[House Report 114-324]
[From the U.S. Government Publishing Office]


114th Congress }                                           { Report
                        HOUSE OF REPRESENTATIVES
 1st Session   }                                           { 114-324

======================================================================
 
                 FUSION CENTER ENHANCEMENT ACT OF 2015

                                _______
                                

November 2, 2015.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. McCaul, from the Committee on Homeland Security, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 3598]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security, to whom was referred 
the bill (H.R. 3598) 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, having considered the same, report favorably 
thereon with an amendment and recommend that the bill as 
amended do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     4
Background and Need for Legislation..............................     4
Hearings.........................................................     5
Committee Consideration..........................................     5
Committee Votes..................................................     6
Committee Oversight Findings.....................................     6
New Budget Authority, Entitlement Authority, and Tax Expenditures     6
Congressional Budget Office Estimate.............................     6
Statement of General Performance Goals and Objectives............     7
Duplicative Federal Programs.....................................     7
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................     7
Federal Mandates Statement.......................................     7
Preemption Clarification.........................................     7
Disclosure of Directed Rule Makings..............................     7
Advisory Committee Statement.....................................     7
Applicability to Legislative Branch..............................     8
Section-by-Section Analysis of the Legislation...................     8
Changes in Existing Law Made by the Bill, as Reported............     9
Committee Correspondence.........................................    19

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Fusion Center Enhancement Act of 
2015''.

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 2015, 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 such fusion centers to participate 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 and local 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.
                  ``(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.
                  ``(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 pursuant to paragraph (1).''; 
                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'';
          (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 2022, the 
Under Secretary for Intelligence and Analysis of the Department of 
Homeland Security shall report to the Committee on Homeland Security of 
the House of Representatives and the Committee on Homeland Security and 
Governmental Affairs 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''.

                          Purpose and Summary

    The purpose of H.R. 3598 is to amend the Homeland Security 
Act to enhance the partnership between the Department of 
Homeland Security and the National Network of Fusion Centers, 
including Departmental support to fusion centers relating to 
information sharing and personnel.

                  Background and Need for Legislation

    This legislation updates the existing language in Section 
210A of the Homeland Security Act of 2002 to enhance State and 
local partners access to homeland security information and 
coordination with the Department of Homeland Security's 
Components. The bill reflects the evolution of the National 
Network of Fusion Centers, as well as the Office of 
Intelligence and Analysis (I&A) relationship with fusion 
centers in the Network.
    Section 210A was added to the Homeland Security Act through 
Section 511 of the Implementing Recommendations of the 9/11 
Commission Act of 2007 (Pub. L. 110-53). At the time of 
passage, the Conference Committee stated that language was 
``key to Federal information sharing efforts and must succeed 
in order for the Department to remain relevant in the 
blossoming State and local intelligence community.'' The report 
added that ``the Department's Office of Intelligence and 
Analysis, which has a primary responsibility for sharing 
information with State, local, and regional officials, needs to 
play a stronger, more constructive role in assisting these 
centers . . . ''\1\
---------------------------------------------------------------------------
    \1\ ``Implementing Recommendations of the 9/11 Commission Act of 
2007,'' Conference Report to accompany H.R. 1, House of 
Representatives, Report 110-259, Page 308, July 25, 2007, (Accessed at: 
http://www.gpo.gov/fdsys/pkg/CRPT-110hrpt259/pdf/CRPT-110hrpt259.pdf)
---------------------------------------------------------------------------
    As the National Network of Fusion Centers continues to 
mature into a national asset, this legislation adds several new 
responsibilities for the Under Secretary of I&A at the 
Department to reflect the current role of fusion centers in 
detecting and preventing a terrorist attack or other emergency. 
Additionally, to hold the Department accountable, this 
legislation requires the Under Secretary of Intelligence and 
Analysis to submit an annual report, until 2022, to Congress on 
the efforts of the Office of Intelligence and Analysis and 
departmental components to support the National Network of 
Fusion Centers and specifically report on how they are meeting 
the requirements set forth in this bill.
    The bill does not change the existing requirements for I&A 
personnel assigned to fusion centers to have appropriate 
analytical, privacy, and civil liberties training. 
Additionally, Section 210A as amended maintains existing 
language for the Secretary to prioritize resource allocation 
from border and maritime related components to fusion centers 
in border and maritime regions.

