[House Report 109-741]
[From the U.S. Government Publishing Office]
109th Congress
2d Session HOUSE OF REPRESENTATIVES Report
109-741
_______________________________________________________________________
Union Calendar No. 443
REPORT ON LEGISLATIVE AND OVERSIGHT
ACTIVITIES
of the
HOUSE COMMITTEE ON HOMELAND SECURITY
together with
ADDITIONAL VIEWS
ONE HUNDRED NINTH CONGRESS
SECOND SESSION
2006
(Pursuant to House Rule XI, 1(d))
January 2, 2007.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed.
LETTER OF TRANSMITTAL
----------
House of Representatives,
Committee on Homeland Security,
Washington, DC, January 2, 2007.
Hon. Karen Haas,
Clerk of the House of Representatives,
The Capitol, Washington, DC.
Dear Ms. Haas: Pursuant to clause 1(d)(1) of Rule XI and
Rule X of the Rules of the House of Representatives, here is a
report of the legislative and oversight activities of the
Committee on Homeland Security during the 109th Congress.
Sincerely,
Peter T. King,
Chairman.
Union Calendar No. 443
109th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 109-741
======================================================================
LEGISLATIVE AND OVERSIGHT ACTIVITIES OF THE COMMITTEE ON HOMELAND
SECURITY 109TH CONGRESS
_______
January 2, 2007.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. King, from the Committee on Homeland Security, submitted the
following
R E P O R T
together with
ADDITIONAL VIEWS
Overview
The Committee on Homeland Security met on February 9, 2005,
for an organizational meeting for the 109th Congress under the
direction of Chairman Christopher Cox of California. The
Committee Membership, was set at 34 Members with 19 Republicans
and 15 Democrats.
The Committee established five Subcommittees: the
Subcommittee on Prevention of Nuclear and Biological Attack;
the Subcommittee on Intelligence, Information Sharing, and
Terrorism Risk Assessment; the Subcommittee on Economic
Security, Infrastructure Protection, and Cybersecurity; the
Subcommittee on Management, Integration, and Oversight; and the
Subcommittee on Emergency Preparedness, Science, and
Technology.
On August 2, 2005, Mr. Christopher Cox of California,
Chairman of the Committee, resigned as a Member of the House of
Representatives after the Senate confirmed his nomination to be
a Member of the Securities and Exchange Commission for the term
expiring June 5, 2009, on July 29, 2005. Subsequently, on
September 15, 2005, Mr. Peter T. King of New York was appointed
Chairman of the Committee on Homeland Security.
On October 7, 2005, the Committee on Homeland Security
revised the Rules of the Committee creating a sixth
Subcommittee, the Subcommittee on Investigations.
CONTENTS
Page
Membership and Organization...................................... 9
History of the Committee on Homeland Security.................... 13
Full Committee................................................... 15
Legislative Activities....................................... 16
Oversight Activities......................................... 68
Subcommittee on Prevention of Nuclear and Biological Attack...... 87
Legislative Activities....................................... 88
Oversight Activities......................................... 90
Subcommittee on Economic Security, Infrastructure Protection, and
Cybersecurity.................................................. 105
Legislative Activities....................................... 105
Oversight Activities......................................... 116
Subcommittee on Intelligence, Information Sharing, and Terrorism
Risk Assessment................................................ 143
Legislative Activities....................................... 143
Oversight Activities......................................... 145
Subcommittee on Management, Integration, and Oversight........... 165
Legislative Activities....................................... 165
Oversight Activities......................................... 167
Subcommittee on Emergency Preparedness, Science, and Technology.. 183
Legislative Activities....................................... 184
Oversight Activities......................................... 188
Subcommittee on Investigations................................... 205
Oversight Activities......................................... 205
Committee Oversight Plan..................................... 211
Part A, Oversight Plan As Agreed to.......................... 211
Part B, Implementation of the Oversight Plan................. 227
Appendices
Appendix I--Committee Rules.................................. 249
Appendix II--Membership Changes to the Committee............. 261
Appendix III--List of Public Laws............................ 266
Appendix IV--Status of Legislation........................... 267
Appendix V--Committee Legislative Reports.................... 274
Appendix VI--Executive Communications, Memorials, Petitions,
and Presidential Messages.................................. 276
Appendix VII--Committee Staff................................ 283
Appendix VIII--Witnesses..................................... 286
Appendix IX--Printed Hearings................................ 335
Appendix X--Committee Prints................................. 340
Appendix XI--Summary of Committee Activities................. 341
Additional Views................................................. 342
Jurisdiction and Legislative History
The establishment of a Committee on Homeland Security was
included H. Res. 5, the Rules of the House of Representatives
for the 109th Congress, agreed to on January 4, 2005. The
jurisdiction of the Committee is as follows:
HOUSE RULE X
Committees and their legislative jurisdictions
1. There shall be in the House the following standing
committees, each of which shall have the jurisdiction and
related functions assigned by this clause and clauses 2, 3, and
4. All bills, resolutions, and other matters relating to
subjects within the jurisdiction of the standing committees
listed in this clause shall be referred to those committees, in
accordance with clause 2 of rule XII, as follows:
(I) Committee on Homeland Security
(1) Overall homeland security policy.
(2) Organization and administration of the Department
of Homeland Security.
(3) Functions of the Department of Homeland Security
relating to the following:
(A) Border and port security (except
immigration policy and non-border enforcement).
(B) Customs (except customs revenue).
(C) Integration, analysis, and dissemination
of homeland security information.
(D) Domestic preparedness for and collective
response to terrorism.
(E) Research and development.
(F) Transportation security.
General oversight responsibilities
2. (a) The various standing committees shall have general
oversight responsibilities as provided in paragraph (b) in
order to assist the House in
(1) its analysis, appraisal, and evaluation of--
(A) the application, administration,
execution, and effectiveness of Federal laws;
and
(B) conditions and circumstances that may
indicate the necessity or Desirability of
enacting new or additional legislation; and
(2) its formulation, consideration, and enactment of
changes in Federal laws, and of such additional
legislation as may be necessary or appropriate.
(b)(1) In order to determine whether laws and programs
addressing subjects within the jurisdiction of a committee are
being implemented and carried out in accordance with the intent
of Congress and whether they should be continued, curtailed, or
eliminated, each standing committee (other than the Committee
on Appropriations) shall review and study on a continuing
basis--
(A) the application, administration, execution, and
effectiveness of laws and programs addressing subjects
within its jurisdiction;
(B) the organization and operation of Federal
agencies and entities having responsibilities for the
administration and execution of laws and programs
addressing subjects within its jurisdiction;
(C) any conditions or circumstances that may indicate
the necessity or desirability of enacting new or
additional legislation addressing subjects within its
jurisdiction (whether or not a bill or resolution has
been introduced with respect thereto); and
(D) future research and forecasting on subjects
within its jurisdiction.
(2) Each committee to which subparagraph (1) applies sight
subcommittee, or require its subcommittees to conduct oversight
in their respective jurisdictions, to assist in carrying out
its responsibilities under this clause. The establishment of an
oversight subcommittee does not limit the responsibility of a
subcommittee with legislative jurisdiction in carrying out its
oversight responsibilities.
(c) Each standing committee shall review and study on a
continuing basis the impact or probable impact of tax policies
affecting subjects within its jurisdiction as described in
clauses 1 and 3.
(d)(1) Not later than February 15 of the first session of a
Congress, each standing committee shall, in a meeting that is
open to the public and with a quorum present, adopt its
oversight plan for that Congress. Such plan shall be submitted
simultaneously to the Committee on Government Reform and to the
Committee on House Administration. In developing its plan each
committee shall, to the maximum extent feasible--
(A) consult with other committees that have
jurisdiction over the same or related laws, programs,
or agencies within its jurisdiction with the objective
of ensuring maximum coordination and cooperation among
committees when conducting reviews of such laws,
programs, or agencies and include in its plan an
explanation of steps that have been or will be taken to
ensure such coordination and cooperation;
(B) review specific problems with Federal rules,
regulations, statutes, and court decisions that are
ambiguous, arbitrary, or nonsensical, or that impose
severe financial burdens on individuals;
(C) give priority consideration to including in its
plan the review of those laws, programs, or agencies
operating under permanent budget authority or permanent
statutory authority;
(D) have a view toward ensuring that all significant
laws, programs, or agencies within its jurisdiction are
subject to review every 10 years; and
(E) have a view toward insuring against duplication
of Federal programs.
(2) Not later than March 31 in the first session of a
Congress, after consultation with the Speaker, the Majority
Leader, and the Minority Leader, the Committee on Government
Reform shall report to the House the oversight plans submitted
by committees together with any recommendations that it, or the
House leadership group described above, may make to ensure the
most effective coordination of oversight plans and otherwise to
achieve the objectives of this clause.
(e) The Speaker, with the approval of the House, may
appoint special ad hoc oversight committees for the purpose of
reviewing specific matters within the jurisdiction of two or
more standing committees.
Special oversight functions
3. (f) The Committee on Homeland Security shall review and
study on a continuing basis all Government activities relating
to homeland security, including the interaction of all
departments and agencies with the Department of Homeland
Security.
Legislative History To Accompany Changes to Rule X
(Congressional Record, January 4, 2005, Page H25)
Rule X and the Committee on Homeland Security
Legislative History
Overall homeland security policy--The jurisdiction of the
Committee on Homeland Security over ``overall homeland security
policy'' is to be interpreted on a government-wide or multi-
agency basis similar to the Committee on Government Reform's
jurisdiction over ``overall economy, efficiency, and management
of government operations and activities. . . .'' Surgical
addresses of homeland security policy in sundry areas of
jurisdiction occupied by other committees would not be referred
to the Committee on Homeland Security on the basis of
``overall'' homeland security policy jurisdiction.
For example, the Committee on Homeland Security shall have
jurisdiction over a bill coordinating the homeland security
efforts by all of the critical infrastructure protection
sectors. Jurisdiction over a bill addressing the protection of
a particular sector would lie with the committee otherwise
having jurisdiction over that sector.
Organization and administration of the Department of
Homeland Security--The jurisdiction of the Committee on
Homeland Security would apply only to organizational or
administrative aspects of the Department where another
committee's jurisdiction did not clearly apply. The Committee's
jurisdiction is to be confined to organizational and
administrative efforts and would not apply to programmatic
efforts within the Department of Homeland Security within the
jurisdiction of other committees.
Homeland Security Oversight--This would vest the Committee
on Homeland Security with oversight jurisdiction over the
homeland security community of the United States. Nothing in
this clause shall be construed as prohibiting or otherwise
restricting the authority of any other committee to study and
review homeland security activities to the extent that such
activity directly affects a matter otherwise within the
jurisdiction of that committee.
Individual Committee Concerns
Agriculture--The jurisdiction of the Committee on Homeland
Security over ``border and port security'' shall be limited to
agricultural importation and entry inspection activities of the
Department of Homeland Security under section 421 of the
Homeland Security Act of 2002. The Committee on Agriculture
shall retain jurisdiction over animal and plant disease policy
including the authority reserved to the Department of
Agriculture to regulate policy under section 421 of the
Homeland Security Act of 2002, and the Animal Health Protection
Act, the Plant Protection Act, the Plant Quarantine Act, and
the Agriculture Quarantine Inspection User Fee Account. The
Committee on Agriculture shall retain jurisdiction over the
agricultural research and diagnosis mission at the Plum Island
Animal Disease Center.
Armed Services--The Committee on Armed Services shall
retain jurisdiction over warfighting, the military defense of
the United States, and other military activities, including any
military response to terrorism, pursuant to section 876 of the
Homeland Security Act of 2002.
Energy and Commerce--The Committee on Homeland Security
shall have jurisdiction over measures that address the
Department of Homeland Security's activities for domestic
preparedness and collective response to terrorism. The words
``to terrorism'' require a direct relation to terrorism. The
Committee on Homeland Security's jurisdiction over ``collective
response to terrorism'' means that it shall receive referrals
of bills addressing the Department of Homeland Security's
responsibilities for, and assistance to, first responders as a
whole. The Committee on Energy and Commerce (and other relevant
committees) shall retain their jurisdiction over bills
addressing the separate entities that comprise the first
responders. For example, the Committee on Energy and Commerce
shall retain its jurisdiction over a bill directing the
Department of Health and Human Services to train emergency
medical personnel.
Financial Services--The Committee on Financial Services
shall retain jurisdiction over the National Flood Insurance
Program and Emergency Food and Shelter Program of FEMA, and the
Defense Production Act. The Committee on Financial Services
shall retain its jurisdiction over the anti-money laundering,
terrorist financing, and anti-counterfeiting activities within
the Department of the Treasury and the financial regulators.
Government Reform--The Committee on Homeland Security shall
have jurisdiction over ``the organization and administration of
the Department of Homeland Security.'' The Committee on
Government Reform shall retain jurisdiction over federal civil
service, the overall economy, efficiency, and management of
government operations and activities, including Federal
procurement, and federal paperwork reduction. The Committee on
Government Reform shall retain jurisdiction over government-
wide information management efforts including the Federal
Information Security Management Act. The Committee on Homeland
Security shall have jurisdiction over integration, analysis,
and dissemination of homeland security information by the
Department of Homeland Security, and the Committee on
Government Reform shall retain jurisdiction over measures
addressing public information and records generally including
the Privacy Act and the Freedom of Information Act. The
Committee on Government Reform shall have jurisdiction over the
policy coordination responsibilities of the Office of
Counternarcotics Enforcement.
Intelligence--The Permanent Select Committee on
Intelligence shall retain jurisdiction over the intelligence
and intelligence-related activities of all departments and
agencies of the Federal Government, including the Office of the
Director of National Intelligence and the National
Counterterrorism Center as defined in the Intelligence Reform
and Terrorism Prevention Act of 2004.
Judiciary--The Committee on the Judiciary shall retain
jurisdiction over immigration policy and non-border enforcement
of the immigration laws. Its jurisdiction over immigration
policy shall include matters such as the immigration and
naturalization process, numbers of aliens (including immigrants
and non-immigrants) allowed, classifications and lengths of
allowable stay, the adjudication of immigration petitions and
the requirements for the same, the domestic adjudication of
immigration petitions and applications submitted to the
Department of Labor or the Department of Homeland Security and
setting policy with regard to visa issuance and acceptance. Its
jurisdiction over non-border enforcement shall be limited to
those aspects of immigration enforcement not associated with
the immediate entry of individuals into the country, including
those aspects of the Bureau of Immigration and Customs
Enforcement. The Committee on Homeland Security shall have
jurisdiction over border and port security including the
immigration responsibilities of inspectors at ports of entry
and the border patrol. As used in the new Rule X(1)(l)(9) and
this legislative history, the word ``immigration'' shall be
construed to include ``naturalization'' and no substantive
change is intended by the new rule's not containing the word
``naturalization.''
Science--The Committee on Science shall retain some
jurisdiction over the research and development activities of
the Department of Homeland Security as such matters are
incidental to the Committee on Science's existing jurisdiction
(except where those activities are in the jurisdiction of
another committee).
Transportation and Infrastructure--The Committee on
Transportation and Infrastructure shall retain jurisdiction
over the Coast Guard. However, the Committee on Homeland
Security has jurisdiction over port security, and some Coast
Guard responsibilities in that area will fall within the
jurisdiction of both committees. Jurisdiction over emergency
preparedness will be split between the Committee on
Transportation and Infrastructure and the Committee on Homeland
Security. The Committee on Transportation and Infrastructure
shall retain its jurisdiction under clause 1(r)(2) over
``federal management of emergencies and natural disasters.''
This means that the committee retains its general jurisdiction
over the emergency preparedness and response operations of the
Federal Emergency Management Agency (FEMA). Bills addressing
FEMA's general preparation for disaster from any cause shall be
referred to the Committee on Transportation and Infrastructure.
The Committee on Homeland Security shall have jurisdiction over
the Department of Homeland Security's responsibilities with
regard to emergency preparedness only as they relate to acts of
terrorism. Thus, the Committee on Homeland Security shall have
jurisdiction over the responsibilities of the Office for
Domestic Preparedness, in accordance with section 430 of the
Homeland Security Act of 2002.
As indicated earlier, the Committee on Homeland Security's
jurisdiction over ``collective response to terrorism'' means
that it would receive referrals of bills addressing the
Department of Homeland Security's responsibilities for, and
assistance to, first responders as a whole and not over
measures addressing first responder communities individually.
The Committee on Homeland Security shall have jurisdiction
over the functions of the Department of Homeland Security
relating to transportation security, while the Committee on
Transportation and Infrastructure shall retain its jurisdiction
over transportation safety. In general, the Committee on
Homeland Security would have jurisdiction over bills addressing
the Transportation Security Administration and the Committee on
Transportation and Infrastructure would have jurisdiction over
bills addressing the various entities within the Department of
Transportation having responsibility for transportation safety,
such as the Federal Aviation Administration and the Federal
Motor Carrier Safety Administration. The jurisdiction of the
Committee on Homeland Security does not include expenditures
from trust funds under the jurisdiction of other committees,
including but not limited to the Highway Trust Fund, the
Airport and Airway Trust Fund, the Harbor Maintenance Trust
Fund, the Federal Buildings Fund, and the Inland Waterways
Trust Fund.
Ways and Means--The jurisdiction of the Committee on Ways
and Means over ``customs revenue'' is intended to include those
functions contemplated in section 412(b)(2) of the Homeland
Security Act of 2002 and includes those functions as carried
out in collection districts and ports of entry and delivery.
Membership and Organization of the Committee on Homeland Security
(19-15)
PETER T. KING, New York, Chairman
Bennie G. Thompson, Mississippi Don Young, Alaska
Loretta Sanchez, California Lamar S. Smith, Texas
Edward J. Markey, Massachusetts Curt Weldon, Pennsylvania, Vice
Norman D. Dicks, Washington Chairman
1Jane Harman, California Christopher Shays, Connecticut
Peter A. DeFazio, Oregon John Linder, Georgia
Nita M. Lowey, New York Mark E. Souder, Indiana
Eleanor Holmes Norton, District of Columbiavis, Virginia
Zoe Lofgren, California Daniel E. Lungren, California
Sheila Jackson-Lee, Texas Jim Gibbons, Nevada
Bill Pascrell, Jr., New Jersey Rob Simmons, Connecticut
Donna M. Christensen, U.S. Virgin Islands Rogers, Alabama
Bob Etheridge, North Carolina Stevan Pearce, New Mexico
James R. Langevin, Rhode Island Katherine Harris, Florida
Kendrick B. Meek, Florida Bobby Jindal, Louisiana
David G. Reichert, Washington
Michael T. McCaul, Texas
Charles W. Dent, Pennsylvania
Ginny Brown-Waite, Florida
January 4, 2005--Establishment of the Committee on Homeland Security,
pursuant to the provisions of H. Res. 5. Congressional Record H7.
January 6, 2005 Appointment of Mr. Christopher Cox of California as
Chairman and Mr. Bennie G. Thompson of Mississippi as Ranking Member
pursuant to H. Res. 32 and H. Res. 33. Congressional Record H81-83.
January 25, 2005 Appointment of Mr. Daniel E. Lungren of California;
Mr. Bobby Jindal of Louisiana; Mr. Dave Reichert of Washington; Mr.
Michael McCaul of Texas; and Mr. Charlie Dent of Pennsylvania to the
Committee pursuant to H. Res. 48. Congressional Record H200.
February 9, 2005 Appointment of Majority Members to the Committee
pursuant to H. Res. 73. Congressional Record H419.
February 9, 2005 Appointment of Minority Members to the Committee
pursuant to H. Res. 74. Congressional Record H422.
August 2, 2005 Mr. Christopher Cox of California, Chairman of the
Committee, resigned as a Member of the House of Representatives after
the Senate, on July 29, 2005, confirmed his nomination to be a Member
of the Securities and Exchange Commission for the term expiring June 5,
2009.
September 15, 2005 Mr. Peter T. King of New York was appointed Chairman
of the Committee on Homeland Security, and Ms. Ginny Brown-Waite of
Florida was appointed to the Committee to rank after Mr. Dent pursuant
to H. Res. 445. Congressional Record H8061.
December 8, 2006--Mr. Jim Gibbons of Nevada resigned as a Member of the
from the U.S. House of Representatives.
Subcommittee on Prevention of Nuclear and Biological Attack
(8-6)
JOHN LINDER, Georgia, Chairman
James R. Langevin, Rhode Island Don Young, Alaska
Edward J. Markey, Massachusetts Christopher Shays, Connecticut
Norman D. Dicks, Washington Daniel E. Lungren, California
Jane Harman, California Jim Gibbons, Nevada
Eleanor Holmes Norton, District of Columbiammons, Connecticut
Donna M. Christensen, U.S. Virgin Islandsy Jindal, Louisiana
Bennie G. Thompson, Mississippi (Ex Officio) W. Dent, Pennsylvania
Peter T. King, New York (Ex
Officio)
Jurisdiction: Prevention of terrorist attacks on the United States
involving nuclear and biological weapons, including the Department of
Homeland Security's role in nuclear and biological counter-
proliferation and detection of fissile materials, biological weapons,
precursors, and production equipment; the Department of Homeland
Security's role in detecting and interdicting commerce in and transit
of nuclear and biological weapons, components, precursors, delivery
systems, and production equipment; development and deployment of
sensors to detect nuclear and biological weapons, components,
precursors, and production equipment; inspections conducted
domestically and abroad to detect and interdict nuclear and biological
weapons, components, precursors, delivery systems, and production
equipment; nuclear and biological threat certification and
characterization; preventative use of technology, including forensic
analytic techniques, to attribute nuclear and biological weapons-
related samples to their sources; border, port, and transportation
security designed to prevent nuclear and biological attacks on the
United States; integration of federal, state, and local efforts to
prevent nuclear and biological attacks, including coordination of
border security initiatives for this purpose; conducting relevant
oversight; and other matters referred to the Subcommittee by the
Chairman.
------
Subcommittee on Intelligence, Information Sharing, and Terrorism Risk
Assessment
(9-7)
ROB SIMMONS, Connecticut, Chairman
Zoe Lofgren, California Curt Weldon, Pennsylvania
Loretta Sanchez, California Mark E. Souder, Indiana
Jane Harman, California Daniel E. Lungren, California
Nita M. Lowey, New York Jim Gibbons, Nevada
Sheila Jackson-Lee, Texas Stevan Pearce, New Mexico
James R. Langevin, Rhode Island Bobby Jindal, Louisiana
Kendrick B. Meek, Florida Charles W. Dent, Pennsylvania
Bennie G. Thompson, Mississippi (Ex Officio)rown-Waite, Florida
Peter T. King, New York (Ex
Officio)
Jurisdiction: Intelligence and information sharing for the purpose of
preventing, preparing for, and responding to potential terrorist
attacks on the United States; the responsibility of the Department of
Homeland Security for comprehensive, nationwide, terrorism-related
threat, vulnerability, and risk analyses; the integration, analysis,
and dissemination of homeland security information, including the
Department of Homeland Security's participation in, and interaction
with, other public and private sector entities for any of those
purposes; communications of terrorism-related information by the
federal government to State, local, and private sector entities;
issuance of terrorism threat advisories and warnings (including
administration of the Homeland Security Advisory System); liaison of
the Department of Homeland Security with U.S. intelligence and law
enforcement agencies; information gathering, analysis, and sharing by
Department of Homeland Security entities; the role of intelligence in
terrorism threat prioritization; conducting relevant oversight; and
other matters referred to the Subcommittee by the Chairman.
------
Subcommittee on Economic Security, Infrastructure Protection, and
Cybersecurity
(9-7)
DANIEL E. LUNGREN, California,
Chairman
Loretta Sanchez, California Don Young, Alaska
Edward J. Markey, Massachusetts Lamar S. Smith, Texas
Norman D. Dicks, Washington John Linder, Georgia
Peter A. DeFazio, Oregon Mark E. Souder, Indiana
Zoe Lofgren, California Mike Rogers, Alabama
Sheila Jackson-Lee, Texas Stevan Pearce, New Mexico
James R. Langevin, Rhode Island Katherine Harris, Florida
Bennie G. Thompson, Mississippi (Ex Officio)indal, Louisiana
Peter T. King, New York (Ex
Officio)
Jurisdiction: Development of strategies to protect against terrorist
attack against the United States; prioritizing risks through analytical
tools and cost/benefit analyses; prioritizing investment in critical
infrastructure protection across all sectors, including transportation
(air, land, sea, and intermodal, both domestic and international);
defeating terrorist efforts to inflict economic costs through threats
and violence; mitigation of potential consequences of terrorist attacks
on critical infrastructure, and related target hardening strategies;
border, port, and transportation security; in the wake of an attack on
one sector, ensuring the continuity of other sectors including critical
government, business, health, financial, commercial, and social service
functions; security of computer, telecommunications, information
technology, industrial control systems, electronic infrastructure, and
data systems; protecting government and private networks and computer
systems from domestic and foreign attack; preventing potential injury
to civilian populations and physical infrastructure resulting, directly
or indirectly, from cyber attacks; with respect to each of the
foregoing, assessing the impact of potential protective measures on the
free flow of commerce and the promotion of economic growth; conducting
relevant oversight; and other matters referred to the Subcommittee by
the Chairman.
------
Subcommittee on Management, Integration and Oversight
(7-5)
MIKE ROGERS, Alabama, Chairman
Peter T. King, New York (Ex Officio) John Linder, Georgia
Kendrick B. Meek, Florida Mark E. Souder, Indiana
Edward J. Markey, Massachusetts Tom Davis, Virginia
Zoe Lofgren, California Katherine Harris, Florida
Sheila Jackson-Lee, Texas David G. Reichert, Washington
Bill Pascrell, Jr., New Jersey Michael T. McCaul, Texas
Bennie G. Thompson, Mississippi (Ex Officio)
Jurisdiction: Oversight of Department of Homeland Security progress in
implementing the management and organizational directives of the
Homeland Security Act and other homeland security-related mandates;
Department of Homeland Security offices responsible for the provision
of department-wide services, including the Under Secretary for
Management, the Chief Information Officer, and the Chief Financial
Officer; cross-directorate, Department-wide standardization and
programmatic initiatives; investigations and reports by the Inspector
General of the Department of Homeland Security; standardization and
security of Department of Homeland Security communications systems and
information technology infrastructure; harmonization and effectiveness
of Department of Homeland Security budgeting, acquisition, procurement,
personnel, and financial management systems; incentives and barriers to
hiring that affect Department components; Department of Homeland
Security-initiated internal reorganizations; conducting relevant
oversight; and other matters referred to the Subcommittee by the
Chairman.
------
Subcommittee on Emergency Preparedness, Science, and Technology
(10-8)
DAVID G. REICHERT, Washington,
Chairman
Bill Pascrell, Jr., New Jersey Lamar S. Smith, Texas
Loretta Sanchez, California Curt Weldon, Pennsylvania
Norman D. Dicks, Washington Rob Simmons, Connecticut
Jane Harman, California Mike Rogers, Alabama
Nita M. Lowey, New York Stevan Pearce, New Mexico
Eleanor Holmes Norton, District of Columbiaine Harris, Florida
Donna M. Christensen, U.S. Virgin Islandsael T. McCaul, Texas
Bob Etheridge, North Carolina Charles W. Dent, Pennsylvania
Bennie G. Thompson, Mississippi (Ex Officio)rown-Waite, Florida
Peter T. King, New York (Ex
Officio)
Jurisdiction: Preparedness for and collective response to terrorism,
including federal support to first responders; terrorism-related
incident management and response; consequence mitigation; Department of
Homeland Security-administered homeland security grants to first
responders; conduct and coordination of exercises and training relating
to mitigating the effects of and responding to terrorist attacks
(including nuclear, biological, radiological, and chemical attacks on
civilian populations); federal government coordination of terrorism-
related emergency preparedness and response with and among state and
local governments, the private sector, and the public; research,
development and deployment of technology for combating terrorism;
adaptation of existing technologies to homeland security prevention
priorities; coordination and enhancement of Department of Homeland
Security interaction on science and technology matters with the private
sector, federally funded research and development centers, educational
institutions, the National Laboratories, and other scientific
resources; Department of Homeland Security-based science and technology
entities and initiatives; conducting relevant oversight; and other
matters referred to the Subcommittee by the Chairman.
------
Subcommittee on Investigations
(5-3)
MICHAEL T. McCAUL, Texas, Chairman
Bob Etheridge, North Carolina (Acting)hristopher Shays, Connecticut
Bill Pascrell, Jr., New Jersey Daniel E. Lungren, California
Donna M. Christensen, U.S. Virgin Islandsd G. Reichert, Washington
Bennie G. Thompson, Mississippi (Ex Officio)rown-Waite, Florida
Peter T. King, New York (Ex
Officio)
Jurisdiction: Conduct of investigations into matters within the
jurisdiction of the full Committee and referred to the subcommittee by
the Chairman.
HISTORY OF THE COMMITTEE ON HOMELAND SECURITY
The 109th Congress marks the first Congress for the
standing Committee on Homeland Security. During the two
previous Congresses, the House of Representatives established
separate Select Committees on Homeland Security: the first to
establish the Department of Homeland Security, the second to
monitor the initial activities of the Department and to examine
the need for a standing committee in the House with
jurisdictional authority over the Department.
Standing Committee on Homeland Security
109th Congress
The Committee on Homeland Security was established as a
standing Committee of the House with the passage of H. Res. 5,
on January 4, 2005. The resolution was adopted by a recorded
vote of 220 yeas and 195 nays.
On February 9, 2005, the Committee on Homeland Security
adopted its Rules, which provided for the establishment of five
Subcommittees. The Subcommittee on Prevention of Nuclear and
Biological Attack; the Subcommittee on Intelligence,
Information Sharing, and Terrorism Risk Assessment; the
Subcommittee on Economic Security, Infrastructure Protection,
and Cybersecurity; the Subcommittee on Management, Integration,
and Oversight; and the Subcommittee on Emergency Preparedness,
Science, and Technology.
On October 7, 2005, the Committee revised its Rules to
establish a Subcommittee on Investigations.
Select Committees on Homeland Security
107th Congress
In the 107th Congress, the House Select Committee on
Homeland Security was established on June 19, 2002, pursuant to
H. Res. 449 (adopted by voice vote). The Committee was composed
of nine Members of the House: Mr. Armey, Chairman; Mr. DeLay;
Mr. Watts of Oklahoma; Ms. Pryce of Ohio; Mr. Portman; Ms.
Pelosi; Mr. Frost; Mr. Menendez; and Ms. DeLauro.
The mandate of the Select Committee in the 107th Congress
was to ``develop recommendations and report to the House on
such matters that relate to the establishment of a department
of homeland security.'' The Select Committee accomplished its
mandate on November 22, 2002, when the House concurred in the
Senate amendment to H.R. 5005, a bill establishing the
Department of Homeland Security, by unanimous consent, and
cleared H.R. 5005 for the President. The bill was presented to
the President on November 22, 2002, and was signed on November
25, 2002, becoming Public Law 107-296.
The termination date of the House Select Committee on
Homeland Security was ``after final disposition of a bill [ . .
. ] including final disposition of any veto message on such
bill, `` which occurred on November 25, 2002.
108th Congress
The House Select Committee on Homeland Security was re-
established in the 108th Congress on January 7, 2003, pursuant
to provisions of H. Res. 5 (adopted by a recorded vote of 221
yeas and 203 nays.) The Membership of the Select Committee was
established on February 12, 2003, as: Mr. Cox of California,
Chairman; Ms. Dunn of Washington; Mr. Young of Florida; Mr.
Young of Alaska; Mr. Sensenbrenner of Wisconsin; Mr. Tauzin of
Louisiana; Mr. Dreier of California; Mr. Hunter of California;
Mr. Rogers of Kentucky; Mr. Boehlert of New York; Mr. Smith of
Texas; Mr. Weldon of Pennsylvania; Mr. Shays of Connecticut;
Mr. Goss of Florida; Mr. Camp of Michigan; Mr. Lincoln Diaz-
Balart of Florida; Mr. Goodlatte of Virginia; Mr. Istook of
Oklahoma; Mr. King of New York; Mr. Linder of Georgia; Mr.
