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Report to the Chairman, Committee on Homeland Security, House of 
Representatives: 

United States Government Accountability Office:
GAO: 

December 2009: 

Information Sharing: 

Federal Agencies Are Sharing Border and Terrorism Information with 
Local and Tribal Law Enforcement Agencies, but Additional Efforts Are 
Needed: 

GAO-10-41: 

GAO Highlights: 

Highlights of GAO-10-41, a report to the Chairman, Committee on 
Homeland Security, House of Representatives. 

Why GAO Did This Study: 

Information is a crucial tool in securing the nation’s borders against 
crimes and potential terrorist threats, with the Department of Homeland 
Security’s (DHS) Border Patrol and Immigration and Customs Enforcement 
(ICE), and the FBI, having key information sharing roles. GAO was asked 
to assess the extent to which (1) local and tribal officials in border 
communities received useful information from their federal partners, 
(2) federal agencies supported state fusion centers’—where states 
collaborate with federal agencies to improve information sharing—
efforts to develop border intelligence products, and (3) local and 
tribal agencies were aware of the suspicious activities they are to 
report. To conduct this work, GAO analyzed relevant laws, directives, 
policies, and procedures; contacted a nongeneralizable sample of 20 
agencies in border communities and five fusion centers (based on 
geographic location and size); and interviewed DHS and FBI officials. 

What GAO Found: 

Officials from 15 of the 20 local and tribal law enforcement agencies 
in the border communities GAO contacted said they received information 
directly from at least one federal agency in the vicinity (Border 
Patrol, ICE, or the FBI) that was useful in enhancing their situational 
awareness of border crimes and potential terrorist threats. Nine of the 
20 agencies reported receiving information from all three federal 
agencies. Overall, where federal officials had discussed local and 
tribal officials’ information needs and had established information 
sharing partnerships and related mechanisms to share information with 
them—consistent with the National Strategy for Information Sharing and 
best practices—the majority of the local and tribal officials reported 
receiving useful information. However, most local and tribal officials 
that reported federal agencies had not discussed information needs and 
had not established partnerships with them also said they had not 
received useful information. By more fully identifying the information 
needs of local and tribal agencies along the borders and establishing 
information sharing partnerships, federal agencies could be better 
positioned to provide local and tribal agencies with information that 
enhances their situational awareness of border crimes and potential 
terrorist threats. 

Federal officials at two of the five state fusion centers we visited 
were supporting fusion center efforts to develop border intelligence 
products or reports that contained information on border crimes and 
potential terrorist threats, as discussed in the Implementing 
Recommendations of the 9/11 Commission Act of 2007. DHS recognizes that 
it needs to add personnel to other fusion centers in border states to, 
among other things, support the creation of such products, and is 
developing plans to do so, but cited funding issues and competing 
priorities as barriers. The creation of border intelligence products—
such as those developed by two of the fusion centers we visited—
represent potential approaches that DHS and the FBI could use to 
identify promising practices that other fusion centers could adopt. 
Identifying such practices is important because of the central role the 
federal government places on fusion centers to facilitate the sharing 
of information. Also, DHS had not obtained feedback from local and 
tribal officials on the utility and quality of the border intelligence 
products that its analysts in fusion centers have helped to develop. 
Additional efforts to obtain such feedback would support DHS and FBI 
efforts to improve the utility and quality of future products. 

Officials from 13 of the 20 local and tribal agencies in the border 
communities we contacted said that federal agencies had not defined 
what suspicious activities or indicators rise to the level of potential 
terrorist threats and should be reported to federal agencies or fusion 
centers. Recognizing this problem, federal agencies are participating 
in national efforts to standardize suspicious activity reporting. Until 
such efforts are implemented, defining suspicious activity indicators 
and current reporting processes would help better position local and 
tribal officials along the borders to identify and report incidents 
indicative of criminal activity associated with terrorist threats. 

What GAO Recommends: 

GAO recommends that DHS and the FBI more fully identify the information 
needs of and establish partnerships with local and tribal officials 
along the borders; identify promising practices in developing border 
intelligence products within fusion centers and obtain feedback on the 
products; and define the suspicious activities that local and tribal 
officials in border communities are to report and how to report them. 
DHS agreed and the FBI did not comment. 

View [hyperlink, http://www.gao.gov/products/GAO-10-41] or key 
components. For more information, contact Eileen Larence at (202) 512-
6510 or larencee@gao.gov. 

[End of section] 

Contents: 

Letter: 

Background: 

Most Local and Tribal Agencies in Border Communities We Contacted Found 
Information from Federal Partners Useful for Situational Awareness, but 
Adopting Further Measures Could Close Other Information Sharing Gaps: 

Federal Agencies Are Supporting Some Fusion Center Efforts to Develop 
Border Intelligence Products, but Additional DHS Personnel and Other 
Measures Could Strengthen Future Efforts: 

Local and Tribal Agencies in Border Communities We Contacted Could 
Better Support National Counterterrorism Efforts If They Were More 
Aware of the Suspicious Activities They Are to Report: 

Conclusions: 

Recommendations for Executive Action: 

Agency Comments and Our Evaluation: 

Appendix I: Objectives, Scope, and Methodology: 

Appendix II: Comments from the Department of Homeland Security: 

Appendix III: GAO Contact and Staff Acknowledgments: 

Figures: 

Figure 1: Number of Local and Tribal Agencies We Contacted That 
Reported Receiving Information from Federal Agencies in Their Vicinity: 

Figure 2: Number of Local and Tribal Agencies We Contacted That 
Reported Discussing Their Information Needs with Federal Agencies in 
the Vicinity: 

Figure 3: Number of Local and Tribal Agencies We Contacted That 
Reported Having or Were Developing an Information Sharing Partnership 
with Federal Agencies in the Vicinity: 

Figure 4: DHS Personnel Assigned to Land Border State Fusion Centers, 
August 2009: 

Abbreviations: 

CBP: U.S. Customs and Border Protection: 

DHS: Department of Homeland Security: 

DOJ: Department of Justice: 

FBI: Federal Bureau of Investigation: 

I&A: DHS Office of Intelligence and Analysis: 

ICE: U.S. Immigration and Customs Enforcement: 

OMB: Office of Management and Budget: 

[End of section] 

United States Government Accountability Office:
Washington, DC 20548: 

December 18, 2009: 

The Honorable Bennie G. Thompson: 
Chairman: 
Committee on Homeland Security: 
House of Representatives: 

Dear Mr. Chairman: 

The Department of Homeland Security (DHS) has identified terrorism as 
one of the primary threats the United States faces on the northern and 
southwest international land borders, along with illegal immigration 
and drug trafficking, among others. In many border communities, the 
individuals who are best positioned to observe suspicious activities 
that may be related to these threats and report the activities to the 
federal government are local and tribal law enforcement officers, 
particularly in communities with a minimal federal presence. Therefore, 
it is critical that federal agencies with key responsibilities for 
securing the nation's borders--including DHS's U.S. Customs and Border 
Protection (CBP) and U.S. Immigration and Customs Enforcement (ICE), 
and the Department of Justice's (DOJ) Federal Bureau of Investigation 
(FBI)--share information with local and tribal officials in border 
communities that enhances their situational awareness of border crimes 
and potential terrorist threats.[Footnote 1] 

Since information sharing weaknesses were a major contributing factor 
to the nation's lack of preparedness for the terrorist attacks of 
September 11, 2001, the federal government has called for a number of 
information sharing initiatives. One theme common to many of these 
efforts is for federal agencies to share information on terrorism-
related matters with local and tribal law enforcement agencies--
including those in border communities--to enhance their situational 
awareness of potential terrorist threats.[Footnote 2] The initiatives 
also recognize that an improved information sharing environment is to 
be constructed on a foundation of trusted partnerships at all levels of 
government based on a shared commitment to detect, prevent, disrupt, 
preempt, and mitigate the effects of terrorism. Further, most states 
and some local governments have established fusion centers that address 
gaps in terrorism-related information sharing that the federal 
government cannot address alone and provide a conduit for information 
sharing within the state.[Footnote 3] Finally, since late 2007, the 
federal government has been working with state and local law 
enforcement agencies to establish a nationwide process for reporting 
suspicious activities that may be related to terrorism. 

Our prior work on the importance of including state, local, and tribal 
entities in information sharing has shown that this sharing continues 
to be a significant challenge for the federal government. In January 
2005, we designated information sharing for homeland security a high-
risk area because the government had continued to face formidable 
challenges in analyzing and disseminating this information in a timely, 
accurate, and useful manner. We reported that information is a crucial 
tool in fighting terrorism and that its timely dissemination is 
critical to maintaining the security of our nation. This area remained 
on the high-risk list for our January 2009 update.[Footnote 4] As a 
result of this designation, we continuously monitor federal information 
sharing efforts. 

Recognizing that local and tribal law enforcement agencies in border 
communities are important partners in our first line of defense against 
criminals and terrorists entering the United States, you asked us to 
assess information sharing between federal agencies and local and 
tribal law enforcement agencies in border communities. Specifically, 
our work addressed to what extent: 

* local and tribal law enforcement agencies in border communities are 
receiving information from their federal partners that enhances the 
agencies' situational awareness of border crimes and potential 
terrorist threats; 

* federal agencies are assisting fusion centers' efforts to develop 
border intelligence products that enhance local and tribal agencies' 
situational awareness of border crimes and potential terrorist threats; 
and: 

* local and tribal law enforcement agencies in border communities are 
aware of the specific types of suspicious activities related to 
terrorism they are to report and to whom, and the process through which 
they should report this information. 

To identify criteria for answering these questions, we analyzed 
relevant laws, directives, policies, and procedures related to 
information sharing, such as the October 2007 National Strategy for 
Information Sharing and the Implementing Recommendations of the 9/11 
Commission Act of 2007 (9/11 Commission Act).[Footnote 5] The 9/11 
Commission Act provides for the establishment of a State, Local, and 
Regional Fusion Center Initiative at DHS and contains numerous 
provisions that address the federal government's information sharing 
responsibilities to state and local fusion centers, including those 
that serve border communities. 

To examine the information sharing that occurs between local and tribal 
law enforcement agencies in border communities and federal agencies 
that have a local presence in these communities (CBP's Border Patrol, 
ICE, and the FBI), we conducted site visits to five states that are 
geographically dispersed along the northern and southwest borders 
(Arizona, Montana, New York, Texas, and Washington). Within these 
states, we met with county sheriffs, local police chiefs, and tribal 
police chiefs from a total of 23 law enforcement agencies and asked 
them about the information they received from federal agencies in their 
localities.[Footnote 6] We also asked them about whether federal 
officials had discussed local and tribal officials' information needs 
and had established information sharing partnerships and related 
mechanisms to share information with them--consistent with the National 
Strategy for Information Sharing and best practices described in GAO 
reports.[Footnote 7] After our visits, we sent follow-up questions to 
all 23 local and tribal agencies we visited in order to obtain 
consistency in how we requested and obtained information for reporting 
purposes. Three agencies did not respond to our follow-up efforts and 
were excluded from our analysis. Thus, our analysis and reporting is 
based on our visits and subsequent activities with the 20 local and 
tribal agencies that responded to our follow-up questions. We also met 
with local representatives of Border Patrol, ICE, and the FBI to 
discuss their perspectives on the information sharing that occurred, 
and compared this information to that provided by local and tribal 
agencies in order to identify barriers to sharing. 

To assess the extent to which federal agencies assisted fusion centers 
in developing border intelligence products, as discussed in the 9/11 
Commission Act, we reviewed products developed by fusion centers to 
determine the extent to which they provided border security-relevant 
information.[Footnote 8] We also met with and conducted subsequent 
follow-up conversations with fusion center directors and other senior 
fusion center officials in the five states we visited to obtain their 
views on the importance of developing such products and about the level 
of support federal agencies were providing in developing these 
products. We asked each of the 20 local and tribal law enforcement 
agencies we contacted whether they received border intelligence 
products from their state's primary fusion center and, if so, we 
discussed their views on the usefulness of such products. We also 
interviewed senior officials from DHS's Office of Intelligence and 
Analysis (I&A)--the office responsible for coordinating the federal 
government's support to fusion centers--and headquarters components of 
Border Patrol, ICE, and the FBI to discuss their efforts to support 
fusion centers' development of border intelligence products, identify 
promising practices for developing such products, and obtain feedback 
from local and tribal officials on the usefulness of the products. 

Finally, to determine the extent to which local and tribal agencies in 
border communities were aware of the suspicious activities they are to 
report, we asked officials from the 20 agencies what, if any, 
information federal agencies or fusion centers had provided them on the 
kinds of suspicious activities that could be indicators of or 
precursors to terrorism and what processes they had in place for 
reporting information on these activities.[Footnote 9] We also reviewed 
the Findings and Recommendations of the Suspicious Activity Report 
(SAR) Support and Implementation Project to determine the extent to 
which the federal government recognizes the role of suspicious activity 
reporting for detecting and mitigating potential terrorist 
threats.[Footnote 10] We also examined indicators of various suspicious 
activities the FBI and fusion centers developed to determine if they 
contained border-specific content. We interviewed DOJ officials who 
were leading the national initiative to standardize suspicious activity 
reporting--as well as those from headquarters components of DHS and the 
FBI--to discuss the status of the national initiative and whether 
border-specific indicators were needed and are being considered as part 
of this initiative. 

Because we selected a nonprobability sample of agencies in border 
communities to contact, the information we obtained at these locations 
may not be generalized across the wider population of law enforcement 
agencies in border communities. However, because we selected these 
border communities based on the variety of their geographic location, 
proximity to federal agencies, and other factors, the information we 
gathered from these locations provided us with a general understanding 
of information sharing between federal agencies and state, local, and 
tribal law enforcement agencies along the border. Appendix I provides 
more details about our objectives, scope, and methodology. 

