[Congressional Record (Bound Edition), Volume 161 (2015), Part 12]
[House]
[Pages 16926-16929]
[From the U.S. 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.
       (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

[[Page 16927]]

     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.

[[Page 16928]]

  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 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

[[Page 16929]]

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, 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.
  Mr. McCAUL. Mr. Speaker, I submit the following exchange of letters 
between the Committee on Homeland Security and the Transportation and 
Infrastructure Committee, regarding H.R. 3598, for the record.

         House of Representatives, Committee on Transportation and 
           Infrastructure,
                                 Washington, DC, November 2, 2015.
     Hon. Michael T. McCaul,
     Chairman, Committee on Homeland Security, Washington, DC.
       Dear Chairman McCaul: I write concerning H.R. 3598, the 
     ``Fusion Center Enhancement Act of 2015.'' This legislation 
     includes 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. 3598, the 
     Committee on Transportation and Infrastructure agreed to 
     forgo action on this bill despite the fact that the 
     Parliamentarians were unable to fully litigate the 
     jurisdictional question. However, this was 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 that you please place a copy of this letter and 
     your response acknowledging our jurisdictional interest into 
     the Congressional Record.
           Sincerely,
                                                     Bill Shuster,
     Chairman.
                                  ____

                                         House of Representatives,


                               Committee on Homeland Security,

                                 Washington, DC, November 3, 2015.
     Hon. Bill Shuster,
     Chairman, Transportation and Infrastructure Committee, 
         Washington, DC.
       Dear Chairman Shuster, Thank you for your interest in H.R. 
     3598, the ``Fusion Center Enhancement Act of 2015.'' I 
     appreciate your cooperation in refraining from requesting a 
     sequential referral on this bill in the interest of allowing 
     it to move expeditiously under suspension of the House Rules 
     on November 2, 2015. Because H.R. 3598 has now passed the 
     House, the Parliamentarians can no longer render an official 
     decision as to any jurisdictional claim the Transportation 
     and Infrastructure Committee may have had.
       I therefore acknowledge that the question of the 
     Transportation and Infrastructure Committee's jurisdictional 
     interest in a certain provision of H.R. 3598 has not been 
     fully adjudicated and that no final decision as to that point 
     was made. I further agree that the absence of a final 
     decision will not prejudice any claim the Transportation and 
     Infrastructure Committee may have with respect to this 
     legislation in the future.
       A copy of this letter will be entered into the 
     Congressional Record.
           Sincerely,
                                                Michael T. McCaul,
                                                         Chairman.
  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.

                          ____________________