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Calendar No. 459
116th Congress } { Report
SENATE
2d Session } { 116-228
_______________________________________________________________________
DHS INTELLIGENCE AND INFORMATION SHARING ACT OF 2019
__________
R E P O R T
of the
COMMITTEE ON HOMELAND SECURITY AND
GOVERNMENTAL AFFAIRS
UNITED STATES SENATE
to accompany
H.R. 2066
TO AMEND THE HOMELAND SECURITY ACT OF 2002 TO
ESTABLISH THE INTELLIGENCE ROTATIONAL ASSIGNMENT
PROGRAM IN THE DEPARTMENT OF HOMELAND SECURITY, AND FOR OTHER PURPOSES
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
June 1, 2020.--Ordered to be printed
__________
U.S. GOVERNMENT PUBLISHING OFFICE
99-010 WASHINGTON : 2020
COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
RON JOHNSON, Wisconsin, Chairman
ROB PORTMAN, Ohio GARY C. PETERS, Michigan
RAND PAUL, Kentucky THOMAS R. CARPER, Delaware
JAMES LANKFORD, Oklahoma MAGGIE HASSAN, New Hampshire
MITT ROMNEY, Utah KAMALA D. HARRIS, California
RICK SCOTT, Florida KYRSTEN SINEMA, Arizona
MICHAEL B. ENZI, Wyoming JACKY ROSEN, Nevada
JOSH HAWLEY, Missouri
Gabrielle D'Adamo Singer, Staff Director
Joseph C. Folio III, Chief Counsel
Margaret E. Frankel, Research Assistant
Nicholas O. Ramirez, U.S. Coast Guard Detailee
David M. Weinberg, Minority Staff Director
Zachary I. Schram, Minority Chief Counsel
Jeffrey D. Rothblum, Minority Senior Professional Staff Member
Laura W. Kilbride, Chief Clerk
Calendar No. 459
116th Congress } { Report
SENATE
2d Session } { 116-228
======================================================================
DHS INTELLIGENCE AND INFORMATION SHARING
ACT OF 2019
_______
June 1, 2020.--Ordered to be printed
_______
Mr. Johnson, from the Committee on Homeland Security and Governmental
Affairs, submitted the following
R E P O R T
[To accompany H.R. 2066]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security and Governmental
Affairs, to which was referred the bill (H.R. 2066) to amend
the Homeland Security Act of 2002 to establish the Intelligence
Rotational Assignment Program in the Department of Homeland
Security, and for other purposes, having considered the same,
reports favorably thereon with an amendment in the nature of a
substitute and recommends that the bill, as amended, do pass.
CONTENTS
Page
I. Purpose and Summary..............................................1
II. Background and Need for the Legislation..........................2
III. Legislative History..............................................3
IV. Section-by-Section Analysis......................................3
V. Evaluation of Regulatory Impact..................................3
VI. Congressional Budget Office Cost Estimate........................4
VII. Changes in Existing Law Made by the Act, as Reported.............5
I. Purpose and Summary
The purpose of H.R. 2066, the DHS Intelligence Rotational
Assignment Program Act of 2019, is to require the Department of
Homeland Security (DHS or Department) to establish an
Intelligence Rotational Assignment Program. Department
employees eligible for this program include DHS analysts within
a Department intelligence component, United States Secret
Service (USSS) analysts, and others as determined appropriate
by the Secretary of Homeland Security.
II. Background and the Need for Legislation
Throughout the Federal Government, rotational programs
assist agencies in employee education and career
development.\1\ Within DHS, there are a ``variety of training
opportunities [available] to employees, including academic
programs, leader development, career development, and technical
skills training.''\2\ One of the programs available to
Department employees includes the Homeland Security Rotation
Program.\3\ This program was authorized on October 4, 2006, and
``provides developmental assignments that give DHS employees
opportunities to broaden their skills, gain organizational
knowledge, and enhance their personal and professional
growth.''\4\
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\1\Office of Personnel Mgmt., Training and Development: Leadership
Development, President's Management Council Interagency Rotation
Program, available at https://www.opm.gov/policy-data-oversight/
training-and-development/leadership-development/#url=PMC-Interagency-
Rotation-Prgm.
