[Senate Report 116-286]
[From the U.S. Government Publishing Office]


                                                  Calendar No. 578

116th Congress}                                           { Report
                                 SENATE
  2d Session  }                                           { 116-286

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

                       UNIFYING DHS INTELLIGENCE
                             ENTERPRISE ACT

                               __________

                              R E P O R T

                                 OF THE

                   COMMITTEE ON HOMELAND SECURITY AND

                          GOVERNMENTAL AFFAIRS

                          UNITED STATES SENATE

                              TO ACCOMPANY

                               H.R. 2589

             TO AMEND THE HOMELAND SECURITY ACT OF 2002 TO
           ESTABLISH A HOMELAND INTELLIGENCE DOCTRINE FOR THE
        DEPARTMENT OF HOMELAND SECURITY, AND FOR OTHER PURPOSES

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


                November 9, 2020.--Ordered to be printed                
                 
                              __________
               
               
                    U.S. GOVERNMENT PUBLISHING OFFICE                    
                           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, Minority 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. 578

116th Congress}                                           { Report
                                 SENATE
  2d Session  }                                           { 116-286

======================================================================
 
                UNIFYING DHS INTELLIGENCE ENTERPRISE ACT

                                _______
                                

                November 9, 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. 2589]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security and Governmental 
Affairs, to which was referred the bill (H. R. 2589) to amend 
the Homeland Security Act of 2002 to establish a homeland 
intelligence doctrine for the Department of Homeland Security, 
and for other purposes, 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..................................6
 VI. Congressional Budget Office Cost Estimate........................6
VII. Changes in Existing Law Made by the Act, as Reported.............7

                         I. Purpose and Summary

    H.R. 2589, the Unifying DHS Intelligence Components Act (as 
the title was amended to read in Committee), directs the 
Secretary of the Department of Homeland Security (DHS or the 
Department) to develop and disseminate a written Department-
wide intelligence doctrine for its intelligence components. In 
addition, the Secretary is required to develop policies, 
standards, and programs for the intelligence components of the 
Department for training relating to, among other things, the 
collection, processing and analysis of intelligence-related 
information, and coordinate the intelligence and intelligence-
related education of personnel for intelligence components. The 
Secretary is also required to develop policies for gathering 
lessons learned relating to intelligence, intelligence-related 
information, and terrorism information and use the lessons 
learned for further development of the intelligence doctrine.
    The Department's intelligence doctrine must include defined 
processes for sharing intelligence information with state, 
local, tribal and territorial governments (SLTTs), the private 
sector, and foreign governments in a matter that complies with 
all privacy, civil rights and civil liberties regulations. 
Beginning one year following the enactment of this Act, and 
annually for four years, the Secretary is required to conduct 
an annual review of the intelligence doctrine, and as necessary 
revise the doctrine.
    The U.S. Government Accountability Office (GAO) is required 
to conduct a review, within one year of the enactment, of the 
Department's implementation of the Act and submit the results 
of this review to Congress. GAO's review is to include, among 
other things, details on the extent of intelligence doctrine 
adoption across the Department and evaluate if the newly 
implemented standards protect civil rights, civil liberties and 
privacy requirements. In addition, GAO is required to report on 
the variation between the standards prior to the enactment of 
the Act, and the standards in effect following the issuance of 
intelligence doctrine.

