Fusion Centers Neg – Wave 2 - BT Good job to Manu, Cameron, Dhruv, Rafael, John, and Anusha who worked on this case neg. Shout out to Shivy the Enforcer and Jack the Hanger Oner! Topicality Its ‘Its’ is a possessive pronoun showing ownership Glossary of English Grammar Terms, ‘5 (http://www.usingenglish.com/glossary/possessive-pronoun.html) Mine, yours, his, hers, its, ours, theirs are the possessive pronouns used to substitute a noun and to show possession or ownership. EG. This is your disk and that's mine. (Mine substitutes the word disk and shows that it belongs to me.) Violation – Aff decreases involvement in state surveillance, but doesn’t decrease federal surveillance. Fusion centers are owned and operated by states DHS 15 [Department of Homeland Security, “State and Major Urban Area Fusion Centers”, DHS.gov, 7/6/15, http://www.dhs.gov/state-and-major-urban-areafusion-centers] MG State and major urban area fusion centers (fusion centers) serve as focal points within the state and local environment for the receipt, analysis, gathering, and sharing of threat-related information between the federal government and state, local, tribal, territorial (SLTT) and private sector partners. Located in states and major urban areas throughout the country, fusion centers are uniquely situated to empower front-line law enforcement, public safety, fire service, emergency response, public health, critical infrastructure protection, and private sector security personnel to understand local implications of national intelligence, thus enabling local officials to better protect their communities. Fusion centers provide interdisciplinary expertise and situational awareness to inform decision-making at all levels of government. They conduct analysis and facilitate information sharing while assisting law enforcement and homeland security partners in preventing, protecting against, and responding to crime and terrorism. Fusion centers are owned and operated by state and local entities with support from federal partners in the form of deployed personnel, training, technical assistance, exercise support, security clearances, connectivity to federal systems, technology, and grant funding. This is a voting issue – a) Limits – justifies an affirmative about any federal budget line-item that assists state and local governments with surveillance – undermines in-depth education b) Effects illegit – explodes topic and justifies bi-directionality – causes impossible negative research burden, undermining fairness – this is an independent voter A2: C/I – Federal funding/coordination = its Federal funding and coordination doesn't determine ownership Paget 7 – JD, long and widely recognized as one of this country's leading practitioners of environmental law and litigation (David, ALI-ABA COURSE OF STUDY MATERIALS Environmental Impact Assessment: NEPA and Related Requirements Cosponsored by the Environmental Law Institute, Lexis)//BB I. Issue¶ - At what point does federal participation in a project contemplated by a nonfederal entity, such as a private entity or a state or local government, federalize the action and render the entire project subject to the requirements of the National Environmental Policy Act ("NEPA")?¶ The way in which an action is defined determines the scope of the project for federal purposes.¶ - Nonfederal actions are not subject to NEPA requirements. Save the Bay, Inc. v. U.S. Army Corps of Engineers, 610 F.2d 322, 326 (5th Cir. 1980); Gettysburg Battlefield Preservation Assoc. v. Gettysburg College, 799 F. Supp. 1571, 1577 (M.D. Pa. 1992).¶ - Federal agencies are subject to NEPA requirements if a proposed project involves a "major federal action significantly affecting the quality of the human environment." 42 U.S.C. § 4332(2) (C).¶ - If subject to NEPA requirements, the federal agency must conduct an Environmental Assessment ("EA") and issue a Finding of No Significant Impact ("FONSI") or an Environmental Impact Statement ("EIS").¶ - The NEPA scope of analysis is significant because:¶ - It is frequently determinative of the need for an EIS.¶ - Because NEPA applies to at least the federal component of a proposal, the greater the "federalization" of the action the greater the likelihood of significant environmental impacts.¶ - Inclusion of the nonfederal portion of a proposed project as part of the NEPA scope of analysis often converts a typical FONSI into an EIS.¶ - Federal agencies must comply with the alternatives analysis in Section 102(2) (E) even if they do not have to prepare an EIS. 42 U.S.C. § 4332(2) (E); Hanly v. Kleindienst (II), 471 F.2d 823 (2d Cir. 1972), cert. denied, 412 U.S. 908 (1973).¶ - Inclusion of the nonfederal portion of a proposed project as part of the NEPA scope of analysis increases the scope of the alternatives analysis because the federal agency must consider alternatives to the entire project, not just alternatives to the federal portion of the proposed project.¶ - Inclusion of the nonfederal component of a proposal as part of the overall federal action may trigger other additional provisions of federal law, such as¶ - § 106 of the National Historic Preservation Act, 16 U.S.C. § 470f.¶ - Floodplain Management, Executive Order No. 11988.¶ - Protection of Wetlands, Executive Order No. 11990 (does not apply to issuance by federal agencies of permits to private parties for activities involving wetlands on nonfederal property).¶ - If more than one federal agency is involved in a project proposed by a nonfederal entity, the federal agencies must consider the cumulative federal involvement in determining the scope of the NEPA analysis. See 40 C.F.R. §§ 1508.7 & 1508.25(a) & (c).¶ II. Common Situations Involving the "Small Handle" Issue¶ - Nonfederal actions that require federal permits or approvals.¶ - Army Corps of Engineers' (the "Corps") issuance of a permit pursuant to Section 10 of the Rivers and Harbors Act, 33 U.S.C. § 403, for work in navigable waters of the United States and/or pursuant to Section 404 of the Clean Water Act, 33 U.S.C. § 1344, for discharges of fill or dredged material into waters of the United States (including federal wetlands).¶ - Construction of marina associated with upland development (e.g., commercial or residential).¶ - Construction of marina associated with entertainment facilities.¶ Components of a residential or commercial development are in both upland and regulated waters.¶ - Other combinations of in-water activity and upland activity:¶ - Utility lines.¶ - River or wetlands crossing or filling as part of a larger development or transportation project.¶ - Discharge outfalls from upland industrial plant.¶ - Secretary of the Interior approval of Indian contracts.¶ - Local road improvements associated with highway improvements requiring Federal Highway Administration ("FHWA") approvals or funding.¶ - Nonfederal actions eligible for federal assistance.¶ - Mass transit systems.¶ - Highway construction.¶ - Housing developments.¶ - HUD mortgage insurance.¶ - HUD funding for a portion of a project.¶ III. How To Determine When A Nonfederal Action Has Been Federalized¶ - There are no clear standards for determining the point at which federal involvement transforms a nonfederal project into federal action. United States v. Southern Florida Water Management District, 28 F.3d 1563, 1572 (11th Cir. 1994). "The touchstone of major federal activity constitutes a federal agency's authority to influence nonfederal activity." Id.; Sierra Club v. Hodel, 848 F.2d 1068, 1089 (10th Cir. 1988); see 40 C.F.R. § 1508.18. Put another way, does the federal agency's involvement provide it with the ability to influence materially the environmental impacts of the planned non-federal activity?¶ - The Corps follows its own NEPA regulations. In 1980, the Corps published a version of regulations that did not specify how it should determine the scope of its NEPA analysis when issuing permits for actions combining both federal and nonfederal components. In the same year, the Fifth and Eighth Circuits decided to limit this scope to the federally controlled or regulated aspects of such projects. These immediately following Fifth and Eighth Circuit seminal cases addressed the "small handle" issue and provide the essential historical antecedents for the promulgation of the Corps' Scope of Analysis regulations, 33 C.F.R. § 325, App. B(7)(b) (1994).¶ - Winnebago Tribe of Nebraska v. Ray ("Winnebago"), 621 F.2d 269 (8th Cir. 1980). A nonfederal proposal was made to construct a 67-mile power line. Approximately 1.25 miles of the 67-mile power line would cross the Missouri River, triggering the need for a Corps Section 10 permit, pursuant to 33 U.S.C. § 403. Before issuing the permit, the Corps prepared an EA on the impact of the 1.25 mile river crossing. The EA concluded that there were no significant environmental impacts associated with the river crossing; thus, an EIS was not required.¶ Plaintiff then commenced a lawsuit, alleging noncompliance with NEPA because the Corps did not assess the environmental effects of the entire 67-mile power line. Plaintiff argued that without the Section 10 permit, the power line would not be built; therefore, the Corps had sufficient control over the proposal to require an environmental analysis of the entire transmission line project, which would undoubtedly require an EIS.¶ The District Court denied the plaintiff's request for a permanent injunction to bar the construction of the proposed power line. The plaintiff appealed from that decision, arguing, inter alia, that the District Court had erred in holding that the issuance of a Corps permit to cross the Missouri River was not a "major federal action" within the meaning of NEPA.¶ In reviewing the District Court decision, the United States Court of Appeals for the Eighth Circuit ("Court") employed both an "enablement" (or legal control) and a factual (or veto control) test in determining whether the Corps should have considered the environmental impacts of the entire project. The Court stated that in "enablement" cases, "federal action is a legal condition precedent to accomplishment of an entire nonfederal project." Id. at 272. The Court found that 33 U.S.C. § 403 was too narrow to be construed as a grant of legal control over the entire project.¶ The Court then looked to the Corps' factual, or veto control, over the project. In applying this test, it articulated three factors to aid in determining whether the Corps' factual control required an environmental assessment of the entire project:¶ (1) the degree of discretion exercised by the agency over the federal portion of the project;¶ (2) whether the federal government has given any direct financial aid to the project; and¶ (3) whether "the overall federal involvement with the project [is] sufficient to turn essentially private action into federal action."¶ Id. The Court stated that, although the Corps had broad discretion to assess environmental impacts, the discretion had to be exercised within the scope of the agency's authority. Under Section 10, the Corps had authority to consider the environmental impacts regarding only areas in and affecting navigable waters. Thus, the Corps had no authority to consider the environmental impacts of the entire proposed 67-mile power line. The Court also found that the federal government was not providing any direct or indirect funding for the project. Therefore, the Court of Appeals concluded that the Corps did not have sufficient control or responsibility to require an environmental assessment of the entire project.¶ - Save the Bay, Inc. v. United States Army Corps of Engineers ("Save the Bay"), 610 F.2d 322 (5th Cir. 1980). A nonfederal proposal to construct and operate a massive titanium dioxide manufacturing facility involved issuance of a Corps permit for the construction of a 2200-foot, 24" pipeline to discharge 2 million gallons per day of industrial wastewater into the Bay of St. Louis. The Corps prepared an EA, issued a Statement of Findings with the conclusion that there would be no adverse effects on air quality and only temporary effects on water quality, and issued the permit authorizing building the outfall pipeline.¶ Plaintiffs initiated a lawsuit, arguing that the grant of the pipeline construction permit was a "major federal action significantly affecting the quality of the human environment" and required preparation of an EIS. The District Court, however, concluded that the EA was reasonable and based on substantial evidence and that the Corps was not required to consider the environmental consequences of the entire project, but only the effects of the construction and maintenance of the outfall pipe. Thus, the District Court found that the activity was not a major federal action significantly affecting the quality of the human environment. Plaintiffs then appealed the district court decision. The United States Court of Appeals for the Fifth Circuit ("Court") held that issuance of the Corps permit for the outfall pipe was not a sufficient nexus between the Corps and the construction of the plant to make the agency a partner in such construction and thereby "federalize" its construction, i.e., the grant of the pipeline construction permit was not a "major federal action" within the meaning of NEPA. The Court found that, in granting the permit, the Corps was limited to considering the environmental effects of the construction and operation of the pipeline itself. The environmental consequences of the effluent were a factor to be excluded from the Corps consideration.¶ The Court also noted that the pipeline was not necessary to operate the plant; another method of discharge, not requiring a Corps permit, was available. Although disclaiming the adoption of a "but for" text, the Court found that there was insufficient federal involvement to "federalize" construction of the industrial plant.¶ - In 1984, the Corps proposed an amendment to its NEPA regulations that would have codified Winnebago and Save the Bay. The Administrator of the Environmental Protection Agency ("EPA"), pursuant to the Clean Air Act, 42 U.S.C. § 7609(a) (1982) must review proposed NEPA compliance regulations. The Administrator did not approve the Corps' amendment, and, therefore, the proposed regulation was referred to the Council on Environmental Quality ("CEQ"). 42 U.S.C. § 7609(b) (1982). On June 8, 1987, the CEQ approved the amendment subject to a few proposed modifications. 52 Fed. Reg. 225120-22 (1987). On February 3, 1988, the Corps revised and published the amendment; the revision adopted the CEQ's proposals. 53 Fed. Reg. 3120, 3121 (1988). This Corps regulation, set forth in pertinent part below, represents the most systematic effort to address the "small handle" issue:¶ - Corps Scope of Analysis: (1) In some situations, a permit applicant may propose to conduct a specific activity requiring a Department of the Army (DA) permit (e.g., construction of a pier in a navigable water of the United States) which is merely one component of a larger project (e.g., construction of an oil refinery on an upland area). The district engineer should establish the scope of the NEPA document (e.g., the EA or EIS) to address the impacts of the specific activity requiring a DA permit and those portions of the entire project over which the district engineer has sufficient control and responsibility to warrant Federal review.¶ (2) The district engineer is considered to have control and responsibility for portions of the project beyond the limits of Corps jurisdiction where the Federal involvement is sufficient to turn an essentially private action into a Federal action. These are cases where the environmental consequences of the larger project are essentially products of the Corps permit action.¶ Typical factors to be considered in determining whether sufficient "control and responsibility" exists include:¶ (i) Whether or not the regulated activity comprises "merely a link" in a corridor type project (e.g., a transportation or utility transmission project).¶ (ii) Whether there are aspects of the upland facility in the immediate vicinity of the regulated activity which affect the location and configuration of the regulated activity.¶ (iii)The extent to which the entire project will be within Corps jurisdiction.¶ (iv) The extent of cumulative Federal control and responsibility.¶ A. Federal control and responsibility will include the portions of the project beyond the limits of Corps jurisdiction where the cumulative Federal involvement of the Corps and other Federal agencies is sufficient to grant legal control over such additional portions of the project. These are cases where the environmental consequences of the additional portions of the projects are essentially products of Federal financing, assistance, direction, regulation, or approval (not including funding assistance solely in the form of general revenue sharing funds, with no Federal agency control over the subsequent use of such funds, and not including judicial or administrative civil or criminal enforcement actions).¶ B . . . .¶ C . . . .¶ (3) . . . . In any case, once the scope of analysis has been defined, the NEPA analysis for that action should include direct, indirect and cumulative impacts on all Federal interests within the purview of the NEPA statute. The district engineer should, whenever practicable, incorporate by reference and rely upon the review of other Federal and State agencies.¶ 33 C.F.R. § 325, App. B, § (7) (b) (1994).¶ The Corps regulations also provide certain examples of common permitting actions that may implicate the "small handle" issue. In Montrose Parkway Alternatives Coalition v. U.S. Army Corps of Engineers, 405 F.Supp.2d 587 (D. Md. 2005), the plaintiffs challenged the Corps' failure to prepare an EIS for a locally planned and financed highway project, for which a Corps permit was needed to fill 0.94 acres of federal wetlands. The Corps limited the scope of its Environmental Assessment to the area of filling and the area of roadway immediately on either side of it. In doing so the Corps relied on one of the examples in its regulations, which provide:¶ For those regulated activities that comprise merely a link in a transportation or utility transmission project, the scope of analysis should address the Federal action, i.e., the specific activity requiring a DA permit and any other portion of the project that is within the control or responsibility of the Corps of Engineers (or other Federal agencies).¶ For example, a 50-mile electrical transmission cable crossing a 1 1/4 mile wide river that is a navigable water of the United States requires a DA permit. Neither the origin and destination of the cable nor its route to and from the navigable water, except as the route applies to the location and configuration of the crossing, are within the control or responsibility of the Corps of Engineers. Those matters would not be included in the scope of analysis which, in this case, would address the impacts of the specific cable crossing.¶ 325 C.F.R. § 325, App. B, § 7(b)(3). The court held that the Corps' regulations were entitled to deference, and found that the case at issue resembled the example quoted. On the plaintiffs' motion for preliminary injunction, the court held that the Corps' regulations "expressly contemplate the appropriate scope of the Corps' environmental review for this type of construction and state that projects such as [this] are not federalized." 405 F.Supp.2d at 599. Thus, it held that the plaintiffs were unlikely to succeed on the merits of the action and denied the motion.¶ Judicial reliance on the Corps' regulations has also had the contrary result: nullification of the Corps' determination of the appropriate scope of analysis where it does not comport with the regulations. Ohio Valley Environmental Coalition v. United States Army Corps of Engineers ("Ohio Valley Environmental Coalition"), 479 F.Supp.2d 607 (S.D. W. Va. 2007), involved a mountaintop removal coal mining operation for which Corps approval was needed to fill streams in the adjacent valleys with mining overburden. The Corps limited the scope of its NEPA analysis to effects on the jurisdictional waters. The court held that while the actual mining portion of the project was properly excluded from the analysis, the Corps improperly failed to examine effects on the wooded valleys that were being filled along with the streams. The Court based its holding on one of the examples provided in the Corps regulations, which provides: "[i]f an applicant seeks a DA permit to fill waters or wetlands on which other construction or work is proposed, the control and responsibility of the Corps, as well as its overall Federal involvement would extend to the portions of the project to be located on the permitted fill." 33 CFR § 325, App. B § 7(b)(3).¶ Similarly, in Baykeeper v. U.S. Army Corps of Engineers, 2006 WL 2711547 (E.D. Cal. Sept. 20, 2006), the court invoked another example from the Corps' regulations in holding that the agency's NEPA analysis for a dredging project was inappropriately circumscribed. In that case, the Port of Stockton sought a Section 10 permit to dredge the berthing areas for two docks, which the Corps characterized as a "demonstration project" to help gauge the potential ecological impacts of dredging several other berthing areas, for the ultimate purpose of greatly expanding the Port's operations. In its NEPA assessment, the Corps only examined the effects of this initial phase of dredging. The court granted a preliminary injunction enjoining the dredging on the basis that the plaintiffs had shown a likelihood of success on the merits of their claim that the Corps should have assessed the impacts of the entire port expansion project.¶ One critical basis for the court's decision was another example in the Corps' regulations, providing:¶ [A] shipping terminal normally requires dredging, wharves, bulkheads, berthing areas and disposal of dredged material in order to function. Permits for such activities are normally considered sufficient Federal control and responsibility to warrant extending the scope of analysis to include the upland portions of the facility.¶ 33 C.F.R. § 325, App. B § 7(b)(3). The court additionally noted that EPA and the National Marine Fisheries Service, in commenting on the application, had requested that the Corps look at the entire project in one integrated analysis and that the Corps' own statements reflected the fact that the initial round of dredging was for the purpose of enabling the larger project (thus refuting the Corps' "post-hoc" assertion that the dredging activities had an independent utility).¶ The Ohio Valley Environmental Coalition court distinguished, on the basis of the magnitude of the fill involved, a case in which the court refused to hold the Corps to the "construction over filled areas" example, Sierra Club v. U.S. Army Corps of Engineers, 450 F.Supp.2d 503 (D.N.J. 2006). That case involved a large commercial development which would require filling of a total of 7.69 acres of dispersed wetlands (8% of the total project area). The Corps limited its NEPA analysis to impacts on the wetlands from the filling, and did not analyze the effects of the overall project or even those portions of the project that would be constructed on filled areas. The court upheld the Corps' FONSI against the plaintiff's argument that the Corps regulations themselves required such an analysis, holding:¶ Contrary to the Army Corps's interpretation and application of its own regulations, under Plaintiffs' interpretation a provision that is plainly set forth merely as an "example" would control the outcome in effectively all cases where a permit applicant proposes to conduct activities requiring a permit as a component of a larger project. Such an interpretation is contrary to the plain language of the regulations [which] require "careful analysis of all facts and circumstances surrounding the relationship."¶ Id., 450 F.Supp.2d at 518. While not relying on it as a factor in its decision, the court did note the fact that the project had already been subject to an extensive state EIS.¶ The CEQ regulations afford only limited guidance for determining the appropriate scope of analysis. They define "major Federal action" to include:¶ actions with effects that may be major and which are potentially subject to Federal control and responsibility. Major reinforces but does not have a meaning independent of significantly (§ 1508.27). Actions include the circumstance where the responsible officials fail to act and that failure to act is reviewable by courts or administrative tribunals under the Administrative Procedure Act or other applicable law as agency action.¶ (a) Actions include new and continuing activities, including projects and programs entirely or partly financed, assisted, conducted, regulated, or approved by federal agencies; new or revised agency rules, regulations, plans, policies, or procedures; and legislative proposals (§§ 1506.8, 1508.17). Actions do not include funding assistance solely in the form of general revenue sharing funds, distributed under the State and Local Fiscal Assistance Act of 1972, 31 U.S.C. 1221 et seq., with no Federal agency control over the subsequent use of such funds.¶ 40 C.F.R. § 1508.18 (1994). This definition has been found to be entitled to substantial deference. Save Barton Creek Ass'n v. Federal Highway Admin., 950 F.2d 1129, 1134 (5th Cir. 1992).¶ IV. Judicial Application Of Scope of Analysis Factors¶ - "Reasonably close causal relationship"¶ - Only environmental effects that have a "reasonably close causal relationship", akin to proximate cause in tort law, with the federal agency's determination need be considered in determining whether an EIS is needed. Those effects which the federal agency has no power to prevent are not "effects" of the federal action that would enter this analysis. Department of Transportation v. Public Citizen ("Public Citizen"), 541 U.S. 752, 124 S.Ct. 2204 (2004).¶ - "Enablement" or Legal Control v. Veto or Factual Control¶ - Enablement or legal control occurs when the federal action is a legal precedent to accomplishing the nonfederal project. Landmark West! v. United States Postal Service ("Landmark West!"), 840 F. Supp. 994 (S.D.N.Y. 1993), aff'd, 41 F.3d 1500 (2d Cir. 1994); Goos v. Interstate Commerce Commission, 911 F.2d 1283, 1294 (8th Cir. 1990); Natural Resource Defense Council, Inc. v. U.S. Environmental Protection Agency, 822 F.2d 104 (D. D.C. 1987). See also Ringsred v. Duluth, 828 F.2d 1305 (8th Cir. 1987) (no federal action was a legal condition precedent to construction of parking ramp next to Indian bingo facility).¶ - In cases involving issuance of a permit by the Corps pursuant to Section 10 of the Rivers and Harbors Act, 33 U.S.C. § 403, n1 the issuance of the permit cannot be construed to provide legal control over the entire project. Save Our Wetlands, Inc. v. Sands, 711 F.2d 634, 644 n.9 (5th Cir. 1983).¶ - The same analysis applies to cases involving issuance of a Corps permit pursuant to Section 404 of the Clean Water Act, 33 U.S.C. § 1344. Macht v. Skinner, 916 F.2d 13 (D.C. Cir. 1990) (where state light rail project required Section 404 permit to cross wetlands, Corps' ability to prevent the proposed route insufficient to federalize project, even coupled with additional federal funding for preliminary engineering studies and state EIS's).¶ - To determine whether the federal agency has veto or factual control over the nonfederal project, the judiciary has identified four somewhat overlapping factors:¶ - the degree of discretion exercised by the agency over the nonfederal portion of the project, Save Barton Creek Assoc. v. Federal Highway Admin., 950 F.2d 1129, 1134 (5th Cir. 1992);¶ - whether the federal government has given any direct financial aid to the nonfederal project, Save Barton Creek Assoc. v. Federal Highway Admin., 950 F.2d 1129, 1135 (5th Cir. 1992);¶ - where federal funding of a non-federal project is "active," or "programmatic," and provided in furtherance of a funding agency's goals, it is more likely to be accompanied by indicia of control sufficient to federalize, the project. Landmark West! ("Landmark West"), 840 F. Supp. 994, 1007 (S.D.N.Y. 1993), aff'd, 41 F.3d 1500 (2d Cir. 1994); San Francisco Tomorrow v. Romney, 472 F.2d 1021, 1022 (9th Cir. 1973) (HUD urban renewal loans and grants); Named Individual Members of San Antonio Conservation Society v. Texas Highway Dep't, 446 F.2d 1013, 1024-25 (5th Cir. 1971), cert. denied, 406 U.S. 933 (1972) possibility of future federal financial assistance does not enhance a funding agency's degree of control over the non-federal project for which it is providing funds. Save Barton Creek Ass'n v. Federal Highway (federal funding of over half the cost of a state highway project).¶ - The mere Administration, 950 F.2d 1129, 1135 (5th Cir. 1992), cert. denied, 505 U.S. 1220 (1992); Chick v. Hills, 528 F.2d 445, 448 (1st Cir. 1976) (HUD not required to evaluate future phases of project where there was no evidence it would participate further in the development); Touret v. National Aeronautics and Space Administration ("Touret"), 485 F.Supp.2d 38 (D.R.I. 2007) (even in combination with federal funding of 11% of the costs of construction of laboratory building, potential to attract federal research grants did not federalize the project). This has been held to be the case even where the project has been designed, under the advice of a federal agency, to preserve the option of federal funding. Village of Lincolnshire v. Illinois Department of Transportation, 2002 WL 276127 (N.D. Ill. Feb. 27, 2002). Cf. Maryland Conservation Council, Inc. v. Gilchrist ("Gilchrist"), 808 F.2d 1039 (4th Cir. 1986) (possibility of federal funding for highway project one element leading court to hold that project was federal action).¶ - An additional indicia of the extent of federal involvement is the proportion of federal funding to the overall cost of the project. Ka Makani 'Okohala Ohana Inc. v. Water Supply, 295 F.3d 955, 960 (9th Cir. 2002); see Touret, supra. chua¶ - whether the overall federal involvement with the project is sufficient to turn an essentially nonfederal action into a federal action. Landmark West!, 840 F. Supp. 994 (S.D.N.Y. 1993), aff'd, 41 F.3d 1500 (2d Cir. 1994); Goos v. Interstate Commerce Commission, 911 F.2d 1283, 1296 (8th Cir. 1990); Ringsred v. Duluth, 828 F.2d 1305 (8th Cir. 1987); Winnebago Tribe of Nebraska v. Ray, 621 F.2d 269, 272 (8th Cir. 1980); see 40 C.F.R. § 1500.6(c) (CEQ guidance indicates that a nonfederal project does not become a major federal action merely because there is some incidental federal involvement (52 Fed. Reg. 22517 (June 12, 1987)).