[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.

[[Page H787]]

       (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.

[[Page H788]]

  

                          ____________________