[Senate Report 115-355]
[From the U.S. Government Publishing Office]
Calendar No. 642
115th Congress } { Report
SENATE
2d Session } { 115-355
_______________________________________________________________________
DHS FIELD ENGAGEMENT ACCOUNTABILITY ACT
__________
R E P O R T
of the
COMMITTEE ON HOMELAND SECURITY AND
GOVERNMENTAL AFFAIRS
UNITED STATES SENATE
to accompany
H.R. 5079
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
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
November 13, 2018.--Ordered to be printed
_________
U.S. GOVERNMENT PUBLISHING OFFICE
WASHINGTON : 2018
COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
RON JOHNSON, Wisconsin, Chairman
JOHN McCAIN, Arizona CLAIRE McCASKILL, Missouri
ROB PORTMAN, Ohio THOMAS R. CARPER, Delaware
RAND PAUL, Kentucky HEIDI HEITKAMP, North Dakota
JAMES LANKFORD, Oklahoma GARY C. PETERS, Michigan
MICHAEL B. ENZI, Wyoming MAGGIE HASSAN, New Hampshire
JOHN HOEVEN, North Dakota KAMALA D. HARRIS, California
STEVE DAINES, Montana DOUG JONES, Alabama
Christopher R. Hixon, Staff Director
Gabrielle D'Adamo Singer, Chief Counsel
Michael J. Lueptow, Chief Counsel for Homeland Security
Margaret E. Daum, Minority Staff Director
Charles A. Moskowitz, Minority Senior Legislative Counsel
Subhasri Ramanathan, Minority Counsel
Laura W. Kilbride, Chief Clerk
Calendar No. 642
115th Congress } { Report
SENATE
2d Session } { 115-355
======================================================================
DHS FIELD ENGAGEMENT ACCOUNTABILITY ACT
_______
November 13, 2018.--Ordered to be printed
_______
Mr. Johnson, from the Committee on Homeland Security and Governmental
Affairs, submitted the following
R E P O R T
[To accompany H.R. 5079]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security and Governmental
Affairs, to which was referred the bill (H.R. 5079) 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, having considered the same,
reports favorably thereon with an amendment (in the nature of a
substitute), and recommends that the bill, as amended, do pass.
CONTENTS
Page
I. Purpose and Summary..............................................1
II. Background and Need for the Legislation..........................2
III. Legislative History..............................................4
IV. Section-by-Section Analysis......................................4
V. Evaluation of Regulatory Impact..................................5
VI. Congressional Budget Office Cost Estimate........................5
VII. Changes in Existing Law Made by the Act, as Reported.............6
I. Purpose and Summary
The purpose of H.R. 5079, the DHS Field Engagement
Accountability Act, is to require the Secretary of the
Department of Homeland Security (DHS or the Department) to
develop an engagement strategy with fusion centers and update
it at least every five years. It also requires the DHS Under
Secretary for Intelligence and Analysis (I&A) to develop and
disseminate performance metrics for field personnel assigned to
fusion centers. It authorizes the Department's Chief
Information Officer (CIO) and Under Secretary for I&A to
develop policies and metrics to improve utilization of the
Homeland Security Information Network (HSIN) and authorizes
technical improvements to the network.
II. Background and the Need for Legislation
Strategy on DHS engagement with fusion centers
Fusion centers were created by states and Federally
subsidized in response to the 9/11 Commission Report finding a
lack of coordination between Federal agencies and state and
local law enforcement to counter threats to the homeland.\1\
The centers are a structured partnership between DHS and state
and local first responders.\2\ They encourage information
sharing and greater threat awareness from the Federal level
down to the local level and from the local level up to the
Federal level.\3\ The collaborative environment informs crime
fighting and counterterrorism decision-making.\4\
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\1\9/11 Commission Report 265, available at https://www.9-
11commission.gov/report/911 Report.pdf.
\2\Pub. L. No. 107-296 (Nov. 25, 2002); see also Dep't of Homeland
Sec., National Network of Fusion Centers Fact Sheet (June 21, 2017),
https://www.dhs.gov/national-network-fusion-centers-fact-sheet.
\3\Id.
\4\Id.
