Department of Homeland Security, in collaboration with the
Chief Information Officer of the Department and
representatives from the National Network of Fusion Centers,
shall conduct an assessment of information systems (as such
term is defined in section 3502 of title 44, United States
Code) used to share homeland security information between the
Department and fusion centers in the National Network of
Fusion Centers and make upgrades to such systems, as
appropriate. Such assessment shall include the following:
(1) An evaluation of the accessibility and ease of use of
such systems by fusion centers in the National Network of
Fusion Centers.
(2) A review to determine how to establish improved
interoperability of departmental information systems with
existing information systems used by fusion centers in the
National Network of Fusion Centers.
(3) An evaluation of participation levels of departmental
components and offices of information systems used to share
homeland security information with fusion centers in the
National Network of Fusion Centers.
SEC. 5. MEMORANDUM OF UNDERSTANDING.
Not later than one year after the date of the enactment of
this Act, the Under Secretary of Intelligence and Analysis of
the Department of Homeland Security shall enter into a
memorandum of understanding with each fusion center in the
National Network of Fusion Centers regarding the type of
information fusion centers will provide to the Department and
whether such information may be subject to public disclosure.
SEC. 6. DEFINITIONS.
In this Act:
(1) Fusion center.--The term ``fusion center'' has the
meaning given such term in subsection (j) of section 210A of
the Homeland Security Act of 2002 (6 U.S.C. 124h).
(2) National network of fusion centers.--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 such fusion centers for the
purpose of enhancing analysis and homeland security
information sharing nationally.
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
Arizona (Ms. McSally) and the gentleman from Mississippi (Mr. Thompson)
each will control 20 minutes.
The Chair recognizes the gentlewoman from Arizona.
General Leave
Ms. McSALLY. 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
gentlewoman from Arizona?
There was no objection.
Ms. McSALLY. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise today in support of H.R. 3503, the Department of
Homeland Security Support to Fusion Centers Act of 2015.
We have made improvements since the 9/11 attacks, the Boston Marathon
bombings, and Fort Hood to increase and enhance the Nation's ability to
detect and prevent terrorist attacks. However, the elevated potential
for attacks carried out by individuals either directed or inspired by
radical violent extremism reinforces that there is more work to be
done, especially breaking down information-sharing stovepipes. Ensuring
that the Federal Government is sharing intelligence and homeland
security information with State and local officials is a vital
component to that effort.
In June, I visited the Arizona Counter-Terrorism Intelligence Center,
or the ACTIC, my State's fusion center. I saw firsthand how fusion
centers are disseminating Federal threat and intelligence information
out to emergency responder providers, as well as collecting State and
local information, and fusing it with Federal intelligence to enhance
terrorist investigations and create a more complete picture.
While fusion centers are continuing to mature, I am concerned about
the lack of small cities' and rural areas' representation in fusion
centers. As we continue to enhance the Nation's ability to share
intelligence information, we need to ensure that all emergency service
providers have access to this vital information.
To help break down the information-sharing stovepipes, the ACTIC and
77 other fusion centers across the country need greater access to
intelligence and information from the Department of Homeland Security
and its components.
Mr. Speaker, I introduced H.R. 3503 along with Chairman McCaul,
Chairman King, and Representatives Barletta and Loudermilk to ensure
that the Department is providing fusion centers with the resources
needed to protect our Nation from terrorist attacks and other
emergencies. This bill passed the Subcommittee on Counterterrorism and
Intelligence and the full Committee on Homeland Security by voice vote
with bipartisan support.
I want to thank the gentleman from Georgia (Mr. Loudermilk) for
adding two important provisions to this bill during the full committee
markup. These provisions ensure that the Department of Homeland
Security's information technology systems are user-friendly for State
and local analysts, and require the Under Secretary of the Office of
Intelligence and Analysis to sign a memorandum of understanding with
each fusion center to ensure that each center is aware of what
information can be publicly disclosed.
Also, Mr. Speaker, I want to thank Chairman Nunes of the House
Permanent Select Committee on Intelligence and his staff for working
with me and the Committee on Homeland Security to get this bill to the
floor today.
Mr. Speaker, H.R. 3503, as amended, requires the Government
Accountability Office, GAO, to conduct an assessment of the Department
of Homeland Security personnel detailed to fusion centers and whether
deploying additional personnel from several of the departmental
components will enhance threat and homeland security information
sharing. Having an unbiased assessment of staffing levels and
responsibilities for Department of Homeland Security personnel deployed
to fusion centers will be valuable in making decisions moving forward
on the appropriate staffing levels.
Additionally, this bill applauds the effort of the Office of
Intelligence and Analysis in establishing a program to provide top
secret clearances to appropriate State and local analysts in fusion
centers. To ensure that this initiative is carried out efficiently and
in a manner that ensures operational security, the bill requires DHS to
submit a onetime report to Congress.
The committee has received testimony from State and local law
enforcement about the value additional clearances will provide. The
need for top secret clearances was also a key finding
[[Page H7359]]
of the committee's Foreign Fighter Task Force, of which I was proud to
be a member.
It is especially timely that we are considering this bill today. This
week is the annual conference held by the National Fusion Center
Association. This bill will help ensure that our State and local law
enforcement officers, as well as fire and EMS personnel, are getting
access to the information they need to protect our communities.
Since the summer, our country has been at its highest threat posture
since 9/11, given the large number of foreign fighters and ISIS-
inspired plots. It is essential that Congress ensure that all of the
dots are being connected.
I urge all Members to support this bill, and I reserve the balance of
my time.
