The Department of Homeland Security Intelligence Enterprise: Operational Overview and Oversight Challenges for Congress

Congressional research reportMar 19, 2010

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The Department of Homeland Security

Intelligence Enterprise: Operational Overview

and Oversight Challenges for Congress

(name redacted)

Specialist in Organized Crime and Terrorism

March 19, 2010

Congressional Research Service

7-....

www.crs.gov

R40602

CRS Report for Congress

Prepared for Members and Committees of Congress

The Department of Homeland Security Intelligence Enterprise

Summary

The primary mission of the Department of Homeland Security (DHS, the Department) is to

“prevent terrorist attacks within the United States, reduce the vulnerability of the United States to

terrorism, and minimize the damage, and assist in the recovery from terrorist attacks that do occur

in the United States.” Since its inception in 2003, DHS has had an intelligence component to

support this mission and has been a member of the U.S. Intelligence Community (IC).

Following a major reorganization of the DHS (called the Second Stage Review or “2SR”) in July

2005, former Secretary of Homeland Security, Michael Chertoff established a strengthened Office

of Intelligence and Analysis (I&A) and made the Assistant Secretary for Information Analysis

(now Under Secretary for Intelligence and Analysis) the Chief Intelligence Officer for the

Department. He also tasked I&A with ensuring that intelligence is coordinated, fused, and

analyzed within the Department to provide a common operational picture; provide a primary

connection between DHS and the IC as a whole; and to act as a primary source of information for

state, local and private sector partners.

Today, the DHS Intelligence Enterprise (DHS IE) consists of I&A, two headquarters elements

supported by I&A, and the intelligence elements of six DHS operational components: U.S.

Customs and Border Protection (CBP), U.S. Immigration and Customs Enforcement (ICE). U.S.

Citizenship and Immigration Services (USCIS), the Transportation Security Administration

(TSA), U.S. Coast Guard (USCG), and U.S. Secret Service (USSS).

Congress made information sharing a top priority of the Department’s intelligence component in

the Homeland Security Act of 2002 and underscored its importance through the Intelligence

Reform and Terrorism Prevention Act of 2004. Since the 2SR reorganization, Congress imposed

additional requirements for intelligence analysis; information sharing; department-wide

intelligence integration; and support to state, local, tribal governments, and the private sector

through the Implementing Recommendations of the 9/11 Commission Act of 2007.

On February 11, 2010, the Senate confirmed President Obama’s selection of Caryn Wagner to

serve as Under Secretary for Intelligence and Analysis. As she assumes responsibility for the

DHS IE, Congress will likely be interested in the progress of integration of the Department’s

intelligence components and the quality and relevance of the intelligence DHS IE produces for

front line law enforcement and security officials who are responsible for protecting America and

its people. In February, DHS produced its first Quadrennial Homeland Security Review (QHSR),

a comprehensive assessment outlining its long-term strategy and priorities for homeland security

and guidance on the Department’s programs, assets, capabilities, budget, policies, and authorities.

The next step in the Department’s QHSR process is to conduct a “bottom-up review” to

systematically link strategy to program to budget. The results of that review will be particularly

important as Congress considers an authorization bill for DHS.

This report provides an overview of the DHS IE both at headquarters and within the components.

It examines how DHS IE is organized and supports key departmental activities to include

homeland security analysis and threat warning; border security; critical infrastructure protection;

support to, and the sharing of information with, state, local, tribal, and private sector partners. It

also discusses several oversight challenges and options for Congress to consider on these issues.

This report may be updated.

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Contents

Introduction ................................................................................................................................1

Office of Intelligence and Analysis (I&A) ...................................................................................4

The Homeland Security Intelligence Mission ........................................................................4

I&A Customers .....................................................................................................................5

Integrating the DHS IE..........................................................................................................6

Homeland Security Intelligence Council (HSIC) .............................................................7

Budget ............................................................................................................................7

I&A Organization..................................................................................................................8

The Analysis Mission......................................................................................................8

I&A Intelligence Products .........................................................................................9

Intelligence Support To State, Local, Tribal Officials, and the Private Sector ................. 11

State and Local Fusion Center Program................................................................... 11

Intelligence Threat Assessment and Coordination Group (ITACG) .......................... 12

Mission Integration ....................................................................................................... 14

Integrated Border Intelligence Program (IBIP) ........................................................ 15

National Applications Office (NAO). ...................................................................... 15

Homeland Infrastructure Threat and Risk Analysis Center (HITRAC) ................................. 16

Operations Coordination and Planning Directorate (OPS)—Intelligence Division................ 18

U.S. Customs and Border Protection (CBP) Intelligence Element .............................................. 20

CBP Office of Intelligence and Operations Coordination (OIOC) ........................................ 21

CBP Intelligence Support to DHS and CBP Missions. ......................................................... 21

At Ports of Entry........................................................................................................... 22

National Targeting Center (NTC) ............................................................................ 24

NTC—Passenger (NTCP) ....................................................................................... 24

NTC—Cargo (NTCC)............................................................................................. 24

Between POE’s. ............................................................................................................ 25

Border Field Intelligence Center (BORFIC) .................................................................. 26

Air and Marine Operations Center (AMOC).................................................................. 27

Intelligence Driven Special Operations (IDSO) ............................................................. 27

Immigration and Customs Enforcement (ICE) Intelligence Element .......................................... 28

Office of Intelligence .......................................................................................................... 29

Intelligence Programs Division ..................................................................................... 30

Border Violence Intelligence Cell (BVIC) ............................................................... 30

Border Enforcement Security Task Forces (BEST) .................................................. 31

Armas Cruzadas...................................................................................................... 31

Operation Firewall .................................................................................................. 31

Collection Management and Requirements Division...................................................... 32

Field Intelligence Groups (FIG) .................................................................................... 32

Human Smuggling and Trafficking Center (HSTC) ............................................................. 33

U.S. Citizenship and Immigration Services (USCIS) Intelligence Element................................. 34

The USCIS Intelligence Branch .......................................................................................... 35

Transportation Security Administration (TSA) Intelligence Element .......................................... 36

TSA Office of Intelligence (TSA-OI) .................................................................................. 37

TSA-OI Analysis .......................................................................................................... 37

Field Intelligence Officer Program ................................................................................ 38

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TSA-OI Support to TSA Security Activities ........................................................................ 39

Airline Passenger Pre-Screening ................................................................................... 39

No Fly and Selectee Lists........................................................................................ 39

Secure Flight........................................................................................................... 41

Support to the Federal Air Marshal Service (FAMS)...................................................... 42

The U.S. Coast Guard (USCG) Intelligence Element ................................................................. 43

Maritime Domain Awareness............................................................................................... 43

Coast Guard Intelligence and Criminal Investigations.......................................................... 44

Assistant Commandant for Intelligence and Criminal Investigations.................................... 45

USCG Cryptologic Program.......................................................................................... 45

Coast Guard Counterintelligence Service (CGCIS)........................................................ 46

Coast Guard Investigative Service (CGIS)..................................................................... 46

Other Key USCG Intelligence Organizations....................................................................... 46

The Coast Guard Intelligence Coordination Center (ICC) .............................................. 46

COASTWATCH ........................................................................................................... 47

Maritime Intelligence Fusion Centers (MIFC) ............................................................... 47

Area and District Intelligence Staffs .............................................................................. 47

Sector Intelligence Staffs (SIS)...................................................................................... 48

U.S. Secret Service (USSS) Protective Intelligence and Assessment Division ............................ 48

USSS Organizational Structure............................................................................................ 49

Protective Intelligence and Assessment Division (PID)........................................................ 49

National Threat Assessment Center (NTAC)........................................................................ 50

Oversight Challenges and Options for Congress ........................................................................ 51

Support to State and Local Fusion Centers .......................................................................... 52

Joint Fusion Center Program Management Office (JFC PMO)....................................... 52

Sustainment Funding..................................................................................................... 52

Information Technology Infrastructure .......................................................................... 53

Quadrennial Homeland Security Review (QHSR) ............................................................... 53

Evolving Risks.................................................................................................................... 54

Figures

Figure 1. Current Department of Homeland Security Organization ..............................................2

Figure 2. Office of Intelligence and Analysis Organizational Chart ..............................................9

Figure 3. Homeland Infrastructure Threat and Risk Analysis Center (HITRAC)......................... 17

Figure 4. Directorate of Operations Coordination and Planning Organization ............................ 19

Contacts

Author Contact Information ...................................................................................................... 57

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Introduction

A primary mission of the Department of Homeland Security (DHS, Department) is to “prevent

terrorist attacks within the United States, reduce the vulnerability of the United States to

terrorism, and minimize the damage, and assist in the recovery from terrorist attacks that do occur

in the United States.1 The current organization of the Department is displayed at Figure 1.

To support this mission, DHS has had an intelligence component since its inception in 2003. The

Homeland Security Act of 2002, assigned the original DHS intelligence component—the

Directorate of Information Analysis and Infrastructure Protection—with responsibility to receive,

analyze, and integrate law enforcement and intelligence information in order to— “(A) identify

and assess the nature and scope of terrorist threats to the homeland; (B) detect and identify threats

of terrorism against the United States; and (C) understand such threats in light of actual and

potential vulnerabilities of the homeland.”2

Congress also made information sharing a top priority of the new DHS intelligence organization,

requiring it “to disseminate, as appropriate, information analyzed by the Department within the

Department, to other agencies of the Federal government with responsibilities related to

homeland security, and to agencies of State and local government and private sector entities, with

such responsibilities in order to assist in the deterrence, prevention, preemption of, or response to,

terrorist attacks against the United States.”3

Following the release of the 9/11 Commission Report in 2004, which identified a breakdown in

information sharing as a key factor contributing to the failure to prevent the September 11, 2001

attacks,4 Congress underscored the importance it attached to information sharing at all levels of

government. The Intelligence Reform and Terrorism Prevention Act of 20045 required the

President to “create an information sharing environment for the sharing of terrorism information

in a manner consistent with national security and with applicable legal standards relating to

privacy and civil liberties,”6 and “to designate an individual as the program manager responsible

for information sharing across the Federal Government.”7

In July 2005, following “a systematic evaluation of the Department’s operations, policies and

structures”8 (commonly called the Second Stage Review or “2SR”), former Secretary of

Homeland Security, Michael Chertoff, initiated a major reorganization of DHS. In his remarks

describing the reorganization, he noted that “…intelligence lies at the heart of everything that we

1

P.L. 107-296, Nov. 25, 2002, §101b(1), 116 STAT. 2142.

Ibid., §201d(9), 116 STAT. 2147.

3

Ibid., §201d(1), 116 STAT. 2146.

4

National Commission on Terrorist Attacks Upon the United States, The 9/11 Commission Report, July 22, 2004,

pp. 353-356 and 416-418. http://www.9-11commission.gov. Hereafter: 9/11 Commission Report.

5

P.L. 108-458, Dec. 17, 2004.

6

Ibid, §1016b(1), 118 STAT. 3665.

2

7

Ibid, §1016f(1), 118 STAT. 3667. The Program Manager-Information Sharing Environment (PM-ISE), is functionally

aligned within the Office of the Director of National Intelligence (ODNI).

8

DHS, “Secretary Michael Chertoff U.S. DHS Second Stage Review Remarks,” press release, July 13, 2005.

http://www.dhs.gov/xnews/speeches/speech_0255.shtm. Hereafter: Chertoff, “DHS Second Stage Review Remarks.”

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do.”9 In an effort to improve how DHS manages its intelligence and information sharing

responsibilities, he established a strengthened Office of Intelligence and Analysis (I&A) and

made the Assistant Secretary for Information Analysis (now Under Secretary for Intelligence and

Analysis) the Chief Intelligence Officer (CINT) for the Department. He also tasked I&A with

ensuring that intelligence is coordinated, fused, and analyzed within the Department to provide a

common operational picture; provide a primary connection between DHS and the Intelligence

Community (IC) as a whole; and to act as a primary source of information for state, local and

private sector partners. 10

Figure 1. Current Department of Homeland Security Organization

Source: DHS, July 18, 2008.

In testimony to a House of Representatives hearing shortly after his selection, the first DHS

CINT, stated that “[m]y goal and my role as chief intelligence officer is to see that Homeland

Security intelligence, a blend of traditional and nontraditional intelligence that produces unique

and actionable insights, takes its place along the other kinds of intelligence as an indispensable

tool for securing the nation. 11

9

Ibid.

Ibid.

11

U.S. Congress, Joint Hearing of the Intelligence, Information Sharing, and Risk Assessment Subcommittee of the

House Committee on Homeland Security and the Terrorism, Human Intelligence, Analysis, and Counterintelligence

Subcommittee of the House Permanent Select Committee on Intelligence, “DHS Second Stage Review: The Role of the

Chief Intelligence Officer,” Testimony of Charles Allen, DHS Chief Intelligence Officer, 109th Cong., 2nd sess.,

October 19, 2005. Hereafter: Allen Testimony, Oct. 19, 2005.

10

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He also set five priorities: Improving the quality of intelligence analysis across the department;

integrating the DHS IE; strengthening support to state, local, and tribal authorities and the private

sector; ensuring that DHS IE takes its place in the IC; and solidifying the relationship with the

Congress; and improving transparency and responsiveness.12

Since the 2SR reorganization, Congress imposed additional requirements on DHS through the

Implementing Recommendations of the 9/11 Commission Act of 2007:13

•

Integrate information and standardize the format of intelligence products

produced within DHS and its components.14

•

Establish department-wide procedures for review and analysis of information

provided by state, local, tribal, and private sector elements; integrate that

information into DHS intelligence products, and disseminate to Federal partners

within the Intelligence Community.15

•

Evaluate how DHS components are utilizing homeland security information and

participating in the Information Sharing Environment. 16

•

Establish a comprehensive information technology network architecture to

connect various DHS elements and promote information sharing. 17

•

Establish a DHS State, Local, and Regional Fusion Center Initiative to establish

partnerships with state, local, and regional fusion centers.18

•

Coordinate and oversee the creation of an Interagency Threat Assessment and

Coordination Group that will bring state, local, and tribal law enforcement and

intelligence analysts “to work in the National Counterterrorism Center (NCTC)19

with Federal intelligence analysts for the purpose of integrating, analyzing and

assisting in the dissemination of federally-coordinated information….”20

The DHS IE consists of those elements within DHS that have an intelligence mission. These

include I&A, the Homeland Infrastructure Threat and Risk Analysis Center, and the Intelligence

Division of the Office of Operations Coordination and Planning (all located at the DHS

headquarters), and the intelligence elements of six operational components: U.S. Customs and

Border Protection (CBP), U.S. Immigration and Customs Enforcement (ICE), U.S. Citizenship

and Immigration Services (USCIS), Transportation Security Administration (TSA), U.S. Coast

12

Ibid.

P.L. 110-53, Aug. 3, 2007.

14

Ibid, §204a, 121 STAT. 307.

15

Ibid, §204(c)(1)A, 121 STAT. 307.

16

Ibid, §204(d)(2)A, 121 STAT. 308.

17

Ibid, §205a, 121 STAT. 308.

18

Ibid, §511, 121 STAT. 317-18.

13

19

NCTC was established by Executive Order (E.O.) 13354 in Aug. 2004, and codified in Section 1021 of the

Intelligence Reform and Terrorism Prevention Act of 2004. It is the primary U.S. Government organization for

integrating and analyzing all intelligence pertaining to counterterrorism (except for information pertaining exclusively

to domestic terrorism). Through its Directorate of Strategic Operational Planning, it is also the executive branch lead

for counterterrorism planning. See NCTC, About the National Counterterrorism Center. http://www.nctc.gov/about_us/

about_nctc.html

20

P.L. 110-53, §521, 121 STAT. 328.

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Guard (USCG), and U.S. Secret Service (USSS). The Department and USCG are statutory

members of the IC. 21

On February 11, 2010, the Senate confirmed President Obama’s selection of Caryn Wagner to

serve as Under Secretary for Intelligence and Analysis. As she assumes responsibility for the

DHS IE, Congress will likely be interested in the progress of integration of the Department’s

intelligence components and the quality and relevance of the intelligence DHS IE produces for

front line law enforcement and security officials who are responsible for protecting America and

its people.

