Selected Issues in Homeland Security Policy for the 114th Congress

Congressional research reportMay 19, 2015

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Text

Selected Issues in Homeland Security Policy

for the 114th Congress

(name redacted), Coordinator

Analyst in Emergency Management and Homeland Security Policy

May 19, 2015

Congressional Research Service

7-....

www.crs.gov

R44041

Selected Issues in Homeland Security Policy for the 114th Congress

Summary

In 2001, in the wake of the terrorist attacks of September 11th, “homeland security” went from

being a concept discussed among a relatively small cadre of policymakers and strategic thinkers

to a broadly discussed issue in Congress. Debates over how to implement coordinated homeland

security policy led to the passage of the Homeland Security Act of 2002 (P.L. 107-296) and the

establishment of the Department of Homeland Security (DHS). Evolution of America’s response

to terrorist threats has continued under the leadership of different Administrations, Congresses,

and in a shifting environment of public opinion.

DHS is currently the third-largest department in the federal government, although it does not

incorporate all of the homeland security functions at the federal level, even if one constrains the

definition of homeland security to the narrow field of prevention and response to domestic acts of

terrorism. In policymaking terms, homeland security is a very broad and complex network of

interrelated issues. In its executive summary the Quadrennial Homeland Security Review issued

in 2014 delineates the missions of the homeland security enterprise as follows: prevent terrorism

and enhance security; secure and manage the borders; enforce and administer immigration laws;

safeguard and secure cyberspace; and strengthen national preparedness and resilience.

This report outlines an array of homeland security issues that may come before the 114th

Congress. After a brief discussion of the definitions of homeland security, the homeland security

budget, and the role of homeland security actors in the intelligence community, the report divides

the specific issues into four broad categories:

•

Counterterrorism and Security Management,

•

Border Security and Trade,

•

Disaster Preparedness, Response, and Recovery, and

•

DHS Management Issues.

Each of those areas contains a survey of topics briefly analyzed by Congressional Research

Service experts. The information included only scratches the surface of most of these issues.

More detailed information can be obtained by consulting the CRS reports referenced herein, or by

contacting the relevant CRS expert.

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Selected Issues in Homeland Security Policy for the 114th Congress

Contents

What Is Homeland Security? ........................................................................................................... 1

Homeland Security: Missions and Strategy ............................................................................... 2

The Budget and Security ........................................................................................................... 4

DHS Appropriations ............................................................................................................ 5

Homeland Security and the U.S. Intelligence Community........................................................ 6

Selected IC Issues with Homeland Security Implications................................................... 8

Counterterrorism and Security Management ................................................................................. 11

The Transnational Trend of Terrorism ..................................................................................... 11

The Homegrown Violent Jihadist Threat: Four Key Themes .................................................. 13

Cybersecurity........................................................................................................................... 16

Cyber Threats .................................................................................................................... 16

Continuity of Government Operations .................................................................................... 21

Medical Countermeasures to Chemical, Biological, Radiological, and Nuclear

Terrorism .............................................................................................................................. 22

BioWatch: Detection of Aerosol Release of Biological Agents .............................................. 23

Food Defense ........................................................................................................................... 24

Electric Grid Physical Security................................................................................................ 26

Security of Chemical Facilities................................................................................................ 28

Transit Security........................................................................................................................ 28

Border Security and Trade ............................................................................................................. 31

Southwest Border Issues.......................................................................................................... 31

Drug Trafficking and the Southwest Border ..................................................................... 31

Illicit Proceeds and the Southwest Border ........................................................................ 33

Cross-Border Smuggling Tunnels ..................................................................................... 34

Cargo Security ......................................................................................................................... 35

Customs-Trade Partnership Against Terrorism (C-TPAT)................................................. 36

100% Scanning Requirement ............................................................................................ 37

Port of Entry (POE) Infrastructure and Personnel............................................................. 38

Immigration Inspections at Ports of Entry............................................................................... 39

Visa Waiver Program......................................................................................................... 40

Entry-Exit System ............................................................................................................. 42

Enforcement Between Ports of Entry ...................................................................................... 42

Domestic Nuclear Detection.................................................................................................... 43

Transportation Worker Identification Credential (TWIC) ....................................................... 45

Aviation Security ..................................................................................................................... 46

Explosives Screening Strategy for the Aviation Domain .................................................. 47

Risk-Based Passenger Screening ...................................................................................... 49

The Use of Terrorist Watchlists in the Aviation Domain ................................................... 51

Security Issues Regarding the Operation of Unmanned Aircraft ...................................... 52

Security Response to Incidents at Screening Checkpoints ................................................ 54

Mitigating the Threat of Shoulder-Fired Missiles to Civilian Aircraft .............................. 55

Disaster Preparedness, Response, and Recovery ........................................................................... 56

Disaster Assistance Funding .................................................................................................... 56

Firefighter Assistance Programs .............................................................................................. 59

Emergency Communications ................................................................................................... 59

Development of the National Preparedness System ................................................................ 60

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Selected Issues in Homeland Security Policy for the 114th Congress

Hurricane Sandy Recovery ...................................................................................................... 62

Implementation of the Sandy Recovery Improvement Act ..................................................... 63

Public Health and Medical Services ........................................................................................ 64

DHS Management Issues ............................................................................................................... 65

The Management Budget ........................................................................................................ 65

Unity of Effort ......................................................................................................................... 66

DHS Financial Management Reforms ..................................................................................... 67

Headquarters Consolidation .................................................................................................... 69

Department of Homeland Security Personnel Issues............................................................... 70

Succession Management ................................................................................................... 71

Morale of DHS Employees ............................................................................................... 73

Loaned Executive Program ............................................................................................... 75

Digital Technology for Training, Recruitment, and Retention .......................................... 76

Employment of Veterans ................................................................................................... 78

Homeland Security Research and Development ..................................................................... 79

Tables

Table 1. Congressional Funding for Transit Security Grants, FY2002-FY2015 ........................... 30

Table 2. Disaster Relief Fund Total Appropriations and Carried-over Balances, FY2012FY2015 ....................................................................................................................................... 56

Contacts

Author Contact Information........................................................................................................... 81

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Selected Issues in Homeland Security Policy for the 114th Congress

What Is Homeland Security?

There is no statutory definition of homeland security that reflects the breadth of the enterprise as

currently understood. Although there is a federal Department of Homeland Security, it is neither

solely dedicated to homeland security missions, nor is it the only part of the federal government

with significant responsibilities in this arena.

The Department of Homeland Security (DHS) was established by the Homeland Security Act of

2002 (P.L. 107-296), which was signed into law on November 25, 2002. The new department was

assembled from components pulled from 22 different government agencies and began official

operations on March 1, 2003. Since then, DHS has undergone a series of restructurings and

reorganizations to improve its effectiveness and efficiency.

Although DHS does include many of the homeland security functions of the federal government,

several of these functions or parts of these functions remain at their original executive branch

agencies and departments, including the Departments of Justice, State, Defense, and

Transportation. Not all of the missions of DHS are officially “homeland security” missions. Some

components have historical missions that do not directly relate to conventional homeland security

definitions, such as the Coast Guard’s environmental and boater safety missions, and Congress

has in the past debated whether FEMA and its disaster relief and recovery missions belong in the

department.

Some criminal justice elements could arguably be included in a broad definition of homeland

security. Issues such as the role of the military in law enforcement, monitoring and policing

transfers of money, human trafficking, explosives and weapons laws, and aspects of foreign

policy, trade, and economics have implications for homeland security policy.

Rather than trying to resolve the question of what is and is not homeland security, this report is a

survey of issues that have come up in the context of homeland security policy debates. It is

neither exhaustive nor exclusive in its scope, but representative of the broad array of issues likely

to be taken up in one way or another by Congress in the coming months. After initial discussion

of the definitions of homeland security, the homeland security budget, and the role of homeland

security actors in the intelligence community, the report groups the issues into four general

themes:

•

Counterterrorism and Security Management;

•

Border Security and Trade;

•

Disaster Preparedness, Response, and Recovery; and

•

DHS Management Issues

As each topic under these themes is introduced, the author of the section is listed, along with their

contact information. In many cases, a specific CRS report is highlighted as a source of more

detailed information.

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Selected Issues in Homeland Security Policy for the 114th Congress

Homeland Security: Missions and Strategy

(name redacted), Analyst in Emergency Management and Homeland Security Policy

([redacted]@crs.loc.gov, 7-....)

For more information, see CRS Report R42462, Defining Homeland Security: Analysis and

Congressional Considerations.

Prior to 9/11, the United States addressed threats to our homeland through the separate prisms of

national defense, law enforcement, and emergency management. Policy discussions about how

the government should confront emerging threats were made more urgent by the 9/11 attacks.

Despite the reorganization put in motion after the attacks, including the Homeland Security Act of

2002, and concurrent evolution of homeland security policy, over 30 federal departments,

agencies, and entities have homeland security responsibilities and receive annual appropriations

to execute homeland security missions.

Under the American structure of government, the executive branch is responsible for the

development and execution of homeland security strategy, and Congress is charged with

providing oversight and approving funding. It can be argued that the White House has the

responsibility of coordinating homeland security activities that cut across the federal government,

and encouraging state and local governments and the private sector to be willing and active

partners in securing the homeland.

Expression of national homeland security strategy predates DHS, and the documents by the

executive branch show an evolution in their view of national homeland security priorities. The

first homeland security strategy document issued by President George W. Bush’s Administration

was the 2003 National Strategy for Homeland Security, which was revised in 2007. In 2008, the

Department of Homeland Security (DHS) issued the Strategic Plan—One Team, One Mission,

Securing Our Homeland. The 2007 National Strategy for Homeland Security primarily focused

on terrorism, whereas the 2008 Strategic Plan included references to all-hazards and border

security. Arguably, the 2003 and 2007 national strategies for homeland security addressed

terrorism in response to such incidents as the 9/11 terrorist attacks and the attempted bombing of

American Airlines Flight 93 on December 22, 2001, whereas the 2008 Strategic Plan addressed

terrorism and all-hazards in response to natural disasters such as Hurricane Katrina, which

occurred in 2005. These documents have been superseded by several other documents which are

now considered the principal homeland security strategies, but they represent evolutionary steps

in the development of the current policy.

Presentation of Homeland Security Priorities

One way the Administration presents its thinking on homeland security to Congress and the

public is through the QHSR process. This involves DHS reviewing its homeland security policy

and programs, and then reporting to Congress on the results. Arguably, the review process may

inform the development of combined national security and homeland security strategy. The 2014

QHSR endorsed the five mission areas spelled out in the 2010 QHSR, noting that the mission

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areas needed to be “refined in response to reflect the evolving landscape of homeland security

threats and hazards.”1 The five mission areas are:

•

Prevent Terrorism and Enhance Security;

•

Secure and Manage our Borders;

•

Enforce and Administer Our Immigration Laws;

•

Safeguard and Secure Cyberspace; and

•

Strengthen National Preparedness and Resilience.2

Another way of looking at the Administration’s thinking on homeland security is through the

budget process. OMB’s annual budget guidance—Circular A-11—provides federal departments

and agencies with information on how to report to Congress on its homeland security

expenditures. OMB states in its 2015 version of Circular A-11 that the six critical mission

homeland security areas are identified in the 2004 National Strategy for Homeland Security.

These six critical mission areas are:

•

Intelligence and Warning;

•

Border and Transportation Security;

•

Domestic Counterterrorism;

•

Protecting Critical Infrastructure and Key Assets;

•

Defending Against Catastrophic Threats; and

•

Emergency Preparedness and Response.3

Arguably, OMB’s continued use of 2004 homeland security strategy mission areas in current

guidance alongside the homeland security discussions in the 2014 QHSR and 2015 National

Security Strategy indicates that these original missions still contribute to the Administration’s

analysis of homeland security matters by defining the terms of the budgetary discussion.

Presentation of the Homeland Security Strategy

The current primary national homeland security strategic document is the 2015 National Security

Strategy, which is similar to the 2010 National Security Strategy that incorporated homeland

security into the nation’s national security strategy.4 The 2015 National Security Strategy

identifies guarding against terrorism as the core responsibility of homeland security. The strategy

also identifies improved information sharing, aviation and border security, and international

cooperation as homeland security priorities. Community-based efforts and local law enforcement

programs are identified as ways to counter homegrown violent extremism and protect vulnerable

1

Department of Homeland Security, 2014 Quadrennial Homeland Security Review, Washington, DC, June 2014, p. 5.

Available at http://www.dhs.gov/publication/2014-quadrennial-homeland-security-review-qhsr.

2

Ibid., pp. 6-8.

3

Office of Management and Budget, Circular A-11: Instructions for Homeland Security Data Collection, pp. 7-8,

https://www.whitehouse.gov/sites/default/files/omb/assets/a11_current_year/homeland.pdf.

4

Upon taking office, President Obama combined the National and Homeland Security staffs and this may have affected

the decision to combine national and homeland security strategies into a single document.

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individuals from extremist ideologies that could lead them to join conflicts overseas or carry out

attacks in the United States. Finally, the 2015 strategy states the federal government will work

with the owners and operators of the nation’s critical cyber and physical infrastructure to decrease

vulnerabilities and increase resilience.5 At the national level, the 2015 National Security Strategy

guides not just DHS’s activities, but also all federal government homeland security activities.

Considerations for Congress

As noted above, Congress is responsible for providing oversight of and appropriating funds for

homeland security activities. For Congress to exercise effective oversight and ensure efficient

usage of taxpayer dollars, clear understanding of priorities for homeland security missions, goals

and activities needs to exist between the branches. Policymakers could then use a process based

on these defined priorities to ensure existing programs are on track and new developments can be

addressed in a more strategic fashion. While the dynamic threat environment may not allow

strategic priorities to be set in stone, Congress could encourage the use of a consistent broadlydrawn list of homeland security missions in budget and policy discussions, in order to facilitate

strategic decisionmaking.

Even though the conventional wisdom since 9/11 has often identified counterterrorism as the core

responsibility of homeland security—a mission that is often interpreted as a federal-level national

security function—it can be argued that homeland security, at its core, is about the coordination of

disparate stakeholders to confront the full range of risks to the country—not just terrorism.6

This is the ultimate challenge of strategic homeland security policymaking: arriving at a

consensus on what the current risk portfolio is, how that portfolio is evolving, what the

appropriate missions are in response, and how to prioritize them—not just once, but constantly.

This consensus isn’t just “horizontal”—at the federal level—but “vertical”—reaching down to

those with homeland security roles at the state, local, tribal and territorial levels, as well as in the

private sector.

Consistency in discussion of homeland security missions and strategy could also facilitate debate

about the appropriate role of various federal, state, local and private sector stakeholders in

ensuring homeland security. Such discussions are important in ensuring each level understands its

role and can invest the proper level of resources to carry it out.

The Budget and Security

(name redacted), Analyst in Emergency Management and Homeland Security Policy

([redacted]@crs.loc.gov, 7-....)

For more information, see CRS Report R43796, Department of Homeland Security: FY2015

Appropriations, and CRS Report R43884, Homeland Security Appropriations: FY2015

Action in the 114th Congress.

5

Office of the President, National Security Strategy, Washington, DC, February 2015, pp. 8-9,

https://www.whitehouse.gov/sites/default/files/docs/2015_national_security_strategy_2.pdf.

6

Donald F. Kettl, System Under Stress: Homeland Security and American Politics, 2nd ed, Washington, DC, CQPress,

2007, p. 82.

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According to data from the Office of Management and Budget (OMB), the entire U.S.

government spent $564 billion (in nominal dollars) on “homeland security”—defined in law as

“those activities that detect, deter, protect against, and respond to terrorist attacks occurring

within the United States and its territories” —in the 10 years after the 9/11 attacks. Such

spending peaked in FY2009 at $73.8 billion. The total budget for homeland security activities for

FY2014, the last year for which there is complete data, was $66.2 billion, a reduction of $7.6

billion from its high-water mark in nominal terms.7

By comparison, the budget for the Department of Homeland Security has grown from $31.2

billion in FY2003, when it did not have its own appropriations bill, to $59.9 billion in FY2014,

the last year for which we have complete budget data. Roughly $35.8 billion of that amount, or

58.6%, was considered “homeland security” spending by OMB’s accounting under the above

definition. Some argue that the definition in law is too focused on explicit and directly

attributable counterterrorism activities compared to broader theories that have been part of the

national discussion, which consider immigration and border control or disaster response as a part

of homeland security.