              II. Background and the Need for Legislation

    Following the aftermath of the September 11, 2001, 
terrorist attacks, Congress established DHS as a means of 
unifying the nation's homeland security efforts.\1\ The 
creation of DHS from 22 distinct Executive Branch agencies was 
the most significant reorganization of the Federal Government 
since the Cold War.\2\ By consolidating these agencies into a 
single department, Congress and the administration intended to 
break down existing stovepipes and barriers to information 
sharing, thereby enhancing the nation's ability to mitigate, 
prepare for, and respond to potential terrorist threats.\3\
---------------------------------------------------------------------------
    \1\Homeland Security Act of 2002, Pub. L. No. 107-296, 107th Cong. 
(2002); The President of the United States, The Department of Homeland 
Security (June 2002), available at https://www.dhs.gov/xlibrary/assets/
book.pdf.
    \2\Id.
    \3\The President of the United States, The Department of Homeland 
Security (June 2002), available at https://www.dhs.gov/xlibrary/assets/
book.pdf; Mission, Department of Homeland Security (Jul. 3, 2019), 
https://www.dhs.gov/mission.
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    Protecting the homeland against threats of terrorism 
requires a coordinated and robust homeland intelligence 
enterprise. Since the Department's inception, DHS has made a 
number of changes in an effort to do so, including establishing 
the Office of Intelligence and Analysis (I&A) and designating 
the role of Assistant Secretary (now the Under Secretary) for 
Information Analysis to serve as the Chief Intelligence 
Officer.\4\ With the passage of the 9/11 Commission Act of 
2007, I&A was given the responsibility of handling 
intelligence-related matters, to include evaluating 
information-sharing practices within the Department.\5\
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    \4\Id.; 6 U.S.C. Sec. 121(b).
    \5\Implementing Recommendations of the 9/11 Commission Act of 2007, 
Pub. L. No. 110-53, 110th Cong. (2007), codified at 6 U.S.C. Sec. 121.
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    In 2016, the majority staff for the House Committee on 
Homeland Security issued a report titled ``Reviewing the 
Department of Homeland Security's Intelligence Enterprise,'' 
that evaluated the current status of DHS intelligence programs 
and provided recommendations for DHS to streamline their 
intelligence operations and unify efforts to facilitate the 
Department's mission.\6\ Many of the recommendations form the 
basis for this legislation, specifically with regard to those 
calling for better coordination among components and the 
establishment of clear standards for handling intelligence 
information.\7\
---------------------------------------------------------------------------
    \6\House Committee on Homeland Security, Majority Staff Report, 
Reviewing the Department of Homeland Security's Intelligence 
Enterprise, 105th Cong. (2016), available at https://www.hsdl.org/
?view&did=797351 [hereinafter, ``House Committee on Homeland Security 
Majority Staff Report''].
    \7\Id.
---------------------------------------------------------------------------
    Currently, I&A and the U.S. Coast Guard are the only 
members of the intelligence community within the Department.\8\ 
Other components of the Department lack the same standards for 
the handling of intelligence.\9\ Due to the lack of 
standardization among the intelligence components of the 
Department, the report recommended that the DHS Chief 
Intelligence Officer ``standardize raw intelligence reporting 
formats throughout the Department and create a system of record 
for dissemination, discoverable by all personnel with a need-
to-know, even for products contain information that throes not 
meet the standard for national intelligence reporting.''\10\ 
Standardizing methods to share intelligence and intelligence-
related information among relevant components helps prevent 
stove piping of intelligence information, a problem identified 
by the 9/11 Commission.\11\
---------------------------------------------------------------------------
    \8\Members of the IC, Office of the Director of National 
Intelligence, https://www.dni.gov/index.php/what-we-do/members-of-the-
ic.
    \9\House Committee on Homeland Security Majority Staff Report, 
supra note 6; see also Congressional Research Service, The Department 
of Homeland Security Intelligence Enterprise: Operational Overview and 
Oversight Challenges for Congress (2010), available at https://fas.org/
sgp/crs/homesec/R40602.pdf.
    \10\House Committee on Homeland Security Majority Staff Report, 
supra note 6.
    \11\National Commission on Terrorist Attacks Upon the United 
States, The 9/11 Commission Report--Final Report of the National 
Commission on Terrorist Attacks Upon the United States--Executive 
Summary (2004), available at https://govinfo.library.unt.edu/911/
report/911Report_Exec.pdf.
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    Another recommendation outlined in the report called for 
the Chief Intelligence Officer to ``standardize all DHS 
[intelligence enterprise] analytical product formats where 
practicable.''\12\ Specifically, the report found that there 
were 56 various finished intelligence product formats due to 
the lack of standardized protocols across the Department.\13\ 
In April 2016, the Chief Intelligence Officer established a 
centralized repository for finished intelligence products.\14\ 
However, due to inconsistencies in the product format 
requirements, analysts tasked with formatting the intelligence 
products said the act of putting the products together drained 
resources and confused users based on the differing formats and 
scopes.\15\ H.R. 2589 would establish required guidance on 
processing, analysis, production and dissemination, thereby 
helping to streamline the product processes, improve resource 
allocation, and reduce confusion.
---------------------------------------------------------------------------
    \12\House Committee on Homeland Security Majority Staff Report, 
supra note 6.
    \13\Id.
    \14\Id. at 32.
    \15\Id.
---------------------------------------------------------------------------
    A former Chief Intelligence Officer identified confusion 
within the Department ``as to who has the responsibility and/or 
ability to compel information sharing, owing to the lack of a 
Departmental intelligence doctrine,''\16\ which further 
enforces the need for establishing the Homeland Intelligence 
Doctrine as called for in this Act. The report specifically 
cites an instance in which an intelligence component of the 
Department created a definition of ``intelligence,'' different 
from what is established in DHS policy.\17\ Without set 
standards and interpretations of definitions, intelligence 
components of the Department lack unity and accountability when 
handling intelligence.
---------------------------------------------------------------------------
    \16\Id. at 35.
    \17\Id.
---------------------------------------------------------------------------
    The report includes several additional recommendations that 
call for the standardization of guidance on intelligence 
analysis, production and sharing.\18\ The report highlights the 
need for ``[normalized]'' intelligence-sharing and coordination 
procedures as it relates to Federal, SLTT, foreign and private 
sector partners.\19\ This Act would require DHS to develop 
guidance on intelligence dissemination to its aforementioned 
non-DHS partners.
---------------------------------------------------------------------------
    \18\House Committee on Homeland Security Majority Staff Report, 
supra note 6.
    \19\Id.
---------------------------------------------------------------------------
    To address these problems, H.R. 2589 establishes a Homeland 
Intelligence Doctrine within the DHS to standardize the 
development, dissemination, and analysis of intelligence-
related information across the intelligence components of the 
Department. Implementation of the Homeland Intelligence 
Doctrine will be reviewed by GAO. This report will provide 
Congress and DHS with information on whether the establishment 
of the Homeland Intelligence Doctrine has had the desired 
outcome of improving the Department's ability to unify its 
intelligence-related activities amongst its intelligence 
components.