We conducted this performance audit from October 2007 through December 
2009 in accordance with generally accepted government auditing 
standards. Those standards require that we plan and perform the audit 
to obtain sufficient, appropriate evidence to provide a reasonable 
basis for our findings and conclusions based on our audit objectives. 
We believe that the evidence obtained provides a reasonable basis for 
our findings and conclusions based on our audit objectives. 

Background: 

Information Sharing Roles of Key Federal and State Entities: 

The Homeland Security Act of 2002 and subsequently enacted laws--
including the Intelligence Reform and Terrorism Prevention Act of 2004 
and the 9/11 Commission Act--assigned DHS responsibility for sharing 
information related to terrorism and homeland security with its state, 
local, and tribal partners, and authorized additional measures and 
funding in support of carrying out this mandate.[Footnote 11] DHS 
designated I&A as having responsibility for coordinating efforts to 
share information that pertains to the safety and security of the U.S. 
homeland across all levels of government, including federal, state, 
local, and tribal government agencies. In June 2006, DHS tasked I&A 
with the responsibility for managing DHS's support to fusion centers. 
I&A established a State and Local Fusion Center Joint Program 
Management Office as the focal point for supporting fusion center 
operations and to maximize state and local capabilities to detect, 
prevent, and respond to terrorist and homeland security threats. The 
office was also established to improve the information flow between DHS 
and the fusion centers, as well as provide fusion centers with access 
to the federal intelligence community. 

Two DHS components--CBP and ICE--have responsibilities for securing the 
nation's land borders against terrorism and other threats to homeland 
security. Specifically, CBP's Border Patrol agents are responsible for 
preventing the illegal entry of people and contraband into the United 
States between ports of entry. This includes preventing terrorists, 
their weapons, and other related materials from entering the country. 
Border Patrol's national strategy calls for it to improve and expand 
coordination and partnerships with state, local, and tribal law 
enforcement agencies to gain control of the nation's borders. ICE is 
charged with preventing terrorist and criminal activity by targeting 
the people, money, and materials that support terrorist and criminal 
organizations. According to the agency's 2008 annual report, ICE 
recognizes the need for strong partnerships with other law enforcement 
agencies, including those on the local level, in order to combat 
criminal and terrorist threats. 

The FBI serves as the nation's principal counterterrorism investigative 
agency, and its mission includes protecting and defending the United 
States against terrorist threats.[Footnote 12] The FBI conducts 
counterterrorism investigations through its field offices and Joint 
Terrorism Task Forces.[Footnote 13] In addition, each FBI field office 
has established a Field Intelligence Group, which consists of 
intelligence analysts and special agents who gather and analyze 
information related to identified threats and criminal activity, 
including terrorism. Each group is to share information with other 
Field Intelligence Groups across the country, FBI headquarters, and 
other federal, state, and local law enforcement and intelligence 
agencies to fill gaps in intelligence. 

Fusion centers serve as the primary focal points within the state and 
local environment for the receipt and sharing of information related to 
terrorist and homeland security threats. In March 2006, DHS released 
its Support and Implementation Plan for State and Local Fusion Centers. 
In this plan, DHS describes its responsibility to effectively 
collaborate with its federal, state, and local partners to share 
information regarding these threats. To facilitate the effective flow 
of information among fusion centers, DHS, other federal partners, and 
the national intelligence community, the plan calls for DHS to assign 
trained and experienced operational and intelligence personnel to 
fusion centers and includes the department's methodology for 
prioritizing the assignments. The plan also notes that identifying, 
reviewing, and sharing fusion center best practices and lessons learned 
is vital to the success of DHS's overall efforts. Accordingly, it 
recommends that DHS develop rigorous processes to identify, review, and 
share these best practices and lessons learned. In December 2008, DHS 
issued a document entitled Interaction with State and Local Fusion 
Centers Concept of Operations. According to the document, each DHS 
component field office whose mission aligns with the priorities of the 
fusion center is to establish a relationship with that center. This 
relationship should include but not be limited to routine meetings and 
consistent information sharing among DHS and state and local personnel 
assigned to each center. 

The FBI's role in and support of individual fusion centers varies 
depending on the level of functionality of the fusion center and the 
interaction between the particular center and the local FBI field 
office. FBI efforts to support fusion centers include assigning special 
agents and intelligence analysts to fusion centers, sharing 
information, providing space or rent for fusion center facilities in 
some locations, and ensuring that state and local personnel have 
appropriate security clearances as well as access to FBI personnel. 

Statutory Provisions and National Strategies Governing Information 
Sharing: 

Since September 11, 2001, several statutes have been enacted into law 
designed to enhance the sharing of terrorism-related information among 
federal, state, local, and tribal agencies, and the federal government 
has developed related strategies, policies, and guidelines to meet its 
statutory obligations.[Footnote 14] Regarding border threats, the 9/11 
Commission Act contains several provisions that address the federal 
government's efforts to share information with state and local fusion 
centers that serve border communities.[Footnote 15] For example, the 
act provides for the Secretary of DHS to assign, to the maximum extent 
practicable, officers and intelligence analysts from DHS components--
including CBP and ICE--to state and local fusion centers participating 
in DHS's State, Local, and Regional Fusion Center Initiative, with 
priority given to fusion centers located along borders of the United 
States.[Footnote 16] The act provides that federal officers and 
analysts assigned to fusion centers in general are to assist law 
enforcement agencies in developing a comprehensive and accurate threat 
picture, and to create intelligence and other information products for 
dissemination to law enforcement agencies.[Footnote 17] In addition, 
federal officers and analysts assigned to fusion centers along the 
borders are to have, as a primary responsibility, the creation of 
border intelligence products that (1) assist state, local, and tribal 
law enforcement agencies in efficiently helping to detect terrorists 
and related contraband at U.S. borders; (2) promote consistent and 
timely sharing of border security-relevant information among 
jurisdictions along the nation's borders; and (3) enhance DHS's 
situational awareness of terrorist threats in border areas.[Footnote 
18] The act further directed the Secretary of DHS to create a mechanism 
for state, local, and tribal law enforcement officers to provide 
voluntary feedback to DHS on the quality and utility of the 
intelligence products developed under these provisions.[Footnote 19] 

Also, in October 2007, the President issued the National Strategy for 
Information Sharing. According to the strategy, an improved information 
sharing environment is to be constructed on a foundation of trusted 
partnerships at all levels of government, based on a shared commitment 
to detect, prevent, disrupt, preempt, and mitigate the effects of 
terrorism. The strategy identifies the federal government's information 
sharing responsibilities to include gathering and documenting the 
information that state, local, and tribal agencies need to enhance 
their situational awareness of terrorist threats and calls for 
authorities at all levels of government to work together to obtain a 
common understanding of the information needed to prevent, deter, and 
respond to terrorist attacks. Specifically, the strategy requires that 
state, local, and tribal law enforcement agencies have access to 
timely, credible, and actionable information and intelligence about 
individuals and organizations intending to carry out attacks within the 
United States; their organizations and their financing; potential 
targets; activities that could have a nexus to terrorism; and major 
events or circumstances that might influence state, local, and tribal 
actions. The strategy also recognizes that fusion centers are vital 
assets that are critical to sharing information related to terrorism, 
and will serve as primary focal points within the state and local 
environment for the receipt and sharing of terrorism-related 
information. 

Past GAO Work on Terrorism-Related Information Sharing Efforts: 

In October 2001, we reported on the importance of sharing information 
about terrorist threats, vulnerabilities, incidents, and lessons 
learned.[Footnote 20] Specifically, we identified best practices in 
building successful information sharing partnerships that could be 
applied to entities trying to develop the means of appropriately 
sharing information. Among the best practices we identified were (1) 
establishing trusted relationships with a wide variety of federal and 
nonfederal entities that may be in a position to provide potentially 
useful information and advice; (2) agreeing to mechanisms for sharing 
information, such as outreach meetings and task forces; and (3) 
institutionalizing roles to help ensure continuity and diminish 
reliance on a single individual. 

Since we designated terrorism-related information sharing a high-risk 
area in January 2005, we have continued to monitor federal information 
sharing efforts.[Footnote 21] Also, as part of this monitoring, in 
April 2008, we reported on our assessment of the status of fusion 
centers and how the federal government is supporting them. Our fusion 
center report and subsequent testimony highlighted continuing 
challenges--such as the centers' ability to access information and 
obtain funding--that DHS and DOJ needed to address to support the 
fusion centers' role in facilitating information sharing among federal, 
state, and local governments.[Footnote 22] We also recognized the need 
for the federal government to determine and articulate its long-term 
fusion center role and whether it expects to provide resources to help 
ensure their sustainability, and we made a recommendation to that 
effect to which DHS agreed. At the time of this review, DHS was in the 
process of implementing the recommendation. 

Most Local and Tribal Agencies in Border Communities We Contacted Found 
Information from Federal Partners Useful for Situational Awareness, but 
Adopting Further Measures Could Close Other Information Sharing Gaps: 

In general, local and tribal officials in the border communities we 
contacted who reported to us that they received information directly 
from the local office of Border Patrol, ICE, or the FBI said it was 
useful for enhancing their situational awareness of crimes along the 
border and potential terrorist threats. Overall, where information 
sharing among federal, local, and tribal agencies along the borders 
occurred, local and tribal officials generally said they had discussed 
their information needs with federal agencies in the vicinity and had 
established information sharing partnerships with related mechanisms to 
share information with federal officials--consistent with the National 
Strategy for Information Sharing--while the agencies that reported not 
receiving information from federal agencies generally said they had not 
discussed their needs and had not established partnerships. 

Local and Tribal Agencies We Contacted That Received Information from 
Their Federal Partners Found It Useful in Enhancing Their Situational 
Awareness of Border Crimes and Potential Terrorist Threats: 

Officials from three-quarters (15 of 20) of the local and tribal law 
enforcement agencies in the border communities we contacted said they 
received information directly from the local office of at least one 
federal agency (Border Patrol, ICE, or the FBI), and 9 of the 20 
reported receiving information from the local office of all three of 
these federal agencies. However, 5 of the 20 reported that they did not 
receive information from any of these three agencies, in part because 
information sharing partnerships and related mechanisms to share 
information did not exist. We discuss information sharing partnerships 
and other factors that affect information sharing between federal 
agencies and local and tribal agencies in border communities later in 
this report. Figure 1 shows the number of local and tribal agencies 
that reported receiving information directly from the local office of 
Border Patrol, ICE, and the FBI. 

Figure 1: Number of Local and Tribal Agencies We Contacted That 
Reported Receiving Information from Federal Agencies in Their Vicinity: 

[Refer to PDF for image: stacked vertical bar graph] 

Federal agency: Border Patrol; 
Local and tribal agencies reported receiving information: 14; 
Local and tribal agencies reported not receiving information: 6. 

Federal agency: ICE; 
Local and tribal agencies reported receiving information: 10; 
Local and tribal agencies reported not receiving information: 10. 

Federal agency: FBI; 
Local and tribal agencies reported receiving information: 13; 
Local and tribal agencies reported not receiving information: 7. 

Source: GAO analysis of interviews and other contacts with officials 
from local and tribal law enforcement agencies. 

[End of figure] 

Overall, the local and tribal law enforcement agencies we contacted 
that received information from federal agencies in the vicinity found 
it useful in enhancing their situational awareness of border crimes and 
potential terrorist threats. 

Border Patrol: 

Local and tribal law enforcement officials in 14 of 20 border 
communities we contacted said they received a range of information 
directly from local Border Patrol officials, including incident reports 
and alerts regarding specific individuals with potential links to 
criminal activity--such as illegal immigration and drug trafficking--as 
well as border-related threat assessments and reports of suspicious 
activity. According to the local and tribal officials, they received 
this information through direct outreach or visits, phone calls, and e-
mails, as well as through issued alerts and bulletins. Of the 14 local 
and tribal officials that reported receiving information from Border 
Patrol officials in the vicinity, 12 said it was useful and enhanced 
their situational awareness of criminal activities and potential 
terrorist threats along the border and 2 did not take a position when 
asked about the information's usefulness. For example, one tribal 
police department official reported that Border Patrol provides an area 
assessment that specifically targets the illicit smuggling of humans 
and contraband in and around the tribal lands, and depicted the threat 
posed by illegal activity occurring in the area. The official said that 
this assessment helped the department identify and emphasize those 
areas on which to focus. Local and tribal officials from the remaining 
6 border communities we contacted said they did not receive any 
information directly from Border Patrol officials in the vicinity, in 
part because information sharing partnerships and related mechanisms to 
share information did not exist. 

Border Patrol officials in the communities we visited said they shared 
information related to various types of crimes with their local and 
tribal partners, including information related to illegal immigration 
and drug trafficking. The officials said this information is shared 
primarily through established information sharing partnerships and 
related mechanisms, including joint border operations and task forces, 
such as Integrated Border Enforcement Teams.[Footnote 23] The officials 
noted that they generally did not have specific terrorism-related 
information to share with local and tribal agencies, but that the 
information they share is intended to enhance situational awareness of 
border crimes that terrorists could potentially exploit, such as 
illegal immigration. 

ICE: 

Local and tribal law enforcement officials in 10 of 20 border 
communities we contacted said they received information from ICE 
officials in the vicinity, including specific persons of interest they 
should be on the lookout for, as well as information on drug smuggling 
and drug cartel activities, human smuggling, and other crimes. The 
officials said such information is important because it provides 
information that is pertinent to their immediate area. These agencies 
reported receiving information by e-mail or in person, as well as 
through participation in task forces, such as Border Enforcement 
Security Task Forces.[Footnote 24] For example, in one southwest border 
location, law enforcement officials said that the department receives 
information about potential criminal activities in their jurisdiction 
from ICE based on joint investigations it has conducted with the 
agency. 

