HLSS613Wk5

References

Clapper, J. (2016) Domes�c approach to na�onal intelligence. h�ps://www.hsdl.org/?view&did=798173

Downing, M. P. (2015). Policing terrorism in the US: The LAPD's convergence strategy. Turning the Tide, 28(4), 7. h�ps://search-proquest-com.ezproxy2.apus.edu/docview/1765840445?accoun�d=8289

Vicinanzo, A. (2016, June 6). DHS components lacked coordina�on in a�ermath of San Bernardino a�acks. Homeland Security Today. h�p://www.hstoday.us/channels/dhs/single-ar�cle-page/dhs-components- lacked-coordina�on-in-a�ermath-of-san-bernardino-a�acks/b63b5f664e08e81e1663e95f7c771524.html

U.S. Cons�tu�on. Bill of Rights, Amendment Ten. h�ps://www.archives.gov/founding-docs/bill-of-rights-transcript

U.S. Department of Homeland Security

Strengthening the Homeland Security Enterprise Over the past several years, DHS and our partners have evolved and strengthened our homeland security enterprise in order to better defend against evolving terrorist threats. This enterprise extends far beyond DHS and the many departments and agencies that contribute to our homeland security mission. A key part includes working directly with law enforcement, state and local leaders, community-based organizations, private sector and international partners.

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Progress Made Since 9/11

Federal Government Partnerships

Within the federal government, many departments and agencies contribute to the homeland security mission. The nation's armed forces are on the front lines of homeland security by degrading al-Qa'ida's capabilities to attack the United States and targets throughout the world. The Director of National Intelligence, the Central Intelligence Agency, and the entire Intelligence Community, of which DHS is a member, are producing better streams of intelligence than at any time in history. The Administration has made critical enhancements to the federal watchlist systems and to the coordination of the Federal government's counterterrorism e�orts. The Federal homeland security enterprise also includes the strong presence of the Department of Justice (DOJ) and the Federal Bureau of Investigation (FBI), whose role in leading terrorism investigations has led to the arrest of more than two-dozen Americans on terrorism-related charges since 2009.

State, Local, Tribal, and Territorial Partners

DHS has focused on getting resources and information out of Washington, D.C. and into the hands of state and local law enforcement, to provide them with the tools to identify and combat threats in their communities. Because state and local law enforcement are o�en in the best position to notice the first signs of a planned attack, homeland security e�orts must be integrated into the police work that they do every day, providing o�icers on the front lines with a clear understanding of the tactics, behaviors, and other indicators that could point to terrorist activity.

DHS supports these e�orts through robust information sharing with public and private sector partners; fusion centers (/state-and-major-urban-area-

fusion-centers) to build analytical capability at the state and local level; participation in the Nationwide Suspicious Activity Reporting Initiative – an Administration e�ort to train state and local law enforcement to recognize behaviors and indicators related to terrorism, crime and other threats, and FBI-led Joint Terrorism Task Forces (JTTF) that investigate terrorist threats. DHS also helps state and local partners build and sustain capabilities to prevent, protect against, respond to, and recover from threats or acts of terrorism through grant funding, training and technical assistance. In 2009, DHS designated Tribal liaisons in every operational component to work directly with tribal communities. In 2011, DHS announced a new Tribal Consultation Policy outlining the guiding principles under which all elements of the Department will engage with sovereign tribal governments.

Private Sector Outreach

The private sector is an integral component of the homeland security enterprise, and through the Department's private sector o�ice, DHS has improved coordination of private sector engagement across the Department, facilitating more e�ective and rapid communication with key organizations and bolstering regionally-focused information sharing e�orts. Since 9/11, DHS also has prioritized private sector preparedness through programs such as the Voluntary Private Sector Preparedness Accreditation and Certification Program (PS-Prep™), Ready Business, the development and deployment of new technologies, and by incorporating private sector partners from the outset when developing new policies, programs and initiatives.

International E�orts

DHS works closely with international partners, including major multilateral organizations and global businesses to strengthen the security of the networks of global trade and travel upon which the nation's economy and communities rely. DHS has enhanced the security of the aviation system, not only in airports throughout the United States, but also in airports abroad, by working directly with foreign governments, international organizations, and the aviation industry to raise aviation security standards. The Administration's global supply chain initiative is building on many of these partnerships, including work with International Civil Aviation Organization (ICAO), World Customs Organization (WCO), and International Maritime Organization (IMO).

