[Senate Report 116-228]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 459
116th Congress      }                                   {        Report
                                 SENATE
 2d Session         }                                   {       116-228
_______________________________________________________________________

                                     



          DHS INTELLIGENCE AND INFORMATION SHARING ACT OF 2019

                               __________

                              R E P O R T

                                 of the

                   COMMITTEE ON HOMELAND SECURITY AND

                          GOVERNMENTAL AFFAIRS

                          UNITED STATES SENATE

                              to accompany

                               H.R. 2066

             TO AMEND THE HOMELAND SECURITY ACT OF 2002 TO
            ESTABLISH THE INTELLIGENCE ROTATIONAL ASSIGNMENT
 PROGRAM IN THE DEPARTMENT OF HOMELAND SECURITY, AND FOR OTHER PURPOSES






            [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


                  June 1, 2020.--Ordered to be printed 
                               __________

                      U.S. GOVERNMENT PUBLISHING OFFICE
                      
99-010                     WASHINGTON : 2020 
                  
                  
                  
                  
                  
                  
                  
                  
                  
                  
                  
                  
                  
                  
                  
                  
                  
                  
                  
        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
                Margaret E. Frankel, Research Assistant
             Nicholas O. Ramirez, U.S. Coast Guard Detailee
               David M. Weinberg, Minority Staff Director
               Zachary I. Schram, Minority Chief Counsel
     Jeffrey D. Rothblum, Minority Senior Professional Staff Member
                     Laura W. Kilbride, Chief Clerk



















                                                       Calendar No. 459
116th Congress      }                                   {        Report
                                 SENATE
 2d Session         }                                   {       116-228
======================================================================



 
               DHS INTELLIGENCE AND INFORMATION SHARING 
                              ACT OF 2019

                                _______
                                

                  June 1, 2020.--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. 2066]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security and Governmental 
Affairs, to which was referred the bill (H.R. 2066) to amend 
the Homeland Security Act of 2002 to establish the Intelligence 
Rotational Assignment Program in the Department of Homeland 
Security, 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..............................................3
 IV. Section-by-Section Analysis......................................3
  V. Evaluation of Regulatory Impact..................................3
 VI. Congressional Budget Office Cost Estimate........................4
VII. Changes in Existing Law Made by the Act, as Reported.............5

                         I. Purpose and Summary

    The purpose of H.R. 2066, the DHS Intelligence Rotational 
Assignment Program Act of 2019, is to require the Department of 
Homeland Security (DHS or Department) to establish an 
Intelligence Rotational Assignment Program. Department 
employees eligible for this program include DHS analysts within 
a Department intelligence component, United States Secret 
Service (USSS) analysts, and others as determined appropriate 
by the Secretary of Homeland Security.

              II. Background and the Need for Legislation

    Throughout the Federal Government, rotational programs 
assist agencies in employee education and career 
development.\1\ Within DHS, there are a ``variety of training 
opportunities [available] to employees, including academic 
programs, leader development, career development, and technical 
skills training.''\2\ One of the programs available to 
Department employees includes the Homeland Security Rotation 
Program.\3\ This program was authorized on October 4, 2006, and 
``provides developmental assignments that give DHS employees 
opportunities to broaden their skills, gain organizational 
knowledge, and enhance their personal and professional 
growth.''\4\
---------------------------------------------------------------------------
    \1\Office of Personnel Mgmt., Training and Development: Leadership 
Development, President's Management Council Interagency Rotation 
Program, available at https://www.opm.gov/policy-data-oversight/
training-and-development/leadership-development/#url=PMC-Interagency-
Rotation-Prgm.
    \2\Dep't of Homeland Security, Employee Resources: My Career, 
available at https://www.dhs.gov/employee-resources/my-career.
    \3\Id.
    \4\Pub. L. 109-295, title VI, Sec. 622(a), Oct. 4, 2006, 120 Stat. 
1416. See also Dep't of Homeland Security, Employee Resources: My 
Career, available at https://www.dhs.gov/employee-resources/my-career.
---------------------------------------------------------------------------
    In 2017, the inspectors general of the Intelligence 
Community, DHS, and Department of Justice completed a report, 
Review of Domestic Sharing of Counterterrorism Information.\5\ 
They noted that ``the DHS Intelligence Enterprise was not as 
effective and valuable to the [intelligence community] as it 
could be.''\6\ This was attributed to a lack of unity 
throughout the DHS Intelligence Enterprise, various staffing 
issues within DHS's Office of Intelligence & Analysis (I&A), 
problems with the review and approval process of internal 
intelligence products, and issues accessing classified systems 
and locations.\7\ The report further stated that ``the DHS 
Intelligence Enterprise was fragmented, with elements operating 
independently and with few repercussions or incentives to 
coordinate better outside of actual events.''\8\
---------------------------------------------------------------------------
    \5\Joint Report by the Intelligence Community Inspectors General of 
the Department of Homeland Security and the Department of Justice, 
Review of Domestic Sharing of Counterterrorism Information, https://
www.dni.gov/files/documents/Newsroom/Domestic_Sharing_Counterterror-
ism_Information_Report.pdf.
    \6\Id.
    \7\Id.
    \8\Id.
---------------------------------------------------------------------------
    The report noted that DHS I&A had taken steps to improve 
and further unify the DHS Intelligence Enterprise.\9\ These 
steps included establishing the DHS Intelligence Rotational 
Assignment Program in 2014 to ``promote a broader understanding 
of the various intelligence missions and functions across the 
intelligence enterprise and fusion centers.''\10\ However, the 
DHS Chief Intelligence Officer has been unable to compel 
Department personnel to participate in such initiatives.\11\
---------------------------------------------------------------------------
    \9\Id.
    \10\Id.
    \11\Id.
---------------------------------------------------------------------------
    This legislation codifies DHS's Intelligence Rotational 
Assignment Program in an effort to improve intra-agency 
participation in the program. It also extends eligibility to 
certain intelligence analysts across the DHS component 
agencies, ultimately fostering a better understanding of the 
Department's intelligence enterprise and resulting in increased 
intra-agency communication on specific threats.

