[Congressional Record Volume 163, Number 16 (Tuesday, January 31, 2017)]
[House]
[Pages H778-H781]
FUSION CENTER ENHANCEMENT ACT OF 2017
Mr. KING of New York. Mr. Speaker, I move to suspend the rules and
pass the bill (H.R. 642) 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.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 642
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fusion Center Enhancement
Act of 2017''.
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 2017, 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 participating fusion centers to take part 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, local, tribal, and territorial
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 in a manner
consistent with the Department's mission and existing
statutory limits.
``(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.
[[Page H779]]
``(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 in a manner consistent with the Department's mission
and existing statutory limits.''; 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
fusion centers'' and inserting ``fusion centers in the
National Network of Fusion Centers'';
(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 2024, the Under Secretary for Intelligence and
Analysis of the Department of Homeland Security shall report
to the Committee on Homeland Security and the Permanent
Select Committee on Intelligence of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs and the Select Committee on Intelligence
of the Senate 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''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New
York (Mr. King) and the gentleman from Mississippi (Mr. Thompson) each
will control 20 minutes.
The Chair recognizes the gentleman from New York.
General Leave
Mr. KING of New York. Mr. Speaker, I ask unanimous consent that all
Members have 5 legislative days in which to revise and extend their
remarks and include any extraneous material on the bill under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New York?
There was no objection.
Mr. KING of New York. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I rise in support of H.R. 642, the Fusion Center
Enhancement Act of 2017, introduced by the gentleman from Pennsylvania,
my good friend, Congressman Lou Barletta.
The bill before us today, Mr. Speaker, is focused on improving the
partnership between the Department of Homeland Security and the
National Network of Fusion Centers. The bill amends section 210A of the
Homeland Security Act to clarify and enhance partnership between DHS
and fusion centers.
As the United States is facing the highest threat environment since
9/11, it is vital that State and local agencies are receiving realtime
threat information and have access to Federal intelligence and support.
This was a key lesson learned from the 9/11 terror attacks, and,
unfortunately, reinforced after the 2012 Boston Marathon bombing. DHS
has a legal mandate to assist fusion centers in this effort, and H.R.
642 helps move the ball forward.
The threat of lone wolves inspired by ISIS and other radical Islamist
terrorist groups are not deteriorating, and it is critical that there
are strong partnerships between the Federal Government and State and
local law enforcement agencies. This bill will help the Department and
the national network maintain and improve their current partnership.
This bill passed the House last Congress by voice vote, and I am
pleased the House is willing to move it again this year.
I want to thank Congressman Barletta for leading the committee's
efforts in developing this responsible and commonsense legislation.
Congressman Barletta's background as a businessman, city councilman,
mayor, and Congressman has left him with a strong commitment to public
safety and security.
{time} 1445
It has been a pleasure to work with Lou on the Homeland Security
Committee, where he was a vocal advocate for information sharing. I
urge my colleagues to support this bill to ensure that the partnership
between DHS and the national network is strong and agile to protect the
United States against the ever-changing terrorism threat.
Mr. Speaker, I reserve the balance of my time.
House of Representatives, Committee on Transportation and
Infrastructure,
Washington, DC, January 31, 2017.
Hon. Michael T. McCaul,
Chairman, Committee on Homeland Security,
Washington, DC.
Dear Chairman McCaul: I write concerning H.R. 642, the
Fusion Center Enhancement Act of 2017. This legislation
includes
[[Page H780]]
matters that I believe fall within the Rule X jurisdiction of
the Committee on Transportation and Infrastructure.
In order to expedite floor consideration of H.R. 642, the
Committee on Transportation and Infrastructure agrees to
forgo action on this bill. However, this is conditional on
our mutual understanding that forgoing consideration of the
bill would not prejudice the Committee with respect to the
appointment of conferees or to any future jurisdictional
claim over the subject matters contained in the bill or
similar legislation that fall within the Committee's Rule X
jurisdiction. I request you urge the Speaker to name members
of the Committee to any conference committee named to
consider such provisions.
