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, Dec 18, 2009
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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.
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.
Status Legend:
Status will change from "In process" to "Open," "Closed - implemented," or "Closed - not implemented" based on our follow up work.
- In Process
- Open
- Closed - implemented
- Closed - not implemented
Recommendations for Executive Action
Recommendation: To maximize the utility of suspicious activity indicators as a counterterrorism tool, the Secretary of Homeland Security and the Director of the FBI should collaborate with fusion centers to consider developing, periodically updating, and consistently disseminating indicators of terrorism-related activities that focus on border threats.
Agency Affected: Department of Justice: Federal Bureau of Investigation
Status: Open
Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
Recommendation: To maximize the utility of suspicious activity indicators as a counterterrorism tool, the Secretary of Homeland Security and the Director of the FBI should collaborate with fusion centers to 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.
Agency Affected: Department of Justice: Federal Bureau of Investigation
Status: Open
Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
Recommendation: To maximize the utility of suspicious activity indicators as a counterterrorism tool, the Secretary of Homeland Security and the Director of the FBI should collaborate with fusion centers to 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.
Agency Affected: Department of Homeland Security
Status: Open
Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
Recommendation: To promote future efforts to develop border intelligence products within fusion centers, the Secretary of Homeland Security and the Director of the FBI should collaborate with fusion centers to take additional actions to solicit feedback from local and tribal officials in border communities on the utility and quality of the products generated.
Agency Affected: Department of Justice: Federal Bureau of Investigation
Status: Open
Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
Recommendation: To promote future efforts to develop border intelligence products within fusion centers, the Secretary of Homeland Security and the Director of the FBI should collaborate with fusion centers to take additional actions to solicit feedback from local and tribal officials in border communities on the utility and quality of the products generated.
Agency Affected: Department of Justice: Federal Bureau of Investigation
Status: Open
Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
Recommendation: To promote future efforts to develop border intelligence products within fusion centers, the Secretary of Homeland Security and the Director of the FBI should collaborate with fusion centers to identify and market promising practices used to prepare these products.
Agency Affected: Department of Homeland Security
Status: Open
Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
Recommendation: To promote future efforts to develop border intelligence products within fusion centers, the Secretary of Homeland Security and the Director of the FBI should collaborate with fusion centers to identify and market promising practices used to prepare these products.
Agency Affected: Department of Homeland Security
Status: Open
Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
Recommendation: 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, the Secretary of Homeland Security and Director of the FBI, as applicable, should require Border Patrol, ICE, and FBI offices in border communities to 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.
Agency Affected: Department of Homeland Security
Status: Open
Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
Recommendation: 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, the Secretary of Homeland Security and Director of the FBI, as applicable, should require Border Patrol, ICE, and FBI offices in border communities to 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.
Agency Affected: Department of Justice: Federal Bureau of Investigation
Status: Open
Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
Recommendation: 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, the Secretary of Homeland Security and Director of the FBI, as applicable, should require Border Patrol, ICE, and FBI offices in border communities to more consistently and fully identify the local and tribal agencies' information needs.
Agency Affected: Department of Justice: Federal Bureau of Investigation
Status: Open
Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
Recommendation: 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, the Secretary of Homeland Security and Director of the FBI, as applicable, should require Border Patrol, ICE, and FBI offices in border communities to more consistently and fully identify the local and tribal agencies' information needs.
Agency Affected: Department of Homeland Security
Status: Open
Comments: As of September 30, 2010, the recommendations directed to the Secretary of DHS and the Director of the FBI for a jointly coordinated response by CBP, ICE and the FBI regarding initiatives by their headquarters and/or field offices to address information sharing with local and tribal law enforcement were addressed in part; so the recommendations remain open. DHS and its components agreed with the report's recommendations; the FBI did not comment. Subsequent to the report's issuance, CBP, in emails to GAO, stated that, among other efforts, it is developing an information needs check list to distribute to its sector chiefs on information sharing with local tribal and local city/county law enforcement agencies with an expected completion date of December 2010. Follow up on the progress of that initiative by CBP will be made at the end of CY 2010 and once implemented, CBP may be deemed to have fully implemented the recommendations. ICE has not responded to the recommendations. The FBI's 60 day letter does not indicate any new initiatives in response to the recommendations and therefore requires follow up to clarify how in its opinion the 60 day letter is responsive to all 6 recommendations.
Recommendation: To maximize the utility of suspicious activity indicators as a counterterrorism tool, the Secretary of Homeland Security and the Director of the FBI should collaborate with fusion centers to consider developing, periodically updating, and consistently disseminating indicators of terrorism-related activities that focus on border threats.
Agency Affected: Department of Homeland Security
Status: Open
Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.