\2\Dep't of Homeland Security, Employee Resources: My Career,
available at https://www.dhs.gov/employee-resources/my-career.
\3\Id.
\4\Pub. L. 109-295, title VI, Sec. 622(a), Oct. 4, 2006, 120 Stat.
1416. See also Dep't of Homeland Security, Employee Resources: My
Career, available at https://www.dhs.gov/employee-resources/my-career.
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In 2017, the inspectors general of the Intelligence
Community, DHS, and Department of Justice completed a report,
Review of Domestic Sharing of Counterterrorism Information.\5\
They noted that ``the DHS Intelligence Enterprise was not as
effective and valuable to the [intelligence community] as it
could be.''\6\ This was attributed to a lack of unity
throughout the DHS Intelligence Enterprise, various staffing
issues within DHS's Office of Intelligence & Analysis (I&A),
problems with the review and approval process of internal
intelligence products, and issues accessing classified systems
and locations.\7\ The report further stated that ``the DHS
Intelligence Enterprise was fragmented, with elements operating
independently and with few repercussions or incentives to
coordinate better outside of actual events.''\8\
---------------------------------------------------------------------------
\5\Joint Report by the Intelligence Community Inspectors General of
the Department of Homeland Security and the Department of Justice,
Review of Domestic Sharing of Counterterrorism Information, https://
www.dni.gov/files/documents/Newsroom/Domestic_Sharing_Counterterror-
ism_Information_Report.pdf.
\6\Id.
\7\Id.
\8\Id.
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The report noted that DHS I&A had taken steps to improve
and further unify the DHS Intelligence Enterprise.\9\ These
steps included establishing the DHS Intelligence Rotational
Assignment Program in 2014 to ``promote a broader understanding
of the various intelligence missions and functions across the
intelligence enterprise and fusion centers.''\10\ However, the
DHS Chief Intelligence Officer has been unable to compel
Department personnel to participate in such initiatives.\11\
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\9\Id.
\10\Id.
\11\Id.
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This legislation codifies DHS's Intelligence Rotational
Assignment Program in an effort to improve intra-agency
participation in the program. It also extends eligibility to
certain intelligence analysts across the DHS component
agencies, ultimately fostering a better understanding of the
Department's intelligence enterprise and resulting in increased
intra-agency communication on specific threats.
III. Legislative History
On April 3, 2019, Rep. Mike Gallagher (R-WI) introduced
H.R. 2066, the DHS Intelligence Rotational Assignment Program
Act of 2019. The Act passed the House under suspension of the
rules on May 14, 2019. H.R. 2066 was referred to the Senate
Committee on Homeland Security and Governmental Affairs on May
15, 2019.
The Committee considered H.R. 2066 at a business meeting on
November 6, 2019. Chairman Ron Johnson offered a substitute
amendment which expanded the rotation program's eligibility to
additional DHS intelligence personnel. The substitute amendment
also clarifies that the Chief Human Capital Officer is required
to carry out the rotation program's responsibilities. The
Committee favorably reported the Act, as amended by the Johnson
substitute amendment, en bloc by voice vote. Senators present
for the vote were: Johnson, Portman, Paul, Lankford, Romney,
Scott, Enzi, Hawley, Peters, Carper, Hassan, Sinema, and Rosen.
IV. Section-by-Section Analysis of the Act, as Reported
Section 1. Short title
This section provides the Act's short title, the ``DHS
Intelligence Rotational Assignment Program Act of 2019.''
Section 2. Intelligence Rotational Assignment Program
This section amends Section 844 of the Homeland Security
Act of 2002 (6 U.S.C. 414) by adding a new subsection at the
end on the Intelligence Rotational Assignment Program.
Subsection (b)(1) requires the establishment of an
Intelligence Rotational Assignment Program as part of the
Homeland Security Rotation Program within one year of
enactment.
Subsection (b)(2) establishes the eligibility for the
program to include DHS analysts within a Department
intelligence component, USSS analysts, and other positions
within DHS as determined by the Secretary.