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Congress has scrutinized the Department's engagement with
fusion centers and the Federal resources expended on the
programs. A 2012 U.S. Senate Permanent Subcommittee on
Investigations staff report raised questions about fusion
center support of the Federal counterterrorism mission.\5\ A
2016 review of the Homeland Security Intelligence Enterprise by
the House Committee on Homeland Security majority staff found a
lack of engagement between DHS and fusion centers.\6\ The 2016
review found that, other than I&A which received appropriations
specific to fusion center deployments, DHS components with
expertise relevant to fusion center mission priorities were
disincentivized from deploying personnel to such centers.\7\
The report further noted that components do not necessarily
have policies for deployment of their personnel to fusion
centers.\8\
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\5\PSI Staff Report, Federal Support For and Involvement in State
and Local Fusion Centers (Oct. 3, 2012), available at https://
www.hsgac.senate.gov/imo/media/doc/10-3-
2012%20PSI%20STAFF%20REPORT%20re%20FUSION%20CENTERS.2.pdf.
\6\House Homeland Security Committee Majority Staff Report,
Reviewing the Department of Homeland Security's Intelligence
Enterprise, 40-42, available at https://homeland.house.gov/wp-content/
uploads/2016/12/Reviewing-DHS-Intelligence-Enterprise-Report.pdf.
\7\Id.
\8\Id.
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This legislation would require a formal strategy for DHS
engagement with fusion centers, including setting goals for
information sharing and collecting performance metrics to
measure progress towards those goals. Specifically, it will
encourage DHS components other than I&A to develop policies to
better engage with fusion centers and leverage state and local
information to secure the homeland. The legislation also
requires DHS to create performance metrics for field personnel
assigned to fusion centers to assist Congress with determining
how successful the field engagements are and attempt to address
concerns about fusion center support of the counterterrorism
mission in the homeland.\9\
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\9\Press Release, S. Comm. on Homeland Sec. and Gov't Affairs
Ranking Member Coburn, Value of Terrorism Prevention Centers Remains
Unproven (Nov. 10, 2014), https://www.hsgac.senate.gov/media/minority-
media/value-of-terrorism-prevention-centers-remains-unproven; see also
U.S. Gov't Accountability Off., GAO-15-155, Information Sharing: DHS is
Assessing Fusion Center Capabilities and Results, but Needs to More
Accurately Account for Federal Funding Provided to Centers (2014),
available at https://www.gao.gov/assets/670/666760.pdf; see also S.
Permanent Subcommittee on Investigations Majority and Minority Staff
Report, Federal Support for and Involvement in State and Local Fusion
Centers, available at https://www.hsgac.senate.gov/imo/media/doc/10-3-
2012%20PSI%20STAFF%20REPORT%20re%20 FUSION%20CENTERS.2.pdf.
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Improving HSIN
A 2017 joint audit by the Department of Justice and DHS
Inspectors General found that fusion center personnel believe
using HSIN is a best practice for information sharing.\10\
Following recent terrorist attacks, HSIN provided critical
support to Federal, state, local, tribal, and territorial
partners.\11\ In particular, HSIN's National Situational
Awareness Room (SitAware) provides first responders with real-
time crisis monitoring capabilities and raw data via ``a
centralized, 24/7 virtual information sharing room.''\12\ The
Committee learned from the National Fusion Center Association
that SitAware was often the quickest way for first responders
to learn whether active shooter events involved terrorism.\13\
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\10\Intelligence Community, Dep't of Homeland Sec., Dep't of
Justice Inspectors General, Review of Domestic Sharing of
Counterterrorism Information 7 (2017), available at https://
oig.justice.gov/reports/2017/a1721.pdf.
\11\Id.
\12\Fact Sheet: Homeland Security Information Network-Intelligence
(last accessed Nov. 1, 2018), https://www.dhs.gov/sites/default/files/
publications/HSIN-Fact%20Sheet-HSIN-Intel.pdf; Supporting Crisis
Communications, Off. of the Dir. Of Nat'l Intelligence (Aug. 26, 2015),
https://www.dni.gov/index.php/who-we-are/organizations/ise/ise-archive/
ise-mission-stories/2162-supporting-crisis-communications.
\13\National Fusion Center Association, 2015 National Fusion Center
Association Annual Training Event (Nov. 3, 2015).