¶ - whether the larger non-federal project will go forward even if the federal action does not occur. Sugarloaf Citizens Ass'n v. FERC, 959 F.2d 508 (4th Cir. 1992) (no federal "control" where the state authority could have "lawfully disregarded" certain FERC criteria and constructed its facility, albeit without obtaining certain FERC benefits); Sylvester v. United States Army Corps of Engineers, 884 F.2d 394, 400-401 (9th Cir. 1989) (although resort complex could not have been built as planned without federal wetlands permit for its golf course, because the resort could have gone forward without a golf course, need for the permit provided insufficient control to federalize the entire complex); Save the Bay, Inc. v. United States Army Corps of Engineers, 610 F.2d 322 (5th Cir.), cert. denied, 449 U.S. 900, 101 S. Ct. 269 (1980) (where alternative method of effluent discharge available which did not require Corps permit, the entire plant did not require federal environment review); Proetta v. Dent, 484 F.2d 1146, 1148 (2d Cir. 1973) (project not federalized where alternative non-federal funding available); Touret v. National Aeronautics and Space Administration, 485 F.Supp.2d 38 (D.R.I. 2007) (new research building was not a federal project despite federal funding used for its construction where university had planned to construct building before applying for federal funds). Technical consultation and funding doesn't federalize a project Paget 7 – JD, long and widely recognized as one of this country's leading practitioners of environmental law and litigation (David, ALI-ABA COURSE OF STUDY MATERIALS Environmental Impact Assessment: NEPA and Related Requirements Cosponsored by the Environmental Law Institute, Lexis)//BB The power to influence the outcome of a lawsuit by advocacy and negotiation is not synonymous with a federal agency's authority to exercise control over a nonfederal project that requires federal approval as a legal precondition to implementation… The rendering of advice and technical consultation to aid in the defense of the not federalize Settlement Agreement in legal proceedings does not significantly affect the environment and does the State activities. The possibility that federal funding will be provided in the future is not sufficient to federalize a state project , even when such funding is likely. A2: W/MT – Decreases federal surveillance data At best, Fusion centers integrate data – stopping integration doesn’t stop the surveillance Masse et al ‘7[Todd, Siobhan O’Neil, John Rollins, Specialist in Domestic Intelligence and Counterterrorism Domestic Social Policy Division, Analyst in Domestic Security and Intelligence Domestic Social Policy Division, Specialist in Terrorism and International Crime, “Fusion Centers: Issues and Options for Congress”, 4/6/2007, https://epic.org/privacy/fusion/crs_fusionrpt.pdf]//AK The value proposition for fusion centers is that by integrating various streams of information and intelligence, including that flowing from the federal government, state, local, and tribal governments, as well as the private sector, a more accurate picture of risks to people, economic infrastructure, and communities can be developed and translated into protective action. The ultimate goal of fusion is to prevent manmade (terrorist) attacks and to respond to natural disasters and manmade threats quickly and efficiently should they occur. As recipients of federal government-provided national intelligence, another goal of fusion centers is to model how events inimical to U.S. interests overseas may be manifested in their communities, and align protective resources accordingly. There are several risks to the fusion center concept—including potential privacy and civil liberties violations, and the possible inability of fusion centers to demonstrate utility in the absence of future terrorist attacks, particularly during periods of relative state fiscal austerity. Counterplans States CP 1nc Text: The relevant 50 state governments and territories should [insert plan text]. Solvency – Fusion Centers Fusion centers are predominantly funded by the STATE—federal grants not key to sustaining them. Rollins and Connors 7 [John Rollins, specialist in terrorism and international crime for the Congressional Research Service, Timothy Connors, senior manager at the Law Enforcement and Security Division of CAAS, director of the Center for Policing Terorrism at the Manhattan Institute, “State Fusion Center Processes and Procedures”, Manhattan Institute, September 2007, http://www.manhattaninstitute.org/pdf/ptr_02.pdf] MG Currently, the bulk of funding for fusion centers comes from state and local government. Since fusion centers are statewide assets and not exclusive to a particular agency, they should be funded as a separate line item in the state’s budget. According to a recent report by the Congressional Research Service: Annual budgets for the fusion centers studied for this report appear to range from the tens of thousands to several million (with one outlier at over $15 million). Similarly, the sources of funding differed significantly from center to center—as stated, some were entirely dependent on diverting funds from existing state and/or local funding streams, while others were largely funded by federal grants. Federal funding ranged from 0% to 100% of fusion center budgets, with the average and median percentage of federal funding approximately 31% and 21%, respectively. Thus, it appears that on the whole, fusion centers are predominantly state and locally funded.15 Wherever the sources of funding are derived, the authorized budget should align with the mission of the organization and the agreed-upon implementing strategies. Expectations of the state’s political and public safety leaders and anticipated customer desires must also be considered in the budget formulation process. Thus, the starting point for forming a budget is establishing or reviewing the center’s mission, implementing strategies, and determining leader and customer expectations. The objective of this analysis is to identify and prioritize what needs to be done to accomplish the mission and meet leader and customer expectations. Once that analysis is completed, sources of funding must be identified. These will include federal government grants, particularly from DHS and DOJ, contributions from sponsoring agencies,16 nonmonetary contributions from partner agencies (e.g., office space, computers, office equipment), grants and other contributions from nongovernmental organizations,17 and support from the business community. State government is typically responsible for funding remaining priorities. In light of the state’s sponsorship role, budget proposals should be presented to the state’s political leaders with funding specifics delineated to show the cause and effect of the budget being approved at differing levels. It is worth noting that federal government funding is not absolute and unending, so the budget should not become overly reliant upon these monies for future requirements. Federal funds are generally provided for the period requested with no guarantees of future grants. Programs initiated with federal funds will present sustainability risks if the program will not conclude in the time frame specified in the grant. It is prudent to develop alternative funding plans in these cases in advance of a crisis generated by the cessation of federal funding A2: States Can’t Close Fusion Centers Fusion centers are within STATE jurisdiction DHS 15 [Department of Homeland Security, “Fusion Center Locations and Contact Information”, 6/29/15, DHS.gov, http://www.dhs.gov/fusion-center-locations-andcontact-information] MG State and major urban area fusion centers (fusion centers) are owned and operated by state and local entities, and are designated by the governor of their state. In accordance with the Federal Resource Allocation Criteria (RAC) policy, which defines objective criteria and a coordinated approach for prioritizing the allocation of federal resources to fusion centers, the federal government recognizes these designations and has a shared responsibility with state and local governments to support the national network of fusion centers. The following includes the list of primary and recognized fusion centers (associated contact information). Primary fusion centers serve as the focal points within the state and local environment for the receipt, analysis, gathering, and sharing of threat-related information and have additional responsibilities related to the coordination of critical operational capabilities across the statewide fusion process with other recognized fusion centers. Furthermore, primary centers are the highest priority for the allocation of available federal resources, including the deployment of personnel and connectivity with federal data systems. State Funding T/off NB 1nc Cutting federal funding forces states to increase funding – trades off with other state programs – state funding inevitable absent the CP Monahan and Palmer 9 [Torin Monahan, director of the international surveillance studies network, associate editor of the Surveillance and Society academic journal, professor of communication studies, Neal A. Palmer, graduate student in community research, “The emerging politics of DHS fusion centers”, Security Dialogue, December 2009, http://publicsurveillance.com/papers/FC-SD.pdf] MG Unfunded mandates represent an additional criticism by state and local governments of fusion centers. Though federal funds have become increasingly available to establish and improve fusion centers, much of the onus of funding salaries for public- and private-sector analysts and other fusion center personnel rests with state and local authorities (Ebbert, 2005; Sheridan & Hsu, 2006). States and localities feel the need to cut budgets in other departments in order to fund fusion centers, even if threats of terrorism appear minimal, and this may weaken their ability to respond adequately to other crimes or maintain other socially necessary programs (Schmitt & Johnston, 2008; Belluck, 2004). If local and state agencies choose not to direct as much money to fusion centers, the fusion center may not operate at full strength (Hall, 2007). Ironically, then, inadequate funding at the federal level may mean that fusion centers cannot establish coordinated counter-terrorism activities throughout the country. [INSERT STATE IMPACT MODULE] FYI - List of State Fusion Centers *Use this evidence as factual proof that when federal government defunds Fusion Centers that these states will have to increase their contributions to keep centers open. List of fusion centers operating today DHS 15 – (Department of Homeland Security, “Fusion Center Locations and Contact Information,” July 23, 2015, http://www.dhs.gov/fusion-center-locations-andcontact-information)//RP Primary Fusion Centers • Alabama Fusion Center • Alaska Information and Analysis Center • Arizona Counter Terrorism Information Center • Arkansas State Fusion Center • California State Threat Assessment Center • Colorado Information Analysis Center • Connecticut Intelligence Center • Delaware Information and Analysis Center • Florida Fusion Center • Georgia Information Sharing and Analysis Center • Hawaii Fusion Center • Idaho Criminal Intelligence Center • Illinois Statewide Terrorism and Intelligence Center • Indiana Intelligence Fusion Center • Iowa Intelligence Fusion Center • Kansas Intelligence Fusion Center • Kentucky Intelligence Fusion Center • Louisiana State Analytical & Fusion Exchange • Maine Information and Analysis Center • Mariana Regional Fusion Center (Guam) • Maryland Coordination and Analysis Center • Massachusetts Commonwealth Fusion Center • Michigan Intelligence Operations Center • Minnesota Fusion Center • Mississippi Analysis and Information Center • Missouri Information Analysis Center • Montana Analysis & Technical Information Center • Nebraska Information Analysis Center • New Hampshire Information and Analysis Center • New Jersey Regional Operations Intelligence Center • New Mexico All Source Intelligence Center • New York State Intelligence Center • North Carolina Information Sharing and Analysis Center • North Dakota State and Local Information Center • Ohio Strategic Analysis and Information Center • Oklahoma Information Fusion Center • Oregon Terrorism Information Threat Assessment Network • Pennsylvania Criminal Intelligence Center • Puerto Rico National Security State Information Center • Rhode Island State Fusion Center • South Carolina Information and Intelligence Center • South Dakota Fusion Center • Southern Nevada Counter-Terrorism Center (Las Vegas, Nevada) • Tennessee Fusion Center • Texas Joint Crime Information Center • U.S. Virgin Islands Fusion Center • Utah Statewide Information and Analysis Center • Vermont Intelligence Center • Virginia Fusion Center • Washington Regional Threat and Analysis Center (Washington, D.C.) • Washington State Fusion Center • West Virginia Intelligence Fusion Center • Wisconsin Statewide Information Center Recognized Fusion Centers As the Federal Government respects the authority of state governments to designate fusion centers, any designated fusion center, including major urban area fusion centers, not designated as a primary fusion center is referred to as a recognized fusion center. • Austin Regional Intelligence Center; Austin, TX • Boston Regional Intelligence Center; Boston, MA • Central California Intelligence Center; Sacramento, CA • Central Florida Intelligence Exchange; Orlando, FL • Chicago Crime Prevention and Information Center; Chicago, IL • Cincinnati/Hamilton County Regional Terrorism Early Warning Group; Cincinnati, OH • Dallas Fusion Center; Dallas, TX • Delaware Valley Intelligence Center; Philadelphia, PA • Detroit and Southeast Michigan Information and Intelligence Center; Detroit, MI • El Paso Multi-Agency Tactical Response Information eXchange (MATRIX); El Paso, TX • Houston Regional Intelligence Service Center; Houston, TX • Kansas City Terrorism Early Warning Fusion Center; Kansas City, MO • Los Angeles Joint Regional Intelligence Center; Los Angeles, CA • Nevada Threat Analysis Center; Carson City, NV • North Central Texas Fusion Center; McKinney, TX • Northeast Ohio Regional Fusion Center; Cleveland, OH • Northern California Regional Intelligence Center; San Francisco, CA • Northern Virginia Regional Intelligence Center; Fairfax, VA • Orange County Intelligence Assessment Center; Orange County, CA • San Diego Law Enforcement Coordination Center; San Diego, CA • Southeast Florida Fusion Center; Miami, FL • Southeastern Wisconsin Threat Analysis Center; Milwaukee, WI • Southwest Texas Fusion Center; San Antonio, TX • Southwestern PA Region 13 Fusion Center; Pittsburgh, PA • St. Louis Fusion Center; St. Louis, MO CA Module SSI/SSP on chopping block -- its key to support millions of seniors and people with disabilities California Budget & Policy Center 15 – Organization dedicated to CA budget analysis (California Budget & Policy Center, “SSI/SSP and the Governor’s Proposed 2015-16 Budget: Recession-Era Cuts Remain in Place,” January 29, 2015, http://calbudgetcenter.org/blog/ssissp-and-the-governors-proposed-2015-16budget-recession-era-cuts-remain-in-place/)//RP During the dark days of California’s recent budget crisis, state policymakers had to make very tough choices about which critical public services to cut, and by how much. At the time, there was a general expectation around the state Capitol — and throughout California — that as the economy improved and revenues came back, policymakers would undo some or all of the reductions that they imposed during and following the Great Recession. While lawmakers and the Governor have begun to reinvest in important services and systems over the past couple of years, some key programs remain on the chopping block despite a growing state economy and higher revenues. This list includes one of California’s most important public supports for seniors and people with disabilities: SSI/SSP (the Supplemental Security Income/State Supplementary Payment program). SSI/SSP uses both federal (SSI) and state (SSP) dollars to provide modest monthly grants that are intended to help 1.3 million low-income Californians keep a roof over their heads and purchase food and other basic necessities. We described the state’s recession-era cuts to SSI/SSP cash assistance in a previous blog post. The bottom line is that state policymakers cut California’s portion of the grant from $568 to $396 for couples and from $233 to $156 for individuals. As a result, the maximum grant for individuals — currently $889 per month, including the federal SSI grant — amounts to just 90 percent of the federal poverty line. (In 2015, the poverty line for an individual is $11,770, or roughly $980 per month.) These state cuts undoubtedly increased hardship for vulnerable seniors and people with disabilities. Yet, they remain in place today, and the Governor proposes to maintain the state’s SSP grants at their current levels in 2015-16, the fiscal year that begins this coming July 1. Cutting the SSI/SSP would eliminate support to the elderly/disabled, putting them in further risk of homelessness or malnutrition. AHF 15 – Community organization dedicated to providing support to the most vulnerable (Alliance Healthcare Foundation, “The Great Struggle of Seniors Living on SSI and SSP in California,” June 2015, http://alliancehealthcarefoundation.org/the-great-struggle-of-seniors-living-on-ssiand-ssp-in-california/)//RP Right now, seniors relying on SSI and state supplementary payment (SSP) in California have incomes that are, on average, below $877 per month. As a frame of reference, the federal poverty level for a single person sits at $981 per month, and the state benefits come up over $100 short of that mark. There are approximately 1.3 million low-income seniors and people with disabilities living in California today, making this a serious problem statewide. These affected individuals need to pay for food, rent, transportation, utilities on this meager assistance program, but the state’s Supplemental Nutrition Assistance Program (SNAP, aka Food Stamps) is not available to them. This puts them in a serious bind! They need food, but their funds are already depleted due to the cost of living (in San Diego, fair market rent for a studio apartment is $964/month–more than the maximum benefits allowed!). The state cannot dole out any more assistance to help them make up the difference. This reality puts them at a serious risk of homelessness, malnutrition, and hunger. IL Module Regional Safe Schools program is on the chopping block SJR – State Newspaper (State Journal Register, “Regional Safe Schools program also on chopping block,” March 23, 2015, http://www.sjr.com/article/20150323/NEWS/150329795)//RP Regional Safe Schools is one of many popular state programs in jeopardy under Gov. Bruce Rauner’s proposed budget for the fiscal year that begins July 1, which aims to close a $6.2 billion gap between anticipated revenue and what's being spent this year. Rauner has called for a $300 million increase in overall K-12 funding, but to pay for it has also proposed no funding for a number of statewide education programs, including slashing the $6.3 million for the Regional Safe Schools initiative. The program serves more than 3,700 Illinois students from grades 6 through 12 who have been expelled or suspended from regular public schools. Created by legislation in 1997, the program offers a non-traditional setting for students and helps keep them on track to graduate, education officials say. A Rauner spokeswoman said in a statement that the governor discontinued the state grant to provide “more local control” to school districts, rather than appropriating the money directly to Regional Safe Schools. Districts can choose to use general state aid funds to place students in a Regional Safe School, the spokeswoman said. However, education officials say general state aid that schools could shift to the program isn’t enough to keep the doors open. In Sangamon County, Regional Superintendent Jeff Vose said his office receives a $90,000 state grant to supplement its program at the Capital Area Career Center, which serves 20 to 25 students per year from area schools other than in the Springfield School District, which has its own alternative program. Vose said his office also charges a $400 fee up front to participating schools and already receives the general state aid the home school would normally get for the student during the time he or she enrolls in the program. The state grant, which already had been cut by about 60 percent over the last decade, is needed to help pay a small staff and fund other expenses associated with running the program, he said. Regional Safe Schools program’s key to prevent higher school dropout rates Dal Santo 15 – Regional Superintendent of Schools, Illinois (Patricia Dal Santo, “Regional Schools Chief Warns of Danger if Illinois Regional Safe Schools Program Cut,” March 3, 2015, http://www.rebootillinois.com/2015/03/03/editorspicks/pat-dal-santo/regional-schools-chief-warns-of-danger-if-illinois-regionalsafe-school-program-cut/34033/)//RP The Regional Safe School Program was created nearly 20 years ago to provide a safety net of alternative education for students removed from classes for disruptions. More than 4,000 students around the state in approximately 80 RSSP program sites get another chance to earn an education in a supportive, individualized learning environment. So many students use their new opportunity to improve behavior, attend class more regularly, complete their coursework and either return to their home school to graduate or receive their GED here. The counseling and life-skills training they receive in the safe schools turns around their lives for the better. Where will these students go without a safe school alternative? What will administrators and teachers do when behavior problems disrupt classes and create dangerous situations? We need to work with the governor and legislators this spring to keep safe schools in place for all students to succeed. As we join with other school administration organizations to support the Vision 20/20 push for a brighter future for Illinois schools from the inside, regional superintendents of schools are an important part of the solution for the problems that must be addressed now. At 150, we are energized and prepared for the work ahead. AK Module Alaska’s crop program is on chopping block. DeMarban 15 – Writer for Alaska Dispatch News (Alex Demarban, “Farm to School program falls onto Alaska budget chopping block,” April 1, 2015, http://www.adn.com/article/20150401/farm-school-program-falls-alaska-budgetchopping-block)//RP A small state program that supporters call "wildly successful" and has helped Alaska schools win grants to grow their own crops and purchase food from local farmers probably won’t survive the Legislature’s budget ax. But Alaska Farm to School -- on track to lose all its state funding as lawmakers are making cuts to reduce a $3.5-billion budget hole -- just might live on in diminished form. State managers say they’ll try to win federal funds to pay for the program’s two positions, temporarily keeping it alive for perhaps another year or longer. Supporters are hopeful. With an annual budget of $180,000, the effort has sparked something of a surge in educational agriculture in Alaska, with school greenhouses and gardens growing from 103 to 146 the last two years, according to the program’s census. By offering small grants as seed money and expertise to attract larger grants from other agencies, Alaska Farm to Schools, launched in 2010, has helped bring about unique efforts in Alaska communities, according to supporters. Those include a commercial-sized greenhouse at a school in Tok, a hydroponic farm in a refrigerator van that can be shipped to rural communities, and a Thorne Bay school greenhouse that produces veggies sold at local businesses, supporters say. Advocates -- and there are many -- say the program has led to new teaching opportunities, put fresh veggies in remote school cafeterias, and provided an economic boost for student groups and farmers. With Alaska importing most of its food from the Lower 48, they say, it has also helped the state take steps to become more “food secure” by teaching students about local alternatives. “They have done fabulous work,” said Anupama Joshi, head of the National Farm to School Network that’s trying to expand the nation’s growing farm-to-school movement. Joshi said the Alaska program set an example for other states by pioneering the use of mini-grants -- $3,000 or less -- to generate other funds. Despite the widespread support, it's uncertain whether Alaska Farm to School will survive. Alaska Department of Natural Resource officials say they’re pretty certain they can get federal funding for at least one position. But they caution there’s no guarantee. Letting the program disappear would be a big mistake, said Jason Hoke, executive director of the Copper Valley Development Association. Farm to School program key to sustainable food system in Alaska. Synder et al 15 – Professor at the University of Alaska Anchorage, Co-Chair of the Alaska Food Policy Council, and former Co-Chairs. (Liz Snyder, Victoria Briggs, and Lisa Sadlier-Hart, “Farm-to-School program is a wise investment; keep it off chopping block,” March 11, 2015, http://www.adn.com/article/20150311/farmschool-program-wise-investment-keep-it-chopping-block)//RP 1. Alaskans spend $1.5 BILLION dollars on imported food each year. 2. Only 5-10 percent of food consumed is produced or harvested in state, but great swaths of arable land remain uncultivated. 3. About 15 percent of Alaska households are food insecure. 4. Alaskans spend about $450 million dollars on treating diet-related medical conditions. 5. We have a population that is largely disconnected from the food system -- most kids can’t tell you what lies beneath the frilly green of a carrot top coming out of the soil. These figures might sound gloomy, but they highlight the immense opportunity that we have to become healthier, wealthier and more food secure. What if we spent that $1.5 billion on Alaska-grown products and kept that money in local economies? What if we produced more healthy foods in quantities that could meet the demands of our school cafeterias? What if we provided our children with the tools and knowledge necessary to make healthy food choices and maintain a healthy weight? We already have a key mechanism to achieving these goals -- it’s the Farm to School Program. The Farm to School Program helps to prioritize getting locally produced, healthy goods into cafeterias; raise a generation of food leaders and smart consumers; and create a large, reliable market for increased in-state food production. In three short years, the number of Alaska school districts involved in Farm to School has grown from zero to 68 percent. There’s been an 11 percent increase in school gardens statewide. All of Alaska's school districts are now serving at least one local food item in their meal programs and there’s still tremendous room for growth. In five years, the program has leveraged over $1 million from partner agencies. This is just the short list of accomplishments. All of this and more has been achieved with an annual budget of about $190,000. Talk about bang for your buck! If the Legislature eliminates or cuts funding to the Farm to School Program, they aren’t cutting the fat out of the budget. They are cutting the carrots, the potatoes, the greens and even the local fish out of your children’s lunches, and they’re cutting supports necessary to expand in-state production. We implore the Legislature not to eliminate or reduce the funding for our Farm to School Program. It is an incredibly efficient use of a small amount of funds that has proven itself over the past five years and is one of the shining pillars of a state food system that is becoming stronger, more sustainable and more resilient. Don’t let the Legislature undo our current progress, and don’t let it stand in the way of what more can be done. Oversight CP 1nc Text: The United States federal government shall oversee surveillance tactics initiated through FUSION CENTERS per the Citron and Pasquale evidence recommendations. CP is mutually exclusive -- it picks out of “any and all” language of plan text CP can solve for fusion center overreach that the plan claims to solves – their solvency authors prove Citron and Pasquale, ‘11 [Danielle Keats, professor at University of Maryland school of Law, Frank Pasquale, professor at Seton Hall University School of Law, “Network Accountability for the Domestic Intelligence Apparatus”, http://goo.gl/Edpe8k, Hastings Law Journal, Vol. 62, 1442, 2011] //JM A new domestic intelligence network has made vast amounts of data available to federal and state agencies and law enforcement officials. The network is anchored by "fusion centers," novel sites of intergovernmental collaboration that generate and share intelligence and information. Several fusion centers have generated controversy for engaging in extraordinary measures that place citizens on watch lists, invade citizens' privacy, and chill free expression. In addition to eroding civil liberties, fusion center overreach has resulted in wasted resources without concomitant gains in security. While many scholars have assumed that this network represents a trade-off between security and civil liberties, our study of fusion centers suggests these goals are, in fact, mutually reinforcing. Too often, fusion centers' structure has been based on clever legal strategies for avoiding extant strictures on information sharing, rather than on objective analysis of terror threats. The "information sharing environment" created by fusion centers has shortcircuited traditional modes of agency accountability. Our twentieth-century model of agency accountability cannot meaningfully address twenty-first-century agency coordination. A new concept of accountability - "network accountability" - is needed to address the shortcomings of fusion centers. Network accountability has technical, legal, and institutional dimensions. Technical standards can render data exchange between agencies in the network better subject to review. Legal redress mechanisms can speed the correction of inaccurate or inappropriate information. A robust strategy is necessary to institutionalize these aspects of network accountability. Nevertheless, domestic intelligence is daily generated and shared. n5 Federal agencies, including the DHS, gather information in conjunction with state and local law enforcement officials in what Congress has deemed the "information sharing environment" ("ISE"). n6 The ISE is essentially a network, with hubs known as "fusion centers" whose federal and state analysts gather and share data and intelligence on a wide range of threats. The network's architects have assured congressional panels, journalists, and concerned citizens that interagency communications accord with relevant laws and