Also in February, DHS published its first Quadrennial Homeland Security Review (QHSR),22 a

comprehensive assessment outlining its long-term strategy and priorities for homeland security

and guidance on the Department’s programs, assets, capabilities, budget, policies, and authorities.

The next step in the Department’s QHSR process is to conduct a “bottom-up review” to

systematically link strategy to program to budget. The results of that review will be particularly

important as Congress considers an authorization bill for DHS.

Some have argued that there is a broad homeland security intelligence enterprise that

encompasses not only the DHS IE, but other organizations at the Federal, state, local, tribal, and

private sector levels that collect and analyze homeland security information and disseminate

intelligence products. This report will focus on the DHS IE both at headquarters and within the

components; how it is organized; and how it supports key departmental activities to include

homeland security analysis and threat warning, border security, critical infrastructure protection,

and support to and the sharing of information with state, local, tribal, and private sector partners.

It will also discuss oversight challenges and options for Congress to consider on these issues.

Office of Intelligence and Analysis (I&A)

The Homeland Security Intelligence Mission

According to its December 2009 Strategy, the mission of I&A is “To strengthen DHS and its

partners’ ability to perform homeland security functions by accessing, integrating, analyzing, and

sharing timely and relevant intelligence and information, while protecting the privacy, civil rights,

and civil liberties of the people I&A serves.23 It accomplishes this by ensuring that information

related to homeland security threats is collected, analyzed, and disseminated to the full spectrum

of homeland security customers in the Department, at state, local, and tribal levels, in the private

sector, and in the IC.”24 The Under Secretary for I&A is the Chief Intelligence Officer for the

Department and is responsible to lead I&A and the entire DHS IE. The Under Secretary is also

21

There are 16 statutory members of the IC: the Departments of Energy, Justice (Drug Enforcement Administration),

Homeland Security, State, and Treasury; the Central Intelligence Agency, Defense Intelligence Agency, Federal

Bureau of Investigation, National Geospatial-Intelligence Agency, National Reconnaissance Office, National Security

Agency; and the intelligence components of the U.S. Army, Navy, Marines, Air Force, and Coast Guard. See 50 U.S.C.

401a(4)(k).

22

DHS, Quadrennial Homeland Security Review Report: A Strategic Framework for a Secure Homeland,

February 2010. Available at http://www.dhs.gov/xlibrary/assets/qhsr_report.pdf. Hereafter: DHS QHSR Report.

23

DHS Office of Intelligence and Analysis Strategy, Dec. 2009. Hereafter: I&A Strategy, Dec. 2009.

24

DHS, Office of Intelligence and Analysis. http://www.dhs.gov/xabout/structure/gc_1220886590914.shtm.

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the Department’s chief information sharing officer and is responsible for implementing the

objectives of the PM-ISE within DHS.25

To accomplish its mission, I&A participates in all aspects of the intelligence cycle“ – the process

by which information is acquired, converted into finished intelligence, and made available to

policymakers. Generally the cycle comprises five steps: planning and direction, collection,

processing, analysis, and production and dissemination.”26 It is an iterative process in which

collection requirements based on national security threats are developed, and intelligence is

collected, analyzed, and disseminated to a broad range of consumers.

DHS does not generally engage in traditional foreign intelligence collection activities such as

imagery intelligence, signals intelligence, human intelligence, measurement and signatures

intelligence, and foreign open source intelligence. 27 But, as former Secretary Chertoff has noted:

Intelligence, as you know, is not only about spies and satellites. Intelligence is about the

thousands and thousands of routine, everyday observations and activities. Surveillance,

interactions—each of which may be taken in isolation as not a particularly meaningful piece

of information, but when fused together, gives us a sense of the patterns and the flow that

really is at the core of what intelligence analysis is all about....28

I&A combines the unique information collected by DHS components as part of their operational

activities (e.g., at airports, seaports, and the border) with foreign intelligence from the IC; law

enforcement information from Federal, state, local, and tribal sources; private sector data about

critical infrastructure and key resources; and information from domestic open sources to develop

homeland security intelligence. 29 This encompasses a broad range of homeland security threats. It

includes border security information to counter human smuggling and trafficking, cargo data to

prevent the introduction of dangerous items, information to protect critical infrastructure against

all hazards, information about infectious diseases, and demographic data and other research about

‘violent radicalization.’30

I&A Customers

The DHS I&A Strategy identifies its core customers as the President; Secretary of Homeland

Security; DHS Components; State, Local, Tribal, and Private Sector Partners (through State and

Major Urban Area Fusion Centers); the IC; and Federal Interagency Partners.31 In short, I&A’s

25

Office of Management and Budget, Budget of the United States Government: Fiscal Year 2010, (Washington, DC:

U.S. Government Printing Office, 2009), p. 507. Hereafter: OMB: USG FY10 Budget.

26

Jeffrey T. Richelson, The U.S. Intelligence Community, 5th ed, (Boulder, CO: Westview Press, 2008), pp. 3-4.

Hereafter: Richelson, The U.S. Intelligence Community.

27

For a detailed description of each of these collection disciplines, see Ibid, chapters 7-12.

28

Chertoff, “DHS Second Stage Review Remarks.”

29

For a discussion of the concept of homeland security intelligence, see CRS Report RL33616, Homeland Security

Intelligence: Perceptions, Statutory Definitions, and Approaches, by (name redacted).

30

Congress has defined ‘violent radicalization’ as “the process of adopting or promoting an extremist belief system for

the purpose of facilitating ideologically based violence to advance political, religious, or social change.” H.R. 1955,

Violent Radicalization and Homegrown Terrorism Prevention Act of 2007, §899(a)(2).

31

I&A Strategy, Dec. 2009.

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customers range from the Chief Executive all the way to individual border patrol agents, Coast

Guard seamen, and airport screeners.

According to Under Secretary Wagner, “A primary role of I&A is to share intelligence and

information with our partners at the state, local, tribal, and private sector levels. It is our job to

meaningfully convert what may appear to be bits of unrelated information into a product that

helps protect our communities.”32 State, local, and tribal law enforcement are “first preventers” of

terrorism and require timely and actionable intelligence to respond to threats. They also need

intelligence about the latest terrorist tactics and techniques so that they know what to look for and

what to do when they encounter suspicious behavior or dangerous items. In addition, I&A

supports the operators of the nation’s publicly and privately-owned critical infrastructure with

threat information and other intelligence that supports their risk management decision making.

Former Under Secretary Charles Allen noted that “virtually any terrorist attack on the homeland

that one can imagine must exploit a border crossing, a port of entry, a critical infrastructure, or

one of the other domains that the department has an obligation to secure. DHS Intelligence must

learn and adapt faster than the enemy, so that our department with all its partners in the federal,

state, and local levels of government and the private sector have the information edge they need

to secure our nation.”33

I&A is a full partner within the IC and represents DHS on several IC committees. The Under

Secretary, for example, is a member of the Director of National Intelligence (DNI)34 Executive

Committee. I&A contributes analytic staff to the National Counterterrorism Center (NCTC). The

office also contributes items to the President’s Daily Brief35 providing a unique homeland security

perspective on terrorism and other threats to the United States to the nation’s leaders.

Integrating the DHS IE

Among the many challenges for DHS since its founding has been the integration of 22 legacy and

newly-created agencies. This also includes the integration of intelligence activities of the

Department’s operational components whose intelligence organizations predate the establishment

of DHS. These intelligence elements were created to support the operational missions of their

respective components and were tailored accordingly.

One of the objectives of the Department’s 2005 2SR reorganization was to enhance integration to

include its intelligence effort. The Under Secretary for I&A is also the Chief Intelligence Officer

for the entire Department. Congress also made the Under Secretary responsible to “establish the

32

U.S. Congress, House Committee on Appropriations, Subcommittee on Homeland Security, DHS Intelligence

Programs and the Effectiveness of State and Local Fusion Centers, Statement of Caryn Wagner, Under Secretary for

Intelligence and Analysis, 111th Cong., 2nd sess., Mar. 4, 2010, p. 3. Hereafter: Wagner Testimony, Mar. 4, 2010.

33

Allen Testimony, Oct. 19, 2005.

34

The DNI serves as the head of the IC and is the principal advisor to the President, the National Security Council, and

the Homeland Security Council for intelligence matters related to national security. The position was created by

Congress in Section 1011 of the Intelligence Reform and Terrorism Prevention Act of 2004. The DNI Executive

Committee consists of the heads of the IC member agencies.

35

The PDB compiles the IC’s highest level intelligence analysis targeted at the key national security issues and

concerns of the President. It is given only to the President, the Vice President, and a very select group of Cabinet-level

officials designated by the President. See CIA, “Directorate of Intelligence Products.” https://www.cia.gov/offices-ofcia/intelligence-analysis/products.html

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intelligence collection, processing, analysis, and dissemination priorities, policies, processes,

standards, guidelines, and procedures for the intelligence components of the Department.”36

Homeland Security Intelligence Council (HSIC)

The heads of the DHS intelligence components do not report to the Under Secretary, but to their

respective component chiefs. However, pursuant to the Implementing Recommendations of the

9/11 Commission Act of 2007, they are required to advise and coordinate closely with the Under

Secretary on their activities in support of the intelligence mission of the Department. 37

The HSIC was established to serve as the mechanism to provide senior-level direction for

Department-wide intelligence activities and to promote integration efforts. It is chaired by the

Under Secretary and is comprised of the key intelligence officials in applicable DHS components.

In March 2010 testimony, Under Secretary Wagner, stated that the HSIC “... now reflects a

broader range of DHS activities that require intelligence support” and

... is focused on governance-level, enterprise-wide objectives, such as collaboratively

defining intelligence activities for the Department’s Bottom Up Review; and developing new

tools for conducting DHS Intelligence Enterprise program reviews. The HSIC oversaw the

completion of the first coordinated, Enterprise-wide analytic production plan, which builds

on the expertise of the operational components to produce products in their areas, deconflicts

competing efforts, and helps focus analytic efforts on QHSR priorities.38

Budget

I&A is funded through the classified National Intelligence Program (NIP), formerly known as the

National Foreign Intelligence Program. For budgetary purposes, intelligence spending is divided

between the NIP; and the Military Intelligence Program that supports the Secretary of Defense’s

intelligence- and counterintelligence-related responsibilities. 39 The DNI does not publicly

disclose details about the intelligence budget,40 but consistent with Section 601 of the

Implementing Recommendations of the 9/11 Commission Act of 2007 (P.L. 110-53), the DNI

reported that the aggregate amount appropriated to the NIP for FY2009 was $49.8 billion. 41

As part of its responsibility to integrate Department intelligence activities, the Under Secretary

for I&A is responsible for presenting a consolidated intelligence budget to the Secretary. DHS

operational component intelligence activities are generally not part of the NIP—therefore they are

not classified—with the exception of the activities of the Coast Guard’s National Intelligence

36

P.L. 110-53, August 3, 2007, §531, 121 STAT. 3332-3. Amends §201 of the Homeland Security Act of 2002 by

adding paragraphs 18 and 19.

37

Ibid, §503, 121 STAT. 311-2. Amends the Homeland Security Act of 2002 by adding §207.

38

Wagner Testimony, Mar. 4, 2010, p. 5.

39

DOD Financial Management Regulation 7000.14_R, June 2007, p. 16-2. http://www.fas.org/irp/agency/dod/

finman.pdf.

40

The bulk of overall intelligence spending is contained within the DOD budget. Spending for most intelligence

programs is described in classified annexes to intelligence and national defense authorization and appropriations

legislation. All Members of Congress have access to these annexes, but must make special arrangements to read them.

See DNI, The Intelligence Budget Process. http://www.intelligence.gov/2-business_nfip.shtml

41

Office of the DNI News Release No. 33-09, “DNI Releases Budget Figure for 2009 National Intelligence Program,”

Oct. 30, 2009.

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Element.42 Those budgets are listed within each component’s appropriation, however they are

generally co-mingled with other operational activities.43 Within the FY2009 homeland security

appropriation, the total I&A budget figure (classified) is combined with the budget figure for

operational activities (unclassified) within the Analysis and Operations category.44

I&A Organization

I&A is led by an Under Secretary, a position subject to Senate confirmation. The Under Secretary

also serves as the department’s Chief Intelligence Officer. Caryn Wagner assumed this position on

February 11, 2010. The Under Secretary is supported by a Principal Deputy Under Secretary,

currently Mr. Bart R. Johnson, who served as Acting Under Secretary from May 2009-February

2010.

The current I&A organization is at Figure 2. However to support the strategic goals of its

December 2009 Strategy and the homeland security missions described in the Department’s

QHSR report, I&A intends to realign organizationally in 2010.

The Analysis Mission

I&A is focused on five “analytic thrusts” aligned with the principal threats to the Homeland:45

border security, including narcotics trafficking, alien and human smuggling, and money

laundering; radicalization and extremism; particular groups entering the United States that could

be exploited by terrorists or criminals; critical infrastructure and key resources; and weapons of

mass destruction (WMD) and health threats.

Following a 2009 comprehensive evaluation of its analytic capabilities and functions, I&A has

informed Congress that its analysis and production resources have been prioritized to:

•

Realign analytic resources to improve and expand support to [the] state, local,

and tribal consumer base.

•

Develop an analytic capability and methodology for assessing Suspicious

Activity Reporting data.

•

Create a centralized analysis group to meet the intelligence and information

needs of the Secretary and Department components, including improved

coordination and information sharing.

•

Augment [the] border security analytic capability.

•

Strengthen our collaboration and consultation with other producers of

intelligence and information products.46

42

For a discussion of the USCG National Intelligence Element, see the USCG section of this report.

See CRS Report R40642, Homeland Security Department: FY2010 Appropriations, coordinated by (name redacted)

and (name redacted).

44

Ibid, Table 6, p. 10.

45

DHS I&A, “Homeland Security Analytic Priorities.” http://www.dhs.gov/xabout/structure/gc_1220886590914.shtm

46

U.S. Congress, House Committee on Homeland Security, Subcommittee on Intelligence, Information Sharing, and

Terrorism Risk Assessment, I&A Reconceived: Defining a Homeland Security Intelligence Role, Statement of Bart. R.

(continued...)

43

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Figure 2. Office of Intelligence and Analysis Organizational Chart

Source: DHS I&A, March 2009.

I&A Intelligence Products

I&A produces numerous products for its customers. In 2008, there was a realignment and

standardization of the I&A finished intelligence product line which now include:

•

Homeland Security Threat Assessment (HSTA). This is an annual threat

assessment that represents the analytical judgments of DHS and assesses the

major threats to the homeland for which the nation must prepare and respond.

This includes the actions, capabilities, and intentions of domestic and foreign

terrorists and extremists and the possible occurrence of systemic threats. It

focuses on domestic extremists, international terrorists operating in the homeland

or directing attacks against it, and systemic threats such as pandemics and

transnational criminal organizations.47 The HSTA is produced in classified and

“Unclassified/For Official Use Only” versions.

•

Intelligence Warning. Contains urgent intelligence.

•

Intelligence Note. Contains timely information or analysis on a current topic.

•

Homeland Security Assessment. Consists of in-depth analysis on a topic.

•

Homeland Security Monitors. These are produced monthly in collaboration with

the components and may be classified or unclassified. Examples include:

•

Border Security Monitor

(...continued)

Johnson, Acting Under Secretary for Intelligence and Analysis, 111th Cong., 1st sess., Sep. 24, 2009, pp. 7-8. Hereafter:

Johnson Testimony, Sep. 24, 2009.

47

DHS, Homeland Security Threat Assessment, Executive Summary, Aug 2007, p. 1.

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•

Cyber Security Monitor

•

Cuba-Gram

•

Reference Aids. These are less analytical and more descriptive. For example, they

might describe what an anthrax lab looks like or the latest on improvised

explosive devices (IED) and fuses. They contain photos and diagrams and inform

law enforcement and first responders what to look for and what actions to take if

they are encountered.

•

Perspective. These are longer term analytic pieces.

•

Joint Homeland Security Assessment/FBI Intelligence Bulletin. These are joint

reports done in conjunction with the FBI.

I&A also produces Homeland Intelligence Reports (HIR) which contain information that has yet

to be fully evaluated. These are similar to the Intelligence Information Report (IIR)48 produced by

other IC agencies. An HIR could contain information related to border encounters, information

shared by a state or local fusion center, or other information of homeland security interest. There

are also Homeland Security Intelligence Reports (HSIR) that are produced by the DHS

component agencies. HSIR’s, however, do contain some analysis.