DHS Appropriations

The Administration requested $38.3 billion in adjusted net discretionary budget authority for

DHS for FY2015, plus over $6.4 billion to pay for the costs of major disasters under the Stafford

Act. In the 113th Congress, the House Appropriations Committee reported legislation (H.R. 4903)

that would have provided $39.2 billion in adjusted net discretionary budget authority, plus the

requested disaster relief, and the Senate Appropriations Committee reported legislation (S. 2534)

that would have provided $39.0 billion, plus the requested disaster relief and $0.2 billion in

overseas contingency operations funding for the Coast Guard.8 Neither bill received floor

consideration in the 113th Congress, and annual appropriations for DHS were not included in P.L.

113-235, the Consolidated and Further Continuing Appropriations Act, 2015. As no DHS annual

appropriation was enacted, DHS continued to operate under a continuing resolution, which was

extended by P.L. 113-235 through February 27, 2015.

With the beginning of the 114th Congress, both House- and Senate-reported FY2015 annual

homeland security appropriations bills were no longer available for action. H.R. 240, a new

FY2015 annual homeland security appropriations bill, was introduced on January 9, 2015, and

considered in the House the following week under a structured rule that allowed five immigration

policy-related amendments. After adopting these five amendments, the bill passed the House on

January 14, 2015. On February 27, the Senate passed an amended H.R. 240 without the

legislative text added by the House amendments.

After the House did not pass a three-week extension of the continuing resolution, the Senate and

House passed a one week extension of the continuing resolution to avoid a lapse in annual

appropriations for DHS. On March 3, 2015, the House voted to approve the Senate version of

H.R. 240. The bill was signed into law on March 4, 2015, as P.L. 114-4. As enacted, the bill

7

Office of Management and Budget, Fiscal Year 2016 Analytical Perspective of the U.S. Government (Washington,

DC, 2015), p. 344.

8

The overseas contingency operations (also known as OCO/GWOT) funding request of $0.2 billion, was made on June

26, 2014, after the House Appropriations Committee had reported its measure, but before the Senate Appropriations

Committee had reported its measure.

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provided $39.7 billion in adjusted net discretionary budget authority, plus the requested disaster

relief, and $0.2 billion in overseas contingency operations funding for the Coast Guard.

For FY2016, the Administration has requested $41.2 billion in adjusted net discretionary budget

authority for DHS, plus $6.7 billion to pay for the costs of major disasters under the Stafford Act,

as part of an overall budget of almost $64.9 billion.

The current budget environment will likely present challenges to homeland security programs and

the department going forward, as the demands of the mission, ongoing capital investment efforts

and staffing needs will compete with the budget demands of the rest of the government for

limited funds. The potential impact of the changed budget environment is discussed at various

points throughout this report.

Homeland Security and the U.S. Intelligence Community

(name redacted), Analyst in Intelligence and National Security Policy

([redacted]@crs.loc.gov, 7-....)

For more information, see CRS Report RL33539, Intelligence Issues for Congress; CRS

Report R43793, Intelligence Authorization Legislation for FY2014 and FY2015: Provisions,

Status, Intelligence Community Framework; and CRS Report R40138, Amendments to the

Foreign Intelligence Surveillance Act (FISA) Extended Until June 1, 2015.

While many think of homeland security only in terms of DHS, it is a primary mission of the

entire Intelligence Community (IC). In the years since 9/11, the “wall” between foreign and

domestic intelligence has fallen and many efforts have been initiated to better integrate the

capabilities residing in intelligence and law enforcement organizations.9 “National intelligence”

has come to mean “all intelligence,” not just foreign intelligence.10

The many barriers between foreign and domestic intelligence that existed prior to 9/11 were

intended to prevent government spying on U.S. persons and focused the IC on foreign

intelligence. The tragedy of the 9/11 attacks overcame earlier concerns and led Congress and the

executive branch to enact legislation, policies and regulations designed to enhance informationsharing across the U.S. government.

The Homeland Security Act (P.L. 107-296) gave the DHS responsibility for fusing together law

enforcement and intelligence information relating to terrorist threats to the homeland. Provisions

in the Intelligence Reform and Terrorist Prevention Act (IRTPA) of 2004 (P.L. 108-458)

established the National Counterterrorism Center (NCTC) as the coordinator at the federal level

for terrorism information and assessment and created the position of Director of National

Intelligence (DNI) to provide strategic management across the IC. New legal authorities

9

See, for example, National Commission on Terrorist Attacks Upon the United States, The 9/11 Commission Report

(Washington, DC: GPO, 2004), pp. 78-80, under “Legal Constraints on the FBI and ‘the Wall.’” See also, Jerry

Berman and Lara Flint, “Guiding Lights: Intelligence Oversight and Control for the Challenge of Terrorism,” Criminal

Justice Ethics, Winter/Spring 2003, at https://www.cdt.org/files/030300guidinglights_3.pdf. They suggest that there

were many walls: “There were really many walls, built between and within agencies.… Some walls were meant to

protect individual rights. Others were meant to protect national security interests.”

10

P.L. 108-458, §1012.

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accompanied these organizational changes.11 At the state and local level, initiatives to improve

collaboration across the federal system, such as the FBI-led Joint Terrorism Task Forces (JTTFs),

have expanded—the number of JTTFs across the country grew from 34 to over 100 between 2001

and 2015—and new ones, such as DHS’s National Network of Fusion Centers (NNFC), have

been put in place.12

The “community” of U.S. government entities that perform some kind of intelligence-related

activity has gradually evolved into 17 organizations/agencies that span six separate government

departments and one independent agency (the CIA). Two intelligence elements of DHS and one

element of the FBI are most closely associated with homeland security.13

•

DHS’s missions include “preventing terrorism and enhancing security; securing

and managing our borders; enforcing and administering our immigration laws;

strengthening cyberspace and critical infrastructure; and strengthening national

preparedness and resilience to disasters.”14 DHS’s Intelligence and Analysis

(I&A) section provides intelligence support across the full range of DHS

missions. It serves as the DHS focal point for all policy issues and activities

involving the entire IC. It is the federal government lead for information and

intelligence sharing “with state, local, tribal and territorial governments and the

private sector.”15 Much of the information sharing is done through the NNFC—

with I&A providing personnel, systems and training.16

•

The U.S. Coast Guard, made part of DHS in 2002, has intelligence elements that

deal with information relating to maritime security and homeland defense. The

USCG’s responsibilities include protecting citizens from the sea (maritime

safety), protecting America from threats delivered by the sea (maritime security),

and protecting the sea itself (maritime stewardship). Its diverse mission sets and

broad legal authorities allow it to fill a unique niche within the IC.17

•

The FBI’s National Security Branch (NSB) serves as the focal point in the

department for all policy issues and activities involving the IC. The key

intelligence functions of the FBI relate to counterterrorism and counterintelligence. Law enforcement information is expected to be shared with other

11

See for example, the section below examining the three amendments to the Foreign Intelligence Surveillance Act of

1978 which broadened the ability of federal government organizations to collect and share intelligence information

domestically.

12

Federal Bureau of Investigation, “Protecting America From Terrorist Attack: Our Joint Terrorism Task Forces,” at

http://www.fbi.gov/about-us/investigate/terrorism/terrorism_jttfs; and U.S. Department of Homeland Security, Fusion

Centers and Joint Terrorism Task Forces, at http://www.dhs.gov/fusion-centers-and-joint-terrorism-task-forces.

13

For details on all 17 components of the IC see Office of the Director of National Intelligence, U.S. National

Intelligence: An Overview, at http://www.dni.gov/files/documents/USNI%202013%20Overview_web.pdf.

14

U.S. Department of Homeland Security, “Homeland Security Roles and Responsibilities,” Appendix A in 2014

Quadrennial Homeland Security Review, June 18, 2014, p. 83, at http://www.dhs.gov/sites/default/files/publications/

2014-qhsr-final-508.pdf.

15

U.S. Department of Homeland Security, “More About the Office of Intelligence and Analysis,” March 28, 2014, at

http://www.dhs.gov/more-about-office-intelligence-and-analysis-mission.

16

Ibid.; see also Office of the Director of National Intelligence, U.S. National Intelligence: An Overview, pp. 19-20, at

http://www.dni.gov/files/documents/USNI%202013%20Overview_web.pdf.

17

U.S. Coast Guard, Intelligence, Coast Guard Publication 2-0, May 2010, at https://www.uscg.mil/doctrine/CGPub/

CG_Pub_2_0.pdf.

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intelligence agencies for use in all-source products. Robert Mueller, thenDirector of the FBI when he testified in 2011, stated:

Protecting the United States against terrorism demanded a new framework for the way

the FBI carries out its mission: a threat-based, intelligence-led approach. Rather than

collecting information to solve a particular case, the new approach prioritizes the

collection and utilization of intelligence to develop a comprehensive threat picture,

enabling strategic disruptions of terrorist networks before they act. This focus on the

overall threat picture also elevates the need for information sharing, thereby changing

the FBI’s role in and relationships with both the intelligence and law enforcement

communities. Under this new model, intelligence drives how we understand threats,

how we prioritize and investigate these threats, and how we target our resources to

address these threats.18

Selected IC Issues with Homeland Security Implications

Domestic Surveillance

Domestic surveillance issues will likely be a concern for the 114th Congress principally because

three amendments to the Foreign Intelligence Surveillance Act (FISA) of 1978 (P.L. 95-511)19

will expire on June 1, 2015, unless Congress votes to extend them.20

FISA provides a statutory framework regulating when government agencies may gather foreign

intelligence through electronic surveillance or physical searches, capture the numbers dialed on a

telephone line (pen registers) and identify the originating number of a call on a particular phone

line (with trap and trace devices), or access specified business records and other tangible things.

Authorization for such activities is typically obtained via a court order from the Foreign

Intelligence Surveillance Court (FISC), a specialized court created to act as a neutral judicial

decisionmaker in the context of FISA.

Shortly after the 9/11 terrorist attacks, Congress amended FISA to enable the government to

obtain information in a greater number of circumstances.21 Three temporary amendments to FISA

are known as the “roving” wiretap provision, the “Section 215” provision, and the “lone wolf”

provision. The first two of these provisions were part of the USA PATRIOT Act of 200122 and the

18

U.S. Congress, House Permanent Select Committee on Intelligence, Statement of Robert S. Mueller, III; Director

FBI, Federal Bureau of Investigations, Hearing, 112th Cong., 1st sess., October 6, 2011, at http://www.fbi.gov/news/

testimony/the-state-of-intelligence-reform-10-years-after-911.

19

The original FISA legislation, P.L. 95-511 is available at http://www.gpo.gov/fdsys/pkg/STATUTE-92/pdf/

STATUTE-92-Pg1783.pdf.

20

These provisions were last extended in 2011. See P.L. 112-14, “PATRIOT Sunsets Extension Act of 2011.” §2.

“SUNSET EXTENSIONS: (a) USA PATRIOT Improvement and Reauthorization Act of 2005.—Section 102(b)(1) of

the USA PATRIOT Improvement and Reauthorization Act of 2005 (P.L. 109-177; 50 U.S.C. 1805 note, 50 U.S.C.

1861 note, and 50 U.S.C. 1862 note) is amended by striking ‘May 27, 2011’ and inserting ‘June 1, 2015’. (b)

Intelligence Reform and Terrorism Prevention Act of 2004.—Section 6001(b)(1) of the Intelligence Reform and

Terrorism Prevention Act of 2004 (P.L. 108-458; 50 U.S.C. 1801 note) is amended by striking ‘May 27, 2011’ and

inserting ‘June 1, 2015’.”

21

CRS Report R40138, Amendments to the Foreign Intelligence Surveillance Act (FISA) Extended Until June 1, 2015,

by (name redacted).

22

P.L. 107-56.

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third was passed as part of the IRTPA of 2004.23 Distinctions between the three temporary

amendments include:

•

Multipoint, or “roving” wiretaps allow wiretaps to follow an individual even when he or

she changes the means of communication (i.e., wiretaps which may follow a target even

when he or she changes phones). If it is allowed to expire, FISA provisions require a

separate FISA Court authorization to tap each device a target uses.24

•

“Section 215” broadens the types of records and “other tangible things” that can be made

accessible to the government under FISA. If it is allowed to expire, FISA provisions will

read as they did prior to passage of the USA PATRIOT Act, and accessible business

records will be limited to “common carrier, public accommodation facility, physical

storage facility, or vehicle rental facility.”25

•

The “lone wolf” provision allows the government to monitor individuals acting alone and

potentially engaged in international terrorism, providing that they are not citizens or

permanent residents of the United States. If it is allowed to expire, there is no provision

for individuals acting alone.26

An extension of these authorities would need to be enacted prior to June 1, 2015, in order for

them to be maintained. Otherwise, the amended FISA authorities will revert to the text as it

appeared before the enactment of the USA PATRIOT Act and IRTPA. However, foreign

intelligence investigations that began prior to the sunset date may continue to use these authorities

beyond their expiration.

The National Security Agency (NSA) has been collecting bulk telephone data as “tangible things”

since 2001, and doing so using Section 215 authorities as a legal basis for that activity since

2006.27 As Congress considers extending Section 215, the U.S. Court of Appeals for the Second

Circuit recently ruled that Section 215 does not authorize the “bulk collection” of phone records

on the scale of the NSA program “[b]ecause we find that the program exceeds the scope of what

Congress has authorized.”28 The court ruling appears to suggest that the bulk data collection

program needs a separate authorization either within Section 215, or in addition to Section 215.

At this time, three bills have been introduced in the 114th Congress to extend all three provisions.

The House and Senate versions (H.R. 2048, S. 1123), popularly known as the “USA FREEDOM

Act of 2015,”29 would not only extend the three amendments until December 15, 2019, but would

23

P.L. 108-458.

CRS Report R40138, Amendments to the Foreign Intelligence Surveillance Act (FISA) Extended Until June 1, 2015,

by (name redacted).

25

Ibid.

26

Ibid.

27

U.S. Congress, House, House Judiciary Committee, “Uniting and Strengthening America by Fulfilling Rights and

Ensuring Effective Discipline over Monitoring Act of 2015,” Report to Accompany H.R. 2048, H.Rept. 114-109, 114th

Cong., 1st sess., May 8, 2015, p. 8.

28

ACLU v. Clapper, Doc. No. 14-42-cv, (2nd Cir., 2015), p. 5. The ruling did not comment on the program’s

constitutionality.

29

U.S. Congress, House, “Uniting and Strengthening America by Fulfilling Rights and Ensuring Effective Discipline

Over Monitoring Act of 2015,” H.R. 2048, 114th Cong., 1st sess., introduced April 29, 2015; and U.S. Congress, Senate,

“Uniting and Strengthening America by Fulfilling Rights and Ensuring Effective Discipline Over Monitoring Act of

(continued...)

24

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also propose a number of FISA reforms.30 A separate Senate bill (S. 1035) extends the three

amendments until December 31, 2020. S. 1035 is being called a “clean bill” because it contains

no new provisions.31

Information-Sharing and Collaboration

The “wall” between domestic and foreign intelligence has come down metaphorically, but

barriers to information-sharing and collaboration32 continue between the IC and law enforcement

entities,33 between IC entities in the various levels of government—federal, state, local, tribal,

territorial—and between the public and private sector. DHS has efforts underway to overcome

those barriers. For example, in order to meet the DHS’s public‐private cybersecurity data sharing

and analytical collaboration mission, DHS has developed a Critical Infrastructure Information

Sharing and Collaboration Program (CISCP) that shares threat, incident and vulnerability

information between government and industry across critical infrastructure sectors such as the

chemical, energy, dams, and financial services sectors.34

Congress may choose to explore how the DHS is measuring progress in efforts such as CISCP,

and, based on those metrics, where DHS and the IC as a whole are in terms of informationsharing and collaboration on homeland security-related issues such as cybersecurity, border

security, transportation security, disaster response, drug interdiction, critical infrastructure

protection, and homegrown violent extremism. As Congress reviews cases of collaboration

between multiple agencies, it may examine if it is clear which agency has the lead, and whether

any single organization is accountable if a collaborative arrangement fails. Congress may also

choose to pass legislation designed to encourage information-sharing and collaboration in specific

fields, such as cybersecurity.35

(...continued)

2015,”S. 1123,114th Cong., 1st sess., introduced May 11, 2015.