that information gathering is targeted and focused. n7 They claim that fusion centers raise few new privacy concerns, n8 and that any privacy problems are well in hand. n9 They reason that any [*1444] given fusion center employee must simply follow the privacy and civil liberties policy of his or her employer - be it a local, state, or national agency.n10 DHS and local fusion center leaders claim their network only menaces criminals and terrorists, not ordinary citizens. n11 Unfortunately, a critical mass of abuses and failures at fusion centers over the past few years makes it impossible to accept these assurances at face value. Fusion centers facilitate a domestic intelligence network that collapses traditional distinctions between law enforcement and foreign wars, between federal and state authorities, and between government surveillance and corporate data practices. By operating at the seams of state and federal laws, they circumvent traditional accountability measures. Inadequate oversight of fusion centers has led to significant infringements on civil liberties. Years after they were initiated, advocates of fusion centers have failed to give more than a cursory account of the benefits they provide. Were fusion center abuses consistently associated with anti-terror accomplishments, the new ISE might pose a tragic, yet necessary, choice between security and liberty. However, a critical mass of cases, explored in detail in Part I, suggests that the lack of oversight of fusion centers is both eroding civil liberties and wasting resources. Consider two recent cases. In 2008, Minnesota law enforcement, working with the state's fusion center, engaged in intelligence-led policing to identify potential threats to the upcoming Republican National Convention ("RNC"). n12 Police deployed infiltrators to report on political groups and tapped into various groups' information exchanges. n13 The fusion center spent more than 1000 hours analyzing potential threats to the RNC. n14 A fusion center report, distributed to more than 1300 law enforcement officers, identified bottled water, first-aid supplies, computers, and pamphlets as potential evidence of threats. n15 Another report warned law enforcement that demonstrators would "collect and stockpile items at various locations ... . Anything that seems out of place [*1445] for its location could indicate the stockpiling of supplies to be used against first responders." n16 Because the fusion center had advised police to be on the lookout for feces and urine that protestors might attempt to throw during clashes on the street, police pulled over a bus after noticing that it contained two five-gallon buckets in the rear. n17 What they found was chicken feed, not feces. n18 Days later, at the convention, police arrested 800 people: Most of the charges were dropped or downgraded once prosecutors reviewed the police allegations and activity. n19 Ginned up to confront a phantom terror threat, the fusion center-led operations did little more than disrupt a peaceful political protest. Fusion center overreach is not limited to Minnesota or notable events like those involving RNC. Over a nineteen-month period in 2004 and 2005, Maryland state police conducted surveillance of human rights groups, peace activists, and death penalty opponents. n20 As a result, fifty-three nonviolent political activists were classified as "terrorists," including two Catholic nuns and a Democratic candidate for local office. n21 A Maryland fusion center shared the erroneous terrorist classifications with federal drug enforcement and terrorist databases, as well as with the National Security Administration (NSA). n22 The ISE has yet to provide a systematic redress mechanism to remove misinformation from databases spread throughout the networked environment or to address the stigma that can result from misclassifications. Had the ACLU of Maryland not fortuitously discovered the fusion center's activities in connection with an open records request, the political activists might have remained on these watch lists. In response to these and other similar incidents, Bruce Fein, an associate deputy attorney general under Ronald Reagan, argued that fusion centers conceive the business of gathering and sharing intelligence as "synonymous with monitoring and disparaging political dissent and association protected by the First Amendment." n23 A fusion center official confirmed Fein's concern by noting: [*1446] You can make an easy kind of a link that, if you have a protest group protesting a war where the cause that's being fought against is international terrorism, you might have terrorism at that protest. You can almost argue that a protest against [the war] is a terrorist act. n24 If a domestic intelligence agency conducted such outrageous surveillance of innocent political activists, ordinary institutions of oversight familiar from administrative law - such as judicial review and cost-benefit analysis - could directly address the problem. n25 Yet misdirected surveillance remains a concern, because it is unclear who exactly is responsible for these abuses - state and local police or federal funders of fusion centers? The structure of the ISE poses important new challenges to administrative law, a body of law built to address actions of individual agencies rather than the interactions of a network of agencies. Since it focuses on individual agencies, traditional administrative law is ill-equipped to assure a network's accountability. Participants in fusion centers have often attempted to shift blame for their shortcomings. DHS officials insist that state and local authorities are ultimately responsible for fusion center activities, even as they distribute grants and guidelines that shape fusion center activity. n26 As state and municipal budgets contract due to declining tax revenues and fiscal retrenchment, local officials may feel pressed to feed information and find threats in order to maintain the flow of federal funding. There are many reasons to worry about the types of influence and information exchange this relationship betokens. Unlike centralized programs to which the privacy and civil liberties community could rapidly respond, fusion centers are diffuse and difficult to monitor. More a network than an institution , fusion centers have so far evaded oversight from watchdogs focused on traditional law enforcement institutions. n27 This Article examines the new ISE, in which privacy invasions, chilled speech, and costly distractions from core intelligence missions increasingly emanate from dysfunctional transactions within networks of agencies rather than from any particular entity acting unilaterally. We argue that basic administrative law principles of due process should apply just as forcefully to agency interactions as they do to agency actions. Certain exchanges of information between agencies should be monitored, even in a general environment of openness and collaboration. [*1447] The argument proceeds as follows: Part I offers a comprehensive description of fusion centers, based on a wide range of primary and secondary sources and litigation materials. Part II critiques the current operations of fusion centers, concluding that the centers have eroded privacy and civil liberties without concomitant gains in security. Fortunately, officials at the DHS (the main agency funding fusion centers) have begun to realize the scope of these problems, as we describe in Part III.A. They are even beginning to recognize one of the central arguments of this piece: that liberty and security are mutually reinforcing, because nearly all the problematic abuses at fusion centers are distractions from their central anti-crime and anti-terror missions. However, there are still critical shortcomings in DHS oversight of fusion centers, as we demonstrate in III.B: The agency is trying to apply a twentieth-century model of agency accountability to twenty-first-century interagency coordination. The solution, we argue in Part IV, is network accountability: technical and legal standards that render interactions between the parts of the ISE subject to review and correction. n28 We advance protocols for auditing fusion center activities, including "write-once, read-many" technology and data integrity standards. Legal redress mechanisms for inaccurate or inappropriate targeting can be built on this foundation of data. Finally, in Part V, we promote standards of interagency governance designed to hold the ISE accountable. Without objective performance standards, fusion centers may consume an ever larger share of our security and law enforcement budget without demonstrating their worth. Advances in interagency governance in other fields suggest new paths for network accountability in the context of fusion centers. As they are presently run, fusion centers all but guarantee further inclusion of innocents on watch lists and wasteful investigation of activists with no connections to crime or terrorism. n29 Fusion centers' actions inconvenience both civilians and law enforcers, unfairly tarnish reputations, and deter legitimate dissent. In this Article, we propose a framework for identifying and preventing future abuses . Principles of open government inform our analysis throughout. A policy of de facto total information awareness by the government should be complemented [*1448] by increasing accountability - specifically, the network accountability we define and defend in this Article. Solvency – Civil Liberties Oversight of Fusion Centers is key to protect civil liberties and uphold the first amendment. Levin and Coburn, ‘5 – Committee on Homeland Security and Governmental Affairs (Carl Levin and Tom Coburn M.D., United States Senate, “FEDERAL SUPPORT FOR AND INVOLVEMENT IN STATE AND LOCAL FUSION CENTERS,” PERMANENT SUBCOMMITTEE ON INVESTIGATIONS)//JM Congress should clarify the purpose of providing federal monetary and other support for DHS’s fusion center efforts. The Subcommittee’s investigation could not verify that the statutory basis for DHS’s involvement in fusion centers – to strengthen federal counterterrorism efforts – was reflected in the department’s efforts. Congress should require DHS to conform its efforts to match its counterterrorism statutory purpose, or redefine DHS’s fusion center mission. DHS should reform its intelligence reporting efforts at state and local fusion centers to eliminate duplication. DHS reporting from fusion centers duplicates – often poorly – better intelligence-sharing processes undertaken by other agencies. The Joint Terrorism Task Forces receive threat-related information; the National SAR Initiative shares suspicious activity reports from state and locals; and the Terrorist Screening Center gathers information on state and local officials’ interactions with individuals in the National Counter Terrorism Center’s TIDE database. DHS should improve its training of intelligence reporters. DHS must ensure that any DHS personnel engaged in reporting intelligence information from within the United States be adequately trained and certified to prevent violations of U.S. law or DHS guidelines, policy or regulations. DHS should strictly align fusion center grant funding to meet federal needs. When FEMA gives states and cities grant funds for a fusion center, it should not allow those dollars to be spent on items that do not directly contribute to improving the fusion center’s abilities to contribute to its federal mission of counterterrorism. DHS should track how much money it gives to each fusion center. FEMA should identify how much money it grants to states and urban areas for direct or indirect support of each individual fusion center, and report those amounts annually to Congress. PM-ISE should evaluate fusion center capabilities and performance. At the request of DHS, the Program Manager for the Information Sharing Environment (PM-ISE) in the Office of the Director of National Intelligence conducted a national assessment of fusion center capabilities that produced useful findings, and PM-ISE should use that model to conduct future evaluations. In addition, it should begin to evaluate fusion centers’ performance as participants in federal counterterrorism information-sharing efforts. DHS should link funding of each fusion center to its value and performance. Granting funds for state and local fusion center efforts year after year, without expecting or even examining the results received from previous grants, provides no mechanism to ensure federal taxpayers receive a return on their investments. DHS should timely disclose to Congress significant problems within its operations. Serious issues plagued DHS fusion center efforts for years, yet officials were reluctant to share them with Congress. Even when asked about these problems, DHS avoided 107 acknowledging the problems, initially withheld documents, and repeatedly resisted Subcommittee requests, which unnecessarily prolonged the Subcommittee investigation. DHS should align its practices and guidelines to protect civil liberties, so they adhere to the Constitution, federal law, and its statutory mission. DHS should strengthen its protections to prevent DHS personnel from improperly collecting and retaining intelligence on Constitutionally protected activity. It should not retain inappropriate and illegal reporting. It should strictly enforce policies, and hold all of its employees to the highest standards, including by promptly barring poorly performing personnel from issuing domestic intelligence reports involving Americans. Oversight CP: ER NB 1nc Fusion centers key to emergency response – networking necessary for prevention and response Masse and Rollins 7 [Todd Masse, Specialist in domestic intelligence and counterterrorism domestic social policy, John Rollins, Specialist in Terrorism and International Crime Defense, “A Summary of Fusion Centers: Core Issues and Options for Congress”, Congressional Research Service, 9/19/07, https://www.fas.org/sgp/crs/intel/RL34177.pdf] MG Many of the “first-wave” centers, those created soon after 9/11, were initially solely focused on counterterrorism. Today, less than 15% of the fusion centers interviewed for this report18 described their mission as solely counterterrorism. Since their inception, many counterterrorism-focused fusion centers have expanded their mission to include all-crimes and/or all-hazards. Sometimes this shift is official, for others it is de facto and reflected in the day-to-day operations of the center, but not in official documentation. This shift toward an allcrimes and/or all-hazards focus can be explained by several factors, to include desire to conform to what they see as a national trend, the need for local and non-law enforcement buy-in, and the need for sustainable resources. Approximately 40% of fusion centers interviewed for this report describe their center’s mission as “all-crimes.” However, some fusion centers are concerned with any crime, large or small, petty or violent, while others are focused on large-scale, organized, and destabilizing crimes, to include the illicit drug trade, gangs, terrorism, and organized crime, which one center deemed a “homeland security focus.” A little more than 40% of fusion centers interviewed for this report describe their center as “all-hazards”as well as allcrimes. It appears as if “all-hazards” means different things to different people — for some, all-hazards suggests the fusion center is receiving and reviewing streams of incoming information/intelligence from agencies dealing with all-hazards, to include law enforcement, fire departments, and emergency management. To others, all hazards means that representatives from the aforementioned array of public sectors are represented in the center and/or considered partners to its mission. all-hazards At some centers, denotes the entity’s mission and scope — meaning the fusion center is responsible for preventing and helping to mitigate both manmade events and natural disasters. For others, “all-hazards” indicates both a preevent prevention role as well as a post-event response, and possibly recovery, role. Coordinated response systems key to solve disease threats Merianos 7 [Angela Merianos, alert and response operations consultant in the Department of Epidemic and Pandemic Alert and Response of the World Health Organization, “Surveillance and Response to Disease Emergence,” Springer-Verlag Berlin Heidelberg, international science and medical publisher, 2007, http://download.springer.com/static/pdf/910/chp%253A10.1007%252F978-3-540-709626_19.pdf?originUrl=http%3A%2F%2Flink.springer.com%2Fchapter%2F10.1007%2F978-3-540-709626_19&token2=exp=1438011674~acl=%2Fstatic%2Fpdf%2F910%2Fchp%25253A10.1007%25252F978-3-540-709626_19.pdf%3ForiginUrl%3Dhttp%253A%252F%252Flink.springer.com%252Fchapter%252F10.1007%252F978-3-54070962-6_19*~hmac=19cdf23bf2d37ce8fc173b06c01bf1c04a4aa8f54c431a04531362522654b0fc] MG Preparedness planning for disease emergence usually involves some form of risk assessment to assess the likelihood of infection and disease, and the impact on susceptible populations. In the context of emerging zoonoses, comprehensive risk assessments are needed to identify the animal–human and animal–animal interfaces where transmission of infectious agents occurs and risk reduction interventions are feasible (see the chapter by Cleaveland et al., this volume). Surveillance and Response to Disease Emergence 489 As wildlife is important in the epidemiology of many, if not most, zoonoses, wildlife should be taken into account in the risk analysis framework (Kruse et al. 2004). Health risk assessments for emerging zoonotic diseases should be undertaken whenever possible in the context of developmental projects that have ecological impacts and are likely to bring people into greater contact with wildlife (see the chapter by Daszak et al., this volume). Assessing the risk of spillover events (Daszak et al. 2000) among species requires an understanding of the behaviour and ecology of emerging pathogens and the complex interactions between the agent, its natural reservoir(s), the behaviour of humans or animals susceptible to infection, and the ecosystems in which they interact. It is becoming increasingly apparent that bats are the reservoirs for a number of pathogenic viruses (Calisher et al. 2006; Field et al. 2004; see the chapter by Field et al., this volume), including rabies (Warrell and Warrell 2004; see the chapter by Nel and Rupprecht, this volume), the Australian bat lyssavirus (Fraser et al. 1996; Field et al. 1999, 2004; Gould et al. 2002; Warrell and Warrell 2004), henipaviruses (Eaton et al. 2006), SARS-like coronaviruses (Li et al. 2005), and Ebola virus (Leroy et al. 2005; see the chapter by Gonzalez et al., this volume), and are considered candidate reservoirs for Marburg virus (Leroy et al. 2005; see the chapter by Gonzalez et al., this volume). Other taxa may also prove to have co-evolved with a variety of viruses pathogenic for humans limited knowledge of these relationships, especially for wildlife diseases, makes the risk assessment of spillover particularly difficult (Polley 2005), thereby also limiting our ability to design interventions that will reduce opportunities for interspecies transmission. Data to inform risk assessments, especially in less developed countries, are often lacking or unreliable, and some risk models have therefore extrapolated the results obtained from data collected in developed countries (FAO 2004). Accordingly, and animals (Peterson et al. 2004). For some emerging zoonoses, differences between countries and regions in the risk parameters used to develop the model need to be considered in designing and implementing surveillance and diagnostic systems for emerging diseases and risk reduction strategies. Some of these data are routinely collected or arise from research conducted in the human health, agriculture and wildlife sectors. In some countries, national livestock databases designed to increase the safety and traceability of livestock products are potentially valuable sources of data and are being used to strengthen veterinary epidemiology and economic analysis (James 2005). Livestock data which can be used for epidemiological purposes include movement records, animal health program data, quality assurance schemes, production records and breeding records. Insufficient work has gone into collating and triangulating data from these various sources to build an integrated and dynamic picture of the evolution of emerging zoonoses. The potential applications of integrated human, livestock 490 A. Merianos and wildlife data include developing a better understanding of the descriptive epidemiology of emerging zoonoses, improved risk and decision analysis, and mathematical models to inform policy development and disease control management in all sectors. Using cartographic and geostatistical methods during epidemiological investigations can provide real-time quantitative data for identifying and tracking the geospatial spread of infectious diseases (Lai et al. 2004). 3 Mechanisms for Surveillance and Response to Emerging Zoonoses Factors that drive disease emergence in human, livestock and wildlife populations are increasingly the result of human activity, and include changes to global ecology and climate, land use, animal husbandry and food production The impact of emerging diseases can be minimised through a well-prepared and strong public health system and similar systems developed by the livestock, wildlife and food safety sectors. To respond to emerging zoonoses effectively, practices, air travel and the globalisation of trade (see the chapter by Childs et al., this volume). preparedness plans, early warning systems and response capacity must be strengthened and implemented in a coordinated way across all sectors . To meet the global challenge that emerging disease outbreaks present, the International Health Regulations (IHR) (WHO 2005a; Merianos and Peiris 2005) provide a legal framework for the international public health response to control cross-boundary infectious diseases. The purpose and scope of the revised IHR “are to prevent, protect against, control and provide a public health response to the international spread of disease in ways that are commensurate with, and restricted to, public health risks and which avoid unnecessary interference with international traffic and trade.” The IHR (2005) explicitly recognise the need for intersectoral and multidisciplinary cooperation in managing risks of potential international public health importance. The IHR include a decision algorithm to assist countries in determining whether an outbreak or other unusual disease event may constitute a threat to international public health. National health authorities are required to report to the World Health Organization in the event of the following: smallpox, wild type poliovirus, human influenza (new subtype) and SARS; any event of potential international public health concern; and known epidemic-prone diseases that have the potential to spread internationally or threaten trade (e.g. cholera, plague, viral haemorrhagic fevers and West Nile fever). Surveillance and Response to Disease Emergence 491 In 2000, the WHO Department of Communicable Diseases Surveillance and Response in Geneva, Switzerland, initiated the formation of the Global Outbreak Alert and Response Network (GOARN) (WHO 2000), which provides the operational and technical response arm for the control of global outbreaks. Since April 2000, GOARN has played a key role in providing support to outbreak investigations in countries seeking assistance. Technical cooperation includes the provision of multidisciplinary field teams to assist in outbreak investigation and control, laboratory diagnosis and verification, clinical case management, and the delivery of vaccines and other therapeutic agents, equipment and logistics. Recent GOARN responses to diseases of zoonotic origin include multiple outbreaks of SARS and highly pathogenic avian influenza (A/H5N1) in humans, Ebola and Marburg haemorrhagic fevers, Nipah virus disease, plague and Rift Valley fever. In response to the profound effects of emerging zoonoses such as Nipah virus, SARS and human cases of influenza A/H5N1 in the Asia Pacific Region, countries of the region in collaboration with the WHO South-East Asia and Western Pacific Regional Offices have adopted the Asia Pacific Strategy for Emerging Diseases (WHO 2005b). The Strategy aims to minimise the health, economic and social impact of emerging diseases through a targeted program of capacity building for public health surveillance and outbreak response in accordance with the core requirements of the IHR. Similar strategies are being implemented through a variety of public health networks in other WHO regions. Reducing the risk of diseases acquired from animals is a key objective of the Asia Pacific Strategy, which describes a broad, multinational, and multisectoral approach over the medium to long term. Success in the prevention and control of emerging zoonoses will require close collaboration between local and national health, agriculture, wildlife and food safety authorities in parallel with risk reduction activities involving international organisations such as WHO, FAO and OIE. The quality of pathogen surveillance in animals varies greatly among countries and typically does not include wildlife (Kuiken et al. 2005; see the chapters by Childs et al. and by Stallknecht, this volume). The Terrestrial Animal Health Code (2005) (OIE 2005b) aims to assure the sanitary safety of international trade in terrestrial animals and their products through health measures to be used by national veterinary authorities to avoid the transfer of agents pathogenic for animals or humans, while avoiding unjustified sanitary barriers. The Terrestrial Code states that “countries shall make available to other countries, through the OIE, whatever information is necessary to minimise the spread of important animal diseases and to assist in achieving better worldwide control of these diseases”. The Terrestrial Code lists procedures for the international reporting of diseases, ethical rules for international trade, certification and animal welfare, the principles of import risk analysis, and the organisation of 492 A. Merianos import and export procedures. There are a large number of notifiable animal diseases under international surveillance: anthrax, bovine spongiform encephalopathy, bovine tuberculosis, brucellosis, Crimean Congo haemorrhagic fever, highly pathogenic avian influenza, hydatid disease, Japanese encephalitis, leptospirosis, Nipah virus encephalitis, Q fever, Rift Valley fever, Salmonella enteritidis and S. typhimurium in poultry, screwworm, trichinellosis, tularaemia, and West Nile fever have the potential to cause human disease. National disease control requirements under the Terrestrial Code identify the need for a formal and ongoing system for detecting and investigating outbreaks of disease, procedures for the rapid collection and transport of clinical specimens, laboratory investigation guidelines for diagnostic quality assurance and a system for recording, managing and analysing diagnostic and surveillance data. In addition, the Terrestrial Code makes recommendations for the standardised monitoring of antimicrobials used in animal husbandry to evaluate usage patterns by animal species, antimicrobial class, potency and type of use in order to evaluate antimicrobial use and detect the emergence of resistance. Antimicrobial resistance may also have implications for antimicrobial efficacy in human health and in wildlife. Agricultural pests and diseases may spread across borders or be introduced through travel, trade and the illegal trafficking of animals. Infectious agents can cause disease control emergencies, especially in developing countries with limited response capacity, and may result in major economic losses. On occasion, extensive emergency operations with international assistance become necessary particularly if detection and response are delayed. In 1994, the FAO established an Emergency Prevention System (EMPRES) for Transboundary Animal and Plant Pests and Diseases (FAO 2005) in order to minimise the risk of such emergencies developing. EMPRES has four main components – early warning, early reaction, co-ordination and applied research – and all are integral to preparedness planning for emerging infectious diseases. All countries should participate in regional, and where possible, global surveillance and diagnostic networks for human, livestock and wildlife health, and enable the sharing of information to characterise risk, prevent disease spread, and enhance control efforts. To be most effective, preparedness planning for emerging zoonoses requires a whole-of-government approach, clear command, control and coordination structures across the health, agriculture and wildlife sectors, and appropriate funding of the human health and veterinary services for their disease alert and response operations. Opportunities for shared training and involvement in multi-sectoral outbreak simulations should be identified to test operational communications, networking and partnerships, and to identify gaps in preparedness across the various sectors. Countries should define the criteria (trigger points) for declaring a national animal disease emergency and initiating whole-of-government action. The Surveillance and Response to Disease Emergence 493 availability of human, material and financial resources, including technical expertise and surge capacity, should be assessed as part of preparedness planning for emerging diseases and linkages formed with regional and global networks, such as a the Global Outbreak Alert and Response Network, that can provide emergency support to affected countries. Relevant local trigger points for alert and response should be defined as part of emergency preparedness planning by all human and veterinary health services. 