Subsection (b)(3) outlines the responsibilities for the
Chief Human Capital Officer in regards to the Intelligence
Rotational Assignment Program, as applicable.
V. Evaluation of Regulatory Impact
Pursuant to the requirements of paragraph 11(b) of rule
XXVI of the Standing Rules of the Senate, the Committee has
considered the regulatory impact of this Act and determined
that the Act will have no regulatory impact within the meaning
of the rules. The Committee agrees with the Congressional
Budget Office's statement that the Act contains no
intergovernmental or private-sector mandates as defined in the
Unfunded Mandates Reform Act (UMRA) and would impose no costs
on state, local, or tribal governments.
VI. Congressional Budget Office Cost Estimate
U.S. Congress,
Congressional Budget Office,
Washington, DC, December 11, 2019.
Hon. Ron Johnson,
Chairman, Committee on Homeland Security and Governmental Affairs, U.S.
Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for Department of Homeland
Security Legislation.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Kim Cawley.
Sincerely,
Phillip L. Swagel,
Director.
Enclosure.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
On November 6, 2019, the Senate Committee on Homeland
Security and Governmental Affairs ordered reported the
following pieces of legislation:
H.R. 495, the Federal Information Resource
to Strengthen Ties with State and Local Law Enforcement
Act of 2019, which would require the Department of
Homeland Security (DHS) to submit an annual report to
the Congress on the department's efforts to coordinate
activities and share information with state, local, and
tribal law enforcement agencies;
H.R. 1589, the CBRN Intelligence and
Information Sharing Act of 2019, which would direct DHS
to gather and analyze intelligence on terrorist threats
involving chemical, biological, radiological, and
nuclear (CBRN) materials and to share that information
with federal, state, and local authorities; and
H.R. 2066, the DHS Intelligence Rotational
Assignment Program Act of 2019, which would authorize
DHS to permit its intelligence analysts to participate
in the department's in-house employee rotation program.
DHS is currently carrying out activities similar to those
required by the acts listed above, and any new activities
required under the legislation would not require substantial
action by the department. Thus, CBO estimates that implementing
each act would not have a significant cost; any spending would
be subject to the availability of appropriated funds.
On April 23, 2019, CBO transmitted a cost estimate for H.R.
1589, the CBRN Intelligence and Information Sharing Act of
2019, as passed by the House of Representatives on April 1,
2019. The two versions of the legislation are similar and CBO's
estimate of the budgetary effects for each version are the
same.
The CBO staff contact for this estimate is Kim Cawley. The
estimate was reviewed by H. Samuel Papenfuss, Deputy Assistant
Director for Budget Analysis.
VII. Changes in Existing Law Made by the Act, as Reported
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the act, as reported, are shown as follows: (existing law
proposed to be omitted is enclosed in brackets, new matter is
printed in italic, and existing law in which no change is
proposed is shown in roman):
HOMELAND SECURITY ACT OF 2002
* * * * * * *
TITLE VIII--COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL;
UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS
* * * * * * *
Subtitle E--Human Resources Management
* * * * * * *
SEC. 844. HOMELAND SECURITY ROTATION PROGRAM.
(a) * * *
* * * * * * *
(b) Intelligence Rotational Assignment Program.--
(1) Establishment.--Not later than 1 year after the
date of enactment of this subsection, the Secretary
shall establish an Intelligence Rotational Assignment
Program as part of the Rotation Program under
subsection (a).
(2) Eligibility.--The Intelligence Rotational
Assignment Program shall be open to employees serving
in analyst positions in an intelligence component of
the Department, analyst positions in the United States
Secret Service, and other positions in the Department,
as Determined appropriate by the Secretary.
(3) Coordination.--The Chief Human Capital Officer
shall carry out the responsibilities relating to the
Rotation Program that are specified in subsection
(a)(3)(B) with respect to the Intelligence Rotational
Assignment Program under this subsection, to the extent
those responsibilities are applicable to the
Intelligence Rotational Assignment Program.
* * * * * * *
[all]