                                Hearings

    The Committee did not hold any hearing specifically on 
H.R.3598; however, the Committee did hold the following 
oversight hearing in the 114th Congress.
    On February 26, 2015, the Subcommittee on Counterterrorism 
and Intelligence held a hearing entitled ``Addressing Remaining 
Gap in Federal, State, and Local Information Sharing.'' The 
Subcommittee received testimony from Mr. Mike Sena, President, 
National Fusion Center Association; Chief Richard Beary, 
President, International Association of Chiefs of Police; and 
Dr. Cedric Alexander, National President, National Organization 
of Black Law Enforcement Executives.

                        Committee Consideration

    The Committee met on September 30, 2015, to consider H.R. 
3598, and ordered the measure to be reported to the House with 
a favorable recommendation, as amended, by voice vote. The 
Committee took the following actions:
    The following amendments were offered:

 An amendment by Mr. Keating (#1); was AGREED TO by voice vote.

 An en bloc amendment to the Amendment in the Nature of a 
Substitute to H.R. 1417 offered by Ms. Sanchez (#1E); was 
AGREED TO by voice vote.

     Page 6, beginning line 16, insert a new subparagraph entitled 
``(C) Memoranda of understanding.''

                            Committee Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee to list the recorded 
votes on the motion to report legislation and amendments 
thereto.
    No recorded votes were requested during consideration of 
H.R.3598.

                      Committee Oversight Findings

    Pursuant to clause 3(c)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee has held oversight 
hearings and made findings that are reflected in this report.

   New Budget Authority, Entitlement Authority, and Tax Expenditures

    In compliance with clause 3(c)(2) of rule XIII of the Rules 
of the House of Representatives, the Committee finds that H.R. 
3598, the Fusion Center Enhancement Act of 2015, would result 
in no new or increased budget authority, entitlement authority, 
or tax expenditures or revenues.

                  Congressional Budget Office Estimate

    The Committee adopts as its own the cost estimate prepared 
by the Director of the Congressional Budget Office pursuant to 
section 402 of the Congressional Budget Act of 1974.

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, October 19, 2015.
Hon. Michael McCaul,
Chairman, Committee on Homeland Security,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3598, the Fusion 
Center Enhancement Act of 2015.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Mark 
Grabowicz.
            Sincerely,
                                                        Keith Hall.
    Enclosure.

H.R. 3598--Fusion Center Enhancement Act of 2015

    H.R. 3598 would modify current laws relating to fusion 
centers, which are supported by the Department of Homeland 
Security (DHS); those centers facilitate information sharing 
among federal, state, and local authorities. Many of the bill's 
provisions would aim to improve communication between DHS and 
state and local entities. Because the department is currently 
carrying out activities similar to those required by the bill, 
CBO estimates that implementing H.R. 3598 would not have a 
significant effect on spending by DHS. Enacting the legislation 
would not affect direct spending or revenues; therefore, pay-
as-you-go procedures do not apply.
    CBO estimates that enacting H.R. 3598 would not increase 
net direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2026.
    H.R. 3598 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act.
    The CBO staff contact for this estimate is Mark Grabowicz. 
The estimate was approved by H. Samuel Papenfuss, Deputy 
Assistant Director for Budget Analysis.

         Statement of General Performance Goals and Objectives

    Pursuant to clause 3(c)(4) of rule XIII of the Rules of the 
House of Representatives, H.R. 3598 contains the following 
general performance goals and objectives, including outcome 
related goals and objectives authorized.
    The goal of H.R. 3598 is to enhance the partnership between 
the Department of Homeland Security and the National Network of 
Fusion Centers by adding additional responsibilities to the 
Under Secretary of Intelligence and Analysis at the Department.