30

Reforms include: “Pen Register and Trap and Trace Reform,” “FISA Acquisitions Targeting Persons Outside the

United States Reforms,” “Foreign Intelligence Surveillance Court Reforms,” and “National Security Letter Reform.”

These and other suggested changes are not discussed in this report.

31

U.S. Congress, Senate, “A bill to extend authority relating to roving surveillance, access to business records, and

individual terrorists as agents of foreign powers under the Foreign Intelligence Surveillance Act of 1978 and for other

purposes,” S. 1035, 114th Cong., 1st sess., introduced April 22, 2015.

32

Barriers to information-sharing and collaboration include different uses of information collected by various

organizations (e.g., data gathered for intelligence purposes vs. evidence gathered to prosecute a criminal), access to

classified materials, complications associated with information technology, differing organizational cultures, and

concerns over the damage caused by leaked information. Various types of DHS, IC, and law enforcement centers exist

to “fuse” or bridge the gaps between organizations at all levels of but the system for integrating intelligence-related

information is far from perfect.

33

A large part of the statutory basis for the ‘wall’ between law enforcement and intelligence information was removed

with passage of the USA PATRIOT Act, which made it possible to share law enforcement information with analysts in

intelligence agencies, but many obstacles remain.

34

U.S. Department of Homeland Security, CIKR Cyber Information and Collaboration Program, at http://csrc.nist.gov/

groups/SMA/ispab/documents/minutes/2013-06/ispab_june2013_menna_ciscp_one_pager.pdf. See also DHS, “Critical

Infrastructure and Key Resources Cyber Information Sharing and Collaboration Program,” at https://www.us-cert.gov/

sites/default/files/c3vp/CISCP_20140523.pdf; and DHS, “Critical Infrastructure Sectors,” at http://www.dhs.gov/

critical-infrastructure-sectors.

35

For additional information, see the “Cybersecurity” section, below.

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Counterterrorism and Security Management

The Transnational Trend of Terrorism

John Rollins, Specialist in Terrorism and National Security ([redacted]@crs.loc.gov, 7-....)

For more information, see CRS Report R41004, Terrorism and Transnational Crime: Foreign

Policy Issues for Congress.

Terrorism remains a transnational threat that entails risks to U.S. global interests emanating from

and manifesting in both the international and domestic environment. Central to U.S. efforts to

address transnational terrorism are actions taken to detect, deter, and defeat Al Qaeda and the

Islamic State. While recognizing that numerous other terrorist groups may wish to harm U.S.

global security interests, the Administration primarily focuses on addressing threats from Al

Qaeda, its affiliated organizations, and adherents to its violence-based philosophy and the Islamic

State. Understanding how Al Qaeda and the Islamic State continue to evolve into global entities

with a diverse set of actors and capabilities is central to formulating sound strategic policy and

overseeing its effective implementation.

Al Qaeda

The past few years have witnessed an increase in terrorist actions by entities claiming some

affiliation with or philosophical connection to Al Qaeda. Many of the past year’s global terrorist

attacks were conducted by individuals or small terrorist cells that received support ranging from

resources and training to having minimal connections, if any, with the terrorist groups to which

they claim allegiance. Some argue that recent U.S. counterterrorism successes may be reducing

the level of terrorist threats to the nation emanating from core Al Qaeda. U.S. officials suggest

that the killing of Osama bin Laden in May 2011 coupled with continuous post-9/11 global

military and intelligence counterterrorism actions have significantly degraded Al Qaeda’s ability

to successfully launch a catastrophic terrorist attack against U.S. global interests. Others suggest

that Al Qaeda has changed from an organization to a philosophical movement, making it more

difficult to detect and defeat. These security experts suggest that Al Qaeda and associated

affiliates will remain viable, due in part to the prospective security implications related to the

nation’s budgetary situation. Counterterrorism analyst Daveed Gartenstein-Ross argues that “The

U.S. will not be (defeated) by Al Qaeda. But one can see that as the national debt increases, we

(will) have to make spending cuts and as Al Qaeda gets stronger in multiple countries

simultaneously—Somalia, Yemen, Pakistan, maybe Mali—suddenly you’re looking at multiple

theaters from where catastrophic strikes can be launched.”36

36

Spencer Ackerman, “Even Dead, Osama Has a Winning Strategy,” Wired, July 20, 2011, http://www.wired.com/

dangerroom/2011/07/even-dead-osama-has-a-winning-strategy-hint-its-muhammad-alis/.

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The Islamic State37

The Islamic State (IS, also known as the Islamic State of Iraq and the Levant, ISIL, or ISIS) is a

transnational Sunni Islamist insurgent and terrorist group that has expanded its control over areas

of parts of Iraq and Syria since 2013. There is debate over the degree to which the Islamic State

organization might represent a direct terrorist threat to U.S. facilities and personnel in the region

or to the U.S. homeland. The forerunners of the Islamic State were part of the insurgency against

coalition forces in Iraq, and the organization has in the years since the 2011 U.S. withdrawal from

Iraq expanded its control over significant areas of both Iraq and Syria. The Islamic State has

thrived in the disaffected Sunni tribal areas of Iraq and taken control of some eastern provinces of

Syria affected by the civil war. In 2014, Islamic State-led forces, supported by groups linked to

ousted Iraqi President Saddam Hussein and some Sunni Arabs, advanced along the Tigris and

Euphrates rivers in Iraq, taking population centers including Mosul, one of Iraq’s largest cities.

Since then, IS forces have killed Syrian and Iraqi adversaries, including some civilians, often

from ethnic or religious minorities, and killed hostages, including U.S. citizens. Islamic State

attempts to make further gains continue. The group’s tactics have drawn international ire, and

raised U.S. attention to Iraq’s political problems and to the war in Syria.

Considerations

The balance between ensuring effective counterterrorism policies and being mindful of the

current budget environment is not lost on senior Administration officials. In recent years John

Brennan, in his former capacity as the Assistant to the President for Homeland Security, now the

Director of the Central Intelligence Agency, has spoken of Osama bin Laden’s often stated

objective of pursuing global acts of terrorism against the nation’s interests with the desire to

“bleed [the U.S.] financially by drawing us into long, costly wars that also inflame anti-American

sentiment.”38

The terrorist threat to U.S. global interests will likely remain an important issue for the

Administration and the 114th Congress. Over the past few years numerous individuals were

arrested in the homeland and abroad for conducting attacks and planning terrorism-related

activities directed at U.S. national security interests. All of the attacks—successful and

unsuccessful—were of a transnational dimension and ranged from a lone shooter who appears to

have become radicalized over the Internet to terrorist organizations wishing to use airliners as

platforms for destruction to individuals attempting to detonate large quantities of explosives in

symbolic areas frequented by large groups of people.

The 113th Congress undertook efforts, largely through hearings, to better understand the nature of

terrorism in various geographic regions and assess the effectiveness of U.S. and partnering

nations’ counterterrorism efforts. Programs and policies that Congress has reviewed include

public diplomacy efforts; imposition of sanctions; terrorism financing rules; the nexus between

international crime, narcotics, and terrorism; and the relationship between domestic and

international terrorism activities. The 114th Congress may continue to assess the Obama

Administration’s counterterrorism-related strategies, policies, and programs to ascertain if

37

For additional information, see CRS Report R43612, The “Islamic State” Crisis and U.S. Policy, by (name redacted)

et al.

38

Remarks by the John Brennan, the Assistant to the President for Homeland Security and Counterterrorism, before the

Paul H. Nitze School of Advanced International Studies, June 29, 2011.

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additional guidance or legislation is required. These assessments will likely entail considerations

of how best to balance perceived risks to U.S. global security interests with concerns about the

long-term fiscal challenges facing the nation.

The Homegrown Violent Jihadist Threat: Four Key Themes

(name redacted), Specialist in Organized Crime and Terrorism ([redacted]@crs.loc.gov, 7....)

Homegrown violent jihadist39 activity since 9/11 defies easy categorization. CRS analysis of

homegrown violent jihadist plots and attacks since 9/11 suggests four broad themes:

•

Various Endgames for Plans: Plots have involved individuals interested in a

variety of ways to harm U.S. interests. Some individuals focused on becoming

foreign fighters in conflict zones, such as Somalia. Others planned attacks using

explosives, incendiary devices, or firearms. Yet others incorporated multiple,

unspecific, or unique tactics. Finally, outside of the post-9/11 violent plots,

additional individuals intended only to fund or materially support jihadist

activities.

•

Little Interest in Martyrdom: Only a minority of homegrown jihadists clearly

exhibited interest in killing themselves while engaged in violent jihad.

•

Success of Lone Wolves: Individuals acting alone, so-called “lone wolves,”

conducted all four successful homegrown attacks since 9/11.

•

Divergent Capabilities: The operational capabilities of participants diverge

greatly. Some evinced terrorist tradecraft such as bomb-making skills. Others

appeared to be far less experienced.

Congress may wish to keep these four themes in mind as it considers responses to the threat of

homegrown terrorism as opposed to foreign plots.

One aspect of the overall threat picture is the potential threat posed by “foreign fighters” from the

United States and elsewhere involved in the Syrian civil war.40 These foreign fighters join

terrorist groups such as the Islamic State (IS, also known as ISIS or ISIL). According to Nicholas

J. Rasmussen, the Director of the National Counterterrorism Center (NCTC), more than 20,000

39

For the purposes of this report, homegrown describes terrorist activity or plots perpetrated within the United States or

abroad by American citizens, lawful permanent residents, or visitors radicalized largely within the United States.

Violent jihadist describes radicalized individuals using Islam as an ideological and/or religious justification for their

belief in the establishment of a global caliphate—a jurisdiction governed by a Muslim civil and religious leader known

as a caliph—via violent means. Plots include schemes by homegrown individuals or groups to either join terrorist

organizations abroad or to commit violent attacks. Attack describes a plot in which ideologically-driven physical

violence was committed by homegrown jihadists. To qualify as an attack, the violence has to harm a person or people

in the United States or those targeted as Americans abroad. Lawful permanent residents refers to foreign nationals who

are legally admitted to reside permanently in the United States. For more information on homegrown violent jihadists,

see CRS Report R41416, American Jihadist Terrorism: Combating a Complex Threat, by (name redacted).

40

For the purposes of this report, “foreign fighters” from the United States are American citizens, lawful permanent

residents, or aliens who radicalized in the United States and plotted to or traveled abroad to join a foreign terrorist

group.

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foreign fighters from approximately 90 nations have traveled to Syria. Most are from the Middle

East and North Africa, with about 3,400 westerners who have joined the influx.41

U.S. intelligence officials have pointed out that not all individuals traveling to Syria take on the

role of a “foreign fighter.” According to James Clapper, the Director of National Intelligence, 180

people from the United States have gone to Syria. Not all have joined the Islamic State, and about

40 have returned.42

The federal government’s terrorist watchlisting process plays a key role in tracking people

suspected of having ties to the Islamic State.43 When federal law enforcement or intelligence

agencies identify someone known or reasonably suspected of terrorism, they are required to share

that information to help create a federal consolidated watchlist of known or suspected terrorists.

The watchlist supports “the ability of front line screening agencies to positively identify known or

suspected terrorists trying to obtain visas, enter the country, board aircraft, or engage in other

activity.... ”44

Preempting and Monitoring Potential Terrorists

Preemption and monitoring of possible IS terrorist activity by U.S. law enforcement can be

broadly described in terms of interdiction, investigation, and countering violent extremism in the

United States.

Interdiction involves—among other things—stopping a suspected terrorist from entering the

United States. For example, within DHS, components such as Customs and Border Protection

draw on information from the federal government’s consolidated terrorist watchlist as they

engage in intelligence-driven screening to mitigate the risk posed by certain travelers destined for

the United States.45 DHS Secretary Jeh C. Johnson has broadly alluded to U.S. coordination with

allies on foreign fighters. In an August 29, 2014, press release, he noted:

This government, in close collaboration with our international partners, has ... taken a series

of steps to track foreign fighters who travel in and out of Syria, and we are contemplating

additional security measures concerning foreign fighters. Some of the security measures will

be visible to the public and some understandably will be unseen.46

41

Nicholas J. Rasmussen, Director of the National Counterterrorism Center, statement for the record for a hearing

before the Senate Select Committee on Intelligence, February 12, 2015.

42

Mark Hosenball, “U.S. Spy Chief Says 40 Americans Who Went to Syria Have Returned,” Reuters, March 2, 2015.

43

Christopher M. Piehota. Director, Terrorist Screening Center, Federal Bureau of Investigation, written statement for a

House Homeland Security Committee, Subcommittee on Transportation Security hearing, “Safeguarding Privacy and

Civil Liberties While Keeping our Skies Safe,” September 18, 2014.

44

See http://www.ise.gov/terrorist-watchlist.

45

In 2012, Customs and Border Protection (CBP) described commercial air travel as “the primary target of terrorist

organizations seeking to attack the homeland or move operatives into the United States.... ” See Kevin McAleenan,

then-Assistant Commissioner, U.S. Customs and Border Protection, Office of Field Operations, written statement for a

House Committee on Homeland Security, Subcommittee on Border and Maritime Security hearing, “Eleven Years

Later: Preventing Terrorists from Coming to America,” September 11, 2012.

46

The press release discussed the United Kingdom’s decision to raise its threat level from “substantial” to “severe”

because of developments in Syria and Iraq. See Department of Homeland Security, press release, “Statement by

Secretary Johnson on the United Kingdom’s Decision to Raise Their Threat Level,” August 29, 2014.

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Johnson has also mentioned enhanced screening at select overseas airports.47 One of the known

efforts targeting foreign fighters pursued by DHS involves enhancements to the Electronic

System for Travel Authorization (ESTA) used by Customs and Border Protection to vet

prospective travelers from visa waiver countries “to determine if they pose a law enforcement or

security risk before they board aircraft destined for the United States.”48

Investigation largely focuses on Joint Terrorism Task Forces (JTTFs) led by the Federal Bureau of

Investigation (FBI) and supported by local, state, and federal agencies—including DHS.49 The

task forces fill the chief role in coordinating federal counterterrorism cases across the United

States, bringing together federal, state, and local participants in the process. JTTFs have been

involved in stopping individuals trying to leave the United States to fight with the Islamic State as

well as investigating people who have returned from the conflict zone. Beyond U.S. borders, the

FBI has legal attachés around the world that coordinate with foreign law enforcement partners to

fight terrorist activity. Additionally, the Department of Justice (DOJ) has worked to expand its

presence in countries that serve as transit points for foreign fighters.50

Countering violent extremism (CVE) involves the intricacies of radicalization. It focuses on

determining when individuals are in danger of shifting from radical activity involving First

Amendment-protected behavior to violent extremism.51 In part, CVE programs endeavor to

prevent this shift without relying on traditional policing techniques such as investigation and

prosecution. U.S. CVE programs can help keep people from traveling abroad to join terrorist

groups. Additionally, such efforts provide law enforcement with vital links to U.S. communities

that may provide tips regarding people who have returned from fighting in Syria and Iraq. Much

of the federal work in this area includes outreach to local communities. Regarding the Islamic

State, the FBI, DHS, and NCTC are striving to understand the motivations driving people to

radicalize and join the group.52 Also, DHS and NCTC provide information to U.S. community

groups about the recruitment efforts of violent extremist groups including those based in Syria

and Iraq.53 Finally, largely in response to the Islamic State, the federal government is pursuing a

program “in cities across the country to bring together community representatives, public safety

47

Jeh C. Johnson, Secretary, Department of Homeland Security, written statement for a House Homeland Security

Committee hearing, “Worldwide Threats to the Homeland,” September 17, 2014.

48

For details see CBP, “Strengthening Security of the VWP Through Enhancements to ESTA,” at http://www.cbp.gov/

travel/international-visitors/esta/enhancements-to-esta-faqs. For background see CRS Report RL32221, Visa Waiver

Program, by (name redacted). See also Tom Warrick, Deputy Assistant Secretary for Counterterrorism Policy,

Department of Homeland Security, written statement for a House Committee on Foreign Affairs joint subcommittee

hearing, “ISIS and the Threat from Foreign Fighters,” December 2, 2014.