4 Elements of Early Early warning and response systems for emerging zoonoses require effective cross-jurisdictional, intersectoral and interdisciplinary collaboration. Early warning systems have been implemented at sub-national, national, regional and global levels. Networking, and linking Warning and Response Systems for Emerging Zoonoses individuals and agencies, will be key factors in building and sustaining surveillance and response capacity against existing and emerging disease threats . These activities can also provide the support needed in the areas where key capacities, such as diagnostics, do not currently exist or are under-resourced and require development. Areas of expertise considered critical to improve detection, monitoring and investigation of emerging infections include field epidemiology, clinical and veterinary sciences, laboratory diagnostics, field ecology (mammalogy and entomology), behavioural science, medical anthropology, risk communication, social mobilisation (behaviour change communication) and other related disciplines. Zoonoses cause human extinction – different from other diseases Quammen 12 [David, award-winning science writer, long-time columnist for Outside magazine, writer for National Geographic, Harper's, Rolling Stone, the New York Times Book Review and others, “Could the Next Big Animal-to-Human Disease Wipe Us Out?”, The Guardian, pg. 29, Lexis, 9/29/12] MG Infectious disease is all around us. It's one of the basic processes that ecologists study, along with predation and competition. Predators are big beasts that eat their prey from outside. Pathogens (disease-causing agents, such as viruses) are small beasts that eat their prey from within. Although infectious disease can seem grisly and dreadful, under ordinary conditions, it's every bit as natural as what lions do to wildebeests and zebras. But conditions aren't always ordinary. Just as predators have their accustomed prey, so do pathogens. And just as a lion might occasionally depart from its normal behaviour - to kill a cow instead of a wildebeest, or a human instead of a zebra - so a pathogen can shift to a new target. Aberrations occur. When a pathogen leaps from an animal into a person, and succeeds in establishing itself as an infectious presence, sometimes causing illness or death, the result is a zoonosis. It's a mildly technical term, zoonosis, unfamiliar to most people, but it helps clarify the biological complexities behind the ominous headlines about swine flu, bird flu, Sars, emerging diseases in general, and the threat of a global pandemic. It's a word of the future, destined for heavy use in the 21st century. Ebola and Marburg are zoonoses. So is bubonic plague. So was the so-called Spanish influenza of 1918-1919, which had its source in a wild aquatic bird and emerged to kill as many as 50 million people. All of the human influenzas are zoonoses. As are monkeypox, bovine tuberculosis, Lyme disease, West Nile fever, rabies and a strange new affliction called Nipah encephalitis, which has killed pigs and pig farmers in Malaysia. Each of these zoonoses reflects the action of a pathogen that can "spillover", crossing into people from other animals. Aids is a disease of zoonotic origin caused by a virus that, having reached humans through a few accidental events in western and central Africa, now passes human-to-human. This form of interspecies leap is not rare; about 60% of all human infectious diseases currently known either cross routinely or have recently crossed between other animals and us. Some of those - notably rabies - are familiar, widespread and still horrendously lethal, killing humans by the thousands despite centuries of efforts at coping with their effects. Others are new and inexplicably sporadic, claiming a few victims or a few hundred, and then disappearing for years. Zoonotic pathogens can hide. The least conspicuous strategy is to lurk within what's called a reservoir host: a living organism that carries the pathogen while suffering little or no illness. When a disease seems to disappear between outbreaks, it's often still lingering nearby, within some reservoir host. A rodent? A bird? A butterfly? A bat? To reside undetected is probably easiest wherever biological diversity is high and the ecosystem is relatively undisturbed. The converse is also true: ecological disturbance causes diseases to emerge. Shake a tree and things fall out. Michelle Barnes is an energetic, late 40s-ish woman, an avid rock climber and cyclist. Her auburn hair, she told me cheerily, came from a bottle. It approximates the original colour, but the original is gone. In 2008, her hair started falling out; the rest went grey "pretty much overnight". This was among the lesser effects of a mystery illness that had nearly killed her during January that year, just after she'd returned from Uganda. Her story paralleled the one Jaap Taal had told me about Astrid, with several key differences - the main one being that Michelle Barnes was still alive. Michelle and her husband, Rick Taylor, had wanted to see mountain gorillas, too. Their guide had taken them through Maramagambo Forest and into Python Cave. They, too, had to clamber across those slippery boulders. As a rock climber, Barnes said, she tends to be very conscious of where she places her hands. No, she didn't touch any guano. No, she was not bumped by a bat. By late afternoon they were back, watching the sunset. It was Christmas evening 2007. They arrived home on New Year's Day. On 4 January, Barnes woke up feeling as if someone had driven a needle into her skull. She was achy all over, feverish. "And then, as the day went on, I started developing a rash across my stomach." The rash spread. "Over the next 48 hours, I just went down really fast." By the time Barnes turned up at a hospital in suburban Denver, she was dehydrated; her white blood count was imperceptible; her kidneys and liver had begun shutting down. An infectious disease specialist, Dr Norman K Fujita, arranged for her to be tested for a range of infections that might be contracted in Africa. All came back negative, including the test for Marburg. Gradually her body regained strength and her organs began to recover. After 12 days, she left hospital, still weak and anaemic, still undiagnosed. In March she saw Fujita on a follow-up visit and he had her serum tested again for Marburg. Again, negative. Three more months passed, and Barnes, now grey-haired, lacking her old energy, suffering abdominal pain, unable to focus, got an email from a journalist she and Taylor had met on the Uganda trip, who had just seen a news article. In the Netherlands, a woman had died of Marburg after a Ugandan holiday during which she had visited a cave full of bats. Barnes spent the next 24 hours Googling every article on the case she could find. Early the following Monday morning, she was back at Dr Fujita's door. He agreed to test her a third time for Marburg. This time a lab technician crosschecked the third sample, and then the first sample. The new results went to Fujita, who called Barnes: "You're now an honorary infectious disease doctor. You've self-diagnosed, and the Marburg test came back positive." The Marburg virus had reappeared in Uganda in 2007. It was a small outbreak, affecting four miners, one of whom died, working at a site called Kitaka Cave. But Joosten's death, and Barnes's diagnosis, implied a change in the potential scope of the situation. That local Ugandans were dying of Marburg was a severe concern sufficient to bring a response team of scientists in haste. But if tourists, too, were involved, tripping in and out of some pythoninfested Marburg repository, unprotected, and then boarding their return flights to other continents, the place was not just a peril for Ugandan miners and their families. It was also an international threat. The first team of scientists had collected about 800 bats from Kitaka Cave for dissecting and sampling, and marked and released more than 1,000, using beaded collars coded with a number. That team, including scientist Brian Amman, had found live Marburg virus in five bats. Entering Python Cave after Joosten's death, another team of scientists, again including Amman, came across one of the beaded collars they had placed on captured bats three months earlier and 30 miles away. "It confirmed my suspicions that these bats are moving," Amman said - and moving not only through the forest but from one roosting site to another. Travel of individual bats between far-flung roosts implied circumstances whereby Marburg virus might ultimately be transmitted all across Africa, from one bat encampment to another. It voided the comforting assumption that this virus is strictly localised. And it highlighted the complementary question: why don't outbreaks of Marburg virus disease happen more often? Marburg is only one instance to which that question applies. Why not more Ebola? Why not more Sars? In the case of Sars, the scenario could have been very much worse. Apart from the 2003 outbreak and the aftershock cases in early 2004, it hasn't recurred. . . so far. Eight thousand cases are relatively few for such an explosive infection; 774 people died, not 7 million. Several factors contributed to limiting the scope and impact of the outbreak, of which humanity's good luck was only one. Another was the speed and excellence of the laboratory diagnostics - finding the virus and identifying it. Still another was the brisk efficiency with which cases were isolated, contacts were traced and quarantine measures were instituted, first in southern China, then in Hong Kong, Singapore, Hanoi and Toronto. If the virus had arrived in a different sort of big city - more loosely governed, full of poor people, lacking first-rate medical institutions - it might have burned through a much larger segment of humanity. One further factor, possibly the most crucial, was inherent in the way Sars affects the human body: symptoms tend to appear in a person before, rather than after, that person becomes highly infectious. That allowed many Sars cases to be recognised, hospitalised and placed in isolation before they hit their peak of infectivity. With influenza and many other diseases, the order is reversed. That probably helped account for the scale of worldwide misery and death during the 1918-1919 influenza. And that infamous global pandemic occurred in the era before globalisation. Everything nowadays moves around the planet faster, including viruses. When the Next Big One comes, it will likely conform to the same perverse pattern as the 1918 influenza: high infectivity preceding notable symptoms. That will help it move through cities and airports like an angel of death. The Next Big One is a subject that disease scientists around the world often address. The most recent big one is Aids, of which the eventual total bigness cannot even be predicted - about 30 million deaths, 34 million living people infected, and with no end in sight. Fortunately, not every virus goes airborne from one host to another. If HIV-1 could, you and I might already be dead. If the rabies virus could, it would be the most horrific pathogen on the planet. The influenzas are well adapted for airborne transmission, which is why a new strain can circle the world within days. The Sars virus travels this route, too, or anyway by the respiratory droplets of sneezes and coughs - hanging in the air of a hotel corridor, moving through the cabin of an aeroplane - and that capacity, combined with its case fatality rate of almost 10%, is what made it so scary in 2003 to the people who understood it best. Human-to-human transmission is the crux. That capacity is what separates a bizarre, awful, localised, intermittent and mysterious disease (such as Ebola) from a global pandemic. Have you noticed the persistent, low-level buzz about avian influenza, the strain known as H5N1, among disease experts over the past 15 years? That's because avian flu worries them deeply, though it hasn't caused many human fatalities. Swine flu comes and goes periodically in the human population (as it came and went during 2009), sometimes causing a bad pandemic and sometimes (as in 2009) not so bad as expected; but avian flu resides in a different category of menacing possibility. It worries the flu scientists because they know that H5N1 influenza is extremely virulent in people, with a high lethality. As yet, there have been a relatively low number of cases, and it is poorly transmissible, so far, from human to human. It'll kill you if you catch it, very likely, but you're unlikely to catch it except by butchering an infected chicken. But if H5N1 mutates or reassembles itself in just the right way, if it adapts for human-to-human transmission, it could become the biggest and fastest killer disease since 1918. It got to Egypt in 2006 and has been especially problematic for that country. As of August 2011, there were 151 confirmed cases, of which 52 were fatal. That represents more than a quarter of all the world's known human cases of bird flu since H5N1 emerged in 1997. But here's a critical fact: those unfortunate Egyptian patients all seem to have acquired the virus directly from birds. This indicates that the virus hasn't yet found an efficient way to pass from one person to another. Two aspects of the situation are dangerous, according to biologist Robert Webster. The first is that Egypt, given its recent political upheavals, may be unable to staunch an outbreak of transmissible avian flu, if one occurs. His second concern is shared by influenza researchers and public health officials around the globe: with all that mutating, with all that contact between people and their infected birds, the virus could hit upon a genetic configuration making it highly transmissible among people. "As long as H5N1 is out there in the world," Webster told me, "there is the possibility of disaster. . . There is the theoretical possibility that it can acquire the ability to transmit human-to-human." He paused. "And then God help us." We're unique in the history of mammals. No other primate has ever weighed upon the planet to anything like the degree we do. In ecological terms, we are almost paradoxical: large-bodied and long-lived but grotesquely abundant. We are an outbreak. And here's the thing about outbreaks: they end. In some cases they end after many years, in others they end rather soon. In some cases they end gradually, in others they end with a crash. In certain cases, they end and recur and end again. Populations of tent caterpillars, for example, seem to rise steeply and fall sharply on a cycle of anywhere from five to 11 The crash endings are dramatic, and for a long while they seemed mysterious. What could account for such sudden and recurrent collapses? One possible factor is infectious disease, and viruses in particular. years. Links Fusion centers key to solve natural disasters—they coordinate information to respond to threats Harris 9 [Blake, contributing editor, “Fusion Centers May Strengthen Emergency Management”, Government Technology, 8/19/08, http://www.govtech.com/security/Fusion-Centers-May-Strengthen-EmergencyManagement.html?page=3] MG In the law enforcement and intelligence arena, the push has been to get various agencies effectively sharing information and working in tighter coordination - something they didn't always do before 9/11. This led to the creation of what the law enforcement community calls the "fusion center." Though most think of homeland security intelligence functions when they think of the fusion center, the concept has always included an all-hazards approach, according to Andrew Lluberes, director of communications for the Intelligence and Analysis Office of Public Affairs, of the U.S. Department of Homeland Security (DHS). "The concept of the fusion center is to give the federal government and the states an opportunity to share information and intelligence, and that's not limited to terrorism," Lluberes said. "DHS's jurisdiction obviously includes terrorism, but a lot of other things as well: natural disasters chemical, weapons of mass destruction and just basic law enforcement." Lluberes said some past natural disasters, such as Hurricane Katrina, didn't have the benefit of working fusion centers. However, he said fusion centers are beginning to mature and emergency managers will benefit from their existence. "As a conduit to share information and intelligence, they certainly would be used in a future natural disaster," said Lluberes. According to the DHS, there are nearly 60 fusion centers nationwide and more are being formed. Each has unique characteristics because of local priorities and concerns. A fusion center in Arizona or Texas, for example, might involve Immigration and Customs Enforcement or Drug Enforcement Administration officials because of their proximity to the Mexican border. Though most fusion centers concentrate on law enforcement and homeland security matter, their operations can provide lessons for EOC managers. Fusion of Data The ultimate goal of any fusion center is to prevent terrorist attacks and to respond to natural disasters and man-made threats quickly and efficiently. But as a Congressional Research Service report also noted, there is no one model for how a center should be structured. Although many of the centers initially had purely counterterrorism goals, most have gravitated toward an all-crimes and even a broader all-hazards approach. "Data fusion involves the exchange of information from different sources - including law enforcement, public safety and the private sector - and, with analysis, can result in meaningful and actionable intelligence and information," noted a Department of Justice guidelines paper. "The fusion process turns this information and intelligence into actionable knowledge. Fusion also allows relentless re-evaluation of existing data in context with new data in order to provide constant updates. The public safety and private-sector components are integral in the fusion process because they provide fusion centers with crime-related information, including risk and threat assessments, and subject-matter experts who can aid in threat identification." Indeed, it's this informational process that extends the role of the fusion center from an antiterrorism focus to general law enforcement and perhaps other emergencies and disasters. One such fusion center is Chicago's Crime Prevention Information Center (CPIC), which works on the antiterrorism initiative, and general law enforcement. The center allows rapid discovery of possible crimes by recording sounds, such as gunshots, and showing police their exact locations on a computer screen. About 30 fulltime detectives, police officers and supervisors staff CPIC. Each of the 35 suburban departments working with the center lends officers to help field calls for information. Additionally representatives from the FBI, Cook County Sheriff's Office and other federal agencies provide liaison personnel to the center. According to Chicago Police Cmdr. David Sobczyk, head of the Deployment Operations Center, of which CPIC is an extension, focusing both on crime and terrorism strengthens the antiterrorism mission. Not only are everyday crimes sometimes precursors to a terrorist attack, but more importantly, having a center that is constantly being exercised 24/7 by responding to actual public safety incidents only makes staff more skilled and effective in dealing with a terrorist threat. This combined mission focus is evident as soon as one enters the CPIC room. As well as computer screens on the walls, there are TVs that show streams of news 24/7 from American and overseas news channels, from places like Israel, China or Arab states. While it continues to evolve and is improving all the time, the $1 million CPIC - funded with a homeland security grant, through seized drug money and from the Chicago PD's operational budget - has become a model for other jurisdictions. This prompted the DHS to engage Sobczyk to give presentations on CPIC to other law enforcement entities around the country. Data contextualization is key to emergency response—key to effective decision making Eaneff, 07[Charles, former Acting Executive Director DHS Office of State and Local Law Enforcement and a Naval Postgraduate School alumnus, “THE IMPACT OF CONTEXTUAL BACKGROUND FUSION ON PERCEIVED VALUE AND QUALITY OF UNCLASSIFIED TERRORISM INTELLIGENCE”, March 2007 http://www.dtic.mil/dtic/tr/fulltext/u2/a467124.pdf]//AK Multiple initiatives, including the Homeland Security Information Network (HSIN) and the Joint Regional Information Exchange System (JRIES), as well as supporting directives such as National Capability Specific Priority 3.2.1: Strengthening Information Sharing and Collaboration Capabilities, have ensured that non-traditional recipients (NTR) in law enforcement, fire, emergency medical services (EMS), emergency management, public health and the private sector are receiving unclassified intelligence products from multiple sources including the Department of Homeland Security (DHS), the Federal Bureau of Investigation (FBI), Fusion Centers, Joint Terrorism Task Forces (JTTF), and Terrorism Early Warning Groups (TEWG). However, simply pushing intelligence products to non traditional recipients (NTR) is not enough. Recipients must possess enough contextual background to effectively utilize the intelligence products in order for this strategy to be successful. Unclassified intelligence distribution must be useful, easy to use, deliberate and coordinated, maximizing recipients’ ability to effectively utilize the intelligence, regardless of the time of day, day of week, or location of the recipient. We can do better in this regard. As discussed in a Markle Foundation Working Group Report, Networking of Federal Government Agencies with State and Local Government and Private Sector Entities, “…adequate context for homeland security providers to effectively utilize information is specific, tailored for each local entity, rapidly disseminated, and does not overburden recipients with vague or irrelevant information.”1 The Final 9/11 Commission Report noted the importance of context in decision making, reporting that the President was provided intelligence “news without… much context” prior to September 11, 2001, contributing to a failure of decision makers to recognize that Bin Laden posed a “novel danger.”2 A similar lack of context in the evaluation of Iraq intelligence assessments contributed to a failure to understand Saddam Hussein’s perception of the outside world.3 At the local level, in 2005, Police Chief Patrick Miller found that “There is profound belief amongst law enforcement leaders in California that the essential mechanisms for information sharing are poor at best and arriving at some consensus on how to fix that problem was far more important than examining leadership models and future impacts.”4 The 2007 Department of Homeland Security Appropriations Act reinforces this charge for the Department of Homeland Security (DHS), documenting their responsibility to “…develop better methods for the sharing of intelligence with State and local law enforcement agencies…” with similar concerns, the General Accounting Office has identified at least 11 separate information sharing authorities and initiatives since 9/11. 5,6 These findings and directives make it clear that one mission of the federal government is to effectively involve all public safety providers in homeland security through improved information sharing. Effective involvement of NTR would in part result in an improved disaster response system, reduction of man made disasters , and “fusion” of emergency response , preparedness, recovery, mitigation, and critical infrastructure protection .7 Critical decision making is not limited to Chiefs of Police, Fire or Public Health, but includes professionals at every level of organizations. In fact, those “on the street,” maintain the most public contact, and as such, make some of the most critical homeland security decisions. While the media and public may focus on police chiefs, command officers, detectives, or other high visibility law enforcement positions in homeland security, patrol officers have consistently been shown to have the greatest impact on crime. As described by Captain Dennis Potter, Operations Commander for the Columbine school shootings, “When something really bad happens, the initial response strategies are developed from the front seat of a patrol car, not from a command officers desk…”8 Captain Potter’s observation reflects an understanding that intelligence is critical in day to day tactical decision making, not just in long term strategic planning. Research documents what police executives know about the critical nature of street level operations, finding that 80% of crimes are solved by patrol operations, not detective work.9 Whether planning long term strategic or short term tactical operations, it is critical to ensure that street level decision makers have the intelligence they need. This is the audience of unclassified intelligence operations, and while it may not be practical to provide classified intelligence to these millions of professionals, it is imperative that they are provided the very best unclassified intelligence possible. Turns the Case – Racism Natural disasters disproportionately affect underprivileged communities—this exacerbates racial disparities—turns case CTST 10 [Center for the Study of Traumatic Stress, “Disasters and Poverty Natural Disasters Disproportionately Affect the World’s Poor”, State of New Jersey Department of Human Services, 1/16/10, http://www.state.nj.us/humanservices/emergency/DisastersandPoverty.pdf] MG Over 90 percent of deaths due to natural disasters occur in poor countries. Even in developed countries, poor citizens are most affected by disasters. Poor residents of New Orleans bore the heaviest loss of life, health and property due to Hurricane Katrina . An event of similar physical magnitude is likely to cause more deaths in a developing country than in a developed country. The disparity in disaster outcomes between rich and poor can be understood as a function of both pre-event vulnerability and post-event response. Factors such as geography, personal resources, community infrastructure and political stability all impact the occurrence and consequences of natural disasters. Social instability may also accompany poverty particularly when there are large disparities in the distribution of wealth and income. Such disparities may be marked by different language preferences. For example, in Haiti, the poorest nation in the Western Hemisphere, French is often taken as the language of the privileged and Creole the language of the poor. “Just because you speak French does not mean you are smart” can be a call of the poor and disadvantaged who are also stigmatized and denied services as well as respect. Geography: The poor are more likely to live in less expensive and environmentally vulnerable areas such as flood plains, volcano bases, seismically active areas or tornado alleys. Environmental exploitation, often made for economic reasons (for example hillside deforestation), increases vulnerability to natural disasters such as landslides. Personal Resources: Poverty is a well-known determinant of poor physical health, and the poor may therefore be more vulnerable to adverse physical health outcomes in the wake of a disaster. Malnourished, non-immunized and/or chronically ill persons may be less able to withstand the physical stress of a disaster. Furthermore, poor persons who have been focused on daily survival are less likely to have resources—extra food, fuel or money—to use in the event of a disaster. When provided sufficient food, the body’s response of moving from famine to adequate nutrition can bring its own physical changes and at times symptoms. Infrastructure: The poor often live in sub-standard housing that is more vulnerable to collapse and destruction during an earthquake or other disaster. Building codes are often not adopted or enforced. Poor communities often lack transportation and communication infrastructure to facilitate an adequate disaster response . Health systems in poor countries are often underresourced even prior to a disaster, and are quickly stretched beyond capacity in the face of increased injuries and illness. Political Instability: Political instability in many poor countries can hamper the ability to organize a coordinated disaster response. Limited resources can also expose intra-community schisms—sometimes along racial, ethnic, or religious lines—that further complicates necessary community coordination. Disasters open these fault lines of a society composed of differences in economic privilege, race and religion. Immigration out of disaster areas by those able to do so can be dramatic after a disaster. At times this further exacerbates the economic disparities as the wealthy are able to leave and the poor are not. The poor may also use illegal and risky means of immigration (e.g. “boat people”) in order to find safety, nutrition, health and work for themselves and their families. Vulnerable populations: In the face of scarce resources, women, children, the elderly and the mentally or physically ill, may be particularly vulnerable to neglect and exploitation. Children and women of poverty are particularly vulnerable to exploitation as they try to obtain food and safety in a disaster community with none. Recovery from Disaster: When other countries bring resources to disaster impoverished nations, they can also create expectations that cannot be sustained after the responders leave. Working with the disaster regions populations and recognizing the need for sustainable recovery is a critical ingredient of recovery over the years that are required after a major disaster. Disadvantage Links Politics Links Defund Fusion Centers Popular Defunding’s popular with Republicans Keating 2/24 – writer for the Boston Globe, (William, Boston Globe, February 24 2015, “Homeland Security funding is not for political games,” https://www.bostonglobe.com/opinion/2015/02/23/homeland-security-funding-not-forpolitical-games/CSlSszJQ2vksspeCPjDzvM/story.html) //DS Sixteen months later, here we are again. Except this time the only department at risk of a shutdown is the primary agency Even if a shutdown of the Department of Homeland Security were averted, it’s likely congressional Republicans will continue to revert to stopgap measures where funding levels are frozen at inadequate rates. Doing so leaves our country vulnerable to emerging threats and new challenges that face us — among others, ISIS and cybersecurity. This high-stakes game of chicken could have been avoided. When Congress voted in December on a budget for the remainder of the fiscal year, it funded every federal department and agency through September 2015 — except Homeland Security. Most Homeland Security operations will cease to be funded tasked with ensuring the safety of our country and our citizens at home while deterring threats from abroad. as of Friday if an agreement cannot be reached. For those in Congress calling the shots, this isn’t about funding levels. It’s about waging political war. The department wasn’t funded in December due to Republican leaders’ efforts to undermine President Obama’s intended executive actions on immigration reform. They are trying to leverage homeland security funding in order to prevent the implementation of the president’s executive actions. This is dangerous, irresponsible, and shameful. It’s an abuse of power. A shutdown of the Department of Homeland security would have serious consequences. Training and research programs that assist our local law enforcement in preventing attacks would cease. The databases monitoring suspected terrorists and criminals would not be