Shadegg of Arizona; Mr. Souder of Indiana; Mr. Thornberry of
Texas; Mr. Gibbons of Nevada; Ms. Granger of Texas; Mr.
Sessions of Texas; Mr. Sweeney of New York; Mr. Turner of
Texas; Mr. Thompson of Mississippi; Ms. Loretta Sanchez of
California; Mr. Markey of Massachusetts; Mr. Dicks of
Washington; Mr. Frank of Massachusetts; Ms. Harman of
California; Mr. Cardin of Maryland; Ms. Slaughter of New York;
Mr. DeFazio of Oregon; Mrs. Lowey of New York; Mr. Andrews of
New Jersey; Ms. Norton, a Delegate from the District of
Columbia; Ms. Lofgren of California; Ms. McCarthy of Missouri;
Ms. Jackson-Lee of Texas; Mr. Pascrell of New Jersey; Mrs.
Christensen, a Delegate from the U.S. Virgin Islands; Mr.
Etheridge of North Carolina; Mr. Gonzalez of Texas; Mr. Lucas
of Kentucky; Mr. Langevin of Rhode Island; and Mr. Meek of
Florida.
The Select Committee was authorized to develop
recommendations and report to the House by bill or otherwise on
such matters that relate to the Homeland Security Act of 2002
(Public Law 107-296) as may be referred to it by the Speaker,
and was charged with reviewing and studying on a continuing
basis laws, programs, and Government activities relating to
homeland security. In addition, the Select Committee was
directed to conduct a thorough and complete study of the
operation and implementation of the Rules of the House,
including Rule X, with respect to the issue of homeland
security, and submit its recommendations regarding any changes
in the Rules of the House to the Committee on Rules not later
than September 30, 2004.
On September 30, 2004, the Select Committee on Homeland
Security submitted its recommendations on jurisdictional
changes to the Rules of the House of Representatives to the
Committee on Rules.
Pursuant to H. Res. 5, the Select Committee terminated on
January 2, 2005, with the expiration of the 108th Congress.
Full Committee
PETER T. KING, New York, Chairman
Bennie G. Thompson, Mississippi Don Young, Alaska
Loretta Sanchez, California Lamar S. Smith, Texas
Edward J. Markey, Massachusetts Curt Weldon, Pennsylvania, Vice
Norman D. Dicks, Washington Chairman
Jane Harman, California Christopher Shays, Connecticut
Peter A. DeFazio, Oregon John Linder, Georgia
Nita M. Lowey, New York Mark E. Souder, Indiana
Eleanor Holmes Norton, District of Columbiavis, Virginia
Zoe Lofgren, California Daniel E. Lungren, California
Sheila Jackson-Lee, Texas Jim Gibbons, Nevada
Bill Pascrell, Jr., New Jersey Rob Simmons, Connecticut
Donna M. Christensen, U.S. Virgin Islands Rogers, Alabama
Bob Etheridge, North Carolina Stevan Pearce, New Mexico
James R. Langevin, Rhode Island Katherine Harris, Florida
Kendrick B. Meek, Florida Bobby Jindal, Louisiana
David G. Reichert, Washington
Michael T. McCaul, Texas
Charles W. Dent, Pennsylvania
Ginny Brown-Waite, Florida
During the 109th Congress, the Committee on Homeland
Security held a total of 12 hearings and received testimony
from 38 witnesses on numerous topics and measures. Oversight
activities focused on a variety of subjects, including an
examination of Department of Homeland Security (DHS or ``the
Department'') restructuring efforts, risk-based allocation of
resources, first responder grant funding, reforming the
disaster response capabilities of the Federal Emergency
Management Agency (FEMA), securing the Nation's international
borders and ports, and monitoring the homeland security
implications of foreign investment in the United States. In
addition to these oversight efforts, the Committee on Homeland
Security worked on a number of important legislative
initiatives, including enactment of public laws relating to
port security, chemical facility security, border security, and
emergency management reform. The Committee also secured House
consideration and passage of other legislation reforming the
Department's terrorism grant programs to require risk-based
allocation of those resources, and comprehensively
reauthorizing the Department's activities related to terrorism
prevention, preparedness and response. The legislative and
oversight record of the Committee is discussed more fully
below.
Organizational Meetings of the Committee
The Committee on Homeland Security was established as a
standing Committee of the House of Representatives with the
passage of H. Res. 5, the Rules of the House adopted on the
first day of the session, January 4, 2005.
On February 9, 2005, the Committee on Homeland Security
adopted its Rules, which provided for the establishment of five
Subcommittees: the Subcommittee on Prevention of Nuclear and
Biological Attack; the Subcommittee on Intelligence,
Information Sharing, and Terrorism Risk Assessment; the
Subcommittee on Economic Security, Infrastructure Protection,
and Cybersecurity; the Subcommittee on Management, Integration,
and Oversight; and the Subcommittee on Emergency Preparedness,
Science, and Technology.
On October 7, 2005, the Committee on Homeland Security met
to modify the Rules of the Committee to include an additional
Subcommittee on Investigations, and conduct additional
Committee business.
Legislative Activities of the Committee
EMERGENCY SUPPLEMENTAL APPROPRIATIONS ACT FOR DEFENSE, THE GLOBAL WAR
ON TERROR, AND TSUNAMI RELIEF, 2005
Public Law 109-13 H.R. 1268 (H.R. 418)
Making Emergency Supplemental Appropriations for Defense,
the Global War on Terror, and Tsunami Relief, for the fiscal
year ending September 30, 2005, and for other purposes.
Summary
The Emergency Supplemental Appropriations Act for Defense,
the Global War on Terror, and Tsunami Relief Act of 2005
incorporates provisions of H.R. 418, the Real ID Act of 2005, a
bill which contains several provisions to improve homeland
security and address general immigration matters. The Committee
on Homeland Security was consulted during the House-Senate
Conference on H.R. 1268 on provisions relating to secure
identification cards and physical barriers at the border.
Title I of the REAL ID Act amends the Immigration and
Nationality Act (INA) (P.L. 82-414, amended) to provide for the
inadmissibility and expeditious removal of persons with
connections to terrorists or terrorist activity, and waives
certain legal requirements for the improvement of certain
physical barriers at the Nation's border.
Title II requires that any State-issued documentation used
by citizens for Federal purposes, such as accessing Federal
facilities, boarding commercial airliners, entering nuclear
power plants, and any other purpose that the Secretary of
Homeland Security determines appropriate, must meet certain
minimum standards to be accepted by the Federal government. The
Secretary of Homeland Security, in consultation with the
Department of Transportation and individual States, is required
to establish minimum standards for a driver's license or
identification card issued to a person by a State. States have
three years to comply with those standards, and the Secretary
is authorized to issue grants to States to assist in this
effort.
Title III of the REAL ID Act directs the Under Secretary of
Homeland Security for Border and Transportation Security to
study and report on the technology, equipment, and personnel
needed to address security vulnerabilities at United States
December 9, 2006 borders with Canada and the United Mexican
States and to develop and implement a plan to improve
communications and information sharing among Federal, State and
local government agencies, as well as Tribal Governments on
border security matters.
Legislative History
H.R. 418 was introduced in the House January 26, 2005, by
Mr. Sensenbrenner and 115 original cosponsors. The bill was
referred to the Committee on the Judiciary, the Committee on
Homeland Security, and the Committee on Government Reform.
Within the Committee on Homeland Security, H.R. 418 was held at
the Full Committee.
On February 8, 2005, the Committee on Rules met and granted
a Rule providing for the consideration of H.R. 418. The Rule
was filed in the House as H. Res. 71 (H. Rpt. 109-3). The House
agreed to H. Res. 71 by voice vote on February 9, 2005. The
House began consideration of H.R. 418 on February 9, 2005, but
did not complete consideration. On February 9, 2005, the
Committee on Rules met and granted a second Rule providing for
the continued consideration of H.R. 418. The Rule was filed in
the House as H. Res. 75 (H. Rpt. 109-3). The House agreed to H.
Res. 75 by a recorded vote of 228 yeas and 198 nays. The House
continued consideration of H.R. 418 on February 10, 2005, and
passed the bill, amended, by a recorded vote of 261 yeas and
161 nays.
H.R. 418 was received in the Senate and referred to the
Senate Committee on the Judiciary on February 14, 2005.
The Committee on Appropriations reported an original
measure, H.R. 1268 making emergency supplemental appropriations
on March 11, 2005. (H. Rpt. 109-16). On March 14, 2005, the
Committee on Rules met and granted a Rule providing for the
consideration of H.R. 1268, the Rule was filed in the House as
H. Res. 151 (H. Rpt. 109-18). The Rule provided for the
consideration of H.R. 1268, and stated that, upon engrossment
of H.R. 1268, the Clerk shall add the text of H.R. 418, as
passed by the House, as a new matter at the end of H.R. 1268,
and to conform the title of H.R. 1268 to reflect the addition.
The House agreed to H. Res. 151 by voice vote on March 15,
2005, and proceeded to the consideration of H.R. 1268. The
House continued consideration of H.R. 1268 on March 16, 2005,
and on that date, passed the bill by a recorded vote of 338
yeas and 43 nays.
H.R. 1268, as amended with the text of H.R. 418, as passed
by the House, was received in the Senate on March 16, 2005 and
referred to the Senate Committee on Appropriations.
On April 5, 2005, the Chairman of the Committee on Homeland
Security sent a letter to the Speaker of the House requesting
the appointment of Members of the Committee on Homeland
Security to a House-Senate Conference on H.R. 418. The letter
further indicated that sections 102, 103, 104, and sections 202
through 207 of the House passed version of H.R. 418 fall within
the jurisdictional interests of the Committee on Homeland
Security. On April 6, 2005, the Chairman of the Committee on
Homeland Security sent a second letter to the Speaker of the
House requesting the appointment of conferees to a House-Senate
Conference on H.R. 1268.
On April 6, 2005, the Senate Committee on Appropriations
reported H.R. 1268 to the Senate (S. Rpt. 109-52). The Senate,
on that date, reached a unanimous consent agreement to provide
for the consideration of H.R. 1268 on April 11, 2005. On April
11, 12, 13, 14, and 15, 2005, the Senate considered H.R. 1268.
A cloture motion was presented in the Senate on April 15, 2005.
The Senate continued consideration of H.R. 1268 on April 18,
and 19, 2005. On April 19, 2005, cloture was invoked by a vote
of 100 yeas and 0 nays. The Senate continued consideration of
H.R. 1268 on April 20 and 21, 2005. On April 21, 2005, the
Senate passed H.R. 1268, amended, by a recorded vote of 99 yeas
and 0 nays.
On April 21, 2005, the Senate insisted upon its amendment;
requested a Conference with the House thereon; and appointed
Conferees: Senators Cochran, Stevens, Specter, Domenici, Bond,
McConnell, Burn, Shelby, Gregg, Bennett, Craig, Hutchinson,
DeWine, Brownback, Allard, Byrd, Inouye, Leahy, Harkin,
Mikulski, Reid, Kohl, Murray, Dorgan, Feinstein, Durbin,
Johnson, and Landrieu.
On April 26, 2005, the House disagreed to the Senate
amendments to H.R. 1268 and agreed to a Conference with the
Senate thereon. The Speaker then appointed Conferees on the
part of the House: Mr. Lewis of California, Mr. Young of
Florida, Mr. Regula, Mr. Rogers of Kentucky, Mr. Wolf, Mr.
Kolbe, Mr. Walsh, Mr. Taylor of North Carolina, Mr. Hobson, Mr.
Bonilla, Mr. Knollenberg, Mr. Obey, Mr. Murtha, Mr. Dicks, Mr.
Sabo, Mr. Mollohan, Mr. Visclosky, Ms. Lowey, and Mr. Edwards.
The Committee of Conference met on April 27, 2005, and
filed the Conference Report to accompany H.R. 1268 in the House
on May 3, 2005, as H. Rpt. 109-72.
On May 4, 2005, the Committee on Rules met and granted a
Rule providing for the consideration of the Conference Report
to accompany H.R. 1268. The Rule was filed in the House as H.
Res. 258 (H. Rpt. 109-73). On May 5, 2005, the House agreed to
H. Res. 258 by voice vote. The House subsequently considered
the Conference Report to accompany H.R. 1268 under the
provisions of H. Res. 258, and agreed to the Conference Report
by a recorded vote of 368 yeas, 48 nays, and 1 voting
``present.''
The Senate agreed to the Conference Report to accompany
H.R. 1268 by a recorded vote of 100 yeas and 0 nays on May 10,
2006. On that date, the Senate also considered S. Con. Res. 31,
correcting the enrollment of H.R. 1268, and agreed to the
resolution without amendment by unanimous consent. On May 11,
2005, the House considered S. Con. Res. 31 under the Suspension
of the Rules and agreed to the resolution by voice vote.
Pursuant to the provisions of S. Con. Res. 31, the enrollment
corrections on H.R. 1268 having been made, H.R. 1268 was
cleared for the President.
H.R. 1268 was presented to the President on May 11, 2005.
The President signed H.R. 1268 into Law on May 11, 2005.
(Public Law 109-13).
SAFE, ACCOUNTABLE, FLEXIBLE, EFFICIENT TRANSPORTATION EQUITY ACT: A
LEGACY FOR USERS
Public Law 109-59 H.R. 3
To authorize funds for Federal-aid highways, highway safety
programs, and transit programs, and for other purposes.
Summary
As passed by the House, H.R. 3 included provisions relating
to requirements under the Uniting and Strengthening America by
Providing Appropriate Tools Required to Intercept and Obstruct
Terrorism (USA PATRIOT ACT) Act of 2001 (P.L. 107-56) regarding
hazardous materials Endorsement Credentialing handled by the
Transportation Security Administration. Members of the
Committee on Homeland Security were appointed as conferees
during the House-Senate Conference on H.R. 3 to sections 1834,
6027, 7324, and 7325 of the Senate amendment.
Section 1834, ``Comprehensive Coastal Evacuation Plan,''
requires the Secretary of Transportation and the Secretary of
Homeland Security to jointly develop a written comprehensive
plan for evacuation of the coastal areas of the United States
to be used during any natural or man-made disaster that affects
coastal populations. The plan was required to consider all
modes of transportation and methods of communicating available
for evacuations.
Section 6027, ``Investigations of Safety And Security
Risk,'' amends 49 U.S.C. Sec. 5329 to permit the Secretary of
Transportation to conduct investigations into safety hazards
and security risks associated with a condition in applicable
public transportation equipment, facilities, or operations to
establish the nature and extent of the condition and how to
eliminate, mitigate, or correct it.
Section 7324, ``Limitation on Issuance of Hazmat
Licenses,'' amends 49 U.S.C. Sec. 5301a, to designate the
Secretary of Homeland Security, instead of the Secretary of
Transportation, as the individual responsibility for
determining whether an applicant poses a security risk
warranting denial of the a license to operate a motor vehicle
transporting in commerce a hazardous material.
Section 7325, ``Background Checks for Drivers Hauling
Hazardous Materials,'' requires commercial motor vehicle
operator registered to operate in Mexico or Canada who
transport a hazardous material in commerce in the United States
to undergo a background records check similar to the background
records check required for commercial motor vehicle operators
licensed in the United States to transport hazardous materials
in commerce. The provision further directed the Assistant
Secretary of Homeland Security for Transportation Security to
develop a process for notifying hazardous materials employer if
a threat assessment determines that an applicant does not meet
the applicable standards; to eliminate redundant background
checks; to provide an appeal process; and to report on the
implementation of fingerprint-based security threat
assessments.
Legislative History
H.R. 3 was introduced in the House by Mr. Don Young of
Alaska and 74 original co-sponsors on February 9, 2005, and
referred solely to the Committee on Transportation and
Infrastructure.
On March 4, 2005, the Chairman of the Committee on Homeland
Security sent letters to the Speaker of the House and the
Chairman of the Committee on Transportation and Infrastructure
indicating a request for a sequential referral of H.R. 3. The
letter further indicated that section 7005, relating to
Chemical or Biological Materials, falls within the jurisdiction
of the Committee on Homeland Security.
The Committee on Transportation and Infrastructure reported
H.R. 3 to the House on March 7, 2005 (H. Rpt. 109-12).
On March 8, 2005, the Committee on Rules met and granted a
Rule providing for the consideration of H.R. 3. The Rule was
filed in the House as H. Res. 140. (H. Rpt. 109-14). On March
9, 2005, the House agreed to the Rule by voice vote. The House
began consideration of H.R. 3, but did not complete
consideration thereon. The Committee on Rules met and granted a
second Rule providing for the continued consideration of H.R.
3. The Rule was filed in the House as H. Res. 144 (H. Rpt. 109-
15), the House agreed to the second Rule by voice vote on March
10, 2005. The House then continued consideration of H.R. 3, and
passed the bill by a recorded vote of 417 yeas and 9 nays.
H.R. 3 was received in the Senate on March 20, 2005, and on
April 6, 2005, was read twice and placed on the Senate
Calendar. A motion to proceed to the consideration of H.R. 3
was made in the Senate on April 22, 2005, and a cloture motion
on the motion to proceed to the consideration was made on that
same date.
On April 25, 2005, a unanimous consent request was made in
the Senate to proceed to the consideration of H.R. 3. The
Senate considered H.R. 3 on April 25, and 26, 2005. A cloture
motion was invoked in the Senate on April 26, 2005 by a
recorded vote of 94 yeas and 6 nays. The Senate continued
consideration of H.R. 3 on April 27 and 28, and May 9 and 10,
2005. A cloture motion was presented in the Senate on May 10,
2005. The Senate continued consideration of H.R. 3 on May 11,
12, 14, 16, and 17, 2005, whereupon the Senate passed H.R. 3 by
a recorded vote of 89 yeas and 11 nays.
The Chairman of the Committee on Homeland Security sent a
letter to the Speaker of the House on May 18, 2005, requesting
the appointment of conferees on the House-Senate Conference on
H.R. 3. The letter further indicated that sections 7324, 7235,
and 7370 fall within the jurisdiction of the Committee on
Homeland Security.
The Chairman of the Committee on Homeland Security sent a
second letter to the Speaker of the House on May 25, 2005,
requesting the appointment of Members of the Committee on
Homeland Security to a House-Senate Conference on H.R. 3 that
indicated section 324 of the Senate passed version falls within
the jurisdiction of the Committee. The letter further indicated
that sections of the Senate passed version relating to the
Hazmat drivers fall within the jurisdiction of the Committee on
Homeland Security.
The Senate insisted upon its amendment to H.R. 3 on May 26,
2006, and agreed to a Conference with the House. The Senate
appointed the following conferees on the part of the Senate:
Senators Inhofe, Warner, Bond, Voinovich, Chafee, Murkowski,
Thune, DeMint, Isakson, Vitter, Grassley, Hatch, Shelby,
Allard, Stevens, Lott, Jeffords, Baucus, Lieberman, Boxer,
Carper, Clinton, Lautenberg, Obama, Conrad, Inouye,
Rockefeller, Sarbanes, Reed, and Johnson.
On May 26, 2005, the House disagreed to the Senate
amendment to H.R. 3, and requested a Conference with the Senate
thereon. The House appointed Conferees from the Committee on
Transportation and Infrastructure, the Committee on the Budget,
the Committee on Education and the Workforce, the Committee on
Energy and Commerce, the Committee on Government Reform, the
Committee on Homeland Security, the Committee on the Judiciary,
the Committee on Resources, the Committee on Rules, the
Committee on Science, and the Committee on Ways and Means.
Conferees from the Committee on Homeland Security, included Mr.
Cox, Mr. Daniel E. Lungren, and Mr. Thompson of Mississippi.
On June 9, 2005, a House-Senate Conference was held. The
Committee of Conference filed the Conference Report to
accompany H.R. 3 in the House on July 28, 2005 as H. Rpt. 109-
203.
The Committee on Rules met on July 29, 2005, and granted a
Rule providing for the consideration of the Conference Report
to accompany H.R. 3, which was filed in the House as H. Res.
399 (H. Rpt. 109-212). The House considered H. Res. 399, and
agreed to the Rule without objection, on July 29, 2005, after
agreeing to H.Con. Res. 226, correcting the enrollment of H.R.
3. The House agreed to the Conference Report to accompany H.R.
3 on July 29, 2005, by a recorded vote of 412 yeas and 8 nays .
On July 29, 2005, the Senate considered and agreed to
H.Con. Res. 226 by unanimous consent. The Senate then proceeded
to the immediate consideration of the Conference Report to
accompany H.R. 3 and agreed to the Conference Report by a
recorded vote of 91 yeas and 4 nays, clearing the measure for
the President.
H.R. 3 was presented to the President on August 10, 2005.
The President signed H.R. 3 into Law on August 10, 2005.
(Public Law 109-59).
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2006
Public Law 109-163 H.R. 1815 (S. 1042)
To authorize appropriations for fiscal year 2006 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of
Energy, to prescribe military personnel strengths for such
fiscal year, and for other purposes.
Summary
H.R. 1815 authorizes funding for the activities of the
Department of Defense for Fiscal Year 2006, including pay and
benefits of military personnel, operation and maintenance of
weapons and facilities, procurement, and research and
development.
Members of the Committee on Homeland Security were
appointed as Conferrees to three sections of the House passed
version: section 1032, which pertains to the testing of
preparedness for emergencies involving nuclear, radiological,
chemical, biological, and high-yield explosives weapons;
section 1033, addressing Department of Defense chemical,
biological, radiological, nuclear, and high-yield explosives
response team; and section 1035, involving the assignment of
members of the Armed Forces to assist Bureau of Border Security
and Bureau of Citizenship and Immigration Services of the
Department of Homeland Security. Those sections on which
Members of the Committee were appointed as Conferees were
removed during the House-Senate Conference on H.R. 1815.
Legislative History
H.R. 1815 was introduced on April 16, 2005, by Mr. Hunter
and Mr. Skelton and referred to the Committee on Armed
Services. On May 20, 2005, the Committee on Armed Services
reported H.R. 1815 to the House (H. Rpt. 109-89).
On May 20, 2005, the Chairman of the Committee on Homeland
Security sent a letter to the Chairman of the Committee on
Armed Services indicating that, in order to expedite
consideration of the measure on the House Floor, the Committee
would not seek a sequential referral of the measure. The letter
indicated that sections 347, 4032, 1033, and 1034 each contain
provisions within the jurisdiction of the Committee on Homeland
Security. The letter further requested the appointment of
conferees from the Committee on Homeland Security should a
House-Senate Conference be called. On that same date the
Chairman of the Committee on Armed Services sent a letter to
the Chairman of the Committee on Homeland Security agreeing to
the jurisdictional claims of the Committee on Homeland
Security.
The Committee on Rules met on May 25, 2006 and filed a Rule
providing for the consideration of H.R. 1815 as H. Res. 293 (H.
Rpt. 109-96). The House considered H. Res. 293 on May 25, 2005,
and agreed to the Rule by a recorded vote of 225 yeas and 200
nays.
On May 25, 2005, the House considered and passed H.R. 1815
by a recorded vote of 390 yeas and 39 nays. H.R. 1815 was
received in the Senate on June 6, 2005, read twice, and
referred to the Senate Committee on Armed Services.
On May 17, 2005, the Senate Committee on Armed Services
reported, a Senate companion measure, as S. 1042 (S. Rpt. 109-
69). The Senate considered S. 1042 on July 20, 21, 22, 25, and
26, November 4, 7, 8, 9, 10, 14, and 15, 2005. On November 15,
2005, the Senate passed S. 1042 by a recorded vote of 98 yeas
and 0 nays. The Senate then proceeded to the consideration of
H.R. 1815, struck all after the enacting clause and inserted in
lieu thereof the text of S. 1042, as passed by the Senate. The
Senate then passed H.R. 1815, as so amended, by unanimous
consent. The Senate then insisted upon its amendment, requested
a Conference with the House thereon, and appointed the
following Conferees on the part of the Senate: Senators Warner;
McCain; Inhofe; Roberts; Sessions; Collins; Ensign; Talent;
Chambliss; Graham; Dole; Cornyn; Thune; Levin; Kennedy; Byrd;
Lieberman; Reed; Akaka; Nelson of Florida; Nelson of Nebraska;
Dayton; Bayh; and Clinton.
On December 1, 2005, the Chairman of the Committee on
Homeland Security sent a letter to the Speaker of the House
requesting the appointment of conferees to the House-Senate
Conference on H.R. 1815. The letter further indicated that the
following sections fall within the jurisdiction of the
Committee on Homeland Security: Sections 356, 529, 1032, 1033,
1034, and 1035 of H.R. 1815, as passed by the House; and
Section 907, 1031, and 3113, as passed by the Senate.
The House disagreed to the Senate amendment, on December
12, 2005, and agreed to a Conference with the Senate thereon.
The Speaker appointed Conferees from the Committee on Armed
Services, the Permanent Select Committee on Intelligence, the
Committee on Education and the Workforce, the Committee on
Energy and Commerce, the Committee on Financial Services, the
Committee on Government Reform, the Committee on Homeland
Security, the Committee on International Relations, the
Committee on the Judiciary, the Committee on Resources, the
Committee on Science, the Committee on Small Business, the
Committee on Transportation and Infrastructure, the Committee
on Veterans' Affairs, and the Committee on Ways and Means.
Members from the Committee on Homeland Security were appointed
as Conferees for consideration of sections 1032, 1033, and 1035
of the House bill, and section 907 of the Senate amendment, and
modifications committed to conference, including Mr. Linder,
Mr. Daniel E. Lungren, and Mr. Thompson of Mississippi.
On December 16, 2005, a Conference was held. Conferees
filed a Conference Report to accompany H.R. 1815 in the House
on December 18, 2005, as H. Rpt. 109-360. On that same date,
the House began consideration of the Conference Report to
accompany H.R. 1815. The House agreed to the Conference Report
on December 19 (Legislative Day of December 18), 2005 by a
recorded vote of 374 yeas and 41 nays. The Senate considered
the Conference Report to accompany H.R. 1815 on December 19
(Legislative Day of December 18), 2005, and on December 21,
2005, agreed to the Conference Report by voice vote.
H.R. 1815 was presented to the President on January 3,
2006. The President signed H.R. 1815 into law on January 6,
2006. (Public Law 109-163).
USA PATRIOT AND TERRORISM PREVENTION REAUTHORIZATION ACT OF 2005
Public Law 109-177 H.R. 3199
To extend and modify authorities needed to combat
terrorism, and for other purposes.
Summary
H.R. 3199 extends and further modifies the Uniting and
Strengthening America by Providing Appropriate Tools Required
to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of
2001 (P.L. 107-56).
Section 127 of H.R. 3199 would have repealed Section 1014
of the USA PATRIOT Act. That provision of the USA PATRIOT Act
authorized any necessary appropriations for Fiscal Years 2002
through 2007 for a grant program administered by the Department
of Justice that would make funds available to State and local
units of Government in order to train and equip first
responders in their capacity to respond to terrorist attacks.
Section 128 proposed authorizing Faster and Smarter Funding
for First Responders Act, which would codify in the Homeland
Security Act of 2002 (P.L. 107-296) a grant funding program for
first responders pursuant to the State Homeland Security Grant
Program, the Urban Area Security Initiative, and the Law
Enforcement Terrorism Prevention Program.
Section 129 would direct the Secretary of Homeland Security
to establish within the Office for Domestic Preparedness an
Office of the Comptroller to oversee that office's grants
distribution process and the financial management.
During the House-Senate Conference, Sections 127 to 129
were struck and not included in the final measure submitted to
the President.
Legislative History
H.R. 3199 was introduced in the House on July 11, 2005, by
Mr. Sensenbrenner, and referred to the Committee on the
Judiciary, and the Permanent Select Committee on Intelligence.
On July 13, 2005, the Committee on the Judiciary ordered H.R.
3199 reported to the House. On July 18, 2005, the Committee on
the Judiciary and the Permanent Select Committee on
Intelligence reported H.R. 3199 to the House (H. Rpt. 109-174,
Pt. I and II).
On July 20, 2005, the Committee on Rules met and filed a
Rule providing for the consideration of H.R. 3199, H. Res. 369
(H. Rpt. 109-178). The House considered and agreed to H. Res.
369 on the following day by a recorded vote of 224 yeas, 196
nays, and 3 voting ``present.''
During consideration of H.R. 3199 on July 21, 2005, the
text of H.R. 1544 was offered as an amendment to section 128 on
the House Floor. The House passed H.R. 3199 by a recorded vote
of 257 yeas and 171 nays on July 21, 2005.
H.R. 3199 was received in the Senate on July 25, 2005. On
July 29, 2005, the Senate considered H.R. 3199 by unanimous
consent. During consideration, the Senate struck all after the
enacting clause and inserted in lieu there of the text of the
committee reported substitute to S. 1389, and passed H.R. 3199
as so amended, by unanimous consent. The Senate insisted upon
its amendment, requested a Conference with the House thereon,
and appointed conferees: Senators Specter; Hatch; Kyl; DeWine;
Sessions; Roberts; Leahy; Kennedy; Rockefeller; Levin.
On October 12, 2005, the Chairman of the Committee on
Homeland Security sent a letter to the Speaker of the House
requesting Members of the Committee be appointed as Conferees
to the House-Senate Conference, for sections 128-131,
consisting of the text of H.R. 1544 as passed by the House.
On November 9, 2005, the House disagreed to the Senate
amendment to H.R. 3199, and agreed to a Conference with the
Senate thereon. The Chair appointed conferees from Committee on
the Judiciary, the Permanent Select Committee on Intelligence,
the Committee on Energy and Commerce, the Committee on
Financial Services, and the Committee on Homeland Security. The
following Members of the Committee on Homeland Security were
appointed a Conferees on sections 127-129 of the House bill,
and modifications committed to conference: Mr. King of New
York, Mr. Weldon of Pennsylvania, and Ms. Zoe Lofgren. During
the House-Senate Conference on H.R. 3199, section 128 was
removed, see legislative history on H.R. 1544 listed below.
Conferees filed a Conference Report to accompany H.R. 3199 on
December 8, 2005, as H. Rpt. 109-333.
The Committee on Rules met on December 13, 2005, and filed
a Rule providing for the consideration of the Conference Report
to accompany H.R. 3199 as H. Res. 569 (H. Rpt. 109-343).
The House considered H. Res. 596 on December 14, 2005, and
agreed to the Rule by voice vote.
On that same day, the House considered and agreed the
Conference Report to accompany H.R. 3199 by a recorded vote of
251 yeas and 174 nays. The Senate considered the Conference
Report to accompany H.R. 3199 on December 14, 15, and 16, 2005.
A cloture motion was agreed to in the Senate on March 1, 2006
by a recorded vote of 84 yeas and 15 nays. The Senate continued
consideration of the Conference Report to accompany H.R. 3199
on March 2, 2006, and agreed to the measure by a recorded vote
of 89 yeas and 10 nays, clearing the measure for the President.
H.R. 3199 was presented to the President on March 8, 2006.
The President signed H.R. 3199 into law on March 9, 2006
(Public Law 109-177).
COAST GUARD AND MARITIME TRANSPORTATION ACT OF 2006
Public Law 109-241 H.R. 889 (S.1280)
To authorize appropriations for the Coast Guard for fiscal
year 2006, to make technical corrections to various laws
administered by the Coast Guard, and for other purposes.