                        III. Legislative History

    On April 3, 2019, Rep. Mike Gallagher (R-WI) introduced 
H.R. 2066, the DHS Intelligence Rotational Assignment Program 
Act of 2019. The Act passed the House under suspension of the 
rules on May 14, 2019. H.R. 2066 was referred to the Senate 
Committee on Homeland Security and Governmental Affairs on May 
15, 2019.
    The Committee considered H.R. 2066 at a business meeting on 
November 6, 2019. Chairman Ron Johnson offered a substitute 
amendment which expanded the rotation program's eligibility to 
additional DHS intelligence personnel. The substitute amendment 
also clarifies that the Chief Human Capital Officer is required 
to carry out the rotation program's responsibilities. The 
Committee favorably reported the Act, as amended by the Johnson 
substitute amendment, en bloc by voice vote. Senators present 
for the vote were: Johnson, Portman, Paul, Lankford, Romney, 
Scott, Enzi, Hawley, Peters, Carper, Hassan, 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 
Intelligence Rotational Assignment Program Act of 2019.''

Section 2. Intelligence Rotational Assignment Program

    This section amends Section 844 of the Homeland Security 
Act of 2002 (6 U.S.C. 414) by adding a new subsection at the 
end on the Intelligence Rotational Assignment Program.
    Subsection (b)(1) requires the establishment of an 
Intelligence Rotational Assignment Program as part of the 
Homeland Security Rotation Program within one year of 
enactment.
    Subsection (b)(2) establishes the eligibility for the 
program to include DHS analysts within a Department 
intelligence component, USSS analysts, and other positions 
within DHS as determined by the Secretary.
    Subsection (b)(3) outlines the responsibilities for the 
Chief Human Capital Officer in regards to the Intelligence 
Rotational Assignment Program, as applicable.

                   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, December 11, 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 Department of Homeland 
Security Legislation.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Kim Cawley.
            Sincerely,
                                         Phillip L. Swagel,
                                                          Director.
    Enclosure.

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    On November 6, 2019, the Senate Committee on Homeland 
Security and Governmental Affairs ordered reported the 
following pieces of legislation:
           H.R. 495, the Federal Information Resource 
        to Strengthen Ties with State and Local Law Enforcement 
        Act of 2019, which would require the Department of 
        Homeland Security (DHS) to submit an annual report to 
        the Congress on the department's efforts to coordinate 
        activities and share information with state, local, and 
        tribal law enforcement agencies;
           H.R. 1589, the CBRN Intelligence and 
        Information Sharing Act of 2019, which would direct DHS 
        to gather and analyze intelligence on terrorist threats 
        involving chemical, biological, radiological, and 
        nuclear (CBRN) materials and to share that information 
        with federal, state, and local authorities; and
           H.R. 2066, the DHS Intelligence Rotational 
        Assignment Program Act of 2019, which would authorize 
        DHS to permit its intelligence analysts to participate 
        in the department's in-house employee rotation program.
    DHS is currently carrying out activities similar to those 
required by the acts listed above, and any new activities 
required under the legislation would not require substantial 
action by the department. Thus, CBO estimates that implementing 
each act would not have a significant cost; any spending would 
be subject to the availability of appropriated funds.
    On April 23, 2019, CBO transmitted a cost estimate for H.R. 
1589, the CBRN Intelligence and Information Sharing Act of 
2019, as passed by the House of Representatives on April 1, 
2019. The two versions of the legislation are similar and CBO's 
estimate of the budgetary effects for each version are the 
same.
    The CBO staff contact for this estimate is Kim Cawley. 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 
the act, 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 VIII--COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL; 
UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS

           *       *       *       *       *       *       *


Subtitle E--Human Resources Management

           *       *       *       *       *       *       *


SEC. 844. HOMELAND SECURITY ROTATION PROGRAM.

    (a) * * *

           *       *       *       *       *       *       *

    (b) Intelligence Rotational Assignment Program.--
          (1) Establishment.--Not later than 1 year after the 
        date of enactment of this subsection, the Secretary 
        shall establish an Intelligence Rotational Assignment 
        Program as part of the Rotation Program under 
        subsection (a).
          (2) Eligibility.--The Intelligence Rotational 
        Assignment Program shall be open to employees serving 
        in analyst positions in an intelligence component of 
        the Department, analyst positions in the United States 
        Secret Service, and other positions in the Department, 
        as Determined appropriate by the Secretary.
          (3) Coordination.--The Chief Human Capital Officer 
        shall carry out the responsibilities relating to the 
        Rotation Program that are specified in subsection 
        (a)(3)(B) with respect to the Intelligence Rotational 
        Assignment Program under this subsection, to the extent 
        those responsibilities are applicable to the 
        Intelligence Rotational Assignment Program.

           *       *       *       *       *       *       *


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