[Congressional Record Volume 163, Number 16 (Tuesday, January 31, 2017)]
[House]
[Pages H778-H781]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 FUSION CENTER ENHANCEMENT ACT OF 2017

  Mr. KING of New York. Mr. Speaker, I move to suspend the rules and 
pass the bill (H.R. 642) 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.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                H.R. 642

       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.

[[Page H779]]

       ``(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 one 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''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
York (Mr. King) and the gentleman from Mississippi (Mr. Thompson) each 
will control 20 minutes.
  The Chair recognizes the gentleman from New York.


                             General Leave

  Mr. KING of New York. Mr. Speaker, I ask unanimous consent that all 
Members have 5 legislative days in 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 New York?
  There was no objection.
  Mr. KING of New York. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I rise in support of H.R. 642, the Fusion Center 
Enhancement Act of 2017, introduced by the gentleman from Pennsylvania, 
my good friend, Congressman Lou Barletta.
  The bill before us today, Mr. Speaker, is focused on improving the 
partnership between the Department of Homeland Security and the 
National Network of Fusion Centers. The bill amends section 210A of the 
Homeland Security Act to clarify and enhance partnership between DHS 
and fusion centers.
  As the United States is facing the highest threat environment since 
9/11, it is vital that State and local agencies are receiving realtime 
threat information and have access to Federal intelligence and support. 
This was a key lesson learned from the 9/11 terror attacks, and, 
unfortunately, reinforced after the 2012 Boston Marathon bombing. DHS 
has a legal mandate to assist fusion centers in this effort, and H.R. 
642 helps move the ball forward.
  The threat of lone wolves inspired by ISIS and other radical Islamist 
terrorist groups are not deteriorating, and it is critical that there 
are strong partnerships between the Federal Government and State and 
local law enforcement agencies. This bill will help the Department and 
the national network maintain and improve their current partnership.
  This bill passed the House last Congress by voice vote, and I am 
pleased the House is willing to move it again this year.
  I want to thank Congressman Barletta for leading the committee's 
efforts in developing this responsible and commonsense legislation. 
Congressman Barletta's background as a businessman, city councilman, 
mayor, and Congressman has left him with a strong commitment to public 
safety and security.

                              {time}  1445

  It has been a pleasure to work with Lou on the Homeland Security 
Committee, where he was a vocal advocate for information sharing. I 
urge my colleagues to support this bill to ensure that the partnership 
between DHS and the national network is strong and agile to protect the 
United States against the ever-changing terrorism threat.
  Mr. Speaker, I reserve the balance of my time.

         House of Representatives, Committee on Transportation and 
           Infrastructure,
                                 Washington, DC, January 31, 2017.
     Hon. Michael T. McCaul,
     Chairman, Committee on Homeland Security,
     Washington, DC.
       Dear Chairman McCaul: I write concerning H.R. 642, the 
     Fusion Center Enhancement Act of 2017. This legislation 
     includes

[[Page H780]]

     matters that I believe fall within the Rule X jurisdiction of 
     the Committee on Transportation and Infrastructure.
       In order to expedite floor consideration of H.R. 642, the 
     Committee on Transportation and Infrastructure agrees to 
     forgo action on this bill. However, this is conditional on 
     our mutual understanding that forgoing consideration of the 
     bill would not prejudice the Committee with respect to the 
     appointment of conferees or to any future jurisdictional 
     claim over the subject matters contained in the bill or 
     similar legislation that fall within the Committee's Rule X 
     jurisdiction. I request you urge the Speaker to name members 
     of the Committee to any conference committee named to 
     consider such provisions.
       Please place a copy of this letter and your response 
     acknowledging our jurisdictional interest into the 
     Congressional Record during consideration of the measure on 
     the House floor.
           Sincerely,
                                                     Bill Shuster,
     Chairman.
                                  ____

                                         House of Representatives,


                               Committee on Homeland Security,

                                 Washington, DC, January 31, 2017.
     Hon. Bill Shuster,
     Chairman, Committee on Transportation and Infrastructure, 
         Washington, DC.
       Dear Chairman Shuster: Thank you for your interest in H.R. 
     642, the ``Fusion Center Enhancement Act of 2017.'' I 
     appreciate your cooperation in allowing this legislation to 
     move expeditiously before the House of Representatives. I 
     understand that the Committee on Transportation and 
     Infrastructure, to the extent it may have a jurisdictional 
     claim, will not seek a sequential referral on the bill; and 
     therefore, there has been no formal determination as to its 
     jurisdiction by the Parliamentarian. We appreciate your 
     cooperation in this matter.
       The Committee on Homeland Security concurs with the mutual 
     understanding that the absence of a decision on this bill at 
     this time does not prejudice any claim the Committee on 
     Transportation and Infrastructure may have held or may have 
     on similar legislation in the future.
       I will insert copies of this exchange in the Congressional 
     Record during consideration of this bill on the House floor. 
     I thank you for your cooperation in this matter.
           Sincerely,
                                                Michael T. McCaul,
                                                         Chairman.

