Department of Homeland Security Support to Fusion Centers Act of 2015

Summary: Department of Homeland Security Support to Fusion Centers Act of 2015 (Sec. 2) This bill directs the Comptroller General to conduct an assessment of Department of Homeland Security (DHS) personnel assigned to fusion centers established under the Homeland Security Act of 2002. (A fusion center serves as a focal point within the state and local environment for the receipt, analysis, gathering, and sharing of threat-related information between the federal government and state, local, tribal, territorial, and private sector partners.) The assessment must include information on:   the current deployment of such personnel to each fusion center; the roles and responsibilities of DHS's Office of Intelligence and Analysis intelligence officers and analysts, reports officers, and regional directors deployed to such centers;   federal resources, in addition to personnel, provided to each center; an analysis of the optimal number of personnel the Office of Intelligence and Analysis should deploy to such centers, including a cost-benefit analysis comparing deployed personnel with technological solutions to support information sharing; fusion centers located in jurisdictions along land and maritime borders of the United States and the degree to which deploying personnel from the U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, and the Coast Guard to such centers would enhance the integrity and security at such borders; and  fusion centers located in jurisdictions with large and medium hub airports and the degree to which deploying personnel from the Transportation Security Administration to such centers would enhance aviation security.  (Sec. 3) The bill expresses the sense of Congress that any program established by DHS's Under Secretary for Intelligence and Analysis to provide eligibility for access to information classified as Top Secret for state and local analysts located in fusion centers shall be consistent with the need-to-know requirements pursuant to Executive Order No. 13526. The Under Secretary must submit to specified congressional committees a report on:  the process by which the Under Secretary determines a need to know to sponsor Top Secret clearances for appropriate state and local analysts located in fusion centers; the effects of such Top Secret clearances on enhancing information sharing with state, local, tribal, and territorial partners; the cost for providing such Top Secret clearances for such analysts, including training and background investigations; and the operational security protocols, training, management, and risks associated with providing such Top Secret clearances.  (Sec. 4) The Under Secretary, in collaboration with the Chief Information Officer of DHS and representatives from the National Network of Fusion Centers, shall conduct an assessment of information systems used to share homeland security information between DHS and fusion centers in the Network and make appropriate upgrades to such systems. Such assessment shall include:  an evaluation of the accessibility and ease of use of such systems by Network fusion centers; a review to determine how to establish improved interoperability of departmental information systems with existing information systems used by Network fusion centers; and an evaluation of participation levels of departmental components and offices of information systems used to share homeland security information with Network fusion centers.  (Sec. 5) The Under Secretary shall enter into a memorandum of understanding with each Network fusion centers regarding the type of information fusion centers will provide to DHS and whether such information may be subject to public disclosure.

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.

    Not later than 120 days after the date of the enactment of this 
Act, the Comptroller General of the United States shall conduct an 
assessment of Department of Homeland Security 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 
        Department's 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 analysis of the optimal number of personnel the 
        Office of Intelligence and Analysis should deploy to fusion 
        centers, including a cost-benefit analysis comparing deployed 
        personnel with technological solutions to support information 
        sharing.
            (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.

SEC. 3. PROGRAM FOR STATE AND LOCAL ANALYST CLEARANCES.

    (a) Sense of Congress.--It is the sense of Congress that any 
program established by the Under Secretary for Intelligence and 
Analysis of the Department of Homeland Security to provide eligibility 
for access to information classified as Top Secret for State and local 
analysts located in fusion centers shall be consistent with the need to 
know requirements pursuant to Executive Order No. 13526 (50 U.S.C. 3161 
note).
    (b) Report.--Not later than 2 years after the date of the enactment 
of this Act, the Under Secretary of Intelligence and Analysis of the 
Department of Homeland Security, in consultation with the Director of 
National Intelligence, shall submit 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 a report on the following:
            (1) The process by which the Under Secretary of 
        Intelligence and Analysis determines a need to know pursuant to 
        Executive Order No. 13526 to sponsor Top Secret clearances for 
        appropriate State and local analysts located in fusion centers.
            (2) The effects of such Top Secret clearances on enhancing 
        information sharing with State, local, tribal, and territorial 
        partners.
            (3) The cost for providing such Top Secret clearances for 
        State and local analysts located in fusion centers, including 
        training and background investigations.
            (4) The operational security protocols, training, 
        management, and risks associated with providing such Top Secret 
        clearances for State and local analysts located in fusion 
        centers.

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 1 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.

            Passed the House of Representatives November 2, 2015.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.