Summary
H.R. 889, the Coast Guard and Maritime Transportation Act
of 2006, makes technical corrections to various laws
administered by the United States Coast Guard, and authorizes
appropriations for Fiscal Year 2006 for the Coast Guard
relating to: operation and maintenance; acquisition,
construction, rebuilding, and improvement of aids to
navigation, shore and offshore facilities, vessels, and
aircraft; research, development, test, and evaluation; retired
pay and payments for medical care of retired personnel;
alteration or removal of bridges over navigable waters
constituting obstructions to navigation; environmental
compliance and restoration at Coast Guard facilities; and the
Coast Guard Reserve program. The Committee on Homeland Security
received a sequential referral of the bill for consideration of
funding levels for Coast Guard programs related to port
security and research and development.
Legislative History
H.R. 889 was introduced in the House on February 17, 2005,
by Mr. Young of Alaska, Mr. Oberstar, Mr. LoBiondo, Mr. Filner.
H.R. 889 was referred to the Committee on Transportation and
Infrastructure.
On July 28, 2005, the Committee on Transportation and
Infrastructure reported H.R. 889 to the House, (H. Rpt. 109-
204, Pt. 1). On that date, H.R. 889 was referred sequentially
to the Committee on Homeland Security for a period ending not
later than July 29, 2005. The Committee on Homeland Security
was discharged from further consideration of H.R. 889 on July
29, 2005.
On September 14, 2005, the Committee on Rules met and
granted a Rule providing for the consideration of H.R. 889, the
Rule was filed in the House as H. Res. 440 (H. Rpt. 109-222).
On September 15, 2005, the House considered the H. Res. 440 and
agreed to the Rule by voice vote. The House considered H.R. 889
under the provisions of H. Res. 440 on September 15, 2005, and
passed the bill by a recorded vote of 415 yeas and none voting
nay.
H.R. 889 was received in the Senate on September 19, 2005,
and referred to the Senate Committee on Commerce, Science, and
Transportation.
The Chairman of the Committee on Homeland Security sent a
letter to the Speaker of the House on October 12, 2005,
requesting appointment of Members of the Committee on Homeland
Security should a House-Senate Conference on H.R. 889 be
requested.
On July 28, 2005, the Senate Committee on Commerce,
Science, and Transportation reported S. 1280, the Senate
companion bill, to the Senate (S. Rpt. 109-114). The Senate
agreed to S. 1280 by unanimous consent on October 27, 2005. On
that same date, the Senate Committee on Commerce, Science, and
Transportation was discharged from further consideration of
H.R. 889, and the bill was then passed, after striking all
after the enacting clause and inserting in lieu thereof, the
text of S. 1280, Senate companion measure, amended.
Subsequently, S. 1280 was returned to the Senate Calendar. The
Senate then insisted upon its amendment, requested a Conference
with the House thereon, and appointed the following Conferees
on the part of the Senate: Senators Stevens, Snowe, Lott,
Smith, Inouye, Cantwell, and Lautenberg.
On November 3, 2005, the House disagreed to the Senate
amendment and agreed to a conference with the Senate thereon.
The House also agreed to a motion to instruct conferees by
voice vote. The Speaker appointed Members from the Committee on
Transportation and Infrastructure, the Committee on Energy and
Commerce, the Committee on Homeland Security, and the Committee
on Resources, as conferees on the part of the House. The
Speaker appointed the following Members as Conferees from the
Committee on Homeland Security for consideration of sections
101, 404, 413, and 424 of the House bill, and sections 202,
207, 215, and 302 of the Senate amendment, and modifications
committed to conference: Mr. Daniel E. Lungren, Mr. Reichert,
and Mr. Thompson of Mississippi.
A House-Senate Conference was held on November 16, 2005. On
April 6, 2006, the Committee of Conference filed a Conference
Report to accompany H.R. 889 in the House as H. Rpt. 109-413.
On June 22, 2006, S. Con. Res. 103, a resolution correcting
the enrollment of the Conference Report to accompany H.R. 889,
was considered in the Senate, and agreed to by unanimous
consent. Subsequently, a unanimous consent request was reached
in the Senate that, when the Senate receives from the House a
message that the House agrees to S. Con. Res. 103, and the
Conference Report to accompany H.R. 889 is received from the
House, the Conference Report would be considered agreed to and
the motion to reconsider be laid upon the table. S. Con. Res.
103 was received in the House and held at the Desk.
On June 26, 2006, the House agreed to suspend the Rules and
pass S. Con. Res. 103 by voice vote. The House then agreed
suspend the Rules and agreed to the Conference Report to
accompany H.R. 889, by a 2/3 vote of 413 yeas with none voting
``nay.'' Pursuant to the order of June 22, 2006, the Senate on
June 27, 2006, agreed to the Conference Report to accompany
H.R. 889, clearing the measure for the President.
H.R. 889 was presented to the President on June 30, 2006.
The President signed H.R. 889 into Law on June 11, 2005.
(Public Law 109-241).
DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2007
Public Law 109-295 H.R. 5441(H.R. 4284, H.R. 6061, H.R. 6162, H.R.
5438, H.R. 5695, H.R. 5852, H.R. 5943)
Making appropriations for the Department of Homeland
Security for the fiscal year ending September 30, 2007, and for
other purposes.
Summary
H.R. 5441 provides funding for the activities of the
Department of Homeland Security for Fiscal Year 2007, including
Departmental management and operations, emergency response,
Departmental enforcement activities, and research and
development. While the Committee on Homeland Security did not
receive a referral of this legislation, the Committee provided
guidance to the Appropriations Subcommittee on Homeland
Security and authored or participated in the development of
many of the various legislative provisions of the bill.
As reported in the Senate, H.R. 5441 included provisions of
H.R. 4284 and H.R. 6062, which require the Inspector General of
the Department of Homeland Security to review contracts related
to the Secure Border Initiative. This language is included in
the Conference Report accompanying H.R. 5441. In addition, H.R.
5441, as reported in the Senate, also contained provisions of
H.R. 5438, which transfers the National Disaster Medical System
from the Department of Homeland Security to the Department of
Health and Human Services effective January 1, 2007. This
language was retained in the Conference Report accompanying
H.R. 5441. As passed by the Senate, H.R. 5441 contained
provisions similar to those in H.R. 5351, which reforms the
Federal Emergency Management Agency (FEMA). A compromise was
reached during the Conference Committee to include FEMA reform
in Title VI. As reported in the House, H.R. 5441 contained
provisions providing authority to the Secretary of Homeland
Security to regulate the security of chemical facilities in the
United States, but this provision was struck as a result of a
point of order. The Senate bill included this provision. A
compromise was reached by the Conference Committee that is
similar to H.R. 5695, a chemical facilities security bill
authored by the Committee. H.R. 5441, as agreed to by the
Conference Committee, contains provisions in Title VI similar
to H.R. 5852, which enhances emergency communications
capabilities. In addition, H.R. 5441, as agreed to by the
Conference Committee, contains provisions in Title VI similar
to H.R. 5943, which addresses waste, fraud, and abuse in
Federal disaster assistance programs.
Legislative History
The Committee on Appropriations reported an original
measure, H.R. 5441, to the House on May 22, 2006, H. Rpt. 109-
476.
On May 23, 2006, the Chairman of the Committee on Homeland
Security sent a letter to the Chairman of the Committee on
Rules indicating that section 536 as reported by the Committee
on Appropriations falls within the jurisdiction of the
Committee on Homeland Security and requested that since it is a
legislative provision, it not be protected from a point of
order on the House Floor.
The Committee on Rules met on May 23 and 24, 2006, to
consider a Rule providing for the consideration of H.R. 5441,
and on May 24, 2006, the Rule was filed in the House as H. Res.
836 (H. Rpt. 109-481). The House considered and agreed to the
Rule on May 25, 2006, by voice vote.
On May 25, 26, and June 6, 2006, the House considered H.R.
5441 under the provisions of H. Res. 836. On June 6, 2006, the
House passed H.R. 5441 by a recorded vote of 389 yeas and 9
nays. (Roll Call Vote No. 226.)
H.R. 5441 was received in the Senate and referred to the
Senate Committee on Appropriations on June 7, 2006. On June 29,
2006, the Senate Committee on Appropriations ordered H.R. 5441
favorably reported to the Senate, amended, and reported the
measure. (S. Rpt. 109-273.)
The Senate considered H.R. 5441 on July 10, 12, and 13,
2006, and on July 13, 2006, passed it by a vote of 100 yeas and
0 nays. The Senate insisted upon its amendment and appointed
Conferees: Senators Gregg, Cochran, Stevens, Specter, Domenici,
Shelby, Craig, Bennett, Allard, Byrd, Inouye, Leahy, Mikulski,
Kohl, Murray, Reid, and Feinstein. On July 17, 2006, the Senate
agreed, by unanimous consent, to further modify amendments
already agreed to in the Senate.
On September 21, 2006, the House disagreed to the Senate
amendment to H.R. 5441, and agreed to a Conference with the
Senate thereon. The House appointed Conferees: Mr. Rogers of
Kentucky, Mr. Wamp, Mr. Latham, Mrs. Emerson, Mr. Sweeney, Mr.
Kolbe, Mr. Istook, Mr. Crenshaw, Mr. Carter, Mr. Lewis of
California, Me. Sabo, Mr. Price of North Carolina, Mr. Serrano,
Ms. Roybal-Allard, Mr. Bishop of Georgia, Mr. Berry, Mr.
Edwards, and Mr. Obey.
Conferees agreed to file a Conference Report to accompany
H.R. 5441 on September 25, 2006, and filed the report on
September 28, 2006, as H. Rpt. 109-699.
On September 28, 2006, the Committee on Rules met and
granted a Rule providing for the consideration of the
Conference Report to accompany H.R. 5441, the Rule was filed in
the House as H. Res. 1054 (H. Rpt. 109-701). The House
considered H. Res. 1054, and agreed to the Rule by a recorded
vote of 218 yeas and 188 nays. The House considered the
Conference Report to accompany H.R. 5441 under the provisions
of H. Res. 1054, and agreed to the Conference Report by a
recorded vote of 412 yeas and 6 nays.
The Senate agreed to the Conference Report to accompany
H.R. 5441 by voice vote on September 29, 2006, clearing the
measure for the President.
The President signed H.R. 5441 into Law on October 4, 2006,
as Public Law 109-295.
SECURE FENCE ACT OF 2006
Public Law 109-367 H.R. 6061
To establish operational control over the international
land and maritime borders of the United States.
Summary
H.R. 6061, the ``Secure Fence Act of 2006,'' requires the
Secretary of Homeland Security to take all actions the
Secretary determines necessary to achieve and maintain
operational control over the entire international land and
maritime borders of the United States within 18 months of
enactment.
This includes systematic surveillance of the international
land and maritime borders and physical infrastructure
enhancements to prevent unlawful entry by aliens. The bill also
amends the Section 102(b) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (Public Law 104-208; 8
U.S.C. 1103 note) to require the construction of at least two
layers of reinforced fencing, and the installation of
additional physical barriers, roads, lighting, cameras, and
sensors along specified sections of the southern border with
the United Mexican States.
Legislative History
H.R. 6061 was introduced in the House by Mr. King of New
York and 21 original cosponsors on September 13, 2006. The
measure was referred solely to the Committee on Homeland
Security and retained at the Full Committee.
The Committee on Rules met, granted a Rule providing for
the consideration of H.R. 6061 on September 13, 2006, and filed
the Rule as H. Res. 1002 (H. Rpt. 109-653). The House
considered the Rule on September 14, 2006, and agreed to the
resolution by voice vote.
The House considered H.R. 6061 on September 14, 2006, and
passed the measure by a recorded vote of 283 ayes and 138 noes
with 1 voting ``present.'' H.R. 6061 was received in the Senate
on the same day.
The Senate considered H.R. 6061 on September 18, 19, 20,
21, 25, 26, 27, 28, and 29, 2006. On September 29, 2006, the
Senate passed H.R. 6061 by 80 yeas and 19 nays, without
amendment, clearing the measure for the President.
H.R. 6061 was presented to the President on October 23,
2006. The President signed H.R. 6061 into Law on October 26,
2006. (Public Law 109-367).
SAFE PORT ACT OF 2006
Public Law 109-347 H.R. 4954 (H.R. 4880, H.R. 58)
To improve maritime and cargo security through enhanced
layered defenses, and for other purposes.
Summary
H.R. 4954, the ``Security and Accountability For Every Port
Act of 2006'' provides an international, layered, and risk-
based approach to improving maritime security. The law provides
additional resources, grants, and training programs for port
personnel. The H.R. 4954 also requires radiation scanning of
all containers at the top 22 U.S. seaports covering 98 percent
of containers entering the U.S. and requires the Department of
Homeland Security (DHS) to develop clear response and recovery
plans in the event of a terrorist attack in a seaport.
Additionally, firm deadlines are set for the implementation of
the Transportation Worker Identification Credential (TWIC) and
a pilot program is required to ensure that card readers
installed at port facilities and vessels are reliable and
effective.
The measure also seeks to improve maritime security through
strengthening the supply chain. Additional advanced data on
cargo entering the U.S. is required prior to loading at foreign
seaports to allow for more accurate security targeting. Three
pilot projects are required to evaluate the feasibility of
conducting 100 percent scanning of containers at foreign
seaports for nuclear and radiological material. Another
provision authorizes the Customs-Trade Partnership Against
Terrorism (C-TPAT) and requires on-site validations of all
participants, and a pilot program to test the use of third
party validators. To ensure that Departmental programs and
policies on cargo and maritime security are coordinated and
accountable, the legislation establishes an Office of Cargo
Security Policy and designates a Director of International
Trade to serve as a senior advisor to the Secretary to ensure
that policies balance the need to facilitate legitimate
commerce.
Public Law 109-347 also establishes the Domestic Nuclear
Detection Office (DNDO) within the Department, authorizing it
to develop and maintain a global nuclear detection
architecture, of which the domestic portion will be implemented
by the DNDO. In addition, it modernizes the Nation's Emergency
Alert System (EAS) by permitting commercial mobile service
providers to transmit geographically-targeted emergency alerts
and warnings to the American public through cell phones,
pagers, and other mobile technologies.
Legislative History
H.R. 4954 was introduced by Mr. Daniel E. Lungren of
California, Ms. Harman, and 44 original cosponsors on March 14,
2006. The measure was referred solely to the Committee on
Homeland Security, and within the Committee it was referred to
the Subcommittee on Economic Security, Infrastructure
Protection, and Cybersecurity.
On March 16, 2006, the Subcommittee on Economic Security,
Infrastructure Protection, and Cybersecurity held a hearing on
H.R. 4954. The Subcommittee received testimony from Mr. Jayson
Ahern, Assistant Commissioner, Office of Field Operations,
Customs and Border Protection, Department of Homeland Security;
Captain Brian Salerno, Deputy Director, Inspections and
Compliance, United States Coast Guard, Department of Homeland
Security; Mr. Eugene Pentimonti, Senior Vice President,
Government Relations, Maersk, Inc; and Mr. Noel Cunningham,
Principal, Maresec Group, LLC.
On March 30, 2006, the Subcommittee on Economic Security,
Infrastructure Protection, and Cybersecurity met to consider
H.R. 4954, and ordered the measure forwarded with a favorable
recommendation to the Full Committee for consideration, as
amended, by voice vote.
On April 4, 2006, the Committee on Homeland Security held a
hearing on H.R. 4954. The Committee received testimony from
Hon. Michael P. Jackson, Deputy Secretary, Department of
Homeland Security; Ms. Bethann Rooney, Manager of Port
Security, Port Authority of New York and New Jersey; Mr.
Christopher L. Koch, President and Chief Executive Officer,
World Shipping Council; Mr. Jonathan E. Gold, Vice President,
Global Supply Chain Policy, Retail Industry Leaders
Association; and Mr. Clark Kent Ervin, private citizen, Former
Inspector General of the Department of Homeland Security.
On April 26, 2006, the Committee on Homeland Security met,
pursuant to notice, in open markup session, with a quorum being
present, and favorably ordered H.R. 4954 to be reported to the
House, amended, by voice vote.
The Chairman of the Committee on Energy and Commerce sent a
letter, on April 28, 2006, to the Chairman of the Committee on
Homeland Security indicating that in order to expedite
consideration on the House Floor, the Committee on Energy and
Commerce would waive its right to seek a sequential referral on
H.R. 4954. The letter further indicated that such waiver would
not prejudice the jurisdictional interests of the Committee on
Energy and Commerce. That same day, the Chairman of the
Committee on Homeland Security sent a letter to the Chairman of
the Committee on Energy and Commerce agreeing to the
jurisdictional interests of the Committee on Energy and
Commerce, and agreeing to an appropriate appointment of
Conferees.
The Chairman of the Committee on Science sent a letter on
April 28, 2006, to the Chairman of the Committee on Homeland
Security indicating jurisdictional interests in sections 112;
201; 1803; 1804; 1831; 1832; 1833; 202; 206; Title III; and
Title IV. The letter further indicated that in order to
expedite consideration on the House Floor, the Committee on
Science would waive its right to seek a sequential referral on
H.R. 4954. On that same day the Chairman of the Committee on
Homeland Security sent a letter to the Chairman of the
Committee on Science agreeing to the jurisdictional interests
of the Committee on Science and agreeing to an appropriate
appointment of Conferees.
The Committee on Homeland Security reported H.R. 4954 to
the House on April 28, 2006, as H.Rpt. 109-447, Pt. I. H.R.
4954 was, subsequently, sequentially referred to the Committee
on Transportation and Infrastructure for a period ending not
later than May 1, 2006. On May 1, 2006, the Committee on
Transportation and Infrastructure was discharged from further
consideration of H.R. 4954.
The Committee on Rules met on May 2, 2006, and filed a Rule
providing for the consideration of H.R. 4954 as H. Res. 789 (H.
Rpt. 109-450).
On May 3, 2006, the Chairman of the Committee on Government
Reform sent a letter to the Chairman of the Committee on
Homeland Security indicating that in order to expedite
consideration on the House Floor, the Committee on the
Government Reform would waive its right to seek a sequential
referral of H.R. 4954. On that same day, the Chairman of the
Committee on Homeland Security sent a letter to the Chairman of
the Committee on Government Reform agreeing to the
jurisdictional interests of the Committee on Government Reform,
and agreeing to an appropriate appointment of Conferees.
On May 3, 2006, the Chairman of the Committee on Ways and
Means sent a letter to the Chairman of the Committee on
Homeland Security indicating that in order to expedite
consideration on the House Floor, the Committee on Ways and
Means would waive its right to seek a sequential referral of
H.R. 4954. In addition, the letter indicated an agreement on
language included within the Managers' amendment. On that same
day, the Chairman of the Committee on Homeland Security sent a
letter to the Chairman of the Committee on Ways and Means
agreeing to the jurisdictional interests of the Committee on
Ways and Means and agreeing to an appropriate appointment of
Conferees.
On May 3, 2006, the Chairman of the Committee on the
Judiciary sent a letter to the Chairman of the Committee on
Homeland Security indicating that in order to expedite
consideration on the House Floor, the Committee on the
Judiciary would waive its right to seek a sequential referral
on H.R. 4954. On that same date, the Chairman of the Committee
on Homeland Security sent a letter to the Chairman of the
Committee on the Judiciary agreeing to the jurisdictional
interests of the Committee on the Judiciary and agreeing to an
appropriate appointment of Conferees.
The House considered and agreed to H. Res. 789, the Rule
providing for consideration of H.R. 4954 by a recorded vote of
230 yeas and 196 nays on May 3, 2006. The House then proceeded
to the consideration of H.R. 4954 and passed the bill by a
recorded vote of 421 yeas to 2 nays.
H.R. 4954 was received in the Senate on May 8, 2006, and
read for the first and second times on May 15 and 16, 2006,
respectively. The Senate considered H.R. 4954 on September 7,
8, 11, 12, 13, and 14, 2006, and passed the measure on
September 14, 2006, by a vote of 98 yeas.
On September 18, 2006, the Senate, by unanimous consent,
modified Senate Amendment No. 4997, to standardize the risk-
based funding of port security grants, which was previously
agreed to on September 14, 2006. The Senate, on September 19,
2006, insisted upon its amendment to H.R. 4954, requested a
Conference with the House thereon, and appointed Conferees:
from the Committee on Homeland Security and Governmental
Affairs; the Committee on Commerce, Science, and
Transportation; the Committee on Finance; the Committee on
Banking, Housing, and Urban Affairs, and an additional
Conferee.
The House disagreed to the Senate amendment to H.R. 4954 on
September 28, 2006, and agreed to a Conference with the Senate
thereon. The Speaker appointed Conferees from the Committee on
Homeland Security; the Committee on Energy and Commerce; the
Committee on Science; the Committee on Transportation and
Infrastructure; and the Committee on Ways and Means. Conferees
from the Committee on Homeland Security for consideration of
the House bill and the Senate amendment, and modifications
committed to Conference were: Mr. King of New York, Mr. Young
of Alaska, Mr. Daniel E. Lungren of California, Mr. Linder, Mr.
Simmons, Mr. McCaul of Texas, Mr. Reichert, Mr. Thompson of
Mississippi, Ms. Loretta Sanchez of California, Mr. Markey, Ms.
Harman, and Mr. Pascrell.
The Committee of Conference met on September 28, 2006. On
September 29, 2006 the Committee of Conference filed a
Conference Report to accompany H.R. 4954 in the House as H.
Rpt. 109-711.
A modified version of H.R. 58, requiring establishment of a
Border Patrol unit for the Virgin Islands of the United States,
was included in section 126 of the Conference Report to
accompany H.R. 4954. Additionally, provisions of H.R. 4880 were
included in section 102 of the Conference Report accompanying
H.R. 4954.
The Committee on Rules met on September 29, 2006, and filed
a Rule providing for the consideration of the Conference Report
to accompany H.R. 4954 as H. Res. 1064. The House considered
and agreed to the Rule on September 29, 2006 by voice vote. The
House proceeded to the consideration of the Conference Report
to accompany H.R. 4954 on September 29, 2006. On September 30
(Legislative Day of September 29), 2006, the House agreed to
the Conference Report by a recorded vote of 409 yeas and 2
nays.
The Senate agreed to the Conference Report to accompany
H.R. 4954 on September 30, 2006, by unanimous consent, clearing
the measure for the President.
The President signed H.R. 4954 into Law on October 13,
2006, as Public Law 109-347.
JOHN WARNER NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2007
Public Law 109-364 H.R. 5122 (S. 2766)
To authorize appropriations for fiscal year 2007 for
military activities of the Department of Defense, to prescribe
military personnel strengths for fiscal year 2007, and for
other purposes.
Summary
H.R. 5122 authorizes funding for the activities of the
Department of Defense (DOD) for Fiscal Year 2007, including pay
and benefits of military personnel, operation and maintenance
of weapons and facilities, procurement, and research and
development. Members of the Committee on Homeland Security were
appointed as Conferees to Section 1026, Assignment of Members
of the Armed Forces to assist Bureau of Customs and Border
Protection and United States Immigration and Customs
Enforcement, of the House passed version of H.R. 5122. In
addition, Members of the Committee on Homeland Security were
appointed as Conferrees to Section 1044, Temporary National
Guard support for securing the southern land borders of the
United States, of the Senate passed version of H.R. 5122.
Sections 1026 and 1044 were removed during the House-Senate
Conference on H.R. 5122.
Legislative History
The Committee on Armed Services reported an original
measure to the House as H.R. 5122 (H. Rpt. 109-452). The
Committee on Rules met on May 9, 2006, and filed a Rule
providing for the consideration of H.R. 5122 as H. Res. 806 (H.
Rpt. 109-459). The House considered and agreed to the Rule by a
recorded vote of 351 yeas and 70 nays on May 10, 2006.
On May 10, 2006, the House considered H.R. 5122 but did not
complete consideration of the measure. The Committee on Rules
met on May 10, 2006, and filed a Rule providing for the
continued consideration of H.R. 5122 as H. Res. 811 (H. Rpt.
109-461). The House considered and agreed to the Rule by a
recorded vote of 226 yeas and 195 nays on May 11, 2006. The
House continued consideration of H.R. 5122 on May 11, 2006, and
passed the bill by a recorded vote of 396 yeas and 31 nays.
H.R. 5122 was received in the Senate on May 15, 2006 and
held at the Desk.
In the Senate, the Senate Committee on Armed Services
reported a Senate companion measure, S. 2766, to the Senate on
May 4, 2006, H. Rpt. 109-254. The Senate considered S. 2766 on
June 13, 14, 15, 16, 19, 20, 21, and 22, 2006. A cloture motion
was agreed to in the Senate on June 22, 2006, by a recorded
vote of 98 yeas and 1 nay. The Senate then passed S. 2766 by a
recorded vote of 96 yeas and 0 nays. The Senate, on June 22,
2006, by unanimous consent, proceeded to the consideration of
H.R. 5122 and struck all after the enacting clause and inserted
in lieu thereof the text of S. 2766, as previously passed. The
Senate then passed H.R. 5122, as so amended, by unanimous
consent. The Senate insisted upon its amendment, requested a
Conference with the House thereon and appointed as Conferees:
Senators Warner; McCain; Inhofe; Roberts; Sessions; Collins;
Ensign; Talent; Chambliss; Graham; Dole; Cornyn; Thune; Levin;
Kennedy; Byrd; Lieberman; Reed; Akaka; Nelson of Florida;
Nelson of Nebraska; Dayton; Bayh; and Clinton.
On July 11, 2006, the Chairman of the Committee on Homeland
Security sent a letter to the Speaker of the House requesting
the appointment of Conferees to the House-Senate Conference on
H.R. 5122. The letter indicated that sections of H.R. 5122, as
passed by the House, fall within the jurisdictional
prerogatives of the Committee on Homeland Security,
specifically section 823, relating to supply schedules to
facilitate recovery from disasters; section 1026, relating to
assignment of armed forces to assist in border enforcement;
section 1403, authorizing the establishment of the ``Homeland
Defense-Homeland Security Technology Transfer Consortium.'' In
addition, sections of H.R. 5122, as passed by the Senate, also
fall within the jurisdictional prerogatives of the Committee on
Homeland Security, specifically section 1044, authorizing the
use of National Guard troops to assist in border enforcement
and section 1066, requiring the Secretaries of Homeland
Security and Defense to submit a report to Congress on
encouraging former members of the Armed Forces to serve in the
Bureau of Customs and Border Protection.
On September 7, 2006, the House disagreed to the Senate
amendment to H.R. 5122, and agreed to a Conference with the
Senate thereon. The Chair appointed Conferees from the
Committee on Armed Services, the Permanent Select Committee on
Intelligence, the Committee on Education and the Workforce, the
Committee on Energy and Commerce, the Committee on Government
Reform, the Committee on Homeland Security, the Committee on
International Relations, the Committee on the Judiciary, the
Committee on Resources, the Committee on Science, the Committee
on Small Business, the Committee on Transportation and
Infrastructure, and the Committee on Veterans' Affairs. From
the Committee on Homeland Security, Mr. King of New York, Mr.
Reichert, and Mr. Thompson of Mississippi were appointed as
Conferees for consideration of section 1026 of the House bill,
and section 1044 of the Senate amendment, and modifications
committed to Conference.
On September 12, 2006, the Committee of Conference met. The
Committee of Conference on September 29, 2006, filed a
Conference Report to accompany H.R. 5122 in the House as H.
Rpt. 109-702.
The Committee on Rules met on September 29, 2006, and filed
a Rule providing for the consideration of the Conference Report
to accompany H.R. 5122 as H. Res. 1062 (H. Rpt. 109-703). The
House considered and agreed to the Rule on September 29, 2006,
by voice vote.
The House considered the Conference Report to accompany
H.R. 5122 on September 29, 2006, and agreed to Report by a
recorded vote of 398 yeas and 23 nays. The Senate, on September
30, (Legislative Day of September 29), agreed to Conference
Report to accompany H.R. 5122 by unanimous consent, clearing
the measure for the President.
H.R. 5122 was presented to the President on October 5,
2006. The President signed H.R. 5122 into Law on October 17,
2006, as Public Law 109-364.
FASTER AND SMARTER FUNDING FOR FIRST RESPONDERS ACT OF 2005
H.R. 1544
To provide faster and smarter funding for first responders,
and for other purposes.
Summary
H.R. 1544, the ``Faster and Smarter Funding for First
Responders Act of 2005,'' reforms the manner in which the
Department of Homeland Security issues Federal grants to
enhance the ability of States, local governments, regions,
Indian tribes, and first responders to prevent, prepare for,
respond to, mitigate against, and recover from threatened or
actual acts of terrorism. H.R. 1544 does not create a new grant
program. Rather, it establishes a common set of rules for three
of the Department's existing terrorism preparedness grant
programs--the State Homeland Security Grant Program, the Urban
Area Security Initiative, and the Law Enforcement Terrorism
Prevention Program.
At its most fundamental level, H.R. 1544 is designed to
expedite the delivery of Federal terrorism preparedness
assistance to first responders where it is needed most and, at
the same time, end undisciplined homeland security spending. It
does so by: (1) requiring States, territories, regions,
localities, Indian tribes, and first responders to decide how
to spend their terrorism preparedness grant funding before they
submit their applications; (2) allocating grant awards to
States, territories, regions, and directly eligible tribes
based on an assessment of risk and need; (3) ensuring that
grant recipients use their awards to achieve, maintain, and
enhance clear and measurable essential capabilities, and
providing a substantial role for State and local governments
and first responders in determining such capabilities; (4)
requiring and providing incentives to States to pass through
their awarded funds to localities within tight time-frames and
penalizing States that fail to do so; (5) requiring States to
prioritize their allocation of Federal anti-terrorism grants to
address their greatest threats, vulnerabilities, and
consequences; and (6) holding grant recipients accountable for
how they spend their Federal terrorism preparedness funds.
Legislative History
H.R. 1544 was introduced on April 12, 2005, by Mr. Cox, Mr.
Thompson of Mississippi, and all 34 Members of the Committee on
Homeland Security. The bill was referred solely to the
Committee on Homeland Security.
Prior to introduction, on April 12, 2005, the Subcommittee
on Emergency Preparedness, Science, and Technology held an
oversight hearing entitled ``The Need for Grant Reform and the
Faster and Smarter Funding for First Responders Act of 2005.''
The Subcommittee received testimony from Mr. J. Richard Berman,
Assistant Inspector General for Audits, Office of Inspector
General, Department of Homeland Security; William O. Jenkins,
Jr., Ph.D., Director, Homeland Security and Justice Issues,
Government Accountability Office; Veronique de Rugy, Ph.D.,
Fellow, American Enterprise Institute; Hon. Bryan E. Beatty,
Secretary, North Carolina Department of Crime Control and
Public Safety; Mr. Michael Chapman, Director, Missouri Office
of Homeland Security; and Mr. David L. Miller, Administrator,
Iowa Homeland Security and Emergency Management Division.
On April 14, 2005, the Committee on Homeland Security held
an oversight hearing entitled ``Grant Reform: The Faster and
Smarter Funding for First Responders Act of 2005.'' The
Committee received testimony from Hon. Lee H. Hamilton, Vice
Chair, National Commission on Terrorist Attacks Upon the United
States; Ms. Mary Fetchet, Founding Director, Voices of
September 11; Inspector Louis P. Cannon, testifying on behalf
of the National Fraternal Order of Police; Chief Gregg Lord,
Director, National Association of Emergency Medial Technicians,
Division Chief--EMS, Cherokee County Fire-Emergency Services;
and Mr. Kevin B. O'Connor, Associate to the General President,
International Association of Fire Fighters.
On April 19, 2005, the Subcommittee on Emergency
Preparedness, Science, and Technology considered H.R. 1544, and
ordered the measure favorably reported to the Full Committee
for consideration, amended, by voice vote.
The Chairman of the Committee on the Judiciary sent a
letter to the Speaker of the House on April 19, 2005,
requesting a sequential referral of H.R. 1544 to the Committee
on the Judiciary.
On April 21, 2005, the Full Committee considered H.R. 1544
and ordered the bill be reported to the House, favorably,
amended, by voice vote.