49

See http://www.fbi.gov/about-us/investigate/terrorism/terrorism_jttfs.

50

Tal Kopan, “Holder: DOJ Expanding International Capacity to Stem Foreign Fighters,” Politico, November 13,

2014. In a capacity that combines interdiction and investigation, in September 2014, DOJ has noted that one of its

components, Interpol Washington, announced the creation of a program dedicated to thwarting foreign fighters. It will

draw on the investigative work of law enforcement agencies in more than 30 countries. DOJ, “Interpol Washington

Spearheads Foreign Terrorist Fighter Program, Serves as Catalyst for Global Information Sharing Network,” press

release, September 24, 2014.

51

For more information see CRS Report R42553, Countering Violent Extremism in the United States, by (name reda

cted).

52

Brookings Institution, “A National Counterterrorism Center Threat Assessment of ISIL and Al Qaeda in Iraq, Syria,

and Beyond,” “Proceedings,” September 3, 2014.

53

Nicholas J. Rasmussen, then-Deputy Director National Counterterrorism Center, written statement for a hearing

before the Senate Committee on Homeland Security and Governmental Affairs, “Cybersecurity, Terrorism, and

Beyond: Addressing Evolving Threats to the Homeland,” September 10, 2014.

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officials and religious leaders to counter violent extremism.”54 DOJ, DHS, and NCTC have

chosen Boston, MA; Los Angeles, CA; and Minneapolis-St. Paul, MN, as pilot cities for the

program.55

Cybersecurity

John Rollins, Specialist in Terrorism and National Security ([redacted]@crs.loc.gov, 7-....)

For more information, see CRS Report R40836, Cybersecurity: Current Legislation,

Executive Branch Initiatives, and Options for Congress.

Cyber threats to the United States are a current and growing concern to policymakers. Technology

is ubiquitous and relied upon in almost every facet of modern life, such as supporting government

services, corporate business processes, and individual professional and personal pursuits. Many of

these technologies are interdependent and the disruption to one piece of equipment may have a

negative cascading effect on other devices. A denial of service, theft or manipulation of data, or

damage to critical infrastructure through a cyber-based attack could have significant impacts on

national security, the economy, and the livelihood of individual citizens. These concerns raise

many questions for Congress, among them,

•

Who are the aggressors in cyberspace and what are their intentions and

capabilities?

•

What are the impacts and implications of cyberattacks?

•

What legislative and policy actions have the executive branch and Congress

taken to respond to threats from cyberspace? What further steps should be taken?

Cyber Threats

Cyber-based technologies56 are now ubiquitous around the globe. The vast majority of their users

pursue lawful professional and personal objectives. However, criminals, terrorists, and spies also

rely heavily on cyber-based technologies to support organizational objectives. These malefactors

may access cyber-based technologies in order to deny service, steal or manipulate data, or use a

device to launch an attack. Entities using cyber-based technologies for illegal purposes take many

forms and pursue a variety of actions counter to U.S. global security and economic interests.

The threats posed by these cyber-aggressors and the examples of types of attacks they can pursue

are not mutually exclusive. For example, a hacker targeting the intellectual property of a

corporation may be categorized as both a cyberthief and a cyberspy. A cyberterrorist and

cyberwarrior may be employing different technological capabilities in support of a nation’s

security and political objectives. Commonly recognized cyber-aggressors and representative

examples of the harm they can inflict include the following:

54

DOJ, “Attorney General Holder Announces Pilot Program to Counter Violent Extremists,” press release, September

15, 2014.

55

DOJ, “Pilot Programs Are Key to our Countering Violent Extremism Efforts,” press release, February 18, 2015.

56

Defined as an electronic device that accesses or relies on the transfer of bytes of data to perform a mechanical

function. The device can access cyberspace (the Internet) through the use of physical connections or wireless signals.

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Cyberterrorists are state-sponsored and non-state actors who engage in cyberattacks as a form of

terrorism. Transnational terrorist organizations, insurgents, and jihadists have used the Internet as

a tool for planning attacks, radicalization and recruitment, a method of propaganda distribution,

and a means of communication.57 While no unclassified reports have been published regarding a

cyberattack on a critical component of the nation’s infrastructure, the vulnerability of critical lifesustaining control systems being accessed and destroyed via the Internet has been demonstrated.

In 2009, the Department of Homeland Security (DHS) conducted an experiment that revealed

some of the vulnerabilities to the nation’s control systems that manage power generators and

grids. The experiment, known as the Aurora Project, entailed a computer-based attack on a power

generator’s control system that caused operations to cease and the equipment to be destroyed.58

Cyberspies are individuals who steal classified or proprietary information used by governments or

private corporations to gain a competitive strategic, security, financial, or political advantage.

These individuals often work at the behest of, and take direction from, foreign government

entities. For example, a 2011 FBI report noted, “a company was the victim of an intrusion and

had lost 10 years’ worth of research and development data—valued at $1 billion—virtually

overnight.”59 Likewise, in 2008 the Department of Defense’s (DOD’s) classified computer

network system was unlawfully accessed and “the computer code, placed there by a foreign

intelligence agency, uploaded itself undetected onto both classified and unclassified systems from

which data could be transferred to servers under foreign control.”60 2013 was the last time the

intelligence community reportedly produced a classified National Intelligence Estimate (NIE)

focused on cyberspying against U.S. targets from abroad. The NIE reportedly addressed activities

relating to the “Chinese government’s broad policy of encouraging theft of intellectual property

through cyberattacks.”61 Around the time the classified report was due to be issued then-DOD

Secretary Leon Panetta stated, “it’s no secret that Russia and China have advanced cyber

capabilities.”62

Cyberthieves are individuals who engage in illegal cyberattacks for monetary gain.63 Examples

include an organization or individual who illegally accesses a technology system to steal and use

or sell credit card numbers and someone who deceives a victim into providing access to a

financial account. One estimate has placed the annual cost of cybercrime to individuals in 24

countries at $388 billion.64 However, given the complex and sometimes ambiguous nature of the

57

For additional information, see CRS Report RL33123, Terrorist Capabilities for Cyberattack: Overview and Policy

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

58

See Department of Homeland Security, Office of Inspector General, “Challenges Remain in DHS’ Efforts to Security

Control Systems,” August 2009. For a discussion of how computer code may have caused the halting of operations at

an Iranian nuclear facility see CRS Report R41524, The Stuxnet Computer Worm: Harbinger of an Emerging Warfare

Capability, by (name redacted), (name redacted), and (name redacted).

59

Executive Assistant Director Shawn Henry, Responding to the Cyber Threat, Federal Bureau of Investigation,

Baltimore, MD, 2011.

60

Department of Defense Deputy Secretary of Defense William J. Lynn III, “Defending a New Domain,” Foreign

Affairs, October 2010.

61

Ken Dilanian, “U.S. Spy Agencies to Detail Cyberattacks from Abroad,” Los Angeles Times, December 6, 2012.

62

Ibid.

63

For discussions of federal law and issues relating to cybercrime, see CRS Report 97-1025, Cybercrime: An Overview

of the Federal Computer Fraud and Abuse Statute and Related Federal Criminal Laws, by (name redacted), and CRS

Report R41927, The Interplay of Borders, Turf, Cyberspace, and Jurisdiction: Issues Confronting U.S. Law

Enforcement, by (name redacted).

64

Symantec, “Symantec Internet Security Threat Report: Trends for 2010,” vol. 16, April 2011. Plain text summary

with calculations available at http://www.symantec.com/about/news/release/article.jsp?prid=20110907_02.

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costs associated with cybercrime, and the reluctance in many cases of victims to admit to being

attacked, there does not appear to be any publicly available, comprehensive, reliable assessment

of the overall costs of cyberattacks.

Cyberwarriors are agents or quasi-agents of nation-states who develop capabilities and undertake

cyberattacks in support of a country’s strategic objectives.65 These entities may or may not be

acting on behalf of the government with respect to target selection, timing of the attack, and

type(s) of cyberattack and are often blamed by the host country when accusations are levied by

the nation that has been attacked. Often, when a foreign government is provided evidence that a

cyberattack is emanating from its country, the nation that has been attacked is informed that the

perpetrators acted of their own volition and not at the behest of the government. In August 2012 a

series of cyberattacks were directed against Saudi Aramco, the world’s largest oil and gas

producer and most valuable company, according to the New York Times. The attacks compromised

30,000 of the company’s computers and the code was apparently designed to disrupt or halt the

production of oil. Some security officials have suggested that Iran may have supported this attack.

However, numerous cyberwarrior groups, some with linkages to nations with objectives counter

to those of Saudi Arabia, have claimed credit for this incident.66

Cyberactivists are individuals who perform cyberattacks for pleasure, philosophical, or other

nonmonetary reasons. Examples include someone who attacks a technology system as a personal

challenge (who might be termed a “classic” hacker), and a “hacktivist” such as a member of a

group who undertakes an attack for political reasons. The activities of these groups can range

from simple nuisance-related denial of service attacks to disrupting government and private

corporation business processes.

Ascertaining information about the aggressor and their capabilities and intentions is very

difficult.67 The threats posed by these aggressors coupled with the United States’ proclivity to be

an early adopter of emerging technologies,68 which are often interdependent and contain

vulnerabilities, make for a complex environment when considering operational responses,

policies, and legislation designed to safeguard the nation’s strategic economic and security

interests.

65

For additional information, see CRS Report RL31787, Information Operations, Cyberwarfare, and Cybersecurity:

Capabilities and Related Policy Issues, by (name redacted).

66

Perlroth, Nicole, “Cyberattack on Saudi Firm Disquiets U.S.,” New York Times, October 24, 2012, p. A1. Available

at http://www.nytimes.com/2012/10/24/business/global/cyberattack-on-saudi-oil-firm-disquiets-us.html?pagewanted=

all.

67

The concept of attribution in the cyber world entails an attempt to identify with some degree of specificity and

confidence the geographic location, identity, capabilities, and intention of the cyber-aggressor. Mobile technologies and

sophisticated data routing processes and techniques often make attribution difficult for U.S. intelligence and law

enforcement communities.

68

Emerging cyber-based technologies that may be vulnerable to the actions of a cyber-aggressor include items that are

in use but not yet widely adopted or are currently being developed. For additional information on how the convergence

of inexpensive, highly sophisticated, and easily accessible technology is providing opportunities for cyber-aggressors to

exploit vulnerabilities found in a technologically laden society, see Global Trends 2030: Alternative Worlds, National

Intelligence Council, Office of the Director of National Intelligence, December 10, 2012.

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Legislative Branch Efforts to Address Cyber Threats69

More than 50 federal statutes address various aspects of cybersecurity either directly or indirectly,

but there is no overarching cybersecurity framework legislation in place.

Since the 111th Congress, many bills have been introduced that would address specific

cybersecurity issues. The main topics addressed by the bills include:

•

Information Sharing—easing access of the private sector to classified threat

information and removing barriers to sharing within the private sector and with

the federal government. Issues: Roles of DHS and the Intelligence Community

(IC), impacts on privacy and civil liberties, and risks of misuse by the federal

government or the private sector.

•

Federal Information Security Management Act (FISMA) Reform—updating

the 2002 law to reflect changes in information and communications technology

and the threat landscape. Issues: Role of DHS, OMB, and Commerce, and

flexibility of requirements.

•

Research and Development (R&D)—updating agency authorizations and

strategic planning requirements. Issues: Agency roles, topics for R&D, and levels

of funding.

•

Workforce—improving the size, skills, and preparation of the federal and

private-sector cybersecurity workforce. Issues: Hiring and retention authorities,

occupational classification, recruitment priorities, and roles of DHS, NSA, the

National Science Foundation (NSF), and NIST.

•

Privately Held Communications Infrastructure (CI)—improving protection of

private-sector CI from attacks with major impacts. Issues: Roles of DHS and

other federal agencies, and regulatory vs. voluntary approach.

•

Data-Breach Notification—requiring notification to victims and other responses

after data breaches involving personal or financial information of individuals.

Issues: Federal vs. state roles and what responses should be required.

•

Cybercrime Laws—updating criminal statutes and law-enforcement authorities

relating to cybersecurity. Issues: Adequacy of current penalties and authorities,

impacts on privacy and civil liberties.

Although comprehensive cybersecurity legislation was not enacted by the 113th Congress, five

bills that contained cybersecurity provisions were passed and signed into law in December, 2014:

•

Federal Information Security Modernization Act of 2014 (S. 2521; P.L. 113283)—amended FISMA to clarify the cybersecurity authorities for the Office of

Management and Budget and DHS.

•

Cybersecurity Workforce Assessment Act (H.R. 2952; P.L. 113-324)—

provided for an annual review of the DHS cybersecurity workforce and required

the development of a DHS cybersecurity workforce strategy.

69

Information derived from CRS Report R42114, Federal Laws Relating to Cybersecurity: Overview of Major Issues,

Current Laws, and Proposed Legislation, by (name redacted)

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•

Sections 3 and 4 of the Border Agency Pay Reform Act of 2014 (S. 1691; P.L.

113-277)—mandated an assessment of the DHS cybersecurity workforce and

authorized special recruitment and retention measures for cybersecurity

personnel.

•

National Cybersecurity Protection Act of 2014 (S. 2519; P.L. 113-240)—

authorized establishment of a national cybersecurity and communications

integration center within DHS;

•

Cybersecurity Enhancement Act of 2014 (S. 1353, P.L. 113-274)—addressed a

broad range of themes, including NSF and NIST activities in cybersecurity

research and development, standards, workforce development, the NIST

Framework, and cybersecurity awareness and education programs.

Many observers believe that enactment of comprehensive cybersecurity legislation will be

attempted again in the 114th Congress.

Executive Branch Actions to Address Cyber Threats70

In 2008, the George W. Bush Administration established the Comprehensive National

Cybersecurity Initiative (CNCI) through National Security Presidential Directive 54/Homeland

Security Presidential Directive 23 (NSPD-54/HSPD-23). Those documents are classified, but the

Obama Administration released a description of them in March 2010.71 Goals of the 12 initiatives

in that description include consolidating external access points to federal systems; deploying

intrusion detection and prevention systems across those systems; improving research coordination

and prioritization and developing “next-generation” technology, information sharing, and

cybersecurity education and awareness; mitigating risks from the global supply chain for

information technology; and clarifying the federal role in protecting critical infrastructure.

In December 2009, the Obama Administration created the position of White House Cybersecurity

Coordinator. The responsibilities for this position include government-wide coordination of

cybersecurity-related issues, including overseeing the implementation of the CNCI. The

Coordinator works with both the National Security and Economic Councils in the White House.

However, the Coordinator does not have direct control over agency budgets, and some observers

argue that operational entities such as the DOD’s National Security Agency (NSA) have far

greater influence over federal cybersecurity issues.72 Reportedly, in October 2012 President

Obama signed a classified Presidential Decision Directive that “enables the military to act more

aggressively to thwart cyberattacks on the Nation’s web of government and private computer

networks.”73

70

Information contained in this section was derived from multi-authored reports and memos produced by numerous

CRS analysts working on cybersecurity.

71

The White House, “The Comprehensive National Cybersecurity Initiative,” March 5, 2010. For additional

information about this Initiative and associated policy considerations, see CRS Report R40427, Comprehensive

National Cybersecurity Initiative: Legal Authorities and Policy Considerations, by (name redacted) and (name re

dacted).

72

See, for example, Seymour M. Hersh, “Judging the Cyber War Terrorist Threat,” The New Yorker, November 1,

2010.

73

Nakashima, Ellen, “Obama Signs Secret Directive to Help Thwart Cyberattacks,” The Washington Post, Nov. 14,

2012.

