Department of Homeland Security Support to Fusion Centers Act of 2015

To require an assessment of fusion center personnel needs, and for other purposes. 1. Short title This Act may be cited as the Department of Homeland Security Support to Fusion Centers Act of 2015 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 (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. 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 (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. 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. 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. 6. Definitions In this Act: (1) Fusion center The term fusion center 6 U.S.C. 124h (2) National Network of Fusion Centers The term National Network of Fusion Centers November 2, 2015 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed

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.