Critical Releases in Homeland Security: January 27, 2010

"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."

"The National Counterterrorism Center (NCTC) was established in 2004 to ensure that information from any source about potential terrorist acts against the U.S. could be made available to analysts and that appropriate responses could be planned. Investigations of the 9/11 attacks had demonstrated that information possessed by different agencies had not been shared and thus that disparate indications of the looming threat had not been connected and warning had not been provided. [...] Two recent incidents--the assassination by an Army Major of some 13 individuals at Fort Hood Army Base on November 5, 2009 and the failed attempt to trigger a bomb on an airliner approaching Detroit on December 25, 2009--led to increased concern about counterterrorism capabilities domestically and internationally. An Executive Branch assessment of the December bombing attempt concluded that, whereas information sharing had been adequate, analysts had failed to 'connect the dots' and achieve an understanding of an ongoing plot. Attention has focused on the NCTC which is responsible for ensuring both the sharing of information and for all-source analysis of terrorist issues. Congressional hearings have been scheduled to review what was known in advance about the individuals involved in these two incidents. Congress may choose to go further to review the statutory responsibilities of NCTC as well as the record of the Center since it was established in 2004. This Report will be updated as more information becomes available."

"On November 5, 2009 a gunman opened fire at the Soldier Readiness Center at Fort Hood, Texas. Thirteen people were killed and 43 others were wounded or injured. The initial response to the incident was prompt and effective." Following the shooting, Defense Secretary Robert M. Gates established the Department of Defense Independent Review Related to Fort Hood" who's task was to "focus on the non-criminal aspect of the tragedy and [conduct] a thorough review of the alleged perpetrator's training and military records along with a quality review of the care he provided to patents during his career. The President directed a review of intelligence matters related to the Fort Hood shooting, the FBI [Federal Bureau of Investigation] is conducting a review of its procedures, and a criminal investigation is underway. It was critical to maintain the integrity of these investigations." The report make comes to a number of conclusions and makes corresponding recommendations.

"On March 9, 2007, the Department of Justice (Department or DOJ) Office of the Inspector General (OIG) issued its first report on the Federal Bureau of Investigation's (FBI) use of national security letters (NSL). Issued in response to the requirements in the USA PATRIOT Improvement and Reauthorization Act of 2005 (Patriot Reauthorization Act), the first report described the use and effectiveness of NSLs, including 'any illegal and improper use,' in calendar years 2003 through 2005. On March 13,2008, the OIG issued its second report on NSLs, which assessed the corrective actions the FBI and the Department had taken in response to the OIG's first NSL report. The second report also described NSL usage in calendar year 2006. In this third report, we describe the results of our investigation of the FBI's use of exigent letters and other informal requests, instead of NSLs or other legal process, to obtain the production of non-content telephone records from employees of three communications service providers (Companies A, B, and C). The OIG conducted this investigation to examine in greater detail the extent of the FBI's use of exigent letters and other informal requests for such information, as well as to assess the accountability of FBI employees and supervisors who were responsible for these practices. We examined the conduct of the FBI personnel who signed these letters or made these informal requests, their supervisors, and the FBI's senior leadership."