[Congressional Record Volume 164, Number 47 (Monday, March 19, 2018)]
[House]
[Pages H1667-H1669]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                DHS FIELD ENGAGEMENT ACCOUNTABILITY ACT

  Mr. BACON. Mr. Speaker, I move to suspend the rules and pass the bill 
(H.R. 5079) to amend the Homeland Security Act of 2002 to require the 
Department of Homeland Security to develop an engagement strategy with 
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. 5079

       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 ``DHS Field Engagement 
     Accountability Act''.

     SEC. 2. ENGAGEMENT STRATEGY WITH FUSION CENTERS.

       Section 210A of the Homeland Security Act of 2002 (6 U.S.C. 
     124h) is amended by--
       (1) redesigning subsections (j) and (k) as subsections (k) 
     and (l), respectively; and
       (2) inserting after subsection (i) the following new 
     subsection:
       ``(j) Fusion Center Information Sharing Strategy.--Not 
     later than one year after the date of the enactment of this 
     subsection, the Secretary shall develop and update at least 
     once every five years a strategy for Department engagement 
     with fusion centers. Such strategy shall be developed and 
     updated in consultation with the heads of intelligence 
     components of the Department, the Chief Privacy Officer of 
     the Department, the Officer for Civil Rights and Civil 
     Liberties of the Department, officials of fusion centers, 
     officers designated as Homeland Security Advisors, and the 
     heads of other relevant agencies, as appropriate. Such 
     strategy shall include the following:
       ``(1) Specific goals and objectives for sharing information 
     and engaging with fusion centers--
       ``(A) through the direct deployment of personnel from 
     intelligence components of the Department;
       ``(B) through the use of Department unclassified and 
     classified information sharing systems, including the 
     Homeland Security Information Sharing Network and the 
     Homeland Secure Data Network, or any successor systems; and
       ``(C) through any additional means.
       ``(2) The performance metrics to be used to measure success 
     in achieving the goals and objectives referred to in 
     paragraph (1).
       ``(3) A five-year plan for continued engagement with fusion 
     centers.''.

     SEC. 3. OFFICE OF INTELLIGENCE AND ANALYSIS FIELD PERSONNEL 
                   SUPPORT TO FUSION CENTERS.

       (a) Performance Metrics.--Not later than 180 days after the 
     date of the enactment of this Act, the Under Secretary for 
     Intelligence and Analysis of the Department of Homeland 
     Security shall--

[[Page H1668]]

       (1) consider the effectiveness of existing processes to 
     identify and prepare field personnel for deployment to 
     support fusion centers and internal mechanisms to ensure 
     oversight and accountability of such field personnel, 
     including field personnel assigned to one center and field 
     personnel assigned to multiple centers; and
       (2) publish and disseminate performance metrics, taking 
     into account, as appropriate, regional and threat diversity, 
     for--
       (A) field personnel from the Office of Intelligence and 
     Analysis assigned to an individual fusion center;
       (B) field personnel from the Office of Intelligence and 
     Analysis assigned to multiple fusion centers; and
       (C) regional Directors of the Office of Intelligence and 
     Analysis to ensure accountability for monitoring all field 
     personnel under the supervision of such Regional Directors.
       (b) Training.--In consultation with the Chief Information 
     Officer of the Department of Homeland Security, the Under 
     Secretary for Intelligence and Analysis of the Department 
     shall develop and implement a formalized training module for 
     fusion center personnel regarding the classified Homeland 
     Secure Data Network of the Department, or any successor 
     system.
       (c) Fusion Center Defined.--In this section, the term 
     ``fusion center'' has the meaning given such term in section 
     210A of the Homeland Security Act of 2002 (6 U.S.C. 124h).

     SEC. 4. DHS COMPONENT USAGE OF THE HOMELAND SECURITY 
                   INFORMATION NETWORK.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Chief Intelligence Officer of 
     the Department of Homeland Security, in consultation with the 
     Chief Information Officer of the Department, shall--
       (1) develop policies and metrics to ensure effective use by 
     components of the Department of the Department's unclassified 
     Homeland Security Information Sharing Network, or any 
     successor system; and
       (2) develop policies for posting unclassified products on 
     the Homeland Security Information Sharing Network, or any 
     successor system.
       (b) Technical Enhancements.--The Chief Information Officer 
     of the Department of Homeland Security, in consultation with 
     the Chief Intelligence Officer of the Department, shall 
     assess and implement, as appropriate, technical enhancements 
     to the Homeland Security Information Sharing Network (HSIN) 
     to improve usability, including search functionality, data 
     analysis, and collaboration capabilities.

     SEC. 5. REPORT.

       Not later than 18 months after the date of the enactment of 
     this Act, the Secretary of Homeland Security 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 implementation of the following:
       (1) The fusion center information sharing strategy required 
     under subsection (j) of section 210A of the Homeland Security 
     Act of 2002 (6 U.S.C. 124h), as added by section 2 of this 
     Act, based on performance metrics developed pursuant to such 
     strategy.
       (2) Field personnel deployed to fusion centers (as such 
     term is defined in section 210A of the Homeland Security Act 
     of 2002 (6 U.S.C. 124h)) in accordance with section 3, based 
     on performance metrics developed pursuant to such section.
       (3) Policies that seek to ensure the effective use of the 
     Homeland Security Information Sharing Network in accordance 
     with section 4, based on the metrics developed pursuant to 
     such section.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Nebraska (Mr. Bacon) and the gentlewoman from New Jersey (Mrs. Watson 
Coleman) each will control 20 minutes.
  The Chair recognizes the gentleman from Nebraska.


