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[House Report 114-322]
[From the U.S. Government Publishing Office]

114th Congress }                                           { Report
                        HOUSE OF REPRESENTATIVES
 1st Session   }                                           { 114-322

======================================================================
 
              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]
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