  Mr. THOMPSON of Mississippi. Mr. Speaker, I yield myself such time as 
I may consume.
  Mr. Speaker, I rise in support of H.R. 642, the Fusion Center 
Enhancement Act of 2017.
  Mr. Speaker, last Congress, the House approved this measure to update 
the law to reflect the evolution of the Department of Homeland 
Security's National Network of Fusion Centers.
  H.R. 642 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 by deploying 
personnel and providing access to timely information.
  Importantly, H.R. 642 also adds several new responsibilities to DHS' 
Under Secretary of Intelligence and Analysis with respect to the grant 
guidance, nationwide suspicious activity reports, and fusion centers' 
access to information.
  The bill makes several technical changes to existing law to help 
ensure more 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. 642 will go a long way to provide States and 
localities that have invested significant resources in standing up 
fusion centers with the support they need to keep their communities, 
and ultimately the Nation, secure.
  I urge passage of H.R. 642.
  Mr. Speaker, I reserve the balance of my time.
  Mr. KING of New York. Mr. Speaker, I yield such time as he may 
consume to the distinguished gentleman from Pennsylvania (Mr. 
Barletta), the sponsor of the legislation.
  Mr. BARLETTA. Mr. Speaker, I thank Mr. King of New York for yielding.
  Mr. Speaker, I rise in support of my legislation, the Fusion Center 
Enhancement Act of 2017. I thank Mr. King of New York and Chairman 
McCaul for working with me to introduce this legislation.
  The purpose of my bill 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 
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.
  I would especially like to recognize the work of the Pennsylvania 
Criminal Intelligence Center, PaCIC, which is run by the Pennsylvania 
State Police. In 2015, our fusion center received the Fusion Center of 
the Year Award from the National Fusion Center Association.
  I want to congratulate the men and women working at PaCIC for their 
commitment to security and public safety. They share vital information 
with police departments that keep officers and our citizens safe.
  PaCIC provides intelligence and information products to over 1,200 
local, State, and Federal criminal justice agencies, while also working 
with over 6,000 private and public center partners to also share 
information to help protect critical infrastructure and key resources.
  Our center has been nationally recognized for their training and 
compliance with issues of privacy, civil rights, and civil liberties. 
They produce documents that highlight threats and scams that target 
Pennsylvanians, and help make sure that local police departments have 
information on public events, ranging from the Little League World 
Series to the visit of Pope Francis.
  A significant amount of progress has been made by States and fusion 
centers within the national network to improve information sharing and 
analytic support. Many centers, including PaCIC, provide all crime, all 
hazard support. They also maintain a focus on our homeland security 
missions, including protecting critical information and sharing 
suspicious activity reporting.
  H.R. 642 recognizes the progress and focuses on enhancing the 
Department of Homeland Security's responsibility to support, share 
information, and coordinate with fusion centers. This includes 
improving coordination with other Federal departments that provide 
better operational intelligence, reduce inefficiencies, and coordinate 
nationwide suspicious activity reporting.
  As a member of the Homeland Security Committee and a former mayor, I 
have heard concerns raised by law enforcement in my district and 
elsewhere about the lack of information and coordination from several 
DHS component agencies, including ICE and CBP. To address this issue, I 
included language in this bill to direct the Department to ensure that 
each component is providing information and personnel to work with 
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.
  Additionally, there is 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 that are set forth in this bill.
  I urge my colleagues to support this bipartisan bill so that we can 
add important requirements and accountability in how the Department of 
Homeland Security interacts and shares information with key State and 
local stakeholders.
  Mr. THOMPSON of Mississippi. Mr. Speaker, I reserve the balance of my 
time.
  Mr. KING of New York. Mr. Speaker, I yield 1 minute to the 
distinguished gentleman from Kansas (Mr. Marshall).

  Mr. MARSHALL. Mr. Speaker, I rise today in support of H.R. 642, the 
Fusion Center Enhancement Act.
  I spent the last 2 years traveling across the State of Kansas, and 
was reminded time and time again that national security is a top-three 
issue for my residents.

[[Page H781]]

  Why is this?
  After years of turmoil and the lack of strong American leadership, 
people in Kansas no longer feel safe.
  This legislation that my colleague from Pennsylvania has introduced 
will ensure that those on the front lines of protecting our Nation's 
citizens have access to the critical information they need to evaluate 
threats to protect our national security.
  Fusion centers conduct analyses and facilitate information sharing, 
which are necessary and fundamental actions that assist State and local 
law enforcement in preventing and responding to crime and terrorism.
  Just this last week I had the opportunity to go back to meet with 
staff and visit the Kansas Threat Integration Center in Topeka, Kansas. 
I can assure you the work they are doing is vital to our national 
security and the citizens of my State. They are leveraging partnerships 
with the private sector and focused on protecting our critical 
infrastructure.
  I encourages my colleagues to support H.R. 642.
  Mr. THOMPSON of Mississippi. Mr. Speaker, I yield myself such time as 
I may consume.
  Mr. Speaker, in closing, I want to express my support for this bill. 
I urge passage of H.R. 642, the Fusion Center Enhancement Act of 2017, 
which, if enacted, would send the message that Congress values the 
investment that States and localities have made to address the 
challenges of a post-9/11 world and stand with DHS in supporting the 
National Network of Fusion Centers.
  Mr. Speaker, I urge passage of H.R. 642.
  Mr. Speaker, I yield back the balance of my time.
  Mr. KING of New York. Mr. Speaker, I strongly urge support of the 
gentleman's bill. I urge my colleagues to vote for H.R. 642 in order to 
bolster the information sharing environment within the Department of 
Homeland Security 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 New York (Mr. King) that the House suspend the rules and 
pass the bill, H.R. 642.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

                          ____________________