[House Report 114-322]
[From the U.S. Government Publishing Office]
114th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 114-322
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DEPARTMENT OF HOMELAND SECURITY SUPPORT TO
FUSION CENTERS 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. 3503]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security, to whom was referred
the bill (H.R. 3503) to require an assessment of fusion center
personnel needs, 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.............................................. 3
Background and Need for Legislation.............................. 3
Hearings......................................................... 4
Committee Consideration.......................................... 4
Committee Votes.................................................. 5
Committee Oversight Findings..................................... 5
New Budget Authority, Entitlement Authority, and Tax Expenditures 5
Congressional Budget Office Estimate............................. 5
Statement of General Performance Goals and Objectives............ 6
Duplicative Federal Programs..................................... 6
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 6
Federal Mandates Statement....................................... 6
Preemption Clarification......................................... 7
Disclosure of Directed Rule Makings.............................. 7
Advisory Committee Statement..................................... 7
Applicability to Legislative Branch.............................. 7
Section-by-Section Analysis of the Legislation................... 7
Changes in Existing Law Made by the Bill, as Reported............ 9
Committee Correspondence......................................... 10
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 ``Department of Homeland Security
Support to Fusion Centers Act of 2015''.
SEC. 2. FUSION CENTER PERSONNEL NEEDS ASSESSMENT.
(a) In General.--Not later than 120 days after the date of the
enactment of this Act, the Under Secretary of Intelligence and Analysis
of the Department of Homeland Security, in coordination with the
appropriate components and offices of the Department and the Homeland
Security Advisors of the States, shall, in consultation with the
principal officials of the fusion centers in the National Network of
Fusion Centers, conduct a needs assessment of Department personnel
assigned to fusion centers pursuant to subsection (c) of section 210A
of the Homeland Security Act of 2002 (6 U.S.C. 124h), including an
assessment of whether deploying additional Department personnel to such
fusion centers would enhance the Department's mission under section
101(b) of such Act and the National Network of Fusion Centers. The
assessment required under this subsection shall include the following:
(1) Information on the current deployment of the Department's
personnel to each fusion center.
(2) Information on the roles and responsibilities of the
Office of Intelligence and Analysis' intelligence officers,
intelligence analysts, senior reports officers, reports
officers, and regional directors deployed to fusion centers.
(3) Information on Federal resources, in addition to
personnel, provided to each fusion center.
(4) An assessment of whether deploying additional personnel,
as described in paragraph (2), would enhance intelligence and
information sharing between the Department and Federal, State,
local, tribal, and territorial partners.
(5) An assessment of fusion centers located in jurisdictions
along land and maritime borders of the United States, and the
degree to which deploying personnel, as appropriate, from the
U.S. Customs and Border Protection, U.S. Immigration and
Customs Enforcement, and the Coast Guard to such fusion centers
would enhance the integrity and security at such borders by
helping Federal, State, local, and tribal law enforcement
authorities to identify, investigate, and interdict persons,
weapons, and related contraband that pose a threat to homeland
security.
(6) An assessment of fusion centers located in jurisdictions
with large and medium hub airports, and the degree to which
deploying, as appropriate, personnel from the Transportation
Security Administration to such fusion centers would enhance
the integrity and security of aviation security.
(b) Report.--Not later than 60 days after the completion of the
assessment required under subsection (a), the Under Secretary of
Intelligence and Analysis of the Department of Homeland Security, in
coordination with the appropriate components and offices of the
Department of Homeland Security shall submit to the Committee on
Homeland Security of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate such
assessment, together with a report on the following:
(1) The number of personnel assigned to fusion centers from
the Office of Intelligence and Analysis of the Department of
Homeland Security, including a breakdown of the types of
positions assigned and the methodology for determining the
fusion centers to which such personnel are assigned.
(2) The number of personnel assigned to the National Network
of Fusion Centers from components and offices of the Department
of Homeland Security and the methodology for determining the
fusion centers to which such personnel are assigned.
(3) An implementation plan for determining how the
Department's personnel resources will be allocated to fusion
centers in the future.
SEC. 3. PROGRAM FOR STATE AND LOCAL ANALYST CLEARANCES.
(a) In General.--The Under Secretary of Intelligence and Analysis of
the Department of Homeland Security, in collaboration with the Chief
Security Officer of the Department, shall establish a program to
provide eligibility for access to information classified as Top Secret
pursuant to Executive Order 13526 (50 U.S.C. 3161 note) for State and
local analysts located in fusion centers.
(b) Report.--Not later than two years after the establishment of the
program required under subsection (a), the Under Secretary of
Intelligence and Analysis of the Department of Homeland Security shall
submit to the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs of the Senate a report on the following:
(1) The effects of such program on the Department's ability
to sponsor such Top Secret clearances for State and local
analysts located in designated fusion centers.