Please place a copy of this letter and your response
acknowledging our jurisdictional interest into the
Congressional Record during consideration of the measure on
the House floor.
Sincerely,
Bill Shuster,
Chairman.
____
House of Representatives,
Committee on Homeland Security,
Washington, DC, January 31, 2017.
Hon. Bill Shuster,
Chairman, Committee on Transportation and Infrastructure,
Washington, DC.
Dear Chairman Shuster: Thank you for your interest in H.R.
642, the ``Fusion Center Enhancement Act of 2017.'' I
appreciate your cooperation in allowing this legislation to
move expeditiously before the House of Representatives. I
understand that the Committee on Transportation and
Infrastructure, to the extent it may have a jurisdictional
claim, will not seek a sequential referral on the bill; and
therefore, there has been no formal determination as to its
jurisdiction by the Parliamentarian. We appreciate your
cooperation in this matter.
The Committee on Homeland Security concurs with the mutual
understanding that the absence of a decision on this bill at
this time does not prejudice any claim the Committee on
Transportation and Infrastructure may have held or may have
on similar legislation in the future.
I will insert copies of this exchange in the Congressional
Record during consideration of this bill on the House floor.
I thank you for your cooperation in this matter.
Sincerely,
Michael T. McCaul,
Chairman.
Mr. THOMPSON of Mississippi. Mr. Speaker, I yield myself such time as
I may consume.
Mr. Speaker, I rise in support of H.R. 642, the Fusion Center
Enhancement Act of 2017.
Mr. Speaker, last Congress, the House approved this measure to update
the law to reflect the evolution of the Department of Homeland
Security's National Network of Fusion Centers.
H.R. 642 clarifies that fusion centers are State and locally owned
and operated, and requires the Department's Office of Intelligence and
Analysis to provide support to centers in its network by deploying
personnel and providing access to timely information.
Importantly, H.R. 642 also adds several new responsibilities to DHS'
Under Secretary of Intelligence and Analysis with respect to the grant
guidance, nationwide suspicious activity reports, and fusion centers'
access to information.
The bill makes several technical changes to existing law to help
ensure more information sharing resources are made available to
Federal, State, and local law enforcement officials at our National
Network of Fusion Centers.
If enacted, H.R. 642 will go a long way to provide States and
localities that have invested significant resources in standing up
fusion centers with the support they need to keep their communities,
and ultimately the Nation, secure.
I urge passage of H.R. 642.
Mr. Speaker, I reserve the balance of my time.
Mr. KING of New York. Mr. Speaker, I yield such time as he may
consume to the distinguished gentleman from Pennsylvania (Mr.
Barletta), the sponsor of the legislation.
Mr. BARLETTA. Mr. Speaker, I thank Mr. King of New York for yielding.
Mr. Speaker, I rise in support of my legislation, the Fusion Center
Enhancement Act of 2017. I thank Mr. King of New York and Chairman
McCaul for working with me to introduce this legislation.
The purpose of my bill is to clarify and enhance the partnership
between the Department of Homeland Security and the National Network of
Fusion Centers. The bill amends the existing statute to update the
Department's responsibilities for sharing information with State and
local law enforcement and other emergency personnel within the National
Network of Fusion Centers.
After the 9/11 terrorist attacks, State and local governments created
fusion centers as a way to communicate Federal homeland security
information to State and local law enforcement officials, as well as
fuse State and locally collected information with Federal intelligence.
Congress supported this partnership by mandating that the Office of
Intelligence and Analysis within the Department of Homeland Security
coordinate and share information with fusion centers. There are now 78
State and locally owned fusion centers across the country.
I would especially like to recognize the work of the Pennsylvania
Criminal Intelligence Center, PaCIC, which is run by the Pennsylvania
State Police. In 2015, our fusion center received the Fusion Center of
the Year Award from the National Fusion Center Association.
I want to congratulate the men and women working at PaCIC for their
commitment to security and public safety. They share vital information
with police departments that keep officers and our citizens safe.
