DHS FIELD ENGAGEMENT ACCOUNTABILITY ACT; Congressional Record Vol. 166, No. 27
(House of Representatives - February 10, 2020)

Text available as:

Formatting necessary for an accurate reading of this text may be shown by tags (e.g., <DELETED> or <BOLD>) or may be missing from this TXT display. For complete and accurate display of this text, see the PDF.


[Pages H988-H990]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                DHS FIELD ENGAGEMENT ACCOUNTABILITY ACT

  Ms. TORRES SMALL of New Mexico. Mr. Speaker, I move to suspend the 
rules and concur in the Senate amendment to the bill (H.R. 504) to 
amend the Homeland Security Act of 2002 to require the Department of 
Homeland Security to develop an engagement strategy with fusion 
centers, and for other purposes.
  The Clerk read the title of the bill.
  The text of the Senate amendment is as follows:
  Senate amendment:

       Strike out all after the enacting clause and insert:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``DHS Field Engagement 
     Accountability Act''.

     SEC. 2. ENGAGEMENT STRATEGY WITH FUSION CENTERS.

       Section 210A of the Homeland Security Act of 2002 (6 U.S.C. 
     124h) is amended by--
       (1) redesignating subsections (j) and (k) as subsections 
     (k) and (l), respectively; and
       (2) inserting after subsection (i) the following:
       ``(j) Fusion Center Information Sharing Strategy.--Not 
     later than 1 year after the date of the enactment of the DHS 
     Field Engagement Accountability Act, and not less frequently 
     than once every 5 years thereafter, the Secretary shall 
     develop or update a strategy for Department engagement with 
     fusion centers. Such strategy shall be developed and updated 
     in consultation with the heads of intelligence components of 
     the Department, the Chief Privacy Officer, the Officer for 
     Civil Rights and Civil Liberties, officials of fusion 
     centers, officers designated as Homeland Security Advisors, 
     and the heads of other relevant agencies, as appropriate. 
     Such strategy shall include the following:
       ``(1) Specific goals and objectives for sharing information 
     and engaging with fusion centers--
       ``(A) through the direct deployment of personnel from 
     intelligence components of the Department;
       ``(B) through the use of Department unclassified and 
     classified information sharing systems, including the 
     Homeland Security Information Network and the Homeland Secure 
     Data Network, or any successor systems; and
       ``(C) through any additional means.
       ``(2) The performance metrics to be used to measure success 
     in achieving the goals and objectives referred to in 
     paragraph (1).
       ``(3) A 5-year plan for continued engagement with fusion 
     centers.''.

     SEC. 3. OFFICE OF INTELLIGENCE AND ANALYSIS FIELD PERSONNEL 
                   SUPPORT TO FUSION CENTERS.

       (a) Performance Metrics.--Not later than 180 days after the 
     date of the enactment of this Act, the Under Secretary for 
     Intelligence and Analysis shall--
       (1) consider the effectiveness of existing processes to 
     identify and prepare field personnel for deployment to 
     support fusion centers and internal mechanisms to ensure 
     oversight and accountability of such field personnel, 
     including field personnel assigned to one center and field 
     personnel assigned to multiple centers; and
       (2) publish and disseminate performance metrics, taking 
     into account, as appropriate, regional and threat diversity, 
     for--
       (A) field personnel from the Office of Intelligence and 
     Analysis assigned to an individual fusion center;
       (B) field personnel from the Office of Intelligence and 
     Analysis assigned to multiple fusion centers; and
       (C) Regional Directors of the Office of Intelligence and 
     Analysis to ensure accountability for monitoring all field 
     personnel under the supervision of such Regional Directors.
       (b) Training.--In consultation with the Chief Information 
     Officer, the Under Secretary for Intelligence and Analysis 
     shall develop and implement a formalized training module for 
     fusion center personnel regarding the classified Homeland 
     Secure Data Network, or any successor system.
       (c) Fusion Center Defined.--In this section, the term 
     ``fusion center'' has the meaning given such term in section 
     210A(k) of the Homeland Security Act of 2002, as so 
     redesignated by section 2.

     SEC. 4. DHS COMPONENT USAGE OF THE HOMELAND SECURITY 
                   INFORMATION NETWORK.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the

[[Page H989]]

     Chief Information Officer, in consultation with the Under 
     Secretary for Intelligence and Analysis, and in accordance 
     with the functions and responsibilities assigned to the Under 
     Secretary under title II of the Homeland Security Act of 2002 
     (6 U.S.C. 121 et seq.), shall--
       (1) develop policies and metrics to ensure effective use by 
     components of the Department of the unclassified Homeland 
     Security Information Network (referred to in this section as 
     ``HSIN''), or any successor system; and
       (2) develop policies for posting unclassified products on 
     HSIN, or any successor system.
       (b) Technical Enhancements.--The Chief Information Officer, 
     in consultation with the Chief Intelligence Officer, shall 
     assess and implement, as appropriate, technical enhancements 
     to HSIN to improve usability, including search functionality, 
     data analysis, and collaboration capabilities.