Public Engagement

The public also plays a key role in our strengthened homeland security enterprise. Through the nationwide expansion of the "If You See Something, Say Something®" campaign (/see-something-say-something) , which was originally implemented by New York City's Metropolitan Transportation Authority, DHS is raising public awareness of indicators of terrorism and crime while emphasizing the importance of reporting suspicious activity to the proper law enforcement authorities. Recently, DHS replaced the color-coded alert system with the new National Terrorism Advisory System (NTAS) (/national-terrorism-advisory-system) –a robust terrorism advisory system that provides timely information to the

Last Updated: 12/21/2022

Implementing 9/11 Commission Recommendations

Topics

HOMELAND SECURITY ENTERPRISE (/TOPICS/HOMELAND-SECURITY-ENTERPRISE)

Keywords

TARGETED VIOLENCE AND TERRORISM PREVENTION (TVTP) (/KEYWORDS/TARGETED-VIOLENCE-AND-TERRORISM-PREVENTION-TVTP)

public and the private sector, as well as to state, local and tribal governments about credible terrorist threats and recommended security measures.

The Department of Homeland Security (DHS) and its many partners across the federal government, public and private sectors, and communities across the country and around the world have worked since 9/11 to build a new homeland security enterprise to better mitigate and defend against dynamic threats, minimize risks, and maximize the ability to respond and recover from attacks and disasters of all kinds.

Together, these e�orts have provided a strong foundation to protect communities from terrorism and other threats, while safeguarding the fundamental rights of all Americans.

While threats persist, our nation is stronger than it was on 9/11, more prepared to confront evolving threats, and more resilient in the face of our continued challenges.

Read the Implementing 9/11 Commission Recommendations (/implementing-911-commission-recommendations) , Progress Report 2011

D E

PA RTMENT OF JUSTIC

E

United States Department of Justice

DHS/DOJ Fusion Process Technical Assistance Program and Services

Tribal Participation in Fusion Centers

As the national, integrated network of fusion centers continues to be implemented, it is important to understand the role that tribal representation can bring to fusion center efforts. Many state and major urban area fusion center jurisdictions include tribal land. To fully maximize fusion center effectiveness, centers should include tribal representatives in their information and intelligence collection, analysis, and sharing efforts. The guidance identified in the Fusion Center Guidelines, National Strategy for Information Sharing, and Baseline Capabilities for State and Major Urban Area Fusion Centers can assist fusion centers in successfully integrating tribal entities into the center.

National Strategy for Information Sharing The National Strategy for Information Sharing (NSIS) (October 2007) mandates the inclusion of tribal governments in the Information Sharing Environment (ISE). This implies a mandate for inclusion of tribal representation in fusion centers. As first “preventers and responders,” they are

seen as critical to efforts to prevent future terrorist attacks and for responding to any attacks that might occur. To do this, they must have access to and share information that enables them to protect our communities. The NSIS goes on to say that tribal governments are best able to identify threats that exist within their jurisdictions and are full and trusted partners with the federal government in efforts to combat terrorism. Therefore, they must be a part of an information sharing framework that supports an effective and efficient two-way flow of information enabling officials at all levels of government to counter and respond to threats.

The NSIS draws on Guideline 2 of the Presidential memorandum creating the Program Manager for the Information Sharing Environment. This guideline states

that tribes should be afforded appropriate opportunities to participate as full partners in the ISE through a common framework related to the sharing of terrorism information, homeland security information, and law enforcement information between and among federal departments and agencies of local, state, and tribal governments as well as private sector entities. Again, this implies a mandate for inclusion of tribal representation in fusion centers.

The NSIS calls for enabling tribal governments to gather, process, analyze, and share information and intelligence. Amidst discussion of roles and responsibilities, it states that tribal governments have specific responsibilities in relation to the establishment and continued operation of state and major urban area fusion centers. These roles and responsibilities were developed in partnership with local, state, and tribal officials and represent a collective view. The NSIS encourages tribes to take steps to ensure that state and major urban fusion centers achieve and sustain a baseline level of capability.