Of the 10 local and tribal officials that reported receiving 
information from local ICE officials, 8 said it was useful and enhanced 
their situational awareness of criminal activities and potential 
terrorist threats along the border and 2 did not take a position when 
asked about the information's usefulness. Officials from the remaining 
10 local and tribal agencies we contacted said they did not receive any 
information from local ICE officials, in part because information 
sharing partnerships and related mechanisms to share information did 
not exist. 

According to ICE headquarters officials, in addition to sharing 
information at the local level, ICE has significantly expanded its 
interaction with state, local, and tribal law enforcement officials 
through automated systems that allow these officials to access and 
search certain DHS and ICE law enforcement and investigative 
information.[Footnote 25] 

The FBI: 

Local and tribal law enforcement officials in 13 of 20 border locations 
we contacted said they received a range of information directly from 
local FBI officials, including intelligence assessments and bulletins, 
threat assessments and terrorism-related alerts, and information on 
criminal activity. Of the 13 local and tribal officials that reported 
receiving information from local FBI officials, 12 said it was useful 
and enhanced their situational awareness of potential terrorist threats 
along the border and 1 did not take a position when asked about the 
information's usefulness. Local and tribal officials in 7 of the 20 
border locations we contacted said they did not receive any information 
directly from local FBI officials, in part because information sharing 
partnerships and related mechanisms to share information did not exist. 

FBI officials in the border communities we visited said that they 
understood the desire of local and tribal law enforcement agencies to 
receive terrorism-related information that is specific to the border or 
to their geographic area in particular. However, the officials 
explained that in many cases, such information is classified, so the 
FBI can only share it with officials that have a need to know the 
information and have the requisite security clearances, as well as 
secure systems, networks, or facilities to safeguard the information. 
FBI officials also said that information related to ongoing 
investigations is generally only shared with local officials that 
participate in an FBI Joint Terrorism Task Force, since sharing the 
information outside the task force could jeopardize the investigations. 
Finally, the officials said that at times, terrorism-related 
information that is specific to the border simply may not exist. Local 
and tribal law enforcement officials we met with recognized that the 
FBI has limits on what it can share--including information that is 
classified--and said they had no intention of interfering with ongoing 
investigations. However, they also thought the FBI could better 
communicate when these limits were in effect and when the agency simply 
had no information to share. We discuss the importance of establishing 
information sharing partnerships to facilitate discussions between the 
parties and minimize expectation gaps later in this report. 

According to FBI officials at the locations we contacted, information 
that is not related to ongoing investigations is shared with local and 
tribal agencies through a variety of mechanisms, including task forces 
(e.g., Safe Trails Task Forces) and working groups; periodic outreach 
meetings the FBI conducts with local and tribal agencies to both share 
and solicit information; and through ongoing information sharing 
partnerships.[Footnote 26] FBI headquarters officials noted that each 
FBI field office--through its Field Intelligence Group--is to routinely 
assess the terrorism and criminal threats and risks in its geographic 
area of responsibility and report the results to FBI headquarters. 

The officials said that the assessments incorporate border-specific 
issues when appropriate, such as the illegal entry of possible 
terrorists, identification of human smuggling organizations, and the 
smuggling of weapons and other material which could be employed in 
terrorist attacks. However, the officials said that the results of the 
assessments are classified and are generally not shared with local and 
tribal officials, although in some cases selected information is 
declassified and distributed through alerts and bulletins. 

Further, according to FBI headquarters, much of the FBI's information 
sharing with other law enforcement entities occurs at the officer or 
investigator level, often without the specific knowledge of the state 
and local personnel we interviewed for this report. The FBI also 
emphasized that most Indian Reservations and tribal law enforcement 
agencies are located in remote areas of the United States--100 miles or 
more away from an FBI office--where information sharing between FBI 
agents and tribal law enforcement occurs on an ad hoc basis usually 
focused on investigations of crimes occurring on Indian reservations. 
We recognize that information sharing can occur at the officer or 
investigator level and on an ad hoc basis. However, as discussed later 
in this report, limiting information sharing to the officer and 
investigator level will not ensure that information sharing 
partnerships are established between agencies. Rather, discussions at 
senior levels--including the county sheriffs, local police chiefs, and 
tribal police chiefs we met with--could help ensure continuity in 
information sharing and diminish reliance on any one individual, which 
is a best practice in building successful information sharing 
partnerships.[Footnote 27] 

FBI headquarters also noted that in addition to sharing information 
directly with local and tribal officials in border communities, the FBI 
disseminates information to these officials through information 
systems--such as the FBI's Law Enforcement Online and eGuardian 
system[Footnote 28]--and the FBI's participation in state and local 
fusion centers and other interagency task forces and intelligence 
centers throughout the country (e.g., High Intensity Drug Trafficking 
Area Investigative Support Centers). The FBI noted that it is through 
these venues that the FBI also accomplishes its information sharing 
responsibilities to other federal, state, and local partners. 

More Fully Identifying Information Needs Could Help Federal Agencies in 
Border Communities Ensure That Local and Tribal Agencies Receive Useful 
Information: 

The National Strategy for Information Sharing identifies the federal 
government's information sharing responsibilities to include gathering 
and documenting the information that state, local, and tribal agencies 
need to enhance their situational awareness of terrorist threats. 
Figure 2 shows the number of the local and tribal agencies in the 
border communities we contacted that reported discussing their 
information needs with federal officials in the vicinity. 

Figure 2: Number of Local and Tribal Agencies We Contacted That 
Reported Discussing Their Information Needs with Federal Agencies in 
the Vicinity: 

[Refer to PDF for image: stacked vertical bar graph] 

Federal Agency: Border Patrol; 
Number of local and tribal agencies: Did not discuss information needs: 
7; 
Number of local and tribal agencies: Discussed information needs: 11; 
Number of local and tribal agencies: Did not report on information 
needs discussed: 2. 

Federal Agency: ICE; 
Number of local and tribal agencies: Did not discuss information needs: 
9; 
Number of local and tribal agencies: Discussed information needs: 9; 
Number of local and tribal agencies: Did not report on information 
needs discussed: 2. 

Federal Agency: FBI; 
Number of local and tribal agencies: Did not discuss information needs: 
11; 
Number of local and tribal agencies: Discussed information needs: 8; 
Number of local and tribal agencies: Did not report on information 
needs discussed: 1. 

Source: GAO analysis of interviews and other contacts with officials 
from local and tribal law enforcement agencies. 

[End of figure] 

Overall, where local and tribal law enforcement officials in border 
communities had discussed their information needs with federal 
officials in the vicinity, they also reported receiving useful 
information from the federal agencies that enhanced their situational 
awareness of border crimes and potential terrorist threats. 
Specifically: 

* Officials from 7 of the 11 localities that had discussed their 
information needs with Border Patrol officials in the vicinity also 
reported receiving useful information from them.[Footnote 29] 

* Officials from each of the 9 localities that had discussed their 
information needs with ICE officials in the vicinity reported receiving 
useful information from them. 

* Officials from each of the 8 localities that had discussed their 
information needs with FBI officials in the vicinity reported receiving 
useful information from them.[Footnote 30] 

Local and tribal officials in the border communities we contacted said 
they shared their information needs with federal officials through a 
variety of methods, including regularly scheduled meetings, periodic 
outreach performed by federal agencies, ad hoc meetings, and 
established working relationships. For example, one police chief along 
the southwest border said that he discussed his need for real-time 
information about border crimes that could affect his area with local 
federal agency officials. He noted that after he held these 
discussions, the federal officials took steps to provide his department 
with this type of information. 

Nevertheless, as shown in figure 2 above, officials from about one-half 
of the local and tribal agencies in the border communities we contacted 
reported that federal officials had not discussed information needs 
with them, as called for in the National Strategy for Information 
Sharing. Our discussions with local and tribal officials revealed that 
where the needs were not discussed, local and tribal agencies also were 
less likely to have received information from federal agencies than in 
the localities where needs were discussed. Specifically: 

* Officials from 4 of the 7 localities that had not discussed their 
information needs with Border Patrol officials in the vicinity also 
reported not receiving information from them, while the other 3 had 
received information from Border Patrol. 

* Officials from each of the 9 localities that had not discussed their 
information needs with ICE officials in the vicinity also reported not 
receiving information from them. 

* Officials from 7 of the 11 localities that had not discussed their 
information needs with FBI officials in the vicinity also reported not 
receiving information from them, while the other 4 reported receiving 
information from the FBI. 

While the data above show that federal agencies shared information with 
local and tribal officials in several cases where information needs had 
not been discussed, identifying these needs could better support 
federal agency efforts to provide local and tribal agencies with useful 
information that is relevant to their jurisdiction. 

A primary reason why federal agencies had not identified the 
information needs of local and tribal agencies in many of the border 
communities we visited was because the methods federal agencies used to 
solicit the needs, while effective for some localities, were not 
effective for others. Specifically, Border Patrol and ICE officials 
said that the information needs of these agencies were generally 
identified through outreach meetings or through working relationships 
with local and tribal law enforcement officers. Where these 
interactions did not exist, the federal agencies generally had not 
identified the information needs of local and tribal agencies. Also, 
according to a local police chief, while information needs may be 
discussed between local officers and federal agents on an ad hoc basis, 
his department cannot rely on these interactions to ensure that federal 
agencies have identified the overall information needs of the 
department. 

According to FBI headquarters officials, in developing field office 
area assessments, Field Intelligence Group personnel are required to 
gather information on terrorism and criminal threats and risks from 
local and tribal law enforcement agency officials, wherein the 
information needs of these agencies would be identified. FBI 
headquarters also noted that through outreach meetings and 
participation in task forces and working groups, FBI field offices 
continually evaluate the information needs of their local and tribal 
partners, as well as their own, and take actions to identify and fill 
any information gaps. Despite these efforts, less than one-half of the 
local and tribal agencies we contacted reported discussing their 
information needs with FBI officials in the vicinity. 

By more consistently and more fully identifying the information needs 
of local and tribal agencies in border communities, as called for in 
the National Strategy for Information Sharing, federal agencies could 
be better positioned to provide these local and tribal agencies with 
useful information that enhances their situational awareness of border 
crimes and potential terrorist threats. 

Most Local and Tribal Agencies We Contacted That Received Information 
from Federal Agencies in Their Localities Had Established or Were 
Developing Partnerships and Related Mechanisms That Facilitated 
Information Sharing: 

The National Strategy for Information Sharing recognizes that effective 
information sharing comes through strong partnerships among federal, 
local, and tribal partners. In addition, the current strategic plans of 
DHS and the FBI both acknowledge the need to establish information 
sharing partnerships with state, local, and tribal law enforcement 
agencies to help the agencies fulfill their missions, roles, and 
responsibilities. Figure 3 shows the number of local and tribal agency 
officials in the border communities we contacted that reported having 
established or were developing an information sharing partnership with 
Border Patrol, ICE, and the FBI officials in the vicinity. 

Figure 3: Number of Local and Tribal Agencies We Contacted That 
Reported Having or Were Developing an Information Sharing Partnership 
with Federal Agencies in the Vicinity: 

[Refer to PDF for image: stacked vertical bar graph] 

Federal Agency: Border Patrol; 
Number of local and tribal agencies: Reported not having an information 
sharing partnership: 5; 
Number of local and tribal agencies: Reported having or developing an 
information sharing partnership: 14; 
Number of local and tribal agencies: Did not comment: 1. 

Federal Agency: ICE; 
Number of local and tribal agencies: Reported not having an information 
sharing partnership: 7; 
Number of local and tribal agencies: Reported having or developing an 
information sharing partnership: 13; 
Number of local and tribal agencies: Did not comment: 0. 

Federal Agency: FBI; 
Number of local and tribal agencies: Reported not having an information 
sharing partnership: 9; 
Number of local and tribal agencies: Reported having or developing an 
information sharing partnership: 11; 
Number of local and tribal agencies: Did not comment: 0. 

Source: GAO analysis of interviews and other contacts with officials 
from local and tribal law enforcement agencies. 

[End of figure] 

Overall, where local and tribal law enforcement officials in border 
communities had established or were developing information sharing 
partnerships with federal officials in the vicinity, they also reported 
receiving information from the federal agencies that enhanced their 
situational awareness of border crimes and potential terrorist threats. 
Specifically: 

* Officials from 13 of the 14 localities that had or were developing an 
information sharing partnership with Border Patrol officials in the 
vicinity also reported receiving information from them.[Footnote 31] 

* Officials from 10 of 13 localities that had an information sharing 
partnership with ICE officials in the vicinity also reported receiving 
information from them, while the other 3 were not receiving information 
from ICE.[Footnote 32] 

* Officials from each of the 11 localities that had an information 
sharing partnership with FBI officials in the vicinity also reported 
receiving information from them. 

The local and tribal agencies that had developed partnerships with 
federal agencies in the vicinity had established a variety of 
mechanisms to share information, including regularly scheduled 
meetings, periodic outreach performed by federal agencies, ad hoc 
meetings, task forces and working groups, established working 
relationships, phone calls, e-mails, and issued alerts and bulletins. 
In some locations, Border Patrol and local law enforcement officials 
worked together in operational efforts that provided opportunities for 
federal and local officials to develop information sharing 
partnerships. For example, Operation Border Star in Texas--a state-led, 
multiagency effort focused on reducing crime, such as illegal 
immigration and drug trafficking, in targeted regions along the Texas-
Mexico border--draws resources from local law enforcement agencies, the 
Texas Department of Public Safety, and others to support Border Patrol. 
Also, in upstate New York, a county sheriff's department conducted 
joint patrols with Border Patrol, which extended into Canada. The 
patrols are designed to prevent the illegal entry of individuals into 
the United States and the smuggling of contraband. These operations 
provide an opportunity for officers from all of the agencies to work 
together and facilitate information sharing. 