House of Representatives, Permanent Select Committee on
Intelligence,
October 28, 2015.
Hon. Michael McCaul,
Chairman, House Committee on Homeland Security, 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,
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. Mr. Speaker, I yield myself such time as
I may consume.
Mr. Speaker, I rise in support of H.R. 3503, the Department of
Homeland Security Support Fusion Centers Act of 2015. Mr. Speaker, this
bill was passed unanimously by the committee last month, and I am
pleased that it is being considered on the House floor today.
After the terrorist attacks of 9/11, there was broad recognition that
the traditional stovepipes to the sharing of homeland security
information needed to be cleared and that the Federal Government needed
to do more to share timely information with State and local partners.
A key mechanism to fostering such information sharing has been the
development of a network of fusion centers across the Nation. These
centers allow Federal intelligence and homeland security information to
be shared with State and local law enforcement and other key
stakeholders. As of today, 77 fusion centers have been stood up by
State and local governments and participate in the Department of
Homeland Security's National Network of Fusion Centers.
For fusion centers to realize their full promise, it is critical that
personnel assigned to fusion centers be able to access Department of
Homeland Security information, data, and personnel. In the course of
conducting oversight of fusion centers, the committee has learned that
not enough State and local analysts and officials assigned to these
centers have the TS/SCI clearances necessary to foster the timely
sharing of homeland security information and intelligence. H.R. 3503,
for the first time, authorizes DHS to sponsor State and local analysts
for security clearances.
All of us, as the chairwoman has said, have heard from our State and
locals that this is, indeed, a problem. The approach taken is
consistent with ongoing DHS efforts to sponsor TS and SCI clearances on
appropriate State, local, tribal, as well as territorial partners'
levels.
In the 14 years since 9/11, there has been progress across the
Federal Government at breaking down institutional stovepipes and moving
away from a ``need to know'' to a ``need to share'' culture. Certainly
with the right support and buy-in at the Federal level, the
Department's National Network of Fusion Centers holds great promise for
fostering more opportunities to interdict would-be terrorists before
they attack and contributing to better awareness, preparedness, and
responses at all levels.
Mr. Speaker, again, I thank the gentlewoman from Arizona for this
legislation. Again, this is getting us all on the same sheet of music.
We absolutely have to have fusion centers operating in uniformity, and
we should not have fusion centers doing their own thing. We are
fighting this together. The stovepiping of information is not good, and
it is not healthy. We have problems identifying bad actors, terrorists,
and what have you. So I urge passage of H.R. 3503, the Department of
Homeland Security Support to Fusion Centers Act of 2015.
Mr. Speaker, I yield back the balance of my time.
{time} 1645
Ms. McSALLY. Mr. Speaker, I yield myself such time as I may consume.
One of the core missions 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.
As fusion centers continue to mature into national assets, Congress
must ensure the Department of Homeland Security is supporting fusion
centers with the resources needed to keep our communities safe.
Once again, I urge my colleagues to vote for H.R. 3503.
I yield back the balance of my time.
Ms. JACKSON LEE. Mr. Speaker, as a senior member of the Homeland
Security Committee, I rise in support of H.R. 3503, the ``Homeland
Security Support Fusion Centers Act of 2015.''
State and major urban area fusion centers serve as central points
within the state and local environment for the receipt, analysis,
gathering, and sharing of threat-related information between the
federal government and state, local, tribal, territorial, and private
sector partners.
H.R. 3503 will require the Under Secretary of Intelligence and
Analysis of the Department of Homeland Security (DHS), in coordination
with the homeland security advisors of the states to provide an
assessment of fusion center personnel needs, and for other purposes; to
the Committee on Homeland Security.
H.R. 3503 will amend the Homeland Security Act of 2002 to improve the
management and administration of the security clearance processes
throughout the Department of Homeland Security.
Homeland Security advisors must conduct a needs assessment of
Department personnel assigned to fusion centers pursuant to subsection
(c) of section 210A of the Homeland Security Act of 2002.
The assessment must include information on: the current deployment of
DHS personnel to each fusion center; the roles and responsibilities of
Office of Intelligence and Analysis intelligence officers, intelligence
analysts, senior reports officers, reports officers, and regional
directors deployed to fusion centers; federal resources, in addition to
personnel,
[[Page H7360]]
provided to each fusion center; whether deploying additional personnel
would enhance intelligence and information sharing between DHS and
federal, state, local, tribal, and territorial partners; fusion centers
located in jurisdictions along land and maritime borders of the United
States and the degree to which deploying personnel from the U.S.
Customs and Border Protection, U.S. Immigration and Customs
Enforcement, and the Coast Guard to such centers would enhance the
integrity and security at such borders; and fusion centers located in
jurisdictions with large and medium hub airports and the degree to
which deploying personnel from the Transportation Security
Administration to such centers would enhance aviation security.
The Under Secretary must submit such assessment to specified
congressional committees, together with a report on: the number of
personnel assigned to fusion centers from the Office of Intelligence
and Analysis; the number of personnel assigned to the National Network
of Fusion Centers from components and offices of DHS and the
methodology for determining the fusion centers to which such personnel
are assigned; and an implementation plan for determining how DHS's
personnel resources will be allocated to fusion centers in the future.
H.R. 3503 will help to ensure the safety of our fusion centers and
the personnel that work within these centers.
I urge my colleagues to join me in voting for H.R. 3503.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from Arizona (Ms. McSally) that the House suspend the rules
and pass the bill, H.R. 3503, 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.
____________________