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The complex federal role in cybersecurity involves securing federal systems, assisting in

protecting nonfederal systems, and pursuing military, intelligence, and law enforcement

community detection, surveillance, defensive, and offensive initiatives. Under current law, all

federal agencies have cybersecurity responsibilities relating to their own systems and dozens of

agencies have government-wide aggressor, issue, and critical infrastructure sector-specific

responsibilities and legislative authorities. The cybersecurity roles and responsibilities of these

agencies are often complementary but at times are overlapping or competing. In the absence of

enactment of overarching cybersecurity legislation, during the past two years the White House

has issued a number of executive orders and presidential directives addressing intelligence issues,

critical infrastructure protection, and safeguarding of classified materials.74

Continuity of Government Operations

(name redacted), Specialist in American National Government, Government and Finance

Division ([redacted]@crs.loc.gov, 7-....)

Continuity of government operations refers to programs and initiatives to ensure that governing

entities are able to recover from a wide range of potential operational interruptions. Government

continuity planning may be viewed as a process that incorporates preparedness capacities,

including agency response plans, employee training, recovery plans, and the resumption of

normal operations. These activities are established in part to ensure the maintenance of civil

authority, provision of support for those affected by an incident, infrastructure repair, and other

actions in support of recovery. Arguably, any emergency response presumes the existence of an

ongoing, functional government to fund, support, and oversee recovery efforts. Interruptions for

which contingency plans might be activated include localized acts of nature, accidents,

technological emergencies, and military or terrorist attack-related incidents.

Current authority for executive branch continuity programs is provided in the 2007 National

Security Presidential Directive (NSPD) on National Continuity Policy, NSPD-51.75 To support the

provision of essential government activities, NSPD-51 sets out a policy “to maintain a

comprehensive and effective continuity capability composed of continuity of operations76 and

continuity of government77 programs in order to ensure the preservation of our form of

government78 under the Constitution and the continuing performance of national essential

functions (NEF) under all conditions.”

74

The White House, “Cybersecurity,” last accessed March 19, 2015, https://www.whitehouse.gov/issues/foreignpolicy/cybersecurity.

75

White House, Office of the Press Secretary, National Security and Homeland Security Presidential Directive, May 9,

2007. NSPD-51 is also identified as Homeland Security Presidential Directive (HSPD) 20. A more detailed discussion

of national continuity policy is available in CRS Report RS22674, National Continuity Policy: A Brief Overview, by (na

me redacted). Original document available at https://www.fema.gov/pdf/about/org/ncp/nspd_51.pdf.

76

NSPD-51 identifies continuity of operations (COOP) as “an effort within individual executive departments and

agencies to ensure that Primary Mission-Essential Functions continue to be performed during a wide range of

emergencies, including localized acts of nature, accidents, and technological or attack-related emergencies.”

77

NSPD-51 identifies continuity of government (COG) as “a coordinated effort within the federal government’s

executive branch to ensure that national essential functions continue to be performed during a catastrophic emergency.”

78

The directive notes “that each branch of the federal government is responsible for its own continuity programs,” and

requires an executive branch official to “ensure that the executive branch’s COOP and COG policies ... are

appropriately coordinated with those of the legislative and judicial branches in order to … maintain a functioning

federal government.” The legislative branch and the federal judiciary maintain continuity programs consonant with

(continued...)

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Executive Order (E.O.) 12656, Assignment of Emergency Preparedness Responsibilities, was

issued in 1988,79 and assigns national security emergency preparedness responsibilities to federal

executive departments and agencies. E.O. 12656 requires the head of each federal department and

agency to “ensure the continuity of essential functions in any national security emergency by

providing for: succession to office and emergency delegation of authority in accordance with

applicable law; safekeeping of essential resources, facilities, and records; and establishment of

emergency operating capabilities.” Subsequent sections require each department to carry out

specific contingency planning activities in its areas of policy responsibility.

Although contingency planning authorities are chiefly based on presidential directives, Congress

could consider whether current authorities accurately reflect current government organization and

goals, the costs of these programs, potential conflicts that might result from departments and

agencies complying with different authorities, and the extent to which government contingency

planning ensures that the federal executive branch will be able to carry out its responsibilities

under challenging circumstances.

Medical Countermeasures to Chemical, Biological, Radiological,

and Nuclear Terrorism

(name redacted), Specialist, Science and Technology Policy ([redacted]@crs.loc.gov, 7-....)

The 2014 Ebola outbreak highlighted the lack of available medical countermeasures against many

of the highest risk chemical, biological, radiological, and nuclear (CBRN) threats. Following the

2001 anthrax attacks, the federal government created several programs to develop, procure, and

distribute CBRN medical countermeasures. Despite these efforts, many of the CBRN threats that

the government deems likely to pose the highest risk lack available countermeasures, and some

experts question the government’s ability to distribute countermeasures quickly. The 114th

Congress may consider the effectiveness of federal efforts and whether current programs should

be continued, modified, or ended.

Federal efforts to support the research, development, and procurement of CBRN medical

countermeasures include components from the Departments of Defense, Homeland Security, and

Health and Human Services (HHS). In light of the current fiscal environment and demonstrated

gaps in available countermeasures, Congress may increase its scrutiny of the planning,

coordination, and accountability of this complicated multiagency enterprise. Policymakers may

be aided in their evaluation of these programs by the first iterations of the annual countermeasure

strategy and implementation plan and coordinated multiyear budget mandated by the Pandemic

and All-Hazards Preparedness Reauthorization Act of 2013 (P.L. 113-5).

To help HHS procure new medical countermeasures, Congress passed the Project BioShield Act

(P.L. 108-276) in 2004. Through Project BioShield, HHS can encourage the private sector to

develop CBRN medical countermeasures by creating a guaranteed federal market. Project

BioShield allows the government to agree to buy a countermeasure up to 10 years before the

(...continued)

their positions as coequal branches of government. NSPD-51 does not specify the nature of appropriate coordination

with continuity planners in the legislative and judicial branch.

79

53 Federal Register 47491; November 23, 1988.

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product is likely to finish development. The federal government used this program to acquire

medical countermeasures against anthrax, smallpox, botulinum toxin, some nerve agents, and

some radiological and nuclear threats. However, many threats, including Ebola, continue to lack

effective medical countermeasures. Congress funded Project BioShield through a $5.6 billion

advance appropriation for FY2004-FY2013. Since FY2014, Congress has provided annual

appropriations for this program. Some countermeasure developers assert that another multiyear

advance appropriation would increase their ability to develop countermeasures.80 The 114th

Congress may consider whether modifying the funding amount or providing an advance

appropriation would improve the program’s efficiency or performance.

Distribution of existing medical countermeasures during a CBRN emergency remains a challenge

for the federal government and its partners. The federal government maintains programs,

including the Centers for Disease Control and Prevention’s Strategic National Stockpile, that

stockpile and distribute stores of medical countermeasures. Some experts question the sufficiency

of these federal programs, and whether state governments have the capacity to receive and

effectively disseminate federal stockpiles.81 Congress may continue evaluating the effectiveness

of federal programs and may consider additional stockpiling and distribution methods. Such

methods may include stockpiling countermeasures in homes or businesses or using the U.S.

Postal Service to distribute countermeasures. These proposals may raise concerns regarding

program costs, unintended use of countermeasures, and local implementation.

BioWatch: Detection of Aerosol Release of Biological Agents

(name redacted), Specialist in Public Health and Epidemiology ([redacted]@crs.loc.gov, 7-....)

The BioWatch program—begun in 2003—deploys pathogen sensors in more than 30 large U.S.

cities to detect the possible aerosol release of a bioterrorism pathogen, in order that medications

can be distributed before exposed individuals become ill.82 The DHS Office of Health Affairs

(OHA) manages the system. The Centers for Disease Control and Prevention (CDC) oversees

some aspects of laboratory testing. Local jurisdictions would manage the public health response

to a bioterrorism incident.

BioWatch has not detected a bioterrorism incident since its inception, although it has detected

pathogens of interest; scientists believe that natural airborne “background” levels of these or

related pathogens exist in certain regions. In July 2012, the Los Angeles Times published the first

in a series of investigative articles criticizing the performance of BioWatch, claiming that the

system is prone to false alarms and is also insufficiently sensitive to detect an actual incident.83

DHS disputed these claims.84 In addition, some state and local health officials defended the

80

U.S. Congress, House Committee on Appropriations, Subcommittee on Labor, Health and Human Services,

Education, and Related Agencies, Departments of Labor, Health and Human Services, Education, and Related

Agencies Appropriations for 2011, Part 6, Statements of Members of Congress and Other Interested Individuals and

Organizations, 111th Cong., 2nd sess., May 12, 2010 (Washington: GPO, 2010), pp. 197-204.

81

See for example, Christopher Nelson, Andrew M. Parker, and Shoshana R. Shelton, et al., Analysis of the Cities

Readiness Initiative (Santa Monica, CA: RAND Corporation, 2012), pp. 31-34.

82

For more information, see the BioWatch current services program description in Department of Homeland Security,

Congressional Budget Justification, FY2016, Office of Health Affairs, pp. OHA-4-5, http://www.dhs.gov/dhs-budget.

83

David Willman, “The Biodefender That Cries Wolf,” Los Angeles Times, July 8, 2012.

84

Dr. Alexander Garza, Assistant Secretary for Health Affairs, DHS, “The Truth About BioWatch: The Importance of

(continued...)

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program, saying, among other things, that it has fostered collaboration among federal, state, and

local officials, who would be called upon to work together in response to an actual incident.85

Timely treatment can reduce casualties during a bioterrorism incident. Federal officials have

sought to improve the responsiveness of the BioWatch system by replacing daily sensor filter

collection and analysis with so-called autonomous sensors, which would transmit pathogen

detection findings in near-real time. Beginning in 2007, OHA pursued procurement of this type of

sensor, which it termed Generation 3, or Gen-3. However, after a critical GAO review,86 several

procurement delays, and growing skepticism among some Members of Congress,87 DHS

announced the termination of further Gen-3 procurement activities in April 2014.88

Congressional appropriators have at times sought to limit funding for BioWatch program

expansion and called for program reviews.89 Authorizing committees in each Congress since the

108th have held hearings on the program. In addition, Members of the House Committee on

Energy and Commerce began an investigation of the program in the 112th Congress.90 The

Administration requested FY2015 and FY2016 funding solely to maintain current BioWatch

operations without upgrade. Congress provided funding for FY2015 slightly above the request to

replace aging system components. Both House and Senate Appropriations Committees urged

OHA to continue its efforts to improve the program’s detection capability.91

Food Defense

(name redacted), Specialist in Public Health and Epidemiology ([redacted]@crs.loc.gov, 7-....)

Foods may be intentionally contaminated for purposes of terrorism, fraud (e.g., the dilution of a

valuable commodity), or other harmful intent. Food safety efforts have long focused on protecting

against unintentional contaminants, such as infectious pathogens or pesticide residues. Since the

(...continued)

Early Detection of a Potential Biological Attack,” July 12, 2012. Statistics cited in this blog posting were later reported

to be inaccurate by a DHS official. See comments of BioWatch Program Manager Dr. Mike Walter before the House

Committee on Energy and Commerce, Subcommittee on Oversight and Investigations, Continuing Concerns over

BioWatch and the Surveillance of Bioterrorism, 113th Cong., 1st sess., June 18, 2013, CQ transcription.

85

See for example Robert Roos, “Public Health Officials Respond to Critique of BioWatch,” CIDRAP News, August

17, 2012, http://www.cidrap.umn.edu/cidrap/content/bt/bioprep/news/aug1712biowatch.html.

86

U.S. Government Accountability Office, Biosurveillance: DHS Should Reevaluate Mission Need and Alternatives

before Proceeding with BioWatch Generation-3 Acquisition, 12-810, September 10, 2012, http://gao.gov/products/

GAO-12-810.

87

See BioWatch discussions in CRS Reports on annual DHS appropriations, http://www.crs.gov/pages/subissue.aspx?

cliid=2345.

88

DHS, “Cancellation of the BioWatch Autonomous Detection Technology Acquisition,” spot report, April 24, 2014.

See also David Willman, “Homeland Security Cancels Plans for New BioWatch Technology,” Los Angeles Times,

April 25, 2014.

89

See BioWatch discussions in CRS Reports on annual DHS appropriations, http://www.crs.gov/pages/subissue.aspx?

cliid=2345.

90

House Committee on Energy and Commerce, Subcommittee on Oversight and Investigations, “Oversight and

Investigations Subcommittee Continues Investigation of BioWatch and Surveillance of Bioterrorism,” press release,

June 18, 2013, with links to committee report and other documents, http://energycommerce.house.gov/news/pressreleases.

91

H.Rept. 113-481, pp. 96-97; S.Rept. 113-198, pp. 109-110.

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2001 terrorist attacks, regulators and others have added a focus on food defense, the protection of

the food supply from deliberate or intentional acts of contamination or tampering.92 Large-scale

foodborne outbreaks can sicken hundreds of people. Sales of affected commodities—as well as

unaffected commodities that the consuming public perceives to be involved—can suffer. An

intentional incident of food contamination, especially if it were an act of terrorism, could have

serious economic consequences, in addition to any illnesses it caused.

Federal food safety responsibility rests primarily with the U.S. Department of Agriculture

(USDA) and the Food and Drug Administration (FDA). USDA’s Food Safety and Inspection

Service (FSIS) regulates most meat and poultry and some egg products; FDA is responsible for

the safety of most other foods.93 State and local authorities assist with inspection, outbreak

response, and other food safety functions, and regulate retail establishments. DHS notes

The Food and Agriculture Sector is almost entirely under private ownership and is composed

of an estimated 2.2 million farms, 900,000 restaurants, and more than 400,000 registered

food manufacturing, processing, and storage facilities. This sector accounts for roughly onefifth of the nation’s economic activity.94

The 111th Congress enacted a comprehensive food safety law, the Food Safety Modernization Act

(FSMA, P.L. 111-353), focused mainly on foods regulated by FDA.95 FSMA attempts to prevent

both intentional and unintentional contamination of foods through a variety of production and

processing strategies and through enhanced regulatory authorities. However, FDA has not yet

implemented some of the law’s provisions.96 Among other things, FSMA requires the Secretaries

of Health and Human Services and Agriculture to develop a National Agriculture and Food

Defense Strategy, implementation plan, and research agenda. This strategy and the accompanying

documents have not yet been published.97 FDA has published a proposed rule that would require

food facilities to address vulnerabilities to intentional contamination,98 and is under a court order

to finalize this rule by May 2016.99

GAO has named food safety as a high-risk issue, citing the fragmentation of federal oversight,

among other concerns.100 GAO specifically noted delays in the implementation of the nation’s

food and agriculture defense policy, Homeland Security Presidential Directive 9 (HSPD-9). This

directive, issued by the George W. Bush Administration in 2004, assigns various emergency

response and recovery responsibilities to USDA, FDA, DHS, and other agencies. GAO found that

there is no centralized coordination of HSPD-9 implementation efforts, and recommended that

92

Food and Drug Administration (FDA), “Food Defense,” http://www.fda.gov/Food/FoodDefense.

CRS Report RS22600, The Federal Food Safety System: A Primer, by (name redacted).

94

DHS, “Food and Agriculture Sector, Sector Overview,” June, 2014, http://www.dhs.gov/food-and-agriculture-sector.

95

CRS Report R40443, The FDA Food Safety Modernization Act (P.L. 111-353), coordinated by (name redacted).

96

See FDA FSMA implementation information, http://www.fda.gov/Food/GuidanceRegulation/FSMA/default.htm;

and CRS Report R43724, Implementation of the FDA Food Safety Modernization Act (FSMA, P.L. 111-353), by (name

redacted).

97

FDA, “FSMA Reports and Studies,” http://www.fda.gov/Food/GuidanceRegulation/FSMA/ucm271961.htm.

98

FDA, “FSMA Proposed Rule for Focused Mitigation Strategies to Protect Food Against Intentional Adulteration,”

http://www.fda.gov/Food/GuidanceRegulation/FSMA/ucm378628.htm.

99

FDA, “President’s FY2016 Budget Request: Key Investments for Implementing [FSMA],” fact sheet, February 2,

2015, http://www.fda.gov/food/guidanceregulation/fsma/ucm432576.htm.

100

GAO, “Improving Federal Oversight of Food Safety,” High-Risk Series: An Update, GAO-15-290, February 11,

2015, http://www.gao.gov/highrisk/revamping_food_safety.