updated. Thousands of workers would be furloughed and the ones that are deemed “essential” to keeping our country safe — such as members of the Coast Guard — would work without pay. And for states enduring unprecedented storms, such as ours, there would be no new, immediate disaster assistance or reimbursements from the federal Emergency Management Agency. What does the congressional mishandling of the Department of Homeland Security say to those who serve as our first responders, or to those responsible for protecting our borders and ports? And what would a shutdown say to the rest of the world about our priorities, our commitment to stopping terrorism, and our ability to keep our own citizens safe? What if an attack happened during a shutdown? How quickly would we be able to mount an efficient response? Defunding is popular – fusion centers perceived as wasteful.. O’Harrow Jr 12 – award winning political journalist for the Washington Post (Robert, Washington Post, October 2, 2012, “DHS ‘fusion centers’ portrayed as pools of ineptitude and civil liberties intrusions” http://www.washingtonpost.com/investigations/dhs-fusioncenters-portrayed-as-pools-of-ineptitude-and-civil-libertiesintrusions/2012/10/02/10014440-0cb1-11e2-bd1a-b868e65d57eb_story.html) //DS An initiative aimed at improving intelligence sharing has done little to make the country more secure, despite as much as $1.4 billion in federal spending, according to a two-year examination by Senate investigators. The nationwide network of offices known as “fusion centers” was launched after the Sept. 11, 2001, attacks to address concerns that local, state and federal authorities were not sharing information effectively about potential terrorist threats. But after nine years — and regular praise from officials at the Department of Homeland Security — the 77 fusion centers have become pools of ineptitude, waste and civil liberties intrusions, according to a scathing 141-page report by the Senate Homeland Security and Governmental Affairs permanent subcommittee on investigations. The creation and operation of the fusion centers were promoted by the administration of President George W. Bush and later the Obama administration as essential weapons in the fight to build a nationwide network that would keep the country safe from terrorism. The idea was to promote increased collaboration and cooperation among all levels of law enforcement across the country. But the report documents spending on items that did little to help share intelligence, including gadgets such as “shirt button” cameras, $6,000 laptops and big-screen televisions. One fusion center spent $45,000 on a decked-out SUV that a city official used for commuting. “In reality, the Subcommittee investigation found that the fusion centers often produced irrelevant, useless or inappropriate intelligence reporting to DHS, and many produced no intelligence reporting whatsoever,” the report said. The bipartisan report, released by subcommittee Chairman Carl Levin (D-Mich.) and ranking minority member Tom Coburn (R-Okla.), portrays the fusion center system as ineffective and criticizes the Department of Homeland Security for poor supervision. In a response Tuesday, the department condemned the report and defended the fusion centers, saying the Senate investigators relied on out-of-date data. The Senate investigators examined fusion center reports in 2009 and 2010 and looked at activity, training and policies over nine years, according to the report. The statement also said the Senate investigators misunderstood the role of fusion centers, “which is to provide state and local law enforcement analytic support in furtherance of their day-to-day efforts to protect local communities from violence, including that associated with terrorism.” Fusion centers politically controversial – eliminating them is perceived as a win. Iskoff 12 - American investigative journalist for NBC News, (Michael, October 2, 2012, NBC News, “Homeland Security 'fusion' centers spy on citizens, produce 'shoddy' work, report says,” http://investigations.nbcnews.com/_news/2012/10/02/14187433-homelandsecurity-fusion-centers-spy-on-citizens-produce-shoddy-work-report-says) //DS The ranking Republican on a Senate panel on Wednesday accused the Department of Homeland Security of hiding embarrassing information about its so-called "fusion" intelligence sharing centers, charging that the program has wasted hundreds of millions of dollars while contributing little to the country's counterterrorism efforts. In a 107-page report released late Tuesday, the Senate Permanent Subcommittee on Investigations said that Homeland Security has spent up to $1.4 billion funding fusion centers -- in effect, regional intelligence sharing centers-- that have produced "useless" reports while at the same time collecting information on the innocent activities of American Muslims that The fusion centers, created under President George W. Bush and expanded under President Barack Obama, consist of special teams of federal, state and local officials collecting and may have violated a federal privacy law. analyzing intelligence on suspicious activities throughout the country. They have been hailed by Homeland Security Secretary Janet Napolitano as “one of the centerpieces” of the nation’s counterterrorism efforts. But Sen. Tom Coburn of Oklahoma, the ranking Republican on the panel, charged Wednesday that Homeland Security had tried to bury evidence of problems at the centers. "Unfortunately, DHS has resisted oversight of these centers," he said. "The Department opted not to inform Congress or the public of serious problems plaguing its fusion centers and broader intelligence efforts. When this subcommittee requested documents that would help it identify these issues, the department initially resisted turning them over, arguing that they were protected by privilege, too sensitive to share, were protected by confidentiality agreements, or did not exist at all. The American people deserve better. I hope this report will help generate the reforms that will help keep our country safe." A spokesman for Homeland Security said in a statement to NBC News Tuesday that the Senate report was "out of date, inaccurate and misleading." Matt Chandler, a spokesman for Napolitano, said the Senate panel "refused to review relevant data, including important intelligence information pertinent to their findings." Another Homeland Security official, who spoke with NBC News on condition of anonymity, said the department has made improvements to the fusion centers and that the skills of officials working in them are “evolving and maturing.” The American Civil Liberties Union also issued a statement saying the report underscores problems that it and other civil liberty groups have been flagging for years. "The ACLU warned back in 2007 that fusion centers posed grave threats to Americans' privacy and civil liberties, and that they needed clear guidelines and independent oversight," said Michael German, ACLU senior policy counsel. "This report is a good first step, and we call upon Congress to hold public hearings to investigate fusion centers and their ongoing abuses.” In addition to the value of much of the fusion centers’ work, the Senate panel found evidence of what it called “troubling” reports by some centers that may have violated the civil liberties and privacy of U.S. citizens. The evidence cited in the report could fuel a continuing controversy over claims that the FBI and some local police departments, notably New York City’s, have spied on American Muslims without a justifiable law enforcement reason for doing so. Among the examples in the report: One fusion center drafted a report on a list of reading suggestions prepared by a Muslim community group, titled “Ten Book Recommendations for Every Muslim.” The report noted that four of the authors were listed in a terrorism database, but a Homeland Security reviewer in Washington chastised the fusion center, saying, “We cannot report on books and other writings” simply because the authors are in a terrorism database. “The writings themselves are protected by the First Amendment unless you can establish that something in the writing indicates planning or advocates violent or other criminal activity.” A fusion center in California prepared a report about a speaker at a Muslim center in Santa Cruz who was giving a daylong motivational talk—and a lecture on “positive parenting.” No link to terrorism was alleged. Another fusion center drafted a report on a U.S. citizen speaking at a local mosque that speculated that -- since the speaker had been listed in a terrorism data base — he may have been attempting “to conduct fundraising and recruiting” for a foreign terrorist group. “The number of things that scare me about this report are almost too many to write into this (form),” a Homeland Security reviewer wrote after analyzing the report. The reviewer noted that “the nature of this event is constitutionally protected activity (public speaking, freedom of assembly, freedom of religion.)” The Senate panel found 40 reports -- including the three listed above -- that were drafted at fusion centers by Homeland Security officials, then later “nixed” by officials in Washington after reviewers “raised concerns the documents potentially endangered the civil liberties or legal privacy protections of the U.S. persons they mentioned.” Despite being scrapped, however, the Senate report concluded that “these reports should not have been drafted at all.” It also noted that the reports were stored at Homeland Security headquarters in Washington, D.C., for a year or more after they had been canceled —a potential violation of the U.S. Privacy Act, which prohibits federal agencies from storing information on U.S. citizens’ First Amendment-protected activities if there is no valid reason to do so. The report said the retention of these reports also appears to contradict Homeland Security’s own guidelines, which state that once a determination is made that a document should not be retained, “The U.S person identifying information is to be destroyed immediately.” The investigation was led by the Republican staff of the subcommittee but the report was approved by chairman Sen. Carl Levin, D-Mich and Coburn. It stated that much basic information about the fusion centers – including exactly how much they cost the federal government — was difficult to obtain. Although the fusion centers are overseen by Homeland Security, they are funded primarily through grants to local governments by the Federal Emergency Management Agency. Although Homeland Security “was unable to provide an accurate tally,” the panel estimated the federal dollars on the centers between 2003 and 2011 at between $289 million and $1.4 billion. spent Defund Fusion Centers Unpopular Local resource-sharing programs have proved successful in combating terrorism – the plan is unpopular. CNN 11 – Cable News Network, (CNN, August 3, 2011, “Obama: Feds to fight violent extremism with local partnerships,” http://www.cnn.com/2011/POLITICS/08/03/obama.violent.extremism/#42628059) //DS CNN) -- The federal government will fight domestic violent extremism advanced by al Qaeda by empowering and relying on America's vast network of local community institutions rather than creating new programs with additional spending, President Barack Obama announced Wednesday. Such partnerships and resource sharing between federal and local governments have already proved effective in combating gang problems, drugs, school safety issues and hate crimes, according to the president's new plan to counter terrorists' propaganda campaign. The federal government's "most effective role" in preventing violent extremism is "as a facilitator, convener, and source of information," the eight-page report said. "The Federal Government will often be ill-suited to intervene in the niches of society where radicalization to violence takes place, but it can foster partnerships to support communities through its connections to local government, law enforcement, mayor's offices, the private sector, local service providers, academia, and many others who can help prevent violent extremism," the president's initiative said. "Federal departments and agencies have begun expanding support to local stakeholders and practitioners who are on the ground and positioned to develop grassroots partnerships with the communities they serve," the report said. Countering al Qaeda's violent ideology and its portrayal of the United States as an enemy to Islam is an important part of the nation's comprehensive strategy to defeat the terrorist group, but Obama pointed out in a preface letter to the report that al Qaeda already has successfully recruited and radicalized people in the U.S. The letter cited as evidence the Fort Hood attack in 2009 in which 13 people were killed. In the "Empowering Local Partners to Prevent Violent Extremism in the United States" report, the federal government said it will build "a robust training program with rigorous curriculum standards" to train local law, prison and government agencies on potential violent extremism and to share accurate intelligence and research on its prevention. Also, the government will share information about threats to incite violence and respond to community complaints about government actions and policies. "The federal government, with its connections to diverse networks across the country, has a unique ability to draw together the constellation of previously unconnected efforts and programs to form a more cohesive enterprise against violent extremism," the report said. The president cited three models of how the federal government has supported local initiatives fighting other different community issues. The U.S. Justice Department has laid out a framework in which local agencies can leverage federal and state resources in fighting street gangs. Homeland Security and the Justice Department have a program to build trust among police and local civil liberty advocates by holding roundtables on how to distinguish between "innocent cultural behaviors" and conduct that may be "terrorism precursors," the report said. Also, the Departments of Education, Justice and Health and Human Services provide guidance to local agencies on how to access grants to create safe schools, fight youths' substance abuse and promote early childhood development, the report said. ‘Black Lives Matter’ movement, in the context of federal surveillance, is unpopular with Republicans Inquisitr 7/26 – news source (Inquisitr, July 26 2015, “How ‘Black Lives Matter’ Grew From A Movement To The Subject Of Federal Surveillance,” http://www.inquisitr.com/2284050/how-black-lives-matter-grew-from-a-movement-tothe-subject-of-federal-surveillance/) //DS Now that Black Lives Matter has organized itself, it has gained greater visibility as a cohesive group when they interrupted Phoenix’s Netroots Nation Conference where Democratic presidential candidates Martin O’Malley and Bernie Sanders were speaking. The candidates didn’t fare well with the Black Lives Matter group, forcing an apology from O’Malley and a second attempt to curry favor by Sanders, who spoke at a recent meeting in Louisiana, according to MSNBC. “Black lives do matter, and we must value black lives. Anybody who saw the recent Sandra Bland tape understands that tragically, racism is alive and well in America. I don’t think anybody believes that a middle-class white woman would have been yanked out of her car, thrown on the ground, assaulted and then ended up jail because she made a minor traffic violation.” Aside from a few retorts from the Republican base, including Jeb Bush’s scoff at O’Malley’s apology and Ken Cucinnelli’s offense at the movement‘s implication, Black Lives Matter has not been able to gain ground among the GOP. While Fox News reports Black Lives Matter co-founder Patrisse Cullors is still seeking an opportunity with a Republican audience, the Black Lives Matter movement has, however, gained the attention of a very interested third party – the federal government. Loser’s Lose Obama’s prioritizes anti-terrorist support includes fusion centers – plan is a loss. White House 11 – The White House, (December 2011, p.5-11, Executive Office of the President of the United States, https://www.whitehouse.gov/sites/default/files/sipfinal.pdf) //DS The Obama Administration continues to prioritize and stress the critical importance of CVE in the Homeland. Given the complexities of addressing this threat and the uniqueness of the operating environment in the United States, the Administration recognizes the potential to do more harm than good if our Nation’s approach and actions are not dutifully considered and deliberated. Throughout this process, careful consideration was given to the rule of law and constitutional principles, particularly those that address civil rights and civil liberties. With those principles in mind, we noted that departments and agencies with domestically focused mandates have an array of tools and capabilities that can be leveraged to prevent violent extremism, though some have limited experience in the national security arena. This necessitated a deliberative and carefully calibrated approach with an extensive evaluative period to fully address their potential roles and participation, which for some entailed thinking outside their traditional mandates and areas of work. After assessing how individuals are radicalized and recruited to violence in the United States, the Administration established an accelerated process, led by the National Security Staff (NSS), to develop the National Strategy for Empowering Local Partners and the SIP. An Interagency Policy Committee (IPC) on countering and preventing violent extremism in the United States was established—with Assistant and Deputy Assistant Secretary-level representatives from across government—to consider roles and responsibilities, potential activities, guiding principles, and how best to coordinate and synchronize our efforts. The IPC, with support from specialist sub-IPCs, drafted our first national strategy on preventing violent extremism in the United States, which was approved by Deputies from the various departments and agencies and signed by the President. • The following departments and agencies were involved in the deliberations and approval process: the Departments of State (State), the Treasury, Defense (DOD), Justice (DOJ), Commerce, Labor, Health and Human Services (HHS), Education (EDU), Veterans Affairs, and Homeland Security (DHS), as well as the Federal Bureau of Investigation (FBI) and the National Counterterrorism Center (NCTC). To develop the SIP, the NSS tasked NCTC with coordinating the first comprehensive baseline of activities across the United States Government related to countering and preventing violent extremism in the United States, which constitutes the ongoing activities outlined in the SIP. This included CVE-specific initiatives, as well as activities that were not developed for CVE purposes, but nonetheless may indirectly contribute to the overall goals of the National Strategy for Empowering Local Partners. These activities were aligned with objectives and sub-objectives—based on the strategy and approved by the IPC—to assess our overall effort and identify gaps. The IPC then considered ongoing and potential actions to address these gaps, which form the basis of planned activities outlined in the SIP. The SIP was approved by Deputies from the various departments and agencies in November 2011. Compliance with the Rule of Law A fundamental precept of the SIP is that the Federal Government’s actions must be consistent with the Constitution and in compliance with U.S. laws and regulations. Departments and agencies are responsible for identifying and complying with legal restrictions governing their activities and respective authorities. Compliance with the rule of law, particularly ensuring protection of First Amendment rights, is central to our National Strategy for Empowering Local Partners and the execution of the SIP. Crosscutting and Supportive Activities There are fundamental activities that are critical to our success and cut across the objectives of the SIP. These include: (1) whole-of-government coordination; (2) leveraging existing public safety, violence prevention, and community resilience programming; (3) coordination of domestic and international CVE efforts, consistent with legal limits; and (4) addressing technology and virtual space. In many instances, these crosscutting and supportive activities describe the ongoing activities of departments and agencies in fulfilling their broader missions. As they implement new initiatives and programs in support of the SIP, departments and agencies will ensure these enabling activities appropriately guide their efforts. 1. Whole-of-Government Coordination Leveraging the wide range of tools, capabilities, and resources of the United States Government in a coordinated manner is essential for success. Traditional national security or law enforcement agencies such as DHS, DOJ, and the FBI will execute many of the programs and activities outlined in the SIP. However, as the National Strategy for Empowering Local Partners states, we must also use a broader set of good governance programs, “including those that promote immigrant integration and civic engagement, protect civil rights, and provide social services, which may also help prevent radicalization that leads to violence.” To this end, agencies such as EDU and HHS, which have substantial expertise in engaging communities and delivering services, also play a role. This does not mean the missions and priorities of these partners will change or that their efforts will become narrowly focused on national security. Their inclusion stems from our recognition that radicalization to violence depends on a variety of factors, which in some instances may be most effectively addressed by departments and agencies that historically have not been responsible for national security or law enforcement. These non-security partners, including specific components within DOJ and DHS, have an array of tools that can contribute to this effort by providing indirect but meaningful impact on CVE, including after school programs, networks of community-based organizations that provide assistance to new immigrants, and violence prevention programs. We will coordinate activities, where appropriate, to support the CVE effort while ensuring we do not change the core missions and functions of these departments and agencies. 2. Leveraging Existing Public Safety, Violence Prevention, and Resilience Programming While preventing violent extremism is an issue of national importance, it is one of many safety and security challenges facing our Nation. As we enter an era of increased fiscal constraints, we must ensure our approach is tailored to take advantage of current programs and leverages existing resources. Our efforts therefore will be supported, where appropriate, by emphasizing opportunities to address CVE within available resources related to public safety, violence prevention, and building resilience. 3. Coordination of Domestic and International Efforts While always ensuring compliance with applicable laws and regulations, we must ensure a high level of coordination between our domestic and international efforts to address violent extremism. Although both the National Strategy for Empowering Local Partners and the SIP specifically address preventing violent extremism in the United States, the delineation between domestic and international is becoming increasingly less rigid. Violent extremists operating abroad have direct access to Americans via the Internet, and overseas events have fueled violent extremist radicalization and recruitment in the United States. The converse is also true: events occurring in the United States have empowered the propaganda of violent extremists operating overseas. While making certain that they stay within their respective authorities, departments and agencies must ensure coordination between our domestic and international CVE efforts. Given its mandate to support both domestic and international planning, NCTC will help facilitate this part of the CVE effort so that our Homeland and overseas activities are appropriately synchronized, consistent with all applicable laws and regulations. While individual departments and agencies will regularly engage foreign partners, all international engagement will continue to be coordinated through State. 4. Addressing Technology and Virtual Space The Internet, social networking, and other technology tools and innovations present both challenges and opportunities. The Internet has facilitated violent extremist recruitment and radicalization and, in some instances, attack planning, requiring that we consider programs and initiatives that are mindful of the online nature of the threat. At the same time, the Federal Government can leverage and support the use of new technologies to engage communities, build and mobilize networks against violent extremism, and undercut terrorist narratives. All of our activities should consider how technology impacts radicalization to violence and the ways we can use it to expand and improve our whole-of-government effort. As noted in sub-objective 3.3, we will develop a separate strategy focused on CVE online. Roles and Responsibilities The SIP assigns Leads and Partners in each of the Future Activities and Efforts listed under respective sub-objectives. Leads and Partners have primary responsibility for coordinating, integrating, and synchronizing activities to achieve SIP sub-objectives and the overall goal of the National Strategy for Empowering Local Partners. Expectation of Leads and Partners are as follows: Lead: A department or agency responsible for convening pertinent partners to identify, address, and report on steps that are being taken, or should be taken, to ensure activities are effectively executed. The Lead is accountable for, among other things: • Fostering communication among Partners to ensure all parties understand how to complete the activity; • Identifying, in collaboration with assigned Partners, the actions and resources needed to effectively execute the activity; • Identifying issues that impede progress; and • Informing all departments and agencies about the status of progress by the Lead and other subobjective Partners, including impediments, modifications, or alterations to the plan for implementation. Partner: A department or agency responsible for collaborating with a Lead and other Partners to accomplish an activity. Partner(s) are accountable for: • Accomplishing actions under their department or agency’s purview in a manner that contributes to the effective execution of an activity; • Providing status reports and assessments of progress on actions pertinent to the activity; and • Identifying resource needs that impede progress on their department or agency’s activities. Assessing Progress It is important to recognize that the National Strategy for Empowering Local Partners represents the first time the United States Government has outlined an approach to address ideologically inspired violent extremism in the Homeland. While the objectives and subobjectives listed in the SIP represent the collective wisdom and insight of the United States Government about what areas of action have the greatest potential to prevent violent extremism, we will learn more about our effectiveness as we assess our efforts over time, and we will adjust our activities accordingly. Given the short history of our coordinated, whole-ofgovernment approach to CVE, we will first develop key benchmarks to guide our initial assessment. Where possible, we will also work to develop indicators of impact to supplement these performance measures, which will tell us whether our activities are having the intended effects with respect to an objective or sub-objective. As we implement our activities, future evaluations will shift away from benchmark performance measures towards impact assessments. Departments and agencies will be responsible for assessing their specific activities in pursuit of SIP objectives, in coordination with an Assessment Working Group. We will develop a process for identifying gaps, areas of limited progress, resource needs, and any additional factors resulting from new information on the dynamics of radicalization to violence. Our progress will be evaluated and reported annually to the President. Objectives, Sub-Objectives, and Activities The SIP’s objectives mirror the National Strategy for Empowering Local Partners’ areas of priority action: (1) enhancing Federal engagement with and support to local communities that may be targeted by violent extremists; (2) building government and law enforcement expertise for preventing violent extremism; and (3) countering violent extremist propaganda while promoting our ideals. Each of these is supported by sub-objectives, which constitute measurable lines of effort with which our specific programs and initiatives are aligned. A key purpose of the SIP is to describe the range of actions we are taking to improve or expand these efforts. 