[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 642 Engrossed in House (EH)]
<DOC>
115th CONGRESS
1st Session
H. R. 642
_______________________________________________________________________
AN ACT
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.
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.
``(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 1 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''.
Passed the House of Representatives January 31, 2017.
Attest:
Clerk.
115th CONGRESS
1st Session
H. R. 642
_______________________________________________________________________
AN ACT
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.