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Domestic Terrorism: Further Actions Needed to Strengthen FBI and DHS Collaboration to Counter Threats

GAO-23-104720 Published: Feb 22, 2023. Publicly Released: Feb 28, 2023.
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Fast Facts

Incidents of domestic terrorism increased by 357% between 2013 and 2021. The FBI and the Department of Homeland Security are charged with collaborating to prevent domestic threats.

Although they work together to counter threats, the agencies may need to update their current agreements to specify how they should collaborate to better address the constantly evolving threat of domestic terrorism. In addition, neither agency regularly assesses how effective they are at working together.

We recommended that the FBI and DHS address these issues.

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Highlights

What GAO Found

According to U.S. law, domestic terrorism is generally defined as involving criminal acts dangerous to human life occurring in the U.S. that appear intended to coerce a civilian population or influence or affect the conduct of government. The Federal Bureau of Investigation (FBI) tracks cases (which it defines as investigations and disruptions) consistent with its investigative mission. The Department of Homeland Security (DHS) Office of Intelligence and Analysis (I&A) tracks incidents which it defines attacks or plots, consistent with its definition of domestic terrorism. From fiscal years 2013 through 2021, the FBI's number of open domestic terrorism-related cases grew by 357 percent from 1,981 to 9,049, From calendar year 2010 to 2021, I&A tracked a total of 231 domestic terrorism incidents, with racially- or ethnically-motivated violent extremists committing the most violent incidents during the time period.

Domestic Terrorism Incidents by State, Calendar Years 2010 through 2021

Fig B_7 - 104720

The FBI and DHS I&A collaborate via headquarters staff, fusion centers, and through serving on task forces, to identify and counter domestic terrorism threats. GAO found that they generally followed leading collaboration practices, but challenges remain. For example, FBI and DHS have agreements in place, but they have not assessed if these agreements fully reflect how their personnel should collaborate on their shared charge of preventing domestic terrorism. Due to the rapidly evolving threat landscape, having up-to-date, comprehensive formal agreements would enhance the two entities' collaboration. Further, FBI and DHS I&A have evaluated individual activities but have not consistently assessed the overall effectiveness of their collaborative efforts. Doing so can ensure both agencies are capitalizing on efforts that may lead to improved information to counter domestic terrorism threats.

Why GAO Did This Study

Domestic terrorism investigations have more than doubled since 2020, according to the FBI. FBI and DHS are the main federal entities charged with preventing terrorist attacks in the U.S. FBI has lead responsibility for federal domestic terrorism investigations and domestic intelligence efforts. DHS is responsible for producing terrorist threat information in coordination with federal, state and local government agencies, and private entities.

GAO was asked to review domestic terrorism threats, incidents, and related federal cases and charges. This report addresses, among other objectives, the extent to which the FBI and DHS I&A (1) track domestic terrorism investigations and incidents, and (2) followed leading collaboration practices in their efforts to counter domestic terrorism threats.

GAO reviewed FBI and DHS policies and guidance related to domestic terrorism, and analyzed FBI investigation data from fiscal year 2013-2021 and DHS incident data from 2010 to 2021, the most recent available. GAO also interviewed with FBI and DHS headquarters officials and field personnel from five Joint Terrorism Task Forces and fusion centers. GAO selected these five based on the number of domestic terrorism incidents in their locations, among other factors.

Recommendations

GAO is making six recommendations, three each to the FBI and DHS, including to assess agreements in place and evaluate collaborative efforts.