Most of the local and tribal officials that had developed information 
sharing partnerships with ICE officials reported establishing them 
through personal contacts made either while working on various task 
forces alongside ICE personnel or between agents and officers in both 
agencies. For example, one tribal police chief said that his department 
has a memorandum of understanding with ICE, which allows the tribal 
police to perform certain ICE duties in the enforcement of customs laws 
and facilitates information sharing between the agencies. 

Nevertheless, as shown in figure 3 above, officials from several local 
and tribal agencies in the border communities we contacted reported 
that they had not established information sharing partnerships with 
Border Patrol, ICE, or FBI officials in the vicinity. Where 
partnerships were not established, local and tribal agencies also were 
less likely to have received information from federal agencies than in 
the localities where partnerships were established. Specifically: 

* Officials from each of the 5 localities that did not have an 
information sharing partnership with local Border Patrol officials in 
the vicinity also reported they had not received information from them. 

* Officials from each of the 7 localities that did not have an 
information sharing partnership with ICE officials in the vicinity also 
reported they had not received information from them. 

* Officials from 7 of the 9 localities that said they did not have an 
information sharing partnership with FBI officials also reported they 
had not received information from them FBI. 

The local and tribal officials that did not have a partnership with 
federal officials and were not receiving information said that 
effective mechanisms for sharing information--a best practice in 
building successful information sharing partnerships--had not been 
established. One reason why the officials said established mechanisms 
were not effective was because they did not have enough resources or 
funding to participate in the regular meetings or forums that Border 
Patrol, ICE, and FBI officials in the vicinity used to share 
information, establish face-to-face contact, and build trusting 
relationships. For example, an official from one local police 
department said he was aware of Border Patrol's efforts to share 
information through such meetings, but the department did not have the 
resources needed to participate, since doing so would leave the office 
short one out of eight patrol officers. Officials at another location 
said they no longer received invitations to Border Patrol meetings. 

Similarly, local and tribal officials in other localities said they did 
not have enough resources to send individuals to participate in 
outreach meetings that FBI officials said were used to share 
information, because in some cases the meetings were held more than 100 
miles away. A local county sheriff also said that the FBI's meetings 
were initially productive but interest faded because of the lack of 
useful information that was shared during the meetings. An FBI official 
from another locality noted that FBI officials are sometimes limited in 
what they can discuss during these meetings if the local and tribal 
representatives in attendance do not have the appropriate security 
clearances or do not have a need to know about the information. These 
examples illustrate the importance of establishing partnerships to 
facilitate discussions between the parties and minimize expectation 
gaps regarding the availability of and limits in sharing information. 

Border Patrol, ICE, and FBI officials also said that information is 
shared with local and tribal agencies through multiagency task forces, 
such as ICE Border Enforcement Security Task Forces and FBI Joint 
Terrorism Task Forces. However, local and tribal officials--especially 
those in small departments in rural border communities--said these 
mechanisms to share information were not effective for them, because 
they did not have enough resources to dedicate personnel to the task 
forces. 

Police chiefs and other senior local and tribal officials recognized 
that ad hoc discussions between officers and investigators are also 
mechanisms federal agencies in the vicinity use to share information 
with local and tribal agencies. The officials noted, however, that 
limiting information sharing to the officer and investigator level is 
not sufficient to ensure that senior-level department officials are 
aware of the information, which in turn could be disseminated to other 
personnel within the department. For example, a police chief in a local 
community along the southwest border said that he does not need the FBI 
to brief his entire department, but the FBI should at least brief the 
police chief. Best practices in building information sharing 
partnerships call for institutionalizing information sharing through 
discussions at senior levels to ensure continuity in sharing and 
diminishing the reliance on single individuals. 

We recognize that developing and maintaining information sharing 
partnerships with the numerous local and tribal law enforcement 
agencies along the borders is a significant challenge, and that Border 
Patrol, ICE, and the FBI have made progress in this area. However, 
additional efforts by these federal agencies to periodically assess the 
extent to which partnerships and related mechanisms to share 
information exist, fill gaps, and address barriers to establishing such 
partnerships and mechanisms, could help ensure that information is 
shared with local and tribal law enforcement agencies that enhances 
their situational awareness of border crimes and potential terrorist 
threats. 

Federal Agencies Are Supporting Some Fusion Center Efforts to Develop 
Border Intelligence Products, but Additional DHS Personnel and Other 
Measures Could Strengthen Future Efforts: 

Federal agencies at two of the five fusion centers we visited were 
supporting fusion center efforts to develop border intelligence 
products that enhanced local and tribal agencies' situational awareness 
of border crimes and potential terrorist threats. DHS recognizes that 
it needs to add personnel to fusion centers in border states to support 
the creation of such products, and is developing related plans, but 
cited funding issues and competing priorities as barriers to deploying 
such personnel. Further, additional DHS and FBI actions to (1) identify 
and market promising practices from fusion centers that develop border 
intelligence products and (2) obtain feedback from local and tribal 
officials on the utility and quality of the products and use the 
feedback to improve those products would strengthen future fusion 
center efforts to develop such products. 

DHS and FBI Personnel at Two of the Five Fusion Centers We Visited Were 
Supporting Efforts to Develop Border Intelligence Products to Enhance 
Local and Tribal Agencies' Situational Awareness of Border Crimes and 
Potential Terrorist Threats: 

Federal personnel at two of the five fusion centers we visited--the 
Arizona Counterterrorism Information Center and the New York State 
Intelligence Center--were routinely contributing to border 
intelligence products that were designed to enhance local and tribal 
law enforcement agencies' situational awareness of border crimes and 
potential terrorist threats. Fusion center officials in these states 
emphasized that the physical presence of federal personnel at the 
fusion center--including intelligence analysts from I&A, Border Patrol, 
ICE, and the FBI--was critical to developing the border products, in 
part because their presence facilitated regular meetings with center 
personnel and access to federal information systems. 

According to local and tribal officials in the border communities we 
contacted in Arizona and New York, the border intelligence products 
they received generally enhanced their situational awareness of border-
related crimes that could have a nexus to terrorism, such as drug 
trafficking and illegal immigration. However, the border products 
usually did not contain terrorism-related information that was specific 
to the border because such information did not exist or a link between 
a border crime and terrorism had not been established, according to 
fusion center officials. The two fusion centers also routinely 
generated terrorism information products that were provided to local 
and tribal agencies throughout the state to enhance their situational 
awareness of terrorist threats. Officials from the two fusion centers 
said that any terrorism-related information that is specific to the 
border would be included in both the border product and terrorism 
product. Below is additional information about the border intelligence 
products developed by the two fusion centers: 

* Arizona Counterterrorism Information Center: The center issues a 
border-specific product (the "Situational Awareness Bulletin") twice a 
week with input from the state's Department of Public Safety and 
numerous federal agencies, including DHS's I&A, Border Patrol, and ICE, 
and the FBI. The center initiated the bulletin in 2008 to enhance the 
situational awareness of local law enforcement officials along the 
Arizona border as drug-related violence on the Mexican side of the 
border increased. The bulletin now provides information about all types 
of crimes occurring in the vicinity of the border, as well as incidents 
from around the country and around the world. Topics have included 
immigration issues, burglaries at public safety offices, suspicious 
activities around critical infrastructure, stolen military uniforms, 
and stolen blank vehicle certificates of title. 

* New York State Intelligence Center: The center's Border Intelligence 
Unit issues a border-specific report quarterly with input from the New 
York State Police and numerous federal agencies, including DHS's I&A, 
Border Patrol, and ICE, and the FBI. The report is intended to compile 
information on all types of crimes along the entire border between New 
York and Canada into one product for the convenience of local and 
tribal law enforcement agencies. This report covers crimes--such as 
illegal immigration and drug trafficking--and includes the results of 
joint federal and state operations conducted along the border. The 
report also contains news and updates on policies related to border 
security. According to center officials, the report grew out of 
recognition that various federal component agencies have offices that 
cover the border territory and could, therefore, collectively provide 
consistent intelligence information that would be helpful in enhancing 
the situational awareness of law enforcement agencies in border 
communities throughout the state. The Border Intelligence Unit also 
issues bulletins with actionable information on border-related crimes 
on an as-needed basis. 

In addition to the benefits that officials from the two fusion centers 
cited from having on-site input and collaboration from representatives 
of three DHS components, the FBI, and other agencies, the majority of 
local and tribal agencies in the border communities we contacted found 
the border intelligence products to be useful. Specifically, six of the 
seven local and tribal law enforcement agencies we contacted in Arizona 
and New York were receiving border intelligence products from the 
fusion center in their state and all six found that the products were 
useful or met their information needs. For example, one local law 
enforcement official said that his agency receives the quarterly border 
report developed by the New York fusion center and that he finds it 
useful as it sometimes contains issues directly related to his 
jurisdiction. The remaining locality did not comment on why the 
products were not received. 

According to officials from the other three fusion centers we visited, 
the presence of additional federal personnel would support their 
efforts to develop border intelligence products that help to provide 
local and tribal law enforcement agencies along the borders with 
situational awareness of potential terrorist threats. For example: 

* Washington Fusion Center: The Washington state fusion center is 
colocated with the local Joint Terrorism Task Force, which facilitates 
access to FBI information, and has representatives from DHS's I&A and 
ICE. According to Border Patrol headquarters officials, as of August 
2009, the agency was in the process of assigning a full-time 
representative to the fusion center. The fusion center director noted 
that this official, once integrated into the center's report 
development process, would contribute greatly towards producing a 
border intelligence product. The fusion center director added that the 
border intelligence product would focus on all border crime issues, 
including any suspected terrorist activity. 

* Montana All Threat Intelligence Center: The Montana All Threat 
Intelligence Center is colocated with the local Joint Terrorism Task 
Force, which facilitates access to FBI information. According to the 
fusion center director, a CBP analyst has supported the center part-
time, though most of the time that person is working at the CBP office 
located 90 miles away. In August 2009, Border Patrol headquarters 
officials said that a full-time representative had been assigned to the 
fusion center. The fusion center director said that he expected an 
analyst from I&A to be assigned to the fusion center, but was unsure 
when that would happen. According to the director, additional federal 
personnel and their ability to analyze border-related information would 
enhance the fusion center's efforts to routinely produce a border 
intelligence product. 

* Texas Intelligence Center: The Texas Intelligence Center is located 
within the Texas Department of Public Safety, and currently has 
representatives from I&A, ICE, and the FBI. Although the center 
prepares and disseminates a number of products, including a daily brief 
covering, among other issues, significant arrests, seizures and 
homeland security, it does not prepare an intelligence product that 
focuses on border issues. Officials at the center said that the state's 
Border Security Operations Teams located along the border distribute 
information on border security issues to local and tribal agencies. 
According to the officials, the center will consider developing a 
border intelligence product once personnel from other appropriate 
agencies, such as Border Patrol, are in place at the fusion center. 

DHS Plans to Deploy Additional DHS Personnel to Support Fusion Center 
Efforts to Develop Border Intelligence Products, but Cited Funding 
Issues and Competing Priorities as Barriers: 

The director of I&A's State and Local Fusion Center Program Management 
Office--the office responsible for managing the relationship between 
I&A and fusion centers--acknowledged the value of having personnel from 
DHS components physically present at fusion centers, not only for state 
and local law enforcement but for federal agencies as well. The 
director noted that deploying DHS analysts to fusion centers is 
critical to developing trusted partnerships, which in turn will 
facilitate collaboration and information sharing among federal, state, 
local, and tribal officials. But to date, the director explained that 
the office has not received the funding needed to deploy the personnel 
to other centers and has other competing priorities. 

DHS has had a plan for deploying personnel from its component agencies 
to fusion centers since June 2006, when the DHS Secretary signed the 
Support Implementation Plan for State and Local Fusion Centers. The 
plan calls for embedding DHS personnel with access to information, 
technology, and training in fusion centers to form the basis of a 
nationwide homeland security information network for collaboration and 
information sharing. According to the director of I&A's State and Local 
Fusion Center Program Management Office, in part because of limited 
resources, the department is taking a risk-based approach to 
determining where to deploy officers and analysts. As such, the 
department considers several factors in addition to available funding, 
including population density, the number of critical infrastructure 
facilities, and the results of fusion center assessments the office 
conducts to determine the readiness of the center to use the 
department's resources. Senior I&A officials noted that the department 
places some priority on deploying DHS personnel to state and local 
fusion centers located in border states, but that other factors also 
have to be considered under the department's risk-based approach. 

According to DHS, as of September 2009, I&A had deployed 41 
intelligence analysts to state, local, and regional fusion centers. DHS 
plans to have a total of about 70 I&A analysts at fusion centers by the 
end of fiscal year 2010 and an equal number of officers and analysts 
from DHS component agencies (e.g., Border Patrol and ICE). Figure 4 
shows DHS personnel that were assigned to fusion centers in the 14 land 
border states as of August 2009. 

Figure 4: DHS Personnel Assigned to Land Border State Fusion Centers, 
August 2009: 

[Refer to PDF for image: illustrated map of the U.S.] 

State: Arizona; 
DHS personnel assigned to DHS Components: 
I&A; 
CBP; 
ICE. 

State: California; 
DHS personnel assigned to DHS Components: 
I&A; 
CBP; 
ICE. 

State: Michigan; 
DHS personnel assigned to DHS Components: 
I&A; 
CBP. 

State: Minnesota; 
DHS personnel assigned to DHS Components: 
I&A; 
CBP. 

State: Montana; 
DHS personnel assigned to DHS Components: 
CBP. 

State: New York; 
DHS personnel assigned to DHS Components: 
I&A; 
CBP; 
ICE. 