PaCIC provides intelligence and information products to over 1,200
local, State, and Federal criminal justice agencies, while also working
with over 6,000 private and public center partners to also share
information to help protect critical infrastructure and key resources.
Our center has been nationally recognized for their training and
compliance with issues of privacy, civil rights, and civil liberties.
They produce documents that highlight threats and scams that target
Pennsylvanians, and help make sure that local police departments have
information on public events, ranging from the Little League World
Series to the visit of Pope Francis.
A significant amount of progress has been made by States and fusion
centers within the national network to improve information sharing and
analytic support. Many centers, including PaCIC, provide all crime, all
hazard support. They also maintain a focus on our homeland security
missions, including protecting critical information and sharing
suspicious activity reporting.
H.R. 642 recognizes the progress and focuses on enhancing the
Department of Homeland Security's responsibility to support, share
information, and coordinate with fusion centers. This includes
improving coordination with other Federal departments that provide
better operational intelligence, reduce inefficiencies, and coordinate
nationwide suspicious activity reporting.
As a member of the Homeland Security Committee and a former mayor, I
have heard concerns raised by law enforcement in my district and
elsewhere about the lack of information and coordination from several
DHS component agencies, including ICE and CBP. To address this issue, I
included language in this bill to direct the Department to ensure that
each component is providing information and personnel to work with
fusion centers.
To address the need for better accountability, language is included
throughout the bill requiring DHS to coordinate with fusion centers and
State Homeland Security Advisers in carrying out the assigned
responsibilities.
Additionally, there is a requirement for the Department to submit a
report to Congress on their efforts, including the components to
support fusion centers, and specifically report on how they are meeting
the requirements that are set forth in this bill.
I urge my colleagues to support this bipartisan bill so that we can
add important requirements and accountability in how the Department of
Homeland Security interacts and shares information with key State and
local stakeholders.
Mr. THOMPSON of Mississippi. Mr. Speaker, I reserve the balance of my
time.
Mr. KING of New York. Mr. Speaker, I yield 1 minute to the
distinguished gentleman from Kansas (Mr. Marshall).
Mr. MARSHALL. Mr. Speaker, I rise today in support of H.R. 642, the
Fusion Center Enhancement Act.
I spent the last 2 years traveling across the State of Kansas, and
was reminded time and time again that national security is a top-three
issue for my residents.
[[Page H781]]
Why is this?
After years of turmoil and the lack of strong American leadership,
people in Kansas no longer feel safe.
This legislation that my colleague from Pennsylvania has introduced
will ensure that those on the front lines of protecting our Nation's
citizens have access to the critical information they need to evaluate
threats to protect our national security.
Fusion centers conduct analyses and facilitate information sharing,
which are necessary and fundamental actions that assist State and local
law enforcement in preventing and responding to crime and terrorism.
Just this last week I had the opportunity to go back to meet with
staff and visit the Kansas Threat Integration Center in Topeka, Kansas.
I can assure you the work they are doing is vital to our national
security and the citizens of my State. They are leveraging partnerships
with the private sector and focused on protecting our critical
infrastructure.
I encourages my colleagues to support H.R. 642.
Mr. THOMPSON of Mississippi. Mr. Speaker, I yield myself such time as
I may consume.
Mr. Speaker, in closing, I want to express my support for this bill.
I urge passage of H.R. 642, the Fusion Center Enhancement Act of 2017,
which, if enacted, would send the message that Congress values the
investment that States and localities have made to address the
challenges of a post-9/11 world and stand with DHS in supporting the
National Network of Fusion Centers.
Mr. Speaker, I urge passage of H.R. 642.
Mr. Speaker, I yield back the balance of my time.
Mr. KING of New York. Mr. Speaker, I strongly urge support of the
gentleman's bill. I urge my colleagues to vote for H.R. 642 in order to
bolster the information sharing environment within the Department of
Homeland Security and between the Department and State and local
stakeholders.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from New York (Mr. King) that the House suspend the rules and
pass the bill, H.R. 642.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
____________________