Recommendations for Executive Action

Agency Affected Recommendation Status
Federal Bureau of Investigation The Director of the FBI should, in coordination with the DHS Undersecretary for Intelligence and Analysis, report domestic terrorism incident data from both agencies in response to the annual update requirement in the NDAA for fiscal year 2020. (Recommendation 1)
Open – Partially Addressed
DHS and FBI have taken actions to report domestic terrorism incident data from both agencies. For example, DHS and FBI collaborated to develop the 2023 Strategic Intelligence Assessment and Data on Domestic Terrorism, and are similarly collaborating on the 2024 report due to be issued by the end of summer 2024. DHS and FBI officials have held discussions on which domestic terrorism incidents to include in the 2024 report and have shared multiple drafts with suggested language and other feedback. To fully implement this recommendation, DHS and FBI will need to report domestic terrorism incident data from both agencies in the upcoming 2024 Strategic Intelligence Assessment and Data on Domestic Terrorism, including the criteria for selecting which incident data to report. We will continue to monitor future reporting efforts to confirm data are reported from both agencies.
Office of Intelligence and Analysis The Under Secretary for Intelligence and Analysis should, in coordination with the Director of the FBI, report domestic terrorism incident data from both agencies in response to the annual update requirement in the NDAA for fiscal year 2020. (Recommendation 2)
Open – Partially Addressed
DHS and FBI have taken actions to report domestic terrorism incident data from both agencies. For example, DHS and FBI collaborated to develop the 2023 Strategic Intelligence Assessment and Data on Domestic Terrorism, and are similarly collaborating on the 2024 report due to be issued by the end of summer 2024. DHS and FBI officials have held discussions on which domestic terrorism incidents to include in the 2024 report and have shared multiple drafts with suggested language and other feedback. To fully implement this recommendation, DHS and FBI will need to report domestic terrorism incident data from both agencies in the upcoming 2024 Strategic Intelligence Assessment and Data on Domestic Terrorism, including the criteria for selecting which incident data to report. We will continue to monitor future reporting efforts to confirm data are reported from both agencies.
Federal Bureau of Investigation The Director of the FBI should, in collaboration with the DHS Under Secretary for Intelligence and Analysis, implement a process to periodically evaluate the effectiveness of collaborative practices to identify and counter domestic terrorism threats. (Recommendation 3)
Closed – Implemented
As of March 2024, DHS and FBI domestic terrorism issue managers and senior leaders have held regular meetings, in which ongoing collaborations are evaluated and adjustments to processes are made as appropriate. For example, DHS and FBI have coordinated regularly to discuss threat reporting and joint production of finished intelligence and delivery of briefings in support of the White House National Strategy for Countering Domestic Terrorism. In addition, DHS and FBI assigned liaisons to each other's organizations to continually consider ways to optimize collaboration between the agencies. By implementing these actions to periodically evaluate the effectiveness of their collaborative practices, DHS and FBI are better positioned to work together to identify and counter domestic threats.
Office of Intelligence and Analysis The DHS Under Secretary for Intelligence and Analysis should, in collaboration with the Director of the FBI, implement a process to periodically evaluate the effectiveness of collaborative practices to identify and counter domestic terrorism threats. (Recommendation 4)
Closed – Implemented
As of March 2024, DHS and FBI domestic terrorism issue managers and senior leaders have held regular meetings, in which ongoing collaborations are evaluated and adjustments to processes are made as appropriate. For example, DHS and FBI have coordinated regularly to discuss threat reporting and joint production of finished intelligence and delivery of briefings in support of the White House National Strategy for Countering Domestic Terrorism. In addition, DHS and FBI assigned liaisons to each other's organizations to continually consider ways to optimize collaboration between the agencies. By implementing these actions to periodically evaluate the effectiveness of their collaborative practices, DHS and FBI are better positioned to work together to identify and counter domestic threats.
Federal Bureau of Investigation
Priority Rec.
The Director of the FBI should, in collaboration with the DHS Under Secretary for Intelligence and Analysis, assess existing formal agreements to determine if they fully articulate a joint process for working together to counter domestic terrorism threats and sharing relevant domestic terrorism-related information and update and revise accordingly. (Recommendation 5)
Open – Partially Addressed
As of March 2024, FBI has formed an internal working group to assess its existing agreements with DHS to counter domestic terrorism threats and share information. To fully implement this recommendation, FBI will need to complete its internal review and coordinate with DHS to make any needed updates or revisions to existing agreements.
Office of Intelligence and Analysis
Priority Rec.
The DHS Under Secretary for Intelligence and Analysis should, in collaboration with the Director of the FBI, assess existing formal agreements to determine if they fully articulate a joint process for working together to counter domestic terrorism threats and sharing relevant domestic terrorism-related information and update and revise accordingly. (Recommendation 6)
Open – Partially Addressed
As of March 2024, DHS has reviewed its formal agreements with the FBI, but the agencies have not reached agreement on any needed updates or revisions and there is no timeline to reach such an agreement. In the interim, DHS is working with FBI to assign an additional FBI employee to the Office of Intelligence & Analysis to provide on-site information access and support. When we confirm the implementation of additional actions DHS has taken in response to this recommendation, we will provide updated information.

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CounterterrorismCriminal investigationsDefendantsDomestic terrorismFusion centersHomeland securityLaw enforcementLegal counselTerrorismDeaths