[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\
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\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
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By fiscal year, millions of dollars--
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2019 2020 2021 2022 2023 2024 2019-2024
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Estimated Authorization.......... 0 7 2 2 2 2 15
Estimated Outlays................ 0 7 2 2 2 2 15
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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]