[Senate Report 116-16]
[From the U.S. Government Publishing Office]


                                                    Calendar No. 47

116th Congress}                                            { Report
                                 SENATE
 1st Session  }                                            { 116-16

======================================================================

                         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. 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


[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]


                 March 25, 2019.--Ordered to be printed
                 
                 
                               __________
                               

                    U.S. GOVERNMENT PUBLISHING OFFICE                    
                          WASHINGTON : 2019                  
                 
                 
                 
                 
        COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS

                    RON JOHNSON, Wisconsin, Chairman
ROB PORTMAN, Ohio                    GARY C. PETERS, Michigan
RAND PAUL, Kentucky                  THOMAS R. CARPER, Delaware
JAMES LANKFORD, Oklahoma             MAGGIE HASSAN, New Hampshire
MITT ROMNEY, Utah                    KAMALA D. HARRIS, California
RICK SCOTT, Florida                  KYRSTEN SINEMA, Arizona
MICHAEL B. ENZI, Wyoming             JACKY ROSEN, Nevada
JOSH HAWLEY, Missouri

                Gabrielle D'Adamo Singer, Staff Director
                   Joseph C. Folio III, Chief Counsel
            Christopher S. Boness, Professional Staff Member
               David M. Weinberg, Minority Staff Director
               Zachary I. Schram, Minority Chief Counsel
         Alexa E. Noruk, Minority Director of Homeland Security
                     Laura W. Kilbride, Chief Clerk
                     
                     
                     
                     
                                                    Calendar No. 47

116th Congress}                                            { Report
                                 SENATE
 1st Session  }                                            { 116-16