                        III. Legislative History

    Representative Mark Green (R-TN-7) introduced H.R. 2589, 
the Unifying DHS Intelligence Enterprise Act of 2019, in the 
House of Representatives on May 8, 2019. The House of 
Representatives passed the Act, as amended, under suspension of 
the rules by voice vote on September 26, 2019. The Act was 
referred to the Senate Committee on Homeland Security and 
Governmental Affairs.
    The Committee considered H.R. 2589 at a business meeting on 
March 11, 2020. Chairman Ron Johnson and Ranking Member Gary 
Peters offered a substitute amendment, which incorporated minor 
technical edits and changed the short title from ``Unifying DHS 
Intelligence Enterprise Act'' to ``Unifying DHS Intelligence 
Components Act.'' Both the amendment and legislation as 
modified were passed by voice vote en bloc with Senators 
Johnson, Portman, Lankford, Romney, Scott, Enzi, Hawley, 
Peters, Carper, Hassan, Harris, Sinema and Rosen present. 
Consistent with Committee rules, the Committee reports the bill 
with a technical amendment by mutual agreement of the Chairman 
and Ranking Member.

        IV. Section-by-Section Analysis of the Bill, as Reported


Section 1. Short title

    This section establishes the Short Title of the Act as the 
``Unifying DHS Intelligence Components Act.''