The Chairman of the Committee on Transportation and
Infrastructure sent a letter to the Chairman of the Committee
on Homeland Security on April 25, 2005, agreeing to not seek a
sequential referral of H.R. 1544. That same day, the Chairman
of the Committee on Science sent a letter to the Chairman of
the Committee on Homeland Security indicating that although
section 1807 of the bill as reported falls within the
jurisdiction of the Committee on Science, the Committee would
waive its right to consider the bill in order to expedite
consideration on the House Floor.
On April 28, 2005, the Committee on Homeland Security
reported H.R. 1544 to the House as H. Rpt. 109-65.
The Chairman of the Committee on Homeland Security sent
letters to the Chairman of the Committee on Energy and Commerce
and the Chairman of the Committee on Science on April 29, 2005,
agreeing to support the appointment of Conferees from the
Committee should a House-Senate Conference arise.
On May 10, 2005, the Committee on Rules met and granted a
Rule providing for the consideration of H.R. 1544, the Rule was
filed in the House as H. Res. 269 (H. Rpt. 109-77). The House
considered H. Res. 269 on May 12, 2005, and agreed to the Rule
by voice vote. The House then considered H.R. 1544 on May 12,
2005, and passed the bill, amended, by a recorded vote of 409
yeas and 10 nays.
H.R. 1544 was received in the Senate, read twice, and
referred to the Senate Committee on Homeland Security and
Governmental Affairs on May 12, 2005.
On July 21, 2005, the text of H.R. 1544 was offered as an
amendment on the House Floor during consideration of H.R. 3199
and included as section 128 of the House-passed bill. During
the House-Senate Conference on H.R. 3199, section 128 was
removed. See discussion of H.R. 3199 listed above.
DEPARTMENT OF HOMELAND SECURITY AUTHORIZATION ACT FOR FISCAL YEAR 2006
H.R. 1817
To authorize appropriations for fiscal year 2006 for the
Department of Homeland Security, and for other purposes.
Summary
H.R. 1817, the Department of Homeland Security
Authorization Act for Fiscal Year (FY) 2006, is the first bill
to pass the House reauthorizing the activities of the
Department of Homeland Security since the Department was
established. This bill provides Congressional policy guidance
to DHS as it carries out its homeland security activities. The
bill contains the key provisions described below.
Title I authorizes the overall appropriations for the
Department of Homeland Security for FY 2006, consistent with
the President's proposed FY 2006 budget for the Department and
the House-passed budget resolution (approximately $34.1
billion). This Title includes specific sums for the United
States Customs and Border Protection (CBP), Departmental
management and operations, critical infrastructure grants,
research and development, border and transportation security,
and amounts for other immigration programs.
Title II, Terrorism Prevention, Information Sharing, and
Risk Assessment, contains provisions: mandating the
establishment of a single process that will meet the security
requirements for conducting all Department screening and
background checks for voluntary and mandatory credentialing or
registered traveler programs (Section 201); requiring the
creation and routine dissemination of analytical reports and
products that provide specific information to private sector
officials responsible for protecting their institutions from
terrorist attacks (Section 212); directing the Secretary to
ensure that the Office of Information Analysis acquires
sufficient expertise to create, on an ongoing basis, products
regarding terrorism involving the use of nuclear weapons and
biological agents (Section 213); directing the Secretary to
establish an alternative analysis process and assign an
individual to ensure that the Department conducts alternative
or ``red-team'' analysis of homeland security information that
relates to terrorism involving the use of nuclear weapons and
biological agents (Section 214); allocating the mission
elements in section 201(d) of the Homeland Security Act of 2002
(P.L. 107-296) between the Office of Information Analysis and
the Office of Infrastructure Protection (Section 215); making
the Secretary responsible for disseminating homeland security-
related information to State and local government officials and
the private sector, and limiting other Federal Officials from
issuing homeland security-related information or alert without
the Secretary's approval, except when it is essential that the
information is communicated immediately or when such
information is for the purpose of assisting State or local
officials in any aspect of the administration of criminal
justice (Section 216); establishing a fellowship program for
the purpose of bringing State, local, tribal, and private
sector officials to participate in the work of the Homeland
Security Operations Center (Section 217); ensuring the
Assistant Secretary for Information Analysis (ASIA) receives
all information obtained by the Department relating to a threat
of terrorism involving the potential use of nuclear weapons,
and that such information is analyzed and disseminated in a
timely manner to State, local, tribal, and private sector
officials who have appropriate security clearances (Section
218); ensuring that the ASIA is given prompt access to all
terrorism-related information collected by or in the possession
of the Department (Section 219); authorizing the Homeland
Security Information Network and making the Secretary
responsible for developing and administering the network
(Section 220); allowing the Secretary to pay a bonus to recruit
an individual for a position with the Information Analysis and
Infrastructure Protection Directorate (IAIP), and permitting
the hiring of individuals receiving an annuity from the Civil
Service Retirement and Disability Fund for positions within the
IAIP without requiring those individuals to forfeit his or her
annuity (Section 221); making the Secretary of Homeland
Security a member of any Director of National Intelligence-
established interagency collection and requirements management
board that develops and reviews national intelligence
collection requirements in response to Presidential
intelligence guidelines (Section 222); requiring the Under
Secretary for IAIP to administer the Homeland Security Advisory
System and provide advisories and alerts regarding threats to
homeland security, including national, regional, local, and
economic sector advisories and alerts (Section 223); ensuring
that the ASIA produces and disseminates reports and analytical
products based on open-source information that does not require
national security classification, and that such unclassified
reports are produced and disseminated contemporaneously with
classified reports containing the same or similar information
(Section 224); and directing the Under Secretary for IAIP to
ensure that the ASIA and the Assistant Secretary of
Infrastructure Protection make full and efficient use of open-
source information (Section 206).
Title III, Domestic Preparedness and Protection, contains
provisions assigning the Office for Domestic Preparedness (ODP)
with primary responsibility for designing, developing,
performing, and evaluating terrorism preparedness exercises,
including a National Terrorism Exercise Program to enhance
coordination for terrorism preparedness across a broad cross-
section of governmental entities, first responders, the private
sector, and foreign entities (Section 301); directing the
Secretary to complete the creation of the Technology
Clearinghouse within the Science and Technology (S&T)
Directorate and establish a homeland security technology and
equipment transfer program to facilitate the identification,
modification, and commercialization of technology and equipment
for use by Federal, State, and local government agencies, first
responders, and the private sector, to prevent, prepare for,
and respond to acts of terrorism (Section 302); requiring the
Secretary to conduct a study of all Department procurements to
identify those that involve any technology that may be used to
prevent, identify, detect, or deter acts of terrorism, and
determine whether the technology is an appropriate candidate
for the litigation and risk management protections of subtitle
G of Title VIII of the Homeland Security Act of 2002 (P.L. 107-
296) (Section 303); establishing a university-based Center of
Excellence for Border Security to address the most significant
threats, vulnerabilities, and consequences posed by the
Nation's borders and border control systems (Section 304);
authorizing the Secretary to expand the Container Security
Initiative (CSI) to additional ports and assist in the
purchasing and deployment of non-intrusive inspection equipment
at new CSI ports (Section 305); requiring the Secretary to
establish standards and procedures for securing maritime cargo
containers including entering into agreements with foreign
countries and international organizations to establish
standards for the security of maritime cargo containers moving
within the intermodal transportation system (Section 306);
requiring the Secretary to issue a security plan for the
resumption of general aviation at Ronald Reagan Washington
National Airport (Section 307); encouraging the Department to
implement as soon as possible a comprehensive national approach
to achieving public safety interoperable communications
(Section 308); requiring the Secretary of Homeland Security to
report on how the Department will implement the applicable
Government Accountability Office recommendations regarding the
protection of agriculture from terrorist attack (Section 309);
establishing passenger seating requirements for commercial
flights arriving and departing from Ronald Reagan Washington
National Airport (Section 310); adjusting the training and
qualifications of Federal Flight Deck Officers (Section 310A);
establishing a National Cybersecurity Office, headed by an
Assistant Secretary for Cybersecurity with primary authority
within the Department for all cybersecurity-related critical
infrastructure programs, including policy formation and program
management (Section 312); authorizing a grant program for
cybersecurity training and equipment (Section 313); supporting
cybersecurity research and development to improve the ability
of the United States to prevent, protect against, detect,
respond to, and recover from cyber attacks (Section 314);
requiring the Secretary, in coordination with the Secretary of
Transportation, to issue a report containing best practices for
the security of public transportation systems (Section 321);
requiring the Secretary of Transportation, after consulting
with the Secretary of Homeland Security, to develop a national
plan to increase awareness of measures the general public,
public transportation passengers, and public transportation
employees can take to increase public transportation system
security related to threats of terrorism (Section 322);
directing the Secretary to complete prioritization of the
Nation's critical infrastructure according to enumerated
criteria (Section 331); providing for the review of plans for
securing critical infrastructure (Section 332); and protecting
from disclosure certain critical infrastructure information
generated, compiled, or disseminated by the Department (Section
334).
Title IV, Customs and Border Protection and Immigration and
Customs Enforcement, contains provisions requiring the
Commissioner of Customs and Border Protection (CBP) and the
Assistant Secretary for Immigration and Customs Enforcement
(ICE) to establish and implement cost accounting systems for
their respective entities (Section 401); directing the
Commissioner of CBP to submit reports to Congress on the ``One
Face at the Border'' Initiative, a program to unify customs,
immigration, and agricultural inspection functions by cross-
training CBP personnel (Section 402); providing for the payment
of overtime for CBP employees performing customs border patrol
services by charter air carriers where the services are
requested by such carriers for charter flights arriving after
normal operating hours (Section 403); encouraging CBP to
broadly interpret, implement, and enforce specified textile and
apparel provisions of the African Growth and Opportunity Act,
Andean Trade Preference Act, and Caribbean Basin Economic
Recovery Act in order to expand trade by maximizing
opportunities for imports from eligible beneficiary countries
(Section 404); and directing the Secretary to create at least
four enrollment centers not located at the border for the Free
and Secure Trade (FAST), Secure Electronic Network for
Travelers Rapid Inspection (SENTRI), and NEXUS programs
(Section 405).
Title V contains miscellaneous provisions requiring the
Secretary to evaluate the organizational structure of the
Department and report on the current division of immigration
functions (Section 501); directing the Comptroller General to
submit reports assessing the effectiveness of Departmental
organizational structure and recommending improvements, and
efforts by the Assistant Secretary for Cybersecurity to fulfill
the statutory responsibilities of that office (Section 502);
directing the Secretary to develop a plan to improve
operational efficiency of security screening checkpoints at
commercial airports and ensure that there are no significant
disparities in immigration and customs processing times among
airports serving as international gateways (Section 503);
specifying that required appeal hearings for persons found
ineligible for transportation security cards are to be
conducted before an administrative law judge and that, with
regard to the terrorism security risk ground of ineligibility,
felony convictions occurring more than seven years prior to the
Secretary's determination of ineligibility that were not
related to terrorism will not be considered (Section 504);
transferring to ICE all functions of the Customs Patrol
Officers unit of CBP operating on the Tohono O'odham Indian
reservation (known as the Shadow Wolves unit) (Section 505);
requiring the Secretary to establish procedures to recorded
information on the use of immigration consultants by aliens
(Section 506); changing the name of the Office for State and
Local Government Coordination to the Office of State, Local,
and Tribal Government Coordination (Section 507); directing the
Secretary to study and report on the feasibility and
desirability of modifying the area of jurisdiction of the
Office of National Capital Region Coordination (Section 508);
authorizing the participation of a Department of Energy
laboratory in university-based centers for homeland security
(Section 510); requiring a report on Department of Homeland
Security efforts to curtail production and increase public
awareness of imitation homeland security identification
(Section 511); requiring a plan for systematic surveillance of
the Northern border by remotely piloted aircraft (Section 512);
requiring the Secretary to carry out a pilot program testing
the use of advanced technology to improve border security
between ports of entry along the northern border (Section 513);
requiring the Comptroller General to study and report to
Congress on the consequences of increasing the registration fee
for temporary protected status under the Immigration and
Nationality Act (INA), and the Department's proposal to expand
the use of premium fees for employment-based petitions and
applications under the INA (P.L. 82-414) (Sections 514, 515);
requiring that more than 50 percent of the components in any
end product procured by the Department contains components
mined, produced, or manufactured inside the United States
(Section 516); requiring the development of criteria and
guidelines for determining if a death is disaster-related and
therefore eligible for disaster assistance (Section 517);
authorizing appropriations for the Office of Counternarcotics
Enforcement (Section 518); prohibiting funds authorized under
this Act from being derived from increases in civil aviation
security service fees (Section 519); affirming the existing
general authority of law enforcement personnel of a State or a
political subdivision of a State to apprehend, detain, or
remove aliens in the United States for the purposes of
assisting in the enforcement of the immigration laws of the
United States in the course of carrying out routine duties
(Section 520); and establishing training for state and local
law enforcement personnel of any State or political subdivision
to apprehend, detain, or remove aliens in the United States for
purposes of assisting with immigration enforcement (Section
521).
Legislative History
H.R. 1817 was introduced in the House on April 26, 2005 by
Mr. Cox and referred solely to the Committee on Homeland
Security, and held at the Full Committee.
On April 27, 2005, the Full Committee considered H.R. 1817
and ordered the bill favorably reported to the House, amended,
by voice vote.
The Chairman of the Committee on Agriculture sent a letter
to the Chairman of the Committee on Homeland Security on May 2,
2005, indicating that although the Committee has a
jurisdictional interest in provisions of H.R. 1817, the
Committee on Agriculture, the Committee would not seek a
sequential referral in order to expedite consideration of the
measure on the House Floor. On May 16, 2005 the Chairman of the
Committee on Homeland Security sent a letter to the Chairman of
the Committee on Agriculture acknowledging the Committee's
jurisdictional interests in H.R. 1817.
The Chairman of the Committee on Armed Services sent a
letter to the Chairman of the Committee on Homeland Security on
May 2, 2005 indicating that although the Committee has a
jurisdictional interest in provisions of H.R. 1817, the
Committee on Armed Services would not seek a sequential
referral in order to expedite consideration of the measure on
the House floor. On the same day, the Chairman of the Committee
on Homeland Security sent a letter to the Chairman of the
Committee on Armed Services acknowledging the Committee's
jurisdictional interests in H.R. 1817.
The Chairman of the Committee on Ways and Means sent a
letter to the Chairman of the Committee on Homeland Security on
May 13, 2005 agreeing to forgo action on H.R. 1817 in order to
expedite consideration of the measure on the House floor. On
the same day, the Chairman of the Committee on Homeland
Security sent a letter to the Chairman of the Committee on Ways
and Means acknowledging the Committee's jurisdictional
interests in H.R. 1817.
The Chairman of the Permanent Select Committee on
Intelligence sent a letter to the Chairman of the Committee on
Homeland Security on May 16, 2005 indicating that although
certain provisions of H.R. 1817 fall within the jurisdiction of
the Permanent Select Committee on Intelligence, the Committee
would not seek a sequential referral in order to expedite
consideration of the measure on the House floor. On the same
day, the Chairman of the Committee on Homeland Security sent a
letter to the Chairman of the Permanent Select Committee on
Intelligence acknowledging the Committee's jurisdictional
interests in H.R. 1817.
The Chairman of the Committee on Government Reform sent a
letter to the Chairman of the Committee on Homeland Security on
May 18, 2005 indicating that, although certain provisions of
H.R. 1817 fall within the jurisdiction of the Committee on
Government Reform, the Committee would not seek a sequential
referral in order to expedite consideration of the measure on
the House floor. On the same day, the Chairman of the Committee
on Homeland Security sent a letter to the Chairman of the
Committee on Government Reform acknowledging the Committee's
jurisdictional interests in H.R. 1817.
The Chairman of the Committee on Homeland Security sent a
letter to the Chairman of the Committee on Rules on May 16,
2005 requesting that the Committee on Rules craft a structured
Rule providing for an hour of general debate and an appropriate
number of amendments.
On May 2, 2005, the Committee on Homeland Security reported
H.R. 1817 to the House as H. Rpt. 109-71, Pt. 1. H.R. 1817 was
subsequently, and sequentially, referred to the Committee on
Energy and Commerce, the Committee on Government Reform, the
Committee on the Judiciary, the Committee on Science, the
Committee on Transportation and Infrastructure, the Committee
on Ways and Means, and the Permanent Select Committee on
Intelligence, for a period, in each case, ending not later than
May 13, 2005.
On May 13, 2005, the Committee on Energy and Commerce and
the Committee on the Judiciary reported H.R. 1817 to the House
as H. Rpt. 109-71, Pt. 2 and Pt. 3, respectively. On that same
day the Committee on Government Reform, the Committee on
Science, the Committee on Transportation and Infrastructure,
the Committee on Ways and Means, and the Permanent Select
Committee on Intelligence, were discharged from further
consideration of H.R. 1817.
The Committee on Rules met on May 17, 2005, and granted a
Rule providing for the consideration of H.R. 1817. The Rule was
filed in the House as H. Res. 283 (H. Rpt. 109-84). The House
considered H. Res. 283 on May 18, 2005, and agreed to the Rule
by a recorded vote of 284 yeas and 124 nays. The House
considered H.R. 1817 under the provisions of H. Res. 283 on May
18, 2005, and passed the bill by a recorded vote of 424 yeas
and 4 nays.
H.R. 1817 was received in the Senate on May 19, 2005, read
twice, and referred to the Senate Committee on Homeland
Security and Governmental Affairs.
BORDER PROTECTION, ANTITERRORISM, AND ILLEGAL IMMIGRATION CONTROL ACT
OF 2005
H.R. 4437 (H.R. 4312, S. 2611, H.R. 4238, H.R. 4253, H.R. 4283, H.R.
4284, H.R. 4285, and H.R. 5589)
Summary
H.R. 4437 is a comprehensive package of border security
legislation developed jointly by the Committee on Homeland
Security and the Committee on the Judiciary. Provisions within
the Committee on Homeland Security's jurisdiction require and
provide the resources necessary to gain operational control
over the border; expand cooperation and information sharing
between Federal, State, and local agencies; require mandatory
detention of illegal aliens; enhance organizational structures
within the Department of Homeland Security to better address
border security; and mandate additional physical infrastructure
along the border. Additional provisions included by the
Committee on the Judiciary address penalties for illegal
activity along the border and require a mandatory employer
verification system.
Legislative History
H.R. 4312, Border Security and Terrorism Prevention Act of 2005
H.R. 4312 was introduced in the House on November 14, 2005,
by Mr. King of New York, Mr. Daniel E. Lungren of California,
and Ms. Loretta Sanchez of California. H.R. 4312 was referred
to the Committee on Homeland Security, the Committee on the
Judiciary, and the Committee on Armed Services.
As introduced, H.R. 4312 incorporated provisions from H.R.
4238, H.R. 4253, H.R. 4283, H.R. 4284, H.R. 4285, and H.R.
5589. These provisions were ultimately included in H.R. 4437 in
sections 401, 403, 110, 109, 108, and 503 respectively.
The Committee on Homeland Security met, on November 16 and
17, 2005, to consider H.R. 4312, and ordered H.R. 4312
favorably reported to the House, amended, by voice vote.
On December 6, 2005, the Committee on Homeland Security
reported H.R. 4312 to the House as H. Rpt. 109-329, Pt. 1.
Subsequently, the Committee on the Judiciary, and the Committee
on Armed Services were discharged from further consideration of
H.R. 4312.
H.R. 4437, Border Protection, Antiterrorism, and Illegal Immigration
Control Act of 2005
On December 6, 2005, the Committee on Homeland Security and
the Committee on the Judiciary reached a compromise on
legislative language relating to border security. A new
measure, consisting of this compromise, was introduced in the
House as H.R. 4437 on December 6, 2005, by Mr. Sensenbrenner,
Mr. King of New York, Mr. Smith of Texas, Ms. Foxx, Mr. Daniel
E. Lungren of California, Mr. Issa, and Mr. Gary G. Miller of
California. H.R. 4437 was referred to the Committee on the
Judiciary and the Committee on Homeland Security.
On December 8, 2005, the Committee on the Judiciary met and
ordered H.R. 4437 reported to the House, amended, by a recorded
vote of 23 yeas and 15 nays.
The Committee on the Judiciary reported H.R. 4437 to the
House on December 13, 2005, as H. Rpt. 109-345, Pt. 1. The
Committee on Homeland Security was subsequently discharged from
further consideration of H.R. 4437. On that same date, H.R.
4437 was jointly and sequentially referred to the Committee on
Education and the Workforce, and the Committee on Ways and
Means for a period in both cases ending not later than December
14, 2005. Subsequently, both the Committee on Education and the
Workforce and the Committee on Ways and Means were discharged
from further consideration of H.R. 4437.
On December 15, 2005, the Committee on Rules met and
granted a Rule providing for the consideration of H.R. 4437,
the Rule was filed in the House as H. Res. 610. The House
agreed to the Rule on December 15, 2005, by a recorded vote of
220 yeas and 206 nays.
The House considered H.R. 4437 on December 15, 2005, under
the provisions of H. Res. 610. On December 16, 2005, the
Committee on Rules met and granted a second Rule providing for
the continued consideration of H.R. 4437, the Rule was filed in
the House as H. Res. 621. The House agreed to H. Res. 621 on
December 16, 2005. The House continued consideration of H.R.
4437 under the provisions of H. Res. 621, and passed the bill
by a recorded vote of 239 yeas and 182 nays.
H.R. 4437 was received in the Senate on December 17, 2005,
and on January 27, 2006, read twice and referred to the Senate
Committee on the Judiciary.
On April 27, 2006, S. 2611, the Senate companion measure,
was introduced in the Senate by Mr. Specter, Mr. Hagel, Mr.
Martinez, Mr. McCain, Mr. Kennedy, Mr. Graham, and Mr.
Brownback. S. 2611 was read a first time and placed on the
Senate Legislative Calendar. On April 24, 2006, S. 2611 was
read a second time.
The Senate considered S. 2611 by unanimous consent on May
15, 16, 17, 18, 19, and 22, 2006. On May 22, 2006, a cloture
motion on the bill was presented in the Senate. The Senate
continued consideration of S. 2611 on May 23 and 24, 2006. A
cloture motion on the bill was invoked in Senate on May 24,
2006, by a recorded vote of 73 yeas and 25 nays. The Senate
continued consideration of S. 2611 on May 25, 2006, and on that
date, passed the measure by a recorded vote of 62 yeas and 36
nays.
PROMOTING ANTITERRORISM CAPABILITIES THROUGH INTERNATIONAL COOPERATION
ACT
H.R. 4942
To establish a capability and office to promote cooperation
between entities of the United States and its allies in the
global war on terrorism for the purpose of engaging in
cooperative endeavors focused on the research, development, and
commercialization of high-priority technologies intended to
detect, prevent, respond to, recover from, and mitigate against
acts of terrorism and other high consequence events and to
address the homeland security needs of Federal, State, and
local governments.
Summary
H.R. 4942, the ``Promoting Antiterrorism Capabilities
Through International Cooperation Act,'' is intended to
stimulate, promote, and support cooperation between the United
States and its allies in the Global War on Terrorism on
research, development, testing, and evaluation of high-priority
technologies intended to detect, prevent, respond to, recover
from, and mitigate against acts of terrorism. Specifically,
H.R. 4942 directs the Under Secretary for Science and
Technology of the Department of Homeland Security to establish
a Science and Technology Homeland Security International
Cooperative Programs Office to facilitate international
cooperative activities, such as international homeland security
technology workshops and conferences and joint ventures between
public and private sector entities within the United States and
those of our allies with technological expertise in combating
terrorism. At its most fundamental level, H.R. 4942 is designed
to expedite the deployment of safe and effective homeland
security technologies to first responders and others in need.
Legislative History
H.R. 4942 was introduced on March 14, 2006, by Mr. King of
New York, Mr. Thompson of Mississippi, Mr. Reichert, and Mr.
Pascrell, and referred solely to the Committee on Homeland
Security. Within the Committee the bill was referred to the
Subcommittee on Emergency Preparedness, Science, and
Technology.
On March 15, 2006, the Subcommittee on Emergency
Preparedness, Science, and Technology considered H.R. 4942 and
ordered the measure favorably forwarded to the Full Committee
for consideration, without amendment, by voice vote. The Full
Committee considered H.R. 4942 on June 14, 2006, and ordered
H.R. 4942 reported to the House, amended, by voice vote.
The Chairman of the Committee on Science sent a letter to
the Chairman of the Committee on Homeland Security on September
21, 2006, agreeing that, in order to expedite consideration of
H.R. 4942 on the House floor, the Committee on Science would
not seek a sequential referral of the measure.
The Chairman of the Committee on Homeland Security
acknowledges this agreement with the Chairman of the Committee
on Science on September 22, 2006.
The Committee on Homeland Security reported H.R. 4942 to
the House on September 25, 2005 (H. Rpt. 109-674).
The House agreed to suspend the Rules and pass H.R. 4942 on
September 26, 2006, by voice vote. H.R. 4942 was received in
the Senate on September 27, 2006, and on November 13, 2006, was
referred to the Senate Committee on Homeland Security and
Governmental Affairs.
SHADOW WOLVES TRANSFER
H.R. 5589
To direct the Secretary of Homeland Security to transfer to
United States Immigration and Customs Enforcement all functions
of the Customs Patrol Officers unit operating on the Tohono
O'odham Indian reservation.
Summary
The ``Shadow Wolves'' are a specialized unit of Customs
Patrol Officers (CPO) created by Congress in 1972 to patrol the
international land border within the Tohono O'odham Nation, a
sovereign Indian Nation, located in the State of Arizona. After
the creation of the Department of Homeland Security, the Shadow
Wolves unit was transferred to the United States Customs and
Border Protection and placed under the administrative control
of the Tucson Sector of the Border Patrol. This reorganization
has produced uncertainty and a lack of clear direction for the
unit, negatively impacting operations and retention of
personnel. H.R. 5589 transfers the Shadow Wolves to Immigration
and Customs Enforcement (ICE), as the unit's work most closely
resembles that of ICE Special Agents who investigate and
attempt to close down large drug smuggling operations. In
addition, this bill sets the pay scale of the Shadow Wolves at
the same rate as ICE Special Agents and specifies that the
Chief Customs Patrol Officer will have a rank that is
equivalent to a resident agent-in-charge of the Office of
Investigations with ICE.
Legislative History
H.R. 5589 was introduced in the House on June 12, 2006, by
Mr. Souder, Mr. Shadegg, and Mr. King of Iowa, and referred
solely to the Committee on Homeland Security. Within the
Committee, H.R. 5589 was referred to the Subcommittee on
Economic Security, Infrastructure Protection, and
Cybersecurity.
On July 10, 2006, the House agreed to suspend the Rules and
passed H.R. 5589 by voice vote.
H.R. 5589 was received in the Senate on July 11, 2006, read
twice, and referred to the Senate Committee on Homeland
Security and Governmental Affairs.
The provisions of H.R. 5589 were included in H.R. 4312 and
H.R. 4437, as introduced. See discussion of H.R. 4437 listed
above.
21ST CENTURY EMERGENCY COMMUNICATIONS ACT OF 2006
H.R. 5852 (H.R. 5441, H.R. 5351)
To amend the Homeland Security Act of 2002 to enhance
emergency communications at the Department of Homeland
Security, and for other purposes.
Summary
H.R. 5852, the ``21st Century Emergency Communications Act
of 2006,'' enhances operable and interoperable emergency
communications nationwide by ensuring that first responders,
emergency managers, the military, and others to communicate
more effectively with each other during acts of terrorism,
natural disasters, and other emergencies. Specifically, H.R.
5852 consolidates the Department of Homeland Security's
emergency communications activities and programs within a new
Office of Emergency Communications and creates a new Assistant
Secretary to oversee it; mandates the completion of a National
Emergency Communications Report that recommends goals and time
frames for the achievement of redundant, sustainable, and
interoperable emergency communications systems; requires a
baseline assessment of current emergency communications
capabilities and periodic assessments on the Nation's progress
in filling in existing gaps; accelerates the development of
national standards for emergency communications equipment;
requires State and local governments to establish effective
Statewide Interoperable Communications Plans before being able
to use Federal homeland security grant funds administered by
the Department for emergency communications; and facilitates
and enhances coordination on emergency communications by
establishing regional working groups comprised of Federal,
State, and local officials, first responders, the private
sector, and other relevant stakeholders.
Legislative History
H.R. 5852 which was introduced on July 20, 2006, by Mr.
Reichert, Mr. Pascrell, Mr. King of New York, Mr. Thompson of
Mississippi, Mr. McCaul of Texas, Mrs. Lowey, Mr. Weldon of
Pennsylvania, Mr. Etheridge, Mr. Simmons, Mrs. Christensen, and
Mr. DeFazio, and referred to the Committee on Homeland Security
and the Committee on Energy and Commerce. Within the Committee
on Homeland Security, H.R. 5852 was held at the Full Committee.
The Chairman of the Committee on Science sent a letter to
the Chairman of the Committee on Homeland Security on July 24,
2006, indicating that although the bill as introduced falls
within the jurisdiction of the Committee on Science, the
Committee would not seek a sequential referral of the bill in
order to expedite consideration on the House floor. The
Chairman of the Committee on Homeland Security sent a letter to
the Chairman of the Committee on Science on July 24, 2006,
acknowledging the jurisdictional interests of the Committee on
Science.
On July 25, 2006, the House agreed to suspend the Rules and
passed H.R. 5852 by a recorded vote of 414 yeas and 2 nays.
H.R. 5589 was received in the Senate on July 26, 2006, read
twice, and referred to the Senate Committee on Homeland
Security and Governmental Affairs.
As introduced, H.R. 5441 included the text of H.R. 5852.
See discussion of H.R. 5441 listed above.
MORE BORDER PATROL AGENTS NOW ACT OF 2006
H.R. 6160
To recruit and retain Border Patrol agents.
Summary
H.R. 6160, the ``More Border Patrol Agents Now Act,''
directs the Secretary of Homeland Security to submit to
Congress a plan on recruiting and retaining skilled Border
Patrol agents. Among other things, H.R. 6160 authorizes the
Department of Homeland Security to offer recruitment and
retention salary bonuses.
Legislative History
H.R. 6160 was introduced in the House on September 25,
2006, by Mr. Rogers of Alabama, Mr. Issa, Mr. McCotter, Ms.
Harris, and Mr. Gary G. Miller of California, and referred to
the Committee on Homeland Security and the Committee on
Government Reform. Within the Committee on Homeland Security,
H.R. 6160 was referred to the Subcommittee on Economic
Security, Infrastructure Protection, and Cybersecurity.
On September 26, 2006, the House agreed to suspend the
Rules and passed H.R. 6160 by voice vote.
H.R. 6160 was received in the Senate and held at the Desk
on September 27, 2006.
INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2007
H.R. 5020 (S. 3237, H.R. 5178)
To authorize appropriations for fiscal year 2007 for
intelligence and intelligence-related activities of the United
States Government, the Community Management Account, and the
Central Intelligence Agency Retirement and Disability System,
and for other purposes.
Summary
As passed by the House, H.R. 5020 authorizes appropriations
for Fiscal Year 2007 for intelligence and intelligence-related
activities of the United States Government, the Community
Management Account, and the Central Intelligence Agency
Retirement and Disability System. The Committee was engaged in
sections 601 and 602, which direct the Secretary of Homeland
Security to conduct a study to identify best practices for the
communication of information concerning a terrorist threat.
Legislative History
H.R. 5020 was introduced by Mr. Hoekstra on March 28, 2006,
and referred to the Permanent Select Committee on Intelligence.
The Permanent Select Committee on Intelligence reported H.R.
5020 to the House on April 6, 2006 (H. Rpt. 109-411).