1. Enhancing Federal Engagement with and Support to Local Communities that May be Targeted by Violent Extremists Communication and meaningful engagement with the American public is an essential part of the Federal Government’s work, and it is critical for developing local partnerships to counter violent extremism. Just as we engage and raise awareness to prevent gang violence, sexual offenses, school shootings, and other acts of violence, so too must we ensure that our communities are empowered to recognize threats of violent extremism and understand the range of government and nongovernment resources that can help keep their families, friends, and neighbors safe. As noted in the National Strategy for Empowering Local Partners: Engagement is essential for supporting community-based efforts to prevent violent extremism because it allows government and communities to share information, concerns, and potential solutions. Our aims in engaging with communities to discuss violent extremism are to: (1) share sound, meaningful, and timely information about the threat of violent extremism with a wide range of community groups and organizations, particularly those involved in public safety issues; (2) respond to community concerns about government policies and actions; and (3) better understand how we can effectively support community-based solutions. At the same time, we must ensure that our efforts to prevent violent extremism do not narrow our relationships with communities to any single issue, including national security. This necessitates continuing to engage on the full range of community interests and concerns, but it also requires, where feasible, that we incorporate communities that are being targeted by violent extremists into broader forums with other communities when addressing non-CVE issues. While we will engage with some communities specifically on CVE issues because of particular needs, care should be taken to avoid giving the false impression that engagement on non-security issues is taking place exclusively because of CVE concerns. To ensure transparency, our engagement with communities that are being targeted by violent extremists will follow two tracks: • We will specifically engage these communities on the threat of violent extremism to raise awareness, build partnerships, and promote empowerment. This requires specific conversations and activities related to security issues. • Where we engage on other topics, we will work to include them in broader forums with other communities when appropriate. Improve the depth, breadth, and frequency of Federal Government engagement with and among communities on the wide range of issues they care about, including concerns about civil rights, counterterrorism security measures, international events, and foreign policy issues. Violent extremist narratives espouse a rigid division between “us” and “them” that argues for exclusion from the broader society and a hostile relationship with government and other communities. Activities that reinforce our shared sense of belonging and productive interactions between government and the people undercut this narrative and emphasize through our actions that we are all part of the social fabric of America. As President Obama emphasized, when discussing Muslim Americans in the context of alQa’ida’s attempts to divide us, “we don’t differentiate between them and us. It’s just us.” Current Activities and Efforts Departments and agencies have been conducting engagement activities based on their unique mandates. To better synchronize this work, U.S. Attorneys, who historically have engaged with communities in their districts, have begun leading Federal engagement efforts. This includes our efforts to engage with communities to (1) discuss issues such as civil rights, counterterrorism security measures, international events, foreign policy, and other community concerns; (2) raise awareness about the threat of violent extremism; and (3) facilitate partnerships to prevent radicalization to violence. The types of communities involved in engagement differ depending on the locations. United States Attorneys, in consultation with local and Federal partners, are best positioned to make local determinations about which communities they should engage. Appointed by the President and confirmed by the Senate, U.S. Attorneys are the senior law enforcement and executive branch officials in their districts, and are therefore well-placed to help shape and drive community engagement in the field. In December 2010, 32 U.S. Attorneys’ Offices began expanding their engagement with communities to raise awareness about how the United States Government can protect all Americans from discrimination, hate crimes, and other threats; to listen to concerns; and to seek input about government policies and programs. In some instances, these efforts also included initiatives to educate the public about the threat of violent extremist recruitment, which is one of many components of a broader community outreach program. • During this initial pilot, these U.S. Attorneys significantly expanded outreach and engagement on a range of issues of interest to communities; built new relationships where needed; and communicated the United States Government’s approach to CVE. • Departments and agencies, including State, the Treasury, EDU, HHS, and DHS provided information, speakers, and other resources for U.S. Attorneys’ community engagement activities, frequently partnering with DOJ on specific programs and events. A National Task Force, led by DOJ and DHS, was established in November 2010 to help coordinate community engagement at the national level. It includes all departments and agencies involved in relevant community engagement efforts and focuses on compiling local, national, and international best practices and disseminating these out to the field, especially to U.S. Attorneys’ Offices. The Task Force is also responsible for connecting field-based Federal components to the full range of United States Government officials involved in community engagement to maximize partnerships, , and resource-sharing. The following are some examples of engagement efforts that are, or will be, coordinated with the Task Force: • The DHS Office for Civil Rights and Civil Liberties (CRCL) this year doubled its outreach to communities and expanded its quarterly engagement roundtables to 14 cities throughout the country. During Fiscal Year 2011, CRCL also conducted 72 community engagement events, some of which included CVE-related topics. • State engaged on U.S. foreign policy with a range of interested domestic communities. The Bureau of Near Eastern Affairs alone conducted 80 outreach events over the past year. • DOJ has produced a number of brochures and other materials on civil rights protections and steps individuals can take to prevent or respond to discrimination, and has disseminated these to various communities, including those being targeted by violent extremists. DOJ has translated these materials into a number of languages, including Arabic, Somali, Urdu, Farsi, and Hindi. • DOJ, in coordination with DHS, expanded the Building Communities of Trust which focuses on developing relationships among local law enforcement departments, fusion centers, and the communities they serve to educate communities on: (1) the Nationwide (BCOT) Initiative, Suspicious Activity Reporting Initiative (NSI); (2) how civil rights and liberties are protected; and (3) how to report incidents in order to help keep our communities safe. DOJ continues to support the BCOT Initiative Terrorism Links WoT DA Links **Fusion centers key to data integration for threat – federal funding key to resolve Phillips 12 [Leslie, senior intelligence advisor for the U.S. Senate Homeland Security and Governmental Affairs Committee, “Fusion Centers Add Value to the Federal Government Counterterrorism Efforts”, U.S. Senate Homeland Security and Governmental Affairs Committee, 10/3/12, http://www.hsgac.senate.gov/media/fusion-centers-add-value-to-federalgovernment-counterterrorism-efforts] AK WASHINGTON – Homeland Security and Governmental Affairs Committee Chairman Joe Lieberman, ID-Conn., Wednesday reacted critically to a subcommittee report on fusion centers. “I strongly disagree with the report’s core assertion that ‘fusion centers have been unable to meaningfully contribute to federal counterterrorism efforts,’” Lieberman said. “This statement is not supported by the examples presented in the report and is contrary to the public record, which shows fusion centers have played a significant role in many recent terrorism cases and have helped generate hundreds of tips and leads that have led to current FBI investigations. “The report does include valuable findings in some areas. It cites examples of inappropriate use of homeland security grant funds and accurately notes that FEMA has struggled to account for how homeland security grant funds are allocated and used, a longstanding concern of mine. “But the report also contradicts public statements by the Director of National Intelligence and the Director of the FBI, who have acknowledged the value fusion centers provide to the intelligence community. “Fusion centers have stepped up to meet an urgent need in the last decade,” Lieberman said. “ Without fusion centers, we would not be able to connect the dots . Fusion centers have been essential to breaking down the information silos and communications barriers that kept the government from detecting the most horrific terrorist attack on this country - even though federal, state, and local officials each held valuable pieces of the puzzle.” Lieberman noted a number of shortcomings in the report that skew its conclusions. Among them, the report: Makes broad assertions about the value of fusion centers but only examines one narrow aspect of fusion center operations, the formal intelligence reporting process. Does not examine support provided by the Department of Homeland Security in the form of training and access to classified networks. Does not look at finished intelligence products produced by fusion center personnel, or at the liaison officer programs that many centers have established to build ties with local agencies in their state or region. Does not look at the important and positive role that the FBI plays in supporting fusion centers through the deployment of intelligence analysts. Ignores the importance of the flow of information from federal agencies to the state and local level through fusion centers, which has significantly strengthened the ability of frontline law enforcement officers to detect and prevent potential plots and made our nation safer. Fails to acknowledge progress that has been made by the vast majority of the fusion centers in the last few years. Some fusion centers are still underdeveloped, but the vast majority effectively partner with federal agencies in preventing terrorism and addressing other important national security and public safety missions. The September 11, 2001, terror attacks demonstrated the urgent need for the federal government to improve its information sharing and coordination with state and local governments including law enforcement. Examples of recent terrorism cases where fusion centers have played a critical role include: “Raleigh Jihad” case. This case from 2009 involved Daniel Patrick Boyd and six others who planned to attack Marine Base Quantico. The North Carolina fusion center partnered with the local FBI Joint Terrorism Task Force on this investigation. Rezwan Ferdaus. Ferdaus is a homegrown violent Islamist extremist was arrested in 2010 in Boston, and planned to attack the Pentagon and the Capitol with remote control small planes attached to explosives. The Massachusetts state fusion center was credited with making a “significant contribution” to the investigation. Seattle military recruiting center plot. In 2011, two homegrown violent Islamist extremists were arrested in Seattle for planning to attack a military recruiting center. The initial lead in this case came from a Seattle Police Department informant, and the investigation was jointly coordinated by the FBI and state and local agencies at the Washington State Fusion Center. Fusion centers key to prevent terrorism – minimizes interagency gaps and coordinate responses Johnson, 8 [Colonel Bart, Assistant Federal Security Director at DHS, Shelagh Dorn, program research specialist at New York State Police, “Fusion Centers: New York State Intelligence Strategy Unifies Law Enforcement”, Police Chief Magazine, February 2008, http://www.policechiefmagazine.org/magazine/index.cfm?article_id=1419&fuseact ion=display&issue_id=22008] AK The IACP has recognized these challenges facing law enforcement and has convened several subcommittees to study and propose solutions to the problems involved with implementing the exchange of criminal intelligence. This exchange relies on regional networking and information sharing, ideally through intelligence fusion centers. Fusion centers combine multiple agencies in one location, pooling resources and personnel in order to share information and develop intelligence about criminal activities. Information collected by agencies is collated and analyzed, producing actionable intelligence for dissemination to other law enforcement agencies. An integral part of the fusion center concept is developing and disseminating intelligence, rather than simply collecting and storing information or serving as a case support center. Collaboration encourages a coordinated and organized response to terrorist and other criminal activity throughout the target jurisdiction, diminishing gaps in interagency communication and intelligence. Specific guidance has been developed and published to assist agencies with information sharing and with establishing fusion centers. Published documents include the following: The National Criminal Intelligence Sharing Plan (NCISP) is a blueprint for law enforcement administrators building their intelligence capabilities.1 Law enforcement officials from local, state, tribal, and federal agencies constructed recommendations. The National Strategy for Information Sharing, published in October 2007, focuses on reviewing and improving the sharing of homeland security and law enforcement information related to terrorism with federal, state, local, and tribal entities; the private sector; and foreign partners as well as protecting information privacy and rights.2 This report outlines the current information sharing environment and the crossagency challenges of collecting, processing, and analyzing all-crimes information to develop and share intelligence while simultaneously safeguarding civil rights. Fusion Center Guidelines: Developing and Sharing Information and Intelligence in a New Era contains guidelines to assist in the successful development of fusion centers.3 Fusion centers embody collaboration. They benefit the law enforcement community by providing agencies with resources, including organized intelligence support. Fusion centers are essential for engaging in crime and intelligence analyses and can assist law enforcement with intelligence-led policing. Focusing attention on systematically and routinely gathering and sharing information statewide about criminal activities reduces crime and produces safer communities. In addition, fusion centers assist jurisdictions by structuring the “big picture,” providing real benefits to global information sharing in an environment where it can be difficult even to share information locally. In addition to other critical functions, fusion centers provide a conduit for integrating, analyzing, and disseminating intelligence. State fusion centers across the United States maximize local knowledge of potential terrorist suspects, vulnerabilities, and trends, and communicate that information to the appropriate federal partners . The intelligence component of fusion centers is the foundation for successful data integration and exchange. Fusion centers produce results. One long-term example of a successful intelligence repository and analysis center is the New York/New Jersey High Intensity Drug Trafficking Center, which serves as an information hub for law enforcement agencies in the New York City/New Jersey area. Tips about drug and criminal activity in the New York City region are tracked and analyzed by investigators and analysts. The pooling of intelligence data in a central location has proven to be a key factor in identifying those individuals and organizations that may be furthering, facilitating, or carrying out criminal and terrorist activity in New York City. In particular, members of the U.S. Federal Bureau of Investigation (FBI) Joint Terrorism Task Force are assigned on a full-time basis to coordinate state and federal terrorism prevention efforts. The success of this effort is evident through the coordination and outreach efforts among federal, state, and local law enforcement agencies in New York City. Fusion centers are key to prevent terrorism—they overcome interagency information gaps and coordinate responses Johnson and Dorn 8 [Colonel Bart Johnson, Assistant Federal Security Director at DHS, Shelagh Dorn, program research specialist at New York State Police, “Fusion Centers: New York State Intelligence Strategy Unifies Law Enforcement”, Police Chief Magazine, February 2008, http://www.policechiefmagazine.org/magazine/index.cfm?article_id=1419&fuseact ion=display&issue_id=22008] MG As a result of the tragic terrorist attacks in New York City, in Pennsylvania, and at the Pentagon on September 11, 2001, l aw enforcement agencies throughout the country realized there was an immediate need to refocus many of their investigative and intelligence efforts on terrorism. The New York State law enforcement community, consisting of more than 540 agencies and staffed by over 75,000 dedicated law enforcement professionals, was well positioned to gather information, act on the intelligence Traditionally, political and jurisdictional divisions among local, state, and federal agencies affected law enforcement investigations. Agencies ran independent but concurrent investigations without any mechanism or procedures in place to share the information they developed. This unfortunately resulted in the compartmentalization of potentially useful information. In addition, technology gaps between agencies contributed to the inability to share information, preventing the production of viable, actionable intelligence. Following the terrorist events of 9/11, it became evident that such lack of communication—along with a failure to build a centralized and unified intelligence repository to gather, maintain, and analyze intelligence information limited the ability of U.S. law enforcement provided to it, and respond to acts of terrorism. communities to share intelligence. Across the United States, detecting and preventing terrorism has become a law enforcement priority. Pursuing terrorists and gathering intelligence data to thwart further terrorist attacks requires that agencies allocate scarce resources. By working alone and relying on individual budgets, agencies limit their ability to detect and prevent terrorism successfully. In addition, few municipal law enforcement agencies can afford to dedicate units to study and track terrorist and other organized criminal activities. Along with financial concerns, “routine” law enforcement caseloads normally take precedence for many municipal agencies. Yet the importance of intelligence and the exchange of information among agencies cannot be dismissed. Proactive intelligence efforts are the key to inhibiting criminal networks—whether those networks are related to terrorism, drugs, or other organized criminal enterprises. For this reason, any informationsharing solution must employ an all-crimes approach. The Solution The IACP has recognized these challenges facing law enforcement and has convened several subcommittees to study and propose solutions to the problems involved with implementing the exchange of criminal intelligence. This exchange relies on regional networking and information sharing, ideally through intelligence fusion centers. Fusion centers combine multiple agencies in one location, pooling resources and personnel in order to share information and develop intelligence about criminal activities. Information collected by agencies is collated and analyzed, producing actionable intelligence for dissemination to other law enforcement agencies. An integral part of the fusion center concept is developing and disseminating intelligence, rather than simply collecting and storing information or serving as a case support center. Collaboration encourages a coordinated and organized response to terrorist and other criminal activity throughout the target jurisdiction, diminishing gaps in interagency communication and intelligence. Specific guidance has been developed and published to assist agencies with information sharing and with establishing fusion centers. Published documents include the following: The National Criminal Intelligence Sharing Plan (NCISP) is a blueprint for law enforcement administrators building their intelligence capabilities.1 Law enforcement officials from local, state, tribal, and federal agencies constructed recommendations. The National Strategy for Information Sharing, published in October 2007, focuses on reviewing and improving the sharing of homeland security and law enforcement information related to terrorism with federal, state, local, and tribal entities; the private sector; and foreign partners as well as protecting information privacy and rights.2 This report outlines the current information sharing environment and the cross-agency challenges of collecting, processing, and analyzing all-crimes information to develop and share intelligence while simultaneously safeguarding civil rights. Fusion Center Guidelines: Developing and Sharing Information and Intelligence in a New Era contains guidelines to assist in the successful development of fusion centers.3 Fusion centers embody collaboration. They benefit the law enforcement community by providing agencies with resources, including organized intelligence support. Fusion centers are essential for engaging in crime and intelligence analyses and can assist law enforcement with intelligence-led policing. Focusing attention on systematically and routinely gathering and sharing information statewide about criminal activities reduces crime and produces safer communities. In addition, fusion centers assist jurisdictions by structuring the “big picture,” providing real benefits to global information sharing in an environment where it can be difficult even to share information locally. In addition to other critical functions, fusion centers provide a conduit for integrating, analyzing, and disseminating intelligence. State fusion centers across the United States maximize local knowledge of potential terrorist suspects, vulnerabilities, and trends, and communicate that information to the appropriate federal partners. The intelligence component of fusion centers is the foundation for successful data integration and exchange. Fusion centers produce results. One long-term example of a successful intelligence repository and analysis center is the New York/New Jersey High Intensity Drug Trafficking Center, which serves as an information hub for law enforcement agencies in the New York City/New Jersey area. Tips about drug and criminal activity in the New York City region are tracked and analyzed by investigators and analysts. The pooling of intelligence data in a central location has proven to be a key factor in identifying those individuals and organizations that may be furthering, facilitating, or carrying out criminal and terrorist activity in New York City. In particular, members of the U.S. Federal Bureau of Investigation (FBI) Joint Terrorism Task Force are assigned on a fulltime basis to coordinate state and federal terrorism prevention efforts. The success of this effort is evident through the coordination and outreach efforts among federal, state, and local law enforcement agencies in New York City. Fusion centers effectively utilize classified information—centers are a critical part of the information infrastructure Eaneff, 07[Charles, former Acting Executive Director DHS Office of State and Local Law Enforcement and a Naval Postgraduate School alumnus, “THE IMPACT OF CONTEXTUAL BACKGROUND FUSION ON PERCEIVED VALUE AND QUALITY OF UNCLASSIFIED TERRORISM INTELLIGENCE”, March 2007 http://www.dtic.mil/dtic/tr/fulltext/u2/a467124.pdf]//AK Allied non-state actors in the private sector control approximately 85% of the nation’s critical infrastructure in the over 87,000 different U.S. jurisdictions.16 For every federal law enforcement officer, there are approximately five public sector health professionals, seven state/local law enforcement officers, ten firefighters and twenty-one private security professionals, along with countless other public works, emergency management and emergency medical professionals. As of June 2000, there were approximately 708,022 state and local law enforcement officers in the United States.20 As of June 2002, there were only 93,000 Federal law enforcement officers, or less than 12% of sworn law enforcement.21 The FBI, lead investigative agency for domestic terrorism, had only 12,416 agents as of October 2005, or approximately 1.5% of total law enforcement. In order to maximize our defense against asymmetric threats, we must effectively utilize unclassified intelligence to educate these diverse professionals on threats, engage them in the intelligence process, and enlist them to provide information to federal partners so that appropriate preventative measures can be considered. We must improve our performance to meet this need. Attorney General Alberto Gonzalez, speaking before the Council on Foreign Relations in New York, remarked on December 1, 2005, “we must fight an intelligent war against terrorism using every tool available...This is the government’s obligation, and it is the American people’s expectation... it is your expectation.”22 If we are to use “every tool available,” and “fight an intelligent war…” then we must educate and utilize the 98.5% of law enforcement that are not FBI agents along with other NTR professionals in the asymmetric conflict threat posed by hostile non-state actors. If found to be effective, CBF for NTR would represent a concrete, visible step in transformation from a need-to-know to a needtoshare culture. Classified intelligence needs of local law enforcement are being addressed through Joint Terrorism Task Forces (JTTF) and the development of state and local fusion centers, some of which include fire service and private sector partners. Classified and unclassified information can be shared with participants who have received security clearances. One of the limitations of these centers is the need for those directly involved with the centers to live in the geographic region of the centers; in a state such as California that covers a vast geographic area, this can be a significant limitation, even with multiple fusion centers within the state. It is clear that technological assistance will be required to reach a critical mass of professionals over a wide area in a timely manner. As noted in the Markle report, “Protecting America’s Freedom in the Information Age,” The DHS should become the base for building up a national community of intelligence contributors and analysts. To create a national infrastructure that is aware, robust, and resilient to the many challenges we face in the 21st century, we have to harness the power and dynamism of information 22 Alberto R. Gonzales, Prepared Remarks for Attorney General Alberto R. Gonzales technology by utilizing the strengths and mitigating the weaknesses of our networked society.23 (Emphasis Added) CBF intelligence must utilize information technology with an ability to reach over 87,000 jurisdictions, while also maintaining integration with other Federal, State and Regional efforts. The implications to homeland security are significant. The adage, “Quantity has a quality all its own” reflects the potential impact of the improved use and involvement of NTR in the intelligence process. Small expenditures in improving unclassified intelligence are leveraged by the millions of diverse NTR along with the billions of dollars expended to date in community outreach programs such as community oriented policing (COP). An estimated 7.5 billion dollars was expended for COP alone from 1994-2000.24 Significant efforts have been focused on intelligence analysis and upward intelligence flow; stimulating NTR involvement in intelligence operations through improved dissemination can exponentially increase the quantity and quality of that upward intelligence flow. Focusing readily available technology, existing infrastructure, and intelligence smart practices on NTR will result in improved information flow, supporting analytical success and initiating an upward spiral of intelligence quality and effective counter-terrorism operations. Fusion centers key to detecting terrorists – contextualization necessary Eaneff, ‘7[Charles, former Acting Executive Director DHS Office of State and Local Law Enforcement and a Naval Postgraduate School alumnus, “THE IMPACT OF CONTEXTUAL BACKGROUND FUSION ON PERCEIVED VALUE AND QUALITY OF UNCLASSIFIED TERRORISM INTELLIGENCE”, March 2007 http://www.dtic.mil/dtic/tr/fulltext/u2/a467124.pdf]/AK Policy demands that more information be shared; for that information to be effectively utilized, decision makers must perceive both value and quality in that information. This research does not fully address defining the needs of non-traditional intelligence recipients, another critical opportunity for research, but narrowly focuses on the impact of CBF of open source information sources onto unclassified intelligence through hyperlink technology. The need for contextual background is evident at every level of decision making; in confirmation hearings, National Director of Intelligence nominee General Hayden reflected on lack of context in decision making in response to questioning by Senator Feinstein: “One key one that I wanted to mention when the chairman was talking about it, the Iraq WMD estimate was essentially worked in a WMD channel. It was absent a regional or cultural context. We are not doing that now…We're not doing that on Iran.”12 (Emphasis added) Understandably, in the midst of terrorist attack, when contextual background is most needed by decision makers, those with personal knowledge of relevant context and background are least available to the homeland security professionals in the approximately 18,000 law enforcement jurisdictions who may seek the information, let alone other homeland security disciplines; professionals who will use whatever context and background is available to them for their decision making. As it was on 9/11, police chiefs, fire chiefs, private security, emergency medical services and public health leadership should not expect return phone calls from any federal or state agency that might be able to provide contextual background, as these agencies will be inundated by requests and operational support requirements. When information is most needed , individuals with the contextual background will be least available , busy instead supporting their home agencies in crisis management. Homeland Security professionals looking for contextual background are left to their own resources to obtain the information they need, potentially from questionable Internet sources. In one effort to emphasize the importance of context, the U.S. Government Printing Office/CQ Congressional Reporting Service citations include the phrase “Providing government documents on demand, in context” explicitly acknowledging the critical relationship between information sharing and context. Intelligence producers must also provide intelligence “on demand, in context,” unequivocally affirming the relationship between effective information sharing and context. Providing unclassified intelligence “on demand, in context” is critical for millions of employees in NTR disciplines who incorporate that context into day to day decision making in public contacts, policy development, strategy and tactics. In the absence of CBF by intelligence producers, open Internet searches of unvetted sites by intelligence recipients can prove not only unreliable, but entirely inaccurate. For instance, a Google search that might be completed by a homeland security professional searching for contextual background