(2) The effects of such program on enhancing information
sharing with State, local, tribal, and territorial partners.
(3) The cost for providing additional training and providing
such Top Secret clearances for State and local analysts.
(4) The effect of such program on increasing the situational
awareness of key stakeholders of the fusion centers, including
Federal, State, local, tribal, and territorial law enforcement
and emergency response providers.
SEC. 4. INFORMATION TECHNOLOGY ASSESSMENT.
The Under Secretary of Intelligence and Analysis of the Department of
Homeland Security, in collaboration with the Chief Information Officer
of the Department and representatives from the National Network of
Fusion Centers, shall conduct an assessment of information systems (as
such term is defined in section 3502 of title 44, United States Code)
used to share homeland security information between the Department and
fusion centers in the National Network of Fusion Centers and make
upgrades to such systems, as appropriate. Such assessment shall include
the following:
(1) An evaluation of the accessibility and ease of use of
such systems by fusion centers in the National Network of
Fusion Centers.
(2) A review to determine how to establish improved
interoperability of departmental information systems with
existing information systems used by fusion centers in the
National Network of Fusion Centers.
(3) An evaluation of participation levels of departmental
components and offices of information systems used to share
homeland security information with fusion centers in the
National Network of Fusion Centers.
SEC. 5. MEMORANDUM OF UNDERSTANDING.
Not later than one year after the date of the enactment of this Act,
the Under Secretary of Intelligence and Analysis of the Department of
Homeland Security shall enter into a memorandum of understanding with
each fusion center in the National Network of Fusion Centers regarding
the type of information fusion centers will provide to the Department
and whether such information may be subject to public disclosure.
SEC. 6. DEFINITIONS.
In this Act:
(1) Fusion center.--The term ``fusion center'' has the
meaning given such term in subsection (j) of section 210A of
the Homeland Security Act of 2002 (6 U.S.C. 124h).
(2) National network of fusion centers.--The term ``National
Network of Fusion Centers'' means a decentralized arrangement
of fusion centers intended to enhance individual State and
urban area fusion centers' ability to leverage the capabilities
and expertise of all such fusion centers for the purpose of
enhancing analysis and homeland security information sharing
nationally.
PURPOSE AND SUMMARY
The purpose of H.R. 3503 is to require an assessment of
Department of Homeland Security (DHS) employees, including
those from the components, and to assess whether additional
personnel should be detailed to fusion centers. Additionally,
the bill requires the Office of Intelligence and Analysis (I&A)
to establish a program to sponsor Top Secret/Sensitive
Compartmentalized Information (TS/SCI) clearances for
appropriate State and local analysts at fusion centers and
report on whether a higher clearance level improves threat
awareness and information sharing
BACKGROUND AND NEED FOR LEGISLATION
After the September 11, 2001 terrorist attacks, State and
local governments established fusion centers as a way to
improve coordination, disseminate Federal intelligence and
homeland security information to State and local law
enforcement officials, and fuse State and locally collected
information with Federal Government intelligence information.
There are 78 centers across the country and they have
established the National Network of Fusion Centers to enhance
information sharing and coordination between the individual
centers.\1\ In testimony before the Committee, as well as
through numerous briefings and site visits, fusion center
personnel have noted that increasing access to information and
expertise from other parts of the Department, such as Customs
and Border Protection, Immigration and Customs Enforcement, and
the Transportation Security Administration would improve the
National Network's ability to detect and prevent potential
terrorist attacks and other emergencies.
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\1\Committee on Homeland Security Majority Staff Report, ``The
National Network of Fusion Centers,'' July 2013. (Accessed at: http://
homeland.house.gov/sites/homeland.house.gov/files/documents/
CHS%20SLFC%20Report%202013%20FINAL.pdf)
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During a Subcommittee on Counterterrorism and Intelligence
hearing on February 26, 2015, Members heard from witnesses
about the need for some State and local analysts and officials
to have higher security clearance levels, particularly TS//SCI
clearances. The witnesses noted that in order to continue
breaking down stovepipes and increasing information sharing
between Federal, State, and local law enforcement officials,
State and local analysts should have Top Secret clearances in
order to understand the entire threat picture and communicate
with Federal personnel about the threat and terrorism
investigations.
This legislation addresses these concerns. Additionally,
the legislation enhances the partnership between the Department
of Homeland Security and the National Network of Fusion Centers
by requiring the Under Secretary of Intelligence and Analysis
to asses the Department's information systems used to share
information with fusion centers and sign a memorandum of
understanding with each fusion center on what information will
be collected and whether such information may be subject to
public disclosure.
HEARINGS
The Committee did not hold any hearing specifically on H.R.
3503; 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.