                      Duplicative Federal Programs

    Pursuant to clause 3(c) of rule XIII, the Committee finds 
that H.R. 3598 does not contain any provision that establishes 
or reauthorizes a program known to be duplicative of another 
Federal program.

   Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
                                Benefits

    In compliance with rule XXI of the Rules of the House of 
Representatives, this bill, as reported, contains no 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(e), 9(f), or 9(g) of the rule 
XXI.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

                        Preemption Clarification

    In compliance with section 423 of the Congressional Budget 
Act of 1974, requiring the report of any Committee on a bill or 
joint resolution to include a statement on the extent to which 
the bill or joint resolution is intended to preempt State, 
local, or Tribal law, the Committee finds that H.R. 3598 does 
not preempt any State, local, or Tribal law.

                  Disclosure of Directed Rule Makings

    The Committee estimates that H.R. 3598 would require no 
directed rule makings.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

             Section-by-Section Analysis of the Legislation


Section 1.   Short title

    This section provides that bill may be cited as the 
``Fusion Center Enhancement Act of 2015''.

Sec. 2.   Department of Homeland Security Fusion Center Partnership 
        Initiative

    Subsection (a) of this section amends Section 210A of the 
Homeland Security Act to strengthen the requirements for the 
Department of Homeland Security (DHS) to partner and support 
fusion centers, which are State and locally owned operations 
and intelligence centers. The bill amends the existing statute 
to recognize the existence of the National Network of Fusion 
Centers, which is the combined effort of the individual fusion 
centers across the country.
    Additionally, this subsection makes the following changes:
    This subsection amends subsection (b) of Section 210A to 
revise the responsibilities of the Department of Homeland 
Security related to support to, and coordination with, the 
National Network of Fusion Centers. The new responsibilities 
include ``coordinating with the heads of other Federal 
departments'' to provide operational and intelligence support, 
supporting ``the maturation and sustainment'' of fusion 
centers, reducing inefficiencies of Federal resources provided 
to fusion centers, ensuring that support to fusion centers is 
included as a priority in homeland security grant guidance, 
coordinating nationwide suspicious activity reports, ensuring 
that fusion centers are the focal points for sharing 
information, and disseminating best practices for appropriate 
State and local staffing at fusion centers.
    This subsection amends subsection (c) to clarify that the 
Under Secretary of Intelligence and Analysis (I&A) within the 
Department shall provide fusion centers with access to homeland 
security information, as well as Departmental personnel as 
appropriate. This section also requires the Under Secretary to 
work with other agencies in the Federal government to provide 
appropriate personnel to fusion centers.
    Language was added to this subsection during the Full 
Committee markup to require the Under Secretary of I&A to 
negotiate a memorandum of understanding between the Department 
and each fusion center in the National Network of Fusion 
Centers regarding the categories of information provided by 
each entity and how such information will be used. 
Additionally, the memorandum of understanding must address the 
process of developing joint products and resolve disputes in 
information sharing.
    This subsection amends subsection (d), which relates to the 
responsibilities of Departmental personnel assigned to fusion 
centers, to add a requirement that such personnel ensure that 
they are incorporating relevant information from within the 
Department, including the components, in their analysis.
    This subsection amends subsection (j) to add a definition 
for the ``National Network of Fusion Centers.''
    This bill removes subjection (k) from 210A, which contained 
the expired authorization of appropriations. This section is 
removed because the funding for Departmental support to fusion 
centers comes largely from the Office of Intelligence and 
Analysis, which is funded through the National Intelligence 
Program, a classified appropriation.
    Subsection (b) of the bill requires the Under Secretary to 
report to Congress annually on how the Department is improving 
support to fusion centers and meeting the requirements in 
Section 210A of the Homeland Security Act. The reporting 
requirement sunsets after seven years.
    Subsection (c) of the bill is a clerical amendment to the 
table of contents in the Homeland Security Act.
    Subsection (d) clarifies that any reference in law to the 
``Department of Homeland Security State, Local, and Regional 
Fusion Center Initiative,'' which is the current title of 
Section 210A of the Homeland Security Act, shall be considered 
a reference to the ``Department of Homeland Security Fusion 
Center Initiative.''

