[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.
[all]