on aircraft use in Islamic terrorist attacks, “Islamic terrorists kamikazes weapon aircraft” leads to a “Non Aligned Press Network” story where it is reported that the planes on 9/11were flown utilizing remote controls by individuals in American government. False Internet postings such as this are common enough that the U.S. State Department attempts to identify such misinformation on USINFO.STATE.GOV.13 This webpage highlights the danger of utilizing unvetted, open searches for contextual background; If the intelligence producer fails to provide CBF with their product, NTR may find very authentic looking information on the Internet that, when combined with timely, accurate and actionable intelligence, produces poor decisions. The context and background utilized by decision makers must be reliable, vetted information that is perceived as high quality and valuable, and it must be consistent with information being utilized by the Department of Homeland Security (DHS), the Federal Bureau of Investigation (FBI), the military, and other state, local and federal homeland security professionals. Through CBF, the IC can ensure that contextual background used NTR is reliable, vetted, and consistent with the hermeneutic of the producing agency. The IC must know if incorporating a CBF system with intelligence products provided to NTR will also improve the perceived value and quality of that intelligence. Fusion centers key to prevent terrorism – intergovernmental and NGO info-sharing key DHS 15 [Department of Homeland Security, “State and Major Urban Area Fusion Centers”, DHS.gov, 7/6/15, http://www.dhs.gov/state-and-major-urban-areafusion-centers] MG State and major urban area fusion centers (fusion centers) serve as focal points within the state and local environment for the receipt, analysis, gathering, and sharing of threat-related information between the federal government and state, local, tribal, territorial (SLTT) and private sector partners. Located in states and major urban areas throughout the country, fusion centers are uniquely situated to empower front-line law enforcement, public safety, fire service, emergency response, public health, critical infrastructure protection, and private sector security personnel to understand local implications of national intelligence, thus enabling local officials to better protect their communities. Fusion centers provide interdisciplinary expertise and situational awareness to inform decision-making at all levels of government. They conduct analysis and facilitate information sharing while assisting law enforcement and homeland security partners in preventing, protecting against, and responding to crime and terrorism. Fusion centers are owned and operated by state and local entities with support from federal partners in the form of deployed personnel, training, technical assistance, exercise support, security clearances, connectivity to federal systems, technology, and grant funding. The Current Threat Environment and Role of Fusion Centers in National Security Both at home and abroad, the United States faces an adaptive enemy in an asymmetric threat environment. Events since May 2009 have demonstrated that the threat to the homeland is not abating. The National Network of Fusion Centers (National Network) is uniquely situated to empower frontline law enforcement, public safety, emergency response, and private sector security personnel to lawfully gather and share information to identify emerging threats. The national security enterprise must reach beyond the capabilities of the federal government and national Intelligence Community to identify and warn about impending plots that could impact the homeland, particularly when the individuals responsible for the threats operate within the United States and do not travel or communicate with others overseas. By building trusted relationships and collaborating with SLTT and private sector partners, fusion centers can gather and share the information necessary to pursue and disrupt activities that may be indicators of, or potential precursors to, terrorist activity. With timely, accurate information on potential terrorist threats, fusion centers can directly contribute to and inform investigations initiated and conducted by federal entities, such as the Joint Terrorism Task Forces led by the Federal Bureau of Investigation. According to the 2010 National Security Strategy (PDF, 60 pages - 1.52 MB), the federal government must continue to integrate and leverage fusion centers to enlist all of our intelligence, law enforcement, and homeland security capabilities to prevent acts of terrorism on American soil. Efforts to protect the homeland require the timely gathering, analysis, and sharing of threat-related information. Fusion centers provide a mechanism through which the federal government, SLTT, and private sector partners come together to accomplish this purpose. Beginning in 2003, the federal government, in cooperation with state and local entities, published guidance to enable fusion centers to operate at a baseline level of capability and to form a robust and fully integrated National Network. The National Network allows the federal government, SLTT, and private sector partners to participate as full contributors to, and beneficiaries of, the homeland security enterprise. This strategic vision can be realized only when fusion centers demonstrate institutionalized levels of capability that enable efficient and effective information sharing and analysis across the National Network. This will help link the federal government with SLTT and private sector entities to more effectively share information. Given the evolving threat environment, it is vital that fusion centers quickly achieve their roles, as explained in the National Strategy for Information Sharing (NSIS), as the focal points within the SLTT environment for the receipt, analysis, gathering, and sharing of threat‐related information. Enhancing Department Resources to Support Fusion Centers The Department of Homeland Security (DHS) has expedited the deployment of resources to fusion centers to enhance their ability to perform their mission. The DHS Office of Intelligence and Analysis (I&A), the Department's lead for support to fusion centers, has deployed over 90 personnel, including Intelligence Officers and Regional Directors, to the field. I&A also worked aggressively to deploy Homeland Secure Data Network (HSDN) to over 60 fusion centers. HSDN provides SECRET-level connectivity to enhance the ability of state and local partners to receive federally generated classified threat information. Additionally, the Department significantly expanded training and technical assistance opportunities for fusion center personnel. Through its long-standing partnership with the Department of Justice (DOJ), the Department has conducted more than 300 training and technical assistance deliveries, workshops, and exchanges on topics including risk analysis, security, and privacy, civil rights, and civil liberties since 2007. By providing these resources, the Department supports fusion centers to address some of the nation's most significant homeland security challenges. Expanding the Nationwide Suspicious Activity Reporting (SAR) Initiative (NSI) A Call to Action: A Unified Message Regarding the Need to Support Suspicious Activity Reporting and Training To provide guidance regarding how and where to report suspicious activities, state, local, and federal agencies worked collaboratively to develop a Unified Message that provides clear guidance regarding how to report suspicious activities, encourages agencies to work with DHS to utilize the "If You See Something, Say Something™" campaign, and emphasizes the importance of training frontline personnel. The Department is working closely with the DOJ-led Nationwide Suspicious Activity Reporting Initiative Program Management Office to establish a standard process to identify and report suspicious activity in jurisdictions across the country. Under the leadership of I&A, the Department has made it a priority to participate in and support the implementation of the NSI while also integrating SAR processes across the National Network of Fusion Centers. The integration of NSI within both the Department and the fusion centers is a key element of fusion center outreach to law enforcement at all levels of government. The Department has also launched the "If You See Something, Say Something™" campaign in order to engage the public to identify and report indicators of terrorism, crime, and other threats. The Path Ahead Working closely with interagency partners and Fusion Center Directors, the Department supports an annual nationwide, in-depth assessment of fusion centers to evaluate their capabilities and to establish strategic priorities for federal government support. The assessment focuses primarily on four Critical Operational Capabilities (Receive, Analyze, Disseminate, and Gather) and four Enabling Capabilities (Privacy/Civil Rights and Civil Liberties Protections, Sustainment Strategy, Communications and Outreach, and Security) as well as additional priority areas for the year. Leveraging data collected from the Annual Fusion Center Assessment, the Department coordinates efforts to build fusion center capabilities and mitigate identified gaps. These gap mitigation efforts are designed to assist fusion centers in becoming centers of analytic excellence that serve as focal points within the state and local environment for the receipt, analysis, gathering, and sharing of threat-related information. Kritiks Kappeler 1nc Viewing violence as a system, ignores the individual motives of those who caused the violence, and exonerates them, blaming circumstance instead. Kappeler 95 – Former lecturer in English at the University of East Anglia and an Associate Professor at the School of Humanities and Social Sciences, Al Akhawayn University. (Susanne Kappeler, The Will To Violence: The Politics of Personal Behavior, 1995 , pg 1-4) Violence is a ubiquitous reality in our society. Violence is also a topic of public debate, although context and manner of discussion vary — from racist violence, sexual violence, the violence of youth and youth culture, the increase of violence in society, to the violence of war and the question whether it could be stopped by the use of greater violence. Violence is categorized into acts of violence, to be listed and prosecuted by the law. Violence is named after its victims: violence against women, sexual abuse of children, exploita- tion of animals, attacks on old people, hatred of foreigners, anti- Semitism — except where the violence is attributed to such marginal groups of society that any association with those naming it seems out of the question: the violence of today's youth, right extremism and neo-Nazi violence, hooliganism, or racist attacks where this means attacks by 'racist groups'. What is striking is that the violence which is talked about is always the violence committed by someone else: women talk about the violence of men, adults about the violence of young people; the left, liberals and the centre about the violence of right extremists; the right, centre and liberals about the violence of leftist extremists; political activists talk about structural violence, police and politicians about violence in the 'street', and all together about the violence in our society. Similarly, Westerners talk about violence in the Balkans, Western citizens together with their generals about the violence of the Serbian army. Violence is recognized and measured by its visible effects, the spectacular blood of wounded bodies, the material destruction of objects, the visible damage left in the world of'objects'. In its measur- able damage we see the proof that violence has taken place, the violence being reduced to this damage. The violation as such, or invisible forms of violence — the non-physical violence of threat and terror, of insult and humiliation, the violation of human dignity — are hardly ever the issue except to some extent in feminist and antiracist analyses, or under the name of psychological violence. Here violence is recognized by the victims and defined from their perspective —an important step away from the catalogue of violent acts and the exclus- ive evidence of material traces in the object. Yet even here the focus tends to be on the effects and experience of violence, either the objective and scientific measure of psychological damage, or the increasingly subjective definition of violence as experience. Violence is perceived as a phenomenon for science to research and for politics to get a grip on. But violence is not a phenomenon: it is the behaviour of people, human action which may be analysed. What is missing is an analysis of violence as action —not just as acts of violence, or the cause of its effccts, but as the actions of people in relation to other people and beings or things. Feminist critique, as well as Other political critiques, has analysed the preconditions of violence, the unequal power relations which enable it to take place. However, under the pressure of mainstream science and a sociological perspective which increasingly dominates our think- ing, it is becoming standard to argue as if it were these power relations which cause the violence. Underlying is a behaviourist model which prefers to see human action as the exclusive product of circumstances, ignoring the personal decision of the agent to act, implying in turn that circumstances virtually dictate certain forms of behaviour. Even though we would probably not underwrite these propositions in their crass form, there is nevertheless a growing tendency, not just in social science, to explain violent behavjour by its circumstances. (Compare the question, 'Does pornography cause violence?') The circumstances identified may differ according to the politics of the explainers, but the method of explanation remains the same. While consideration of mitigating circumstances has its rightful place in a court of law trying (and'defending) an offender, , this does not automatically make it an adequate or sufficient practice for political analysis. It begs the question, in particular, 'What is considered to be part of the circumstances (and by whom)?' Thus in the case of sexual offenders, there is a routine search — on the part of the tabloid press or the professionals of violence —for experiences of violence in the offender's own past, an understanding which is rapidly solidifying in the scientific model of a 'cycle of violence'. That is, the relevant factors are sought in the distant past and in other contexts of action, while a crucial factor in the present context is ignored, namely the agent's decision to act as he did. Even politically oppositional groups are not immune to this main- stream sociologizing. Some left groups have tried to explain men's sexual violence as the result of class oppression, while some Black theoreticians have explained the violence of Black men as the result of racist oppression. The ostensible aim of these arguments may be to draw attention to the pervasive and structural violence of classism and racism, yet they not only fail to combat such inequality, they actively contribute to it. Although such oppression is a very real part of an agent's life context, these 'explanations' ignore the fact that not everyone experiencing the same oppression uses violence, that is, that these circumstances do not 'cause' violent behaviour. They overlook, in other words, that the perpetrator has decided to violate, even if this decision was made in circumstances of limited choice. To overlook this decision, however, is itself a political decision, serving particular interests. In the first instance it serves to exonerate the perpetrators, whose responsibility is thus transferred to circumstan- ces and a history for which other people (who remain beyond reach) are responsible. Moreover, it helps to stigmatize all those living in poverty and oppression; because they are obvious victims of violence and oppression, they are held to be potential perpetrators themselves.1 This slanders all the women who have experienced sexual violence, yet do not use violence against others, and libels those experiencing racist and class oppression, yet do not necessarily act out violence. Far from supporting those oppressed by classist, racist or sexist oppression, it sells out these entire groups in the interest of exonerating individual mem- bers. It is a version of collective victim-blaming, of stigmatizing entire social strata as potential hotbeds of violence, which rests on and perpetuates the mainstream division of society into so-called marginal groups — the classic clienteles of social work and care politics (and of police repression) — and an implied 'centre' to which all the speakers, explainers, researchers and carers themselves belong, and which we are to assume to be a zone of nonviolence. Explaining people's violent behaviour by their circumstances also has the advantage of implying that the 'solution' lies in a change of circumstances. Thus it has become fashionable among socially minded politicians and intellectuals in Germany to argue that the rising neo- Nazi violence of young people (men), especially in former East Germany, needs to be countered by combating poverty and unem- ployment in these areas. Likewise anti-racist groups like the Anti- Racist Alliance or the Anti-Nazi League in Britain argue that 'the causes of racism, like poverty and unemployment, should be tackled' and that it is 'problems like unemployment and bad housing which lead to racism'.2 Besides being no explanation at all of why (white) poverty and unemployment should lead specifically to racist violence (and what would explain middle- and upper-class racism), it is more than questionable to combat poverty only (but precisely) when and where violence is exercised. It not only legitimates the violence (by 'explaining' it), but constitutes an incentive to violence, confirming that social problems will be taken seriously when and where 'they' attract attention by means of violence - just as the most unruly children in schools (mostly boys) tend to get more attention from teachers than well-behaved and quiet children (mostly girls). Thus if German neo-Nazi youths and youth groups, since their murderous assaults on refugees and migrants in Hoyerswerda, Rostock, Dresden etc., are treated to special youth projects and social care measures (to the tune of DM 20 million per year), including 'educative' trips to Morocco and Israel,3 this is an unmistakable signal to society that racist violence does indeed 'pay off'. Causes error replication – lack of understanding Kappeler 95 – Former lecturer in English at the University of East Anglia and an Associate Professor at the School of Humanities and Social Sciences, Al Akhawayn University. (Susanne Kappeler, The Will To Violence: The Politics of Personal Behavior, 1995 , pg 14) This readiness to engage in violence which rests on the well- known principle that holy ends justify unholy means - shows at the very least a lack of understanding about the relationship between means and ends, theory and practice, not to say cause and effect. Yet neither the means nor their ends make any sense without considering the point of departure, that is, an analysis of the real situation whose change is our aim, and out of which the means have to be developed. More importantly, however, this readiness to employ violence proves our own will to power: the will to enforce my aims whatever the cost, and in realizing them to use whatever means are expedient. Although it must certainly be the aim of any liberation politics to dismantle the social power structure and thus to decrease the possib- ilities for systematic violence and abuse, this does not spare us the question of a politics of behaviour in a world which has not yet been rid of these power structures. Nor does it suffice simply to wish for a future society in which power may no longer be exercised. Here lies the crucial difference between a Utopia or vision on the one hand, and a politics of change whose aims, however Utopian they may seem, are derived from a political analysis and critique of reality on the other. For a Utopia or 'vision' is the idealist sketch of a future state of society that remains silent about how this state can be reached (or main- tained). Its focus is on the happy future, jumping the analysis of the present and the particular problems which will need to be solved on the way to the future. It means not only to abandon any responsibility for the present, but to build this nonresponsibility into the future, since personal responsibility is given up in favour of a superior, even if invisible, institution and authority: the abolished power structure. For in the future Utopia there will be no abuse of power because there will be no power to abuse, and no violence because it will be impossible to act violently —because, in other words, not only the traditional offenders but also we ourselves would simply be prevented from behaving violently. Not only is it a vision of perfect unfreedom — of being forced to be 'good', it is also a fallacy to believe that if there were no social power structures there would no longer be any oppor- tunities for being violent. Reject their discursive reality – this is a prerequisite to preventing bad policymaking Cheeseman and Bruce, ’96 - Snr. Lecturer @ New South Wales, and best-selling author. (Graeme Cheeseman and Robert Bruce, Discourses of Danger & Dread Frontiers, 1996, p. 8) As Jim George argues in the following chapter, we need to look not so much at contending policies as they are made for us but at challenging ‘ the discursive process which gives [favored interpretations of “reality”] their meaning and which direct [Australia’s] policy/analytical/military responses’. This process is not restricted to the small, official defence and security establishment huddled around the US-Australian War Memorial in Canberra. It also encompasses much of Australia’s academic defence and security community located primarily though not exclusively within the Australian National University and the University College of the University of New South Wales. These discursive processes are examined in detail in subsequent chapters as authors attempt to make sense of a politics of exclusion and closure which exercises disciplinary power over Australia’s security community. They also question the discourse of ‘regional security’, ‘security cooperation’. ‘peacekeeping and ‘alliance politics’ that are central to Australia’s official and academic security agenda in the 1990s. This is seen as an important task especially when, as is revealed, the disciplines of International Relations and Strategic Studies are under challenge from critical and theoretical debates ranging across the social sciences and humanities; debates that are nowhere to be found in public policies on defence informed, underpinned and legitimised by a narrowly-based intellectual enterprise which draws strength rom contested concepts of realism and liberalism, which in turn seek legitimacy through policy-making processes. Contributors ask whether Australia’s policy-makers and their academic advisers are unaware of broader intellectual debates, or resistant to them, or choose not to understand them, and why? Australian defence and security studies. The chapters graphically illustrate how Australia’s and security are To summarise: a central concern of this book is to democratise the defence and security theory/practice process in Australia so that restrictions on debate can be understood and resisted. This is a crucial enterprise in an analytical/policy environment dominated by particularly rigid variants of realism which have become so powerful and unreflective that they are no longer recognized simply as particular ways of constituting the world, but as descriptions of the real—as reality itself. The consequences of this (silenced) theory-as-practice may be viewed every day in the poignant, distressing monuments to analytical/policy metooism at the Australian (Imperial) War Memorial in Canberra and the many other monuments to young Australians in towns and cities around the country. These are the flesh and blood instalments of an insurance policy strategy which, tragically, remains integral to Australian realism, despite claims of a new mature independent identity in the 1990s. This is what, unfortunately, continues to be at stake in the potentially deadly debates over defence and security revealed in this book. For this reason alone, it should be regarded as a positive and constructive contribution to debate by those who are the targets of its criticisms. Links Viewing violence as a result of circumstance ignores the possibility that people need to change and resist violence themselves. Kappeler 95 – Former lecturer in English at the University of East Anglia and an Associate Professor at the School of Humanities and Social Sciences, Al Akhawayn University. (Susanne Kappeler, The Will To Violence: The Politics of Personal Behavior, 1995 , pg 5) If we nevertheless continue to explain violence by its 'circum- stances' and attempt to counter it by changing these circumstances, it is also because in this way we stay in command of the problem. In particular, we do not complicate the problem by any suggestion that it might be people who need to change. Instead, we turn the perpet- rators of violence into the victims of circumstances, who as victims by definition cannot act sensibly (but in changed circumstances will behave differently). 'We', on the other hand, are the subjects able to take in hand the task of changing the circumstances. Even if changing the circumstances — combating poverty, unemployment,! injustice etc. — may not be easy, it nevertheless remains within 'our' scope, at least theoretically and by means of state power. Changing people, on the other hand, is neither within our power nor, it seems, ultimately in our interest: we prefer to keep certain people under control, putting limits on their violent behaviour, but we apparently have no interest in a politics that presupposes people's ability to change and aims at changing attitudes and behaviour. For changing (as opposed to restricting) other people's behaviour is beyond the range and in- fluence of our own power; only they themselves can change it. It requires their will to change, their will not to abuse power and not to use violence. A politics aiming at a change in people's behaviour would require political work that is very much more cumbersome and very much less promising of success than is the use of state power and social control. It would require political consciousness-raising — politicizing the way we think - which" cannot be imposed on others by force or compulsory educational measures. It would require a view of people which takes seriously and reckons with their will, both their will to violence or their will to change. To take seriously the will of others however would mean recognizing one's own, and putting people's will, including our own, at the centre of political reflection. A political analysis of violence needs to recognize this will, the personal decision in favour of violence — not just to describe acts of violence, or the conditions which enable them to take place, but also to capture the moment of decision which is the real impetus for violent action. For without this decision there will be no violent act, not even in circumstances which potentially permit it. It is the decision to violate, not just the act itself, which makes a person a perpetrator of violence — just as it is the decision not to do so which makes people not act violently and not abuse their power in a situation which would nevertheless permit it. This moment of decision, there- fore, is also the locus of potential resistance to violence. To understand the structures of thinking and the criteria by which such decisions are reached, but above all to regard this decision as an act of choice, seems to me a necessary precondition for any political struggle against violence and for a non-violent society. My focus, then, is on the decision to violate - not just in circum- stances where violence is conspicuous by its damage, but in every situation where the choice to violate presents itself. This means a change from the accustomed perspective on violence to the context where decisions for actions are being made, as it were 'before' their consequences become apparent, and which we may not recognize as contexts of violence. Our political analyses of sexual or racist violence have necessarily concentrated on situations where the power disequilibrium between perpetrator and victim is extreme, where, in particular, it is supported by social power structures such as male and/or white supremacy, so that not only is the violence unlikely to receive sanctions, but on the contrary, the perpetrator will find support rather than the victim. Violence, however, is a possibility wherever there is freedom of action, however limited. Such violence may 'look' different, not least because the possibilities for resistance may also be greater in situations where there is relative freedom of action also on the part of the other agent, that is, the violator's envisaged victim. Alt Focusing on a policy-making as a starting point undermines critical democratic assessment, necessary for good decisionmaking and undermining facism Cheeseman and Bruce, ’96 - Snr. Lecturer @ New South Wales, and best-selling author. (Graeme Cheeseman and Robert Bruce, Discourses of Danger & Dread Frontiers, 1996, p. 6-7) The demand tacit or otherwise, that the policy-maker’s frame of reference be accepted as the only basis for discussion and analysis ignores a three thousand year old traditional commonly associated with Socrates and purportedly integral to the Western tradition of democratic dialogue. More immediately, it ignores post-seventeenth century democratic traditions which insist that a good society must have within it some way of critically assessing its knowledge and the decisions based upon that knowledge which impacts upon citizens of such a society. This is a tradition with a slightly different connotation in contemporary liberal democracies which, during the Cold War, were proclaimed different and superior to the totalitarian enemy precisely because there were institu-tional checks and balances upon power. In short, one of the major differences between ‘open societies’ and their (closed) counterparts behind the Iron curtain was that the former encouraged the critical testing of knowledge and decisions of the powerful and assessing them against liberal democratic principles. The latter tolerated criticism only on rare and limited occasions. For some, this represented the triumph of rational-scientific methods of inquiry and techniques