======================================================================
 
                DHS FIELD ENGAGEMENT ACCOUNTABILITY ACT

                                _______
                                

                 March 25, 2019.--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. 504]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security and Governmental 
Affairs, to which was referred 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, 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 the Need for 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. 504, 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.\1\
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    \1\On June 13, 2018, the Committee approved H.R. 5079, DHS Field 
Engagement Accountability Act. That bill is substantially similar to 
H.R. 504. Accordingly, this committee report is in large part a 
reproduction of Chairman Johnson's committee report for H.R. 5079, S. 
Rep. No. 115-355.
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              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.\2\ 
The centers are a structured partnership between DHS and state 
and local first responders.\3\ 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.\4\ The collaborative environment informs crime 
fighting and counterterrorism decision-making.\5\
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    \2\The Nat'l Comm'n on Terrorist Attacks Upon the United States, 
The 9/11 Commission Report 265 (July 2004), available at https://www.9-
11commission.gov/report/911Report.pdf.
    \3\Homeland Security Act of 2002, Pub. L. No. 107-296, 116 Stat. 
2135 (2002); see also National Network of Fusion Centers Fact Sheet, 
Dep't of Homeland Sec., available at https://www.dhs.gov/national-
network-fusion-centers-fact-sheet (last visited Feb. 26, 2019).
    \4\Id. 
    \5\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.\6\ 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.\7\ 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.\8\ 
The report further noted that DHS components do not necessarily 
have policies for deployment of their personnel to fusion 
centers.\9\
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    \6\S. Comm. on Homeland Sec. & Governmental Affairs Permanent 
Subcomm. on Investigations, Majority & Minority Staff Report: Federal 
Support For and Involvement in State and Local Fusion Centers (Oct. 
2012).
    \7\H. Comm. on Homeland Security, Majority Staff Report: Reviewing 
the Department of Homeland Security's Intelligence Enterprise 40-42 
(Dec. 2016), available at https://www.hsdl.org/?abstract&did=797351.
    \8\Id.
    \9\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.\10\
---------------------------------------------------------------------------
    \10\Press Release, Ranking Member Tom Coburn, S. Comm. on Homeland 
Sec. and Governmental Affairs, Value of Terrorism Prevention Centers 
Remains Unproven (Nov. 10, 2014), available at https://
www.hsgac.senate.gov/media/minority-media/value-of-terrorism-
prevention-centers-remains-unproven; see also U.S. Gov't Accountability 
Office., 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 (Nov. 4, 2014), available at 
https://www.gao.gov/assets/670/666760.pdf; S. Comm. on Homeland Sec. & 
Governmental Affairs Permanent Subcomm. on Investigations, Majority & 
Minority Staff Report: Federal Support For and Involvement in State and 
Local Fusion Centers (Oct. 2012).
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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.\11\ 
Following recent terrorist attacks, HSIN provided critical 
support to Federal, state, local, tribal, and territorial 
partners.\12\ 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.''\13\ 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.\14\
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    \11\Dep't of Justice Office of the Inspector Gen., Report 17-21, 
Review of Domestic Sharing of Counterterrorism Information 7 (Mar. 
2017), available at https://oig.justice.gov/reports/2017/a1721.pdf.
    \12\Id.
    \13\Fact Sheet: Homeland Security Information Network-Intelligence, 
Dep't of Homeland Sec., available at https://www.dhs.gov/sites/default/
files/publications/HSIN-Fact%20Sheet-HSIN-Intel.pdf (last visited Feb. 
28, 2018); Supporting Crisis Communications, Off. of the Dir. of Nat'l 
Intelligence (Aug. 26, 2015), available at https://www.dni.gov/
index.php/who-we-are/organizations/ise/ise-archive/ise-mission-stories/
2162-supporting-crisis-communications.
    \14\National Fusion Center Association Annual Training Event, Nat'l 
Fusion Ctr. Ass'n (Nov. 3, 2015), available at https://nfcausa.org/
html/NFCA_At-A-Glance_Agenda_2015.pdf.
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    A 2013 DHS Inspector General audit found sporadic HSIN use 
and limited effectiveness across the homeland security 
enterprise.\15\ The audit found duplication between critical 
infrastructure protection information shared on HSIN and on the 
Federal Bureau of Investigation's InfraGard system.\16\ 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.\17\ In addition, users were concerned 
that, rather than streamlining sharing, the large number of 
communities of interest on the network created stovepipes.\18\ 
Users in at least one state found it easier to bypass HSIN and 
make phone calls to request information from other states.\19\
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    \15\Dep't of Homeland Sec. Off. of Inspector Gen., OIG-13-98, 
Homeland Security Information Network Improvements and Challenges 13-17 
(June 2013), available at https://www.oig.dhs.gov/assets/Mgmt/2013/
OIG_13-98_Jun13.pdf.
    \16\Id. at 18.
    \17\Id. at 19.
    \18\Id.
    \19\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.\20\ The DHS Inspector General forecasted 
that cuts to the mission advocate program would undermine HSIN 
user satisfaction.\21\
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    \20\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. See generally Operational 
Support: HSIN Mission Advocates, Homeland Sec. Info. Network, available 
at https://www.dhs.gov/xlibrary/hsin-annual-report-2017/operations/
operational-support/hsin-mission-advocates.html (last visited Feb. 26, 
2019).
    \21\Dep't of Homeland Sec. Off. of Inspector Gen., OIG-13-98, 
Homeland Security Information Network Improvements and Challenges 20 
(June 2013).
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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. 504 on 
January 11, 2019. The House of Representatives passed the Act 
by voice vote on January 29, 2019, and it was referred to the 
Committee on Homeland Security and Governmental Affairs.
    The Committee considered H.R. 504 at a business meeting on 
February 13, 2019. Chairman Ron Johnson offered a substitute 
amendment that reflected technical edits from the Department. 
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, Paul, Lankford, Romney, 
Scott, Enzi, Hawley, Peters, Carper, Hassan, Harris, Sinema, 
and Rosen.

        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, March 1, 2019.
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. 504, 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. 
    
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
    

    H.R. 504 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 a network for sharing information 
available to its personnel and to certain other federal and 
nonfederal employees. Most of the cost would stem from 
upgrading and maintaining the information network including 
enhanced document sharing and search capabilities. (We expect 
most upgrades to occur during the first year after enactment.) 
That information network is used by about 100,000 personnel at 
federal, state, local, and nongovernmental agencies that are 
involved in homeland security activities.
    Using information from DHS and assuming appropriation of 
the necessary amounts, CBO estimates that implementing H.R. 504 
would cost $15 million over the 2019-2024 period. The costs of 
the legislation detailed in Table 1, fall within budget 
function 750 (administration of justice).

                TABLE 1.--ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER H.R. 504
----------------------------------------------------------------------------------------------------------------
                                                       By fiscal year, millions of dollars--
                                  ------------------------------------------------------------------------------
                                      2019       2020       2021       2022       2023       2024     2019-2024
----------------------------------------------------------------------------------------------------------------
Estimated Authorization..........          0          7          2          2          2          2           15
Estimated Outlays................          0          7          2          2          2          2           15
----------------------------------------------------------------------------------------------------------------

    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. 504 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 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.
    [(j)] (k) Definitions.--In this section--

           *       *       *       *       *       *       *

    [(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.

                                  [all]