Section 2. Homeland Intelligence Doctrine

    Subsection (a) amends Subtitle A of title II of the 
Homeland Security Act of 2002 (6 U.S.C. 121 et seq.) to add a 
new section 210H, Homeland Intelligence Doctrine.
    New subsection (a) defines the terms ``intelligence,'' 
``intelligence information'' and ``terrorism information.''
    New subsection (b) requires that within 180 days of 
enactment, the Secretary of Homeland Security establish and 
distribute a written intelligence doctrine for the intelligence 
components of the Department. The Secretary is also required to 
develop policies, standards and programs for training, 
coordination and developing lessons learned related to 
intelligence, intelligence-related information, and terrorism 
information. The lessons learned are to be distributed to the 
Department's intelligence components, and used to inform 
further development of the intelligence doctrine.
    New subsection (c) establishes the contents of the 
intelligence doctrine, which should include a description of 
the fundamental principles guiding the collection, processing, 
analysis, and dissemination of intelligence information by, and 
oversight activities for, the intelligence components of the 
Department. This subsection also requires the intelligence 
doctrine to include information on how it can be used to 
develop Department-wide training and education, including best 
practices. The intelligence doctrine must also include guidance 
on the dissemination and sharing of intelligence and 
intelligence-related information between Federal, SLTT, and 
foreign government partners, as well as with the private 
sector. In addition, the intelligence doctrine's policies, 
standards and programs must include the protection of privacy, 
civil rights, and civil liberties and must also include any 
mission statements, strategic or planning documents and all 
other related documents relevant to the guidance.
    New subsection (d) requires the intelligence doctrine, 
policies, standards and programs to be disseminated in an 
unclassified form, with a classified annex if necessary.
    New subsection (e) requires the Secretary of Homeland 
Security, one year of enactment of this Act and annually for 
four years thereafter, to review the intelligence doctrine, 
policies, standards, and programs and make any necessary 
revisions. After the required review period, the Secretary of 
Homeland Security is required to conduct reviews of the 
intelligence doctrine on an ad hoc basis and make any necessary 
revisions. Subsection (e) also contains a clerical amendment, 
amending section 1(b) of the Homeland Security Act of 2002 
(Public Law 107-296) to include this act in the table of 
contents.

Section 3. Comptroller General assessment

    Subsection (a) requires the Comptroller General of the 
United States to, within one year of enactment of this Act, 
provide a report to the Committee on Homeland Security and 
Governmental Affairs and the Select Committee on Intelligence 
of the Senate, and the Committee on Homeland Security and the 
Permanent Select Committee on Intelligence of the House of 
Representatives. The report must include an assessment of the 
implementation of the intelligence doctrine, policies, 
standards and programs and evaluate the extent privacy, civil 
rights and civil liberties protections are included in the 
doctrine. The report must also assess the effectiveness of 
intelligence and intelligence-related training programs 
provided to the intelligence components of the Department, 
including training programs that involve international and 
private sector intelligence and intelligence-related 
information.
    Subsection (b) requires the Comptroller General to assess 
changes in standards before and after the enactment of this 
Act.
    Subsection (c) requires the Secretary of Homeland Security 
to provide the Comptroller General access to all data relevant 
to the Comptroller General's responsibilities related to this 
report.

Section 4. Analysts for the Chief Intelligence Officer

    This section requires the Secretary of Homeland Security to 
provide the Chief Intelligence Officer staff with appropriate 
knowledge to assist the Chief Intelligence Officer.

Section 5. Savings clause

    Subsection (a) provides that the definition of the term 
``intelligence community,'' has the same meaning provided in 
section 3(4) of the National Security Act of 1947 (50 U.S.C. 
30003(4)).
    Subsection (b) establishes that this Act will have no 
effect on the authorities and responsibilities of the Coast 
Guard.

                   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, October 26, 2020.
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. 2589, the Unifying 
DHS Intelligence Components Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Madeleine 
Fox.
            Sincerely,
                                         Phillip L. Swagel,
                                                          Director.
    Enclosure.

    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
    

    H.R. 2589 would direct the Department of Homeland Security 
(DHS) to manage and provide guidance for the use of 
intelligence throughout the department. DHS is currently 
carrying out activities similar to those required by the act. 
Any new activities required under the legislation would not 
require substantial action by the department. The act also 
would require the Government Accountability Office to report on 
how the intelligence policies and standards are implemented 
throughout the department. In total, CBO estimates that over 
the 2021-2025 period implementing H.R. 2589 would cost less 
than $500,000; any spending would be subject to the 
availability of appropriated funds.
    On May 22, 2019, CBO transmitted a cost estimate for H.R. 
2589, the Unifying DHS Intelligence Enterprise Act, as ordered 
reported by the House Committee on Homeland Security on May 15, 
2019. The two versions of the legislation are similar, and 
CBO's estimates of their budgetary effects are the same.
    The CBO staff contact for this estimate is Madeleine Fox. 
The estimate was reviewed by H. Samuel Papenfuss, Deputy 
Director of Budget Analysis.

       VII. Changes in Existing Law Made by the Bill, as Reported

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill, 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

           *       *       *       *       *       *       *


Subtitle A--Information and analysis; Access to information

           *       *       *       *       *       *       *


SEC. 201. INFORMATION AND ANALYSIS.