3503, 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 en bloc amendment offered by Mr. Loudermilk (#1); was
AGREED TO by voice vote.
Consisting of the following amendments:
Page 6, beginning line 3, insert a new section entitled ``Sec. 4.
Information Technology Assessment.''
Page 6, beginning line 3, insert a new section entitled ``Sec. 4.
Memorandum of Understanding.''
The Subcommittee on Counterterrorism and Intelligence met
on September 17, 2015, to consider H.R. 3503 and reported the
measure to the Full Committee with a favorable recommendation,
without amendment, by voice vote.
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. 3503.
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.
3503, the Department of Homeland Security Support to Fusion
Centers 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. 3503, the
Department of Homeland Security Support to Fusion Centers 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. 3503--Department of Homeland Security Support to Fusion Centers
Act of 2015
H.R. 3503 would direct the Department of Homeland Security
(DHS) to evaluate the effectiveness of information systems and
the deployment of department personnel at fusion centers, which
are supported by DHS and facilitate information sharing among
federal, state, and local authorities. The bill also would
require the department to establish a program to provide access
to certain classified information for state and local personnel
at fusion centers. Based on information from DHS, CBO estimates
that implementing H.R. 3503 would cost about $1 million in
fiscal year 2016, assuming appropriation of the necessary
amounts.
Because enacting the legislation would not affect direct
spending or revenues, pay-as-you-go procedures do not apply.
CBO estimates that enacting H.R. 3503 would not increase
net direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2026.
H.R. 3503 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. 3503 contains the following
general performance goals and objectives, including outcome
related goals and objectives authorized.
The goal of H.R. 3503 is to assess the Department of
Homeland Security's personnel detailed to fusion centers,
establish a program to provide Top Secret clearances to State
and local analysts at fusion centers, as appropriate, assess
current information systems being used to share information
with fusion centers, and have the Department sign a memorandum
of understanding with each fusion center on what fusion center
information should be provided to the Department.
Additionally, the Under Secretary of Intelligence and
Analysis at the Department shall submit a report to Congress on
whether increasing personnel detailed to fusion centers,
upgrading information systems, and providing higher clearances
will enhance threat and intelligence information sharing.
DUPLICATIVE FEDERAL PROGRAMS
Pursuant to clause 3(c) of rule XIII, the Committee finds
that H.R. 3503 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. 3503 does
not preempt any State, local, or Tribal law.
DISCLOSURE OF DIRECTED RULE MAKINGS
The Committee estimates that H.R. 3503 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 the bill may be cited as the
``Department of Homeland Security Support to Fusion Centers Act
of 2015''.
Sec. 2. Fusion Center personnel needs assessment
This section requires the Under Secretary of I&A to conduct
an assessment of Departmental personnel detailed to fusion
centers across the nation and whether deploying additional
Departmental personnel will enhance homeland security
information sharing between Federal, State, and local
departments and agencies. The assessment will look particularly
at personnel from the Office of Intelligence and Analysis, U.S.
Customs and Border Protection, U.S. Immigration and Customs
Enforcement, U.S. Coast Guard, and the Transportation Security
Administration.
Additionally, this section requires the Under Secretary to
submit a report to Congress on the current number of
Departmental personnel detailed to fusion centers and an
implementation plan on how personnel will be allocated to
fusion centers in the future.
The Committee has consistently heard from fusion center
stakeholders, as well as other State and local personnel, about
the importance of increasing Departmental presence at fusion
centers, both in terms of personnel and access to information.
While I&A is the primary agency interfacing with fusion
centers, other DHS agencies have information and
responsibilities that could be beneficial to State and local
agencies.
This section is consistent with existing requirements in
the Homeland Security Act, particularly Section 210A (c), which
requires I&A to assign personnel to fusion centers, including
from component agencies.
Sec. 3. Program for State and local analyst clearances
This section requires the Under Secretary of I&A, in
collaboration with the Chief Security Officer, to establish a
program to provide Top Secret clearances to State and local
analysts in fusion centers as appropriate. This section
requires the Under Secretary to submit a report to Congress,
two years after the establishment of the program, on (1) the
effectiveness of granting higher clearance levels to State and
local officials to improve information sharing and situational
awareness and (2) the costs for issuing and administering
clearances, and the associated training programs.
During a Counterterrorism and Intelligence Subcommittee
hearing on February 26, 2015, witnesses stressed that providing
appropriate State and local analysts and officials within
fusion centers with TS//SCI clearances would significantly
improve homeland security information sharing and operational
decision-making by State and local authorities.