I&A makes the products of its analysis available to state and local officials through classified and

unclassified intelligence networks:49 The Homeland Security Information Network (HSIN) is a

secured, web-based platform that facilitates Sensitive But Unclassified information sharing and

collaboration between federal, state, local, tribal, private sector, and international partners. It is

managed by the DHS Directorate of Operations Coordination and Planning. The HSIN platform

was created to interface with existing information sharing networks to support the diverse

communities of interest engaged in preventing, protecting from, responding to, and recovering

from all threats, hazards and incidents under the jurisdiction of DHS.50 It provides real-time,

interactive connectivity between states and major urban areas and the National Operations Center

(NOC).51

There are five community of interest portals on HSIN: Emergency Management, Critical Sectors,

Law Enforcement, Multi-Mission Agencies, and Intelligence and Analysis (HSIN-Intelligence).

The latter portal provides state, local, and tribal authorities access to unclassified intelligence

products. The Homeland Security State and Local Intelligence Community of Interest (HS-SLIC)

is a nationwide, virtual community of intelligence analysts that operates on a special portal on the

HSIN network. The system contains collaborative tools such as discussion thread, chat tool, and

secure messaging through which analysts collaborate. HS-SLIC has members from 45 states, the

48

An IIR is the primary vehicle used to provide human intelligence information to the consumer. It utilizes a message

format structure that supports automated data entry into intelligence community databases. See JP 1-02, DOD

Dictionary of Military and Associated Terms, Apr. 12, 2001, (as amended Oct. 17, 2008), p. 271. http://www.dtic.mil/

doctrine/jel/doddict/. Hereafter: DOD Dictionary.

49

Allen Testimony, Sep. 24, 2008.

50

See DHS, HSIN, Feb. 10, 2009. http://www.dhs.gov/xinfoshare/programs/gc_1156888108137.shtm

51

The NOC, located at the DHS Headquarters in Washington, D.C., operates on a 24/7 basis as the primary nationallevel hub for domestic incident management, operations coordination, and situational awareness. It is staffed by

numerous Federal, state, and local agencies and fuses law enforcement, national intelligence, emergency response and

private sector reporting. The NOC also has an Intelligence Watch and Warning (IWW) cell staffed with analysts from

I&A. See OMB: USG FY10 Budget, p. 507.

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District of Columbia, and seven Federal agencies. The Under Secretary has established a

governance board for HS-SLIC with strong participation by state and local officials.

The Homeland Secure Data Network (HSDN) provides access to collateral Secret-level terrorismrelated information. This includes NCTC Online, a classified repository that serves as the

counterterrorism community’s library of terrorism information. 52 I&A has deployed HSDN

terminals to 33 state and local fusion centers and intends to install terminals in all of the fusion

centers as soon as security requirements are met.53

Intelligence Support To State, Local, Tribal Officials, and the Private Sector

A longstanding challenge for the department is the focus of I&A analysis and the

relevance of its products to state, local, tribal, and private sector customers.54 For

example, at a homeland security forum in early 2008, some state and local participants

expressed unhappiness with the flow of intelligence from DHS. According to the forum’s

findings, published in the journal Homeland Security Affairs, “[t]he Department had

become ‘irrelevant’ to states and localities as a source of intelligence, because that

intelligence lacks timeliness and adds so little value to local terrorism efforts. Another

participant noted that ‘the stream of intelligence from DHS is useless ... ’”55 Among

efforts to address the issue, former Under Secretary Allen established a State and Local

Fusion Center (SLFC) Pilot Project Team in 2006 to work with six fusion centers56 in five

states to enhance DHS support.

State and Local Fusion Center Program

In an effort to strengthen intelligence and information sharing and analysis capabilities following

the 9/11 attacks, states and major urban areas established intelligence fusion centers.57 Congress

has defined fusion centers as a “collaborative effort of two 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.”58 At the end of 2009, there were 72 DHS/FBI designated state and

Urban Area Security Initiative (UASI) fusion centers.59

52

NCTC, NCTC and Information Sharing, September 2006. http://74.125.95.132/search?q=cache:7wjkyv3tA0J:www.nctc.gov/docs/report_card_final.pdf+NCTC+Online&cd=1&hl=en&ct=clnk&gl=us

53

Wagner Testimony, Mar. 4, 2010. p. 3.

54

The Government Accountability Office (GAO) has ongoing work regarding I&A’s efforts to support information

sharing with state, local, and tribal government agencies. GAO expects to report on the results of this work later in

2010.

55

Paul Stockton and Patrick S. Roberts, “Findings from the Forum on Homeland Security After the Bush

Administration: Next Steps in Building Unity of Effort,” Homeland Security Affairs, Vol. IV, No. 2,, June 2008, p.6.

56

Pilot sites were the Boston Regional Intelligence Center and the Commonwealth Fusion Center in Massachusetts, the

Florida Fusion Center, the New York State Intelligence Center, the Statewide Terrorism and Intelligence Center in

Illinois, and the Regional Terrorism Threat Analysis Center in Sacramento, California.

57

For a full discussion of fusion centers, see CRS Report RL34070, Fusion Centers: Issues and Options for Congress,

by John Rollins. For an informative discussion of one of the earliest efforts at local law enforcement collaboration and

intelligence fusion and analysis, see John Sullivan and Alain Bauer, Los Angeles Terrorist Early Warning Group,

published by the Los Angeles County Sheriff’s Department in 2008.

58

P.L. 110-53, §511, 121 STAT. 322. Amends Homeland Security Act of 2002 by adding §210A(j).

59

National Criminal Intelligence Resource Center; Tallahassee, Florida; Nov. 4, 2009.

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Congress mandated that DHS support fusion centers in the Implementing Recommendations of

the 9/11 Commission Act of 2007.60 Through the DHS State, Local, and Regional Fusion Center

Initiative, I&A supports these centers by providing operational, analytic, reporting, and

management advice and assistance; training; information technology systems and connectivity;

and intelligence officers and analysts to participating fusion centers to the maximum extent

practicable.61

I&A intelligence officers assigned to fusion centers are responsible for providing intelligence

support, including briefings to state and local officials; reviewing and analyzing suspicious

activity reports and writing HIRs based on state and local information; supporting the

development of state and local intelligence products; posting material on the HSDN and the HSSLIC portal; and reaching back to I&A for intelligence products and IT resources.

As of March 2010, there are 57 officers deployed to fusion centers and Under Secretary Wagner

has stated that DHS plans to deploy a total of 76 officers (there would be more than one officer at

some fusion centers) by the end of FY2010.62 In interviews of several fusion center directors for

this report, those that had I&A officers assigned to their centers were pleased with the

contributions they were making. The directors who did not have an officer assigned were anxious

to get one. 63

Intelligence Threat Assessment and Coordination Group (ITACG)

Another program intended to improve the focus, relevance, and accessibility of federal

intelligence products for state, local, and tribal officials is the ITACG. In 2007, Congress amended

the Homeland Security Act by directing the establishment of the ITACG at NCTC to “improve

information sharing within the scope of the Information Sharing Environment ...with state, local,

tribal, and private sector officials.”64 Among the objectives of the ITACG is to provide a formal

mechanism to inject a state, local, tribal and private sector perspective about the types of

intelligence products they need and how these products should be produced and disseminated in

order to be of greatest value for these officials.

The ITACG consists of two elements, an ITACG Advisory Council to set policy and develop

processes for the integration, analysis and dissemination of federally-coordinated information;

and an ITACG Detail comprised of state, local, and tribal homeland security and law enforcement

officers and intelligence analysts detailed to work at NCTC with federal intelligence analysts.65

The Under Secretary for I&A, as the Secretary’s designee, was directed to establish and maintain

the ITACG Detail and assign a senior intelligence officer from the department, who would report

directly to the Director of NCTC and manage the Detail on a day-to-day basis.66

60

P.L. 110-53, §511, 121 STAT. 318. Amends Homeland Security Act of 2002 by adding §210A(a).

Ibid. 121 STAT. 319. Amends Homeland Security Act of 2002 by adding §210A(b) and (c).

62

Wagner Testimony, Mar. 4, 2010. p. 3.

63

Comments to CRS by state and local officials, 2008.

64

P.L. 110-53, §521, 121 STAT. 328. Amends Homeland Security Act of 2002 by adding §210D(a).

65

Ibid. Amends Homeland Security Act of 2002 by adding §210D(b).

66

Ibid, 121 STAT. 330. Amends Homeland Security Act of 2002 by adding §210E.

61

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One historical barrier to the sharing of intelligence information with state, local, and tribal

officials has been the need to protect the sources and methods used to obtain the intelligence

information. The requirement for security clearances and “the need to know” principle have been

cited as impediments to access by these officials. But, as one observer has pointed out, “The local

deputy or officer is not interested in the sources of the information nor the means that were

utilized to obtain it. The deputy or officer does need the tactic, technique, procedure, method, or

resource being reported on to ensure he or she recognizes precursors of an attack when

encountered on the streets.”67 The ITACG Detail is intended to educate and advise NCTC

analysts about state, local, tribal, and private sector requirements, and then assist those analysts in

the preparation of versions of the products at the lowest possible level of classification to make

them accessible to those customers.

As of November 2009, the Detail consists of five state and local law enforcement officers and a

fire services officer. The Detail and the Advisory Council have agreed on the need for increased

representation, specifically in the areas of tribal operations; homeland security planning and

operations at the State and local level; health and human services; and State and local intelligence

analysis. The intent is to grow the ITACG Detail to a full complement of ten SLT

representatives.68

The ITACG Detail has been operational since late January 2008, so it may be too early to judge

how effective it has been in influencing the IC’s production and dissemination of intelligence

products at a level of classification useful for state, local, tribal, and private sector consumers. In

its November 2009 report to Congress on the ITACG, the PM-ISE reported the following

achievements of the ITACG detail:69

•

Informs and helps shape IC products for state and local agencies by reviewing,

and when appropriate, providing comments during the drafting phase of the

process. Since its inception, the Detail has participated in the production of 214

intelligence products.

•

Created the Roll Call Release (RCR), a collaborative For Official Use Only

(FOUO) product produced by DHS, FBI, and the Detail. The product is written

specifically for state, local, and tribal (SLT) “street-level” first responders and

focuses on terrorist tactics, techniques, procedures, terrorism trends, and

indicators of suspicious activity. The success of this product can be measured by

its incorporation into SLT-created publications and from the interest the product

has also drawn from international law enforcement partners. Since the product

line was created in December 2008, 26 RCRs have been published.

•

Works closely with NCTC’s Operations Center in the preparation of the

Terrorism Summary (TERRSUM). The TERRSUM is a daily, SECRET- level

digest of intelligence deemed to be of potential interest to SLT entities. Since its

inception in June 2008, over 350 TERRSUM products have been published.

67

U.S. Congress, House Committee on Homeland Security, Subcommittee on Intelligence, Information Sharing, and

Terrorism Risk Assessment, A Report Card on Homeland Security Information Sharing, Testimony of Lee Baca,

Sheriff, Los Angeles County, 110th Cong., 2nd sess., September 24, 2008, p. 3.

68

Program Manager for the Information Sharing Environment; Report on the ITACG, Second Report for the Congress

of the United States, the Secretary of Homeland Security, the Attorney General, and the Director of National

Intelligence, Nov. 2009, pp. 6-7. http://www.ise.gov/docs/ITACG_Status_Report_PM_ISE_FINAL_24Nov09.pdf

69

Ibid, pp. 10-11.

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Approximately 45 percent of the articles included in the TERRSUMs have been

suggested by the ITACG Detail.

•

The ITACG Intelligence Guide for First Responders was developed by SLT and

federal members of the ITACG to assist SLT first responders in accessing and

understanding federal intelligence reporting. The guide helps first responders

understand IC jargon and acronyms, provides awareness of what information is

available to them, how to access this information, and to help them understand

threat reporting. The guide has been posted to several Internet websites and

official unclassified portals. In addition, the guide has been mailed to over 16,000

police departments and 32,000 fire departments across the United States, Guam,

Puerto Rico, and the Virgin Islands.

A senior police official at a major police department commented that “the ITACG is a good step

forward, but the problem is that the IC still has a ‘Cold War’ mindset. The culture needs to

change.” He did, however, acknowledge being told by a law enforcement member of the ITACG

Detail that “when he [the Detail member] reviews products and highlights things, ‘the light bulbs

are coming on at NCTC.’ It is beginning to manifest itself in how the product is written, focusing

on the right priorities.”70

However, one senior police official is concerned that “the ITACG is limited to editing intelligence

and returning those products to originating agencies where the information may or may not reach

state and local law enforcement personnel.”71 This police official recommends that the ITACG

“be authorized as an approved dissemination point for state and local fusion centers nationwide.

ITACG liaison personnel are necessary to maintain a flow of current intelligence and must have

authority to release information to state and local agencies.”72

Mission Integration

This Office of the Deputy Under Secretary for Mission Integration (DU/S-M) is responsible for

DHS IE integration activities; policies governing enterprise-wide production and standardization

of reports; the I&A Strategic Plan; training, and the implementation of a comprehensive

information systems architecture.73 As part of its integration responsibilities, the DU/S-M is

responsible for program review, department-level analysis, and cross-cutting intelligence

initiatives. The DU/S-M also chairs the Intelligence Career Management Board that reports to the

HSIC and is responsible for developing core competencies for the intelligence cadre of the

Department. It does this through a document called the Learning Road Map that describes the

tasks intelligence professionals perform, lists the training courses and other opportunities to learn

the tasks, and provides measures to assess performance.74

70

Interview with CRS, Aug. 6, 2008.

U.S. Congress, House Committee on Homeland Security, Subcommittee on Intelligence, Information Sharing, and

Terrorism Risk Assessment, The Future of Fusion Centers: Potential Problems and Dangers, Testimony of Leroy D.

Baca; Sheriff, Los Angeles County, 111th Cong., 1st sess., April 1, 2009, p. 3.

72

Ibid, p. 4.

71

73

A progress report on the department’s efforts to establish a comprehensive information technology network

architecture was submitted to Congress last year. See DHS I&A, Homeland Security Information Technology Network

Architecture Progress Report, April 15, 2008.

74

DHS I&A, Learning Road Map for Intelligence Professionals – Analytics. p. 3.

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The DU/S-M organization also manages I&A responsibilities for the Department’s

Counterintelligence (CI) Program and the Integrated Border Intelligence Program.

Integrated Border Intelligence Program (IBIP)

I&A established the IBIP to enhance its support to border security activities. Under the program,

additional personnel and support infrastructure have been committed to support all of the

Department’s border security operations. The program is designed to link DHS intelligence

resources, and those of state and local partners, with the IC in order to deliver actionable

intelligence to front-line operators and to fuse national intelligence with law enforcement

information.

An important initiative within the IBIP is the Homeland Intelligence Support Team (HIST). The

first HIST team was deployed in 2007 to El Paso, Texas. It consists of intelligence officers from

I&A whose mission is to coordinate and facilitate the delivery of national intelligence and

enhance information fusion to support DHS operational missions at the border. In this regard it

serves as a bridge between the national and field levels and between I&A and the component

intelligence staffs at the border. It can also push/pull information from state and local law

enforcement officials. The HIST also helps provide context to I&A analysts on topics such as

border violence. Its focus areas are alien smuggling, border violence, weapons trafficking, illicit

finance, drug trafficking, and the nexus between crime and terrorism. Its location at the El Paso

Intelligence Center (EPIC)75 gives the HIST staff immediate access to each of the DHS

operational components plus 15 other Federal, state, and local agencies.

I&A has also increased staffing of the “Borders Branch” within I&A’s analytic element. One

senior I&A official cited this as an example of an evolving focus away from purely terrorism

issues to enhanced support for specific departmental concerns. In 2005, there were only three

analysts working border issues. By mid-2008, there were 20 on the border team. In the same three

years, I&A increased the production of HIR’s from 600, of which 3% were related to the border,

to 3,563 in FY2008,76 of which 22% were border related.77

National Applications Office (NAO).