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, and existing law in which no 
change is proposed is shown in roman):

                     HOMELAND SECURITY ACT OF 2002


SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Homeland 
Security Act of 2002''.
  (b) Table of Contents.--The table of contents for this Act is 
as follows:

     * * * * * * *

      TITLE II--INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION

  Subtitle A--Information and Analysis and Infrastructure Protection; 
                          Access to Information

     * * * * * * *
[Sec. 210A. Department of Homeland Security State, Local, and Regional 
          Information Fusion Center Initiative.]
Sec. 210A. Department of Homeland Security Fusion Centers Initiative.

           *       *       *       *       *       *       *


      TITLE II--INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION

  Subtitle A--Information and Analysis and Infrastructure Protection; 
Access to Information

           *       *       *       *       *       *       *


[SEC. 210A. DEPARTMENT OF HOMELAND SECURITY STATE, LOCAL, AND REGIONAL 
                    FUSION CENTER INITIATIVE.]

SEC. 210A. DEPARTMENT OF HOMELAND SECURITY FUSION CENTER PARTNERSHIP 
                    INITIATIVE.

  (a) Establishment.--The Secretary, in consultation with the 
program manager of the information sharing environment 
established under section 1016 of the Intelligence Reform and 
Terrorism Prevention Act of 2004 (6 U.S.C. 485), the Attorney 
General, the Privacy Officer of the Department, the Officer for 
Civil Rights and Civil Liberties of the Department, and the 
Privacy and Civil Liberties Oversight Board established under 
section 1061 of the Intelligence Reform and Terrorism 
Prevention Act of 2004 (5 U.S.C. 601 note), shall establish a 
Department of Homeland Security State, Local, and Regional 
Fusion Center Initiative to establish partnerships with State, 
local, and regional fusion centers. Beginning on the date of 
the enactment of the Fusion Center Enhancement Act of 2015, 
such Initiative shall be known as the ``Department of Homeland 
Security Fusion Center Partnership Initiative''.
  [(b) Department Support and Coordination.--Through the 
Department of Homeland Security State, Local, and Regional 
Fusion Center Initiative, and in coordination with the 
principal officials of participating State, local, or regional 
fusion centers and the officers designated as the Homeland 
Security Advisors of the States, the Secretary shall--
          [(1) provide operational and intelligence advice and 
        assistance to State, local, and regional fusion 
        centers;
          [(2) support efforts to include State, local, and 
        regional fusion centers into efforts to establish an 
        information sharing environment;
          [(3) conduct tabletop and live training exercises to 
        regularly assess the capability of individual and 
        regional networks of State, local, and regional fusion 
        centers to integrate the efforts of such networks with 
        the efforts of the Department;
          [(4) coordinate with other relevant Federal entities 
        engaged in homeland security-related activities;
          [(5) provide analytic and reporting advice and 
        assistance to State, local, and regional 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 State, local, and regional fusion centers, 
        and to incorporate such information, as appropriate, 
        into the Department's own such information;
          [(7) provide management assistance to State, local, 
        and regional fusion centers;
          [(8) serve as a point of contact to ensure the 
        dissemination of information within the scope of the 
        information sharing environment, including homeland 
        security information, terrorism information, and 
        weapons of mass destruction information;
          [(9) facilitate close communication and coordination 
        between State, local, and regional fusion centers and 
        the Department;
          [(10) provide State, local, and regional fusion 
        centers with expertise on Department resources and 
        operations;
          [(11) provide training to State, local, and regional 
        fusion centers and encourage such fusion centers to 
        participate in terrorism threat-related exercises 
        conducted by the Department; and
          [(12) carry out such other duties as the Secretary 
        determines are appropriate.]
  (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 such fusion centers to 
        participate 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 and 
        local 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.
  [(c) Personnel Assignment.--]
          [(1) In general.--The Under Secretary for 
        Intelligence and Analysis shall, to the maximum extent 
        practicable, assign officers and intelligence analysts 
        from components of the Department to participating 
        State, local, and regional fusion centers.
          [(2) Personnel sources.--Officers and intelligence 
        analysts assigned to participating fusion centers under 
        this subsection may be assigned from the following 
        Department components, in coordination with the 
        respective component head and in consultation with the 
        principal officials of participating fusion centers:
                  [(A) Office of Intelligence and Analysis.
                  [(B) Office of Infrastructure Protection.
                  [(C) Transportation Security Administration.
                  [(D) United States Customs and Border 