93

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DHS take on this role to assure that the nation’s food and agriculture defense policy is fully in

place. In addition, GAO recommended that the executive branch develop a government-wide

performance plan for all of its food safety activities. These and several other GAO

recommendations regarding food defense have not been implemented as of March 2015.101

Electric Grid Physical Security

Paul Parfomak, Specialist in Energy Policy, Resources, Science and Industry Division

([redacted]@crs.loc.gov, 7-....)

For more information, see CRS Report R43604, Physical Security of the U.S. Power Grid:

High-Voltage Transformer Substations.

The electric utility industry operates as an integrated system of generation, transmission, and

distribution facilities to deliver electric power to consumers. In the United States, this system

consists of over 9,000 electric generating units connected to over 200,000 miles of high-voltage

transmission lines strung between large towers and rated at 230 kilovolts (kV)102 or greater.103

This network is interspersed with hundreds of large electric power transformers whose function is

to adjust electric voltage as needed to move power across the network. High voltage (HV)

transformer units make up less than 3% of transformers in U.S. power substations, but they carry

60%-70% of the nation’s electricity.104 Because they serve as vital transmission network nodes

and carry bulk volumes of electricity, HV transformers are critical elements of the nation’s

electric power grid.

The various parts of the electric power system are all vulnerable to failure due to natural or

manmade events. However, HV transformers are considered by many experts to be the most

vulnerable to intentional damage from malicious acts. Security analysts have long asserted that a

coordinated and simultaneous attack on multiple HV transformers could have severe implications

for reliable electric service over a large geographic area, crippling its electricity network and

causing widespread, extended blackouts. Such an event could have severe electric reliability

consequences, demonstrated in recent grid security exercise, as well as serious economic and

social consequences.105 A handful of recent physical attacks on individual transformer

substations—most notably a 2013 attack on an HV transformer substation in Metcalf, CA—did

101

GAO, four open recommendations from Homeland Security: Actions Needed to Improve Response to Potential

Terrorist Attacks and Natural Disasters Affecting Food and Agriculture, GAO-11-652, August 19, 2011, from database

of open recommendations, http://www.gao.gov/openrecs.html, searched March 9, 2015.

102

1 kV=1,000 volts.

103

North American Electric Reliability Corporation, “Understanding the Grid,” fact sheet, August 2013,

http://www.nerc.com/AboutNERC/Documents/Understanding%20the%20Grid%20AUG13.pdf. Note that there is no

industry consensus as to what voltage rating or other operating characteristic constitutes “high voltage.” This report

uses 230 kV as the high voltage threshold, but other studies may use a different threshold, such as 115/138 kV, or may

include an additional “extra high voltage” category above 345 kV. See, for example, U.S. Department of Energy, Large

Power Transformers and the U.S. Electric Grid, April 2014, p. 4.

104

C. Newton, “The Future of Large Power Transformers,” Transmission & Distribution World, September 1, 1997;

William Loomis, “Super-Grid Transformer Defense: Risk of Destruction and Defense Strategies,” Presentation to

NERC Critical Infrastructure Working Group, Lake Buena Vista, FL, December 10-11, 2001.

105

North American Electric Reliability Corporation (NERC), Grid Security Exercise (GridEx II): After-Action Report,

March 2014, p.15; Matthew L. Wald, “Attack Ravages Power Grid. (Just a Test.),” New York Times, November 14,

2013.

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not cause widespread blackouts, but did highlight the physical vulnerability of HV transformer

substations and drew the attention of both the media and federal officials to the utility industry’s

substation security efforts.106

Over the last decade or so the electric utility industry and government agencies have engaged in a

number of initiatives to secure HV transformers from physical attack and to improve recovery in

the event of a successful attack. These initiatives include coordination and information sharing,

spare equipment programs, security standards, grid security exercises, and other measures.

Several grid security guidelines or standards have been developed or proposed to address the

physical security of the grid, including HV transformers. These standards have been promulgated

by the North American Electric Reliability Corporation as voluntary best practices since at least

2002, with subsequent revisions. However, in late 2014, following the Metcalf attack, the Federal

Energy Regulatory Commission ordered the imposition of mandatory physical security standards

for HV transformer substations.107

There is widespread agreement among state and federal government officials, utilities, and

manufacturers that HV transformers in the United States are vulnerable to terrorist attack, and that

such an attack potentially could have catastrophic consequences. But the most serious, multitransformer attacks would require acquiring operational information and a certain level of

sophistication on the part of potential attackers. Consequently, despite the technical arguments,

without more specific information about potential targets and attacker capabilities, the true

vulnerability of the grid to a multi-HV transformer attack remains an open question. Incomplete

or ambiguous threat information may lead to inconsistency in physical security among HV

transformer owners, inefficient spending of limited security resources at facilities that may not

really be under threat, or deployment of security measures against the wrong threat.

Congress has long been concerned about grid security in general, but the recent security

exercises, together with the Metcalf attack have focused congressional interest on the physical

security of HV transformers, among other specific aspects of the grid.108 Legislative proposals in

the 113th Congress, especially the Grid Reliability and Infrastructure Defense Act (H.R. 4298 and

S. 2158), sought to strengthen federal authority to secure the U.S. grid. As the electric utility

industry and federal agencies continue their efforts to improve the physical security of critical HV

transformer substations, the 114th Congress may consider several key issues as part of its

oversight of the sector: identifying critical transformers, confidentiality of critical transformer

information, adequacy of HV transformer protection, quality of federal threat information, and

recovery from HV transformer attacks.

106

RTO Insider, “Substation Saboteurs ‘No Amateurs,’” April 2, 2014, http://www.rtoinsider.com/pjm-grid2020-111303/; Chelsea J. Carter, “Arkansas Man Charged in Connection with Power Grid Sabotage,” CNN, October 12, 2013;

Max Brantley, “FBI Reports Three Attacks on Power Grid in Lonoke County,” Arkansas Times, October 7, 2013;

Rebecca Smith, “U.S. Risks National Blackout From Small-Scale Attack,” Wall Street Journal, March 12, 2014.

107

Federal Energy Regulatory Commission, Physical Security Reliability Standard, Docket No. RM14-15-000; Order

No. 802, November 20, 2014.

108

See, for example, Senators Dianne Feinstein, Al Franken, Ron Wyden, and Harry Reid, letter to the Honorable

Cheryl LaFleur, Acting Chairman, Federal Energy Regulatory Commission, February 7, 2014, http://www.ferc.gov/

industries/electric/indus-act/reliability/chairman-letter-incoming.pdf.

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Security of Chemical Facilities

(name redacted), Specialist in Science and Technology Policy ([redacted]@crs.loc.gov, 7-....)

For more information, see CRS Report R43346, Implementation of Chemical Facility AntiTerrorism Standards (CFATS): Issues for Congress, and CRS Report R43070, Regulation of

Fertilizers: Ammonium Nitrate and Anhydrous Ammonia.

The 113th Congress authorized DHS to regulate security at chemical facilities through P.L. 113254, the Protecting and Securing Chemical Facilities from Terrorist Attacks Act of 2014. This act

repealed the prior statutory authority that had been granted in the Homeland Security

Appropriations Act, 2007 (P.L. 109-295, §550). The new authority expires in January 2019. As

Congress has recently enacted chemical facility security legislation, the focus of many

congressional policymakers in the 114th Congress will likely shift from enacting new legislation

to increasing oversight. Even before the 2013 explosion of the West Fertilizer Company in West,

TX, various stakeholders had criticized the content of DHS chemical facility security regulation,

known as the Chemical Facility Anti-Terrorism Standards (CFATS), and the effectiveness and

pace of its implementation. With the new authority granted by the 113th Congress, DHS may

move forward with regulations implementing this authority.

P.L. 113-254 maintained aspects of the existing regulatory scheme identified by experts as

potentially containing security or implementation challenges. The Obama Administration and

other stakeholders have determined that existing regulatory exemptions, such as for community

water systems and wastewater treatment facilities, pose potential risks. Environmental and “rightto-know” groups additionally advocate that Congress include requirements for facilities to adopt

or identify “inherently safer technologies” and widely disseminate security-related information to

first responders and employees. The regulated industry generally opposes granting DHS the

ability to require implementation of inherently safer technologies or other specific security

measures. They question the maturity and applicability of the inherently safer technology concept

as a security measure and cite the need to tailor security approaches for each facility. The Obama

Administration has identified potential security concerns if chemical security-related information

is more broadly disseminated. However, the discovery that information about the chemical

inventory of the West Fertilizer Company was not effectively shared between federal agencies has

led to reconsideration of existing information-sharing policies. Starting with Executive Order

13650, “Improving Chemical Facility Safety and Security,” the Obama Administration is engaged

in a multiagency effort to coordinate federal chemical safety and security activities.

Policymakers performing oversight of the CFATS program face critical decisions regarding DHS

program changes. The DHS regulatory program is still in its early stages. Historically, it has

experienced implementation challenges and delays. Many regulated entities have not yet received

approval of their security plans. The current rate of facility security plan approval indicates that it

will be still two or more years before DHS has completed its review and approval of information

submitted by regulated facilities.

Transit Security

(name redacted), Analyst in Transportation Policy ([redacted]@crs.loc.gov, 7-....)

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Bombings of passenger trains in Europe and Asia have illustrated the vulnerability of passenger

rail systems to terrorist attacks. Passenger rail systems—primarily subway systems—in the

United States carry about five times as many passengers each day as do airlines, over many

thousands of miles of track, serving stations that are designed primarily for easy access. The

increased security efforts around air travel have led to concerns that terrorists may turn their

attention to “softer” targets, such as transit or passenger rail. A key challenge Congress faces is

balancing the desire for increased rail passenger security with the efficient functioning of transit

systems, with the potential costs and damages of an attack, and with other federal priorities.

The volume of ridership and number of access points make it impractical to subject all rail

passengers to the type of screening all airline passengers undergo. Consequently, transit security

measures tend to emphasize managing the consequences of an attack. Nevertheless, steps have

been taken to try to reduce the risks, as well as the consequences, of an attack. These include

vulnerability assessments; emergency planning; emergency response training and drilling of

transit personnel (ideally in coordination with police, fire, and emergency medical personnel);

increasing the number of transit security personnel; installing video surveillance equipment in

vehicles and stations; and conducting random inspections of bags, platforms, and trains.

The challenges of securing rail passengers are dwarfed by the challenge of securing bus

passengers. There are some 76,000 buses carrying 19 million passengers each weekday in the

United States. Some transit systems have installed video cameras on their buses, but the number

and operation characteristics of transit buses make them all but impossible to secure.

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

by Congress on July 27, 2007, included provisions on passenger rail and transit security and

authorized $3.5 billion for FY2008-FY2011 for grants for public transportation security. The act

required public transportation agencies and railroads considered to be high-risk targets by DHS to

have security plans approved by DHS (§1405 and §1512). Other provisions required DHS to

conduct a name-based security background check and an immigration status check on all public

transportation and railroad frontline employees (§1414 and §1522), and gave DHS the authority

to regulate rail and transit employee security training standards (§1408 and §1517).

In 2010 TSA completed a national threat assessment for transit and passenger rail, and in 2011

completed an updated transportation systems sector-specific plan, which established goals and

objectives for a secure transportation system. The three primary objectives for reducing risk in

transit are

•

increase system resilience by protecting high-risk/high-consequence assets (i.e.,

critical tunnels, stations, and bridges);

•

expand visible deterrence activities (i.e., canine teams, passenger screening

teams, and anti-terrorism teams); and

•

engage the public and transit operators in the counterterrorism mission.109

TSA surface transportation security inspectors conduct assessments of transit systems (and other

surface modes) through the agency’s Baseline Assessment for Security Enhancement (BASE)

program. The agency has also developed a security training and security exercise program for

109

Department of Homeland Security, Transportation Security Administration, Surface Transportation Security

FY2016 Congressional [Budget] Justification, p. 11.

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transit (I-STEP), and its Visible Intermodal Prevention and Response (VIPR) teams conduct

operations with local law enforcement officials, including periodic patrols of transit and

passenger rail systems, to create “unpredictable visual deterrents.”

In the most recent Congressional action prior to the 114th Congress, the House Committee on

Homeland Security’s Subcommittee on Transportation Security held a hearing in May 2012 to

examine the surface transportation security inspector program. The number of inspectors had

increased from 175 in FY2008 to 404 in FY2011 (full-time equivalents). Issues considered at the

hearing included the lack of surface transportation expertise among the inspectors, many of whom

were promoted from screening passengers at airports; the administrative challenge of having the

surface inspectors managed by federal security directors who are located at airports, and who

themselves typically have no surface transportation experience; and the security value of the tasks

performed by surface inspectors.110 The number of surface inspectors decreased to 300 (full-time

equivalent positions) in FY2014, as a result of a reduction in the number of VIPR surface

inspectors.111

DHS provides grants for security improvements for public transit, passenger rail, and

occasionally other surface transportation modes under the Transit Security Grant Program. The

vast majority of the funding goes to public transit providers (see Table 1).

Table 1. Congressional Funding for Transit Security Grants, FY2002-FY2015

(millions of dollars)

Appropriation

(nominal $)

Appropriation

(constant 2015 $)

2002

$63

$82

2003

65

83

2004

50

62

2005

108

131

2006

131

154

2007

251

287

2008

356

394

2009

498a

549

2010

253

275

2011

200

213

2012

88b

92

2013

84

86

2014

90

91

Fiscal Year

110

United States House of Representatives, Committee on Homeland Security, Subcommittee on Transportation

Security, Hearing on TSA’s Surface Inspection Program: Strengthening Security or Squandering Resources?, May 31,

2012, http://homeland.house.gov/hearing/subcommittee-hearing-tsa%E2%80%99s-surface-inspection-programstrengthening-security-or-squandering.

111

Department of Homeland Security, Transportation Security Administration, Surface Transportation Security

FY2014 Congressional [Budget] Justification, p. 18; FY2015 Congressional [Budget] Justification, p. 19.

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Fiscal Year

Appropriation

(nominal $)

Appropriation

(constant 2015 $)

87c

87

2015

Source: FY2002: Department of Defense FY2002 Appropriations Act, P.L. 107-117; FY2003: FY2003 Emergency

Wartime Supplemental Appropriations Act, P.L. 108-11; FY2004: Department of Homeland Security FY2004

Appropriations Act, P.L. 108-90; FY2005-FY2011: United States Government Accountability Office, Homeland

Security: DHS Needs Better Project Information and Coordination among Four Overlapping Grant Programs, GAO-12303, February 2012, Table 1; FY2012-2014: DHS, Transit Security Grant Program annual funding opportunity

announcements; FY2015: P.L. 114-4.

Notes: FY2002 funding represents post -9/11 appropriations through the Defense Appropriations Act to

Washington Metropolitan Area Transit Authority and the Federal Transit Administration. In FY2003-FY2004,

grants were made through the Urban Areas Security Initiative. The Transit Security Grant Program was formally

established in FY2005. Does not include funding provided for security grants for intercity passenger rail

(Amtrak), intercity bus service, and commercial trucking. Nominal dollar amounts adjusted to constant 2015

dollars using the Total Non-defense column from “Table 10: Gross Domestic Product and Deflators Used in the

Historical Tables: 1940-2020,” published in the Historical Tables volume of the Budget of the United States

Government, Fiscal Year 2016 (http://www.whitehouse.gov/omb/budget/Historicals).

a.

Includes $150 million provided in the American Recovery and Reinvestment Act.

b.

Congress did not specify an amount for transit security grants, but provided a lump sum for state and local

grant programs, leaving funding allocations to the discretion of DHS.

c.

Estimated by CRS; Congress provided $100 million for Public Transportation, Amtrak, and Over-the-Road

Bus Security grants, and specified that no less than $10 million was for Amtrak and no less than $3 million

was for bus grants (P.L. 114-4).

In the past, the Government Accountability Office has found opportunity for duplication among

four DHS state and local security grant programs with similar goals, one of which was the public

transportation security grant program.112 The Obama Administration has repeatedly proposed

consolidating several of these programs in annual budget requests. This proposal has not been

supported by Congress in the appropriations process to date, though appropriators have expressed

concerns that grant programs have not focused on areas of highest risk and that significant

amounts of previously appropriated funds have not yet been awarded to recipients.

Border Security and Trade

Southwest Border Issues

Drug Trafficking and the Southwest Border

Kristin M. Finklea, Specialist in Domestic Security ([redacted]@crs.loc.gov, 7-....)