For more than 30 years, the Civil Applications Committee (CAC) has facilitated requests by civil

agencies to make use of space-based imaging and remote sensing capabilities in support of

traditional mapping applications, as well as a broad range of resource management,

75

EPIC was established in 1974 as an intelligence center to collect and disseminate information relating to drug, alien,

and weapon smuggling in support of field enforcement entities throughout the region. Following 9/11, counterterrorism

also became part of its mission. In response to increased multiagency needs, EPIC has developed into a fully

coordinated, tactical intelligence center supported by databases and resources from member agencies. It is jointly

operated by the Drug Enforcement Administration (DEA) and CBP. Other agencies represented at EPIC include ICE;

USCG; USSS; DOD, Department of the Interior; FBI; Bureau of Alcohol, Tobacco, Firearms and Explosives; U.S.

Marshals Service; Federal Aviation Administration; National Drug Intelligence Center; Internal Revenue Service;

National Geospatial–Intelligence Agency; Joint Task Force–North; Joint Interagency Task Force–South; Texas

Department of Public Safety; Texas Air National Guard; and the El Paso County Sheriff’s Office. See DEA, El Paso

Intelligence Center. http://www.usdoj.gov/dea/programs/epic.htm

76

DHS, DHS Annual Performance Report, FY2008-10, p. 99. http://www.dhs.gov/xlibrary/assets/cfo_apr_fy2008.pdf

77

Interview with I&A senior manager, June 19, 2008.

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environmental climate natural disaster, and remote sensing applications.78 In its September 2005

report, a DNI study group unanimously recommended that the scope of the CAC be expanded

beyond civil applications to include homeland security and law enforcement applications. In May

2007, the DNI designated DHS to be executive agent and functional manager of the NAO whose

mission is to facilitate the use of IC technological assets for those purposes. 79 I&A placed this

office within the DU/S-M organization.

The establishment of this office, however, has been controversial.80 In 2008, Congress prohibited

the use of funds “to commence or continue operations of the NAO until the Secretary of

Homeland Security certifies in FY2009 that NAO programs comply with all existing laws,

including all applicable privacy and civil liberties standards and that clear definitions of all

proposed domains are established and auditable.”81 Congress also required the Government

Accountability Office (GAO) to review the certification and report to Congress.82

After the Obama Administration took office, DHS revisited the need for an NAO program. On

June 23, 2009, after a five-month review, which the department stated was conducted in

coordination with its law enforcement, emergency management, and intelligence partners,

Secretary Napolitano announced her decision to end the NAO program.83

The CAC will continue to foster information sharing for the civil community and will seek to

provide CAC members access to the skills and information necessary to protect and maximize the

use of assets; facilitate relationships between the Civil and the Intelligence communities to

identify and document their requirements; and expand a monthly inter-community forum for

technology and information exchange to a much broader audience. 84

Homeland Infrastructure Threat and Risk Analysis Center

(HITRAC)

HITRAC is the Department’s infrastructure-intelligence fusion center. It is not a formal part of

I&A, but is jointly resourced and managed by I&A and the Office of Infrastructure Protection, an

office within the DHS National Protection and Programs Directorate. HITRAC’s mission is to

produce and disseminate timely and meaningful threat- and risk-informed analytic products that

can effectively influence the development of infrastructure protection strategies. 85 Its use of

78

U.S. Department of the Interior, Budget Justifications and Performance Information Fiscal Year 2011, pp. I-17-18.

http://www.doi.gov//budget/2011/data/greenbook/FY2011_USGS_Greenbook.pdf . Hereafter: DOI, Budget

Justification, FY2011.

79

DHS, Fact Sheet: National Applications Office, Aug. 15, 2007. http://www.dhs.gov/xnews/releases/

pr_1187188414685.shtm

80

For further background on the controversy surrounding the NAO, see CRS Report RL34421, Satellite Surveillance:

Domestic Issues, by (name redacted) and (name redacted).

81

P.L. 110-329, Sep. 30, 2008, §518(a)2.c.

82

An initial certification review was completed by GAO in 2008. See GAO memo to Congressional Committees, Nov.

6, 2008.

83

DHS Press Release, “Secretary Napolitano Announces Decision to End National Applications Office,” June 23,

2009. http://www.dhs.gov/ynews/releases/pr_1245785980174.shtm

84

DOI, Budget Justification, FY2011, p. I-18.

85

DHS, HITRAC Briefing for CRS on programs and services.

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intelligence and infrastructure expertise to support risk management decision making is illustrated

at Figure 3.

Figure 3. Homeland Infrastructure Threat and Risk Analysis Center (HITRAC)

Source: DHS HITRAC, Dec. 29, 2008.

HITRAC is organized into two divisions responsible for the Center’s principal functions.86 The

Risk Analysis Division performs infrastructure risk analysis and prioritization to support decision

making. The division manages Congressionally-mandated and priority initiatives, including the

Tier 1 and Tier 2 Program87 and the Critical Foreign Dependencies Initiative (CFDI).88 The Threat

Analysis Division provides three services: critical infrastructure threat analysis, cyber threat

86

Ibid.

87

The Tier 1/Tier 2 Program is intended to identify the Nation’s most critical, highly consequential assets and systems.

The over 3,000 Tier 1/Tier2 assets and systems are those that, if disrupted, could create a combination of significant

casualties, major economic loss, and/or widespread disruptions in governance and nationally critical missions. The Tier

1/Tier 2 Lists are the key components of the Urban Areas Security Initiative and State Homeland Security Grant

Programs’ infrastructure index, as well as other key infrastructure protection programs. See DHS, National Critical

Infrastructure Prioritization Program, Tier 1 and Tier 2 Program Overview. http://www.nonaiswa.org/wordpress/wpcontent/uploads/2009/03/national.ppt

88

CFDI identifies important foreign infrastructure that if attacked or destroyed would critically impact the U.S. The

prioritized National Critical Foreign Dependencies List (NCFDL) currently contains over 300 assets and systems in

over 50 countries. See DHS, Fact Sheet: Critical Infrastructure and Homeland Security Protection Accomplishments,

Sep. 5, 2008. http://www.dhs.gov/xnews/releases/pr_1220878057557.shtm

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analysis, and regional threat analysis including threat assessments to support the Committee on

Foreign Investment in the United States (CFIUS).89

HITRAC products90 include State Threat Assessments that support the State Homeland Security

Grant Program; Regional Infrastructure Assessments; Strategic Sector Assessment that provide an

overall assessment of potential terrorist threats to critical infrastructure and key resources;

Quarterly Suspicious Activity Analysis of suspicious incident reports to identify signs or patterns

of activity that might pose a threat; Infrastructure Intelligence Notes that provides the private

sector with a timely perspective on events, activities, or information of importance to support

their specific sector-level security planning; and Homeland Security Assessments and Joint

Homeland Security Assessments that communicate intelligence information that impacts the

security of U.S. persons and infrastructure.

Operations Coordination and Planning Directorate (OPS)—

Intelligence Division

In an effort “to improve its operations coordination and planning capability for non-routine,

multi-Component operations to protect, prevent, respond to, and recover from significant threats

and hazards,91 former Secretary Chertoff in 2008 directed the enhancement of an already extant

DHS organization—OPS—which was built on the foundation of the former Office of Operations

Coordination. I&A provides staff to the OPS Intelligence Division, including its director.

A persistent challenge for the Department since its founding has been the integration of 22 legacy

and newly-created agencies. Although the Homeland Security Act of 2002 transferred most

operational responsibilities to DHS, many of these components derive their authorities from

earlier legislation. 92 The execution of these authorities and responsibilities provides them with

nominal operational independence. The Department has sought to develop a robust, departmentwide operations planning and coordination capability to support DHS integration. But, when

operational activities involve only one or two components or routine operations, the need and

incentive for “department-level” planning and coordination is diminished.

89

CFIUS is an interagency committee chaired by the Secretary of the Treasury that reviews transactions that could

result in control of a U.S. business by a foreign person in order to determine the effect of such transactions on the

national security of the United States. The DHS Directorate of Policy reviews each case and makes a recommendation

to the Secretary of Homeland Security regarding the DHS position on the case. HITRAC prepares risk assessments to

support the Directorate of Policy’s review. See Department of the Treasury, Office of Investment Security, CFIUS,

Feb. 20, 2009.

90

DHS, HITRAC Information Briefing to CRS, Dec. 12, 2008.

91

DHS, Memorandum from Secretary Chertoff to DHS Components, “Enhancement of DHS Operations Coordination

and Planning Capability,” May 22, 2008, p. 1. Hereafter: Chertoff Memo, May 22, 2008.

92

For example, the statutory authority for most Federal disaster response activities especially as they pertain to the

Federal Emergency Management Agency (FEMA), is the Robert T. Stafford Disaster Relief and Emergency Assistance

Act, P.L. 100-707, Nov. 23, 1988. Authority for immigration enforcement and administration is the Immigration and

Nationalization Act of 1952 (codified as amended at 8 U.S.C. §1101); Customs authorities are generally derived from

the Tariff Act of 1930, June 17, 1930 (see 19 U.S.C. §§1461, 1467, 1496, 1581, and 1582). Section 114(d) of the

Aviation and Transportation Security Act of 2001, P.L. 107-71, Nov. 19, 2001, (now codified as 49 U.S.C. §114),

assigned TSA responsibility for security of all modes of transportation. The USCG derives authority for its 11 mission

programs from many statutes. The authority, for example, to make inquiries, examinations, inspections, searches,

seizures, and arrests upon the high seas and U.S. territorial waters is 14 U.S.C. §89.

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A further imperative for department-wide operational planning and coordination is to support

crisis and contingency planning and operations to support the Secretary of Homeland Security in

his/her HSPD-5 role as the principal Federal official for domestic incident management.93 That

role not only involves coordinating activities within DHS and its components, but also all

“Federal operations within the United States to prepare for, respond to, and recover from terrorist

attacks, major disasters, and other emergencies.”94

The Intelligence Division at OPS is staffed by selected I&A personnel who provide timely,

tailored intelligence products and services to support Departmental and interagency plans and

operational coordination efforts. The division reaches back to, coordinates with, and leverages

I&A parent elements, I&A representatives at state and local fusion centers, component

intelligence organizations, and IC agencies as required, for threat-related intelligence, analysis,

and other support.95 How the division is integrated into the OPS structure is shown in Figure 4.

Figure 4. Directorate of Operations Coordination and Planning Organization

Source: DHS OPS, June 22, 2008.

93

According to Homeland Security Presidential Directive (HSPD)-5, Management of Domestic Incidents, February 28,

2003: “To prevent, prepare for, respond to, and recover from terrorist attacks, major disasters, and other emergencies,

the United States Government shall establish a single, comprehensive approach to domestic incident

management....The Secretary of Homeland Security is the principal Federal official for domestic incident

management.” http://www.fas.org/irp/offdocs/nspd/hspd-5.html

94

HSPD-5, paragraph 4.

95

Chertoff Memo, May 22, 2008, p. 2.

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In short, the key function of the OPS Intelligence Division is the application of intelligence

research and analysis to conditions on the ground that must be considered for effective planning

and operations and the development of a Common Intelligence Picture (CIP).

Former Secretary Chertoff provided insight into what a Common Intelligence Picture for DHS

should look like:

Understanding the enemy’s intent and capabilities affects how we operate at our borders,

how we assess risk in protecting infrastructure, how we discern the kind of threats for which

we must be prepared to respond…. We need to have a common picture across this

Department, of the intelligence that we generate and the intelligence that we require. We

need to fuse that information and combine it with information from other members of the

intelligence community, as well as information from our state and local and international

partners.96

Contributing to the development of a Common Intelligence Picture for the department as a whole

is one of the important roles for the OPS Intelligence Division.

U.S. Customs and Border Protection (CBP)

Intelligence Element

CBP is the agency responsible for securing the nation’s borders at and between ports of entry

(POE).97 It was established in 2003, as a result of the Homeland Security Act of 2002,

consolidating the inspection and patrol functions of the legacy U.S. Customs Service, the

Immigration and Naturalization Service (INS), the U.S. Border Patrol (BP), and the Animal and

Plant Health Inspection Service (APHIS).98 CBP’s primary mission is to prevent the entry of

terrorists and the instruments of terrorism into the United States. But it also has responsibility to

prevent illegal immigration; regulate and facilitate international trade; collect import duties;

enforce U.S. trade and drug laws; and protect Americans and U.S. agricultural and economic

interests by preventing the importation of harmful pests, diseases, and contaminated, diseased,

infested, or adulterated agricultural and food products.

CBP accomplishes its various missions by inspecting persons and goods to determine if they are

authorized to enter the United States. CBP officers and Border Patrol agents intercept illegal

narcotics, firearms, counterfeit merchandise, and other types of contraband. They also interdict

unauthorized aliens and enforce more than 400 laws and regulations at the border.

96

Chertoff, “DHS Second Stage Review Remarks.”

97

A “Port of Entry” or POE, is an officially designated location (seaports, airports, and or land border locations) where

CBP officers or employees are assigned to accept entries of merchandise, clear passengers, collect duties, and enforce

the various provisions of CBP and related laws. Ports also perform agriculture inspections to protect the United States

from potential carriers of animal and plant pests or diseases that could cause serious damage to America’s crops,

livestock, pets, and the environment. See CBP, “Ports of Entry and User Fee Airports.” http://www.cbp.gov/xp/cgov/

trade/trade_outreach/ports.xml.

98

P.L. 107-296, Subtitles C and D.

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CBP Office of Intelligence and Operations Coordination (OIOC)

In October 2007, CBP reorganized its intelligence and anti-terrorism functions by establishing the

OIOC headed by an Assistant Commissioner. It provides intelligence support to CBP’s effort to

detect, identify, target, and interdict terrorists, terrorist threats, weapons of mass destruction

(WMD), illegal aliens and alien smuggling groups, narcotics traffickers, and other criminals

attempting to penetrate or use the borders of the United States to facilitate their illegal activities.99

The Assistant Commissioner for OIOC is also responsible for managing the coordination of field

operations among and beyond CBP elements and for CBP’s continuity of operations program.100

The OIOC also functions as the situational awareness hub for CBP providing timely and relevant

information and actionable intelligence to operators and decision-makers. The OIOC is divided

into four divisions, Incident Management, Field Coordination, Analysis and Targeting, and

Intelligence and Situational Awareness. OIOC analysts are stationed at its headquarters and are

posted to other agencies in a liaison capacity, such as NCTC, the NJTTF, and the Human

Smuggling and Trafficking Center (HSTC).

CBP Intelligence Support to DHS and CBP Missions.

CBP intelligence operations are designed to support the full range of CBP missions, particularly

its primary mission of preventing the entry of terrorists and the instruments of terrorism. To that

end, the CBP OIOC is engaged in the entire intelligence cycle, including planning, collection,

processing, production, and dissemination of “all source” information and intelligence to support

CBP’s operational elements, as well as their partners within DHS and other government

agencies.101

Although CBP does not engage in traditional foreign intelligence collection activities, it receives

information from DHS I&A, the IC, and law enforcement agencies. In addition, CBP gathers and

analyzes large amounts of data concerning persons and cargo inbound to the U.S. as well as

information derived from the apprehensions of illegal aliens, drug seizures, and other border

enforcement activities. For example, CBP collects advance passenger information (API)102 for all

air and ship passengers and crew traveling to or from the United States. During its border

inspection activities, CBP officers may also examine documents, books, and other printed

material, as well as computers disks, hard drives, and other electronic or digital storage

devices. 103 All of this data is a unique source of operational intelligence that is potentially very

99

CBP, “OIOC Organizational Information.” http://www.cbp.gov/xp/cgov/about/organization/assist_comm_off/

Ibid.

101

CBP, “Commissioner’s Message – New Office of Intelligence and Operations Coordination,” July 23, 2007.

100

102

API data consists of the information on the biographical page of the person’s passport, plus additional information

on the flight or voyage generated by the airline or shipping line. API includes the traveler’s surname, first name, and

any middle names; date of birth; gender; citizenship; and type of travel document used for identification, document

number, and place of issue. API also includes departure point and time, arrival point and time, and air carrier and flight

number.