The Committee on Rules met on April 25, 2006 and filed a
Rule providing for the consideration H.R. 5020 as H. Res. 774
(H. Rpt. 109-438). The House considered and agreed to the Rule
by a recorded vote of 228 yeas and 194 nays on April 26, 2006.
The House considered H.R. 5020 on April 26, 2006, and
passed the bill by a recorded vote of 327 yeas and 96 nays.
H.R. 5020 was received in the Senate on April 27, 2006,
read twice, and held at the Desk.
SECURE BORDER INITIATIVE FINANCIAL ACCOUNTABILITY ACT OF 2006
H.R. 6162
To require financial accountability with respect to certain
contract actions related to the Secure Border Initiative of the
Department of Homeland Security.
Summary
The Secure Border Initiative (SBI) is the successor program
to the Integrated Surveillance Intelligence System (ISIS) and
the Remote Video Surveillance (RVS) program. SBI is a
comprehensive, multi-year program composed of a mix of
personnel, infrastructure, and technology to gain operational
control of the Nation's borders. To ensure the financial
integrity of the new border security contract, H.R. 6162
directs the Inspector General of the Department of Homeland
Security to: (1) determine whether each contract action related
to SBI with a value greater than $20 million complies with cost
requirements, performance objectives, program milestones,
inclusion of small, minority, and women-owned business, and
time lines; (2) submit findings to the Secretary of Homeland
Security, including regarding cost overruns, delays in contract
execution, lack of rigorous contract management, insufficient
financial oversight, bundling that limits the ability of small
business to compete, or other high risk business practices; and
(3) refer information regarding improper conduct or wrongdoing
to the appropriate Departmental official for purposes of
evaluating whether to suspend or debar a contractor. This bill
also requires the Secretary to report to Congress any findings
or processes in place to address any problems within SBI as
identified by the Inspector General.
Legislative History
H.R. 6162 was introduced on September 25, 2006, by Mr.
Rogers of Alabama, Mr. Thompson of Mississippi, and Mr.
McCotter, and referred solely to the Committee on Homeland
Security. Within the Committee on Homeland Security, H.R. 6162
was referred to the Subcommittee on Economic Security,
Infrastructure Protection, and Cybersecurity.
On September 28, 2006, the House agreed to suspend the
Rules and pass H.R. 6162 by voice vote. H.R. 6162 was received
in the Senate and held at the Desk on that same date.
As introduced, H.R. 5441 included the text of H.R. 6162.
See discussion of H.R. 5441 listed above.
RESOLUTION RELATING TO THE TERRORIST ATTACKS AGAINST THE UNITED STATES
ON SEPTEMBER 11, 2001
H. Res. 427
Summary
H. Res. 427 is a resolution extending the deepest
sympathies of the House of Representatives to the thousands of
innocent victims of the September 11, 2001, terrorist attacks,
their families, friends, and loved ones.
Legislative History
H. Res. 427 was introduced in the House on September 7,
2005, by Mr. Hyde, Mr. Lantos, and Mr. Doolittle. H. Res. 427
was referred to the Committee on International Relations, and
in addition to the Committee on Armed Services, the Committee
on Transportation and Infrastructure, the Committee on the
Judiciary, and the Committee on Homeland Security.
On September 8, 2005, the House considered H. Res. 427
under suspension of the Rules and agreed to the resolution by a
recorded vote of 402 yeas and 6 nays.
RESOLUTION ON THE FIFTH ANNIVERSARY OF SEPTEMBER 11, 2001 ATTACKS
H. Res. 994
Expressing the sense of the House of Representatives on the
fifth anniversary of the terrorist attacks launched against the
United States on September 11, 2001.
Summary
H. Res. 994 expresses the sense of the House of
Representatives on the anniversary of the terrorist attacks of
September 11, 2001, remembering and mourning the victims of
those attacks; extending sympathies to family members and loved
ones of the victims; honoring the heroism of those who risked
their lives and health coming to the aid of others on that day;
expressing gratitude to those now serving in the global war on
terrorism and to foreign Nations who are assisting the United
States in fighting the war on terrorism; vowing to remain
vigilant in the fight against terrorism; and reaffirming the
commitment of the American people to remember the tragedy of
September 11, 2001, and to continue to fight the global War on
Terrorism.
Legislative History
H. Res. 994 was introduced on September 12, 2006, by Mr.
King of New York and four original cosponsors. The measure was
referred to the Committee on Government Reform, and in addition
to the Committee on International Relations, the Committee on
Armed Services, the Committee on Transportation and
Infrastructure, the Committee on Homeland Security, the
Committee on the Judiciary, and the Permanent Select Committee
on Intelligence.
The Committee on Rules met on September 12, 2006, and filed
a Rule providing for the consideration of H. Res. 994 as H.
Res. 996 (H. Rpt. 109-646). The House agreed to the Rule by
voice vote on September 13, 2006. The House then considered
H.Res. 994 under the provisions of the Rule on September 13,
2006, and agreed to the resolution by a recorded vote of 395
yeas and 22 nays with 1 voting ``present.''
RESOLUTION ON THE U.S. BORDER PATROL
H. Res. 1030
Expressing the sense of the House of Representatives that
the United States Border Patrol is performing an invaluable
service to the United States, and that the House of
Representatives fully supports the more than 12,000 Border
Patrol agents.
Summary
This resolution expresses the sense of the House of
Representatives that the men and women of the Border Patrol
should be supported for their dedication to the United States
and to their mission to secure our borders.
Legislative History
H. Res. 1030 was introduced by Mr. Jones of North Carolina
on September 21, 2006, and referred solely to the Committee on
Homeland Security.
On September 26, 2006, the House agreed to suspend the
Rules and agreed to the resolution by voice vote.
BORDER SECURITY AND TERRORISM PREVENTION ACT OF 2005
H.R. 4312
To establish operational control over the international
land and maritime borders of the United States, and for other
purposes.
Summary
H.R. 4312 requires and provides for the resources necessary
to gain operational control over the border, expand cooperation
and information sharing between Federal, State, and local
agencies, require mandatory detention of illegal aliens,
enhance organizational structures within the Department to
better address border security, and mandate additional physical
infrastructure along the border.
Legislative History
H.R. 4312 was introduced in the House on November 14, 2005,
by Mr. King of New York, Mr. Daniel E. Lungren of California,
and Ms. Loretta Sanchez of California, and referred to the
Committee on Homeland Security, and in addition to the
Committee on the Judiciary and the Committee on Armed Services.
The Committee on Homeland Security met to consider H.R.
4312 on November 16 and 17, 2005. On November 17, 2005, the
Committee on Homeland Security ordered H.R. 4312 reported to
the House, amended, by voice vote.
The Committee on Homeland Security reported H.R. 4312 to
the House on December 6, 2005, as H. Rpt. 109-329, Pt. 1. The
Committee on the Judiciary and the Committee on Armed Services
were subsequently discharged from further consideration of H.R.
4312.
The text of H.R. 4312, as reported to the House by the
Committee on Homeland Security, was included within the text of
H.R. 4437, as introduced. See discussion of H.R. 4437 listed
above.
CHEMICAL FACILITY ANTI-TERRORISM ACT OF 2006
H.R. 5695
To amend the Homeland Security Act of 2002 to provide for
the regulation of certain chemical facilities, and for other
purposes.
Summary
H.R. 5695 gives the Department of Homeland Security the
authority to regulate security at chemical facilities. The bill
further requires the Secretary to assess the risk of each of
the 15,000 chemical facilities and place them into tiers. The
bill requires that the Secretary implement regulations to
require vulnerability assessments and security plans. The
Secretary is directed to require security measures commensurate
with the level of risk at each facility. The bill also requires
that the regulations be performance-based, setting overall
standards for security at each facility, but allowing
individual facilities flexibility in how to meet those
performance requirements. Additionally, H.R. 5695 establishes a
submission and approval process for the assessments and plans,
provides civil and criminal penalties for non-compliance, and
provides protection of information developed under this bill.
Legislative History
Prior to the introduction of H.R. 5695, on June 15, 2005,
the Subcommittee on Economic Security, Infrastructure
Protection, and Cybersecurity held a hearing entitled
``Preventing Terrorist Attacks on America's Chemical Plants.''
The Subcommittee received testimony from Mr. Robert Stephan,
Assistant Secretary for Infrastructure Protection, Department
of Homeland Security; Mr. Frank J. Cilluffo, Director, Homeland
Security Policy Institute, The George Washington University;
Mr. Stephen Bandy, Manager, Corporate Safety and Security,
Marathon Ashland Petroleum, LLC, testifying on behalf of the
National Petrochemical and Refiners Association and the
American Petroleum Institute; Mr. Marty Durbin, Managing
Director of Security and Operations, American Chemistry
Council; Mr. Allen Summers, President and Chief Executive
Office, Asmark, Inc., testifying on behalf of The Fertilizer
Institute; and Mr. Sal DePasquale, Security Specialist, CH2M
Hill and the University of Georgia.
H.R. 5695 was introduced on June 28, 2006, by Mr. Daniel E.
Lungren of California, Mr. Thompson of Mississippi, and nine
original cosponsors, and referred to the Committee on Homeland
Security, and the Committee on Energy and Commerce. Within the
Committee on Homeland Security, H.R. 5695 was referred to the
Subcommittee on Economic Security, Infrastructure Protection,
and Cybersecurity.
On June 29, 2006, the Subcommittee on Economic Security,
Infrastructure Protection, and Cybersecurity held a hearing on
H.R. 5695. The Subcommittee received testimony from Hon.
Michael A.L. Balboni, Senator, New York State Senate; Mr. P.J.
Crowley, Senior Fellow and Director of National Defense and
Homeland Security, Center for American Progress; Mr. Scott
Berger, Director of the Center for Chemical Process Safety,
American Institute of Chemical Engineers; and Mr. Marty Durbin,
Director of Federal Affairs, American Chemistry Council.
The Subcommittee on Economic Security, Infrastructure
Protection, and Cybersecurity considered H.R. 5695, on July 11,
2006, and ordered the bill forwarded to the Full Committee
favorably for consideration, amended, by voice vote.
The Committee on Homeland Security considered H.R. 5695 on
July 27 and 28, 2006, and ordered the measure reported to the
House, amended, by voice vote. The Committee on Homeland
Security reported to the House on September 29, 2006 as H. Rpt.
109-707, Pt. I.
The referral of the bill to the Committee on Energy and
Commerce was extended for a period ending not later than
November 17, 2006. Referral of the bill to the Committee on
Energy and Commerce was extended on November 17, 2006 for a
period ending not later than December 8, 2006.
HOMELAND SECURITY SCIENCE AND TECHNOLOGY ENHANCEMENT ACT OF 2006
H.R. 4941 (H.R. 3270)
To reform the science and technology programs and
activities of the Department of Homeland Security, and for
other purposes.
Summary
H.R. 4941, the ``Homeland Security Science and Technology
Enhancement Act of 2006,'' is intended to enhance the ability
of the Department of Homeland Security's Directorate of Science
and Technology to develop and disseminate technologies that
will help our Nation's emergency response providers and other
``end-users'' prevent, prepare for, respond to, recover from,
and mitigate against acts of terrorism and other emergencies.
Among other things, this bill directs the Secretary of Homeland
Security, acting through the Under Secretary for Science and
Technology, to: develop a strategic plan for the Department's
science and technology activities; support the development,
promulgation, and updating of national voluntary consensus
standards for equipment and training for emergency response
providers and components of the Department; establish a
technology development and transfer program to facilitate the
identification, modification, and commercialization of
promising homeland security technologies and equipment;
establish a regional technology integration program to
facilitate the transition of innovative technologies and
operational concepts to urban and other high risk areas;
support research and development, including fundamental, long-
term research, in cybersecurity; and report to Congress on how
the Department will consider privacy and civil rights and civil
liberties issues in conducting its activities. H.R. 4941
provides the Department with additional legislative guidance to
support its mission of ensuring that our Nation possesses the
technology necessary to handle catastrophic incidents,
especially those involving chemical, biological, radiological,
nuclear, and explosive weapons.
Legislative History
H.R. 4941 was introduced on March 14, 2006, by Mr. Reichert
and Mr. Pascrell and referred solely to the Committee on
Homeland Security. Within the Committee on Homeland Security,
H.R. 4941 was referred to the Subcommittee on Emergency
Preparedness, Science, and Technology.
The Subcommittee on Emergency Preparedness, Science, and
Technology considered H.R. 4941 on March 15, 2006, and
forwarded the measure to the Full Committee, with a favorable
recommendation, amended, by voice vote.
The Committee on Homeland Security met to consider H.R.
4941 on June 14, 2006, and ordered the measure reported to the
House, amended, by voice vote.
Provisions of H.R. 3270 relating to rail security research
and development were included in H.R. 4941 during the Full
Committee consideration of that measure in section 14.
The Committee on Homeland Security reported H.R. 4941 to
the House on December 8, 2006, as H. Rpt. 109-729, Pt. I.
DEPARTMENT OF HOMELAND SECURITY AUTHORIZATION ACT FOR FISCAL YEAR 2007
H.R. 5814 (H.R. 1544, H.R. 6162, H.R. 4958, H.R. 4285)
To authorize appropriations for the Department of Homeland
Security, and for other purposes.
Summary
H.R. 5814, the Department of Homeland Security
Authorization Act for Fiscal Year (FY) 2007, is the second
annual bill to be favorably reported to the House by the
Committee on Homeland Security reauthorizing the activities of
the Department of Homeland Security. This bill provides
Congressional policy guidance to the Department as it carries
out its homeland security activities. The bill contains the key
provisions described below.
Title I authorizes the overall appropriations for the
Department of Homeland Security for FY 2007 in the amount of
$34,698,270,000. This amount is consistent with H.R. 5441, the
House-passed Department of Homeland Security Appropriations Act
for Fiscal Year 2007.
Title II, Improving Management, Integration, and Oversight,
contains provisions: eliminating the position of Under
Secretary for Management (Section 201); granting each chief
operating officer the authority to direct the budget,
activities, planning, operations, and training of their
counterparts within the component agencies of the Department
(Section 202); specifying that the Officer for Civil Rights and
Civil Liberties shall serve as the Secretary's coordinator for
emergency planning and response for individuals with
disabilities (Section 203); directing the Government
Accountability Office to conduct a study of the accessibility
of emergency shelters for individuals with disabilities
(Section 204); directing the Secretary of Homeland Security,
acting through the Assistant Secretary for Training and
Exercises, to establish a graduate-level Homeland Security
Education Program in the National Capital Region (Section 205);
authorizing the establishment of a Directorate for Policy,
Planning, and International Affairs within the Department of
Homeland Security (Section 221); transferring the Noble
Training Center to the Center for Domestic Preparedness (CDP)
and authorizing the Director of the CDP to obtain the transfer
of the Army In-Processing Center and the Noncommissioned
Officer Housing Dormitories (Section 222); requiring the
Government Accountability Office (GAO) to conduct a review of
the training provided to border security personnel who
interdict, interview, and process asylum seekers at ports of
entry, including airports (Section 223); directing the
Secretary to inform both the House Committee on Homeland
Security and the Senate Committee on Homeland Security and
Governmental Affairs of current Departmental activities
(Section 231); directing the Chief Financial Officer to
establish an Authorization Liaison Officer within the
Department (Section 232); requiring a line item in the budget
for the Office of Counternarcotics Enforcement (Section 233);
and requiring the Inspector General to submit a report to the
Secretary of Homeland Security containing findings of any cost
overruns, significant delays in contract execution, lack of
rigorous departmental contract management, insufficient
departmental financial oversight, bundling that limits the
ability of small business to compete, or other high risk
business practices within the procurement of Department
contracts, after which the Secretary would then, not later than
30 days after the receipt of each required report, submit to
the appropriate congressional committees (as defined in section
102(g)) a report on the findings of the report by the Inspector
General and the steps the Secretary has taken, or plans to
take, to address the problems identified in the report (Section
234).
Title III, Procurement Reform, contains provisions:
requiring the Chief Procurement Officer to provide procurement
training to acquisition employees and establish a Council on
Procurement Training to advise the Chief Procurement Officer
regarding policy and curriculum recommendations (Section 301);
requiring contract bidders to submit information regarding the
contractor's past and current performance on Federal, State,
local, and tribal governments, and private sector contracts
(Section 302); requiring the Secretary of Homeland Security to
take steps to streamline and improve implementation of the
Support Anti-terrorism by Fostering Effective Technologies Act
of 2002 (SAFETY Act)(Title VIII, Subtitle G of Public Law 107-
296) including ensuring coordination of Department activities,
issuing a Departmental directive to implement the SAFETY Act
regulations, providing SAFETY Act training for all acquisition
employees, and reviewing ongoing and anticipated procurement to
determine which may involve technologies that would be
appropriate candidates for SAFETY Act protections; requiring
the Government Accountability Office to examine the contracting
procedures of the Department of Homeland Security, and submit a
report to Congress not later than six months after the date of
enactment of the Act (Section 304); requiring the Secretary of
Homeland Security to require any offeror for any Department of
Homeland Security contract to submit as part of the offeror's
bid an attestation that affirmatively discloses any substantial
role the offeror or the offeror's company or employees may have
played in creating a solicitation, request for proposal,
statement of work, or statement of objectives for the
Department, after which the Secretary would be required for any
offeror who submits an attestation disclosing that the offeror
played a substantial role in creating a solicitation, request
for proposal, statement of work, or statement of objectives for
the Department, to submit a description of the safeguards used
to ensure that precautions were in place to prevent the offeror
from receiving information through such a role that could be
used to provide the offeror an undue advantage in submitting an
offer for a contract (Section 305); requiring enhanced
certification requirements for offerors for Department of
Homeland Security contracts (Section 306); requiring the
Secretary to utilize small businesses when entering into
contracts following terrorist attacks or other natural
disasters (Section 307); and authorizing a total of
$108,685,000 for the Office of Inspector General for Fiscal
Year 2007 for increased oversight efforts (Section 309).
Title IV, Personnel Authorities, contains provisions:
encouraging the Department to reduce the overall costs of
hiring, training, and deploying new Border Patrol agents
(Section 401); expanding current authority held by the Federal
Law Enforcement Training Center (FLETC) to hire Federal
retirees for training purposes (Section 402); directing the
Secretary to coordinate the Department's canine training
programs, including the research and development of new
training methods, the optimum number and type of training aids,
and measurements for efficiency and effectiveness (Section
403); providing Customs and Border Protection with temporary
authority to rehire up to 500 annuitants to provide necessary
surge capacity until the Border Patrol has a sufficient number
of trained Border Patrol agents to maintain operational control
of the Nation's borders (Section 404); directing the Secretary
to establish a plan to increase the recruitment and retention
of Border Patrol agents (Section 405); encouraging the
Secretary, in coordination with the Director of the Office of
Personnel Management, to review the previous work and training
of these individuals in their former capacities with respect to
the recognition of their prior law enforcement duties (Section
406); requiring the Secretary to conduct a Department-wide
examination of the security clearance and suitability review
procedures for Department employees and contractors, as well as
individuals in State and local government agencies and private
sector entities with a need to receive classified information
(Section 411); and establishing a Chief Security Officer of the
Department who shall have responsibility for personnel
security, security awareness, and security training (Section
412).
Title V, Intelligence and Information Sharing, contains
provisions: establishing an Office of Intelligence and Analysis
and Under Secretary for Intelligence and Analysis (I&A), and
amending Homeland Security Act to elevate the Assistant
Secretary for Information Analysis to Under Secretary for
Intelligence and Analysis (I&A) to reflect current Departmental
structure (Section 501); assigning responsibility for
Intelligence Components to coordinate and support I&A, and
establishing training for Intelligence Components (Section
502); ensuring that the Homeland Security Advisory System
includes information on appropriate protective measures and
countermeasures and is limited, when appropriate, to specific
regions localities or sectors, and is not simply a color-coded
alert system (Section 503); directing the Department to
establish a Department-wide Information Sharing Environment
consistent with the direction and authority of the Director of
National Intelligence's Information Sharing Program Manager by
designating ``Information Sharing and Knowledge Management
Officers'' at each Intelligence Component to coordinate
information sharing efforts, establishing Department-wide
procedures and training for the review and analysis of homeland
security information and mechanisms to provide feedback to
State, Local, Tribal and private sector entities, and
establishing a comprehensive information technology
architecture for the Office of Intelligence and Analysis.
(Section 504); directing the Secretary to establish an
initiative to coordinate the Department's intelligence efforts
with State, local, Tribal and regional Fusion Centers that will
assist those Fusion Centers in carrying out their homeland
security duties and facilitate information sharing efforts
between Fusion Centers and the Department (Section 505);
directing the Under Secretary for I&A to establish a fellowship
program for State, local and Tribal officials to rotate into
I&A in order to facilitate State, local and Tribal
understanding of the Department's intelligence and information
sharing process, assist the Department's I&A's understanding of
the information needs of State, local and Tribal partners, and
assist in dissemination of homeland security information to
State, local and Tribal partners (Section 506); and directing
the Under Secretary to make full and efficient use of Open
Source Information (OSI) and use OSI to perform an analysis of
critical infrastructure information available in the public
domain, analyze the information from the perspective of
terrorists that may have access to that information, and share
that information with appropriate officials (Section 507).
Title VI, Prevention of Nuclear and Biological Terrorism,
contains provisions: establishing an Office of Domestic Nuclear
Detection to protect against the unauthorized importation,
possession, storage, transportation, development, or use of a
nuclear explosive device, fissile material, or radiological
material against the United States, and authorizing
$536,000,000 for that purpose for Fiscal Year 2007; authorizing
the position of Chief Medical Officer to have the primary
responsibility within the Department for medical issues related
to acts of terrorism, natural disasters, and other emergencies
(Section 602); authorizing the National Biosurveillance
Integration System (NBIS) to enhance the capability of the
Federal Government to rapidly identify, characterize, and
localize a biological event by integrating and analyzing data
from human health, animal, plant, food, and environmental
monitoring systems (both National and international) into a
single comprehensive system (Section 603); modifying the
Department's material threat assessment responsibilities under
Section 319F 2(c)(2)(A) of the Public Health Service Act (42
U.S.C. 247d 6b(c)(2)(A)), to provide for the use of existing
risk assessments to expedite the development of material threat
assessments, and conducting such assessments for groups of
agents to facilitate the development of broad countermeasures
that may address more than one agent (Section 604); requiring
the Secretary of Homeland Security, in consultation with the
Secretary of Defense and the Secretary for Health and Human
Services, to conduct a study to determine the staffing and
training requirements for pending capital programs to construct
biodefense laboratories (including agriculture and animal
laboratories) at Biosafety Level 3 and Biosafety Level 4, or to
expand current biodefense laboratories to such biosafety levels
(Section 605); and extending the termination date of the
Science and Technology Advisory Committee to 10 years after the
date it was established (Section 606).
Title VII, Infrastructure Protection and Cybersecurity,
contains provisions: amending the Homeland Security Act of 2002
to establish the Office of Infrastructure Protection and the
Office of Cybersecurity and Telecommunications (Section 701);
and authorizing the award of grants to institutions of higher
education to establish programs for cybersecurity professional
development and advanced degrees, and to provide equipment for
such training programs (Section 702).
Title VIII, Grants Administration, contains provisions:
defining eligible and prohibited uses for and the risk-based
allocation of first responder grant programs administered by
the Department to prevent, prepare for, respond to, mitigate
against, or recover from terrorist attacks (Section 801);
authorizing $2.9 billion for such grants for Fiscal Year 2007
(Section 802); and authorizing $60 million for the Metropolitan
Medical Response System to develop, maintain, and enhance
medical preparedness systems that are capable of responding
effectively during the initial hours of a public health crisis
or mass-casualty event caused by an act of terrorism, natural
disaster, or other emergency (Section 803).
Title IX, Transportation Security, contains provisions:
providing requirements for rail and mass transit agencies
security (Section 901); requiring rules promulgating those
requirements to be issued immediately (Section 902);
establishing a rail and mass transit security training program
(Section 903); requiring interagency cooperation between the
Department and the Department of Transportation (Section 904);
establishing a rail and public transportation security grant
program (Section 905); creating a rail and public
transportation security exercise program at the Department
(Section 906); authorizing appropriations for this Title,
including $400 million in transit security grants (Section
907); reauthorizing aviation security funding (Section 911);
expanding research and development of transportation security
technology (Section 912); providing enforcement authority in
non-aviation transportation sectors for the Transportation
Security Administration (Section 913); relieving liability for
security screening inspections (Section 914); providing for
temporary private screener assistance in times of heightened
alert (Section 915); requiring certain training to operate
certain aircraft (Section 916); requiring the Department to
provide an annual report on unclaimed money recovered at
checkpoints (Section 917); expanding passenger identification
documents (Section 921); establishing a program for
international passenger prescreening (Section 922); encouraging
international cooperative efforts (Section 923); providing
further details for the computer assisted passenger
prescreening system (Section 924); mandating certain
requirements for Federal flight deck officers (Section 925);
providing for enhanced perimeter security and access control
through screening of airport workers (Section 926);
establishing a minimum list of prohibited items which may not
be carried on aircraft (Section 927); establishing requirements
for secure areas of airports (Section 928); providing certain
deadlines for security requirements for foreign repair stations
(Section 929); repealing certain redundant reporting
requirements (Section 931); consolidating remaining annual
reports (Section 932); and amending aircraft charter customer
and lessee prescreening requirements (Section 933).
Title X, Miscellaneous Provisions, contains provisions:
providing the Department of Homeland Security with copyright
protections over its seal, name, initials, and the titles of
its officers (Section 1001); requiring the Secretary of
Homeland Security to include United States military surplus
vehicles that have demonstrated utility for responding to acts
of terrorism, emergencies, and other disasters on the
Standardized Equipment List in order to allow States and
localities to purchase, modify, upgrade, and maintain such
vehicles using homeland security assistance administered by the
Department (Section 1002); authorizing the Secretary to use and
make available to State and local agencies computerized
training aids, such as the Advanced Conflict and Tactical
Simulation, which is a Government-owned computer modeling
program, in order to improve the abilities of municipalities to
prepare for and respond to a chemical, biological, or other
terrorist attack (Section 1003); requiring the Secretary to
submit to Congress the final report on the nationwide emergency
notification system study that was prescribed in section 7403
of the Intelligence Reform and Terrorism Prevention Act of 2004
(Public Law 108-458) (Section 1004); requiring a report on the
feasibility of devising an exercise program to test and
evaluate the capabilities of Federal, State, local, and tribal
governments to detect and prevent fraud, waste, and abuse in
Federal assistance programs administered in response to acts of
terrorism, natural disasters, and other emergencies (Section
1005); and limiting the amount of compensation for detailees
(Section 1006).
Legislative History
Prior to introduction, on February 15, 2006, the Committee
on Homeland Security held a hearing entitled ``The President's
Fiscal Year 2007 Budget for the Department of Homeland
Security: Maintaining Vigilance and Improving Mission
Performance in Securing the Homeland.'' The Committee received
testimony from Hon. Michael Chertoff, Secretary, Department of
Homeland Security.
H.R. 5814 was introduced in the House on July 17, 2006, by
Mr. King of New York, Mr. Thompson of Mississippi, Mr. Rogers
of Alabama, and Mr. Meek of Florida and referred solely to the
Committee on Homeland Security.
The Committee on Homeland Security met on July 19, 2006, to
consider H.R. 5814, and ordered the measure reported to the
House, amended, by voice vote. The Committee on Homeland
Security reported H.R. 5814 to the House on November 9, 2006 as
H. Rept. 109-713, Pt. I.
H.R. 5814 was sequentially referred to the Committee on
Ways and Means, the Committee on Energy and Commerce for a
period ending not later than November 17, 2006. On November 17,
2006, the Committee on Ways and Means, and the Committee on
Energy and Commerce for a period ending not later than December
8, 2006.
As introduced, section 801 of H.R. 5814 contained
provisions of H.R. 1544. See discussion of on H.R. 1544 listed
above.
NATIONAL EMERGENCY MANAGEMENT REFORM AND ENHANCEMENT ACT OF 2006
H.R. 5351
To amend the Homeland Security Act of 2002 to establish a
Directorate of Emergency Management, to codify certain existing
functions of the Department of Homeland Security, and for other
purposes.
Summary
H.R. 5351, the ``National Emergency Management Reform and
Enhancement Act of 2006,'' addresses the fundamental problems
identified by recent catastrophic incidents and prepare the
Nation to respond effectively to, and recover quickly from,
acts of terrorism, natural disasters, and other emergencies.
Among other things, the bill establishes the Federal Emergency
Management Agency (FEMA) as a Directorate of Emergency
Management within the Department of Homeland Security
(Department); elevates the Director of FEMA to an Under
Secretary and requires that they posses a demonstrated ability
in, and knowledge of, emergency management; makes the Under
Secretary the President's principal advisor for emergency
management issues; gives the Under Secretary a direct reporting
relationship to the President during Incidents of National
Significance; and consolidates the Department's Preparedness
Directorate and FEMA to ensure that preparedness and response
activities are properly coordinated. Moreover, H.R. 5351 gives
FEMA the tools necessary to accomplish its mission; improves
communication and coordination at the Federal, State, local,
and tribal levels; accelerates the development of redundant,
survivable, and interoperable emergency communications
capabilities; strengthens disaster preparedness and response
capabilities nationwide; and takes steps to eliminate waste,
fraud, and abuse in the aftermath of major disasters. H.R. 5351
is a comprehensive bill that will empower the Department to
become what Congress and the Administration intended it to be a
strong, Federal coordinating agency capable of effectively
preventing, preparing for, mitigating against, responding to,
and recovering from acts of terrorism, natural disasters, and
other emergencies.
Legislative History
Prior to introduction, on May 9, 2006, the Committee on
Homeland Security held a hearing on proposed legislation to
strengthen FEMA and better integrate it into the Department of
Homeland Security. The Committee received testimony from Dr.
William O. Jenkins, Jr., Director, Homeland Security and
Justice, Government Accountability Office; Mr. Barry Kasinitz,
Director, Governmental/Legislative Affairs, International
Association of Fire Fighters; Mr. Steven V. Lenkart, Director
of Legislative Affairs, International Brotherhood of Police
Officers; and Mr. Eric Holdeman, Director, Office of Emergency
Management, King County, State of Washington.
H.R. 5351 was introduced on May 11, 2006, by Mr. Reichert,
Mr. Pascrell, Mr. McCaul of Texas, Mr. Etheridge, Mr. King of
New York, Mr. Thompson of Mississippi and nineteen original
cosponsors. H.R. 5351 was referred to the Committee on
Transportation and Infrastructure, and in addition to the
Committee on Homeland Security, and the Committee on Energy and
Commerce.
The Committee on Homeland Security considered H.R. 5351 on
May 17, 2006, and ordered the measure reported to the House,
amended, by voice vote. The Committee on Homeland Security
reported H.R. 5351 to the House on November 9, 2006 as H. Rept.
109-712, Pt. I.
Provisions relating to H.R. 5351 were offered as an
amendment in the Senate during consideration of H.R. 5441, and
maintained as Title VI during the House-Senate Conference
thereon. See action taken on H.R. 5441 (Public Law 109-295)
listed above.
RESOLUTION OF INQUIRY RELATING TO THE REAPPORTIONMENT OF AIRPORT
SCREENERS
H. Res. 463
Resolution of inquiry directing the Secretary of Homeland
Security to provide certain information to the House of
Representatives relating to the reapportionment of airport
screeners.
Summary
H. Res. 463 requires the Secretary of the Department of
Homeland Security to provide certain documentation related to
the reallocation of screeners at federalized airports. The
Transportation Security Administration utilizes a mathematical
model to determine screener allocation using factors such as
passenger traffic numbers, air carrier schedules for the
upcoming year, and passenger wait times.
Legislative History
H. Res. 463 was introduced in the House on September 27,
2005, by Mr. Blumenauer and 13 original cosponsors, and
referred solely to the Committee on Homeland Security.