                Protection.
                  [(E) United States Immigration and Customs 
                Enforcement.
                  [(F) United States Coast Guard.
                  [(G) Other components of the Department, as 
                determined by the Secretary.
          [(3) Qualifying criteria.--
                  [(A) In general.--The Secretary shall develop 
                qualifying criteria for a fusion center to 
                participate in the assigning of Department 
                officers or intelligence analysts under this 
                section.]
  (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.
                  (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.
                  (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 
                pursuant to paragraph (1).
                  (B) Criteria.--Any criteria developed under 
                subparagraph (A) may include--
                          (i) whether the fusion center, 
                        through its mission and governance 
                        structure, focuses on a broad 
                        counterterrorism approach, and whether 
                        that broad approach is pervasive 
                        through all levels of the organization;
                          (ii) whether the fusion center has 
                        sufficient numbers of adequately 
                        trained personnel to support a broad 
                        counterterrorism mission;
                          (iii) whether the fusion center has--
                                  (I) access to relevant law 
                                enforcement, emergency 
                                response, private sector, open 
                                source, and national security 
                                data; and
                                  (II) the ability to share and 
                                analytically utilize that data 
                                for lawful purposes;
                          (iv) whether the fusion center is 
                        adequately funded by the State, local, 
                        or regional government to support its 
                        counterterrorism mission; and
                          (v) the relevancy of the mission of 
                        the fusion center to the particular 
                        source component of Department officers 
                        or intelligence analysts.
          (4) Prerequisite.--
                  (A) Intelligence analysis, privacy, and civil 
                liberties training.--Before being assigned to a 
                fusion center under this section, an officer or 
                intelligence analyst shall undergo--
                          (i) appropriate intelligence analysis 
                        or information sharing training using 
                        an intelligence-led policing curriculum 
                        that is consistent with--
                                  (I) standard training and 
                                education programs offered to 
                                Department law enforcement and 
                                intelligence personnel; and
                                  (II) the Criminal 
                                Intelligence Systems Operating 
                                Policies under part 23 of title 
                                28, Code of Federal Regulations 
                                (or any corresponding similar 
                                rule or regulation);
                          (ii) appropriate privacy and civil 
                        liberties training that is developed, 
                        supported, or sponsored by the Privacy 
                        Officer appointed under section 222 and 
                        the Officer for Civil Rights and Civil 
                        Liberties of the Department, in 
                        consultation with the Privacy and Civil 
                        Liberties Oversight Board established 
                        under section 1061 of the Intelligence 
                        Reform and Terrorism Prevention Act of 
                        2004 (5 U.S.C. 601 note); and
                          (iii) such other training prescribed 
                        by the Under Secretary for Intelligence 
                        and Analysis.
                  (B) Prior work experience in area.--In 
                determining the eligibility of an officer or 
                intelligence analyst to be assigned to a fusion 
                center under this section, the Under Secretary 
                for Intelligence and Analysis shall consider 
                the familiarity of the officer or intelligence 
                analyst with the State, locality, or region in 
                which such fusion center is located, as 
                determined by such factors as whether the 
                officer or intelligence analyst--
                          (i) has been previously assigned in 
                        the geographic area; or
                          (ii) has previously worked with 
                        intelligence officials or law 
                        enforcement or other emergency response 
                        providers from that State, locality, or 
                        region.
          (5) Expedited security clearance processing.--The 
        Under Secretary for Intelligence and Analysis--
                  (A) shall ensure that each officer or 
                intelligence analyst assigned to a fusion 