103

A CBP officer’s border search authority is derived from federal statutes and regulations, including 19 C.F.R. 162.6,

which states that, “All persons, baggage and merchandise arriving in the Customs territory of the United States from

places outside thereof are liable to inspection by a CBP officer.” Unless exempt by diplomatic status, all persons

entering the United States, including U.S. citizens, are subject to examination and search by CBP officers. Source:

CBP, “CBP Authority to Search,” June 12, 2008. Hereafter: “CBP Authority to Search.” http://www.cbp.gov/xp/cgov/

travel/admissibility/authority_to_search.xml

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useful to other Federal agencies with national security missions. The border environments in

which the CBP offices operate illustrate how intelligence supports DHS and CBP mission

activities.

At Ports of Entry

CBP officers conduct screening activities to determine the admissibility of persons and goods and

interdict dangerous people, dangerous items, and contraband. Given the volume of people and

goods seeking entry into the U.S. every year, it is impractical for CBP to physically inspect every

person or shipment that arrives at a U.S. port.104 Therefore, CBP analyzes trade data and cargo,

crew, and passenger manifest information to ‘target’ its inspection resources towards those

persons or cargo shipments that potentially pose the highest risk. Intelligence from other Federal

agencies, in the form of ‘lookouts,’ and other law enforcement and intelligence reporting, is also

reviewed.

The targeting mechanism used by CBP is the Automated Targeting System (ATS). ATS is

composed of six modules that focus on exports, imports, passengers and crew (airline passenger

and crew on international flights, passengers and crew on sea carriers), private vehicles crossing

at land borders, and import trends over time. These modules employ weighted rule sets105 to

identify high-risk passengers and cargo shipments.

In the cargo environment, ATS employs these rule sets to assign scores based on factors

associated with risk. Above a certain threshold risk score, cargo is subject to further inspection.106

A variety of data107 is used within ATS to perform risk analysis. For cargo, ATS uses data from the

Automated Commercial System (ACS), Automated Broker Interface (ABI), Automated Manifest

System (AMS), and the new Automated Commercial Environment. 108

104

In FY2009, at 327 ports of entry, CBP inspected over 361 million travelers; 109 million cars, trucks, buses, trains,

vessels, and aircraft; encountered 224,000 inadmissible aliens; seized more than 1.5 million pounds of illegal narcotics;

and seized over 1.5 million prohibited meat, plant materials or animal products, including 166,727 agricultural pests.

Source: CBP, Securing America’s Borders – CBP 2009 Fiscal Year in Review, November 24, 2009.

http://www.cbp.gov/xp/cgov/newsroom/news_releases/archives/2009_news_releases/nov_09/11242009_5.xml

105

These rules are developed using sophisticated concepts of business activity intended to identify suspicious or

unusual behavior. See DHS Chief Privacy Officer, Privacy Impact Assessment (PIA) CBP ATS, November 22, 2006., p.

3. Hereafter: DHS Privacy Impact Assessment on ATS.

106

National targeting thresholds are set by the National Targeting Center and are evaluated and adjusted in response to

intelligence and analysis.

107

Data include electronically filed bills, entries, and entry summaries for cargo imports; shippers’ export declarations

and transportation bookings and bills for cargo exports; manifests for arriving and departing passengers; land border

crossing and referral records for vehicles crossing the border, airline reservation data; non-immigrant entry records; and

records from secondary referrals, incident logs, suspect and violator indices, and seizures. A full list of data by module

can be found at DHS Privacy Impact Assessment on ATS, Appendix A, pp. 25-27.

108

ACS is the legacy system used by CBP to track, control, and process all commercial goods imported into the United

States. ABI is the part of ACS that permits qualified participants to file import data electronically. AMS is used by

carriers to file advance declarations of their international containers and cargo contents. ACE is CBP’s new import and

export cargo manifest processing system intended to facilitate trade and strengthen border security. Deployed in phases,

ACE will be expanded to provide cargo processing capabilities across all modes of transportation and replace existing

systems with a single, multi-modal manifest system for land, air, rail and sea cargo in a secure, paper-free, web-enabled

environment. See CBP, “ACE At a Glance Fact Sheet,” Oct. 7, 2009. http://www.cbp.gov/xp/cgov/newsroom/

fact_sheets/trade/ace_factsheets/ace_glance_sheet.xml

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The passenger component of ATS (ATS-P) processes traveler information against other

information available to ATS, and applies threat-based scenarios comprised of risk-based rules to

assist CBP officers in identifying individuals who require additional screening or in determining

whether individuals should be allowed or denied entry into the United States. The risk-based rules

are derived from discrete data elements, including criteria that pertain to specific

operational/tactical objectives or local enforcement efforts.

Unlike in the cargo environment, ATS-P does not use a score to determine an individual’s risk

level. Instead, it compares Passenger Name Record (PNR) 109 and information in the following

databases against lookouts and patterns of suspicious activity identified by analysts based upon

past investigations and intelligence.

•

Treasury Enforcement Communications System (TECS)110

•

Advance Passenger Information System (APIS)111

•

Non Immigrant Information System (NIIS)112

•

Suspect and Violator Indices (SAVI)113

•

Department of State visa databases114

•

Passenger Name Record (PNR) systems

This risk assessment is an analysis of the threat-based scenario(s) that a traveler matched when

traveling on a given flight. These scenarios are drawn from previous and current law enforcement

and intelligence information. This analysis is done in advance of a traveler’s arrival to or

109

PNR is the information contained within the computerized reservation systems of air and sea carriers. PNR data

include, but are not limited to full itinerary; co-travelers; contact information; travel agency, form of payment; seat

assignment; bag tag numbers, and changes to the reservation. A full list of PNR data fields is at DHS Privacy Impact

Assessment on ATS, Appendix B, p. 28.

110

TECS is a computerized information system designed to identify individuals and businesses suspected of, or

involved in violation of Federal law. Resident on TECS at the CBP Data Center is the Interagency Border Information

System (IBIS) which tracks information on suspected individuals, businesses, vehicles, aircraft, and vessels and

includes terrorist and other law enforcement lookouts, and visa, immigration, and border crossing data. TECS also

provides access to the FBI’s National Crime Information Center (NCIC) and the National Law Enforcement

Telecommunication Systems (NLETS), the latter of which provides direct access to state motor vehicle departments.

See “CBP Authority to Search;” and Department of Treasury, “System of Records Notice,” 66 Federal Register 53029,

Oct. 18, 2001.

111

APIS is the electronic data interchange system for air carrier transmission to CBP of electronic passenger, crew

member, and non-crew member manifest data. See DHS, “Advance Electronic Transmission of Passenger and Crew

Member Manifests for Commercial Aircraft and Vessels; Final Rule,” 72 Federal Register 48320, Aug. 23, 2007.

Hereafter referred to as DHS Advance Electronic Transmission of Manifests Final Rule, Aug. 23, 2007.

112

The NIIS is a repository of records tracking persons arriving in or departing from the United States as nonimmigrant visitors. See USCIS, System Notice for Non Immigrant Information System. http://www.uscis.gov/portal/site/

uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=

f63fd0676988d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=

34139c7755cb9010VgnVCM10000045f3d6a1RCRD&survey=1

113

SAVI consists of records of individuals suspected of or who have violated Customs laws. See Department of

Treasury, “System of Records Notice,” 66 Federal Register 53025 and 53031, Oct. 18, 2001.

114

These include the Consular Lookout and Support System (CLASS), used by State Department to house information

about people who have violated the terms of their visas; and the Consolidated Consular Database (CCD), which

integrates State Department information used by foreign visa officers.

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departure from the United States and becomes one tool available to DHS officers in identifying

illegal activity. 115

It was through application of the ATS-P that CBP officers at the National Targeting Center

selected Umar Farouk Abdulmutallab, who attempted to detonate an explosive device on board

Northwest Flight 253 on December 25, 2009, for further questioning upon his arrival at the

Detroit Metropolitan Wayne County Airport POE.116

National Targeting Center (NTC)

The operational organization that utilizes the ATS to support CBP officers at POE’s is the NTC. It

is not an intelligence organization, it is part of the CBP Office of Field Operations. But it is a

significant consumer of intelligence information, upon which it conducts analysis and bases

recommendations for security actions. It is also a major source of information about passenger

and cargo movements that can be exploited for intelligence purposes.

The NTC grew out of efforts by the legacy U.S. Customs Service to develop targeting techniques

at the port level to detect drug smuggling and currency violations in both the passenger and cargo

environments. Post-9/11, Customs began adapting these targeting practices towards anti-terrorist

and other national security concerns. In November of 2001, following the 9/11 attacks, the NTC

began operations on a 24/7 basis. In March 2007, the NTC was divided into two elements,

NTC–Passenger and NTC–Cargo.

NTC—Passenger (NTCP)

The NTCP works closely with the OIOC and other intelligence and law enforcement

organizations to develop targeting rule sets for ATS-P. They then work with analytical units

located at POE’s to provide targeting information and real-time response to requests from CBP

officers in the field for information on potentially high-risk passengers seeking entry into the

United States.117 One of the most important sources of information analyzed by NTCP is API data

which commercial carriers are required to submit to CBP on all air and ship passengers and crew

traveling to the United States.118 The data is examined to determine possible matches with various

inspection systems and watchlists that include lookouts on known and suspected terrorists or

other persons of interest to U.S. law enforcement agencies.

NTC—Cargo (NTCC)

The NTCC supports efforts to detect and prevent dangerous cargo from entering the United

States. It examines advance electronic manifest information that CBP requires to be submitted for

all modes of transportation.119 It then uses advanced, computerized risk-assessment techniques

115

DHS System of Records Notice for the ATS, p. 6.

Sebastian Rotella, “U.S. Learned Intelligence on Airline Attack Suspect While He Was Enroute.” Los Angeles

Times.com, Jan. 7, 2010. http://articles.latimes.com/2010/jan/07/nation/la-na-airline-terror7-....jan07

117

CBP, Performance and Accountability Report, FY2007, Nov. 13, 2007, p. 17.

116

118

Effective Feb. 18, 2008, carriers must provide CBP with API data in advance of passenger boarding of aircraft or

vessels. See DHS Advance Electronic Transmission of Manifests Final Rule, Aug. 23, 2007.

119

Twenty-four hours in advance of lading for cargo loaded on US-bound vessels; four hours or wheels-up for

(continued...)

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within ATS to sort the information according to more than 100 variables. Citing security

concerns, federal officials refused to list those variables, but some officials said that the port of

origin, the nature of the cargo, and the track records of the exporter and importer were among the

criteria.120 In addition, the NTCC provides significant support to Cargo Security Initiative ports

where CBP has stationed targeting teams to identity containers for inspection prior to their being

loaded on U.S.-bound vessels.

The NTCC works closely with OIOC to develop targeting rule sets for the cargo component of

ATS. They also collaborate with NTCP who notifies NTCC of any passenger matches to terroristrelated or other law enforcement lookouts. NTCC will then run those matches against various

databases to determine if those individuals are involved with any cargo businesses or specific

cargo shipments.

The NTCC focuses particular attention on types of cargo that could be ingredients for weapons of

mass destruction (WMD), weapons of mass effect, chemical precursors of illegal drugs, and

conventional weapons and explosives. Sweeps based on specified targeting parameters are

conducted daily to target suspect chemical, biological, radiological, conventional weapons,

explosives, and ammonium nitrate shipments.121 In early 2008, working with ICE and DEA, this

targeting identified suspicious bills of lading, which led to the seizure of chemicals associated

with the manufacture of methamphetamines.122 In late 2007, targeting and analysis within NTCC

led to the intercept and seizure of over $3 million worth of assault rifles and small arms destined

for Central America.123

Between POE’s.

While CBP officers work primarily at POE’s, Border Patrol agents patrol vast areas along the

northern and southern international land borders of the United States that lie in between the

POE’s, as well as the coasts of Florida, Puerto Rico, and the U.S. Virgin Islands. The Office of

Air and Marine (A&M ) supports this mission through its operations within the air and maritime

environments. Two centers that provide intelligence support to these operations are the Border

Field Intelligence Center (BORFIC) and the Air and Marine Operations Center (AMOC). In

addition, the Border Patrol has placed intelligence units within each of its 20 Border Patrol

Sectors.124

OIOC supports BP and A&M with real-time intelligence and strategic analyses about the

conveyances, routes, and other methods that undocumented aliens, human smugglers, drug

(...continued)

international air cargo; four hours in advance of arrival for inbound rail cargo; and one hour in advance of arrival for

cargo on inbound trucks (30 minutes in advance of arrival for FAST shipments).

120

Seth Schiesel, “Their Mission: Intercepting Deadly Cargo,” New York Times, Mar. 20, 2003.

121

CBP, “NTCC,” a briefing provided to CRS on July 21, 2008.

122

Ibid.

123

Ibid.

124

The Border Patrol Sectors (listed alphabetically): Blaine, Washington; Buffalo, New York; Del Rio, Texas; Detroit

(Selfridge Air National Guard Base), Michigan; El Centro, California; El Paso, Texas; Grand Forks, North Dakota;

Havre, Montana; Houlton, Maine; Laredo, Texas; Marfa, Texas; Miami, Florida; New Orleans, Louisiana; Ramey,

(Aguadilla), Puerto Rico; Rio Grande Valley, Texas; San Diego, California; Spokane, Washington; Swanton, Vermont;

Tucson, Arizona; and Yuma, Arizona.

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traffickers, and other criminals use to enter or smuggle persons or contraband into the United

States. An example of this strategic intelligence analysis was an April 2006 report125 co-produced

by CBP and the NCTC. The report, which surveyed the arrest records of “special interest aliens”

(SIA)126 caught at the U.S. southern border, revealed how these individuals entered the U.S. and

how terrorists could exploit such vulnerabilities.

In response to this information, DHS developed and implemented a multi-pronged plan to address

those vulnerabilities. The plan included targeted training and other efforts to eliminate the

proliferation and use of false passports from one African country; and training to build the

detection capabilities of several Western Hemisphere countries that were noted to be used by

SIA’s with false or altered passports in transit to the United States.

Border Field Intelligence Center (BORFIC)

Originally established as the Border Patrol Field Intelligence Center in 2004 in El Paso, Texas,

BORFIC conducts all-source intelligence activities to support the border security mission of the

BP and other DHS and CBP elements to predict, detect, deter, and interdict terrorists, terrorist

weapons, and human traffickers and contraband smugglers entering the United States.127 In

October 2007, the organization was fully integrated into the CBP OIOC and its name changed to

the Border Field Intelligence Center.

BORFIC is responsible for supporting security efforts on both the northern and southern borders.

It exchanges intelligence and law enforcement information with numerous Federal, state, local,

and tribal organizations agencies and actively participates in several interagency and bilateral

groups. These include the El Paso Interagency Intelligence Working Group which includes EPIC,

DOD’s Joint Task Force-North, and the FBI; the Bilateral Interdiction Working Group with

Mexico, the Integrated Border Intelligence Teams (IBETS)128 with Canada, and the Caribbean

Border Interagency Group. BORFIC shares law enforcement intelligence information with state

and local fusion centers through the HS-SLIC portal. In addition, BORFIC has four personnel

assigned to the El Paso Intelligence Center (EPIC) who work in tandem with I&A’s Homeland

Intelligence Support Team also located there.

125

NCTC, SIA Trends Reveal Vulnerabilities Along Route to U.S., Apr. 6, 2006.

The term Special Interest Alien (SIA) covers individuals traveling illegally to the United States and originating in

Afghanistan, Algeria, Bahrain, Bangladesh, Djibouti, Egypt, Eritrea, Indonesia, Iran, Iraq, Jordan, Kazakhstan, Kuwait,

Lebanon, Libya, Malaysia, Mauritania, Morocco, Oman, Pakistan, Philippines, Qatar, Saudi Arabia, Somalia, Sudan,

Syria, Tajikistan, Thailand, Tunisia, Turkey, Turkmenistan, United Arab Emirates, Uzbekistan, Yemen, Gaza, and the

West Bank. See Ibid., p. 1. Countries and territories are presumed to be included on the SIA list due to the connections

of some of their citizens to international terrorism.

127

CBP BORFIC, Briefing for CRS, Dec. 3, 2008.