     SEC. 5. REPORT.

       Not later than 18 months after the date of the enactment of 
     this Act, the Secretary of Homeland Security shall submit a 
     report to the Committee on Homeland Security and Governmental 
     Affairs of the Senate, the Select Committee on Intelligence 
     of the Senate, the Committee on Homeland Security of the 
     House of Representatives, and the Permanent Select Committee 
     on Intelligence of the House of Representatives that 
     describes the implementation of--
       (1) the fusion center information sharing strategy required 
     under section 210A(j) of the Homeland Security Act of 2002, 
     as added by section 2, based on performance metrics developed 
     pursuant to such strategy;
       (2) the deployment of field personnel to fusion centers (as 
     such term is defined in section 210A of the Homeland Security 
     Act of 2002 (6 U.S.C. 124h)), in accordance with section 3, 
     based on performance metrics developed pursuant to such 
     section; and
       (3) policies that seek to ensure the effective use of the 
     Homeland Security Information Network, in accordance with 
     section 4, based on the metrics developed pursuant to such 
     section.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
New Mexico (Ms. Torres Small) and the gentleman from Texas (Mr. 
Crenshaw) each will control 20 minutes.
  The Chair recognizes the gentlewoman from New Mexico.


                             General Leave

  Ms. TORRES SMALL of New Mexico. Mr. Speaker, I ask unanimous consent 
that all Members may have 5 legislative days to revise and extend their 
remarks and to include extraneous material on this measure.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from New Mexico?
  There was no objection.
  Ms. TORRES SMALL of New Mexico. Mr. Speaker, I yield myself such time 
as I may consume.
  Mr. Speaker, I thank my colleague on the other side of the aisle, Mr. 
Bacon, for his leadership on the DHS Field Engagement Accountability 
Act.
  This bill was passed by the House of Representatives last January on 
a voice vote. It was also passed unanimously by the Senate in July 
after technical edits to the bill text.
  The bill returns to the House floor today for us to consider the 
bill, as amended by the Senate, and send it to the President.
  Mr. Speaker, I urge my colleagues to support this bill, once again.
  In the face of an evolving and increasingly complex threat landscape, 
it is critically important to ensure that there is collaboration and 
information sharing.
  The Department of Homeland Security's 79 fusion centers, located 
across the country, help to connect the dots about possible terrorist 
plots, including domestic terrorist plots.
  A 2016 review found that DHS does not have a strategic engagement 
plan for these 79 fusion centers.
  H.R. 504 will help address this gap by requiring DHS to develop a 
Department-wide strategy for engaging with fusion centers. This 
includes the development of metrics that will help hold fusion center 
staff accountable for their performance.
  This legislation also requires DHS to improve the classified and 
unclassified information-sharing systems that are used by fusion 
centers to ensure that information is shared properly and in accordance 
with Department standards.
  In part, H.R. 504 would require that all information-sharing policies 
are developed and maintained by the Department's privacy, civil rights, 
and civil liberties officers.
  Over the past year, as communities across the country suffered from 
acts of targeted violence and terrorism, we have been reminded of the 
importance of information sharing.
  Mr. Speaker, I urge my colleagues to support this legislation, and I 
reserve the balance of my time.
  Mr. CRENSHAW. Mr. Speaker, I yield myself such time as I may consume.
  I rise in support of H.R. 504, the DHS Field Engagement 
Accountability Act.
  This legislation was introduced by my friend and colleague from 
Nebraska, Representative   Don Bacon. I applaud Congressman Bacon's 
initiative in sponsoring H.R. 504, which requires the Department of 
Homeland Security to:
  Develop an engagement strategy for the national network of fusion 
centers;
  Performance metrics for DHS personnel deployed to support State and 
local fusion centers; and,
  Training for fusion center personnel in the use of available DHS 
information-sharing systems.
  Additionally, the bill ensures that DHS component agencies are 
sharing appropriate information, through secure channels, with fusion 
center personnel.
  Representing a border State, I want to ensure that DHS agencies, 
including Customs and Border Protection and Immigration and Customs 
Enforcement, have relevant criminal or terrorism information that is 
accessible to appropriate fusion center personnel. This will enhance 
coordination and situational awareness throughout the homeland.
  This bill has already passed the House of Representatives and was 
passed in the Senate with minor amendments. Passage of the bill today 
will send H.R. 504 to the President's desk.
  Mr. Speaker, I urge my colleagues to again support this legislation, 
and I reserve the balance of my time.
  Ms. TORRES SMALL of New Mexico. Mr. Speaker, I reserve the balance of 
my time.
  Mr. CRENSHAW. Mr. Speaker, I yield 5 minutes to the gentleman from 
Nebraska (Mr. Bacon).
  Mr. BACON. Mr. Speaker, I thank my colleagues and friends from New 
Mexico and Texas for their leadership today and guidance to the floor.
  I rise in support of H.R. 504, the DHS Field Engagement 
Accountability Act, which will improve the management, integration, 
transparency, and overall mission performance of the 79 State and local 
fusion centers across our country.
  Creating a robust and mature information-sharing relationship between 
the Department of Homeland Security and State and local law enforcement 
is vital for our Homeland Security.
  Since the September 11, 2001, attacks, State and local fusion centers 
have become key stakeholders in the homeland security of our country, 
and it is an important mission. Yet, despite their importance, the 
Government Accountability Office has observed that a lack of 
standardization in manpower, data systems, and training has hurt their 
effectiveness.
  H.R. 504 is focused on setting the conditions to better allow our 
fusion centers to accomplish the mission for which they were created 
and funded.
  My home State fusion center, the Nebraska Information Analysis 
Center, or NIAC, is the information exchange gateway for State, local, 
and Federal authorities serving all of the 93 counties in Nebraska.
  NIAC collects, analyzes, and shares information on crime and 
terrorism with Federal, State, local, and Tribal law enforcement 
organizations and with other public and private entities as 
appropriate.