of falsification. For others, especially since positivism and rationalism have lost so much of their allure, it meant that for society to become open and liberal, sectors of the population must be independent of the state and free to question its knowledge and power. One must be able to say ‘why’ to power and proclaim ‘no’ to power. Though we do not expect this position to be accepted by every reader, contributors to this book believe that critical dialogue is long overdue in Australia and needs to be listened to. For all its liberal democratic trappings, Australia’s security community continues to invoke closed monological narratives on defence and security. Affirmative A2: Federalism States perceive Fusion Centers as unfunded mandates Monahan and Palmer 9 [Torin Monahan, director of the international surveillance studies network, associate editor of the Surveillance and Society academic journal, professor of communication studies, Neal A. Palmer, graduate student in community research, “The emerging politics of DHS fusion centers”, Security Dialogue, December 2009, http://publicsurveillance.com/papers/FC-SD.pdf] MG Unfunded mandates represent an additional criticism by state and local governments of fusion centers. Though federal funds have become increasingly available to establish and improve fusion centers, much of the onus of funding salaries for public- and privatesector analysts and other fusion center personnel rests with state and local authorities (Ebbert, 2005; Sheridan & Hsu, 2006). States and localities feel the need to cut budgets in other departments in order to fund fusion centers, even if threats of terrorism appear minimal, and this may weaken their ability to respond adequately to other crimes or maintain other socially necessary programs (Schmitt & Johnston, 2008; Belluck, 2004). If local and state agencies choose not to direct as much money to fusion centers, the fusion center may not operate at full strength (Hall, 2007). Ironically, then, inadequate funding at the federal level may mean that fusion centers cannot establish coordinated counter-terrorism activities throughout the country. A2: Oversight CP Oversight fails – DHS will backlash and circumvent O’Harrow Jr 12 – award winning political journalist for the Washington Post (Robert, Washington Post, October 2, 2012, “DHS ‘fusion centers’ portrayed as pools of ineptitude and civil liberties intrusions” http://www.washingtonpost.com/investigations/dhs-fusioncenters-portrayed-as-pools-of-ineptitude-and-civil-libertiesintrusions/2012/10/02/10014440-0cb1-11e2-bd1a-b868e65d57eb_story.html) //DS The ranking Republican on a Senate panel on Wednesday accused the Department of Homeland Security of hiding embarrassing information about its so-called "fusion" intelligence sharing centers, charging that the program has wasted hundreds of millions of dollars while contributing little to the country's counterterrorism efforts. In a 107-page report released late Tuesday, the Senate Permanent Subcommittee on Investigations said that Homeland Security has spent up to $1.4 billion funding fusion centers -- in effect, regional intelligence sharing centers-- that have produced "useless" reports while at the same time collecting information on the innocent activities of American Muslims that The fusion centers, created under President George W. Bush and expanded under President Barack Obama, consist of special teams of federal, state and local officials collecting and may have violated a federal privacy law. analyzing intelligence on suspicious activities throughout the country. They have been hailed by Homeland Security Secretary Janet Napolitano as “one of the centerpieces” of the nation’s counterterrorism efforts. But Sen. Tom Coburn of Oklahoma, the ranking Republican on the panel, charged Wednesday that Homeland Security had tried to bury evidence of problems at the centers. "Unfortunately, DHS has resisted oversight of these centers," he said. "The Department opted not to inform Congress or the public of serious problems plaguing its fusion centers and broader intelligence efforts. When this subcommittee requested documents that would help it identify these issues, the department initially resisted turning them over, arguing that they were protected by privilege, too sensitive to share, were protected by confidentiality agreements, or did not exist at all. The American people deserve better. I hope this report will help generate the reforms that will help keep our country safe." A spokesman for Homeland Security said in a statement to NBC News Tuesday that the Senate report was "out of date, inaccurate and misleading." Matt Chandler, a spokesman for Napolitano, said the Senate panel "refused to review relevant data, including important intelligence information pertinent to their findings." Another Homeland Security official, who spoke with NBC News on condition of anonymity, said the department has made improvements to the fusion centers and that the skills of officials working in them are “evolving and maturing.” The American Civil Liberties Union also issued a statement saying the report underscores problems that it and other civil liberty groups have been flagging for years. "The ACLU warned back in 2007 that fusion centers posed grave threats to Americans' privacy and civil liberties, and that they needed clear guidelines and independent oversight," said Michael German, ACLU senior policy counsel. "This report is a good first step, and we call upon Congress to hold public hearings to investigate fusion centers and their ongoing abuses.” Oversight doesn't solve – dysfunctional and fractured Barry ‘15 - Director of the TransBorder Project at the Center for International Policy and author of Border Wars and writer for the Boston Globe, (Tom, February 26 2015, Boston Globe, “Don't Defund, Just Dismantle the Department of Homeland Security,” http://bostonreview.net/blog/tom-barry-dismantle-department-homeland-securityimmigration) //DS No other federal department is subject to greater congressional oversight. Some ninety congressional committees and subcommittees monitor DHS operations. But this extensive oversight hasn’t produced a more effective and cost-efficient department. To the contrary. Doing the rounds before these congressional committees, DHS officials shape their statements according to the political agendas of committee chairmen, thereby further contributing to the mission drift of DHS. Rather than providing effective oversight, congressional committees—notably the House Homeland Security Committee and its Border and Maritime Security Subcommittee—function more as boosters and cheerleaders. Eager to display their hardline positions on border security or immigration enforcement, congressional members keep pushing DHS to ramp up its border security operations, resulting in a trail of monumental boondoggles such as the virtual border fence, intelligence fusion centers, deployment of military-grade drones to the border, and a border wall that costs $1–7 billion each mile (depending on the terrain) to construct. Without effective congressional oversight and with constant congressional pressure to expand DHS operations, the department relies heavily on private contractors—many of whom also generously contribute to the election campaigns of committee members—for the management and implementation of core DHS functions, such as cybersecurity. Over the past dozen years, governmental research and monitoring agencies have published an ever-expanding library of reports that the agency’s waste and failure. Hundreds of reports by the Congressional Research Service, GAO, and the DHS Office of Inspector General have painted a picture of an agency badly divided and highly dysfunctional. A2: Kappeler Structural violence is the proximate cause of all war- creates priming that psychologically structures escalation. Scheper-Hughes and Bourgois ‘4 – Professor of Anthropology at Berkley, Professor of Anthropology at the University of Pennsylvania. (Nancy ScheperHughes and Philippe Buorgois, “Introduction: Making Sense of Violence,” 2004, from Violence in War and Peace, pg. 19-22) This large and at first sight “messy” Part VII is central to this anthology’s thesis. It encompasses everything from the routinized, bureaucratized, and utterly banal violence of children dying of hunger and maternal despair in Northeast Brazil (Scheper-Hughes, Chapter 33) to elderly African Americans dying of heat stroke in Mayor Daly’s version of US apartheid in Chicago’s South Side (Klinenberg, Chapter 38) to the racialized class hatred expressed by British Victorians in their olfactory disgust of the “smelly” working classes (Orwell, Chapter 36). In these readings violence is located in the symbolic and social structures that overdetermine and allow the criminalized drug addictions, interpersonal bloodshed, and racially patterned incarcerations that characterize the US “inner city” to be normalized (Bourgois, Chapter 37 and Wacquant, Chapter 39). Violence also takes the form of class, racial, political self-hatred and adolescent self-destruction (Quesada, Chapter 35), as well Absolutely central to our approach is a blurring of categories and distinctions between wartime and peacetime violence. Close attention to the “little” violences produced in the structures, habituses, and mentalites of everyday life shifts our attention to pathologies of class, race, and gender inequalities. More important, it interrupts the voyeuristic as of useless (i.e. preventable), rawly embodied physical suffering, and death (Farmer, Chapter 34). tendencies of “violence studies” that risk publicly humiliating the powerless who are often forced into complicity with social and individual pathologies of power because suffering is often a solvent of human integrity and dignity. Thus, in this anthology we are positing a violence continuum comprised of a multitude of “small wars and invisible genocides” (see also ScheperHughes 1996; 1997; 2000b) conducted in the normative social spaces of public schools, clinics, emergency rooms, hospital wards, nursing homes, courtrooms, public registry offices, prisons, detention centers, and public morgues. The violence continuum also refers to the ease with which humans are capable of reducing the socially vulnerable into expendable nonpersons and assuming the license - even the duty - to kill, maim, or soul-murder. We realize that in referring to a violence and a genocide continuum we are flying in the face of a tradition of genocide studies that argues for the absolute uniqueness of the Jewish Holocaust and for vigilance with respect to restricted purist use of the term genocide itself (see Kuper 1985; Chaulk 1999; Fein 1990; Chorbajian 1999). But we hold an opposing and alternative view that, to the contrary, it is absolutely necessary to make just such existential leaps in purposefully linking violent acts in normal times to those of abnormal times. Hence the title of our volume: Violence in War and in Peace. If (as we concede) there is a moral risk in overextending the concept of “genocide” into spaces and corners of everyday life where we might not ordinarily think to find it (and there is), an even greater risk lies in failing to sensitize ourselves, in misrecognizing protogenocidal practices and sentiments daily enacted as normative behavior by “ordinary” good-enough citizens. Peacetime crimes, such as prison construction sold as economic development to impoverished communities in the mountains and deserts of California, or the evolution of the criminal industrial complex into the latest peculiar institution for managing race relations in the United States (Waquant, Chapter 39), constitute the “small wars and invisible genocides” to which we refer. This applies to African American and Latino youth mortality statistics in Oakland, California, Baltimore, Washington DC, and New York City. These are “invisible” genocides not because they are secreted away or hidden from view, but quite the opposite. As Wittgenstein observed, the things that are hardest to perceive are those which are right before our eyes and therefore taken for granted. In this regard, Bourdieu’s partial and unfinished theory of violence (see Chapters 32 and 42) as well as his concept of misrecognition is crucial to our task. By including the normative everyday forms of violence hidden in the minutiae of “normal” social practices - in the architecture of homes, in gender relations, in communal work, in the exchange of gifts, and so forth - Bourdieu forces us to reconsider the broader meanings and status of violence, especially the links between the violence of everyday life and explicit political terror and state repression, Similarly, Basaglia’s notion of “peacetime crimes” crimini di pace - imagines a direct relationship between wartime and peacetime violence. Peacetime crimes suggests the possibility that war crimes are merely ordinary, everyday crimes of public consent applied systematic- ally and dramatically in the extreme context of war. Consider the parallel uses of rape during peacetime and wartime, or the family resemblances between the legalized violence of US immigration and naturalization border raids on “illegal aliens” versus the US government- engineered genocide in 1938, known as the Cherokee “Trail of Tears.” Peacetime crimes suggests that everyday forms of state violence make a certain kind of domestic peace possible. Internal “stability” is purchased with the currency of peacetime crimes, many of which take the form of professionally applied “strangle-holds.” Everyday forms of state violence during peacetime make a certain kind of domestic “peace” possible. It is an easy-to-identify peacetime crime that is usually maintained as a public secret by the government and by a scared or apathetic populace. Most subtly, but no less politically or structurally, the phenomenal growth in the United States of a new military, postindustrial prison industrial complex has taken place in the absence of broadbased opposition, let alone collective acts of civil disobedience. The public consensus is based primarily on a new mobilization of an old fear of the mob, the mugger, the rapist, the Black man, the undeserving poor. How many public executions of mentally deficient prisoners in the United States are needed to make life feel more secure for the affluent? What can it possibly mean when incarceration becomes the “normative” socializing experience for ethnic minority youth in a society, i.e., over 33 percent of young African American men (Prison Watch 2002). In the end it is essential that we recognize the existence of a genocidal capacity among otherwise good-enough humans and that we need to exercise a defensive hypervigilance to the less dramatic, permitted, and even rewarded everyday acts of violence that render participation in genocidal acts and policies possible (under adverse political or economic conditions), perhaps more easily than we would like to recognize. Under the violence continuum we include, therefore, all expressions of radical social exclusion, dehumanization, depersonal- ization, pseudospeciation, and reification which normalize atrocious behavior and violence toward others. A constant self-mobilization for alarm, a state of constant hyperarousal is, perhaps, a reasonable response to Benjamin’s view of late modern history as a chronic “state of emergency” (Taussig, Chapter 31). We are trying to recover here the classic anagogic thinking that enabled Erving Goffman, Jules Henry, C. Wright Mills, and Franco Basaglia among other mid-twentieth-century radically critical thinkers, to perceive the symbolic and structural relations, i.e., between inmates and patients, between concentration camps, prisons, mental hospitals, nursing homes, and other “total institutions.” Making that decisive move to recognize the continuum of violence allows us to see the capacity and the willingness - if not enthusiasm - of ordinary people, the practical technicians of the social consensus, to enforce genocidal-like crimes against categories of rubbish people. There is no primary impulse out of which mass violence and genocide are born, it is ingrained in the common sense of everyday social life. The mad, the differently abled, the mentally vulnerable have often fallen into this category of the unworthy living, as have the very old and infirm, the sickpoor, and, of course, the despised racial, religious, sexual, and ethnic groups of the moment. Erik Erikson referred to “pseudo- speciation” as the human tendency to classify some individuals or social groups as less than fully human - a prerequisite to genocide and one that is carefully honed during the unremark- able peacetimes that precede the sudden, “seemingly unintelligible” outbreaks of mass violence. Collective denial and misrecognition are prerequisites for mass violence and genocide. But so are formal bureaucratic structures and professional roles. The practical technicians of everyday violence in the backlands of Northeast Brazil (Scheper-Hughes, Chapter 33), for example, include the clinic doctors who prescribe powerful tranquilizers to fretful and frightfully hungry babies, the Catholic priests who celebrate the death of “angel-babies,” and the municipal bureaucrats Everyday violence encompasses the implicit, legitimate, and routinized forms of violence inherent in particular social, economic, and political formations. It is close to what Bourdieu (1977, 1996) means by “symbolic violence,” who dispense free baby coffins but no food to hungry families. the violence that is often “nus-recognized” for something else, usually something good. Everyday violence is similar to what Taussig (1989) calls “terror as usual.” All these terms are meant to reveal a public secret - the hidden links between violence in war and violence in peace, and between war crimes and “peace-time crimes.” Bourdieu (1977) finds domination and violence in the least likely places - in courtship and marriage, in the exchange of gifts, in systems of classification, in style, art, and culinary taste- the various uses of culture. Violence, Bourdieu insists, is everywhere in social practice. It is misrecognized because its very everydayness and its familiarity render it invisible. Lacan identifies “rneconnaissance” as the prerequisite of the social. The exploitation of bachelor sons, robbing them of autonomy, independence, and progeny, within the structures of family farming in the European countryside that Bourdieu escaped is a case in point (Bourdieu, Chapter 42; see also ScheperHughes, 2000b; Favret-Saada, 1989). Following Gramsci, Foucault, Sartre, Arendt, and other modern theorists of power-violence, Bourdieu treats direct aggression and physical violence as a crude, uneconomical mode of domination; it is less efficient and, according to Arendt (1969), it is certainly less legitimate. While power and symbolic domination are not to be equated with violence - and Arendt argues persuasively that violence is to be understood as a failure of power - violence, as we are presenting it here, is more than simply the expression of illegitimate physical force against a person or group of persons. Rather, we need to understand violence as encompassing all forms of “controlling processes” (Nader 1997b) that assault basic human freedoms and individual or collective survival. Our task is to recognize these gray zones of violence which are, by definition, not obvious. Once again, the point of bringing into the discourses on genocide everyday, normative experiences of reification, depersonalization, institutional confinement, and acceptable death is to help answer the question: What makes mass violence and genocide possible? In this volume we are suggesting that mass violence is part of a continuum, and that it is socially incremental and often experienced by perpetrators, collaborators, bystanders - and even by victims themselves - as expected, routine, even justified. The preparations for mass killing can be found in social sentiments and institutions from the family, to schools, churches, hospitals, and the military. They harbor the early “warning signs” (Charney 1991), the “priming” (as Hinton, ed., 2002 calls it), or the “genocidal continuum” (as we call it) that push social consensus toward devaluing certain forms of human life and lifeways from the refusal of social support and humane care to vulnerable “social parasites” (the nursing home elderly, “welfare queens,” undocumented immigrants, drug addicts) to the militarization of everyday life (super-maximum-security prisons, capital punishment; the technologies of heightened personal security, including the house gun and gated communities; and reversed feelings of victimization). A2: Cap K Case solves capitalism – rejecting fusion centers as an act of revolutionary suicide rejects capitalist tools of power; aff is a manifestation of the alt. Baraka 14 - Associate Fellow at the Institute for Policy Studies (IPS) in Washington, D.C. and editor and contributing columnist for the Black Agenda Report, (Ajamu, April 30, 2014, Centre for Research on Globalization,http://www.globalresearch.ca/corporate-oligarchyor-peoples-democracy-countering-the-elite-agenda/5379847) //DS Even the tepid and formulaic kind of democracy previously permitted in the United States is too constraining for the Lords of the oligarchy is exposing the class character of the state and providing left forces a potent weapon for building oppositional consciousness.” For the Left, “it is absolutely necessary to maintain whatever democratic space still exists while struggling to expand those spaces and rights.“ For more than a decade, radical analysis has provided reams of studies revealing the political and economic dominance of an increasingly narrow sector of the U.S. and European corporate and financial elite. However, the warnings and political implications of this Capital. “In its arrogance, domination have received little attention beyond radical and left circles. It took a study by Martin Gilens of Princeton University and Benjamin Page of Northwestern University – and the current best-selling book by Thomas Piketty, Capital in the Twenty-first Century – both emanating from liberal academia – for the warnings and some of the political questions associated with the consequences of this domination to finally penetrate mainstream discourse. The Gilens and Page study focused on the question of democracy in the U.S. and provided data demonstrating that ordinary people have little influence over a democratic process in the U.S. that has been captured by the corporate and financial elite. And while they did not use the term “oligarchy,” it could be reasonably concluded from their data and arguments that the system they described had all of the characteristics of an oligarchy. Complementing this study is Piketty’s more than 600-page analysis of the evolution of capitalism over the last the capitalist tendency towards concentration of wealth had resulted in the disproportionate holding of the world’s wealth in the hands of a tiny minority of the capitalist class. 200 years. He concluded that Unfortunately, the current popularity of the analyses offered by Gilens, Page and Piketty has not translated into a deeper understanding of the nature of the political challenge posed by the dominance of capital – at least not yet. Instead, comments liberals indicate that many are still desperately holding on to the belief that the worst excesses of capitalist practices can be modified to ultimately serve the public good. For example, after demonstrating the looting by the capitalist class taking place under the current global neoliberal regime, Piketty cannot bring himself to call for even fairly modest from reforms, such as the exercise of public power to rein in and control capital. Instead, he offers the tepid recommendation of a global progressive tax on capital. But while liberals are engaged in conversation, the oligarchy has been moving to reinforce its dominance by pre-empting any attempts to exercise democratic control over their corporate and financial power. Elite opinion and state policies over the last decade in particular suggest that the Western capitalist/imperialist oligarchy has concluded that democracy and the rule of law have now become unbearable constraints for the rule of capital. Even more threatening for the world’s people is that the policies being pursued under the leadership of the U.S. show that in the midst of an irrecoverable global capitalist crisis, the U.S. is willing to turn to unregulated violence and the subversion of states – both democratic and non-democratic – in its pursuit of full-spectrum military and economic dominance. The evisceration of democracy in the U.S., represented by decisions like the Supreme Court’s in the McCutcheon case, ruling that federal caps on combined donations to candidates, parties and political action committees constituted an unconstitutional infringement on the right to free speech, is no more than the inevitable domestic expression of capital’s global strategy. It reflects the position that continued capitalist hegemony requires removing all barriers preventing the complete dominance of political life by the corporate and financial oligarchy. Supporting the coup in Honduras; subverting the democratically-elected governments in Venezuela, Bolivia, Ecuador and Ukraine; backing terrorist jihadist forces in Syria and Libya; militarizing Africa; and negotiating “free trade” agreements that remove from democratic accountability transnational corporations, banks and international financial institutions – these are just some of the expressions of this global, anti-democratic, anti-people strategy. The domestic expressions of the move towards the open dictatorship of capital are not just reflected in the McCutcheon and Citizens United cases, but also last year’s Shelby v. Holder case, which gutted the Voting Rights Act’s protection against efforts to undermine black political participation. Along with the attacks on the structures and practices of formal democracy, the efforts on the part of the national security state to monitor, limit and disrupt lawful political opposition also have to be seen as a fundamental component of this antidemocratic strategy. The National Defense Authorization Act, which arguably gave the state the right to indefinitely detain U.S. citizens; the unrestrained police assaults on working class black and Latinos across the country ; the increased collaboration between private security entities and the Department of Homeland Security, FBI and fusion centers – these are all part of the move toward neo-fascist capitalist rule. James Petras captures the essence of the ruling class strategy and dilemmas related to democracy and international law: “The empire-building offensive of the 21st century differs from that of the previous decade in several crucial ways: neo-liberal economic doctrines are discredited and electorates are not so easily convinced of the beneficence of falling under U.S. hegemony. In other words, empire-builders cannot rely on diplomacy, elections and free market propaganda to expand their imperial reach as they did in the 1990s. To reverse the retreat and advance 21st century empire-building, Washington realized it had to rely on force and violence.” The current task: Defending bourgeois democracy while transcending it The call that many liberals are making to overturn the Citizens United and McCutcheon rulings and overhaul campaign financing are misguided. Campaign finance reform as part of a broader set of transitional demands for democratic reform is a legitimate issue to highlight, but it is not enough. The issue is not campaign finance reform, but democracy. It would be a historic mistake on the part of the left to believe that it can ignore the systematic undermining of bourgeois democracy and democratic rights. On a daily basis we see the abrogation or erosion of the rights to peaceful assembly and association (organize and protest), information and free speech, legal due process, and freedom from arbitrary arrest and confinement, not to mention the right to participate in government and elections and to be free from government invasions of privacy. The idea embraced by the oligarchy that the continued rule of capital globally and in the U.S. can no longer be reconciled with the shell of democratic processes and rights, even as weak and narrow as those processes are, represents an existential threat to radical politics as the state increasingly moves toward subversion and repression. To counter this increasing authoritarianism and attacks on democratic rights, progressive politics in the U.S. require that popular forces somehow maneuver between the contradictory positions of having to defend traditional bourgeois democracy and democratic rights while simultaneously advocating and organizing to go beyond its limitations and structures. Why? Because it is absolutely necessary to maintain whatever democratic space still exists while struggling to expand those spaces and rights. Countering the anti-democratic elite agenda requires the building of broad-based alternative social blocs representing and grounded in labor, women’s groups, environmental organizations, radical hip-hop, immigrant rights, LGBTQ communities, black liberation tendencies, indigenous sovereignty movements and other historically marginalized communities, on the basis of people(s)-centered human rights, social solidarity and justice and participatory democracy in all aspects of life, including economic. The struggle for democracy and democratic rights is becoming increasingly difficult with decisions like McCutcheon that have politically solidified the open collaboration between big capital and the State and narrowed the options for “normal” democratic oppositional forms of struggle. That collaboration reveals in graphic terms – more so today than before Citizens United, McCutcheon and all of the attacks on democracy – the true nature of what passes for democracy in the U.S. and the interests aligned to subvert it. In its arrogance, the oligarchy is exposing the class character of the state and providing left forces a potent weapon for building oppositional consciousness. Building on those contradictions, the fight for democratic reforms and demands for authentic democracy with mass participation and popular sovereignty in all areas of life could potentially serve as one aspect of a basic left program that provides strategic points of unity for concentrating areas of left oppositional politics. Democracy and democratic rights, even in its bourgeois form, was never a gift from the rulers. It was expanded through struggle, and it will only be through struggle that we are able to protect those hard won advances while we simultaneously build structures of popular power to transcend its limitations. These are the concrete, objective circumstances that history has given us.