128

The IBETS are a joint effort of U.S. and Canadian law enforcement and security agencies to combine and

coordinate their intelligence and law enforcement expertise to identify and stop the high-risk movement of people and

goods between the ports of entry on the Canada - United States border. On the Canadian side, IBETS are co-managed

by the Canadian Border Security Agency (CBSA) and the Royal Canadian Mounted Police. U.S. participating agencies

are CBP, ICE, and the USCG. There are IBETs operating in 15 regions along the border. Source: CBSA, Canada-U.S.

IBETS. http://www.cbsa-asfc.gc.ca/security-securite/ibet-eipf-eng.html#mission

126

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Air and Marine Operations Center (AMOC)

Located in Riverside, California, the AMOC is a 24/7, multi-agency coordination center that

detects, sorts, and monitors air and marine tracks of interest129 across the nation’s borders and

maritime approaches. A subordinate center located in Puerto Rico performs the same mission for

the Caribbean region. The AMOC also serves as host activity for the central operations of CBP’s

long-range unmanned aircraft systems and is the CBP focal point for the coordination of

unmanned aircraft system maritime operations with the USCG. The AMOC is staffed with

intelligence operations specialists who provide connectivity to the OIOC, DHS, and the IC. It also

has liaison officers assigned from the USCG, FAA, DOD National Guard Bureau, and the

Government of Mexico. 130

The AMOC produces a comprehensive air surveillance radar picture through its Air and Marine

Operations Surveillance System (AMOSS). Fusing input from up to 450 sensors, including an

extensive network of military and civilian radars across the United States and Canada, the

AMOSS can process up to 24,000 fused tracks every 12 seconds and input up to 1,000 flight

plans per minute. 131 This allows the AMOC to provide real-time data on suspicious or noncooperative aircraft and marine vessels to A&M, BP, and the USCG to support interdiction

operations as well as to other DHS intelligence and operations centers. In addition to aircraft and

vessel location data, Detection Systems Specialists at the AMOC have access to numerous law

enforcement and other databases that allow them to provide operational units with information

regarding the flight plans, history, ownership, and registration of aircraft and vessels and criminal

background information on pilots and vessel crew.

In addition to its land and maritime border security mission, the AMOC also supports the multiagency effort to provide airspace security for the National Capital Region. As a participating

agency within the National Capital Region Coordination Center, the AMOC provides its

comprehensive radar picture and law enforcement sorting, detection, and investigative

capabilities to assist in identifying and determining the threat posed by aircraft that are not

compliant with the flight rules in effect for the Washington, D.C. Metropolitan Area Air Defense

Identification Zone (DC ADIZ). 132

Intelligence Driven Special Operations (IDSO)

OIOC collaborates with CBP Office of Field Operations to develop IDSO’s based on threat

information. IDSO’s not only address immediate threat concerns, but also serve to counter

predictability in CBP inspection operations. They are enforcement actions that are based upon

129

Among the reasons for an aircraft or vessel to be considered a track of interest is that it is unidentified,

uncooperative (i.e., not responding to air traffic control or law enforcement direction), or otherwise behaving

suspiciously.

130

U.S. Government Accountability Office, Opportunities Exist to Enhance Collaboration at 24/7 Operations Centers

Staffed by Multiple DHS Agencies, 07-89, Oct. 2006, pp. 13-14.

131

Spanky Kirsch, “Multifunction Phased Array Radar’s Contribution to Secure Skies and Borders,” DHS Science and

Technology Directorate, slide presentation, Oct. 11, 2007, slide 24.

132

The DC ADIZ is that area of airspace in which the ready identification, location, and control of aircraft is required

in the interests of national security. Specifically, it is that airspace from the surface to 18,000 feet within a 30-mile

radius of the Reagan Washington National Airport (DCA). See Federal Aviation Administration (FAA) Notice to

Airmen (NOTAM) 7/0206, effective Aug. 30, 2007.

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specific intelligence or current trends and are vetted through the DHS CINT.133 For example, if an

increase in aliens entering the United States illegally from or through a particular country were

documented, CBP could develop an IDSO to intensify inspection activity on persons and routes

from that country.

An IDSO based on specific intelligence was conducted following the March 2004 Madrid train

bombings. CBP analysis revealed an increase in aliens attempting to enter the U.S. illegally using

freight and passenger railcars along the northern border. In response, CBP assigned officers and

resources to targeted POE’s to intensify inspections of railcars; NTC intensified its screening of

persons and cargo, the BP assisted in capturing and detaining illegal aliens; and CBP intelligence

intensified its checks of foreign nationals through the IC.134

Immigration and Customs Enforcement (ICE)

Intelligence Element

ICE is the largest investigative organization within DHS. It was established in 2003 and

incorporated into DHS by consolidating the investigative elements of the former U.S. Customs

Service and Immigration and Naturalization Service (INS) and by transferring the Federal

Protective Service from the General Services Administration (GSA).

ICE’s mission is to enforce trade and immigration laws through the investigation of activities,

persons and events that may pose a threat to the safety or security of the United States and its

people. OI also investigates illegal trafficking in weapons (including weapons of mass

destruction), the smuggling of narcotics and other contraband, human smuggling and trafficking,

money laundering and other financial crimes, fraudulent trade practices, identity and benefit

fraud, child pornography, child sex tourism, and health and public safety dangers.135 It has four

operational divisions:

•

Office of Investigations (OI). OI is responsible for investigating a range of issues

that may threaten national security. OI uses its legal authority to investigate

issues such as immigration crime, human rights violations, and human

smuggling; narcotics, weapons and other types of smuggling; and financial

crimes, cybercrime, and export enforcement issues. 136 Of note, ICE Special

Agents are the largest non-FBI component of the Joint Terrorism Task Forces

(JTTF).137

133

Written Testimony of CBP Director of the Office of Intelligence, L. Thomas Bortmes, in U.S. Congress, Hearing of

the Intelligence, Information Sharing, and Risk Assessment Subcommittee of the House Committee on Homeland

Security, “DHS Intelligence and Border Security: Delivering Operational Intelligence.” 109th Cong., 2nd sess.,

June 28, 2006, (Washington: U.S. GPO, 2007).

134

CBP briefing to CRS, May 25, 2004.

135

ICE, FY2010 Enacted Budget Fact Sheet, Nov. 5, 2009, http://www.ice.gov/pi/news/factsheets/

136

ICE, ICE Programs, Office of Investigations. http://www.ice.gov/investigations/index.htm

137

Joint Terrorism Task Forces (JTTFs) are investigative units consisting of law enforcement and other specialists from

dozens of U.S. Federal, state, and local law enforcement and intelligence agencies. They are led by DOJ and the FBI.

The National JTTF was established in July 2002. Forty agencies are represented in the NJTTF, which has become a

focal point for information sharing and the management of large-scale projects that involve multiple agencies. See

DOJ, Joint Terrorism Task Force. http://www.usdoj.gov/jttf/

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•

Detention and Removal Operations (DRO). DRO is the primary enforcement arm

within ICE for the identification, apprehension and removal of illegal aliens from

the United States.138

•

Office of International Affairs (OIA). With 63 offices in 44 countries, OIA

develops partnerships with foreign governments to advance the homeland

security mission. 139

•

Office of Intelligence, discussed below.

Office of Intelligence

ICE’s intelligence activities are coordinated and managed within the Office of Intelligence. The

office is responsible for collecting, analyzing, and disseminating strategic and tactical intelligence

for use by the operational elements of ICE and DHS. ICE intelligence activities focus on

information related to the movement of people, money and materials into, within and out of the

United States. Its objective is to provide timely, accurate, and useful intelligence to support a

range of investigative activities by identifying patterns, trends, routes, and methods of criminal

activity; predicting emerging and future threats; and identifying potential systemic vulnerabilities

and methods to mitigate those vulnerabilities. 140

Although ICE is not a member of the IC, the Office of Intelligence participates in all aspects of

the intelligence cycle. In support of the agency’s mission, the office collects and analyzes

information from a variety of sources including the IC, other federal agencies, other components

of DHS, state, local, tribal, and foreign agencies. It also analyzes the considerable information

derived from ICE operational activity, such as investigations, document exploitation, and

interviews of detainees. Information sources include classified intelligence reporting, law

enforcement sensitive information, and open source material such as commercial and trade data.

Consumers of ICE intelligence products are ICE investigators; DRO and FPS officials; the ICE

and DHS leadership; DHS partners, particularly CBP; the Department of State; FBI; the Drug

Enforcement Administration; the Bureau of Alcohol, Tobacco, and Firearms, and state and local

law enforcement agencies.

The Office of Intelligence is led by a Director and consists of six divisions and 26 Field

Intelligence Groups.141 The Intelligence Operations Division coordinates and provides

intelligence support to ICE field components, including the ICE Special Agent-in-Charge (SAC)

offices, DRO field offices, and FPS regions. The Intelligence Programs Division analyzes

information obtained from intelligence, law enforcement, and open sources and produces finished

intelligence products to support ICE, DHS, and other intelligence and law enforcement

consumers.

138

ICE, ICE Programs, Detention and Removal Operations. http://www.ice.gov/pi/dro/index.htm

ICE, About the ICE Office of International Affairs. http://www.ice.gov/international-affairs/presence.htm

140

ICE Office of Intelligence, Mission Overview and Guide to Products and Services, June 2008, p. 1.

141

The missions of these divisions are described in detail in Ibid, pp. 2-5.

139

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Intelligence Programs Division

The Intelligence Programs Division has the following specialized units: Counter Proliferation

Intelligence, Human Smuggling and Public Safety (HSPSU), Contraband, Illicit Finance/Trade

Fraud, and International Intelligence, and the Tactical Intelligence Center located in Bay Saint

Louis, Mississippi, which works with the National Security Agency and other intelligence units to

integrate and analyze signals intelligence, human intelligence, and law enforcement information

to identify new criminal organization targets for ICE investigations, assist NSA in SIGINT

targeting, and support other Office of Intelligence units in performing strategic level intelligence

analysis.

The International and Border Support unit focuses production on two primary areas. The first is

support rendered to the ICE Attachés of the Office of International Affairs through the

International Intelligence Unit. The second is through another cell that provides support to

Southwest Border operations that target criminal organizations operating in that region, especially

those that contribute to escalating violence along the border. Southwest Border is focused on four

operations: the Border Violence Intelligence Cell, Support the Border Enforcement Security

Taskforces, Operation Armas Cruzdas, and Operation Firewall.

Border Violence Intelligence Cell (BVIC)

The BVIC was established in January 2008 in order to provide intelligence support for ICE

weapons smuggling investigations and government-wide efforts to combat violence along the

United States-Mexico border.142 It is located at EPIC within the Crime-Terror Nexus Unit. The

BVIC works closely with I&A’s Homeland Intelligence Support Team, and other partners at

EPIC.

As the level of violence along the U.S.- Mexican border intensified in the past two years, ICE has

partnered with Mexican and other U.S. law enforcement agencies on three initiatives described

below to enhance border security, disrupt transnational criminal organizations, and stop the illegal

flow of firearms from the United States into Mexico. These are the Border Enforcement Security

Task Forces (BEST), Armas Cruzadas, and Operation Firewall. The BVIC supports all three

programs. At the BVIC, all-source intelligence is analyzed and operational leads are provided to

the BEST task forces and ICE attaché offices. The BVIC also analyzes data from arrests and

seizures by the BEST task forces and exchange intelligence with Mexican law enforcement

agencies.

In November 2008, the BVIC, in collaboration with CBP and DHS I&A, produced an Intelligence

Report, United States Southbound Weapons Smuggling Assessment, which examined U.S.

southbound weapon smuggling trends. This report was designed to support the BEST’s and other

operational components in planning and conducting outbound firearms smuggling operations. In

December 2008, the BVIC also co-authored a strategic-level analysis for the ICE and DHS

leadership on the same issue.

142

ICE, BVIC Fact Sheet, June 2008.

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Border Enforcement Security Task Forces (BEST)

The BEST initiative143 consists of a series of multi-agency investigative task forces, of which ICE

is the lead agency. They seek to identify, disrupt, and dismantle criminal organizations posing

significant threats to border security. Other agency participants include CBP, the Drug

Enforcement Administration (DEA), Bureau of Alcohol, Tobacco, and Firearms (ATF), FBI,

USCG, and the U.S. Attorney’s offices, and state and local law enforcement. The Mexican law

enforcement agency Secretaria de Seguridad Publica is a partner along the southern border. The

Royal Canadian Mounted Police and Canadian Border Services Agency are partners on the

northern border.

There are currently BEST task forces on both the northern and southwestern borders with ten on

the southwest border. Each BEST concentrates on the prevalent threat in their area. On the

southern border, this entails cross-border violence; weapons smuggling and trafficking; illegal

drug and other contraband smuggling; money laundering and bulk cash smuggling; and human

smuggling and trafficking. The Office of Intelligence maintains 28 analysts within the Southwest

Border BESTs to ensure responsive intelligence support and appropriate information sharing with

other federal, Government of Mexico, state, tribal and local law enforcement partners.144

Armas Cruzadas

Armas Cruzadas is a partnership between U.S. and Mexican law enforcement agencies. 145 Its

objective is to synchronize bilateral law enforcement and intelligence sharing operations in order

to identify, disrupt, and dismantle trans-border weapons smuggling networks. Among the

activities under Armas Cruzadas, ICE Border Liaisons are deployed to the border to strengthen

bilateral communication. There is also a Weapons Virtual Task Force, a virtual online community

where U.S. and Mexican investigators can share intelligence and communicate in a secure

environment.146

For the United States, ICE is a major participant agency in Armas Cruzadas because of its

authority as the Federal agency responsible for investigating cases involving weapons being

smuggled out of the United States. ATF participates as a result of its authority over weapons

being illegally sold and transported within the United States. CBP is also a participating agency

due to its border security responsibilities.

Operation Firewall

Operation Firewall is an initiative to combat bulk cash smuggling, one of the methods that

transnational criminal organizations use to move the proceeds from their criminal activities to

fund future operations. ICE has found that as successful enforcement has made the transfer of

illicit funds between banks and other financial institutions more difficult, criminal organizations

143

ICE, BEST Fact Sheet, Dec. 3, 2008.

ICE Briefing for CRS, Jan. 21, 2010.

145

ICE, Armas Cruzadas Fact Sheet, Nov. 12, 2008.

144

146

U.S. Congress, Senate Committee on Judiciary, Subcommittee on Crime and Drugs, Law Enforcement Responses to

Mexican Drug Cartels, Statement of Kumar C. Kibble, Deputy Director, ICE Office of Investigations, 111th Cong.,

Mar. 17, 2009.

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are increasing their use of bulk cash smuggling. 147 Operation Firewall is a joint effort with CBP to

target the full array of methods used to smuggle bulk cash, including commercial and private

passenger vehicles, commercial airline shipments and passengers, and pedestrians crossing U.S.

borders with Mexico and Canada. 148

Collection Management and Requirements Division

The Collection Management and Requirements Division coordinates the intelligence collection

and reports efforts within ICE. In this regard, it works closely with other DHS and IC elements to

articulate ICE intelligence requirements to collection elements within the IC to ensure the flow of

needed information to ICE. This division also manages the ICE Joint Intelligence Operations

Center.

The Office of Intelligence also has two divisions which provide support activities, the Business

Management Division and the Executive Information and Technology Division. Business

Management provides support to daily operations throughout the homeland and overseas through

executing procurement, budget, logistics, and training functions.

The Executive Information and Technology Division provides information technology services

that support day to day operations, processing large quantities of information, and managing

secure communications systems networks. This division also includes the Intelligence Document

Exploitation (IDocX). Under this program, captured media, such as hard copy documents, audio

recordings, and electronic media are exploited in order to develop intelligence products. Hard

copy documents, for example, are converted into digitized data allowing ICE to create a vital

resource for analysis, pattern recognition, and information sharing accessible to intelligence

analysts and investigators.

Field Intelligence Groups (FIG)

The Office of Intelligence field organization consists of 26 FIGs that are aligned and co-located

with ICE SAC offices throughout the United States. They replaced the former Field Intelligence

Units in a reorganization of the ICE field intelligence structure intended to improve connectivity

and working relationships with ICE operational elements and enhance coordination with other

Federal, state, local, and cross border partners. 149

Each FIG is managed by a Field Intelligence Director or advisor and is staffed by a mix of

intelligence and operational personnel. FIG personnel identify and analyze criminal trends,

threats, methods and systemic vulnerabilities related to ICE strategic priorities within their

office’s area of responsibility. FIG intelligence reports, assessments, and other products primarily

support the ICE leadership and field managers, but are also disseminated to other DHS, law

enforcement, and IC member agencies.

