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[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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------

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\
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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----
                                                      ----------------------------------------------------------
                                                        2018    2019    2020    2021    2022    2023   2019-2023
----------------------------------------------------------------------------------------------------------------
                                 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
----------------------------------------------------------------------------------------------------------------

    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.

           *       *       *       *       *       *       *
```