Fusion Center Guidelines Guideline 4 of the Fusion Center Guidelines calls for the creation of a collaborative environment for the sharing of intelligence and information among local, state, tribal, and federal law enforcement. In a discussion of Information Flow, the guideline states, “With the establishment of fusion

centers around the country, it is important to have a clear understanding of who should receive and disseminate information and how it flows both vertically and horizontally among all local, state, tribal, and federal government agencies and private entities. Successful counterterrorism efforts require that local, state, tribal, and federal law enforcement agencies, along with public safety and private

Fusion Center Guidelines

Developing and Sharing Information and Intelligence

in a New Era

Guidelines for Establishing and Operating Fusion Centers at the Local, State, and Federal Levels

Law Enforcement Intelligence, Public Safety, and the

Private Sector

United States Department of Justice

A companion CD has been developed in conjunction with the Fusion Center Guidelines report. This CD contains sample policies, checklists, resource documents, and links to Web sites that are referenced throughout the report. For copies of the resource CD, contact DOJ’s Global at (850) 385-0600.

The fusion center resources are also available at DOJ’s Global Web site, www.it.ojp.gov/fusioncenter, DHS’s Web site, and the Homeland Security Information Network (HSIN).

Issued August 2006

For more information about the Fusion Center Guidelines, contact DOJ’s Global at (850) 385-0600.

For more information about DOJ’s initiatives, go to

www.it.ojp.gov.

About GlobAl

The U.S. Department of Justice’s Global Justice Information Sharing Initiative (Global) serves as a Federal Advisory Committee to the U.S. Attorney General on critical justice information sharing initiatives. Global promotes standards-based electronic information exchange to provide justice and public safety communities with timely, accurate, complete, and accessible information in a secure and trusted environment. Global is administered by the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance.

Lessons Learned Information Sharing

www.LLIS.gov ncirc.gov

Tribal Participation in Fusion Centers

sector entities, have an effective information sharing and collaboration capability. This will ensure that they can seamlessly collect, collate, blend, analyze, disseminate, and use information and intelligence.” Without participation in fusion centers, it will be difficult for tribes to be a full partner in the flow of information envisioned in the Fusion Center Guidelines.

Baseline Capabilities for State and Major Urban Area Fusion Centers The Baseline Capabilities document mandates that fusion centers identify and incorporate local and tribal law enforcement, homeland security, or other discipline analytic centers that do

not meet the definition of a fusion center but are within the fusion center’s geographic area of responsibility and develop and maintain coordination procedures and communications methodologies. In response to federally generated alerts, warnings, and notification messages and/or significant events, the fusion center shall support or facilitate the identification of actions that were taken by local, state, and tribal authorities and the private sector and report those back to the appropriate federal agency.

The document calls for leveraging and/or coordinating with the JTTF and other local, state, tribal, federal, and private sector information sharing and counterterrorism efforts; leveraging databases, systems, and networks available from participating entities to maximize information sharing; and planning for future connectivity to other local, state, tribal, and federal systems under development. This can best be accomplished with the participation of tribal representatives in fusion centers.

DHS Tribal Homeland Security Grant Program (THSGP) DHS is encouraging tribes to prioritize the allocation of THSGP grant fund resources so they can participate in and/or share

information with those DHS and FBI jointly designated State and Major Urban Area fusion centers.

Additional Reasons for Including Tribal Representation in Fusion Centers There are more than 2,300 tribal law enforcement officers nationwide in 171 tribal police agencies and 37 Bureau of Indian Affairs agencies, for a total of 208 agencies associated with the 564 federally recognized tribes in the United States. If properly utilized by fusion centers, these resources can be leveraged to aid in achieving counterterrorism, all-crimes, and all-hazards objectives. Many tribes do not have the resources required to dedicate individuals to full-time work in fusion centers, but strategies that employ part-time involvement or remote participation through Fusion Liaison Officer training could strengthen the baseline capabilities of fusion centers.

By participating in fusion centers, tribes can contribute to the safety of officers and general public safety and could aid in protecting the 260 miles of international borders, resulting in countering illegal drug activity and human trafficking that takes place across those borders. Significant critical infrastructure and key resources are present in Indian Country. Participation in fusion center activities could improve the chances for protecting dams, transportation routes, waterways, and power lines, as well as other resources that are critical to the country. Including tribal representation in fusion centers would enable a more timely response to events through the use of mutual aid and compacts with tribes that might have more resources to better protect and serve.