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A 2013 DHS Inspector General audit found limited and
sporadic HSIN use and effectiveness across the homeland
security enterprise.\14\ The audit found duplication between
critical infrastructure protection information shared on HSIN
and on the Federal Bureau of Investigation's InfraGard
system.\15\ Users told auditors they were unable to find
specific documents they knew were on the network and the search
function did not provide useful results.\16\ In addition, users
were concerned that, rather than streamlining sharing, the
large number of communities of interest on the network created
stovepipes.\17\ Users in at least one state found it easier to
bypass HSIN and make phone calls to request information from
other states.\18\
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\14\Dep't of Homeland Sec. Off. of Inspector General, Homeland
Security Information Network Improvements and Challenges 13-17 (2013),
available at https://www.oig.dhs.gov/assets/Mgmt/2013/OIG__13-
98__Jun13.pdf.
\15\Id. at 18.
\16\Id. at 19.
\17\Id.
\18\Id.
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The 2013 audit determined that not all states effectively
used HSIN, but those that did credited effective HSIN mission
advocates that helped them integrate the network into their
business processes.\19\ The DHS Inspector General forecast that
cuts to the mission advocate program would undermine HSIN user
satisfaction.\20\
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\19\Id. at 14; the DHS HSIN mission advocate program consists of
functional experts who provide training and technical assistance
tailored to HSIN user needs according to the official website of the
Homeland Security Information Network. Dep't of Homeland Sec. Homeland
Sec. Information Network, Operational Support: HSIN Mission Advocates,
https://www.dhs.gov/xlibrary/hsin-annual-report-2017/operations/
operational-support/hsin-mission-advocates.html.
\20\Dep't of Homeland Sec. Off. of Inspector General, Homeland
Security Information Network Improvements and Challenges 20 (2013),
available at https://www.oig.dhs.gov/assets/Mgmt/2013/OIG__13-
98__Jun13.pdf.
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This legislation requires policies and metrics that improve
usage of HSIN and authorizes technical improvements to the
network to improve its usefulness.
III. Legislative History
Representative Don Bacon (R-NE-2) introduced H.R. 5079 on
February 23, 2018. The House passed the Act by voice vote on
March 19, 2018, and it was referred to the Committee on
Homeland Security and Governmental Affairs.
The Committee considered H.R. 5079 at a business meeting on
June 13, 2018. Chairman Ron Johnson offered a substitute
amendment that reflected technical edits from the Department of
Homeland Security. The Committee adopted the amendment and
ordered the Act, as amended, reported favorably, both by voice
vote. Senators present for both the vote on the amendment and
the vote on the Act as amended were: Johnson, Portman,
Lankford, Enzi, McCaskill, Carper, Peters, Hassan, Harris, and
Jones.
Consistent with Committee Rule 11, the Committee reports
the Act with a technical amendment by mutual agreement of the
Chairman and Ranking Member.
IV. Section-by-Section Analysis of the Act, as Reported
Section 1. Short title
This section provides the Act's short title, the ``DHS
Field Engagement Accountability Act.''
Section 2. Engagement strategy with fusion centers
This section amends the Homeland Security Act of 2002 to
require DHS to develop an engagement strategy with fusion
centers and update it at least every five years. It specifies
that engagement with fusion centers through DHS intelligence
personnel deployments and information sharing systems shall be
included in such strategy. It also requires measurable
performance metrics for successful engagement and information
sharing with fusion centers to be included in such strategy.
Section 3. Office of Intelligence and Analysis field personnel support
to fusion centers
Subsection (a) requires the Under Secretary for I&A to
develop and disseminate performance metrics for field personnel
assigned to fusion centers and regional directors within 180
days of enactment.
Subsection (b) requires the Under Secretary for I&A to
consult with the Department's CIO to develop and implement
training modules on the use of relevant classified homeland
security information sharing systems for fusion center
personnel.
Subsection (c) defines ``fusion center.''
Section 4. DHS component usage of the Homeland Security Information
Network
Subsection (a) authorizes the Department's CIO, in
consultation with the Under Secretary for I&A, to develop
policies and metrics to improve usage of the Homeland Security
Information Sharing Network.
Subsection (b) authorizes the Department's CIO, in
consultation with the Chief Intelligence Officer, to make
appropriate technical improvements to the Homeland Security
Information Network.
Section 5. Report
This section requires the Secretary to report to Congress
on DHS's implementation of the strategies, policies, and
metrics described in the previous sections within 18 months of
enactment.