State: North Dakota; 
DHS personnel assigned to DHS Components: 
CBP. 

State: Texas; 
DHS personnel assigned to DHS Components: 
I&A; 
ICE. 

State: Vermont; 
DHS personnel assigned to DHS Components: 
CBP. 

State: Washington; 
DHS personnel assigned to DHS Components: 
I&A; 
ICE. 

Source: GAO analysis of DHS data and Art Explosion. 

[End of figure] 

According to CBP headquarters officials, the agency has only a limited 
number of Border Patrol intelligence analysts, and is currently working 
with I&A to identify priority fusion centers. Officials from ICE's 
Office of Intelligence also said that the agency is working with I&A to 
develop a strategy to enhance ICE participation at state and local 
fusion centers. Further, although the 9/11 Commission Act included an 
authorization for $10 million for each of the fiscal years 2008 through 
2012 for DHS to carry out the State, Local, and Regional Fusion Center 
Initiative--including the assignment of CBP, ICE, and other DHS 
stakeholder personnel to fusion centers--DHS did not specifically 
request funding for the initiative and no funds were appropriated for 
fiscal years 2008 or 2009 for this specific purpose. Rather, for fiscal 
years 2008 and 2009, DHS reprogrammed funds from other activities to 
support the fusion center initiative. According to the director of 
I&A's State and Local Fusion Center Program Management Office, DHS 
requested funding for the initiative in its fiscal year 2010 budget. 

Although the 9/11 Commission Act did not address FBI participation at 
fusion centers, FBI intelligence analysts and special agents were 
dedicated to fusion centers in 8 of the 14 land border states as of 
September 2009, in addition to FBI personnel at Joint Terrorism Task 
Forces or Field Intelligence Groups that were colocated with these 
fusion centers. The FBI noted that it has committed millions of dollars 
over the years to ensure that its classified computer system and other 
databases and equipment were deployed to support FBI personnel assigned 
on a full-or part-time basis to fusion centers. According to the FBI, 
the bureau has worked with DHS to develop uniform construction 
standards and security protocols specifically designed to facilitate 
the introduction of federal classified computer systems in fusion 
centers. Further, the FBI noted that it has deployed the eGuardian 
system--an unclassified counterterrorism tool--to fusion centers and 
other entities. 

Identifying and Sharing Promising Practices from Fusion Centers That 
Develop Border Intelligence Products and Soliciting Feedback on Their 
Usefulness Would Support Other Fusion Center Efforts to Develop Such 
Products: 

The creation of border intelligence products--such as those developed 
by the Arizona and New York fusion centers--represent potential 
approaches that other border state fusion centers could use to target 
products for local and tribal law enforcement agencies in border 
communities. I&A has a framework in place to identify and collect 
promising practices at fusion centers nationwide, as called for in the 
department's March 2006 Support Implementation Plan for State and Local 
Fusion Centers and the December 2008 Interaction with State and Local 
Fusion Center Concept of Operations. Specifically, the implementation 
plan for fusion centers recommended that rigorous processes be used to 
identify, review, and share information regarding promising practices 
and lessons learned. Consistent with that recommendation, the concept 
of operations identifies leveraging promising practices for information 
sharing and revising existing processes when necessary and advisable as 
one of the guiding principles of interaction with fusion centers. 

However, as of July 2009, I&A had not yet identified or explored 
promising practices related to fusion center efforts to develop border 
intelligence products. According to the director of I&A's Border 
Security Division, such analysis has potential value but has not yet 
occurred because the division has been focusing on developing its own 
products and providing other support to fusion centers.[Footnote 33] 
While it is understandable that I&A would focus on its own activities, 
DHS could benefit from identifying promising practices related to 
fusion center border intelligence products because of the importance 
the federal government places on fusion centers to facilitate the 
sharing of information. By identifying such practices, DHS would be 
better positioned to leverage existing resources and help ensure that 
local and tribal agencies in border communities receive information 
that enhances their situational awareness of potential terrorist 
threats. 

Also, DHS had not obtained feedback on the utility and quality of the 
border intelligence products that its analysts in fusion centers have 
helped to develop. The 9/11 Commission Act requires DHS to (1) create a 
voluntary feedback mechanism for state, local, and tribal law 
enforcement officers and other consumers of the intelligence and 
information products developed by DHS personnel assigned to fusion 
centers under the act and (2) provide annual reports to committees of 
Congress describing the consumer feedback obtained and, if applicable, 
how the department has adjusted its own production of intelligence 
products in response to that consumer feedback.[Footnote 34] However, 
DHS's December 2008 and August 2009 reports to Congress did not 
describe the feedback obtained on the intelligence products that its 
analysts in fusion centers helped to produce--including border 
intelligence products--or adjustments made in response to the feedback. 

DHS recognizes that it needs to take additional actions to obtain 
feedback from local and tribal law enforcement officers who are 
consumers of the intelligence products that I&A produces. For example, 
in mid-2009, I&A hired a contractor to initiate feedback pilot 
projects, including one currently underway to evaluate and implement 
processes for gathering and evaluating feedback responses. However, 
these projects are designed to solicit feedback on products developed 
by I&A and do not specifically include products that DHS personnel in 
fusion centers help to develop, including border intelligence products. 
Therefore, these projects may not support I&A efforts to obtain 
feedback under the 9/11 Commission Act on products that DHS personnel 
in fusion centers help to develop. 

DHS's August 2009 report to Congress generally illustrates the value in 
obtaining feedback on intelligence products. For example, in one 
instance, the report notes that a state fusion center expressed 
concerns that the perspectives of three southwest border state fusion 
centers were not included in an assessment that I&A headquarters 
produced on border violence. The feedback resulted in teleconferences 
and other I&A actions to ensure that state and local perspectives are 
included in future assessments of border violence. Similarly, obtaining 
feedback on the border intelligence products that DHS analysts in 
fusion centers help to produce would support other fusion center 
efforts to develop such products and the department's efforts to adjust 
its own production of intelligence products in response to that 
consumer feedback. 

The two fusion centers we contacted that were creating border 
intelligence products with the support of DHS personnel (Arizona and 
New York) had established their own mechanisms for obtaining feedback 
from local and tribal consumers of the products. Specifically, the 
fusion centers attached feedback forms to the border products, but have 
received low response rates, according to center officials. As a 
result, the fusion centers took other actions to solicit feedback on 
the border products, such as through direct outreach with local and 
tribal consumers of the information. Officials from both fusion centers 
said that the feedback has generally been positive and that the border 
products have been modified in response to this feedback. According to 
the officials, since these products are developed by the fusion 
centers, the centers do not routinely provide related feedback to DHS 
on the value of the contributions of its staff and intelligence input. 
However, the fusion centers' efforts to obtain feedback on the border 
intelligence products--in addition to using feedback forms--
demonstrate the feasibility of DHS taking additional actions to collect 
feedback on the products and report its findings to congressional 
committees under the 9/11 Commission Act. DHS agrees that it could take 
additional actions to collect this feedback, which could be done as 
part of the department's ongoing feedback pilot projects. 

By working with fusion centers to obtain feedback on the border 
intelligence products developed, DHS could better support fusion center 
efforts to maintain and improve the utility and quality of information 
provided to local and tribal law enforcement agencies along the 
borders. This information could also be useful to I&A in modifying its 
own border intelligence products to better meet the needs of fusion 
centers, assist the department in making decisions on how to best 
utilize its limited resources at fusion centers, and be responsive to 
its statutory reporting requirements. 

Local and Tribal Agencies in Border Communities We Contacted Could 
Better Support National Counterterrorism Efforts If They Were More 
Aware of the Suspicious Activities They Are to Report: 

Detecting the warning signs of potential terrorist activities and 
sharing the information with the proper agencies provides an 
opportunity to prevent a terrorist attack. However, most of the local 
and tribal officials in the border communities we contacted did not 
clearly know what suspicious activities federal agencies and fusion 
centers wanted them to report, how to report them, or to whom. The 
federal government is working with state and local entities to develop 
a standardized suspicious activity reporting process that, when 
implemented, could help address these issues. In the meantime, 
providing local and tribal officials with suspicious activity 
indicators that are associated with criminal activity along the borders 
could assist the officials in identifying potential terrorist threats. 

Most Local and Tribal Agencies in Border Communities We Contacted Did 
Not Know What Suspicious Activities Federal Agencies and Fusion Centers 
Wanted Them to Report or How to Report Them: 

According to an October 2008 intergovernmental report on suspicious 
activities, fundamental to local and tribal law enforcement agencies' 
efforts to detect and mitigate potential terrorist threats is ensuring 
that front-line personnel recognize and have the ability to document 
behaviors and incidents indicative of criminal activity associated with 
international terrorism.[Footnote 35] Unlike behaviors, activities, or 
situations that are clearly criminal in nature--such as car thefts, 
burglaries, or assaults--suspicious activity reporting involves 
suspicious behaviors that have been associated with terrorist 
activities in the past and may be predictive of future threats to 
public safety. Examples include surveillance, photographing of 
facilities, site breaches or physical intrusion, cyber attacks, and the 
probing of security. 

To varying degrees, federal agencies and fusion centers provided local 
and tribal agencies in the border communities we contacted with alerts, 
warnings, and other information that enhanced the local and tribal 
agencies' situational awareness of potential terrorist threats. As an 
additional tool, the FBI and fusion centers in two of the five states 
we contacted had developed lists of suspicious activities--in the form 
of reference cards or brochures--to help local and tribal agencies 
determine what behaviors, activities, or situations are indicators of 
potential terrorist activities and should be reported for further 
analysis. However, officials from 13 of the 20 local and tribal 
agencies we contacted said they did not recall being provided with a 
list of the suspicious activities or indicators that rise to the level 
of potential terrorist threats and should be reported, while officials 
from 7 of the 20 agencies said they had received such indicators from 
either the FBI, the state fusion center, or another entity. According 
to the October 2008 intergovernmental report on suspicious activities, 
local law enforcement agencies are critical to efforts to protect local 
communities from another terrorist attack. The report also notes that 
to effectively conduct these duties, it is critical that the federal 
government ensure that local law enforcement personnel can recognize 
and have the ability to document behaviors and incidents indicative of 
criminal activity associated with domestic and international terrorism. 

While federal agencies and fusion centers had taken steps to 
disseminate or discuss terrorism-related indicators with local and 
tribal officials--such as through mass mailings and during outreach 
meetings and law enforcement conferences--these actions did not ensure 
that local and tribal agencies were aware of them, in part because the 
mechanisms used to share information were not always effective, as 
discussed earlier in this report. As a result of not being aware of the 
suspicious activity indicators, local officials in three border 
communities we contacted said they did not clearly know what 
information federal agencies and fusion centers wanted them to collect 
and report. Increased awareness of these indicators would better 
position local and tribal agencies along the border to identify and 
report behaviors and incidents indicative of criminal activity 
associated with terrorism. 

Also, in about half of the border communities we contacted, local and 
tribal agency officials were not aware of the specific processes they 
were to use to report terrorism-related suspicious activities or to 
whom this information should be reported because federal agencies had 
not yet defined such processes. Absent defined processes, the local and 
tribal officials had independently developed policies and procedures 
for gathering and reporting suspicious activities and they provided 
varying responses regarding how and to whom they would submit 
suspicious activities that may have a nexus to terrorism. Responses 
included reporting suspicious activities to a fusion center, the FBI, 
or another federal agency. Several local and tribal officials we 
contacted said they would report this information to the local federal 
official--e.g., Border Patrol, ICE, or the FBI--with whom they had 
developed a relationship. By defining reporting processes, federal, 
local, and tribal agencies would be in a better position to conduct 
more efficient collection and analysis of suspicious activities and 
share the results on a regional or national basis. Also, internal 
control standards call for management to ensure that there are adequate 
processes for communicating with and obtaining information from 
external stakeholders that may have a significant effect on the agency 
achieving its goals and that information should be recorded and 
communicated to the entities who need it in a form and within a time 
frame that enables them to carry out their responsibilities.[Footnote 
36] 

At the national level, the federal government is working with state and 
local law enforcement entities on the National Suspicious Activity 
Reporting Initiative to standardize the reporting of suspicious 
activities that may be related to terrorism.[Footnote 37] The long-term 
goal of the initiative is to develop and implement consistent national 
policies, processes, and best practices by employing a standardized, 
integrated approach to gathering, documenting, processing, analyzing, 
and sharing information about suspicious activity that is potentially 
related to terrorism. One of the immediate goals of the initiative is 
to help ensure that suspicious activity reports with a potential 
connection to terrorism are expeditiously provided by local and tribal 
law enforcement agencies to the FBI. As of September 2009, related 
pilot projects were ongoing at fusion centers in 12 major cities. 
According to the DOJ official who is overseeing the initiative, an 
evaluation of the pilots will be completed by late 2009, but fully 
implementing the initiative across the country could take up to 2 
years. 

Until the National Suspicious Activity Reporting Initiative is fully 
implemented, additional federal agency efforts to establish defined 
processes for local and tribal officials in border communities to 
report suspicious activities could help ensure that information is 
collected and shared with the most appropriate entity. 

Suspicious Activity Indicators That Are Associated with Criminal 
Activity along the Borders Could Assist Local and Tribal Officials in 
Identifying Potential Terrorist Threats: 

According to the director of I&A's Border Security Division, senior 
intelligence officials at fusion centers in two of the five border 
states we contacted, and other subject matter experts--including 
federal and state officials who were involved in developing suspicious 
activity indicators for local and tribal agencies in border 
communities--the suspicious activity indicators could be more useful if 
they also contained terrorism-related behaviors, activities, or 
situations that were more applicable to the border or border crimes and 
were periodically updated to reflect current threats. Officials from 
three of the local law enforcement agencies we contacted also suggested 
that border-specific indicators would help them link potential 
terrorism-related activities to crimes they are more likely to 
encounter along the border, such as illegal immigration and currency 
smuggling. However, our review of the suspicious activity indicators 
being utilized by the National Suspicious Activity Reporting Initiative 
and those that were developed by the FBI and fusion centers generally 
did not include indicators that were specific to the border. 