147

U.S. Congress, House Appropriations Committee, Subcommittee on Homeland Security, Border Security

Enforcement Task Force, Statement of Marcy Forman, Director, ICE Office of Investigations, 111th Cong., Mar. 10,

2009.

148

ICE, Operation Firewall Fact Sheet, Feb 6, 2008.

149

This summary of FIG mission and functions is from Ibid., p. 1.

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Human Smuggling and Trafficking Center (HSTC)

The HSTC was established in 2004 and serves as the U.S. Government’s intelligence fusion

center and information clearinghouse for all federal agencies addressing human smuggling,

human trafficking, and the facilitation of terrorist mobility. Human smugglers seek to profit from

the illegal transportation of persons into a country. Human traffickers seek to profit from

transporting a person into a country for the purpose of exploiting them. As a profitable destination

for smuggled and trafficked persons, both are major problems for the United States. Numerous

transnational organized crime groups are involved in the trade.

Congress formally established the HSTC in the Intelligence Reform Act and Terrorism Prevention

Act of 2004. 150 In 2007, Congress strengthened the Center’s manning and funding in Section 721

of the Implementing Recommendations of the 9/11 Commission Act of 2007.

The HSTC focuses on the transnational issues that share one common link – illicit international

travel. It brings together federal agency representatives from the policy, law enforcement,

intelligence, and diplomatic areas to work together on a full-time basis to convert intelligence into

effective law enforcement and diplomatic action. The HSTC prepares strategic reports for U.S.

law enforcement and U.S. policy-makers. The HSTC is congressionally mandated to produce an

annual report about vulnerabilities in travel systems.

The HSTC also serves as a focal point for international police agencies and provides a

mechanism for the exchange of information between the United States and its allies. HSTC is the

official point of contact for INTERPOL151 on trafficking matters for the USG. Members of the

HSTC conduct frequent training to law enforcement officials, consular officials, prosecutors and

non-governmental organizations, both foreign and domestically.

ICE is a major contributor of personnel to the HSTC. The Center’s Director is an ICE employee.

The ICE Office of Intelligence provides intelligence support through the Intelligence Program

Division’s Human Smuggling and Public Safety Unit.

The shortage of staff at the Center has impeded its ability to accomplish its mission. According to

the HSTC charter, “[t]he principal determinant of the success of the Center will be its ability to

draw on and integrate the diverse experience and perspectives of its full-time staff ... it is critical

that key members of the community of interest provide well-qualified personnel to the Center.”152

Various agency members of the community of interest have made commitments to detail

personnel to the Center but have been inconsistent in doing so. For example, there are no staff

currently detailed to the Center from DOD, FBI, or CIA.

150

P.L. 108-458, Dec. 17, 2004, §7202(c), 118 Stat. 3813.

INTERPOL (International Criminal Police Organization) is the world’s largest police organization. It assists law

enforcement agencies in each of its 187 member countries to combat all forms of transnational crime. See INTERPOL

at http://www.interpol.int/public/icpo/default.asp

152

HSTC, Charter, (as amended), Dec 10, 2007, p. 8. The Charter (on p. 2) describes its Community of Interest as “All

of the U.S. Government agencies, including missions abroad, having policy, law enforcement, intelligence, diplomatic

and/or administrative responsibilities related to migrant smuggling and/or trafficking in persons; the community of

interest includes, but is not limited to, the following: (1) the Departments of State, Defense, Homeland Security, Justice

and Labor; (2) various federal law enforcement agencies, including the Directorate of Border and Transportation

Security, the FBI, USCG, and the Diplomatic Security Service; and (3) several national intelligence agencies, including

the CIA and NSA.

151

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Congress may wish to consider legislatively-mandating minimum staffing by agencies critical to

the Center’s success. At present, each participating agency provides staff “out of hide,” meaning

they are not reimbursed for the personnel they detail to HSTC. To alleviate this impact, Congress

may also wish to consider dedicated funding for the detailee positions at the Center.

U.S. Citizenship and Immigration Services (USCIS)

Intelligence Element

As the agency that oversees lawful immigration to the United States, USCIS establishes

immigration services, policies and priorities to preserve America’s legacy as a nation of

immigrants while ensuring that no one is admitted who is a threat to public safety.153 The

Homeland Security Act of 2002 established USCIS as a component of DHS in 2003 and

transferred to the new agency the immigration and citizenship adjudication functions of the

former INS.154 The three principal immigrant service activities of USCIS are the adjudication of

petitions for immigration benefits; the adjudication of naturalization petitions from lawful

permanent residents desiring to become U.S. citizens; and the consideration of refugee and

asylum claims, and related humanitarian and international concerns. 155

USCIS is not a law enforcement agency nor a member of the IC and the vast majority of its

funding is derived from fees collected from immigration benefit applicants and petitioners.156

Thus its activities are limited to adjudication of immigration benefits, which includes conducting

background checks on the individuals and organizations who submit applications and petitions, as

well as the intended beneficiaries. As part of that process, USCIS collects biometrics, in the form

of digital photographs and fingerprints. On average each day, USCIS processes 30,000

applications for immigration benefits, issues 7,300 Permanent Resident Cards (Green Cards),

adjudicates 400 refugee applications, and naturalizes 3,400 new civilian citizens and 30 new

citizens who are member of the U.S. Armed Forces. 157

USCIS also has the authority to detect and combat immigration fraud.158 In a Conference Report

to the FY2005 Department of Homeland Security Appropriations Act, Congress recognized

USCIS as the responsible agency for developing, implementing, directing, and overseeing the

joint USCIS-ICE anti-fraud initiative and conducting law enforcement/background checks on

153

USCIS, “About Us.” http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?

vgnextoid=2af29c7755cb9010VgnVCM10000045f3d6a1RCRD&vgnextchannel=

2af29c7755cb9010VgnVCM10000045f3d6a1RCRD

154

P.L. 107-296, November 25, 2002, §451, 116 Stat. 2195. See also CRS Report RL33319, Toward More Effective

Immigration Policies: Selected Organizational Issues, by (name redacted). The Executive Office for Immigration

Review (EOIR), which includes the Immigration Court and the Board of Immigration Appeals, and which reviews

decisions made by USCIS, remains under the jurisdiction of the Department of Justice. See EOIR, Background

Information. http://www.usdoj.gov/eoir/background.htm

155

CRS Report RL32235, U.S. Immigration Policy on Permanent Admissions, by (name redacted).

156

In the DHS Appropriations Act of 2010 (P.L. 111-83, Oct. 28, 2009), USCIS received $2,727 million in gross

budget authority which consists of $2,503 million in revenue from collected fees and $224 million in direct

appropriations. See CRS Report R40642, Homeland Security Department: FY2010 Appropriations, coordinated by

(name redacted) and (name redacted), p. 87.

157

USCIS Briefing to CRS, Feb. 17, 2010.

158

See CRS Report RL34007, Immigration Fraud: Policies, Investigations, and Issues, by (name redacted)

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every applicant, beneficiary, and petitioner prior to granting any immigration benefits.159

Individuals and organizations intent on harming the United States have become increasingly

sophisticated in their methods of gaining entry into the country.160 The nexus between

immigration benefit fraud and threats to national security was illustrated in the 1993 World Trade

Center bombing when the plot’s mastermind, Mahmud Abouhalima, received a residency visa as

an “agricultural worker” despite the fact that he was employed as a New York City cab driver. 161

In 2004, USCIS established the Office of Fraud Detection and National Security (FDNS). In

January 2010, FDNS was promoted to a Directorate to reflect the priority USCIS places on its

anti-fraud and national security responsibilities and to place greater emphasis on them. FDNS

consists of four branches that collectively are responsible for detecting, pursuing, and deterring

fraud; ensuring background checks are conducted on all persons seeking benefits before granting

benefits; identifying systemic vulnerabilities and other weaknesses that compromise the integrity

of the legal immigration system; and serving as USCIS’ primary conduit to and from law

enforcement and intelligence agencies. 162

The USCIS Intelligence Branch

Within FDNS, there is an Intelligence Branch that manages the analysis, reporting, production,

and dissemination of immigration-based intelligence products. Those products are designed to

focus on the identification of fraud trends or vulnerabilities that are being exploited in the

immigration benefits processes while also enhancing national security efforts. The branch

manages and directs assets and resources at the headquarters office, five USCIS Service Centers,

and within all District Offices. It also establishes liaison with state and local intelligence fusion

centers to promote information sharing and collaboration efforts. The branch is also the conduit

for information-sharing, coordination, and collaboration with the IC and various law enforcement

agencies.

To promote information sharing and provide immigration subject matter expertise, FDNS has

placed liaison officers within DHS I&A, the Terrorist Screening Center, NCTC Terrorist Identities

Group, the National Joint Terrorism Task Force, DHS Threat Task Force (DTTF),163 ICE National

Security Unit, CBP NTC, State Department’s Kentucky Consular Center,164 FBI National Name

159

Conference Report to accompany H.R. 4567 [Report 108-774], “Making Appropriations for the Department of

Homeland Security for the Fiscal Year Ending September 30, 2005,” p.74.

160

USCIS, USCIS Strategic Plan 2008-2012, p. 7.

161

Abouhalima applied for the amnesty available to farm workers in 1986 immigration legislation, received temporary

legal residence in 1988, and became a lawful permanent resident two years after that. See Time, “The Secret Life of

Mahmud the Red,” Oct. 4, 1993. http://www.time.com/time/magazine/article/0,9171,979338,00.html

162

USCIS briefing to CRS, Feb. 17, 2010.

163

The DTTF was established in the summer of 2009 to support high-profile investigations by the FBI. It is composed

of I&A analysts and representatives from DHS operational components including USCIS. See Statement for the Record

of Caryn Wagner, DHS Under Secretary for Intelligence and Analysis, U.S. Congress, House Committee on

Appropriations, Subcommittee on Homeland Security, DHS Intelligence Programs and the Effectiveness of State and

local Fusion Centers, 111th Cong., 2nd sess., March 4, 2010, p. 6.

164

The Kentucky Consular Center was established in 2000 by the U.S. Department of State to take over administration

of the Diversity Visa Lottery program from the National Visa Center in Portsmouth, New Hampshire. The Diversity

Lottery program is an annual lottery run by the State Department which offers up to 55,000 permanent resident visas

each year to randomly selected applicants from eligible countries. Source: Department of State, Bureau of Consular

Affairs, “Kentucky Consular Center Information.” http://travel.state.gov/visa/immigrants/types/types_1321.html

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Check Program (NNCP),165 the HSTC, INTERPOL Headquarters in Lyon, France, and the

INTERPOL U.S. National Central Bureau.

Intelligence Research Specialists within the branch conduct research and analysis to identify

previously unknown links, associations, emerging trends, correlations, anomalies, and indications

and warnings with national security or public security threat implications. They produce and

disseminate immigration-related intelligence products to a broad audience to include field

officers, field and headquarters leadership at USCIS, DHS components, and other Federal, state,

and local agencies.166 For example, there is considerable potential intelligence value in the

research and analysis of data within the various USCIS electronic databases as well as the

information contained in the more than 90 million immigrant Alien Files (A-Files)167 in the

custody of USCIS (with more than 7 million new A-Files added each year).

An example of the type of intelligence product produced by the FDSN Intelligence Branch was a

classified report following the June 2007 failed bombings in London and Glasgow. Police in the

United Kingdom (UK) determined that the suspects, who utilized al Qa’ida-like strategies and

devices, were immigrants to the UK and working there as medical professionals.168 This

suggested the possibility of similar tactics being used in attacks within the United States. In a

response to those events, the FDNS Intelligence Branch queried USCIS databases and records for

information on individuals with backgrounds similar to those of the UK plotters. A classified

report was produced that identified individuals with exact matches to national security-related hits

and individuals under investigation by Federal law enforcement. In addition, over 30 individual

intelligence reports were prepared, published, and disseminated to the Intelligence Community.

The Intelligence Branch also administers the USCIS Request for Information (RFI) program,

coordinating the preparation of agency responses to requests for immigration information from

agencies and organizations outside of DHS, as well as other components and offices within DHS.

Transportation Security Administration (TSA)

Intelligence Element

In November 2001, Congress established TSA through the Aviation and Transportation Security

Act of 2001 (ATSA).169 The agency was originally made part of the Department of Transportation,

165

The mission of the NNCP is to disseminate information from FBI files in response to name check requests received

from federal agencies; components within the legislative, judicial, and executive branches of the federal government;

foreign police and intelligence agencies; and state and local law enforcement agencies within the criminal justice

system. Source: FBI, “National Name Check Program.” http://www.fbi.gov/hq/nationalnamecheck.htm

166

Ibid.

167

A-Files are the official immigration records detailing entry and exit of immigrants dating back to the 19th Century.

INS began issuing each immigrant an alien registration number in 1940, and on April 1, 1944, began using this number

to create individual files, called Alien Files or A-Files. They are a rich source of biographical information and other

documentation including immigration documents, visas, photographs, applications, affidavits, correspondence, etc. See

USCIS, FY2007 Annual Report, p. 95.

168

The Associated Press, “Suspects held in London, Glasgow Bombings,” USA Today, July 3, 2007.

http://www.usatoday.com/news/world/2007-07-03-britain-suspects_N.htm

169

P.L. 107-71, Nov. 19, 2001. Now codified as 49 U.S.C. 114.

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but was transferred to DHS pursuant to the Homeland Security Act when the Department was

established in March 2003.

TSA is most commonly known for its aviation security role, particularly the security screening of

airline passengers and their baggage. However, ATSA assigned the Assistant Secretary for TSA

responsibility for security in all modes of transportation – aviation, maritime, mass transit,

highway and motor carrier, freight rail, and pipeline. 170 These modes form a transportation

network that is central to the American economy. That network connects cities, towns, and farms,

and moves millions of people and millions of tons of goods. The majority of transportation

infrastructure in the United States is privately-owned. The remainder is owned and operated by

state, local, or regional entities.

The size of the transportation sector in the United States makes it impossible for the Federal

government to provide security for all modes. The exception is the commercial aviation sector.

But, TSA does provide threat and other intelligence information to support security programs for

each sector. In addition, TSA collaborates with industry and government operators and other

stakeholders to develop strategies, policies, and programs to reduce security risks and

vulnerabilities within each mode. Finally, it seeks to enhance capabilities to detect, deter, and

prevent terrorist attacks and respond to and recover from attacks and security incidents, should

they occur.

TSA uses a threat-based, risk management approach to the security task. According to former

TSA Administrator Kip Hawley: “It begins with intelligence gathered by multiple U.S. agencies

that is analyzed, shared, and applied.”171 Intelligence is a key driver in determining the level of

security appropriate for the threat environment.

TSA Office of Intelligence (TSA-OI)

The Assistant Secretary for TSA is responsible “to receive, assess, and distribute intelligence

information related to transportation security and to assess threats specifically related to

transportation.172 The TSA intelligence function is centered in its Office of Intelligence (TSA-OI)

and led by an Assistant Administrator for Intelligence. The office consists of six divisions and an

intelligence cell at the Transportation Security Operations Center (TSOC) (also known as the

“Freedom Center”) in Herndon, Virginia.

TSA-OI Analysis

OI is the only organization that analyzes threats specifically related to transportation. Although it

is not an intelligence collector, the office works closely with IC agencies. It participates in

NCTC’s Daily Intelligence Secure Video Teleconference (SVTS) and receives and analyzes

intelligence from the IC to determine its relevant to transportation security. Sources of

information outside the IC include other DHS components, law enforcement agencies, and

170

49 U.S.C. 114.(d).

171

Kip Hawley, “Aviation Passenger Screening Oversight,” Testimony before the U.S. Congress, Senate Committee on

Commerce, Science, and Transportation, “Aviation Passenger Screening Oversight,” 109th Cong., 2nd sess., CQ

Congressional Testimony, April 4, 2006.

172

49 U.S.C. 114(f).

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owners and operators of transportation systems. OI also reviews and analyzes the suspicious

activity reporting by Transportation Security Officers, Behavior Detection Officers, and the

Federal Air Marshal Service (FAMS). The office also works on intelligence issues with its

counterparts in the United Kingdom and Canada.