                center under this section has the appropriate 
                security clearance to contribute effectively to 
                the mission of the fusion center; and
                  (B) may request that security clearance 
                processing be expedited for each such officer 
                or intelligence analyst and may use available 
                funds for such purpose.
          (6) Further qualifications.--Each officer or 
        intelligence analyst assigned to a fusion center under 
        this section shall satisfy any other qualifications the 
        Under Secretary for Intelligence and Analysis may 
        prescribe.
  (d) Responsibilities.--An officer or intelligence analyst 
assigned to a fusion center under this section shall--
          (1) assist law enforcement agencies and other 
        emergency response providers of State, local, and 
        tribal governments and fusion center personnel in using 
        information within the scope of the information sharing 
        environment, including homeland security information, 
        terrorism information, and weapons of mass destruction 
        information, to develop a comprehensive and accurate 
        threat picture;
          (2) review homeland security-relevant information 
        from law enforcement agencies and other emergency 
        response providers of State, local, and tribal 
        government;
          (3) create intelligence and other information 
        products derived from such information and other 
        homeland security-relevant information provided by the 
        Department; [and]
          (4) assist in the dissemination of such products, as 
        coordinated by the Under Secretary for Intelligence and 
        Analysis, to law enforcement agencies and other 
        emergency response providers of State, local, and 
        tribal [government] governments, other fusion centers, 
        and appropriate Federal agencies[.]; and
          (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).
  (e) Border Intelligence Priority.--
          [(1) In general.--The Secretary shall make it a 
        priority to assign officers and intelligence analysts 
        under this section from United States Customs and 
        Border Protection, United States Immigration and 
        Customs Enforcement, and the Coast Guard to 
        participating State, local, and regional 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, and tribal law enforcement authorities to 
        identify, investigate, and otherwise interdict persons, 
        weapons, and related contraband that pose a threat to 
        homeland security.]
          (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.
          (2) Border intelligence products.--When performing 
        the responsibilities described in subsection (d), 
        officers and intelligence analysts assigned to 
        [participating State, local, and regional] fusion 
        centers under this section shall have, as a primary 
        responsibility, the creation of border intelligence 
        products that--
                  (A) assist State, local, and tribal law 
                enforcement agencies in deploying their 
                resources most efficiently to help detect and 
                interdict terrorists, weapons of mass 
                destruction, and related contraband at land or 
                maritime borders of the United States;
                  (B) promote more consistent and timely 
                sharing of border security-relevant information 
                among jurisdictions along land or maritime 
                borders of the United States; and
                  (C) enhance the Department's situational 
                awareness of the threat of acts of terrorism at 
                or involving the land or maritime borders of 
                the United States.
  (f) Database Access.--In order to fulfill the objectives 
described under subsection (d), each officer or intelligence 
analyst assigned to a fusion center under this section shall 
have appropriate access to all relevant Federal databases and 
information systems, consistent with any policies, guidelines, 
procedures, instructions, or standards established by the 
President or, as appropriate, the program manager of the 
information sharing environment for the implementation and 
management of that environment.
  (g) Consumer Feedback.--
          (1) In general.--The Secretary shall create a 
        voluntary mechanism for any State, local, or tribal law 
        enforcement officer or other emergency response 
        provider who is a consumer of the intelligence or other 
        information products referred to in subsection (d) to 
        provide feedback to the Department on the quality and 
        utility of such intelligence products.
          (2) Report.--Not later than one year after the date 
        of the enactment of the Implementing Recommendations of 
        the 9/11 Commission Act of 2007, and annually 
        thereafter, the Secretary shall submit to the Committee 
        on Homeland Security and Governmental Affairs of the 
        Senate and the Committee on Homeland Security of the 
        House of Representatives a report that includes a 
        description of the consumer feedback obtained under 
        paragraph (1) and, if applicable, how the Department 
        has adjusted its production of intelligence products in 
        response to that consumer feedback.
  (h) Rule of Construction.--
          (1) In general.--The authorities granted under this 
        section shall supplement the authorities granted under 
