[Congressional Record Volume 163, Number 16 (Tuesday, January 31, 2017)]
[House]
[Pages H786-H788]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
DEPARTMENT OF HOMELAND SECURITY SUPPORT TO FUSION CENTERS ACT OF 2017
Ms. McSALLY. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 678) to require an assessment of fusion center personnel
needs, and for other purposes.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 678
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 2017''.
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.
(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 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, tribal, and
territorial 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, local, tribal, and
territorial analysts located in fusion centers shall be
consistent with the need to know requirements pursuant to
Executive Order No. 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 No. 13526 to sponsor Top Secret clearances
for appropriate State, local, tribal, and territorial
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, local, tribal, and territorial 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, local, tribal, and territorial
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.
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(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 such fusion centers will provide to the
Department and whether such information may be subject to
public disclosure.
SEC. 6. AMENDMENTS.
Section 210A of the Homeland Security Act of 2002 (6 U.S.C.
124h) is amended--
(1) in subsection (d), by striking ``and tribal'' each
place it appears and inserting ``tribal, and territorial'';
(2) in subsection (e), by striking ``and tribal'' each
place it appears and inserting ``tribal, and territorial'';
(3) in subsection (g)(1), by striking ``or tribal'' and
inserting ``tribal, or territorial'';
(4) in subsection (i)--
(A) in paragraph (3), by striking ``and tribal'' and
inserting ``tribal, territorial''; and
(B) in paragraph (6), by inserting ``territorial,'' after
``tribal,''; and
(5) in subsection (j)(1), by striking ``or tribal'' and
inserting ``tribal, or territorial''.
SEC. 7. 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 Massachusetts (Mr.
Keating) 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
may 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
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. 678, the Department of
Homeland Security Support to Fusion Centers Act of 2017.
Ensuring that the Federal Government is sharing intelligence and
homeland security information with State and local officials is a vital
component of U.S. national security and our counterterrorism efforts.
I have seen firsthand the important work of fusion centers, which
disseminate Federal threat and intelligence information to local law
enforcement and emergency responders. These centers also collect State
and local information and fuse it with Federal intelligence. There is
no doubt that this effort enhances terrorist investigations and creates
a more complete domestic threat picture.
To help break down information sharing stovepipes, my State's fusion
center, the Arizona Counter Terrorism Intelligence Center, or the
ACTIC, and the 77 other fusion centers across the country need greater
access to information, particularly from the Department of Homeland
Security and its components.
While personnel from the DHS Office of Intelligence and Analysis have
been deployed to most fusion centers, one remaining challenge is access
to DHS component personnel and information, particularly ICE, CBP, and
TSA. To address this issue, this bill requires GAO, the Government
Accountability Office, to conduct an assessment of the DHS personnel
detailed to fusion centers and whether deploying additional personnel
will enhance threat and homeland security information sharing. This
third-party assessment of DHS personnel deployments will be valuable
when making staffing decisions moving forward.
Additionally, this bill supports ongoing DHS efforts to sponsor top
secret clearances to appropriate State and local analysts in fusion
centers. The committee has received countless testimony from State and
local law enforcement about the value additional clearances will
provide.
The bill also directs the DHS to review current information
technology systems used to share information with fusion centers and
make enhancements to ensure systems, such as the Homeland Security
Information Network, are user friendly and meeting the needs of States
and locals.
Lastly, the bill requires the Under Secretary of the Office of
Intelligence and Analysis to sign a memorandum of understanding with
each fusion center. The purpose of the MOU is to lay out what type of
information will be shared between DHS and the fusion centers and how
that information will be protected. A critical element of the
Department's relationship with the thousands of State and local first
responders working in fusion centers is trust. The MOU process will
help improve this important connection.
Our country is at its highest threat posture this 9/11 given the
large number of foreign fighters and ISIS-inspired plots. This bill
will help ensure our State and local law enforcement officers as well
as fire and EMS personnel are getting access to the information needed
to protect our communities.
I urge all Members to support this bill.
I reserve the balance of my time.
Mr. KEATING. Mr. Speaker, I yield myself such time as I may consume.
I rise in support of H.R. 678, and I would like to thank the
gentlewoman from Arizona (Ms. McSally).
I rise in strong support as a cosponsor of H.R. 678, the Department
of Homeland Security Support to Fusion Centers Act of 2017.
Since coming to Congress, I have worked to enhance and secure
intelligence information sharing among both domestic and international
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.
For fusion centers to realize their full promise, it remains 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.
{time} 1530
H.R. 678 would authorize the DHS to sponsor such State and local
analysts for security clearances. Last Congress, this bill passed
unanimously by our committee.
I urge the passage of H.R. 678, the Department of Homeland Security
Support to Fusion Centers Act of 2017. This is legislation that will
help ensure that key fusion center personnel have access to the
security clearances they need to keep our communities secure.
Mr. Speaker, I yield back the balance of my time.
Ms. McSALLY. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, 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 that the Department of Homeland Security is supporting fusion
centers with the resources that are needed to keep our communities
safe.
I urge my colleagues to vote for H.R. 678.
Mr. Speaker, I yield back the balance of my time.
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. 678.
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.
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