An extensive two-way exchange of information is a unique aspect of OI’s relationship with its

stakeholders. OI has received funding associated with the Implementing Recommendations of the

9/11 Commission Act of 2007, to establish and implement an information sharing and analysis

center (ISAC) 173 for transportation security. OI is in the process of developing both the concept

for the TS-ISAC and a milestone plan to establish this capability by early FY2011. Once

operational, TSA envisions that the TS-ISAC will provide enhanced solutions for collaboration

and information sharing with its stakeholders in the transportation industry.

OI analysts review and analyze information from its many sources in order to produce

intelligence on current and emerging threats to U.S. transportation modes, provide tactical

support to Federal Air Marshal missions, and support security for other special events. The

Intelligence Watch and Outreach Division provides 24/7 indications and warning of threats to the

transportation network. The Transportation Intelligence Analysis Division is responsible for indepth threat analyses. Products are disseminated at appropriate classification levels to OI’s

principal stakeholders – the TSA leadership, the Office of Security Operations (which performs

day-to-day management of the TSA aviation security program), the Office of Global Strategies,

Transportation Security Network Management, the FAMS, and public and private transportation

industry elements. Intelligence products are also shared with IC members and other DHS

organizations.

OI analytic products include the Administrator’s Daily Intelligence Brief, Information Bulletins

and Circulars, the Transportation Suspicious Incident Reports (TSIR), and the Transportation

Intelligence Note (TIN). The TSIR and the TIN products contain information on the latest

potential threats, intelligence estimations and trends, and situations observed in transportation

systems around the nation and the world. They are produced at the Unclassified/For Official Use

Only level for TSA employees and transportation security professionals to enhance situational

awareness.

Field Intelligence Officer Program

TSA-OI has deployed field intelligence officers to major airports throughout the United States.

They work directly for OI through the respective Eastern or Western Regional Field Intelligence

Coordinator. The field intelligence officers are responsible for providing intelligence support and

threat briefings to the TSA Federal Security Directors, their staffs, and security workforce in their

area of responsibility. In addition, they conduct liaison with the JTTF’s and state, local, and tribal

law enforcement officials and intelligence fusion centers.

173

Establishment of Information Sharing and Analysis Centers (ISAC) was encouraged by Presidential Decision

Directive 63 and Homeland Security Presidential Directive (HSPD)-7, to protect infrastructure from attack. ISAC’s

were set up by and for critical infrastructure owners and operators to provide a trusted, collaborative,

information/intelligence sharing and analysis capability. See HSPD-7, , “Critical Infrastructure Identification,

Prioritization, and Protection,” Dec. 17, 2003. http://www.fas.org/irp/offdocs/nspd/hspd-7.html

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TSA-OI Support to TSA Security Activities

Airline Passenger Pre-Screening

Former TSA Administrator, Kip Hawley has described TSA’s aviation security strategy as an

interlocking system of multiple layers of security. 174 But, he says, “[w]e cannot focus on a ‘catch

them in the act” strategy that waits until a person tries to board an aircraft with a weapon ... our

success is greatly improved with our ability to anticipate the terrorist act and thwart it well before

it gets off the ground.”175 He goes on to say “[a]s important as it is to detect threat objects, it is

imperative that we use intelligence to aid in the identification and interception of the people who

would do us harm.”176

Intelligence supports several elements of the airline passenger prescreening systems in use or

proposed by TSA, such as the No Fly and Selectee Lists and Secure Flight. OI’s specific role in

each of these is described below.

No Fly and Selectee Lists

In addition to uncovering terrorist plots, U.S. intelligence and law enforcement agencies focus

considerable effort on identifying individuals who are believed to be or are suspected of being

terrorists. Agencies in possession of such intelligence nominate such persons for inclusion in the

U.S. Government’s consolidated terrorist watchlist, the TSDB. The “No Fly” and “Selectee” lists

are subsets of the TSDB that are used to screen air travelers.

The “No Fly” list contains the names of individuals who are prohibited from boarding an aircraft

“based on the totality of information, as representing a threat to commit an act of ‘international

terrorism’ or ‘domestic terrorism (as defined in 18 U.S.C. 2331) to an aircraft (including threat or

air piracy, or a threat to airline, passenger, or civil aviation security), or representing a threat to

commit an act of “domestic terrorism” with respect to the homeland.”177

The “Selectee” List is a list of individuals who “do not meet the criteria to be placed on…the “No

Fly” list…and who meet the selectee criteria as members of a foreign or domestic terrorist

organization (including foreign terrorist organization designated pursuant to 8 U.S.C. 1189); or

associated with terrorist activity (as defined in Section 212(a)(3)(B) of the Immigration and

Nationality Act)…”178 Individuals on the Selectee List may fly only after they and their checked

and carry-on baggage have been subjected to additional screening

174

U.S. Congress, House Committee on Homeland Security, Subcommittee on Transportation Security and

Infrastructure Protection, Ensuring America’s Security: Cleaning Up the Nation’s Watchlists, Statement of Kip

Hawley, Assistant Secretary for TSA, 110th Cong., 2nd sess., Sep. 9, 2008, p. 1. Hereafter: Hawley Statement, Sep.

2008)

175

U.S. Congress, Senate Committee on Commerce, Science, and Transportation, Statement by Kip Hawley, Assistant

Secretary of TSA, 110th Cong., 1st sess., Jan. 17, 2006, p. 3.

176

Hawley Statement, Sep. 2008, p. 2.

177

Transportation Security Administration, Policy Memo, Subject: TSA No Fly and Selectee Lists, 2005, pp 1-2.

178

Ibid, p. 3.

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Originally maintained by TSA (and the FAA prior to 9/11), the No Fly and Selectee lists were

transferred to the Terrorist Screening Center (TSC) in 2004. The TSC was established under the

auspices of the FBI in an initiative under Homeland Security Presidential Directive (HSPD)-6.179

These lists are distributed to TSA, which is responsible for screening domestic airline passengers,

and CBP which screens international passengers for admittance to the United States. At present,

for domestic flights, the matching of passenger names against No Fly and Selectee lists is

performed by the airlines on the basis of unclassified versions of watch lists sent to them by TSA.

There has been controversy about the No Fly list—its size and the names of those reported to

have been on the list. The American Civil Liberties Union (ACLU) claimed in 2008 that the list

contained over 1 million names.180 Individuals who have been reported at some point to be on the

list—and were either refused travel or allowed to travel only after some delay—include

politicians, musicians, and figures from other professions.181 It was even reported that some

Federal Air Marshals were denied boarding on flights they were assigned to protect because their

names matched those on the No Fly list.182

The U.S. Government maintains that it has scrubbed these lists. At an October 22, 2008 press

conference, then-DHS Secretary Michael Chertoff said there are 2,500 on the No Fly list, fewer

than ten percent of whom are U.S. persons. He also said that there are less than 16,000

individuals on the Selectee lists.183 However, following the attempted bombing of Northwest

Flight 253, on December 25, 2009, the No Fly List has nearly doubled to approximately 6,000

according to a senior intelligence official. “The list expanded, in part, to add people associated

with al-Qa’ida’s Yemen branch and others from Nigeria and Yemen with potential ties to [Umar

Farouk] Abdullmuttalab ... ” who is alleged to have attempted the bombing of the flight. 184

DHS has also established a redress mechanism where individuals, who believe their names are on

one of the lists in error, may appeal. The program is called DHS Traveler Redress Inquiry

Program (DHS TRIP ).185

The No Fly and Selectee Lists are an integral part of TSA’s airline passenger pre-screening

system and one of the biggest tools, the agency argues, for keeping dangerous people off aircraft.

OI, however, plays a limited role in who is added to these lists since the preponderance of

individuals are nominated for inclusion by other core intelligence and law enforcement

179

HSPD-6, “Integration and Use of Screening Information,” September 16, 2003. http://www.fas.org/irp/offdocs/nspd/

hspd-6.html

180

Los Angeles Times, “Terrorist Watch List at Airports Tops 1 Million Names, July 15, 2008.

http://latimesblogs.latimes.com/presidentbush/2008/07/terrorist-watch.html

181

A list of such individuals with footnoted sources is at Wikipedia, “No Fly List: False Positives and Other

Controversial Cases.” http://en.wikipedia.org/wiki/No_Fly_List

182

Washington Times, “Air Marshal Names Tagged on No Fly List,” Apr. 29, 2008. http://www.washingtontimes.com/

news/2008/apr/29/air-marshals-names-tagged-on-no-fly-list/

183

CNN, “Terrorist Watchlists Shorter than Previously Reported,” Oct. 22, 2008. http://www.cnn.com/2008/TRAVEL/

10/22/no.fly.lists/index.html

184

Jillian Coyle, “No Fly List Nearly Doubled After Christmas Incident,” WUSA9.com. http://www.wusa9.com/rss/

local_article.aspx?storyid=98293

185

The DHS Traveler Redress Inquiry Program (DHS TRIP) is a central gateway to address watch list misidentification

issues; and other situations where travelers believe they have faced screening problems at ports of entry, believe they

have been unfairly or incorrectly delayed, denied boarding or identified for additional screening at U.S. transportation

hubs. See DHS TRIP website at http://www.dhs.gov/xtrvlsec/programs/gc_1169673653081.shtm#1

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agencies.186 However, according to Acting TSA Administrator Gale Rossides, following the

attempted bombing of Northwest Flight 253, “DHS is working with our interagency partners to

re-evaluate and modify the criteria and process used to build the Terrorist Screening Database

(TSDB),187 including adjusting the process by which names are added to the No-Fly and Selectee

Lists.”188

Secure Flight

After abandoning an effort to establish a follow-on system to the Computerized Passenger

Prescreening System (CAPPS), TSA began development of a new system of passenger prescreening called Secure Flight. In October 2008, TSA announced the issuance of the Secure

Flight Final Rule. 189 This would shift pre-departure watch list matching responsibilities from

individual aircraft operators to TSA, thus carrying out a recommendation of the 9/11

Commission.

Secure Flight is intended to alleviate the biggest challenge in the application of the No Fly and

Selectee list in the passenger prescreening process—the incorrect matching of names on these

watchlists with non-threatening passengers whose names are similar.190 Under Secure Flight,

airlines will be required to collect a passenger’s full name, date of birth, and gender when making

an airline reservation. This additional information is expected to prevent most inconveniences at

the airport, and will be particularly important for those individuals with names similar to those on

the watch list. Then-TSA Administrator Kip Hawley asserts that “Secure Flight will improve

security by maintaining the confidentiality of the government’s watch list information while fully

protecting passengers’ privacy and civil liberties.”191

Under the Secure Flight program, DHS began transferring responsibility for watch list matching

to TSA in 2009, and the transition is targeted for completion by the end of 2010.192

186

U.S. Congress, House Committee on Homeland Security, Subcommittee on Intelligence, Information Sharing, and

Terrorism Risk Assessment, TSA’s Office of Intelligence: Progress and Challenges, Testimony of Bill Gaches,

Assistant Administrator, TSA Office of Intelligence, 110th Cong., 1st sess., June 14, 2006.

187

The TSDB is the single U.S. Government terrorist watchlist database. Prior to 9/11, there were at least a dozen

separate watchlists maintained by various agencies. Homeland Security Presidential Directive (HSPD) 6, issued in

2003, directed the Terrorist Screening Center (TSC) to consolidate all U.S. Government watchlist information. The

TSC is a multi-agency organization administered by the FBI. It provides subsets of the TSDB (e.g., TSA’s “No Fly”

list) to U.S. Government screening agencies and provides 24/7 operational support to those agencies to accurately

match names within the TSDB and individuals being screened. See Office of the Inspector General Audit Division,

Follow Up Audit of the Terrorist Screening Center, Department of Justice, Audit Report 07-41, Washington, DC,

September 2007, p. i, http://www.usdoj.gov/oig/reports/FBI/a0741/final.pdf

188

U.S. Congress, Senate Committee on Homeland Security and Governmental Affairs, The Lessons and Implications

of the Christmas Day Attack: Watchlisting and Pre-Screening, Statement of Gale D. Rossides, Acting Administrator,

Transportation Security Administration, 111th Cong., 2nd sess., Mar. 10, 2010, p. 7. Hereafter: Rossides Testimony,

2010.

189

DHS Transportation Security Administration, “Secure Flight Program,” 73 Federal Register 64018 - 54066,

October 28, 2008. http://www.tsa.gov/assets/pdf/secureflight_final_rule.pdf

190

TSA Press Release, “TSA to Assume Watchlist Vetting with Secure Flight Program, Oct. 22, 2008.

http://www.tsa.gov/press/releases/2008/1022.shtm

191

Ibid.

192

Rossides Testimony, 2010, p. 3.

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Support to the Federal Air Marshal Service (FAMS)

The primary mission of the FAMS is to deter, detect, and defeat hostile acts targeting U.S. air

carriers, airports, passengers and crews. The United States first established such a capability in

1968 with the FAA Sky Marshal program. That program was enlarged in 1985 and renamed the

Federal Air Marshal Service. After 9/11, the program was greatly expanded and, pursuant to

ATSA, was transferred from FAA to TSA. After DHS was established, the FAMS were briefly part

of ICE, but were returned to TSA in 2005 where they remain today.

In addition to their anti-hijacking duties, the FAMS provide support during national emergencies

and contingencies, such as Hurricane Katrina and the evacuation of American citizens from

Lebanon during the 2006 conflict between Israel and Hezbollah. They also participate in Visible

Intermodal Prevention and Response (VIPR) teams which augment security at key transportation

facilities in urban areas around the country.193

However, the predominant activity for the FAMS is to provide in-flight security for commercial

airline flights. Some have questioned the extent of air marshal coverage of such flights. In a

March 2008 investigative report, CNN claimed that “of the 28,000 commercial airline flights that

take to the skies on an average day in the United States, fewer than 1 percent are protected by onboard, armed federal air marshals.”194 TSA insists that the size of the federal air marshal cadre

should be classified, as well as the number and itinerary of flights on which they fly, arguing that

“we should not tip our hand to terrorists and let them know the mathematical probability of air

marshals being on flights they may be interested in taking over or otherwise disrupting.”195

However, TSA has publicly stated that the number is in “the thousands.”196

In order to determine which flights should be covered by air marshals, TSA uses an intelligencedriven, risk-based approach. This informs FAM deployments during “steady state” threat

conditions and in cases of heightened threat, such as in August 2006 after discovery of the

Transatlantic Airline Bombing Plot and in December 2009, following the attempted bombing of

Northwest Flight 253. OI provides intelligence to support FAMS mission planning and has an

intelligence unit, manned 24/7, at the TSOC.

193

VIPR teams, which include other TSA and DHS personnel work with local security and law enforcement officials to

supplement existing security resources, provide deterrent presence and detection capabilities, and introduce an element

of unpredictability to disrupt potential terrorist planning activities. See TSA, “VIPR Teams Enhance Security at Major

Local Transportation Facilities.” http://www.tsa.gov/press/happenings/vipr_blockisland.shtm

194

CNN, “Sources: Air marshals missing from almost all flights,” Mar. 25, 2008. http://www.cnn.com/2008/TRAVEL/

03/25/siu.air.marshals/index.html

195

TSA, “Federal Air Marshal Shortage?” http://www.tsa.gov/approach/mythbusters/fams_shortage.shtm

196

Ibid.

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The U.S. Coast Guard (USCG) Intelligence Element

As a nation of travelers and traders, America has a strategic interest in the maritime domain.197

The oceans bordering North America are both a barrier and a highway, separating the United

States from potential enemies, connecting it to allies, and providing a venue for commerce and

trade.198 Due to its complex nature and immense size, the maritime domain is recognized as

particularly susceptible to exploitation and disruption by individuals, organizations, and States.199

The USCG is a military, multi-mission, maritime service that is the “principal Federal agency

responsible for safety, security, and stewardship within the maritime domain.200 These missions

are performed in any maritime region where those interests may be at risk, including international

waters and America’s coasts, ports, and inland waterways.201 In March 2003, pursuant to the

Homeland Security Act, the USCG was transferred from the Department of Transportation to

DHS.202

The USCG has several diverse missions—national defense, homeland security, maritime safety,

and environmental and natural resour

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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