According to the DOJ official who was overseeing the implementation of 
the national initiative, the primary suspicious activity indicators 
that were validated by the law enforcement and intelligence community 
for use in the major city pilot projects were designed to be general 
and applicable to local and tribal officials located anywhere in the 
country. The official noted that the automated system that is being 
used by law enforcement agencies to record the suspicious activities 
during the pilot projects was designed to accommodate "sub-lists" that 
contain indicators that are applicable to specific sectors, such as the 
critical infrastructure sector. The official said that there was not a 
sub-list for border-specific indicators, but that he saw the potential 
for developing such a list. The official said that I&A would be the 
entity with the requisite expertise for developing such a list. 

In April 2009, I&A deployed an intelligence analyst from its Border 
Security Division to DHS's Homeland Security Intelligence Support Team 
to develop terrorism indicators that are specific to the southwest 
border.[Footnote 38] According to the director of the Border Security 
Division, the analyst is looking for trends and patterns in terrorism-
related incident reports that are generated by local and tribal law 
enforcement officials along the southwest border. The director said 
that I&A has not yet determined a final date for developing the 
suspicious activity indicators since there is a lot of information that 
has to be analyzed. The official noted that I&A is considering 
deploying another intelligence analyst to the northern border to 
perform similar analyses. 

According to the director of I&A's Border Security Division, in his 
former position as a border analyst in the intelligence community, he 
worked with CBP and ICE to develop border-related indicators that were 
potential precursors to terrorist activities. The official noted the 
importance of periodically updating and consistently disseminating 
these indicators of terrorism-related behaviors, activities, or 
situations that reflect current border threats. According to Border 
Patrol and ICE headquarters and field personnel, neither agency had 
developed suspicious activity indicators that were specific to the 
borders. 

Additional DHS and FBI actions to develop, periodically update, and 
consistently disseminate indicators of terrorism-related activities 
that focus on border threats could help to maximize the utility of 
suspicious activity indicators as a counterterrorism tool in border 
communities. 

Conclusions: 

As discussed in the National Strategy for Information Sharing, state, 
local, and tribal government officials are critical to our nation's 
efforts to prevent future terrorist attacks. Because these officials 
are often in the best position to identify potential threats that exist 
within their jurisdictions, they must be partners in information 
sharing that enhances situational awareness of border crimes and 
potential terrorist threats. In border communities, this partnership is 
particularly important because of the vulnerability to a range of 
criminal activity that exists along our nation's borders. Therefore, a 
more robust effort by federal agencies to identify the information 
needs of local and tribal law enforcement agencies along the borders 
and periodically assess the extent to which partnerships exist and 
related mechanisms to share information are working--and fill gaps and 
address barriers where needed--could better enable federal agencies to 
provide useful information to their local and tribal partners that 
enhances situational awareness. 

The work of state-run fusion centers is also critical to the nation's 
efforts to prevent terrorist attacks. Fusion centers in the border 
states we visited demonstrated a range of practices related to 
developing border intelligence products that could serve as a model for 
other fusion centers. By identifying and sharing these promising 
practices, DHS and the FBI could help strengthen the work of fusion 
centers nationally in addition to enhancing situational awareness of 
local and tribal law enforcement. Also, by working with the centers to 
obtain feedback on border intelligence products, DHS and the FBI could 
enhance the utility of those products that fusion centers share with 
local and tribal law enforcement agencies. 

Finally, until a national suspicious activity reporting process is in 
place, more consistently providing local and tribal officials in border 
communities with information on the suspicious terrorism-related 
activities they should report--including those related to border 
threats--and establishing processes for reporting this information 
could help ensure that critical information is reported and reaches the 
most appropriate agency to take action. 

Recommendations for Executive Action: 

To help ensure that local and tribal law enforcement agencies in border 
communities receive information from local federal agencies that 
enhances their situational awareness of border crimes and potential 
terrorist threats, we recommend that the Secretary of Homeland Security 
and Director of the FBI, as applicable, require Border Patrol, ICE, and 
FBI offices in border communities to take the following two actions: 
(1) more consistently and fully identify the local and tribal agencies' 
information needs and (2) periodically assess the extent to which 
partnerships and related mechanisms to share information exist, fill 
gaps as appropriate, and address barriers to establishing such 
partnerships and mechanisms. 

To promote future efforts to develop border intelligence products 
within fusion centers, we recommend that the Secretary of Homeland 
Security and the Director of the FBI collaborate with fusion centers to 
take the following two actions: (1) identify and market promising 
practices used to prepare these products and (2) take additional 
actions to solicit feedback from local and tribal officials in border 
communities on the utility and quality of the products generated. 

To maximize the utility of suspicious activity indicators as a 
counterterrorism tool, we recommend that the Secretary of Homeland 
Security and the Director of the FBI collaborate with fusion centers to 
take the following two actions: (1) take steps to ensure that local and 
tribal law enforcement agencies in border communities are aware of the 
specific types of suspicious activities related to terrorism that they 
are to report and the process through which they should report this 
information and (2) consider developing, periodically updating, and 
consistently disseminating indicators of terrorism-related activities 
that focus on border threats. 

Agency Comments and Our Evaluation: 

On November 10, 2009, we provided a draft of this report to DHS and DOJ 
for comment. In its written response, DHS noted that CBP, ICE, and I&A 
are continuing and expanding efforts to share information. DHS agreed 
with all of our recommendations in this report. 

Specifically, DHS agreed with our recommendation related to the need 
for Border Patrol and ICE to (1) more fully identify the information 
needs of local and tribal agencies along the borders and (2) 
periodically assess the extent to which partnerships and related 
mechanisms to share information exist. For example, CBP agreed that a 
systematic and standardized process to disseminate information and 
receive feedback is vital to situational awareness for local and tribal 
law enforcement partners who are within the immediate areas adjacent to 
the border. CBP noted that Border Patrol plans to develop a list of 
individuals who will serve as liaisons to local and tribal agencies and 
also develop a list of local and tribal contacts. According to CBP, the 
Border Patrol liaisons will then make initial efforts to assess the 
information needs of the law enforcement partners and take other 
actions to determine and publish guidance on information sharing. To 
ensure that information shared is useful, Border Patrol plans to 
conduct annual surveys of its partners. Border Patrol envisions that 
this standardized process will be in place by the end of fiscal year 
2010. When implemented, the Border Patrol's actions should meet the 
intent of our recommendation. ICE also agreed with the recommendation 
and plans to work with CBP and the FBI to enhance local and tribal law 
enforcement agencies' situational awareness, but ICE did not provide 
details on the specific actions it will take. I&A provided, or 
otherwise highlighted, additional information on the current status of 
information sharing among federal, state, and local agencies as it 
pertains to border security. 

DHS also agreed with our recommendation related to the need for DHS and 
the FBI to collaborate to (1) identify and market promising practices 
used to prepare border intelligence products within fusion centers and 
(2) take additional actions to solicit feedback from local and tribal 
officials on the utility and quality of the products generated. 
According to I&A--the DHS component that has the lead in addressing 
this recommendation--the department has initiated the creation of a 
broad Joint Fusion Center Program Management Office, which represents a 
departmentwide effort that seeks to more closely coordinate support to 
fusion centers with department component agencies, including CBP and 
ICE. I&A also noted that its intelligence specialists that are in 
fusion centers also act as conveyers of information about promising 
practices to develop border information products. Finally, I&A noted 
that the department hosts the Lessons Learned and Best Practices Web 
site that can be utilized to promote future efforts to develop border 
intelligence products within fusion centers. While these actions could 
potentially support DHS efforts to identify and market promising 
practices used to prepare border intelligence products within fusion 
centers, I&A did not provide any specific information on the extent to 
which such practices have been identified and marketed. I&A's comments 
also did not address what actions, if any, are ongoing or planned to 
solicit feedback from local and tribal officials on the utility and 
quality of the products generated. ICE also agreed with the 
recommendation and noted that it will work with the FBI to implement 
it, but ICE did not provide details on the specific actions it will 
take. 

Finally, DHS agreed with our recommendation related to the need for DHS 
and the FBI to collaborate to (1) ensure that local and tribal law 
enforcement agencies in border communities are aware of the suspicious 
activities related to terrorism they are to report and the process for 
reporting this information and (2) consider developing and 
disseminating indicators of terrorism-related activities that focus on 
border threats. ICE agreed with the recommendation but deferred to I&A 
on the implementation specifics. I&A provided additional information on 
the status of the National Suspicious Activity Reporting Initiative and 
efforts to test and evaluate related policies, procedures, and 
technology. According to I&A, the evaluation phase of the initiative at 
participating sites concluded at the end of September 2009 and a final 
report will be issued that will document lessons learned and best 
practices. I&A noted that the initiative will then be transitioned from 
a preoperational environment to a broader nationwide implementation. 
However, as discussed in our report, the DOJ official who is overseeing 
the initiative noted that the nationwide implementation could take up 
to 2 years. Therefore, our recommendation is intended for DHS and the 
FBI to take interim actions until the national initiative is fully 
implemented, such as more consistently providing local and tribal 
officials in border communities with information on the suspicious 
terrorism-related activities they should report--including those 
related to border threats--and establishing processes for reporting 
this information. 

The full text of DHS's written comments is reprinted in appendix II. 
DHS also provided technical comments, which we incorporated in this 
report where appropriate. 

On December 8, 2009, DOJ's Audit Liaison Office, within the Justice 
Management Division, stated by e-mail that the department will not be 
submitting technical or formal comments on the draft report. 

As agreed with your office, we plan no further distribution of this 
report until 30 days from its date, unless you publicly announce its 
contents earlier. At that time, we will send copies to the Secretary of 
Homeland Security, the Attorney General, and other interested parties. 
In addition, this report will be available at no charge on GAO's Web 
site at [hyperlink, http://www.gao.gov]. 

If you or your staff have any questions about this report, please 
contact me at (202) 512-8777 or larencee@gao.gov. Contact points for 
our Offices of Congressional Relations and Public Affairs may be found 
on the last page of this report. GAO staff that made major 
contributions to this report are listed in appendix III. 

Sincerely yours, 

Signed by: 

Eileen R. Larence: 
Director, Homeland Security and Justice Issues: 

[End of section] 

Appendix I: Objectives, Scope, and Methodology: 

The objectives of our review were to determine the extent to which (1) 
local and tribal law enforcement agencies in border communities are 
receiving information from their federal partners that enhances the 
agencies' situational awareness of border crimes and potential 
terrorist threats; (2) federal agencies are assisting fusion centers' 
efforts to develop border intelligence products that enhance local and 
tribal agencies' situational awareness of border crimes and potential 
terrorist threats; and (3) local and tribal law enforcement agencies in 
border communities are aware of the specific types of suspicious 
activities related to terrorism they are to report and to whom, and the 
process through which they should report this information. 

To identify criteria for answering these questions, we analyzed 
relevant laws, directives, policies, and procedures related to 
information sharing, such as the October 2007 National Strategy for 
Information Sharing and the Implementing Recommendations of the 9/11 
Commission Act of 2007 (9/11 Commission Act).[Footnote 39] The 9/11 
Commission Act provides for the establishment of a State, Local, and 
Regional Fusion Center Initiative at the Department of Homeland 
Security (DHS) and contains numerous provisions that address the 
federal government's information sharing responsibilities to state and 
local fusion centers, including those that serve border communities. 

To examine the information sharing that occurs between local and tribal 
law enforcement agencies in border communities and federal agencies 
that have a local presence in these communities--U.S. Customs and 
Border Protection's Border Patrol and U.S. Immigration and Customs 
Enforcement (ICE), and the Federal Bureau of Investigation (FBI)--we 
conducted site visits to five states that are geographically dispersed 
along the northern and southwest borders (Arizona, Montana, New York, 
Texas, and Washington). Within these states, we selected a 
nonprobability sample of 23 local and tribal law enforcement agencies 
to visit based on one or more of the following characteristics: 
[Footnote 40] 

* locations known to be or suspected of being particularly vulnerable 
to illegal entry or criminal activity; 

* land ports of entry with heavy inbound passenger traffic; 

* locations in proximity to areas at the border where there is little 
or no continuous federal border enforcement presence; 

* locations that include Native American tribal communities with lands 
that abut the border; 

* locations where federal, state, and local communities have in the 
past, or are currently working with federal agencies to support border 
security either informally or through pilot programs for sharing 
information; 

* locations in proximity to federal agencies at the border; and: 

* geographically dispersed locations along the northern and southwest 
land borders. 

We met with county sheriffs, local police chiefs, and tribal police 
chiefs from the 23 law enforcement agencies and asked them about the 
information they received from federal agencies in their localities. We 
also asked whether federal officials had discussed local and tribal 
officials' information needs and had established information sharing 
partnerships and related mechanisms to share information with them--
consistent with the National Strategy for Information Sharing and best 
practices described in GAO reports.[Footnote 41] 

After our visits, we sent follow-up questions to all 23 local and 
tribal agencies we visited in order to obtain consistency in how we 
requested and obtained information for reporting purposes. Three 
agencies did not respond to our follow-up efforts and were excluded 
from our analysis. Thus, our analysis and reporting is based on our 
visits and subsequent activities with the 20 local and tribal agencies 
that responded to our follow-up questions. We also met with local 
representatives of Border Patrol, ICE, and the FBI to discuss their 
perspectives on the information sharing that occurred, and compared 
this information to that provided by local and tribal agencies in order 
to identify barriers to sharing and related causes. 