On October 26, 2005, the Full Committee considered H. Res.
463 and ordered the resolution reported to the House,
adversely, by voice vote. The Committee reported H. Res. 463 to
the House on October 28, 2005, as H. Rpt. 109-259.
RESOLUTION OF INQUIRY RELATING TO SHIRLINGTON LIMOUSINE AND
TRANSPORTATION, INCORPORATED
H. Res. 809
Directing the Secretary of the Department of Homeland
Security to transmit to the House of Representatives not later
than 14 days after the date of the adoption of this resolution
documents in the Secretary's possession relating to any
existing or previous agreement between the Department of
Homeland Security and Shirlington Limousine and Transportation,
Incorporated, of Arlington, Virginia.
Summary
H. Res. 809 directs the Secretary of Homeland Security to
transmit to the House of Representatives documents relating to
any existing or previous agreement between the Department of
Homeland Security and Shirlington Limousine and Transportation,
Incorporated, of Arlington, Virginia, to provide transportation
services with the Department.
Legislative History
H. Res. 809 was introduced in the House on May 9, 2006, by
Ms. Slaughter. H. Res. 809 was referred to the Committee on
Homeland Security and retained at the Full Committee.
In light of the Subcommittee on Management, Integration,
and Oversight ongoing inquiry into the Shirlington Limousine
and Transportation, Inc. contracts with the Department of
Homeland Security, the Committee, on May 25, 2006, considered
H. Res. 463 and ordered the resolution reported to the House,
adversely, by voice vote. The Committee reported H. Res. 809 to
the House on May 25, 2006, as H. Rpt. 109-484.
SENSE OF THE HOUSE OF REPRESENTATIVES ON EMPLOYEES OF THE DEPARTMENT OF
HOMELAND SECURITY
H. Res. 398
Expressing the sense of the House of Representatives that
the employees of the Department of Homeland Security, their
partners at all levels of government, and the millions of law
enforcement agents and emergency response providers nationwide
should be commended for their dedicated service on the Nation's
front lines in the war against terrorism.
Summary
H. Res. 398 expresses the Nation's appreciation for the
sacrifices and commitment of law enforcement and emergency
response personnel in preventing, and preparing to respond to,
acts of terrorism, and supports the goals and ideals of
National Preparedness Month as they relate to the threat of
terrorism. This Resolution urges the Federal government,
states, localities, schools, nonprofit organizations,
businesses, other entities, and the people of the United States
to observe National Preparedness Month with appropriate events
and activities that promote citizen and community preparedness
to respond to terrorist attacks.
Legislative History
H. Res. 398 was introduced on July 28, 2005, by Mr. Cox and
Mr. Thompson, and referred solely to the Committee on Homeland
Security.
On July 28, 2005, the Full Committee considered H.Res. 398
and ordered the measure reported to the House, without
amendment, by voice vote. No further action was taken on this
matter.
DEPARTMENT OF HOMELAND SECURITY CYBERSECURITY ENHANCEMENT ACT OF 2005
H.R. 285
To amend the Homeland Security Act of 2002 to enhance
cybersecurity, and for other purposes.
Summary
H.R. 285 establishes within the Department of Homeland
Security (DHS) a National Cybersecurity Office, headed by an
Assistant Secretary for Cybersecurity, who would have primary
authority within the Department for both, all cybersecurity-
related critical infrastructure programs of DHS, as well as the
National Communications System. The bill enumerates the
responsibilities of the Assistant Secretary including
establishing and managing a national cybersecurity response
system; a National cybersecurity threat and vulnerability
reduction program; a national cybersecurity awareness and
training program; a Government cybersecurity program; and a
national security and international cybersecurity cooperation
program. The bill also requires the Assistant Secretary to
coordinate and share information with the private sector as
well as other Federal agencies regarding cybersecurity-related
programs, policies and operations.
Legislative History
H.R. 285 was introduced on January 6, 2005, by Mr.
Thornberry and Ms. Zoe Lofgren of California, and referred
solely to the Committee on Homeland Security. Within the
Committee, H.R. 285 was referred to the Subcommittee on
Economic Security, Infrastructure Protection, and
Cybersecurity, and the Subcommittee on Management, Integration,
and Oversight.
On April 20, 2005, the Subcommittee on Economic Security,
Infrastructure Protection, and Cybersecurity held a hearing on
H.R. 285. The Subcommittee received testimony from Mr. Amit
Yoran, President, Yoran Associates; Mr. Harris Miller,
President, Information Technology Association of America; Mr.
Paul Kurtz, Executive Director, Cyber Security Industry
Alliance; Ms. Catherine Allen, President and CEO, BITS,
Financial Services Roundtable; and Mr. Ken Silva, Chairman of
the Board of Directors, Internet Security Alliance.
On April 20, 2005, the Subcommittee on Economic Security,
Infrastructure Protection, and Cybersecurity considered H.R.
285 and ordered the measure favorably reported to the Full
Committee for consideration, without amendment, by voice vote.
On that same date, the Subcommittee on Management, Integration,
and Oversight discharged itself from further consideration of
H.R. 285. No further action occurred on H.R. 285.
FEDERAL EMPLOYEE PROTECTION OF DISCLOSURES ACT
H.R. 1317
To amend title 5, United States Code, to clarify which
disclosures of information are protected from prohibited
personnel practices; to require a statement in nondisclosure
policies, forms, and agreements to the effect that such
policies, forms, and agreements are consistent with certain
disclosure protections; and for other purposes.
Summary
H.R. 1317, the ``Federal Employee Protection Disclosures
Act,'' would expand Federal employee whistleblower protection
laws. The Committee on Homeland Security received a sequential
referral of jurisdiction over section 11, entitled Prohibited
Personnel Practices Affecting the Transportation Security
Administration, and section 12. Section 11 would add a new
section 2304 to title 5, United States Code, clarifying that
employees at the Transportation Security Administration,
including those carrying out screener functions, have the same
whistleblower protections as other Federal employees and such
provisions would take effect 30 days after date of enactment of
the Act.
The need for this legislative provision stems from section
111(d) of the Aviation and Transportation Security Act of 2001
(ATSA) (Public Law 107-71), which proscribed responsibility for
all terms and conditions of employment to the Under Secretary
for Transportation. This provision provided the newly-created
Transportation Security Administration the necessary
flexibility in all aspects of employee management.
Legislative History
H.R. 1317 was introduced on March 15, 2005, by Mr. Platts
and 17 original cosponsors, and referred solely to the
Committee on Government Reform.
On September 29, 2005, the Committee on Government Reform
met and ordered H.R. 1317 reported to the House, amended, by a
recorded vote of 34 yeas and 1 nay.
The Chairman of the Committee on Homeland Security sent a
letter to the Speaker of the House on June 29, 2006, requesting
a sequential referral of H.R. 1317. The letter further
indicated that the legislation contains whistleblower
provisions applicable to employees of the Department of
Homeland Security, and thus within the jurisdiction of the
Committee on Homeland Security.
On June 29, 2006, the Committee on Government Reform
reported H.R. 1317 to the House as H. Rpt. 109-544, Pt. 1. The
measure was then sequentially referred to the Committee on
Armed Services and the Committee on Homeland Security for a
period ending not later than September 11, 2006. On September
11, 2006, the Committee on Armed Services and the Committee on
Homeland Security received an extension for further
consideration for a period ending not later than September 29,
2006. On September 29, 2006, the Committee on Armed Services
and the Committee on Homeland Security received an extension
for further consideration for a period ending not later than
November 17, 2006. On November 17, 2006, the Committee on
Homeland Security was discharged from further consideration;
and the Committee on Armed Services' referral was extended for
a period ending December 8, 2006.
MARITIME TERMINAL SECURITY ENHANCEMENT ACT OF 2006
H.R. 4880
To direct the Commandant of the Coast Guard to require that
a security plan for a maritime facility be resubmitted for
approval upon transfer of ownership or operation of such
facility, and for other purposes.
Summary
H.R. 4880 requires security plans at port facilities be
updated and resubmitted to the United States Coast Guard after
any transfer of ownership or operation of a terminal and
requires that all facility security officers be citizens of the
United States. Additional provisions set deadlines for the
implementation of security card programs at ports, set a
deadline for the development of a long range vessel tracking
program, and mandate 100 percent inspection of cargo bound for
the U.S. at foreign seaports.
Legislative History
H.R. 4880 was introduced by Mr. LoBiondo and twenty-three
original cosponsors on March 6, 2006, and referred to the
Committee on Transportation and Infrastructure, and the
Committee on Homeland Security. Within the Committee on
Homeland Security the measure was referred on the Subcommittee
on Economic Security, Infrastructure Protection, and
Cybersecurity.
The Chairman of the Committee on Homeland Security sent a
letter to the Speaker of the House on September 20, 2006,
agreeing to discharge the Committee on Homeland Security from
further consideration of H.R. 4880.
The Committee on Transportation and Infrastructure reported
H.R. 4880 to the House on September 29, 2006, as H. Rpt. 109-
709, Pt. 1. On that date, the referral of the measure to the
Committee on Homeland Security was extended for a period ending
not later than November 17, 2006. On November 17, 2006,
referral of the measure to the Committee on Homeland Security
was extended for a period ending not later than December 8,
2006.
SAFE TRUCKERS ACT OF 2006
H.R. 5604
To require motor vehicle operators transporting security
sensitive material in commerce to obtain a permit from the
Secretary of Homeland Security, and for other purposes.
Summary
Section 1012 of the ``Uniting and Strengthening America by
Providing Appropriate Tools Required to Intercept and Obstruct
Terrorism'' (USA PATRIOT) (P.L.107-56) prohibits States from
issuing a commercial drivers license (CDL) to an individual to
operate a motor vehicle (truck) to transport hazardous
materials (HAZMAT) for commercial purposes unless the Secretary
of Transportation has determined that the individual does not
pose a security risk. This responsibility was delegated to the
Transportation Security Administration (TSA), which became a
part of the Department of Homeland Security in 2003. In May
2005, TSA began implementing this requirement for all hazardous
materials endorsement (HME) drivers. Under the provisions of
the USA PATRIOT Act, the TSA was required to conduct background
checks on all 2.7 million HME drivers, although a majority of
HAZMAT is not a security threat.
H.R. 5604, the ``SAFE Truckers Act,'' requires the TSA to
distinguish certain materials as security sensitive, and
requires individuals transporting those materials to undergo
the extensive fingerprint-based criminal history background
check. H.R. 5604 includes amendments to section 1012 of the USA
PATRIOT Act, the existing statute. The changes require a name-
based check for drivers obtaining a HME, but not a criminal
records check thereby reducing the number of drivers who must
undergo the fingerprint-based check without reducing security.
H.R. 5604 also included provisions to reduce the cost for
drivers who hold other similar cards, such as the
Transportation Worker Identification Credential (TWIC), and
would require a study of ways to reduce redundancies between
these programs.
Legislative History
Prior to introduction, on November 1, 2005, the
Subcommittee on Economic Security, Infrastructure Protection,
and Cybersecurity held a hearing entitled ``Reforming HAZMAT
Trucking Security.'' The Subcommittee received testimony from
Mr. Stephen Russell, Chairman and CEO Celadon Group Inc.,
testifying on behalf of the American Trucking Association; Mr.
Michael Laizure, Owner-Operator, Time Critical Ordnance
Transport, testifying on behalf of The Owner-Operator
Independent Drivers Association; Mr. Gary Brown, General
Counsel, Pyro Spectaculars, testifying on behalf of the
American Pyrotechnics Association, et al; Ms. Linda Lewis-
Pickett, President and CEO, American Association of Motor
Vehicle Administrators; Mr. Scott Madar, Assistant Director,
Safety and Health Department, International Brotherhood of
Teamsters; Mr. Justin Oberman, Assistant Director,
Transportation Threat Assessment & Credentialing,
Transportation Security Administration, Department of Homeland
Security; and Mr. Robert McGuire, Associate Administrator,
Pipeline & Hazardous Materials Safety Administration,
Department of Transportation.
H.R. 5604 was introduced by Mr. Daniel E. Lungren of
California, Ms. Loretta Sanchez of California, and seven
original cosponsors on June 14, 2006, and referred solely to
the Committee on Homeland Security. Within the Committee, the
measure was referred to the Subcommittee on Economic Security,
Infrastructure Protection, and Cybersecurity.
The Subcommittee on Economic Security, Infrastructure
Protection, and Cybersecurity held a hearing on June 16, 2006.
The Subcommittee received testimony from Hon. Kip Hawley,
Administrator, Transportation Security Administration,
Department of Homeland Security; Mr. David S. McClimon,
President, Con-Way, Inc., on behalf of the American Trucking
Association; and Mr. Todd Spencer, Executive Vice President,
Owner-Operator Independent Drivers Association.
The Subcommittee on Economic Security, Infrastructure
Protection, and Cybersecurity met on June 22, 2006, to consider
H.R. 5604 and forwarded the measure to the Full Committee,
amended, by voice vote.
SECURE HANDLING OF AMMONIUM NITRATE ACT OF 2005
H.R. 3197
To authorize the Secretary of Homeland Security to regulate
the production, storage, sale, and distribution of ammonium
nitrate on account of the prior use of ammonium nitrate to
create explosives used in acts of terrorism and to prevent
terrorists from acquiring ammonium nitrate to create
explosives.
Summary
H.R. 3197 requires ammonium nitrate ``handlers,'' i.e. any
person that produces or sells ammonium nitrate, to register
with the Department of Homeland Security and report the amount
of ammonium nitrate sold or produced at each of the handler's
respective facilities. H.R. 3197 also requires ammonium nitrate
handlers to maintain records of each sale or transfer of
ownership of ammonium nitrate for a three year period from the
date of sale or transfer. Another provision requires handlers
to verify the identity of ammonium nitrate purchasers through
an identification procedure determined appropriate by the
Secretary of the Department of Homeland Security. H.R. 3197 was
intended to aid law enforcement counterterrorism efforts by
creating a paper trail for crimes involving purchases of
ammonium nitrate and will also support honest retailers in
their efforts to prevent terrorism.
Legislative History
H.R. 3197 was introduced by Mr. Weldon and five original
co-sponsors on June 30, 2005, and referred solely to the
Committee on Homeland Security. Within the Committee, H.R. 3197
was referred to the Subcommittee on Prevention of Nuclear and
Biological Attack.
On December 14, 2005, the Subcommittee on Prevention of
Nuclear and Biological Attack held a hearing on H.R. 3197. The
Subcommittee received testimony from Dr. Jimmie C. Oxley,
Professor of Chemistry, University of Rhode Island; Mr. James
W. McMahon, Director, New York State Office of Homeland
Security; Mr. Gary W. Black, President, Georgia Agribusiness
Council, Inc.; Mr. William Paul O'Neill, Jr., President,
International Raw Materials, testifying on behalf of
Agricultural Retailers Association; Mr. Carl Wallace, Plant
Manager, Terra Mississippi Nitrogen, Inc., testifying on behalf
of The Fertilizer Institute.
On December 14, 2005, the Subcommittee on Prevention of
Nuclear and Biological Attack considered H.R. 3197 and
favorably forwarded the bill to the Full Committee for
consideration, amended, by a recorded vote of 9 yeas and 0
nays.
On June 14, 2006, the Committee on Homeland Security met to
consider H.R. 3197, and ordered the measure reported to the
House, amended, by voice vote.
RECREATIONAL BOATERS STREAMLINED INSPECTION ACT
H.R. 1509
To create an inspection program that uses videophone
systems at certain points of entry in Florida to satisfy
customs and immigration reporting requirements.
Summary
H.R. 1509, the ``Recreational Boaters Streamlined
Inspection Act,'' requires the Secretary of Homeland Security
to establish an inspection program that uses a videophone
system at specified points of entry in Florida whereby
recreational vessels may report to an appropriate official of
the Department of Homeland Security (DHS) for purposes of
compliance with customs laws and for lawful entry into the
United States under immigration laws.
Legislative History
H.R. 1509 was introduced in the House on April 6, 2005, by
Mr. Foley and Mr. Shaw, and referred solely to the Committee on
Homeland Security. Within the Committee on Homeland Security,
H.R. 1059 was referred to the Subcommittee on Economic
Security, Infrastructure Protection, and Cybersecurity.
On May 19, 2005, the Subcommittee on Economic Security,
Infrastructure Protection, and Cybersecurity held a hearing on
H.R. 1509, the Recreational Boaters Streamlined Inspection Act.
The Subcommittee received testimony from Hon. Mark Foley, a
Representative in Congress from the State of Florida; Mr. Jim
Ellis, President, Boat Owners Association of The United States
BOAT/U.S.; and Mr. Robert Jacksta, Executive Director, Border
Security and Facilitation, Office of Field Operations, Customs
and Border Protection, Department of Homeland Security.
Oversight Activities of the Committee
PORT AND WATERWAY SECURITY
On Tuesday, March 22, 2005, the Committee on Homeland
Security held a field hearing in Vicksburg, Mississippi,
entitled ``Protecting Our Commerce: Port and Waterways
Security.'' The Committee received testimony from Rear Admiral
Robert Duncan, Commander Eighth Coast Guard District, United
States Coast Guard; Mr. Jimmy Heidel, Executive Director,
Warren County Port Commission and Vice-President of the
Vicksburg-Warren County Chamber of Commerce; Ms. Cynthia Swain,
Director of Safety and Security, Port of New Orleans; Dr.
Deirdre McGowan, Executive Director, Inland Rivers, Ports and
Terminals Association.
The Committee assessed the progress made in port and inland
waterway security since September 11, 2001 and the impact of
the Department of Homeland Security port and maritime security
programs at the local level. The Committee examined the
greatest threats to the maritime environment and what steps the
Department and local officials have taken to protect against
those threats. Members gained a better understanding of what
the U.S. Coast Guard has done to improve security at the
Nation's seaports and major inland waterways.
DEPARTMENT OF HOMELAND SECURITY MANAGEMENT
In his speech on March 16, 2005, the Secretary of Homeland
Security, announced the initiation of a Second-Stage Review.
This review forms part of the Department's continuing efforts
to achieve a successful management structure and to integrate
the varied management processes, systems, employees, and
programs. The Secretary also called for a shift in emphasis to
a risk-based approach in both homeland security operations and
philosophy.
Risk-Based Prioritization and Management
On April 13, 2005, the Committee on Homeland Security held
a hearing entitled ``The Department of Homeland Security:
Promoting Risk-Based Prioritization and Management.'' The sole
witness was Hon. Michael Chertoff, Secretary, Department of
Homeland Security. The purpose of this hearing was to explore
how the Department would be re-examining its overall mission
and the work of its organizational elements through the lens of
threat, vulnerability, and consequence, in order to implement
risk-based management of limited resources. During this
hearing, the Secretary discussed with Members the ongoing
review of the Department's operations and his plans to
establish risk-based priorities to drive program development
and budgets.
Second Stage Review
On July 14 and 25, 2005, the Committee held a hearing
entitled ``The Secretary's Second-Stage Review: Re-thinking the
Department of Homeland Security's Organization and Policy
Direction.'' The Committee received testimony from Hon. Michael
Chertoff, Secretary, Department of Homeland Security. This
hearing examined the organizational and policy changes proposed
by Department of Homeland Security (DHS) Secretary Michael
Chertoff. These proposals are the result of a Second-Stage
Review of the Department's structure, policies, and programs.
Department of Homeland Security Budget
On February 16, 2006, the Committee on Homeland Security
held a hearing entitled ``The President's Proposed Fiscal Year
2007 Budget for the Department of Homeland Security:
Maintaining Vigilance and Improving Mission Performance in
Securing the Homeland.'' The sole witness was Hon. Michael
Chertoff, Secretary, Department of Homeland Security. This
hearing examined the homeland security aspects of the proposed
Fiscal Year 2007 budget for the Department. This hearing
allowed Members to explore the strategic goals, performance
objectives, and overall priorities of DHS, as reflected in the
proposed budget for Fiscal Year 2007, as well as the
Secretary's plans for resolving lingering issues that continued
to affect the operations of the Department. The findings of
this hearing were used to develop authorized funding levels for
legislation introduced by the Committee on Homeland Security,
including H.R. 4954, the ``Security and Accountability For
Every Port Act''; H.R. 5351, the ``National Emergency
Management Reform and Enhancement Act of 2006''; H.R. 5814, the
``Department of Homeland Security Authorization Act for Fiscal
Year 2007''; and H.R. 5695, the ``Chemical Facility Anti-
Terrorism Act of 2006.''
Merger of Customs and Border Protection and Immigration and Customs
Enforcement
On November 28, 2006, the Committee on Homeland Security
Chairman and Ranking Member, along with the Subcommittee on
Management, Integration, and Oversight Chairman and Ranking
Member, sent a letter to the Secretary of Homeland Security
requesting a response to lingering questions regarding the
Department's decision to maintain the separate organizational
structure of Customs and Border Protection (CBP) and
Immigration and Customs Enforcement (ICE). The letter also
inquired how the Secretary's Second Stage Review (2SR) reforms
would address the problems of coordination and information
sharing between the agencies. The Secretary of Homeland
Security responded to the Committee on February 22, 2006, and
reiterated the Department's position that the merger of CBP and
ICE ``would be a significant and costly setback'' resulting in
``confusion and disruption'' that would seriously divert
attention from critical homeland and border security missions.
The Secretary also outlined the following changes that he
had or intended to make in lieu of the merger of the two
agencies: (1) creation of a Department-wide Office of Policy,
an Office of Operations Coordination, and a more robust Office
of Intelligence and Analysis to be managed by a new Chief
Intelligence Officer; (2) implementation of the Secure Border
Initiative as a collective effort to improve Department-wide
coordination in the apprehension, detention, and removal of
illegal aliens; (3) placement of the SBI Program office in the
DHS Office of Policy; (4) directing CBP and ICE to report to
the Secretary of DHS, which includes weekly meetings between
the Secretary and CBP and ICE leadership for updates of the
effectiveness of SBI and the use of expedited removal; (5)
creation of an ICE/CBP Coordination Council, which involves
high level managers from each agency who meet regularly to
resolve coordination issues and ensure effective implementation
of Memoranda of Understanding and other interagency agreements;
(6) establishment of mechanisms to ensure the Under Secretary
of Management and the Chief Financial Office collaborate with
CBP and ICE on budget and strategic planning issues; and (7)
establishment of Border Enforcement and Security Task Forces
composed of integrated teams of Federal, State, and local
representatives to address cross-border criminal activity.
Department of Homeland Security Major Initiatives
On September 26, 2006, the Committee on Homeland Security
held a hearing entitled ``The Department of Homeland Security:
Major Initiatives for 2007 and Beyond.'' The sole witness for
this hearing was Hon. Michael Chertoff, Secretary, Department
of Homeland Security. The purpose of this hearing was to inform
Members of the priorities for the Department of Homeland
Security for the coming year and into the future. The hearing
provided Members the opportunity to discuss the Department's
priorities, accomplishments, and failures with the Secretary,
and examine the agenda for the future.
EMERGENCY PREPAREDNESS AND RESPONSE
First Responder Grant Reform
Reforming the Department of Homeland Security's first
responder grant programs for State and local governments was
one of the Committee's paramount concerns during the 109th
Congress. The Committee was particularly concerned about the
Department's myriad problems in distributing Federal homeland
security assistance to enhance our Nation's capabilities to
prevent, prepare for, respond to, and recover from acts of
terrorism, especially those involving weapons of mass
destruction. Several widely-reported problems with the
Department's grant programs include: the Department's reliance
on arbitrary formulas--rather than risk--to allocate the vast
majority of its terrorism preparedness grant funds to State and
local governments; the lack of Federal terrorism preparedness
standards or goals to guide the expenditure of grant funds; the
slow rate of draw-down (i.e., spending) by State and local
recipients of terrorism preparedness grants; and the failure by
many States and territories to allocate funds to localities
within their jurisdictions on the basis of risk and need.
On April 14, 2005, the Committee on Homeland Security held
a hearing entitled ``Grant Reform: The Faster and Smarter
Funding for First Responders Act of 2005.'' The Committee
received testimony from Hon. Lee. H. Hamilton, Vice Chair,
National Commission on Terrorist Attacks Upon the United
States; Ms. Mary Fetchet, Founding Director, Voices of
September 11th; Inspector Louis P. Cannon, on behalf of the
National Fraternal Order of Police; Chief Gregg Lord, Director,
National Association of Emergency Medial Technicians, Division
Chief--EMS, Cherokee County Fire-Emergency Services; and Mr.
Kevin B. O'Connor, Associate to the General President,
International Association of Fire Fighters. This hearing
evaluated how H.R. 1544, the ``Faster and Smarter Funding for
First Responders Act,'' would help remedy problems with the
grant process.
The Committee's oversight in this area resulted in the
development of H.R. 1544. This legislation passed the House of
Representatives twice--as a stand alone measure in May 2005--
and as an amendment to H.R. 3199, the ``USA PATRIOT Improvement
and Reauthorization Act'' in July 2005 and has spurred the
Department to make significant changes in how it administers
these grant programs and awards funding to State and local
governments.
Disaster Response
In the morning hours of August 29, 2005, Hurricane Katrina
made landfall along the coasts of Louisiana, Mississippi, and
Alabama. In the days and weeks that followed, the Nation
watched as it became apparent that all levels of Government
were unprepared and unable to adequately respond to the
devastation caused by the storm.
Hurricane Katrina and, subsequently, Hurricane Rita, which
hit Texas and Louisiana, exposed a lack of preparedness--at all
levels of Government--to respond to a true catastrophe, whether
natural or man-made. Furthermore, these two hurricanes exposed
weaknesses in financial management controls that resulted in
the payment of more than $1 billion dollars of fraudulent
applications for Federal assistance. As a result of Hurricanes
Katrina and Rita, the Committee examined how our Nation could
avoid such disasters in the future.
On September 14, 2005, senior officials from the American
Red Cross (ARC) briefed Committee Members recounting their
observations on the coordination between Federal, State, and
local governments and non-governmental and voluntary
organizations during the response to Hurricane Katrina. As a
central player in the response to Hurricane Katrina and as a
signatory to the National Response Plan, the ARC observed the
Federal, State, and local Government response. The briefing
addressed issues including: the implementation of the National
Response Plan; the typical role of non-governmental and
volunteer organizations in preparing for, responding to, and
recovering from catastrophic emergencies in general and the
ARC's role under the National Response Plan in particular; the
effectiveness of the Federal government's response to Hurricane
Katrina in comparison to the Federal government's response in
prior emergencies; the effectiveness of the State and local
government's response in comparison to other States and local
Governments in prior emergencies; and the challenges of
responding to a catastrophic natural disaster.
Members of the Committee on Homeland Security received a
briefing on September 22, 2005, by the American Red Cross and
disaster response. The purpose of this briefing was to discuss
the American Red Cross' efforts in the wake of Hurricane
Katrina and personal observations of the response by Federal,
State, and local governments. The Committee learned about the
frustration with the pace of the response and the coordination
among Federal, State and local governments and non-governmental
and voluntary organizations, such as the American Red Cross and
the Salvation Army.
On September 27, 2005, Members of the Committee on Homeland
Security received a joint briefing with the Members of the
Committee on Transportation and Infrastructure on the U.S.
Coast Guard's disaster response capabilities in light of
actions taken during Hurricane Katrina. The Committee examined
the successes and failures encountered during the course of the
recovery efforts.
The Committee on Homeland Security held a hearing on
October 19, 2005, entitled ``Federalism and Disaster Response:
Examining the Roles and Responsibilities of Local, State, and
Federal Agencies.'' The Committee received testimony from Hon.
Jeb Bush, Governor, State of Florida; Hon. Rick Perry,
Governor, State of Texas; Hon. Janet Napolitano, Governor,
State of Arizona; Hon. David G. Wallace, Mayor, City of Sugar
Land, Texas, testifying on behalf of The United States
Conference of Mayors; and Hon. Audwin M. Samuel, Mayor Pro Tem,
City of Beaumont, Texas, testifying on behalf of The National
League of Cities. This hearing addressed a number of issues
critical to the intergovernmental challenges posed by
catastrophic events including: the historic roles and
responsibilities of local, State, and Federal entities with
respect to preparing for and responding to acts of terrorism
and other major disasters; whether these historic roles should
be re-examined post-Hurricane Katrina, particularly with
respect to catastrophic events; whether the National Response
Plan adequately enhances intergovernmental coordination; and
what additional partnerships, if any, municipal, State, and
Federal agencies need to create to more effectively coordinate
their missions and enhance existing operational capabilities.
On October 25, 2005, the Department of Homeland Security
responded to a request informing the Committee of compliance
with Section 307 of the Stafford Act and an updated inventory
of contractors and subcontractors involved in the relief effort
related to Hurricane Katrina.
The Committee's oversight in the area resulted in the
introduction of H.R. 5351, legislation reforming the Federal
Emergency Management Agency. See discussion on H.R. 5351 listed
above.
Federal Emergency Management Agency Reform
Given the catastrophic nature of the destruction wrought by
Hurricanes Katrina and Rita and the persistent chorus of
criticism directed at the Federal Emergency Management Agency
(FEMA) with respect to its response, many in Congress and the
public clamored for legislative reform. Many FEMA critics
advocated the removal of FEMA from the Department of Homeland
Security (Department) and its re-establishment as an
independent agency. Concern was raised that the Department's
primary focus on terrorism preparedness undermined FEMA's
ability to respond to natural disasters and other emergencies,
and that FEMA's placement within the Department reduced its
nimbleness and effectiveness.
On May 9, 2006, the Committee on Homeland Security held a
hearing on proposed legislation to strengthen FEMA and better
integrate it into the Department of Homeland Security, and for
other purposes. The Committee received testimony from Dr.
William O. Jenkins, Jr., Director, Homeland Security and
Justice, Government Accountability Office; Mr. Barry Kasinitz,
Director, Governmental/Legislative Affairs, International
Association of Fire Fighters; Mr. Steven V. Lenkart, Director
of Legislative Affairs, International Brotherhood of Police
Officers; and Mr. Eric Holdeman, Director, Office of Emergency
Management, King County, State of Washington. This hearing
provided Members with an opportunity to hear from
representatives of the fire service, law enforcement, and
emergency management communities on how the Department should
enhance its preparedness and response to acts of terrorism,
natural disasters, and other emergencies. In particular, the
witnesses offered the Committee their views on H.R. 5351, the
``National Emergency Management Reform and Enhancement Act of
2006.''
The Committee's efforts on FEMA reform led to the
development of H.R. 5351, the ``National Emergency Management
Reform and Enhancement Act,'' which was one of three bills that
formed the basis for Title VI of H.R. 5441, the ``FY 2007,
Department of Homeland Security Appropriations Act.''
Terrorism Preparedness Grants
In May 2006, the Department of Homeland Security
(Department) announced the recipients of $1.7 billion in Fiscal
Year (FY) 2006 funding under the State Homeland Security Grant
Program (SHSGP), the Urban Area Security Initiative (UASI), and
the Law Enforcement Terrorism Prevention Program (LETPP). As a
result of a new allocation process, the Department
significantly reduced funding to New York City and the National
Capital Region--the targets of the September 11, 2001 attacks--
by 40 percent from FY 2005 levels.
On June 21, 2006, the Committee on Homeland Security held a
hearing entitled ``DHS Terrorism Preparedness Grants: Risk-
Based or Guess-Work?'' The Committee received testimony from
Hon. Michael Bloomberg, Mayor, City of New York, New York;
Police Commissioner Raymond W. Kelly, City of New York; Hon.