The authorization of the clearance program in the
underlying bill supports on-going efforts at the Department. On
June 25, 2015, Under Secretary of I&A Frances X. Taylor
notified fusion centers that I&A would sponsor appropriate
State, local, tribal, and territorial partners (SLTTP) for TS//
SCI clearances ``on a case by case basis when the individual to
whom the clearance will be granted has demonstrated active and
continuing participation in . . . a DHS sponsored board,
committee, working group, task force, operations center or
other entity where the integration of SLTTP personnel is
essential or the individual has a particular expertise or role
where there is a demonstrated and foreseeable need for access
to Top Secret information.''\2\
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\2\Email from Francis X. Taylor to the Fusion Center Directors and
others entitled, ``Update from Under Secretary Taylor, Security
Clearance Nominations,'' sent on June 25, 2015 and forwarded to
Committee staff on August 28, 2015 from the Office of Congressional
Affairs.
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The Committee expects that fusion centers will continue to
focus their reports and briefings on reaching the largest
number of State, local and private sector stakeholders. It is
important that the information being developed and written in
fusion centers provide the critical information that local
first responders require at the For Official Use Only (FOUO)
level whenever possible. This will ensure a wide distribution
of important information without compromising classified
information.
Sec. 4. Information technology assessment
This section requires the Under Secretary of I&A, in
collaboration with the Chief Information Officer and
representatives from the National Network of Fusion Centers, to
conduct an assessment of information systems used to share
homeland security information between the Department and fusion
centers. The assessment shall include an evaluation of the
accessibility and ease of use, a review of how departmental
information systems connect with existing systems in the fusion
centers, and an evaluation of participation levels of
departmental components and offices using information systems
to share information with fusion centers.
The primary system currently being used for this process is
the Homeland Security Information Network or HSIN. A
significant amount of progress has been made to develop and
improve this tool, which is used to share sensitive but
unclassified information. However, the Committee is concerned
that the system is not as user friendly as it needs to be, that
there is a lack of connectivity between HSIN and other
information systems used by State and local entities, and that
there is a lack of participation by DHS component agencies.
Sec. 5. Memorandum of Understanding
This section requires the Under Secretary of I&A, not later
than one year after the date of enactment of this Act, to enter
into a memorandum of understanding with each fusion center in
the National Network of Fusion Centers regarding the type of
information fusion centers will provide to the Department and
if such information may be subject to public disclosure.
The Committee is concerned about an ongoing challenge
between DHS and the fusion centers regarding public disclosure
of certain information provided by fusion centers. Annually,
fusion centers provide the Department with important data
regarding each center's progress, threat focus areas, and
remaining vulnerabilities. When requesting this information,
the Department, through I&A, assured fusion centers that the
data would not be publicly disclosed. However, there are
concerns that this assurance was incorrect and DHS will have to
publicly release the information.
Transparency is an essential element of our government. The
problem in this case is that the Department unintentionally
misled State and local governments and fusion centers resulting
in a serious breach of trust. This issue has the potential to
bleed into other areas and create a negative atmosphere for
sharing information.
We are facing an unprecedented threat picture in the
Homeland related to foreign fighters and homegrown radicals
inspired by ISIS. We cannot allow miscommunication and
uncertainty between DHS and fusion centers to hamper
information sharing.
The purpose of this section is to ensure that both DHS and
the fusion centers are aware of what information could be
disclosed. This will ensure that both sides are informed and
can take appropriate steps, consistent with the Freedom of
Information Act, to exempt certain information if deemed
necessary.
Sec. 6. Definitions
This section includes definitions for ``fusion centers''
and the ``National Network of Fusion Centers.''
CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
As reported, H.R. 3503 makes no changes to existing law.
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.
House of Representatives,
Committee on Homeland Security,
Washington, DC, October 29, 2015.
Hon. Devin Nunes,
Chairman, Permanent Select Committee on Intelligence,
Washington, DC.
Dear Chairman Nunes: Thank you for your letter regarding
H.R. 3503, the ``Department of Homeland Security Support to
Fusion Centers Act of 2015,'' and H.R. 3598, the ``Fusion
Center Enhancement Act of 2015.''
I appreciate your support in bringing both of these
measures before the House of Representatives, and accordingly,
understand that the Permanent Select Committee on Intelligence
will not seek a sequential referral on either bill. I
acknowledge that by foregoing a sequential referral on these
two pieces of legislation, your Committee is not diminishing or
altering its jurisdiction with respect to any future
jurisdictional claim over the subject matters contained in
these bills or any similar legislation. Additionally, should a
conference on either bill be necessary, I would support your
request to have the Permanent Select Committee represented on
the conference committee.
I will include copies of this exchange in the reports for
H.R. 3503 and H.R. 3598 and in the Congressional Record during
consideration of these bills on the House floor. I thank you
for your cooperation in this matter.
Sincerely,
Michael T. McCaul,
Chairman,
Committee on Homeland Security.
[all]