Because we selected a nonprobability sample of agencies in border 
communities to contact, the information we obtained at these locations 
may not be generalized across the wider population of law enforcement 
agencies in border communities. However, because we selected these 
border communities based on the variety of their geographic location, 
proximity to federal agencies, and other factors, the information we 
gathered from these locations provided us with a general understanding 
of information sharing between federal agencies and state, local, and 
tribal law enforcement agencies along the border. 

To assess the extent to which federal agencies assisted fusion centers 
in developing border intelligence products, as discussed in the 9/11 
Commission Act, we reviewed products developed by fusion centers to 
determine the extent to which they provided border security-relevant 
information.[Footnote 42] We also met with and conducted subsequent 
follow-up conversations with fusion center directors and other senior 
fusion center officials in the five states we visited (Arizona, 
Montana, New York, Texas and Washington) and obtained their views on 
the importance of developing such products and about the level of 
support federal agencies were providing in developing these products. 
We asked each of the 20 local and tribal law enforcement agencies we 
contacted whether they received border intelligence products from their 
state's primary fusion center and, if so, we discussed their views on 
the usefulness of such products. 

We also interviewed senior officials from DHS's Office of Intelligence 
and Analysis--the office responsible for coordinating the federal 
government's support to fusion centers--and headquarters and field 
components of Border Patrol, ICE, and the FBI to discuss their efforts 
to support fusion centers' development of border intelligence products, 
identify promising practices for developing such products, and obtain 
feedback from local and tribal officials on the usefulness of the 
products. We also reviewed applicable documents that address fusion 
centers, including the 9/11 Commission Act, the National Strategy for 
Information Sharing, fusion center guidelines, and DHS planning 
documents and reports. 

Finally, to determine the extent to which local and tribal agencies in 
border communities were aware of the suspicious activities they are to 
report, we asked officials from the 20 agencies what, if any, 
information federal agencies or fusion centers had provided them on the 
kinds of suspicious activities that could be indicators or precursors 
to terrorism and what processes they had in place for reporting 
information on these activities. In general, suspicious activity is 
defined as observed behavior or incidents that may be indicative of 
intelligence gathering or preoperational planning related to terrorism, 
criminal, espionage, or other illicit intentions. We also reviewed the 
Findings and Recommendations of the Suspicious Activity Report (SAR) 
Support and Implementation Project to determine the extent to which the 
federal government recognizes the role of suspicious activity reporting 
for detecting and mitigating potential terrorist threats.[Footnote 43] 
We compared the processes for reporting suspicious activities with 
GAO's Standards for Internal Control in the Federal Government. 
[Footnote 44] 

We also examined indicators of various suspicious activities the FBI 
and fusion centers developed to determine if they contained border-
specific content. We interviewed Department of Justice officials who 
were leading the national initiative to standardize suspicious activity 
reporting--as well as those from headquarters components of DHS and the 
FBI--to discuss the status of the national initiative and whether 
border-specific indicators were needed and are being considered as part 
of this initiative. 

We conducted this performance audit from October 2007 through December 
2009 in accordance with generally accepted government auditing 
standards. Those standards require that we plan and perform the audit 
to obtain sufficient, appropriate evidence to provide a reasonable 
basis for our findings and conclusions based on our audit objectives. 
We believe that the evidence obtained provides a reasonable basis for 
our findings and conclusions based on our audit objectives. 

[End of section] 

Appendix II: Comments from the Department of Homeland Security: 

U.S. Department of Homeland Security: 
Washington, DC 20528: 

December 10, 2009: 

Ms. Eileen R. Larence: 
Director: 
Homeland Security and Justice Issues: 
U.S. Government Accountability Office: 
441 G Street, NW: 
Washington, DC 20548: 
Dear Ms. Larence: 

Re: Draft Report GAO-10-41, Information Sharing: Federal Agencies Are 
Sharing Border and Terrorism Information with Local and Tribal Law 
Enforcement Agencies, but Additional Efforts Are Needed (GAO Job Code 
440632): 

The Department of Homeland Security (Department) appreciates the 
opportunity to review and comment on the U.S. Government Accountability 
Office's (GAO's) draft report referenced above. 

GAO determined that most contacted local and tribal law enforcement 
agencies in the border communities found information from federal 
partners useful for situational awareness but adopting further measures 
could close other information sharing gaps. GAO also found that federal 
agencies are supporting some fusion center efforts to develop border 
intelligence products but additional Department personnel and other 
measures could strengthen efforts. In addition, GAO noted that local 
and tribal agencies in border communities could better support national 
counterterrorism efforts if they were more aware of the suspicious 
activity report. 

The draft GAO report includes three recommendations directed to the 
Department and the Federal Bureau of Investigation (FBI). U.S. Customs 
and Border Protection (CBP), U.S. Immigration and Customs Enforcement 
(ICE), and the Office of Intelligence and Analysis (I&A) commented on 
the draft report. These Department entities, as described below, are 
continuing and expanding efforts to share information, thereby meeting 
the intent of the recommendations. 

Recommendation 1: 

The Secretary of Homeland Security and the Director of the FBI require 
Border Patrol, ICE, and FBI offices in border communities to take the 
following two actions to help ensure that local and tribal law 
enforcement agencies receive information that enhances their 
situational awareness of border crimes and potential terrorist threats: 
(1) more consistently and fully identify the local and tribal agencies' 
information needs and (2) periodically assess the extent to which 
partnerships and related mechanisms to share information exist, fill 
gaps as appropriate, and address barriers to establishing such 
partnerships and mechanisms. 

Response: 

The Department agrees with the recommendation. Specifically, CBP agreed 
that a systematic and standardized process to disseminate information 
and receive feedback is vital to situational awareness for local and 
tribal law enforcement partners who are within the immediate areas 
adjacent to the border. Toward this endeavor, the Office of Border 
Patrol (OBP) will develop a list of contacts at Headquarters Border 
Patrol, sectors, and stations who will serve as the local and tribal 
liaisons. Further, each sector and station will have a list of local 
and tribal contacts. Once this contact list is established, either the 
sector or station will make initial contact to assess the information 
needs of the law enforcement partners. The sectors, in concert with 
Headquarters, will determine and publish guidance on information 
sharing above the "For Official Use Only" designation to ensure that 
only partners with a "need-to-know" requirement receive this additional 
secure information. This guidance will also cover the "Third Agency 
Rule;" derogatory information on participating partner agencies; and 
the security requirements for partner agencies, such as obtaining and 
maintaining security clearance levels of the participants and the need 
to possibly acquire secure equipment such as computers, faxes, and 
telephones. One possible means of disseminating information that may be 
studied is the use of fusion centers. Any information sharing liaison 
program at the fusion center will require either a memorandum of 
agreement or standard operating procedure. Lastly, to ensure that 
information shared is useful to partners, the sectors or stations will 
conduct an annual survey. The results of the survey will be reviewed 
and originals maintained at the local level with copies sent to OBP 
Headquarters. OBP envisions this standardized process to be in place by 
end of fiscal year 2010. 

CBP is moving forward on several fronts and making an effort to ensure 
that information sharing with federal, state, local and tribal partners 
is maintained at the highest possible level. Examples of these efforts 
are: 

* Establishment of Intelligence and Operations Coordination Centers; 

* Expansion of Intelligence Coordination Teams at strategic CBP 
locations nationwide; 

* Working as a team with the Department's Office of Intelligence and 
Analysis in a coordinated effort to support State and Local Fusion 
Centers (SLFCs) with needed border security information and expertise; 
and; 

* Embedding CBP personnel, as needed, in SLFCs. 

CBP is working in conjunction with I&A and other Department components 
to support and provide information sharing opportunities with SLFCs. 
Additionally, the Field Coordination Division within CBP's Office of 
Intelligence Operations and Coordination will work closely with the 
other CBP offices to identify the SLFCs to which federal intelligence 
or liaison personnel could be assigned to ensure state and local law 
enforcement information and intelligence is exchanged between all 
stakeholders operating near the borders. 

ICE also agreed with the recommendation and will work with CBP and the 
FBI to enhance local and tribal law enforcement agencies situational 
awareness. 

In responding to the draft report, the Department's Office of 
Intelligence and Analysis provided, or otherwise highlighted, 
additional information on the current state of information sharing 
among federal, state, and local agencies as it pertains to border 
security. On-going and planned I&A actions discussed below are 
consistent with meeting the intent of the recommendation.
I&A information sharing with state and local agencies and law 
enforcement organizations on the border and throughout the United 
States is conducted primarily through the 72 designated state and urban 
area fusion centers. In order to effectively share homeland security 
information with the 18,000 law enforcement organizations and myriad of 
other crucial state and local agencies, the Department, through several 
components and offices, has made a conscious effort to focus its 
information sharing efforts on the fusion centers. These efforts 
include, but are not limited to, the deployment of Intelligence 
Operations Specialists and the Homeland Secure Data Network (HSDN) to 
fusion centers, the build-out of secure space required for HSDN 
installation in fusion centers, granting security clearances to state, 
local, and tribal partners, and providing training and Technical 
Assistance. 

I&A deploys Intelligence Operations Specialists to fusion centers in 
order to build relationships and information sharing partnerships with 
state, local, and tribal partners. These officers also assess the 
information needs of the fusion centers and the needs of partners 
engaged in the fusion centers. They relate that information back to the 
Department and serve as the conduit for information flow between the 
states and I&A. As I&A expands its deployment of these officers to each 
of the 72 designated fusion centers, these information sharing 
relationships and awareness of information needs will only increase. 

To facilitate the development of a national fusion center capability, 
the Department's National Protection and Programs Directorate and the 
U.S. Department of Justice's Bureau of Justice Assistance partnered in 
2007 to develop the Fusion Process Technical Assistance Program. This 
program has been developed in support of I&A and in coordination with 
the Office of the Director of National Intelligence; the Office of the 
Program Manager, Information Sharing Environment (PM-ISE); the FBI; and 
experts from the state and local community—including the Global Justice 
Information Sharing Initiative, the Criminal Intelligence Coordinating 
Council, and the Global Intelligence Working Group. 

Two of these offerings assist fusion centers with the development of 
Terrorism Liaison Officer Programs. The Fusion Liaison Officer Program 
Development institutionalizes multidisciplinary fusion center 
participation via the replication of the Fusion Liaison Officer (FLO) 
Program. The FLO Program Implementation executes the foundational plan 
developed during the FLO Program Development technical assistance 
service, bringing together fusion center management and identified 
fusion liaison officers. These programs, through the building of far-
reaching networks of law enforcement officers, enable the communication 
of information needs as well as create new information sharing 
partnerships and are instrumental in addressing the recommendation. 

The Fusion Process Technical Assistance Program has also developed the 
Information and Intelligence Sharing Fellowship Pilot Program 
(Fellowship Program) to further strengthen relations with state and 
local personnel. Through the program, selected fusion center or law 
enforcement officers will serve three to four month fellowships within 
various Department offices. The formal inclusion of state/local 
representatives in information and intelligence offices will increase 
transparency and partnership on critical information sharing issues.
In addition to the Fellowship Program, several state and local law 
enforcement agencies maintain a rotation presence in the Department's 
National Operations Center. This type of exposure forges lasting 
partnerships between state and federal entities and facilitates an 
ongoing two-way exchange of relevant information and intelligence. 

Recommendation 2: 

To promote future efforts to develop border intelligence products 
within fusion centers, the Secretary and FBI Director [should] 
collaborate with fusion centers to take the following two actions: (1) 
identify and market promising practices used to prepare these products 
and (2) take additional actions to solicit feedback from local and 
tribal officials in border communities on the utility and quality of 
the products generated. 

Response: 

The Department agrees with the recommendation. I&A has the lead on 
taking action to address the recommendation and their comments follow. 
ICE independently agreed with the recommendation and will work with the 
FBI to implement it. 

In order to best meet the needs of state, local, tribal, and 
territorial partners, the Department has initiated the creation of a 
broad Joint Fusion Center Program Management Office (JFCPMO). This 
office represents a Department-wide effort that seeks to more closely 
coordinate support to fusion centers with Department component 
agencies, including ICE and CBP. 

The Intelligence Operations Specialists in fusion centers also act as 
conveyors of information about promising practices to develop border 
information products. In addition, the Department, through the Federal 
Emergency Management Agency, hosts the Lessons Learned Information 
Sharing (LLIS.gov) Web site, the national network of Lessons Learned 
and Best Practices for emergency response providers and homeland 
security officials. LLIS.gov's secure, restricted-access information is 
designed to facilitate efforts to prevent, prepare for and respond to 
acts of terrorism and other incidents across all disciplines and 
communities throughout the United States. This resource can be utilized 
to promote future efforts to develop border intelligence products 
within fusion centers. 

Recommendation 3: 

The Secretary and the FBI Director collaborate with fusion centers by 
taking two actions to maximize the utility of suspicious activity 
indicators as a counterterrorism tool: (1) ensure that local and tribal 
law enforcement agencies in border communities are aware of the 
specific types of suspicious activities related to terrorism that they 
are to report and the process through which they should report this 
information, and (2) consider developing, periodically updating, and 
consistently disseminating indicators of terrorism-related activities 
that focus on border threats. 

Response: 

The Department agrees with the recommendation. ICE specifically agreed 
but deferred to I&A on the implementation specifics. The Department's 
I&A noted that the Nationwide Suspicious Activity Reporting (SAR) 
Initiative (NSI) is an outgrowth of a number of separate but related 
activities that respond directly to the mandate to establish a "unified 
process for reporting, tracking, and accessing SARs" as called for in 
the National Strategy for Information Sharing (October 2007). For the 
last two years, the Program Manager for the Information Sharing 
Environment (PM-ISE), working with a number of federal, state, and 
local partner organizations, has been "conducting an evaluation 
environment (EE)" at state and major urban area fusion centers and 
local law enforcement organizations across the country to test and 
evaluate policies, procedures, and technology needed to implement a 
unified process that fosters a broader sharing of SARs that are 
reasonably indicative of potential intelligence gathering or pre-
operational planning related to terrorism or other criminal activity. 