Anthony Williams, Mayor, City of Washington, District of
Columbia; Mr. Edward D. Reiskin, Deputy Mayor, Public Safety
and Justice, City of Washington, District of Columbia; Chief
Charles H. Ramsey, Chief of Police, Metropolitan Police
Department, District of Columbia; and Hon. George Foresman,
Under Secretary for Preparedness, Department of Homeland
Security. This hearing examined the basis for the Department's
reductions in funding, and its potential effect on New York
City, the NCR, and our Nation. Specifically, the Committee
analyzed the Department's revisions to its risk analysis
process, the peer review process used to evaluate each grant
application, and whether, and to what extent, the Department's
new allocation method allocated grant funding to those
jurisdictions most at-risk from acts of terrorism.
TRANSPORTATION SECURITY
Secure Flight Program
The Transportation Security Administration (TSA) developed
the Secure Flight program to communicate with airlines to
obtain a limited amount of passenger information when
reservations are made for flights. TSA then checks the
passenger information against the terrorist watchlist
maintained at the Terrorist Screening Center (TSC).
On May 20, 2005, the Chairman and the Ranking Member of the
Committee on Homeland Security, the Chairman and Ranking Member
of the Committee on Transportation and Infrastructure, and the
Chairman of the Committee on Government Reform sent a letter to
the Government Accountability Office (GAO) requesting a follow-
up report to GAO 05-356: Aviation Security: Secure Flight
Development and Testing Under Way, but Risks Should Be Managed
as System Is Further Developed. The Chairman of the Committee
received a response from GAO on June 2, 2005 indicating that
GAO would comply with the request. GAO submitted a report GAO-
06-864T ``Management Challenges Remain for the Transportation
Security Administration's Secure Flight Program'' on June 14,
2006.
Transportation Worker Identification Credential
On May 24, 2006, the Chairman of the Committee on Homeland
Security sent a letter to the Secretary of Homeland Security
requesting an explanation for the exclusion of commercial truck
drivers in the interim background check under the
Transportation Worker Identification Credential (TWIC). The
Committee received a response on July 14, 2006, in which the
Secretary explained that the background check would be
introduced in phases, and that the inclusion of truck drivers
at this stage would be both expensive and time consuming. The
Secretary further explained that most truck drivers who hold a
hazardous materials endorsement already undergo a random name-
based check.
Concerns over this response and the desire to screen all
necessary truck drivers led to the inclusion of section 125 of
the SAFE Ports Act (P.L. 109-347), which requires the Secretary
to begin screening truck drivers who are not covered under the
hazardous materials endorsement program within ninety days. For
further discussion of the SAFE Ports Act, see discussion of
H.R. 4954 listed above.
Passenger and Baggage Screening
Committee Staff visited Washington Dulles International
Airport on March 30, 2005, and examined TSA's passenger and
baggage screening operations. Additionally, Staff were briefed
by the TSA and Customs and Border Protection on November 22,
2005, on international passenger and baggage screening. The
Committee focused on the adequacy of screening technology for
both passengers and baggage; the adequacy of screeners to meet
screening demands during peak travel periods; and the impact of
stand alone screening technology within the airport on
passenger wait times. TSA subsequently announced a revised
guideline for screener allocation to address screener to
passenger imbalance concerns, as well as a screening technology
deployment strategy to the Committee.
Air Cargo Security
Committee Staff were briefed by the Transportation Security
Administration (TSA) on October 10, 2005 and on May 12, 2006
regarding TSA's progress in effecting measures to meet the
requirements of the Aviation and Transportation Security Act of
2001 for securing air cargo security. The staff focused on
proposals to establish a system for designating high risk cargo
for enhanced security screening; recommendations for enhancing
the effectiveness of the Known Shipper Program, including
threat assessment requirements for employees of freight
handlers; and measures to improve access control in cargo
handling areas. In the course of its work, Committee Staff made
several visits to Dulles International Airport to view cargo
screening operations; met with air cargo private sector
representatives; and reviewed the findings of the Government
Accountability Office Staff regarding vulnerabilities in
existing security mechanisms in air cargo transportation.
Man Portable Air Defense Systems
The Department of Homeland Security's Science and
Technology Counter-MANPADS Special Program Office became
operational in October 2003. Committee continued in the 109th
Congress to review and examine the establishment of this office
and the use of counter-MANPADS in the protection of aircraft.
Committee Staff were briefed by the Science and Technology
Directorate on the Counter-MANPADS program on January 7, 2005.
The Committee examine concerns about the narrow focus of the
Department's program; the excessive costs associated with the
on-board solutions then under development; as well as lack of
stakeholder support for the solutions being supported by DHS.
The Department subsequently expanded the program to examine and
support ground-based counter-MANPADS solutions.
CRITICAL INFRASTRUCTURE PROTECTION
Cybersecurity
On May 23, 2005, the Chairman and Ranking Member of the
Committee on Homeland Security requested to be added as co-
requesters to a study by the Government Accountability Office
on Department of Homeland Security responsibilities for
cybersecurity in support of critical infrastructure. On June 3,
2005, GAO agreed to study this issue and report back. On July
19, 2005 GAO provided the Committee with transcript of its
testimony (GAO-05-827T) which responded to the original request
by delineating the roles and responsibilities of the Department
regarding cybersecurity related to critical infrastructure
protection, the status of the department's efforts to fulfill
these responsibilities, the challenges the Department faces
with these responsibilities and the recommendations of GAO as
to how to improve the cybersecurity of our nation's critical
infrastructure.
Energy Transportation Security
On April 5, 2005, the Government Accountability Office
committee to study the vulnerabilities of maritime energy
transportation infrastructure to terrorist attack after the
Committee requested a study in January 31, 2005. The
transportation of liquified natural gas (LNG) presents a
possible risk to the United States due to the large quantities
in which it is shipped and the high volatility and flammable
nature. Although some studies have been completed by the
National Laboratories, there is no consensus at this time about
the vulnerabilities LNG tankers pose as a terrorist threat.
The Government Accountability Office recommitted to study
the efforts to secure maritime energy transportation vessels
and infrastructure on February 22, 2006 The Committee was
subsequently informed that the report would not be completed
until 2007.
National Infrastructure Protection Plan
On February 17, 2006, the Department of Homeland Security
responded to a letter from the Chairman of the Committee on
Homeland Security letter requesting information regarding the
National Infrastructure Protection Plan (NIPP). The NIPP,
required under Homeland Security Presidential Directive 7
(HSPD-7, Critical Infrastructure Identification,
Prioritization, and Protection, December 17, 2003), called for
a comprehensive plan to secure the Nation's infrastructure
critical to daily operations. HSPD-7 identified seventeen
sectors of critical infrastructure (such as transportation,
nuclear, energy, chemical and water) and requires a sector-
specific plan to secure each sector. A draft of the NIPP base-
plan was released in November 2005. The letter to the
Department requested further information about when the final
NIPP base-plan would be released. The Committee received a
final copy of the NIPP in June 2006, and examined the
implications as it related to security and its impact upon
States, businesses and the general public.
National Asset Database
The National Asset Database (NADB) is not simply a list of
our Nation's ``most critical'' assets and resources. The
determination of risk is dynamic, and thus what is considered a
critical risk one day, may not be the next. Accordingly, an
all-encompassing, continually evolving and updated inventory is
required. The NADB is an issue that the Committee has followed
closely since its inception. The Office of Infrastructure
Protection briefed the Committee in December 2005 and again in
July 2006 after the release of the Department of Homeland
Security Inspector General's Report on the NABD.
On July 20, 2006, the Committee received a classified
briefing by the Assistant Secretary, Office of Infrastructure
Protection, Department of Homeland Security on an update of the
NADB asset list. The briefing enhanced the understanding of
Committee Member on the NADB and the most critical asset list.
INTELLIGENCE AND INFORMATION SHARING
Classified Member Intelligence Briefings
During the 109th Congress, the Chairman, Ranking Member,
and select Committee Staff received regular classified
briefings on relevant homeland-related plots from the
Intelligence Community (IC). These bi-weekly briefings were
coordinated through the Director of National Intelligence and
included representatives from the National Counter Terrorism
Center (NCTC), the Department of Homeland Security's Office of
Intelligence Analysis, the Federal Bureau of Investigation
(FBI), and other members of the IC as appropriate. These
briefings were critical to providing the Committee leadership
with near real-time information on current plots against the
United States and guiding certain oversight efforts.
2005 New York Subway Terror Threat Warnings
In late September 2005, the Department of Homeland Security
(DHS) and the Federal Bureau of Investigation (FBI) received
information regarding a potential threat to the New York City
subway system. According to news reports, a team of terrorists
would be attempting to execute an attack on the New York City
Subway on or about October 9, 2005, using explosives concealed
in bags or baby strollers.
On October 18, 2005, the Committee on Homeland Security
conducted a Member briefing at which senior representatives of
the New York Metropolitan Police briefed Members on the recent
subway terror threat warnings and related actions. Members of
the Committee continued to examine the Department's
capabilities to report and disseminate timely threat
information to State and local authorities. The Committee,
through the introduction of H.R. 5814 and H.R. 5351, further
addressed issues related to information sharing and the threat
advisory system.
Release of Classified Information
On December 16, 2005, The New York Times (Times) published
an article outlining a highly-classified overseas surveillance
program conducted by the National Security Agency to monitor
the communications of suspected terrorists. On June 23, 2006,
the Times again divulged classified materials, this time on a
program that seeks to identify international terrorist
financing networks and transactions.
On June 26, 2006, the Chairman of the Full Committee wrote
a letter to the Attorney General of the United States
requesting that the Department of Justice investigate whether
the Times had violated Federal law by publishing classified
material. In particular, the Chairman requested an inquiry onto
violations of the Espionage Act (18 U.S.C. Sec. 793 et seq.)
and the Comint Act (18 U.S.C. Sec. 798). The Committee received
no official response from the Department of Justice in response
to this request, but the leak and publication of the classified
information resulted in the passage of H. Res. 895, a measure
which expressed support for intelligence and law enforcement
programs to track terrorists and terrorist finances conducted
consistent with Federal law and with appropriate Congressional
consultation, and specifically condemning the disclosure and
publication of classified information that impairs the
international fight against terrorism and needlessly exposes
Americans to the threat of further terror attacks by revealing
a crucial method by which terrorists are traced through their
finances.
Liquid Explosives
In mid August 2006, a plot was discovered to use liquid
explosives to destroy planes in midair on trans-Atlantic
flights. On September 14, 2006, Members of the Committee on
Homeland Security received a Classified briefing on this plot
and the activities taken in response to and to prepare against
future incidents.
BORDER SECURITY AND IMMIGRATION ENFORCEMENT
Review of Immigration and Customs Enforcement Investigations Priorities
As part of the Committee's oversight of detention and
removal of terrorists, the Committee requested the Government
Accountability Office (GAO) review how Immigration and Customs
Enforcement (ICE) prioritizes cases for investigation. The
Committee was concerned with how the Department of Homeland
Security was using risk based management decisions in
determining how to allocate limited resources for conducting
investigations. As a result of this study and the Committee's
attention to this issue, ICE set clear priorities for
conducting investigations with a focus on worksite
investigations at critical infrastructure sites, in particular
nuclear and chemical plants, military facilities, and airports.
Southwest Border Site Visit
From August 16 through 18, 2006, Members of the Committee
conducted a site visit of the southwest border in Texas, New
Mexico, and Arizona. The Members examined security operations
along the southwest border, including tactical operations,
surveillance equipment, response capabilities, and community
coordination. The Committee toured the Bridge of the Americas
Port of Entry in El Paso, Texas, received border intelligence
briefings at the Joint Terrorism Task Force and the El Paso
Intelligence Center, and witnessed a demonstration at the
Border Patrol canine training facility. While in New Mexico,
Members toured the Columbus Port of Entry, met with private
land owners along the border, and traveled to New Mexico Tech
for a first responder training exercise. The Committee
concluded the site visit in Arizona with a briefing on the
Arizona Border Control Initiative, toured the Nogales Border
Patrol Station, and participated in a border line tour in
Nogales.
Border Incursions
On January 26, 2006, the Chairman of the Committee on
Homeland Security, the Chairman of the Subcommittee on
Investigations, and the Chairman of the Subcommittee on
Management, Integration, and Oversight sent a letter to the
Secretary of Homeland Security and the Secretary of State
expressing concern and requesting further information on
possible Mexican military intrusion on the southern border of
the United States. The letter further requested information on
the procedures and policies in place to respond to such events.
The Department of State and Department of Homeland Security
provided briefings to staff in response to the request.
U.S. Visitor and Immigrant Status Indicator Technology
On February 3, 2006, the Government Accountability Office
agreed to examine the Department of Homeland Security efforts
to deploy a biometric entry-exit system at land ports of entry
under U.S. Visitor and Immigrant Status Indicator Technology
(US-VISIT). On September 30, 2005, the Government
Accountability Office committed to examine and review the
Department of Homeland Security management and implementation
of the US-VISIT program.
On August 28, 2006, the Chairman and Ranking Member of the
Committee sent a letter to the Comptroller General requesting
the Government Accountability Office examine the US-VISIT's
performance and accountability framework.
Secure Border Initiative
On August 28, 2006, the Chairman and Ranking Member of the
Committee sent a letter to the Comptroller General requesting
further information and examination into the Increment 4 of the
US-VISIT program and its relationship with the Secure Border
Initiative.
CONGRESSIONAL TRAVEL TO SUPPORT COUNTER TERRORISM EFFORTS
To bolster support for international anti-terror efforts,
several Committee Members and Staff participated in a
Congressional Delegation to the Republic of Austria, the
Hashemite Kingdom of Jordan, the State of Israel, the Arab
Republic of Egypt, and the Kingdom of Morocco from July 31,
until August 7, 2005. The Committee sought to encourage further
cooperation in counter-terrorism efforts with these non-
traditional allies in Europe, the Middle East, and Africa.
Several Members and Staff also traveled to the United Kingdom;
the Italian Republic; and the Kingdom of Spain from January 9
through 14, 2006, meeting with representatives of the
international intelligence community to discuss the current
state of global terrorism and future efforts to disrupt
extremist activities.
COUNTERING AN AVIAN INFLUENZA PANDEMIC
During the 109th Congress, the Committee actively monitored
the threat posed by a potential avian influenza pandemic and
assessed the respective roles of Federal Government departments
and agencies, with particular focus on the role of the
Department of Homeland Security in particular, as well as the
role of State and local Government entities and the private
sector.
In November 2005, the President announced the National
Strategy for Pandemic Influenza, followed by the Implementation
Plan. The National Strategy for Pandemic Influenza is a guide
for our preparedness and response to an influenza pandemic,
with the intent of stopping, slowing or otherwise limiting the
spread of a pandemic to the United States; limiting the
domestic spread of a pandemic, and mitigating disease,
suffering and death; and sustaining infrastructure and
mitigating impact to the economy.
The Subcommittee on Prevention of Nuclear and Biological
Attack and the Subcommittee on Emergency Preparedness, Science,
and Technology held a joint hearing on February 8, 2006,
examining the nature of the pandemic threat, the need for early
virus detection and prevention, and, particularly from the
State and local community's perspective, the importance of
coordinated preparedness and response efforts at the Federal,
State and local levels. This hearing examined the assigned
roles and responsibilities of the primary Federal agencies
involved in pandemic preparedness and response contained in the
Implementation Plan for the President's National Strategy for
Pandemic Influenza in order to determine how effective the Plan
will be.
On May 16, 2006, the Committee held a hearing entitled
``Are we ready? Implementing the National Strategy for Pandemic
Influenza.'' This hearing examined the Implementation Plan for
the President's National Strategy for Pandemic Influenza. This
Plan enumerates the respective roles and responsibilities of
Federal departments and agencies, and defining expectations of
State and local governments, the private sector, nonprofits,
communities, and individual citizens in preparation and
response. The Committee received testimony from: Mr. Jeffrey W.
Runge, Acting Under Secretary for Science and Technology and
Chief Medical Officer, Department of Homeland Security; Mr.
John Agwonbi, Assistant Secretary for Health, Department of
Health and Human Services; Mr. John Clifford, Deputy
Administrator for the Animal and Plant Health Inspection
Service Veterinary Services' Program and Chief Veterinarian,
Department of Agriculture; and Mr. Peter F. Verga, Deputy
Assistant Secretary for Homeland Defense, Department of
Defense. This hearing examined assigned roles and
responsibilities articulated by the Implementation Plan and
assessed the potential success of the Plan in readying the
Nation for a potential pandemic.
In addition, Committee Staff traveled to New York, New
York, in February 2006 and Chicago, Illinois, on June 1, 2006,
to examine local pandemic prevention and preparedness
strategies. Committee Staff met with the cities' respective
public health department officials who discussed local pandemic
initiatives, funding concerns and interaction with the
Department of Homeland Security.
Committee Staff participated in a conference on November
16, 2005, entitled ``The Global Threat of Pandemic Influenza.''
This conference assessed the status of the spread of the H5N1
virus in Asia, examined virus containment and control
approaches and discussed the roles of the United States
Government and the business community in preparing for, and
responding to, a potential influenza pandemic. Speakers
included well-known domestic and international government
officials in the field of infectious disease and public health,
and experts from the private sector, universities, a hospital
and non-profit institutions.
COMMITTEE ON FOREIGN INVESTMENT IN THE UNITED STATES
In late 2005, Dubai Ports World, a company owned by the
Government of the United Arab Emirates, sought to acquire the
Peninsular & Oriental Steam Navigation Company (P&O), which
runs terminal operations at ports around the world, including
several large ports in the United States. On October 17, 2005,
lawyers for Dubai Ports World and P&O informally approached
staff for the Committee on Foreign Investment in the United
States (CFIUS) at the Department of the Treasury (Treasury) to
discuss the preliminary stages of the transaction. This type of
informal contact enables ``CFIUS staff to identify potential
issues before the review process formally begins.'' In this
case, Treasury staff identified port security as the primary
issue and directed the companies to the Department of Homeland
Security (DHS). On October 31, 2005, DHS and Department of
Justice (DOJ) staff met with the companies to review the
transaction and security issues.
On November 2, 2005, staff from Treasury requested a
Community Acquisition Risk Center (CARC) intelligence
assessment from the Office of the Director of National
Intelligence (DNI). Treasury received this assessment on
December 5, 2005, and it was circulated to CFIUS staff. On
December 6, 2005, staff from CFIUS agencies, in addition to
staff from the Departments of Transportation and Energy, met
with company officials to review the transaction and request
additional information. On December 16, 2006, after two months
of informal interaction, the companies officially filed their
formal notice with Treasury.
Over the course of the following 30-day review period, DHS
negotiated a letter of assurances to address its port security
concerns. The final letter of assurances was circulated to the
CFIUS on January 6, 2006 for its review, and CFIUS concluded
its review on January 17, 2006. Any and all National security
concerns were addressed to the satisfaction of all members of
CFIUS.
On February 16, 2006, the Chairman of the Committee on
Homeland Security sent a letter to the Director of National
Intelligence requesting a review of the report on a
intelligence threat assessment conducted by the intelligence
community with respect to Dubai Port World's bid to operate at
least six U.S. ports. On April 27, 2006, the Chairman of the
Committee on Homeland Security received a classified report
from the Office of the Director of National Intelligence
detailing the intelligence threat assessment conducted with
regard to Dubai Ports World.
The Chairman of the Committee on Homeland Security sent a
letter on February 21, 2006, to the Secretary of the Treasury
requesting a review of the CFIUS examination on the transaction
that gave significant port control to Dubai Ports World. The
Chairman of the Committee on Homeland Security received a
response to this request from the Assistant Secretary of the
Treasury for International Affairs on May 23, 2006.
On March 1, 2006, Members of the Committee on Homeland
Security received a classified briefing with the Permanent
Select Committee on Intelligence on the acquisition of terminal
operations at six United States ports by Dubai Port World
(DPW). Representatives from the Department of Homeland
Security, the Department of the Treasury, the Director of
National Intelligence, Defense Intelligence Agency, Customs and
Border Patrol (CBP), and the U.S. Coast Guard briefed Members
on the security review involved in the acquisition approval by
the Committee on Foreign Investment in the United States
(CFIUS). As a result of the controversy surrounding the
transaction, on March 9, 2006 Dubai Ports World, agreed to sell
its interests in the operations of several United States ports.
On May 24, 2006, the Committee on Homeland Security held a
hearing entitled ``The Need for CFIUS to Address Homeland
Security Concerns.'' This hearing resulted from the controversy
surrounding the Dubai Ports World transaction and examined the
various issues involved in CFIUS reform, including legislative
proposals. The Committee received testimony from Hon. Clay
Lowery, Assistant Secretary for International Affairs,
Department of the Treasury; Hon. Stewart Baker, Assistant
Secretary for Policy, Planning, and International Affairs,
Department of Homeland Security; Ms. Daniella Markheim, Jay Van
Andel Senior Analyst in Trade Policy, Center for International
Trade and Economics, The Heritage Foundation; Hon. Stuart
Eizenstat, Partner at Covington and Burling, and Former Deputy
Secretary of the Treasury; Hon. Roy Blunt, a Representative
from the State of Missouri; Hon. Carolyn B. Maloney, a
Representative from the State of New York.
As a result of this oversight effort, the Committee worked
with the Committee on Financial Services, and other interested
Committees, to develop CFIUS reform legislation, H.R. 5337, the
National Security Foreign Investment Reform and Strengthened
Transparency Act of 2006. This legislation passed the House of
Representatives on July 26, 2006 by a vote of 424 yeas and 0
nays.
SAFETY ACT IMPLEMENTATION
The Support Anti-Terrorism by Fostering Effective
Technologies Act of 2002 (SAFETY Act), 6 U.S.C. 441 et seq.;
Title VIII, Subtitle G of Public Law 107-296, the Homeland
Security Act of 2002, is intended to encourage the development
and deployment of anti-terrorism technologies by limiting the
liability of sellers of the technology (and others in the
distribution and supply chain) for third party claims arising
out of an act of terrorism where the technology has been
deployed to prevent, respond, to or recover from such act.
Despite Congressional intent for broad application and use of
the SAFETY Act protections, the Department of Homeland Security
(Department) experienced difficulty generating interest in the
program and developing efficient internal review processes.
During the 109th Congress, the Committee engaged in
oversight to improve the Department's SAFETY Act
implementation. Committee Staff had regular interaction with
Department officials to monitor the program's progress,
including numerous briefings and other informal meetings. The
Committee consulted with various stakeholders concerned with
the pace and requirements of the SAFETY Act review process. As
a result of the Committee's concern, the Committee on Homeland
Security, the Committee on the Judiciary, and the Committee on
Government Reform held a joint Majority Staff briefing on
February 7, 2005. Representatives from the Department of
Homeland Security Offices of Science and Technology and SAFETY
Act Implementation (OSAI), discussed the latest developments
and progress being made toward improving the SAFETY Act
application process.
On April 6, 2005, the Committee on Homeland Security sent a
letter to the Department of Homeland Security's Under Secretary
of the Science and Technology Directorate, requesting an update
on the implementation of the SAFETY Act, including an estimate
on the date by which revised regulations would be finalized.
The letter further requested information for each of the SAFETY
Act applications received by the Department. The Committee on
Homeland Security received a response on May 5, 2005, and the
Department provided further information throughout the summer
months of 2005.
The Committee's oversight activity in this area led to the
development of legislation intended to improve implementation
of the SAFETY Act. Section 303 of H.R. 1817, the Department of
Homeland Security Authorization Act for Fiscal Year 2006,
required the Secretary to study all Department procurements to
identify those involving technology. Section 303 of H.R. 5814,
the Department of Homeland Security Authorization Act for
Fiscal Year 2007, essentially replicated the study required
under H.R. 1817, but expanded upon the section to require the
Secretary to ensure a sufficient number of personnel trained to
apply economic, legal and risk analyses would be involved in
the review and prioritization of anti-terrorism technologies.
Under this section, the Secretary was also required to ensure
coordination among DHS officials for implementing the SAFETY
Act, and promoting the awareness and utilization of the program
at the Federal, State and local level.
On September 13, 2006, the Subcommittee on Management,
Integration, and Oversight and the Subcommittee on Emergency
Preparedness, Science, and Technology held a joint hearing
entitled ``Helping Business Protect the Homeland: Is the
Department of Homeland Security Effectively Implementing the
SAFETY Act?'' The Subcommittees received testimony from Hon.
Jay Cohen, Undersecretary for Science and Technology,
Department of Homeland Security; Ms. Elaine C. Duke, Chief
Procurement Officer, Department of Homeland Security; Mr.
Andrew Howell, Vice President, Homeland Security Policy
Division, U.S. Chamber of Commerce; Mr. Michael M. Meldon,
Executive Director, Homeland Security and Defense Business
Council; Mr. Stan Z. Soloway, President, Professional Services
Council; and Brian E. Finch, Esq., Dickstein Shapiro, LLP.
The Subcommittee's oversight in this area augmented the
Department of Homeland Security's decision to revamp its
implementation of the SAFETY Act by updating the application
process, ensuring that the certification process dovetails with
existing procurement processes, and minimizing the burdens
imposed on businesses so that liability is not an impediment to
developing and deploying anti-terrorism technologies for
Federal, State, and local homeland security personnel.
See discussion of H.R. 1817 listed above.
U.S. COAST GUARD DEEPWATER PROGRAM
On September 7, 2006, the Chairman of the Committee on
Homeland Security sent a letter to the Secretary of Homeland
Security requesting a status update on the Office of Inspector
General's ongoing investigation into allegations of
mismanagement of the Coast Guard's Deepwater procurement
program. On October 20, 2006, the Inspector General of the
Department of Homeland Security sent a letter to the Chairman
of the Committee on Homeland Security indicating that the
Office of the Inspector General would be releasing a report on
allegations of mismanagement in the Coast Guard's Deepwater
program.
Full Committee Hearings Held
Protecting Our Commerce: Port and Waterways Security.
Hearing held March 22, 2005. Serial No. 109-5.
The Department of Homeland Security: Promoting Risk-Based
Prioritization and Management. Hearing held April 13, 2005.
Serial No. 109-7.
Grant Reform: The Faster and Smarter Funding for First
Responders Act of 2005. Hearing held April 14, 2005. Serial No.
109-8.
The Secretary's Second-Stage Review: Re-thinking the
Department of Homeland Security's Organization and Policy
Direction. Hearing held July 14 and 25, 2005. Serial No. 109-
32.
Federalism and Disaster Response: Examining the Roles and
Responsibilities of Local, State, and Federal Agencies. Hearing
held October 19, 2005. Serial No. 109-46.
The President's Proposed Fiscal Year 2007 Budget for the
Department of Homeland Security: Maintaining Vigilance and
Improving Mission Performance in Securing the Homeland. Hearing
held February 16, 2006. Serial No. 109-65.
H.R. 4954, ``Security and Accountability For Every Port
Act.'' Hearing held April 4, 2006. Serial No. 109-71.
Proposed Legislation to Strengthen the Federal Emergency
Management Agency and Better Integrate it into the Department
and for Other Purposes. Hearing held May 9, 2006. Serial No.
109-74.
Are We Ready?: Implementing the National Strategy for
Pandemic Influenza. Hearing held May 16, 2006. Serial No. 109-
77.
The Need for CFIUS Reform to Address Homeland Security
Concerns. Hearing held May 24, 2006. Serial No. 109-79.
DHS Terrorism Preparedness Grants: Risk-Based or Guess-
Work? Hearing held June 21, 2006. Serial No. 109-86.
The Department of Homeland Security: Major Initiatives for
2007 and Beyond. Hearing held September 26, 2006. Serial No.
109-106.
Full Committee Markups Held
H.R. 1544, Faster and Smarter Funding for First Responders
Act of 2005; was ordered favorably reported to the House,
amended, by voice vote. April 21, 2005.
H.R. 1817, Department of Homeland Security Authorization
Act for FY 2006; was ordered favorably reported to the House,
amended, by voice vote, April 27, 2005.
H.R. 4312, Border Security and Terrorism Prevention Act of
2005; was ordered favorably reported to the House, amended, by
voice vote, November 16 and 17, 2005.
H.R. 4954, SAFE Port Act; was ordered favorably reported to
the House, amended, by voice vote, April 26, 2006.
H.R. 5351, National Emergency Management Reform and
Enhancement Act of 2006; was ordered favorably reported to the
House, amended, by voice vote, May 17, 2006.
H.R. 3197, Secure Handling of Ammonium Nitrate Act of 2005;
was ordered favorably reported to the House, amended, by voice
vote, June 14, 2006.
H.R. 4941, Homeland Security Science and Technology
Enhancement Act of 2006; was ordered favorably reported to the
House, amended, by voice vote, June 14, 2006.
H.R. 4942, Promoting Antiterrorism Capabilities Through
International Cooperation Act; was ordered favorably reported
to the House, amended, by voice vote, June 14, 2006.
H.R. 5814, Department of Homeland Security Authorization
for Fiscal Year 2007; was ordered favorably reported to the
House, amended, by voice vote, July 19, 2006.
H.R. 5695, to amend the Homeland Security Act of 2002 to
provide for the regulation of certain chemical facilities, and
for other purposes. ``Chemical Facility Anti-Terrorism Act of
2006.''; was ordered favorably reported to the House, amended,
by voice vote, July 27 and 28, 2006.
H. Res. 396, expressing the sense of the House of
Representatives that the employees of the Department of
Homeland Security, their partners at all levels of government,
and the millions of law enforcement agents and emergency
response providers nationwide should be commended for their
dedicated service on the Nation's front lines in the war
against terrorism.; was ordered favorably reported to the
House, without amendment, by voice vote. July 28, 2005.
H. Res. 463, a resolution of inquiry directing the
Secretary of Homeland Security to provide certain information
to the House of Representatives relating to the reapportionment
of airport screeners; was ordered to be reported to the House,
adversely, without amendment, by voice vote, October 26, 2005.
H. Res. 809, a resolution directing the Secretary of the
Department of Homeland Security to transmit to the House of
Representatives not later than 14 days after the date of the
adoption of this resolution documents in the Secretary's
possession relating to any existing or previous agreement
between the Department of Homeland Security and Shirlington
Limousine and Transportation, Incorporated, of Arlington,
Virginia.; was ordered to be reported to the House, adversely,
without amendment, by voice vote, May 24, 2006.
Full Committee Meetings Held
Organizational Meeting and adoption of the Rules. February
9, 2005.
Business Meeting. July 28, 2005.
Business Meeting to change the Rules of the Committee.
October 7, 2006.
Full Committee Site Visits and Briefings Held
Site Visit of the Port of Vicksburg, Mississippi. March 21,
2005.
Congressional Delegation to the Republic of Austria, the
Hashemite Kingdom of Jordan, the State of Israel, the Arab
Republic of Egypt, and the Kingdom of Morocco. July 30 through
August 7, 2005.
Site Visit of the Southwest Border areas including: Texas,
New Mexico and Arizona. August 16 through 19, 2005.
Member Briefing on the U.S. Coast Guard's disaster response
capabilities. September 27, 2005.
Member briefing on New York Subway terrorism threat.
October 18, 2005.
Congressional Delegation to the United Kingdom; the Italian
Republic; and the Kingdom of Spain. January 8 through 14, 2006.
Member briefing with the Permanent Select Committee on
Intelligence on the acquisition of terminal operations at six
United States ports by Dubai Port World (DPW). March 1, 2006.
Member briefing on the Transportation Security
Administration airline passenger prescreening watchlist. March
30, 2006.
Member briefing on the recently announced grant awards to
States and urban areas under the State Homeland Security Grant
Program, the Urban Area Security Initiative, and the Law
Enforcement Terrorism Prevention Program. June 7, 2006.
Member briefing on the National Asset Database. July 20,
2006.
Member briefing on the recent plot to detonate liquid
explosives carried on airliners traveling from the United
Kingdom to the United States. September 14, 2006.