  Recently, the NIAC was called upon to collect and analyze reports of 
suspicious drone activity in western Nebraska, for example.
  Our Nation's fusion centers have a rapidly expanding range of 
missions that protect our citizens, and the Department of Homeland 
Security has a legal obligation to coordinate with and assist these 
State and local centers. So my legislation requires DHS to develop an 
engagement strategy to coordinate information sharing, technology, and 
personnel resources with these fusion centers.
  Additionally, this bill requires DHS to develop clear and robust 
performance metrics for Federal personnel assigned to these centers. 
This will help both the headquarters and fusion center directors 
improve the effectiveness, while ensuring oversight and accountability.
  In addition to personnel, DHS also provides fusion centers with 
access to classified and sensitive information.

[[Page H990]]

  H.R. 504 calls for improvements in training and technology to support 
this vital information exchange, including the requirement that DHS 
share intelligence products with fusion centers when appropriate.
  Over the years, Congress has seen a vast improvement in DHS's support 
for these key stakeholders, including the NIAC. These improvements are 
vital to DHS sharing timely and relevant information with relevant 
stakeholders on the front lines of a constantly evolving threat 
landscape.
  This bill will help those on the front lines defend against those who 
threaten or attack our way of life.
  Mr. Speaker, I thank Chairman Thompson and Ranking Member Rogers for 
bringing this bill to the floor. I also thank Chairman Johnson and 
Ranking Member Peters in the Senate for moving this bill through the 
Senate.
  This is a commonsense measure, and with another strong showing of 
bipartisan support from the House. I look forward to the bill quickly 
becoming law.
  Mr. Speaker, I urge my colleagues to support H.R. 504.
  Ms. TORRES SMALL of New Mexico. Mr. Speaker, I have no more speakers 
and am prepared to close after the gentleman from Texas closes.
  Mr. Speaker, I reserve the balance of my time.
  Mr. CRENSHAW. Mr. Speaker, I, again, want to thank Representative 
Bacon for his work on this legislation, as well as Chairman Thompson, 
Ranking Member Rogers, Senator Johnson, and Senator Peters for moving 
this bill through the House and Senate committees.
  The sharing of counterterrorism and other homeland security 
information with State and local officials is vital in our efforts to 
protect the homeland. I am proud that we are able to support further 
enhancing these efforts in a bipartisan manner today.
  Mr. Speaker, I urge a ``yes'' vote, and I yield back the balance of 
my time.
  Ms. TORRES SMALL of New Mexico. Mr. Speaker, H.R. 504 passed the 
House on voice vote last Friday and passed the Senate on voice vote in 
July after technical edits were incorporated into the text.
  Mr. Speaker, I urge my colleagues to support this bill again so that 
it can be sent to the White House for the President's signature.
  Mr. Speaker, I yield back the balance of my time.

                              {time}  1615

  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from New Mexico (Ms. Torres Small) that the House suspend 
the rules and concur in the Senate amendment to the bill, H.R. 504.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the Senate amendment was concurred in.
  A motion to reconsider was laid on the table.

                          ____________________