The United States is the world’s largest marketplace for illegal drugs and sustains a multi-billion

dollar market in illegal drugs.113 An estimated 24.6 million Americans (9.4% of the 12 and older

112

United States Governmental Accountability Office, Homeland Security: DHS Needs Better Project Information and

Coordination Among Four Overlapping Grant Programs, GAO-12-303, February 2012.

113

Oriana Zill and Lowell Bergman, “Do the Math: Why the Illegal Drug Business Is Thriving,” PBS Frontline,

http://www.pbs.org/wgbh/pages/frontline/shows/drugs/.

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population) were current users of illicit drugs in 2013.114 The most recent National Drug Threat

Assessment Summary indicates that Mexican drug trafficking organizations continue to dominate

the U.S. drug market.115 Indeed, U.S. officials have outlined this threat:

Mexican transnational criminal organizations pose the greatest criminal drug threat to the

United States; no other group is currently positioned to challenge them. These Mexican polydrug organizations traffic heroin, methamphetamine, cocaine, and marijuana throughout the

United States, using established transportation routes and distribution networks. They control

virtually all drug trafficking across the Southwest Border and are moving to expand their

share, particularly in heroin and methamphetamine markets.116

Mexican criminal networks either (1) transport or (2) produce and transport drugs north across the

United States-Mexico border. After being smuggled across the border by criminal networks, the

drugs are distributed and sold within the United States. The illicit proceeds may then be laundered

or smuggled south across the border. The proceeds may also be used to purchase weapons in the

United States that are then smuggled into Mexico. While drugs are the primary goods trafficked

by the criminal networks, those networks also generate income from other illegal activities, such

as the smuggling of humans and weapons, counterfeiting and piracy, kidnapping for ransom, and

extortion.

One of the current domestic drug threats fueled, in part, by Mexican traffickers is heroin. Not

only has there been an increase in heroin use in the United States over the past several years, but

there has been a simultaneous increase in its availability. This availability is driven by a number

of factors, including increased production and trafficking of heroin by Mexican criminal

networks.117 Some Mexican farmers have reported abandoning marijuana cultivation in favor of

growing opium poppies; the switch may be partly due to the decline in wholesale prices of

marijuana in Mexico—which some claim is linked to increased marijuana legalization in the

United States—and an increase in U.S. heroin demand.118 Increases in Mexican heroin production

and its availability in the United States have been coupled with increased heroin seizures at the

Southwest border. Reportedly, these seizures increased by over 320% between 2008 and 2013.119

The 114th Congress may consider a number of supply-reduction and demand-reduction options in

attempting to reduce drug trafficking from Mexico to the United States. For instance,

policymakers may be interested in examining the implementation of the 2013 National Southwest

Border Counternarcotics Strategy, of which the overarching strategic goal is to “[s]ubstantially

reduce the flow of illicit drugs, drug proceeds, and associated instruments of violence across the

Southwest border.”120 To accomplish this, the strategy aims to enhance intelligence and

114

Current means within the past month. U.S. Department of Health and Human Services, Substance Abuse and Mental

Health Services Administration, Results from the 2013 National Survey on Drug Use and Health: Summary of National

Findings, September 2014.

115

Drug Enforcement Administration, National Drug Threat Assessment Summary 2014, November 2014, p. 3.

116

Drug Enforcement Administration, Statement of the Honorable Michele Leonhart, Administrator Drug Enforcement

Administration, Before the United States House of Representatives Committee on Appropriations, Subcommittee on

Commerce, Justice, Science and Related Agencies, April 2, 2014, p. 2.

117

Drug Enforcement Administration, National Drug Threat Assessment Summary 2014, November 2014, p. 10.

118

See, for example, Nick Miroff, “Tracing the U.S. Heroin Surge Back South of the Border as Mexican Cannabis

Output Falls,” The Washington Post, April 6, 2014.

119

U.S. Department of Justice, “Attorney General Holder, Calling Rise in Heroin Overdoses ‘Urgent Public Health

Crisis,’ Vows Mix of Enforcement, Treatment,” press release, March 10, 2014.

120

Office of National Drug Control Strategy, National Southwest Border Counternarcotics Strategy, 2013, p. 4.

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information sharing; interdict drugs, money, and weapons both at and between the ports of entry

as well as through air and marine operations; disrupt and dismantle drug trafficking organizations;

stem the trans-border flow of illicit proceeds and weapons; bolster border communities; and

increase bilateral U.S.-Mexico cooperation.121

Illicit Proceeds and the Southwest Border

Kristin M. Finklea, Specialist in Domestic Security ([redacted]@crs.loc.gov, 7-....)

The flow of money outside legal channels not only presents challenges to law enforcement, but it

also has a significant nexus with homeland security policy. Proceeds from illegal enterprises are

sometimes used to fund broader destabilizing activities, such as smuggling, illegal border

crossings, or more violent activities, such as terrorist operations—including those controlled by

the FARC (Revolutionary Armed Forces of Colombia) in Colombia.122 While this is an issue with

a global scope, this section focuses specifically on the policies affected by movement of illicit

funds across the Southwest border.

As noted in the State Department’s 2014 International Narcotics Control Strategy Report, “drug

trafficking organizations send between $19 and $29 billion annually to Mexico from the United

States.”123 Money from the traffickers’ illegal sale of drugs in the United States is moved across

the border into Mexico, and these funds fuel the drug traffickers’ criminal activities. This money

is not directly deposited into the U.S. financial system, but rather is illegally laundered through

mechanisms such as bulk cash smuggling and the Black Market Peso Exchange,124 or placed in

financial institutions, cash-intensive front businesses, prepaid or stored value cards, or money

services businesses.125

New technologies have provided additional outlets through which drug trafficking organizations

may conceal their illicit proceeds. The use of stored value cards,126 mobile banking systems, and

other technologies allows traffickers to move profits more quickly and stealthily. In addition,

profits that the Mexican drug traffickers generate from the sale of Colombian cocaine can be

moved directly from the United States to the source country without traversing through

middlemen.127 There has been debate, however, as to the extent that these technologies may be

used relative to other laundering techniques.128

121

Ibid., pp. 4-9.

U.S. Department of State, 2014 International Narcotics Control Strategy Report: Volume II, Money Laundering and

Financial Crimes, March 2014.

123

Ibid., p. 161.

124

The Department of the Treasury defines the BMPE as “a large-scale money laundering system used to launder

proceeds of narcotic sales in the United States by Latin American drug cartels by facilitating swaps of dollars in the

U.S. for pesos in Colombia through the sale of dollars to Latin America businessmen seeking to buy U.S. goods to

export,” http://www.fincen.gov/statutes_regs/guidance/html/advis04282006.html.

125

According to the Department of the Treasury, a money services business is any person or entity engaging in

activities including exchanging currency; cashing checks; issuing, selling, or redeeming travelers’ checks, money

orders, or stored value cards; and transmitting money. For more information, see http://www.fincen.gov/

financial_institutions/msb/definitions/msb.html.

126

According to the U.S. Code of Federal Regulations, stored value are “funds or monetary value represented in digital

electronics format (whether or not specially encrypted) and stored or capable of storage on electronic media in such a

way as to be retrievable and transferable electronically,” 31 C.F.R. §103.11(vv).

127

Douglas Farah, “Money Laundering and Bulk Cash Smuggling: Challenges for the Mérida Initiative,” in Shared

(continued...)

122

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Various departments and agencies—including the Drug Enforcement Administration, Federal

Bureau of Investigation, U.S. Immigration and Customs Enforcement, U.S. Customs and Border

Protection, and the Financial Crimes Enforcement Network (FinCEN)—share responsibility for

combating drug-related activity and the flow of illicit proceeds both along the Southwest border

and throughout the United States. Many of these agencies are also represented in Mexico,

increasing U.S.-Mexican bilateral cooperation. Further, while some efforts explicitly target

money laundering and bulk cash smuggling, other efforts are more tangentially related. For

instance, operations targeting southbound firearms smuggling may intercept individuals

smuggling not only weapons, but cash proceeds from illicit drug sales as well. As such, the 114th

Congress may examine interagency coordination to reduce the flow of illicit money (and other

goods) across the Southwest border.

Cross-Border Smuggling Tunnels

Kristin M. Finklea, Specialist in Domestic Security ([redacted]@crs.loc.gov, 7-....)

Mexican traffickers rely on cross-border tunnels to smuggle persons and drugs, as well as other

contraband, from Mexico into the United States. The use of smuggling tunnels has increased not

only in frequency but in the sophistication of the tunnels themselves.129 More than 150 tunnels

have been discovered along the Southwest border since the 1990s;130 notably, there has been an

80% uptick in tunnels detected since 2008.131 Early tunnels were rudimentary “gopher hole”

tunnels dug on the Mexican side of the border, traveling just below the surface, and popping out

on the U.S. side as close as 100 feet from the border. Slightly more advanced tunnels relied on

existing infrastructure, which may be shared by neighboring border cities such as Nogales, AZ, in

the United States and Nogales, Sonora, in Mexico. These interconnecting tunnels may tap into

storm drains or sewage systems, allowing smugglers to move drugs further and more easily than

in tunnels they dug themselves. The most sophisticated tunnels can have rail, ventilation, and

electrical systems. One of the most elaborate and sophisticated of such tunnels discovered to date

was found in November 2011 in San Diego, CA. It stretched 612 yards in length, boasted electric

rail cars, lighting, reinforced walls, and wooden floors, and its discovery resulted in the seizure of

32 tons of marijuana.132 In April 2014, two sophisticated drug smuggling tunnels were uncovered

in the San Diego area of the Southwest border in less than a week.133

(...continued)

Responsibility: U.S.-Mexico Policy Options for Confronting Organized Crime, ed. Eric L. Olson, David A. Shirk, and

Andrew D. Selee (2010), p. 144.

128

National Drug Intelligence Center, National Drug Threat Assessment 2011. More recent National Drug Threat

Assessment Summaries produced by the Drug Enforcement Administration do not contain information on illicit

finance.

129

Ken Stier, “Underground Threat: Tunnels Pose Trouble from Mexico to Middle East,” Time, May 2, 2009.

130

Statement of James A. Dinkins, Executive Associate Director, Homeland Security Investigations, U.S. Immigration

and Customs Enforcement, before the U.S. Congress, Senate United States Senate Caucus on International Narcotics

Control, Illegal Tunnels on the Southwest Border, 112th Cong., 1st sess., June 15, 2011.

131

Department of Homeland Security, Office of Inspector General, “CBP’s Strategy to Address Illicit Cross-Border

Tunnels,” http://www.oig.dhs.gov/assets/Mgmt/2012/OIG_12-132_Sep12.pdf.

132

U.S. Drug Enforcement Administration, “Second Major Cross-Border Drug Tunnel Discovered South of San Diego

This Month: Investigators Seize 32 Tons of Marijuana, Arrest 6 Suspects,” press release, November 30, 2011,

http://www.justice.gov/dea/divisions/sd/2011/sd113011.shtml.

133

U.S. Immigration and Customs Enforcement, “ICE-Led Task Force Shutters 2 San Diego-Area Smuggling

(continued...)

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U.S. law enforcement uses various tactics to detect these cross-border tunnels. Law enforcement

may use sonic equipment to detect the sounds of digging and tunnel construction and seismic

technology to detect blasts that may be linked to tunnel excavation. Another tool for tunnel

detection is ground penetrating radar.134 However, factors including soil conditions, tunnel

diameter, and tunnel depth can limit the effectiveness of this technology.

Despite these tools, U.S. officials have acknowledged that law enforcement currently does not

have technology that is reliably able to detect sophisticated tunnels.135 Rather, tunnels are more

effectively discovered as a result of human intelligence and tips. U.S. officials have noted the

value of U.S.-Mexican law enforcement cooperation in detecting, investigating, and prosecuting

the criminals who create and use the cross-border tunnels.136 As a result, the 114th Congress may

not only consider how to best help U.S. law enforcement develop technologies that can keep pace

with tunneling organizations, but also examine whether existing bi-national law enforcement

partnerships are effective and whether they may be improved to enhance investigations of

transnational criminals. Policymakers may also question how prominently the issue of combating

cross-border smuggling tunnels may play within the larger border security framework.

Cargo Security

(name redacted), Section Research Ma

nager ([redacted]@crs.loc.gov, 7-....)

For more information, see CRS Report R43014, U.S. Customs and Border Protection: Trade

Facilitation, Enforcement, and Security.

U.S. Customs and Border Protection (CBP), within DHS, is America’s primary trade enforcement

agency, and CBP seeks to balance the benefits of efficient trade flows against the demand for

cargo security and the enforcement of U.S. trade laws. Thus, the overarching policy question with

respect to incoming cargo is how to minimize the risk that weapons of mass destruction, illegal

drugs, and other contraband will enter through a U.S. port of entry (POE), while limiting the costs

and delays associated with such enforcement.

CBP’s current trade strategy emphasizes “risk management” and a “multi-layered” approach to

enforcement.137 With respect to cargo security, risk management means that CBP segments

importers into higher and lower risk pools and focuses security procedures on higher-risk flows,

while expediting lower-risk flows. CBP’s “multi-layered approach” means that enforcement

occurs at multiple points in the import process, beginning before goods are loaded in foreign ports

and continuing after the goods have been admitted into the United States. In recent years,

congressional attention to cargo security has focused on one of CBP’s primary tools for risk

(...continued)

Tunnels,” press release, April 4, 2014.

134

For more information, see http://www.geophysical.com/militarysecurity.htm.

135

Statement of Laura E. Duffy, U.S. Attorney, Southern District of California, U.S. Department of Justice, before the

U.S. Congress, Senate United States Senate Caucus on International Narcotics Control, Illegal Tunnels on the

Southwest Border, 112th Cong., 1st sess., June 15, 2011.

136

Ibid.

137

See Senate Committee on Appropriations Subcomittee on Homeland Security, DHS Hearing: Strengthening Trade

Enforcement to Protect American Enterprise and Grow American Jobs. Testimony of CBP Office of International

Trade Acting Assistant Commissioner Richard DiNucci.

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management, the Customs-Trade Partnership Against Terrorism (C-TPAT) trusted trader program,

and on the statutory requirement that 100% of incoming maritime cargo containers be scanned

abroad prior to being loaded on U.S.-bound ships. Congress also faces perennial questions about

spending levels for POE infrastructure and personnel.

Customs-Trade Partnership Against Terrorism (C-TPAT)

(name redacted), Section Research Ma

nager ([redacted]@crs.loc.gov, 7-....)

The Customs-Trade Partnership Against Terrorism (C-TPAT) is a voluntary public-private and

international partnership that permits certain import-related businesses to register with CBP and

perform security tasks prescribed by the agency. In return C-TPAT members are recognized as

low-risk actors and are eligible for expedited import processing and other benefits.138 CBP

established C-TPAT in November 2001 following the September 11, 2001 (9/11) terrorist attacks,

and the program was authorized as part of the Security and Accountability for Every Port Act of

2006 (SAFE Port Act, P.L. 109-347).

Proponents of C-TPAT favor increased participation in the program as a way to facilitate legal

trade flows.139 Some businesses, however, have criticized the program for providing inadequate

membership benefits, especially in light of the time and financial investments required to become

certified as C-TPAT members.140

Yet there may be no easy way to substantially expand C-TPAT benefits. In the case of land ports,

the primary trusted trader benefit is access to dedicated lanes where wait times may be shorter

and more predictable. But adding lanes at land ports is difficult because many of them are located

in urban areas with limited space for expansion and with limited ingress and egress

infrastructure.141 In the case of maritime imports, the primary trusted trader benefit is a reduced

likelihood of secondary inspection.142 But only about 6% of all maritime containers are selected

138

See U.S. CBP, “C-TPAT: Customs-Trade Partnership Against Terrorism, http://www.cbp.gov/border-security/portsentry/cargo-security/c-tpat-customs-trade-partnership-against-terrorism. Commercial truck drivers who are CustomsTrade Partnership Against Terrorism (C-TPAT) members also are eligible to join the Free and Secure Trade System

(FAST), which permits expedited processing at land ports of entry; and C-TPAT members who are residents of the

United States and are known importers that have businesses physically established, located, and managed within the

United States may be eligible for the Importer Self-Assessment Program (ISA), which exempts importers from certain

post-entry enforcement audits. See ibid., and CBP FAST: Free and Secure Trade for Commercial Vehicles,

http://www.cbp.gov/travel/trusted-traveler-programs/fast.