        section 201(d) and nothing in this section shall be 
        construed to abrogate the authorities granted under 
        section 201(d).
          (2) Participation.--Nothing in this section shall be 
        construed to require a State, local, or regional 
        government or entity to accept the assignment of 
        officers or intelligence analysts of the Department 
        into the fusion center of that State, locality, or 
        region.
  (i) Guidelines.--The Secretary, in consultation with the 
Attorney General, shall establish guidelines for fusion centers 
created and operated by State and local governments, to include 
standards that any such fusion center shall--
          (1) collaboratively develop a mission statement, 
        identify expectations and goals, measure performance, 
        and determine effectiveness for that fusion center;
          (2) create a representative governance structure that 
        includes law enforcement officers and other emergency 
        response providers and, as appropriate, the private 
        sector;
          (3) create a collaborative environment for the 
        sharing of intelligence and information among Federal, 
        State, local, and tribal government agencies (including 
        law enforcement officers and other emergency response 
        providers), the private sector, and the public, 
        consistent with any policies, guidelines, procedures, 
        instructions, or standards established by the President 
        or, as appropriate, the program manager of the 
        information sharing environment;
          (4) leverage the databases, systems, and networks 
        available from public and private sector entities, in 
        accordance with all applicable laws, to maximize 
        information sharing;
          (5) develop, publish, and adhere to a privacy and 
        civil liberties policy consistent with Federal, State, 
        and local law;
          (6) provide, in coordination with the Privacy Officer 
        of the Department and the Officer for Civil Rights and 
        Civil Liberties of the Department, appropriate privacy 
        and civil liberties training for all State, local, 
        tribal, and private sector representatives at the 
        fusion center;
          (7) ensure appropriate security measures are in place 
        for the facility, data, and personnel;
          (8) select and train personnel based on the needs, 
        mission, goals, and functions of that fusion center;
          (9) offer a variety of intelligence and information 
        services and products to recipients of fusion center 
        intelligence and information; and
          (10) incorporate law enforcement officers, other 
        emergency response providers, and, as appropriate, the 
        private sector, into all relevant phases of the 
        intelligence and fusion process, consistent with the 
        mission statement developed under paragraph (1), either 
        through full time representatives or liaison 
        relationships with the fusion center to enable the 
        receipt and sharing of information and intelligence.
  (j) Definitions.--In this section--
          (1) the term ``fusion center'' means a collaborative 
        effort of 2 or more Federal, State, local, or tribal 
        government agencies that combines resources, expertise, 
        or information with the goal of maximizing the ability 
        of such agencies to detect, prevent, investigate, 
        apprehend, and respond to criminal or terrorist 
        activity;
          (2) the term ``information sharing environment'' 
        means the information sharing environment established 
        under section 1016 of the Intelligence Reform and 
        Terrorism Prevention Act of 2004 (6 U.S.C. 485);
          (3) the term ``intelligence analyst'' means an 
        individual who regularly advises, administers, 
        supervises, or performs work in the collection, 
        gathering, analysis, evaluation, reporting, production, 
        or dissemination of information on political, economic, 
        social, cultural, physical, geographical, scientific, 
        or military conditions, trends, or forces in foreign or 
        domestic areas that directly or indirectly affect 
        national security;
          (4) the term ``intelligence-led policing'' means the 
        collection and analysis of information to produce an 
        intelligence end product designed to inform law 
        enforcement decision making at the tactical and 
        strategic levels; [and]
          (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
          [(5)] (6) the term ``terrorism information'' has the 
        meaning given that term in section 1016 of the 
        Intelligence Reform and Terrorism Prevention Act of 
        2004 (6 U.S.C. 485).
  [(k) Authorization of Appropriations.--There is authorized to 
be appropriated $10,000,000 for each of fiscal years 2008 
through 2012, to carry out this section, except for subsection 
(i), including for hiring officers and intelligence analysts to 
replace officers and intelligence analysts who are assigned to 
fusion centers under this section.]

           *       *       *       *       *       *       *


                        Committee Correspondence

                          House of Representatives,
                Permanent Select Committee on Intelligence,
                                  Washington, DC, 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.
                              ----------                              

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.

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