    (a) * * *

           *       *       *       *       *       *       *

    (e) The Secretary shall also provide the Chief Intelligence 
Officer with a staff having appropriate expertise and 
experience to assist the Chief Intelligence Officer.

           *       *       *       *       *       *       *


SEC. 210H. HOMELAND INTELLIGENCE DOCTRINE.

    (a) Definitions.--In this section--
          (1) the term ``intelligence'' has the meaning given 
        that term in section 3 of the National Security Act of 
        1947 (50 U.S.C. 3003);
          (2) the term ``intelligence information'' includes--
                  (A) information within the scope of the 
                information sharing environment established 
                under section 1016 of the Intelligence Reform 
                and Terrorism Prevention Act of 2004 (6 U.S.C. 
                485);
                  (B) national intelligence, as defined in 
                section 3 of the National Security Act of 1947 
                (50 U.S.C. 3003); and
                  (C) any other intelligence collected, 
                gathered, processed, analyzed, produced, or 
                disseminated by an intelligence component of 
                the Department necessary to execute the mission 
                and discharge the lawful preventive, 
                protective, enforcement, or other 
                responsibilities of the Secretary; and
          (3) 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).
    (b) Developing Intelligence Doctrine.--Not later than 180 
days after the date of the enactment of this section, the 
Secretary shall--
          (1) develop and disseminate written Department-wide 
        intelligence doctrine for the intelligence components 
        of the Department;
          (2) develop Department-wide policies, standards, and 
        programs for--
                  (A) training relating to the collection, 
                processing, analysis, and dissemination of 
                intelligence information, intelligence-related 
                information, and terrorism information by 
                personnel within the intelligence components of 
                the Department; and
                  (B) coordinating the intelligence and 
                intelligence-related education of personnel 
                within the intelligence components of the 
                Department; and
          (3) develop Department-wide policies for gathering 
        and developing lessons learned relating to intelligence 
        information, intelligence-related information, and 
        terrorism information, disseminating the lessons 
        learned to personnel within the intelligence components 
        of the Department, and using the lessons learned to 
        inform the further development of the intelligence 
        doctrine.
    (c) Contents.--The intelligence doctrine, policies, 
standards, and programs required under subsection (b) shall, at 
a minimum, include the following:
          (1) A description of the fundamental principles 
        guiding the collection, processing, analysis, and 
        dissemination of intelligence information by, and 
        oversight of the intelligence activities of, the 
        intelligence components of the Department.
          (2) A standardized terminology and summary describing 
        roles, relationships, responsibilities, and processes 
        relating to the collection, processing, analysis, 
        production, and dissemination of intelligence 
        information by, and oversight of the intelligence 
        activities of, the intelligence components of the 
        Department.
          (3) The use of the intelligence doctrine as a 
        foundation for and to inform the development of the 
        Department-wide training and education referred to in 
        subsection (b)(2), and the incorporation, as 
        appropriate, of intelligence and intelligence-related 
        exercises, best practices, and lessons learned.
          (4) Guidance for the dissemination of intelligence 
        information, including within the Department, among and 
        between Federal departments and agencies, among and 
        between members of the intelligence community, among 
        and between State, local, Tribal, and Territorial 
        governments (including law enforcement agencies), with 
        foreign partners, and with the private sector.
          (5) The protection of privacy, civil rights, and 
        civil liberties in the conduct of intelligence and 
        intelligence-related activities by the intelligence 
        components of the Department.
          (6) Any mission statements, strategic and planning 
        documents, and other pertinent documents relevant to 
        the organizational structure and guidance provided to 
        the intelligence components of the Department.
    (d) Form.--The intelligence doctrine, policies, standards, 
and programs required under subsection (b) shall be 
disseminated in unclassified form, but may include a classified 
annex.
    (e) Review and Revision.--
          (1) Required reviews.--Not later than 1 year after 
        the date of enactment of this section, and every year 
        thereafter for 4 years, the Secretary shall conduct a 
        review of and, as appropriate, revise the intelligence 
        doctrine, policies, standards, and programs required 
        under subsection (b).
          (2) Subsequent reviews.--After the end of the period 
        described in paragraph (1), the Secretary shall conduct 
        a review of and, as appropriate, revise the 
        intelligence doctrine, policies, standards, and 
        programs required under subsection (b) on an as needed 
        basis.

           *       *       *       *       *       *       *


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