139

See for example, U.S. Congress, Senate Committee on Homeland Security and Governmental Affairs, Evaluating

Port Security: Progress Made and Challenges Ahead, 113th Cong., 2nd sess. June 4, 2014.

140

See for example, U.S. Congress, House Committee on Ways and Means, Subcommittee on Trade, Supporting

Economic Growth and Job Creation through Customs Trade Modernization, Facilitation, and Enforcement, 112th

Cong., 2nd sess. May 17, 2012.

141

See U.S. Department of Commerce, Draft Report: Improving Economic Outcomes by Reducing Border Delays,

Facilitating the Vital Flow of Commercial Traffic Across the US-Mexican Border, Washington, DC, 2008,

http://grijalva.house.gov/uploads/

Draft%20Commerce%20Department%20Report%20on%20Reducing%20Border%20Delays%20Findings%20and%20

Options%20March%202008.pdf.

142

Secondary inspection may include both non-intrusive imaging (NII) scans and/or physical inspection, in which the

container may be opened and unpacked so that materials can be examined.

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for such an inspection,143 so C-TPAT membership may offer little practical advantage in this

regard.

100% Scanning Requirement

(name redacted), Section Research Ma

nager ([redacted]@crs.loc.gov, 7-....)

Section 231 of the SAFE Port Act directed DHS, in coordination with the Department of Energy

(DOE), the private sector, and foreign governments, to pilot an integrated system in three foreign

ports to scan 100% of cargo containers destined for the United States from those ports.144 Section

232 of the law required that 100% of cargo containers imported into the United States be screened

by DHS to identify high-risk containers, and that 100% of containers identified as high risk also

be scanned through non-intrusive inspection (NII) and radiation detection equipment before

arriving in the United States.145 In 2007, Section 1701 of the Implementing Recommendations of

the 9/11 Commission Act of 2007 (9/11 Act; P.L. 110-53) amended the SAFE Port Act to require

that by July 1, 2012, 100% of maritime containers imported to the United States—that is, from all

ports, whether or not they are identified as high-risk—be scanned by NII and radiation detection

equipment before being loaded onto a U.S.-bound vessel in a foreign port.

On May 2, 2012, however, then-DHS Secretary Janet Napolitano notified Members of Congress

that she would exercise her authority under the 9/11 Act to extend the deadline for 100%

scanning.146 The decision to delay implementation of the 100% scanning program partly reflects

the department’s findings from its evaluation of the pilot program. In its final report to Congress

on the program, CBP identified three main obstacles to implementing 100% scanning at all

foreign ports.147 First, 100% scanning requires significant host state and private sector

cooperation, but some foreign governments and business groups do not support 100% scanning.

Second, 100% scanning would be logistically difficult. Initial pilots were deployed in relatively

low-volume ports with natural chokepoints, but many cargo containers pass through large volume

ports with more varied port architectures. Third, 100% scanning would be costly. In February

2012, the Congressional Budget Office (CBO) estimated that 100% scanning at foreign ports

would cost an average of $8 million per shipping lane to implement, or a total of about $16.8

billion for all 2,100 shipping lanes.148 Port operators and foreign partners also absorb additional

143

CRS analysis of data provided by CBP Office of Legislative Affairs, April 28, 2014.

The 100% scanning pilot program is known as the Secure Freight Initiative (SFI). Following DHS’s evaluation of

the SFI in 2012, the program was scaled back to a single port, Port Qasim, in Pakistan.

145

The risk-based scanning program is known as the Container Security Initiative (CSI).

146

Letter from Janet Napolitano, Secretary of Homeland Security, to Hon. Joseph I. Lieberman, Senator, May 2, 2012.

The 9/11 Act permits the Secretary to extend the deadline by two years and in additional two-year increments by

certifying that two of the following conditions exist: that scanning systems are not available, are insufficiently accurate,

cannot be installed, cannot be integrated with existing systems, will significantly impact trade and the flow of cargo,

and/or do not provide adequate notification of questionable or high-risk cargo. In her notification to Congress,

Secretary Napolitano certified that the use of systems to scan containers would have a significant and negative impact

on trade capacity and cargo flows, and that systems to scan containers cannot be purchased, deployed, or operated at

overseas ports due to limited physical infrastructure.

147

See CBP, Report to Congress on Integrated Scanning System Pilots (Security and Accountability for Every Port Act

of 2006, §231). Also see U.S. GAO, Supply Chain Security: Container Secuirty Programs Have Matured, but

Uncertainty Persists over the Future of 100 Percent Scanning, GAO-12-422T, February 7, 2012, http://www.gao.gov/

assets/590/588253.pdf. Also see letter from Janet Napolitano, Secretary of Homeland Security, to Hon. Joseph I.

Lieberman, Senator, May 2, 2012.

148

Spoken response by Kevin McAleenan, Acting Assistant Commissioner, Office of Field Operations, U.S. CBP, U.S.

(continued...)

144

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costs associated with fuel and utilities, staffing, and related expenses. In a May 2014 letter to

Members of Congress, the current Secretary of Homeland Security, Jeh Johnson, reaffirmed the

conditions cited by his predecessor in support of another two-year extension of the deadline.149

Some Members of Congress have expressed frustration that DHS has made little progress toward

implementing 100% scanning.150 Congress may continue to monitor the 100% scanning

requirement and encourage DHS to scan a higher proportion of inbound cargo. On the other hand,

in light of the difficulties DHS has identified, Congress may consider changes to the 100%

scanning requirement, potentially including provisions to allow DHS to scan less than 100% of

U.S.-bound cargo or to allow certain scanning to occur within U.S. ports rather than abroad. In its

report to accompany the Department of Homeland Security Appropriations Bill, 2015 (H.R.

4903), the House Appropriations Committee directed DHS, in light of the Secretary of Homeland

Security extending the 100% scanning deadline by an additional two years and the “unlikeli[ness]

that the ... requirement will be met ... ,” to submit an alternative strategy for cargo scanning to

Congress that could be realistically achieved within the next two years.151

Port of Entry (POE) Infrastructure and Personnel

(name redacted), Section Research Ma

nager ([redacted]@crs.loc.gov, 7-....)

In light of the substantial flow of cargo and travelers at ports of entry (also see “Immigration

Inspections at Ports of Entry”), one perennial issue for Congress is how to allocate additional

resources for CBP Office of Field Operations (OFO) personnel and for port infrastructure. Some

in Congress have argued that inadequate personnel and infrastructure have contributed to costly

delays and unpredictable wait times at ports of entry, particularly at land ports on the U.S.Mexico border.152 In general, Congress has invested more heavily since 2004 in enforcement

personnel between ports of entry (i.e., U.S. Border Patrol agents) than in OFO officers (also see

“Enforcement Between Ports of Entry”).153

(...continued)

Department of Homeland Security, before the Border and Maritime Security Subcommittee of the Homeland Security

Committee, U.S. House, hearing “Balancing Maritime Security and Trade Facilitation: Protecting Our Ports, Increasing

Commerce and Securing the Supply Chain—Part I,” February 7, 2012. CBP reports that the U.S. government spent a

total of about $120 million during the first three years of the Secure Freight Initiative; CBP, Report to Congress on

Integrated Scanning System Pilots, p. 13.

149

See Stephen L. Caldwell, Director, Homeland Security and Justice Issues, U.S. Government Accountability Office,

testimony before the U.S. Congress, Senate Committee on Homeland Security and Governmental Affairs, Evaluating

Port Security: Progress Made and Challenges Ahead, 113th Cong., 2nd sess. June 4, 2014.

150

See for example, U.S. Congress, Senate Committee on Homeland Security and Governmental Affairs, Evaluating

Port Security: Progress Made and Challenges Ahead, 113th Cong., 2nd sess. June 4, 2014; and U.S. Congress, House

Committee on Homeland Security, Subcommittee on Border and Maritime Security, Balancing Maritime Security and

Trade Facilitation: Protecting Our Ports, Increasing Commerce, and Securing the Supply Chain—Part I, 112th Cong.,

2nd sess., February 7, 2012.

151

H.Rept. 113-481, p. 38.

152

See, for example, U.S. Congress, House Committee on Homeland Security, Subcommittee on Border and Maritime

Security, Using Technology to Facilitate Trade and Enhance Security at Our Ports of Entry, 112th Cong., 2nd sess.,

May 1, 2012. On border wait times, also see GAO, CBP Action Needed to Improve Wait Time Data and Measure

Outcomes of Trade Facilitation Effort, GAO-13-603, July 24, 2013.

153

According to a CRS analysis of data provided by CBP Office of Congressional Affairs in January 2013, staffing for

enforcement between ports of entry more than doubled between FY2004 and FY2012 (increasing from 10,819 to

21,394), while staffing at ports of entry increased just 20% during this period (from 18,110 to 21,790).

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Selected Issues in Homeland Security Policy for the 114th Congress

Recent fiscal pressures have been a barrier to POE personnel increases. During the FY2014

budget process, the Administration proposed to hire 3,477 additional CBP officers (about half

through increased appropriations and half through fee increases), but Congress approved a slower

personnel growth, with half the proposed funding.154 Congress also authorized a pilot program in

the FY2013 appropriations bill that permitted CBP to enter into public-private partnerships

(PPPs) with certain localities and permitted the private sector to fund improvements in border

facilities and port services, including by funding additional CBP officers and underwriting

overtime hours.155 In its FY2014 budget, the Administration proposed expanding the pilot

program by permitting CBP to accept donations to expand port operations. Approving the

Administration’s request, Congress extended the pilot program in the FY2014 DHS

appropriations bill.156 The current pilot program permits CBP to accept donations to expand port

operations, among other things.157

Immigration Inspections at Ports of Entry

(name redacted), Section Research Ma

nager ([redacted]@crs.loc.gov, 7-....)

For more information, see CRS Report R43356, Border Security: Immigration Inspections at

Ports of Entry.

At ports of entry, CBP’s Office of Field Operations (OFO) is responsible for conducting

immigration, customs, and agricultural inspections of travelers seeking admission to the United

States. The vast majority of people entering through U.S. ports are U.S. citizens, U.S. legal

permanent residents (LPRs),158 and legitimate visitors. Thus, as with cargo security (see “Cargo

Security”), CBP officers’ goals are to identify and intercept dangerous or unwanted (high-risk)

people, while facilitating access for legitimate (low-risk) travelers. CBP seeks to accomplish

these tasks without excessive infringement on privacy or civil liberties while controlling

enforcement costs.

Travelers seeking admission at ports of entry are required to present a travel document, typically

a passport or its equivalent and (for non-U.S. citizens) either a visa authorizing permanent or

temporary admission to the United States or proof of eligibility for admission through the Visa

Waiver Program (VWP; see “Visa Waiver Program”).159 Foreign nationals are subject to securityrelated and other background checks prior to being issued a visa or to receiving travel

authorization through the VWP. CBP officers at U.S. ports of entry verify the authenticity of

travelers’ documents and that each document belongs to the person seeking admission (i.e.,

confirm the traveler’s identity). Identity confirmation relies in part on biometric checks against

154

For a fuller discussion, see CRS Report R43147, Department of Homeland Security: FY2014 Appropriations,

coordinated by (name redacted).

155

See Section 560 of the Consolidated and Further Continuing Appropriations Act, FY2013 (P.L. 113-6, Div. D). The

FY2013 pilot program permitted five such partnerships in Dallas, TX, Houston, TX, and Miami, FL, and land POEs in

El Paso, TX, and Laredo/McAllen, TX.

156

See Section 559 of the Consolidated Appropriations Act, FY2014 (P.L. 113-76, Div. F).

157

Ibid.

158

Legal permanent residents (LPRs) are foreign nationals authorized to live lawfully and permanently within the

United States; see CRS Report RL32235, U.S. Immigration Policy on Permanent Admissions, by (name redacted).

159

For a fuller discussion of travel requirements, see CRS Report RL31381, U.S. Immigration Policy on Temporary

Admissions, by (name redacted); and CRS Report RL32221, Visa Waiver Program, by (name redacted).

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DHS’s Automated Biometric Identification System (IDENT) database (see “Entry-Exit System”).

Database interoperability allows CBP officers to check travelers’ records against other biographic

and biometric databases managed by the Departments of Justice, State, and Defense.

The concentration of inspection activity at the border—for travelers and imports—means that

sufficient resources must be present in order to minimize congestion and ensure efficient

operations. CBP faces pressure to provide for the rapid processing of individuals crossing the

border, but expedited processing can lead to missed opportunities for interdicting threats.

Moreover, investment in ports of entry arguably has not kept pace with rapid growth in

international travel and trade, and there may be inadequate infrastructure to manage flows at

some ports of entry (also see “Port of Entry (POE) Infrastructure and Personnel”).

In an effort to streamline admissions without compromising security, CBP has implemented

several trusted traveler programs. Trusted traveler programs require applicants to clear criminal

and national security background checks prior to enrollment, to participate in an in-person

interview, and to submit fingerprints and other biometric data.160 In return, trusted travelers—like

trusted traders (see “Customs-Trade Partnership Against Terrorism (C-TPAT)”)—are eligible for

expedited processing at ports of entry. CBP currently operates three main trusted traveler

programs: Global Entry, which allows expedited screening of passengers arriving at 34 major

U.S. airports and 10 preclearance airports;161 NEXUS, which is a joint U.S.-Canadian program

for land, sea, and air crossings between the United States and Canada, including through

dedicated vehicle lanes at 19 land ports;162 and the Secure Electronic Network for Travelers Rapid

Inspection (SENTRI), which allows expedited screening at land POEs on the U.S.-Mexican

border, including through dedicated vehicle lanes at 11 land ports.163

Visa Waiver Program

(name redacted), Specialist in Immigration Policy ([redacted]@crs.loc.gov, 7-....)

For more information, see CRS Report RL32221, Visa Waiver Program.

The 2015 terrorist attacks in Paris and Brussels, and the possible threats posed by European

citizens fighting abroad for terrorist groups such as the Islamic State,164 has increased

congressional focus on the possible security risk posed by the visa waiver program (VWP).165 The

160

Individuals are ineligible to participate in a trusted traveler program if they are inadmissible to the United States;

provide false or incomplete information on trusted traveler applications; have been convicted of a criminal offense,

have outstanding warrants, or are subject to an investigation; or have been found in violation of customs, immigration,

or agriculture laws. Trusted travel enrollees are re-checked against certain security databases every 24 hours, every

time they enter the United States, and every time they renew their trusted traveler membership.

161

CBP, “About Global Entry,” http://www.cbp.gov/global-entry/about.

162

CBP, “NEXUS” http://www.cbp.gov/travel/trusted-traveler-programs/nexus.

163

CBP, “About SENTRI,” http://www.cbp.gov/travel/trusted-traveler-programs/sentri.

164

For information on the Islamic State and foreign fighters, see CRS Report R43612, The “Islamic State” Crisis and

U.S. Policy, by (name redacted) et al.; and CRS Report IN10209,

European Security, Islamist Terrorism, and

Returning Fighters, by (name redacted) and (name redacted).

165

For example, see U.S. Congress, House Committee on Homeland Security, Subcommittee on Border and Maritime

Security, One Flight Away: An Examination of the Threat Posed by ISIS Terrorists with Western Passports, 113th

Cong., 2nd sess., September 10, 2014; and Jerry Markon, “Visa Waivers Under Scrutiny on Hill,” The Washington Post,

January 28, 2015, p. A2.

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Selected Issues in Homeland Security Policy for the 114th Congress

visa waiver program (VWP) allows nationals from 38 countries,166 most of which are in Europe,

to enter the United States as temporary visitors (nonimmigrants) for business or pleasure without

first obtaining a visa from a U.S. consulate abroad. Temporary visitors for business or pleasure

from non-VWP countries must obtain a visa from Department of State (DOS) officers at a

consular post abroad before coming to the United States. While a foreign national from a VWP

country does not need a vi

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Selected Issues in Homeland Security Policy for the 114th Congress · R44041 | Frix