The major objective of the EE is to establish, at each of the 
participating sites, policies and business processes that support the 
gathering, documenting, processing, analyzing, and sharing of SARs 
while ensuring that privacy and civil liberties are adequately 
protected in accordance with federal, state, and local laws and 
regulations. A residual benefit of the NSI is that state and local 
partners now have access to "eGuardian" data which the FBI downloads 
into the NSI shared environment. In addition, eGuardian is now 
integrated with the PM-ISE Shared Space environment. This integration 
is two-way. First, all incidents that are referred from eGuardian 
become visible to PM-ISE Shared Space users. Second, PM-ISE Shared 
Space users can send incidents into eGuardian, where they can be 
referred to the Joint Terrorism Task Force and made visible to the 
entire eGuardian community. These are major advancements in sharing of 
information. 

The ISE-SAR EE concluded at the end of September 2009 and a final 
report will be issued that will document "Lessons Learned" and "Best 
Practices." Based on informal assessments of progress to date, the NSI 
will then be transitioned from a pre-operational environment to a 
broader nationwide implementation. When the NSI rollout is complete, a 
unified SAR process and supporting policies and standards will be in 
place nationwide. To support this unified process, a common set of 
capabilities will have been institutionalized at approximately 72 
locations nationwide. These locations have been selected to provide 
broad nationwide geographic coverage and in recognition of the fact 
that individual states and localities are governed by unique privacy 
and civil liberties laws and regulations. 

Sincerely, 

Signed by: 

Jerald E. Levine: 
Director: 
Departmental GAO/OIG Liaison Office: 

[End of section] 

Appendix III: GAO Contact and Staff Acknowledgments: 

GAO Contact: 

Eileen R. Larence, (202) 512-8777 or larencee@gao.gov: 

Staff Acknowledgments: 

In addition to the person named above, Eric Erdman, Assistant Director; 
Frances Cook; Cindy Gilbert; Kristen Hughes; Christopher Jones; Thomas 
Lombardi; Ronald Salo; Edith Sohna; Adam Vogt; and Maria Wallace made 
key contributions to this report. 

[End of section] 

Footnotes: 

[1] This report focuses on the border information sharing efforts of 
CBP's Border Patrol, ICE, and the FBI and is not intended to assess or 
compare the overall efforts of DHS and DOJ, which include many other 
component agencies. 

[2] Terrorism-related information includes homeland security, 
terrorism, and weapons of mass destruction information. 

[3] In general, fusion centers are collaborative efforts of two or more 
agencies that provide resources, expertise, and information to the 
center with the goal of maximizing their ability to detect, prevent, 
investigate, and respond to criminal and terrorist activity. 

[4] GAO, High-Risk Series: An Update, [hyperlink, 
http://www.gao.gov/products/GAO-09-271] (Washington D.C.: January 
2009). 

[5] See generally Pub. L. No. 110-53, tit. V, 121 Stat. 266, 306-35 
(2007). 

[6] App. I contains additional information on our criteria for 
selecting the local and tribal agencies we visited. 

[7] See, for example, GAO, Information Sharing: Practices That Can 
Benefit Critical Infrastructure Protection, [hyperlink, 
http://www.gao.gov/products/GAO-02-24] (Washington, D.C.: Oct. 15, 
2001). 

[8] In general, border security-relevant information includes 
information on border crimes--such as illegal immigration and drug 
trafficking--and potential terrorist threats. 

[9] In general, suspicious activity is defined as observed behavior or 
incidents that may be indicative of intelligence gathering or 
preoperational planning related to terrorism, crime, espionage, or 
other illicit intentions. 

[10] DOJ, Global Justice Information Sharing Initiative, Major Cities 
Chiefs Association, and DHS, Findings and Recommendations of the 
Suspicious Activity Report (SAR) Support and Implementation Project 
(October 2008). 

[11] See Pub. L. No. 108-458, 118 Stat. 3638 (2004); Pub. L. No. 107-
296, 116 Stat. 2135 (2002). 

[12] In addition to the FBI, several other DOJ component agencies are 
involved in sharing information related to the border, including the 
Drug Enforcement Administration; the Bureau of Alcohol, Tobacco, 
Firearms and Explosives; and the United States Marshals Service. This 
report focuses on the FBI's role in sharing terrorism-related 
information and does not include the activities of other DOJ component 
agencies. 

[13] Joint Terrorism Task Forces are investigative units consisting of 
law enforcement and other specialists from federal, state, and local 
law enforcement and intelligence agencies, led by DOJ and the FBI. 
There is a Joint Terrorism Task Force in each of the FBI's 56 main 
field offices, and additional task forces are located in smaller FBI 
offices. 

[14] These initiatives are included in the National Strategy for 
Homeland Security and the National Strategy for Information Sharing; 
the President's December 16, 2005, Memorandum to Heads of Executive 
Departments and Agencies, including Information Sharing Guidelines, 
calling for the establishment of an Information Sharing Environment to 
facilitate the sharing of terrorism and homeland security information; 
and statutes, such as the Implementing Recommendations of the 9/11 
Commission Act, the Intelligence Reform and Terrorism Prevention Act of 
2004, and the Homeland Security Act of 2002. 

[15] Pub. L. No. 110-53, § 511, 121 Stat. at 317 (codified at 6 U.S.C. 
§ 124h). 

[16] 6 U.S.C. § 124h(c), (e)(1). 

[17] Id. § 124(d). 

[18] Id. § 124(e)(2). 

[19] Id. § 124(g)(1). 

[20] [hyperlink, http://www.gao.gov/products/GAO-02-24]. 

[21] GAO, Information Sharing: The Federal Government Needs to 
Establish Policies and Processes for Sharing Terrorism-Related and 
Sensitive but Unclassified Information, [hyperlink, 
http://www.gao.gov/products/GAO-06-385 (Washington, D.C.: Mar. 17, 
2006) and GAO, Information Sharing Environment: Definition of the 
Results to Be Achieved in Improving Terrorism-Related Information 
Sharing Is Needed to Guide Implementation and Assess Progress, 
[hyperlink, http://www.gao.gov/products/GAO-08-492] (Washington, D.C.: 
June 25, 2008). 

[22] GAO, Homeland Security: Federal Efforts Are Helping to Alleviate 
Some Challenges Encountered by State and Local Information Fusion 
Centers, [hyperlink, http://www.gao.gov/products/GAO-08-35] 
(Washington, D.C.: Oct. 30, 2007) and GAO, Homeland Security: Federal 
Efforts Are Helping to Address Some Challenges Faced by State and Local 
Fusion Centers, [hyperlink, http://www.gao.gov/products/GAO-08-636T] 
(Washington, D.C.: Apr. 17, 2008). 

[23] For example, Border Patrol participates in Integrated Border 
Enforcement Teams at 24 locations along the northern border, which are 
comprised of both Canadian and U.S. law enforcement agencies and can 
include state, local, and tribal agencies. These intelligence-led teams 
were developed to enhance border security by identifying, 
investigating, and interdicting persons and organizations that pose a 
threat to national security or are engaged in other organized criminal 
activity. 

[24] ICE has partnered with federal, state, local, and foreign law 
enforcement counterparts to create the Border Enforcement Security Task 
Force initiative, a series of multiagency task forces that were 
developed to identify, disrupt, and dismantle criminal organizations 
posing significant threats to border security. The task forces are 
designed to increase information sharing and collaboration among the 
agencies combating these threats. 

[25] ICE is making certain law enforcement information available 
through the DHS Law Enforcement Information Sharing Service. This 
service establishes bidirectional connectivity between DHS and federal, 
state, local, and tribal law enforcement entities. The service shares 
subject records related to valid law enforcement needs. DHS began 
deploying the system in 2008 to DOJ and law enforcement information 
sharing systems in San Diego, Los Angeles, and the Puget Sound region 
of Washington state. In fiscal year 2009, DHS anticipates expanding the 
service to systems in Arizona, New Mexico, Texas, and the Washington, 
D.C., area. 

[26] The Safe Trails Task Force program is designed to unite the FBI 
with other federal, state, and local law enforcement agencies in a 
collaborative effort to combat the continuing growth of violent crime 
on Indian reservations, including areas along the borders. Task force 
participating agencies include the FBI, the Drug Enforcement 
Administration, the Bureau of Indian Affairs, tribal police 
departments, and state and local law enforcement agencies. The FBI 
supports 15 Safe Trails Task Forces, 10 of which are in states along 
the northern and southwest borders of the United States. 

[27] [hyperlink, http://www.gao.gov/products/GAO-02-24]. 

[28] The FBI's Law Enforcement Online serves as a real-time, online 
controlled-access communications and information sharing data 
repository for sensitive but unclassified information about 
antiterrorism, intelligence, law enforcement, and criminal justice 
efforts, among other things. Law Enforcement Online is available to 
more than 18,000 law enforcement agencies nationwide. The FBI's 
eGuardian system is an unclassified counterterrorism tool that allows 
state, local, and tribal law enforcement partners to share threat 
information directly with the FBI. 

[29] Of the remaining 4 localities that had discussed their information 
needs with Border Patrol officials, 2 reported receiving information 
from the agency but did not take a position on its usefulness and 2 
reported that they had not received information from the agency. 

[30] Two localities did not report if they had discussed their 
information needs with Border Patrol, 2 did not report if they had 
discussed information needs with ICE, and 1 did not report if it had 
discussed information needs with the FBI. 

[31] Officials from 1 of the 14 localities said they were in the 
process of developing an information sharing partnership with Border 
Patrol officials in the vicinity. One of the 20 localities did not 
report if it had established an information sharing partnership with 
Border Patrol officials in the vicinity. 

[32] Officials from 3 of the 13 localities said they had an information 
sharing partnership with ICE officials in the vicinity but had not 
received any information. 

[33] According to the director of I&A's Border Security Division, the 
division's products are designed to provide information about border 
threats and other information that is applicable to border communities 
throughout the country. In contrast, fusion center products are 
generally designed to provide information that is specific to a 
geographic location. 

[34] DHS is to submit its annual reports to the Committee on Homeland 
Security and Governmental Affairs of the Senate and the Committee on 
Homeland Security of the House of Representatives. See 6 U.S.C. 
§124h(g)(2). 

[35] DOJ, Global Justice Information Sharing Initiative, Major Cities 
Chiefs Association, and DHS, Findings and Recommendations of the 
Suspicious Activity Report (SAR) Support and Implementation Project. 

[36] GAO, Standards for Internal Control in the Federal Government, 
[hyperlink, http://www.gao.gov/products/GAO/AIMD-00-21.3.1] 
(Washington, D.C.: November 1999). These standards, issued pursuant to 
the requirements of the Federal Managers' Financial Integrity Act of 
1982, provide the overall framework for establishing and maintaining 
internal control in the federal government. Also pursuant to the 1982 
act, the Office of Management and Budget (OMB) issued circular A-123, 
revised December 21, 2004, to provide the specific requirements for 
assessing the reporting on internal controls. Internal control 
standards and the definition of internal control in OMB Circular A-123 
are based on GAO's Standards for Internal Control in the Federal 
Government. 

[37] Entities participating in the National Suspicious Activity 
Reporting Initiative include the Program Manager-Information Sharing 
Environment, DHS, the FBI, the Office of the Director of National 
Intelligence, state and local fusion centers, the Major Cities Chiefs 
Association, the International Association of Chiefs of Police, the 
Major County Sheriffs' Association, and the National Sheriffs' 
Association. 

[38] In 2007, DHS created the Homeland Security Intelligence Support 
Team at the El Paso Intelligence Center to improve information sharing 
among federal agencies and with state, local, and tribal partners. 

[39] See generally Pub. L. No. 110-53, tit. V, 121 Stat. 266, 306-35 
(2007). 

[40] Nonprobability sampling is a method of sampling where observations 
are selected in a manner that is not completely random, generally using 
specific characteristics of the population as criteria. Results from a 
nonprobability sample cannot be used to make inferences about an entire 
population because some elements of the population being studied had no 
chance or an unknown chance of being selected as part of the sample. 

[41] See, for example, GAO, Information Sharing: Practices That Can 
Benefit Critical Infrastructure Protection, [hyperlink, 
http://www.gao.gov/products/GAO-02-24] (Washington, D.C.: Oct. 15, 
2001). 

[42] In general, border security-relevant information includes 
information on border crimes--such as illegal immigration, drug 
trafficking, and border violence--and potential terrorist threats. 

[43] DOJ, Global Justice Information Sharing Initiative, Major Cities 
Chiefs Association, and DHS, Findings and Recommendations of the 
Suspicious Activity Report (SAR) Support and Implementation Project 
(October 2008). 

[44] GAO, Standards for Internal Control in the Federal Government, 
[hyperlink, http://www.gao.gov/products/GAO/AIMD-00-21.3.1] 
(Washington, D.C.: November 1999). These standards, issued pursuant to 
the requirements of the Federal Managers' Financial Integrity Act of 
1982, provide the overall framework for establishing and maintaining 
internal control in the federal government. Also pursuant to the 1982 
act, the Office of Management and Budget (OMB) issued circular A-123, 
revised December 21, 2004, to provide the specific requirements for 
assessing the reporting on internal controls. Internal control 
standards and the definition of internal control in OMB Circular A-123 
are based on GAO's Standards for Internal Control in the Federal 
Government. 

[End of section] 

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