Planning exercises by extremists are sometimes conducted in very remote areas. Many of the tribes have very large land masses where these types of exercises could take place. In addition, there is growing concern that criminal offenders are traveling to and from different reservations for criminal activity, and many fear that this will grow. Information sharing programs among tribal police and local, state, and federal governments are needed to reduce this threat. Tribal participation in fusion centers could help with this issue.

This project was supported by Grant No. 2008-DD-BX-K479 awarded by the Bureau of Justice Assistance, in collaboration with

the U.S. Department of Justice’s Global Justice Information Sharing Initiative and the U.S. Department of Homeland Security.

The Bureau of Justice Assistance is a component of the Office of Justice Programs, which also includes the Bureau of Justice Statistics,

the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the SMART Office, and the

Office for Victims of Crime. Points of view or opinions in this document are those of the author and do not represent the official

position or policies of the U.S. Department of Justice or the U.S. Department of Homeland Security. Issued 02/10

Bureau of Justice Assistance U.S. Department of Justice

FISCAL YEAR 2010

TRIBAL HOMELAND SECURITY GRANT PROGRAM

GUIDANCE AND APPLICATION KIT

DECEMBER 2009

U . S . D E P A R T M E N T O F H O M E L A N D S E C U R I T Y

HSINT and State, Local and Tribal Authorities Many members of the U.S. Intelligence Community (IC) have key roles and relationships to support the shared mission of protecting the homeland, since no one agency at the federal, state, or local level can single handedly secure the nation.

These partners work with one another, and through established channels with the private sector (e.g., critical infrastructure owners and operators), as part of a complex web of relationships. Each partner, regardless of level, plays an important role in protecting the homeland with respect to warning, interdiction, prevention, mitigation, and response. The importance of partnerships and collaboration is emphasized (Clapper, 2016, p. 7).

This “web of relationships” is highly complex and based on a myriad of laws, regulations, policies, and informal practices that have developed and morphed over time. The domestic intelligence abuses discussed in week 3 greatly impacted the interactions between intelligence and law enforcement agencies for decades to come. It was not until 9/11 that this wall came down, as well as furthering the recognition that state and local agencies have a major role to play. As the Deputy Chief, Counter-Terrorism and Criminal Intelligence Bureau of the Los Angeles Police Department wrote,

Covering 3.79 million sq. mi. with 330+ million people, the US has 3,006 counties and 4.488 cities with 10,000 or more people, 18 federal intelligence agencies and in excess of 18,000 local law enforcement agencies with 670,000+ full-time law enforcement officers. This presents a challenge to collaboration, but an opportunity for expertise to be developed and shared. Whether it's realized will be decided by how effectively agencies collaborate- with each other, the private sector, academia, and their communities (Downing, 2015).

The lack of effective sharing that enabled the 9/11 hijackers was a result of a failure to share between agencies like the CIA and FBI (inter-agency coordination) as well as a failure to share within agencies (intra-agency like FBI field offices to FBI headquarters). Some inter-agency issues were made intra-agencies challenges with the absorption of 22 different agencies into the Department of Homeland Security in 2003. A recent intra-agency challenge was revealed when DHS Immigration and Customs Enforcement (ICE) agents were blocked from their investigation and potential on- site arrest of terrorist accomplice Enrique Marquez after the 2015 San Bernardino shootings by other DHS officials from the US Citizenship and Immigration Services (USCIS) (Vicinanzo, 2016).

These examples are all discussing federal collaboration within and between federal agencies. However, that type of coordination and sharing alone is insufficient to secure the nation. It is imperative to realize that homeland security intelligence operates within our federal system with independent and largely "sovereign" state, local, and even tribal agencies participating in the process. This genesis of this statement can trace itself back to the U.S. Constitution, specifically the 10th Amendment which reads: “The powers not delegated to the United States by the Constitution, nor

prohibited by it to the States, are reserved to the States respectively, or to the people” (U.S. Constitution). States further delegate many public safety responsibilities down to the local level. Knowing this helps us see why we have much overlap of federal, state, and local agencies all with a role in homeland security. This is also where the national network of state and locally owned and operated fusion centers come into play. These fusion centers are potentially excellent frameworks for information sharing and collaboration among all three levels of government when it comes to intelligence support for homeland security. However, they have also been the subject of numerous critical reports by various politicians and privacy advocacy groups.