                             General Leave

  Mr. BACON. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days within which to revise and extend their remarks 
and include extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Nebraska?
  There was no objection.
  Mr. BACON. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of H.R. 5079, the DHS Field Engagement 
Accountability Act. The sharing of counterterrorism and other homeland 
security information with State and local officials is vital in our 
efforts to protect the homeland.
  Fusion centers as hubs for information sharing and analysis play a 
critical role in the domestic homeland security information-sharing 
environment. Over the years, there have been vast improvements in DHS' 
support for these key stakeholders, including the Nebraska Information 
Analysis Center, known as NIAC, in my home State of Nebraska.
  H.R. 5079, the DHS Field Engagement Accountability Act, builds on 
ongoing efforts to hold DHS more accountable for supporting fusion 
centers and fully utilizing them as a resource to the Federal 
Government.
  First, it requires DHS to develop a strategy for engagement with 
fusion centers. With the maturation of the national network, many 
fusion centers have adopted an all-threats, all-hazards mission to 
ensure they are keeping pace with the changing threat environment. A 
strategy that incorporates all the components of the Department will 
ensure DHS is supporting and leveraging fusion centers effectively and 
efficiently.
  Second, this bill mandates performance metrics to hold DHS personnel 
in the field accountable. Among other responsibilities, these personnel 
serve as ambassadors of the Department and are integral in shaping and 
strengthening the relationship between fusion centers and DHS. As such, 
the Department must have appropriate performance objectives and metrics 
in place to ensure greater transparency in the expectations of these 
officers and accountability when issues arise.
  Finally, this bill requires additional training and improvements for 
both the classified and unclassified information-sharing systems that 
the Department makes available to fusion centers and other law 
enforcement agencies.
  While DHS has made strides in facilitating fusion center access to 
information and information systems, there are gaps in the Department's 
efforts to ensure these partners are adequately trained to utilize 
these systems.
  So, for example, while all fusion centers now have access to DHS' 
classified HSDN, many fusion center personnel are not proficient in 
this system, and DHS does not currently provide any standardized, in-
person HSDN training. Granting the appropriate clearances and 
credentials to access DHS systems is just as important as ensuring 
competency when using these systems.
  Additionally, I have learned that many DHS components do not 
routinely share analytic products on the Homeland Security Information 
Network-Intelligence portal, and many documents are not posted on a 
timely basis.

                              {time}  1645

  It is incumbent on the Department to ensure the appropriate policies 
and metrics are in place to incentivize component use of this critical 
information-sharing program.
  In that regard, I am pleased to report that, as of this month, both 
the Federal Protective Service and the United States Coast Guard have 
started participating on the HSIN-Intel Partner Products page. I 
encourage other components of the Department that do not participate to 
follow suit. This is a commonsense bill with bipartisan support that 
will enhance DHS' relationship with State and local fusion centers 
across the country.
  In short, we have learned many lessons this past year in analyzing 
and studying fusion centers. This bill fixes the multiple problems that 
we have encountered.
  Mr. Speaker, I reserve the balance of my time.
  Mrs. WATSON COLEMAN. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I rise in support of H.R. 5079, the DHS Field Engagement 
Accountability Act.
  H.R. 5079 would require the Department of Homeland Security to 
develop a fusion center engagement strategy. One of the tragic lessons 
of the September 11 attacks was what can happen when information is not 
shared at all levels of law enforcement.
  Since 2006, the committee has supported the Department's efforts to 
deploy intelligence analysts to many of the 79 fusion centers across 
the country. These fusion centers are charged with connecting the dots 
at the State or local level to prevent terrorist or extremist violence. 
H.R. 5079 continues in this vein by directing DHS to focus on 
strengthening its relationship with the fusion centers.
  At a time when violent attacks in Florida, New York, Las Vegas, and 
Charlottesville are tragically all too much a part of our new normal, 
we need this improved relationship between the Department and fusion 
centers more than ever.

[[Page H1669]]

  In addition to requiring an engagement strategy, the bill requires 
DHS to have metrics in place to hold the personnel it deploys to fusion 
centers accountable for their performance.
  Finally, this legislation seeks to encourage use of the Department's 
intelligence and document-sharing systems to promote greater engagement 
among the Department and fusion centers across the country.
  Specifically, H.R. 5079 would create policies for information sharing 
via Department networks that are developed and updated in consultation 
with the Department's experts on privacy, civil rights, and civil 
liberties.
  Mr. Speaker, I urge my colleagues to support this measure.
  In closing, with the emergence of lone wolves and small terrorist 
cells, the decentralized terrorist threat in the United States poses 
serious threats to local communities across our country from big cities 
to small towns. Whether the target is a church in South Carolina, a 
Sikh temple in Wisconsin, a mosque in Illinois, a synagogue in New 
York, a concert venue in Las Vegas, or a school in Florida, State and 
local law enforcement need a clear line of communication with Federal 
agencies. As such, DHS must ensure that fusion centers throughout the 
country have access to the resources--including personnel, training, 
and access to information--necessary to keep the U.S. homeland safe and 
secure.
  H.R. 5079 directs DHS to do just that by requiring the Department to 
have a strategy to enhance engagement with fusion centers and provide 
fusion center personnel. Additionally, H.R. 5079 would ensure that DHS' 
information-sharing policies include strong privacy and civil liberty 
safeguards. I, therefore, encourage my colleagues to support H.R. 5079.
  Mr. Speaker, I yield back the balance of my time.
  Mr. BACON. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, first of all, I want to thank the gentlewoman from New 
Jersey for her comments and her support making this bill a bipartisan 
bill. Part of the work that we are doing is we are going to improve 70 
different fusion centers with this bill and standardize the performance 
of all of them.
  Mr. Speaker, once again, I urge my colleagues to support this bill, 
and I yield back the balance of my time
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Nebraska (Mr. Bacon) that the House suspend the rules 
and pass the bill, H.R. 5079, 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.

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