V. Evaluation of Regulatory Impact
Pursuant to the requirements of paragraph 11(b) of rule
XXVI of the Standing Rules of the Senate, the Committee has
considered the regulatory impact of this Act and determined
that the Act will have no regulatory impact within the meaning
of the rules. The Committee agrees with the Congressional
Budget Office's statement that the Act contains no
intergovernmental or private-sector mandates as defined in the
Unfunded Mandates Reform Act (UMRA) and would impose no costs
on state, local, or tribal governments.
VI. Congressional Budget Office Cost Estimate
U.S. Congress,
Congressional Budget Office,
Washington, DC, July 23, 2018.
Hon. Ron Johnson,
Chairman, Committee on Homeland Security and Governmental Affairs, U.S.
Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 5079, the DHS
Field Engagement Accountability Act.
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,
Director.
Enclosure.
H.R. 5079--DHS Field Engagement Accountability Act
H.R. 5079 would direct the Department of Homeland Security
(DHS) to improve the training and preparation of department
personnel assigned to fusion centers, which facilitate
information sharing among federal, state, and local authorities
and are supported by DHS. The act also would require the
department to enhance an information sharing computer network
available to its personnel and to certain other federal and
nonfederal employees.
Using information from DHS and assuming appropriation of
the necessary amounts, CBO estimates that implementing H.R.
5079 would cost $15 million over the 2019-2023 period, as shown
in the following table.
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars----
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2018 2019 2020 2021 2022 2023 2019-2023
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INCREASES IN SPENDING SUBJECT TO APPROPRIATION
Estimated Authorization Level........................ 0 7 2 2 2 2 15
Estimated Outlays.................................... 0 7 2 2 2 2 15
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Most of these costs would be for upgrading and maintaining
the information network used by DHS and other agencies as
required by the legislation, including enhanced document
sharing and search capabilities. That information network is
used by about 100,000 personnel at federal, state, local, and
nongovernmental agencies that are involved in homeland security
activities.
Enacting H.R. 5079 would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply.
CBO estimates that enacting H.R. 5079 would not increase
net direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2029.
H.R. 5079 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 reviewed by H. Samuel Papenfuss, Deputy
Assistant Director for Budget Analysis.
VII. Changes in Existing Law Made by the Act, as Reported
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
H.R.3361 as reported, are shown as follows (existing law
proposed to be omitted is enclosed in brackets, new matter is
printed in italic, and existing law in which no change is
proposed is shown in roman):
HOMELAND SECURITY ACT OF 2002
* * * * * * *
TITLE II--INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION
* * * * * * *
Subtitle A--Information and Analysis and Infrastructure Protection;
Access to Information
* * * * * * *
SEC. 210A. DEPARTMENT OF HOMELAND SECURITY STATE, LOCAL, AND REGIONAL
INFORMATION FUSION CENTER INITIATIVE
(a) * * *
* * * * * * *
(j) Fusion Center Information Sharing Strategy.--Not later
than 1 year after the date of the enactment of this subsection,
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 Sharing 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.
[(j)] (k) Definitions.--In this section--
(1) the term ``fusion center'' means a collaborative
effort of 2 or more Federal, State, local, or tribal
government agencies that combines resources, expertise,
or information with the goal of maximizing the ability
of such agencies to detect, prevent, investigate,
apprehend, and respond to criminal or terrorist
activity;
(2) the term ``information sharing environment''
means the information sharing environment established
under section 1016 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (6 U.S.C. 485);
(3) the term ``intelligence analyst'' means an
individual who regularly advises, administers,
supervises, or performs work in the collection,
gathering, analysis, evaluation, reporting, production,
or dissemination of information on political, economic,
social, cultural, physical, geographical, scientific,
or military conditions, trends, or forces in foreign or
domestic areas that directly or indirectly affect
national security;
(4) the term ``intelligence-led policing'' means the
collection and analysis of information to produce an
intelligence end product designed to inform law
enforcement decision making at the tactical and
strategic levels; and
(5) the term ``terrorism information'' has the
meaning given that term in section 1016 of the
Intelligence Reform and Terrorism Prevention Act of
2004 (6 U.S.C. 485).
[(k)] (l) Authorization of Appropriations.--There is
authorized to be appropriated $10,000,000 for each of fiscal
years 2008 through 2012, to carry out this section, except for
subsection (i), including for hiring officers and intelligence
analysts to replace officers and intelligence analysts who are
assigned to fusion centers under this section.
* * * * * * *