Subcommittee on Prevention of Nuclear and Biological Attack
JOHN LINDER, Georgia, Chairman
James R. Langevin, Rhode Island Don Young, Alaska
Edward J. Markey, Massachusetts Christopher Shays, Connecticut
Norman D. Dicks, Washington Daniel E. Lungren, California
Jane Harman, California Jim Gibbons, Nevada
Eleanor Holmes Norton, District of Columbiammons, Connecticut
Donna M. Christensen, U.S. Virgin Islandsy Jindal, Louisiana
Bennie G. Thompson, Mississippi (Ex Officio) W. Dent, Pennsylvania
Peter T. King, New York (Ex
Officio)
Jurisdiction: Prevention of terrorist attacks on the United States
involving nuclear and biological weapons, including the Department of
Homeland Security's role in nuclear and biological counter-
proliferation and detection of fissile materials, biological weapons,
precursors, and production equipment; the Department of Homeland
Security's role in detecting and interdicting commerce in and transit
of nuclear and biological weapons, components, precursors, delivery
systems, and production equipment; development and deployment of
sensors to detect nuclear and biological weapons, components,
precursors, and production equipment; inspections conducted
domestically and abroad to detect and interdict nuclear and biological
weapons, components, precursors, delivery systems, and production
equipment; nuclear and biological threat certification and
characterization; preventative use of technology, including forensic
analytic techniques, to attribute nuclear and biological weapons-
related samples to their sources; border, port, and transportation
security designed to prevent nuclear and biological attacks on the
United States; integration of federal, state, and local efforts to
prevent nuclear and biological attacks, including coordination of
border security initiatives for this purpose; conducting relevant
oversight; and other matters referred to the Subcommittee by the
Chairman.
During the 109th Congress, the Subcommittee on Prevention
of Nuclear and Biological Attack conducted extensive hearings
and briefings on a wide range of issues relating to countering
the threat posed by terrorist events involving chemical,
biological, radiological, and nuclear (CBRN) agents and
materials. Subcommittee Members and Staff regularly met with,
and received briefings from, representatives from the
Department of Homeland Security, the Department of Defense, the
Department of State, the Department of Health and Human
Services, various other Federal entities, State and local
governments, and the private sector to carry out its
legislative and oversight activities, which focused on the
following areas within the Subcommittee's jurisdiction: (1)
threat characterization and analyses; (2) CBRN countermeasures
including oversight of Project Bioshield and the Department's
risk and threat assessments; (3) preventing nuclear and
radiological materials from entering the United States; (4)
counter-proliferation and threat reduction programs; and (5)
biodefense and biosecuriy strategies, including those
addressing emerging threats such as an avian influenza
pandemic, engineered threats, and threats to United States
agriculture.
The Subcommittee assisted the Full Committee in drafting
and negotiating the provisions of the ``SAFE Port Act'' which
codifies the Domestic Nuclear Detection Office, set
requirements for technology assessments prior to systems
acquisition, and further direct the Department's nuclear
detection efforts at domestic and foreign seaports. The
Subcommittee also assisted the Full Committee in the
development of the ``Secure Handling of Ammonium Nitrate Act,''
by passing it out of the Subcommittee in December 2005 and also
in steering its ultimate passage through the Full Committee
unanimously in May 2006.
Legislative Activities of the Subcommittee on Prevention of Nuclear and
Biological Attack
SECURE HANDLING OF AMMONIUM NITRATE ACT OF 2005
H.R. 3197
To authorize the Secretary of Homeland Security to regulate
the production, storage, sale, and distribution of ammonium
nitrate on account of the prior use of ammonium nitrate to
create explosives used in acts of terrorism and to prevent
terrorists from acquiring ammonium nitrate to create
explosives.
Summary
H.R. 3197 requires ammonium nitrate ``handlers,'' i.e. any
person that produces or sells ammonium nitrate, to register
with the Department of Homeland Security and report the amount
of ammonium nitrate sold or produced at each of the handlers'
respective facilities. H.R. 3197 also requires ammonium nitrate
handlers to maintain records of each sale or transfer of
ownership of ammonium nitrate for a three year period from the
date of sale or transfer. Another provision requires handlers
to verify the identity of ammonium nitrate purchasers through
an identification procedure determined appropriate by the
Secretary of the Department of Homeland Security. The Committee
intended H.R. 3197 to aid law enforcement counterterrorism
efforts by creating a paper trail for crimes involving
purchases of ammonium nitrate and will also support honest
retailers in their efforts to prevent terrorism.
Legislative History
H.R. 3197 was introduced by Mr. Weldon and five original
co-sponsors on June 30, 2005, and referred solely to the
Committee on Homeland Security. Within the Committee, H.R. 3197
was referred to the Subcommittee on Prevention of Nuclear and
Biological Attack.
On December 14, 2005, the Subcommittee on Prevention of
Nuclear and Biological Attack held a hearing on H.R. 3197. The
Subcommittee received testimony from Dr. Jimmie C. Oxley,
Professor of Chemistry, University of Rhode Island; Mr. James
W. McMahon, Director, New York State Office of Homeland
Security; Mr. Gary W. Black, President, Georgia Agribusiness
Council, Inc.; Mr. William Paul O'Neill, Jr., President,
International Raw Materials, testifying on behalf of
Agricultural Retailers Association; Mr. Carl Wallace, Plant
Manager, Terra Mississippi Nitrogen, Inc., testifying on behalf
of The Fertilizer Institute.
On December 14, 2005, the Subcommittee on Prevention of
Nuclear and Biological Attack considered H.R. 3197 and
favorably forwarded the bill to the Full Committee for
consideration, amended, by a recorded vote of 9 yeas and 0
nays.
On June 14, 2006, the Committee on Homeland Security met to
consider H.R. 3197, and ordered the measure reported to the
House, amended, by voice vote.
PROJECT BIOSHIELD MATERIAL THREATS ACT OF 2006
Summary
The Committee Print entitled ``Project Bioshield Material
Threats Act of 2006'' modified the Department's material threat
assessment responsibilities under Section 319F 2(c)(2)(A) of
the Public Health Service Act (42 U.S.C. 247d 6b(c)(2)(A)), to
provide for the use of existing risk assessments to expedite
the development of material threat assessments, and conducting
such assessments for groups of agents to facilitate the
development of broad countermeasures that may address more than
one agent.
Legislative History
The Subcommittee on Prevention of Nuclear and Biological
Attack considered a Committee Print entitled ``Project
Bioshield Material Threats Act of 2006'' on March 14, 2006 and
forwarded the measure to the Full Committee for consideration,
without amendment, by voice vote.
The text of the Committee Print was introduced as a clean
measure, H.R. 5028, on March 28, 2006, by Mr. Linder, Mr.
Langevin, Mr. McCaul of Texas, Mr. Shays, Mr. Simmons, Mr.
Thompson of Mississippi, Mr. Dicks, Mr. Dent, and Ms. Jackson-
Lee of Texas, and referred to the Committee on Homeland
Security, and the Committee on Energy and Commerce.
The text of the Committee Print was also included in Title
VI of H.R. 5814, the Department of Homeland Security
Authorization Act for FY 2007, which was ordered reported by
the Committee on July 19, 2006. See discussion of H.R. 5814,
listed above.
OFFICE OF DOMESTIC NUCLEAR DETECTION
Summary
The Committee Print entitled ``Office of Domestic Nuclear
Detection'' establishes within the Department of Homeland
Security an Office of Domestic Nuclear Detection to protect
against the unauthorized importation, possession, storage,
transportation, development, or use of a nuclear explosive
device, fissile material, or radiological material against the
United States.
Legislative History
The Subcommittee on Prevention of Nuclear and Biological
Attack considered a Committee Print entitled ``Office of
Domestic Nuclear Detection'' on March 14, 2006 and forwarded
the measure to the Full Committee for consideration, without
amendment, by voice vote.
The text of the Committee Print was introduced as a clean
measure, H.R. 5029, on March 28, 2006, by Mr. Linder, Mr.
Langevin, Mr. King of New York, Mr. McCaul of Texas, Mr. Shays,
Mr. Simmons, Mr. Thompson of Mississippi, Mr. Dicks, Mr. Dent,
Mr. Daniel E. Lungren of California, and Ms. Jackson-Lee of
Texas, and was referred to the Committee on Homeland Security.
The text of the Committee Print was enacted as Title V of
H.R. 4954, the SAFE Port Act of 2006 (P.L. 109-347). See
discussion of H.R. 4954, listed above.
Oversight Activities of the Subcommittee on Prevention of Nuclear and
Biological Attack
COUNTERING THE NUCLEAR THREAT
During the 109th Congress, the Subcommittee conducted
extensive hearings and briefings on countering the threat posed
by nuclear materials in the hands of terrorists and State
sponsors of terrorism. In overseeing efforts to prevent nuclear
materials from being employed as weapons of terror against the
United States, the Subcommittee concentrated its efforts on
detecting the presence of nuclear and radiological materials at
United States ports and borders, securing nuclear materials,
and assessing the effectiveness of non-proliferation and threat
reduction programs.
On March 15, 2005, the Subcommittee held a hearing entitled
``Nuclear Terrorism: Protecting the Homeland.'' This hearing
focused on the threat of nuclear terrorism, current efforts to
prevent terrorists from gaining access to or using a nuclear
device in the United States, and assessed the level of
coordination existing between non-proliferation and detection
programs across the executive branch. The Subcommittee received
testimony from Mr. Paul M. Longworth, Deputy Administrator for
Defense Nuclear Nonproliferation, National Nuclear Security
Administration; Mr. Paul McHale, Assistant to the Secretary of
Defense for Homeland Defense, Department of Defense; Mr. Willie
T. Hutton, Assistant Director, Counterterrorism Division,
Federal Bureau of Investigations; and Mr. Charles E. McQueary,
Under Secretary, Directorate of Science and Technology,
Department of Homeland Security. Prior to this hearing,
personnel from the entities represented at the hearing provided
a classified briefing on the same topic to Subcommittee
Members.
Subcommittee Members participated in ``Masked Dragon'' on
March 30, 2005. The purpose of this exercise was to elicit
discussion of response options available to the United States
to prevent the threat, and use, of a nuclear weapon against the
United States, its friends, or allies following a postulated
series of provocations by the Democratic People's Republic of
Korea. The Office of the Secretary of Defense sponsored the
event as part of its Strategic Policy Forum at the National
Defense University.
On April 19 and 20, 2005, the Subcommittee held a hearing
entitled ``DHS Coordination of Nuclear Detection Efforts.''
This hearing reviewed the President's request in Homeland
Security Policy Directive 14(Domestic Nuclear Detection, April
15, 2005) (HSPD-14) to create a Domestic Nuclear Detection
Office (DNDO) within the Department of Homeland Security and
explored the appropriate structure, role, and responsibilities
of DNDO, particularly with regard to its relationships with
other Federal entities with nuclear prevention missions. On
Tuesday, April 19, 2005, the Subcommittee received testimony
from Dr. Graham Allison, Director of the Belfer Center for
Science and International Affairs, Harvard University; Dr. Fred
Ikle, Center for Strategic and International Studies; and Col.
Randy Larsen (Ret. USAF), Chief Executive Officer, Homeland
Security Associates, LLC. On Wednesday, April 20, 2005, the
Subcommittee received testimony from Mr. Vayl Oxford, Acting
Director, Domestic Nuclear Detection Office, Department of
Homeland Security.
The Subcommittee held a hearing entitled ``Building a
Nuclear Bomb: Identifying Early Indicators of Terrorist
Activities'' on May 26, 2005. This hearing examined the means
by which terrorists may gain access to dangerous nuclear
materials and discussed the Federal government's numerous
programs aimed at reducing the risk of a nuclear terrorist
attack against the United States. The Subcommittee received
testimony from Mr. David Albright, Director, Institute for
Science and International Security; Ambassador Ronald F.
Lehman, II, Director, Center for Global Security Research; and
Ms. Laura S. H. Holgate, Vice President for Russia/New
Independent States Programs, Nuclear Threat Initiative.
On June 21, 2005, the Subcommittee, in conjunction with the
Subcommittee on Emergency Preparedness, Science, and
Technology, held a joint hearing entitled ``Detecting Nuclear
Weapons and Radiological Materials: How Effective Is Available
Technology?'' This hearing examined the roles of the Federal
entities with nuclear smuggling prevention missions, discussed
the effectiveness of installed radiation detection portal
monitors and other detection technologies, and addressed
ongoing research and development efforts to test and evaluate
next generation detection technologies. The Subcommittees
received testimony from Mr. Gene Aloise, Director, Natural
Resources and Environment, Government Accountability Office;
Dr. Richard L. Wagner, Jr., Chair, Defense Science Board Task
Force on Prevention of, and Defense Against, Clandestine
Nuclear Attack and Senior Staff Member, Los Alamos National
Laboratory; Ms. Bethann Rooney, Manager, Port Security, Port
Authority of New York & New Jersey; Dr. Benn Tannenbaum,
American Association for the Advancement of Science; Mr. Vayl
Oxford, Acting Director, Domestic Nuclear Detection Office,
Department of Homeland Security; Mr. Michael K. Evenson, Acting
Director, Combat Support Directorate, Defense Threat Reduction
Agency, Department of Defense; and Mr. David Huizenga,
Assistant Deputy Administrator, International Material
Protection and Cooperation, National Nuclear Security
Administration, Department of Energy.
The Subcommittee held a hearing entitled ``Pathways to the
Bomb: Security of Fissile Materials Abroad'' on June 28, 2005.
This hearing examined the location and security of fissile
materials around the world with a focus on states other than
those of the former Soviet Union. The Subcommittee received
testimony from Mr. David Albright, Director, Institute for
Science and International Security; and Ms. Rose Gottemoeller,
Senior Associate, Carnegie Endowment for International Peace.
On the same date, the Subcommittee also received a classified
briefing on this issue from representatives from the
Administration.
On August 1, 2005, the Chairman of the Subcommittee issued
a request to the Governmental Accountability Office (GAO) to
examine the development and deployment of radiation portal
monitors to assess the effectiveness of current and planned
detection systems. On August 29, 2005, GAO agreed to examine
the issue. In a letter to the Subcommittee Chairman and Ranking
Member dated June 9, 2006, GAO again agreed to further examine
this issue by reviewing radiation detection equipment.
The Subcommittee held a hearing entitled ``Trends in
Illicit Movement of Nuclear Materials'' on September 22, 2005.
This hearing examined known cases of nuclear smuggling and
focused on how terrorists might exploit existing narcotics
networks and criminal organizations to transport nuclear
material or a nuclear explosive device internationally, and
ultimately to the United States. The Subcommittee received
testimony from Dr. Rensselaer Lee, President, Global Advisory
Services; Dr. Raymond J. Juzaitis, Associate Director,
Nonproliferation, Arms Control, and International Security,
Lawrence Livermore National Laboratory, University of
California; and Mr. Glenn E. Schweitzer, Director for Central
Europe and Eurasia, The National Academy of Sciences.
On January 23 and 24, 2006, Members of the Subcommittee
conducted a site visit of the Department of Homeland Security's
Radiological/Nuclear Countermeasures Test and Evaluation
Complex in Las Vegas, Nevada. In order to support its function
as the coordinator of the domestic nuclear detection
architecture, DNDO conducts research, development, testing and
evaluation (RDT&E) to improve capabilities for detecting,
identifying and reporting the movement of nuclear and
radiological materials. To facilitate such RDT&E, DNDO
established the Radiological/Nuclear Countermeasures Test and
Evaluation Complex at the Nevada Test Site with the cooperation
of the Department of Energy, the National Nuclear Security
Administration, and Bechtel Nevada to provide a unique facility
dedicated to enhancing the Nation's ability to deter the threat
of nuclear or radiological attack. This facility provides the
ability to conduct testing and evaluation of technology against
special nuclear material in a realistic and near-real world
environment.
The Subcommittee held a classified Member briefing on U.S.
nuclear reactor security on February 14, 2006. Representatives
from the Nuclear Regulatory Commission briefed Members on the
security of nuclear research and test reactors within the
United States.
On May 25, 2006, the Subcommittee held a hearing entitled
``Enlisting Foreign Cooperation in U.S. Efforts to Prevent
Nuclear Smuggling.'' This hearing discussed the respective
experiences of the Department of Homeland Security, the
Department of Energy, and the Department of State in
implementing bilateral programs to counter nuclear smuggling.
In addition, the hearing examined and compared the terms of the
agreements reached, as well as implementation successes and
setbacks, in order to determine how to best encourage foreign
participation, monitor implementation, and ensure program
success. The Subcommittee received testimony from Mr. Jayson
Ahern, Assistant Commissioner for Field Operations, Customs and
Border Protection, Department of Homeland Security; Mr. David
Huizenga, Assistant Deputy Administrator, International
Material Protection and Cooperation, National Nuclear Security
Administration, Department of Energy; Mr. Frank Record, Acting
Assistant Secretary of State for International Security and
Nonproliferation, Department of State; and Mr. Vayl Oxford,
Director, Domestic Nuclear Detection Office, Department of
Homeland Security.
On December 3, 2006, Subcommittee Staff visited the Indian
Point Energy Center, a nuclear energy plant in Buchanan, New
York. This facility is owned by Energy Nuclear Northeast and is
located on the Hudson River, approximately 25 miles north of
Manhattan. The purpose of this trip was to observe nuclear
reactor facility security measures, determine how the facility
interacts with the Department of Homeland Security, and learn
about facility cooperation with State and local first
responders in order to respond to a potential attack or
accident at the facility.
BIODEFENSE
Recognizing that biological weapons pose a unique and
challenging threat to the United States, the President issued
Homeland Security Presidential Directive 10(Biodefense for the
21st Century, April 28, 2004) (HSPD-10), a strategy for a
coordinated national biodefense program. This strategy
specifies the key roles of Departments and Agencies with
biodefense missions, including the Department of Homeland
Security, the Department of Health and Human Services, and the
Department of Defense, and defined the four pillars of the
national biodefense program: Threat Awareness, Prevention and
Protection, Surveillance and Detection, and Response and
Recovery. As part of its oversight of biodefense, the
Subcommittee held extensive hearings and briefings on the
implementation of the Biodefense for the 21st Century strategy,
and focused on the Department of Homeland Security's role in
performing biological risk and threat assessments to facilitate
countermeasure research and development, biological agent
detection (BioWatch) and surveillance, agro-terrorism,
biosecurity, and other areas relating to preventing, deterring,
and mitigating the consequences of attacks involving biological
weapons.
On June 9, 2005, Subcommittee Members visited the Centers
for Disease Control and Prevention (CDC) in Atlanta, Georgia.
The Members toured CDC's Emergency Operations Center, discussed
the need for early detection and warning systems, and received
briefings on the Strategic National Stockpile and the Select
Agent Program.
The Subcommittee held a hearing entitled ``Engineering Bio-
Terror Agents: Lessons from the Offensive U.S. and Russian
Biological Weapons Programs'' on July 13, 2005. This hearing
examined known capabilities in biowarfare and examined the
technical challenges to engineering biological warfare agents
as part of a broader review of the Department of Homeland
Security's bio- threat assessment activities. The Subcommittee
received testimony from Dr. Kenneth Alibek, Executive Director,
Center for Biodefense, George Mason University; Dr. Roger
Brent, Director and President, Molecular Sciences Institute;
and Dr. Michael V. Callahan, Director, Biodefense & Mass
Casualty Care, CIMIT/Massachusetts General Hospital.
On July 28, 2005, the Subcommittee held a hearing entitled
``Implementing the National Biodefense Strategy.'' This hearing
discussed the national biodefense strategy as articulated by
HSPD-10 and examined efforts underway to prevent a bioterrorist
attack with an emphasis on the research and development of
biological agent countermeasures by the relevant agencies (the
Departments of Homeland Security, Defense, and Health and Human
Services), and their respective abilities to collaboratively
carry out the strategy of HSPD-10. The Subcommittee received
testimony from Dr. Julie Gerberding, Director, Centers for
Disease Control and Prevention, Department of Health and Human
Services; Dr. Tony Fauci, Director, National Institutes of
Allergy and Infectious Diseases, National Institutes of Health,
Department of Health and Human Services; Brigadier General Eric
B. Schoomaker, Commanding General, United States Army Medical
Research and Materiel Command; and Dr. John Vitko, Director,
Biological Countermeasure Portfolio, Science and Technology
Directorate, Department of Homeland Security.
The Subcommittee held a briefing entitled ``Biological
Weapons Threat Assessment'' on September 15, 2005.
Representatives from the Department of Homeland Security and
Harvard Medical School/Massachusetts General Hospital briefed
Members on the Department of Homeland Security's material
threat assessment (MTA) process which guides acquisitions under
Project BioShield. Due to the inherent dual use nature of
biotechnology, rapid scientific advances, and the dispersal of
scientific knowledge and capabilities biological threats pose
unique challenges. It is conceivable that development of new
bio-weapons technology could outpace the MTA process. In fact,
nine of sixteen epizoonotic agents are endemic to all
countries, and international tracking is voluntary and is not
integrated. This briefing addressed the current state of bio-
weapons risk assessment that will include intent, agent,
technology, and expertise.
On November 3, 2005 and May 4, 2006, the Subcommittee held
a series of hearings entitled ``BioScience and the Intelligence
Community.'' Intelligence is a necessary component of
Department of Homeland Security biological risk and threat
assessments which facilitate research and development of
countermeasures. The intelligence community is able to discern
or anticipate a potential terrorist threat from seemingly
innocuous research only when it has a firm grasp of cutting
edge biosciences and knows how to recognize such threats. Given
the best source for bioscience knowledge lies within the
scientific community and not within the intelligence community,
the Subcommittee focused these two hearings on how the
intelligence community utilizes bioscience experts to identify
and analyze bioterrorism risks. They also discussed how the
U.S. government can bridge the ideological gap between the
intelligence community and the bioscience community. The
Subcommittee received testimony on November 3, 2005 from Dr.
David A. Relman, Associate Professor, Microbiology and
Immunology, and of Medicine, Stanford University; Dr. David R.
Franz, Vice President and Chief Biological Scientist, Midwest
Research Institute; and Mr. Michael J. Hopmeier, Chief,
Innovative and Unconventional Concepts, Unconventional
Concepts, Inc. On May 4, 2006, the Subcommittee continued its
hearing focusing on ``Closing the Gap.'' The Subcommittee
received testimony from Ambassador Kenneth Brill, Director,
National Counterproliferation Center, Office of the Director of
National Intelligence; Mr. Charles Allen, Chief Intelligence
Officer, Department of Homeland Security; Mr. Bruce Pease,
Director, Weapons Intelligence, Nonproliferation and Arms
Control, Central Intelligence Agency; and Dr. Alan MacDougall,
Chief, Counterproliferation Support Office, Defense
Intelligence Agency accompanied by Dr. Joy Miller, Chief
Scientist, Armed Forces Medical Intelligence Center (AFMIC).
On January 6, 2006, and October 30, 2006, Subcommittee
Staff conducted site visits to the United States Army Medical
and Material Command (USAMRMC) and AFMIC at Fort Detrick,
Maryland. As part of the National Interagency Biodefense
Campus, USAMRMC and AFMIC, respectively, conduct programs and
activities relating to biological countermeasure development
and medical intelligence. The purpose of the trips was to
inform Subcommittee Staff about the these programs and
activities and how they are relevant the Department of Homeland
Security's biodefense initiatives.
The Subcommittee met in executive session to receive a
classified briefing on the Biennial Biological Risk Assessment
mandated by HSPD-10 on March 7, 2006. The Subcommittee was
briefed by representatives of the Department of Homeland
Security.
On March 28, 2006, the Subcommittee held a Member briefing
entitled ``Security Restraints on Biological Research: Where
are the boundaries?'' Experts in biosecurity from the
University of Texas Medical Branch and the University of
Louisville, Kentucky, briefed Members on the challenge of
balancing national security interests with the benefits of
openness in the bioscience research community.
The Subcommittee held a hearing entitled ``Creating a
Nation-wide, Integrated Biosurveillance Network'' on May 11,
2006. This hearing examined the status of the implementation of
Federal biosurveillance programs, and in particular, the
National Biosurveillance Integration System (NBIS). NBIS is the
Department of Homeland Security's single focal point for the
collection of human health, animal, plant, food, water,
environmental, and climate surveillance data from data feeds of
various Federal agencies and other entities. The Subcommittee
received testimony from Dr. Kimothy Smith, Chief Veterinarian,
Chief Scientist, and Acting Deputy Chief Medical Officer,
Department of Homeland Security; Dr. John Vitko, Director of
Biological Countermeasures, Directorate of Science and
Technology, Department of Homeland Security; Dr. Rich Besser,
Director, Coordinating Office of Terrorism Preparedness and
Emergency Response, Centers for Disease Control and Prevention;
Ms. Ellen Embrey, Deputy Assistant Secretary of Defense for
Force Health Protection and Readiness, Department of Defense;
and Dr. John Clifford, Deputy Administrator for Veterinary
Services, Animal and Plant Health Inspection Services,
Department of Agriculture.
On June 7, 2006, the Chairman of the Subcommittee
cosponsored a request with the Chairman of the Subcommittee on
National Security, Emerging Threats and International
Relations, Committee on Government Reform, to the Government
Accountability Office to study the consequences of the
proliferation of biosafety and biocontainment laboratories.
The Subcommittee held a field hearing in Athens, Georgia
entitled ``Agroterrorism's Perfect Storm: Where Human and
Animal Disease Collide'' on August 24, 2006. The purpose of
this hearing was to increase awareness of the relationships
between zoonotic diseases, bioterrorism, and agroterrorism. It
examined Federal prevention and preparedness strategies in this
area, analyzing various agencies' approaches and priorities in
combating agroterrorism and the threats posed by zoonotic
diseases. The Subcommittee received testimony from Dr. Edward
Knipling, Administrator, Agricultural Research Service,
Department of Agriculture; Dr. Jeff Runge, Chief Medical
Officer, Department of Homeland Security; Dr. Lonnie King,
Senior Veterinarian, Centers for Disease Control and
Prevention, Department of Health and Human Services; Dr. Corrie
Brown, Josiah Meigs Distinguished Teaching Professor, School of
Veterinary Medicine, University of Georgia; Dr. Paul Williams,
Special Assistant, Office of Homeland Security, State of
Georgia; and Mr. Gary Black, Member, Georgia Rural Development
Council, State of Georgia.
On September 7, 2006, the Subcommittee held a classified
Member briefing on the establishment of the Department of
Homeland Security's National Biodefense Analysis and
Countermeasures Center (NBACC), part of the National Biodefense
Campus at Ft. Detrick, Maryland. The briefing examined the role
of the NBACC in the Nation's biodefense strategy, the status of
its development and construction, and the plan for
transitioning its current programs to the new location once it
becomes fully operational.
On October 20, 2006, the Subcommittee Chairman joined a
group of House and Senate Members in cosponsoring a request to
the Government Accountability Office to conduct an assessment
of the Federal Government's efforts to detect and deter
biological threats. The request letter sought the examination
of the Government's methodology for determining the
effectiveness of detection technologies, the effectiveness of
technologies under development, plans in place to test and
evaluate new technologies, and costs associated with the
development of new technologies, among other issues.
Subcommittee Staff traveled to Long Island, New York, on
December 4, 2006, to tour the Plum Island Animal Disease Center
(PIADC). The Homeland Security Act of 2002 (P.L. 107-296)
transferred ownership and operation of PIADC from the
Department of Agriculture (USDA) to the Department of Homeland
Security (DHS). Plans are underway to consolidate PIADC
programs into a proposed National Biological and Agro Defense
Facility on the mainland which will be operated by DHS. Staff
visited the a PIADC biocontainment laboratory, toured the
island, observed facility security measures, and discussed DHS
and USDA research programs with PIADC scientists.
SECURING AMMONIUM NITRATE
On December 14, 2005, the Subcommittee held a hearing on
H.R. 3197, the Secure Handling of Ammonium Nitrate Act of 2005,
to discuss the need for regulation of the sale of this
potentially dangerous material and to examine the implications
of proposed regulation. The Subcommittee received testimony
from Dr. Jimmie C. Oxley, Professor of Chemistry, University of
Rhode Island; Mr. James W. McMahon, Director, New York State
Office of Homeland Security; Mr. Gary W. Black, President,
Georgia Agribusiness Council, Inc.; Mr. William Paul O'Neill,
Jr., President, International Raw Materials, testifying on
behalf of Agricultural Retailers Association; and Mr. Carl
Wallace, Plant Manager, Terra Mississippi Nitrogen, Inc.,
testifying on behalf of The Fertilizer Institute. The
Subcommittee also met on December 14, 2005 in open markup
session and favorably forwarded H.R. 3197 to the Full Committee
for consideration, amended, by a recorded vote of 9 yeas and 0
nays. On June 14, 2006, the Full Committee met in open markup
session and favorably ordered H.R. 3197 reported to the House,
amended, by voice vote.
PROLIFERANT STATES AND REDUCING THREATS OF WEAPONS OF MASS DESTRUCTION
Proliferant Nation-States that actively support terrorism
pose unique challenges to combating terrorism, in general, and
chemical, biological, radiological, and nuclear (CBRN)
terrorism in particular. In order to highlight these
challenges, the Subcommittee held a hearing on September 8,
2005 entitled ``WMD Terrorism and Proliferant States'' to
review the nature of Iranian assistance to Hezbollah and other
terrorist organizations and examined questions such as: (1)
what is the nature and extent of Iranian operational support
for terrorist attacks?; (2) what are the objectives of those
attacks?; and (3) how should that information factor into
Department of Homeland Security assessments of the threat of
CBRN terrorism. The Subcommittee received testimony from Mr.
Gregory F. Giles, Public Witness; Dr. Daniel Byman, Director,
Center for Peace and Security Studies, Georgetown University,
and Senior Fellow, Saban Center for Middle East Policy, The
Brookings Institution; and Dr. Ray Takeyh, Senior Fellow,
Middle Eastern Studies, Council on Foreign Relations.
The Subcommittee held a briefing on May 2, 2006, to examine
findings from the Defense Science Board's 2005 summer study
entitled ``Reducing Vulnerabilities to Weapons of Mass
Destruction.'' A representative from the Defense Science Board
and Thread Reduction Advisory Council reviewed the study's
findings related to countering the threat of Weapons of Mass
Destruction (WMD), prioritizing investments in WMD defense and
developing an organizational construct to best serve the
implementation of an integrated WMD defense, both nationally
and within the Department of Defense.
On June 22, 2006, the Subcommittee held a hearing entitled
``Reducing Nuclear and Biological Threats at the Source.'' This
hearing examined the danger posed when Nation States end or
diminish, leaving behind a legacy of dangerous material and
personnel with dangerous skills. In particular, the hearing
focused on the United States' efforts to prevent these
materials and skills from falling into the hands of terrorists
or their State sponsors. The Subcommittee received testimony
from Mr. Jerry Paul, Principal Deputy Administrator, National
Nuclear Security Administration, Department of Energy; Mr.
Frank Record, Acting Assistant Secretary, Bureau of
International Security and Nonproliferation, Department of
State; Mr. Jack David, Deputy Assistant Secretary,
International Security Policy, Department of Defense; Dr. Igor
Khripunov, Associate Director, Center for International Trade
and Security, University of Georgia; and Dr. David Franz Vice
President and Chief Biological Scientist, Midwest Research
Institute.
MITIGATION/CONSEQUENCES
Terrorist attacks against the United States that employ
biological or nuclear weapons have the potential to cause
catastrophic events. Mitigating the effects of such events
poses challenges unique from the requirements of mitigating the
potential destruction caused by natural disasters. Particularly
with regard to biological attacks, there may be a window of
opportunity to mitigate catastrophe because there may be a
period of latency before symptoms of a biological attack
appear.
On October 20, 2005, the Subcommittee held a hearing
entitled ``Mitigating Catastrophic Events through Effective
Medical Response.'' This hearing examined how an integrated
medical response can mitigate the consequences of a nuclear or
biological attack. The Subcommittee received testimony from Dr.
Roy L. Alson, Associate Professor, Emergency Medicine, Wake
Forest University School of Medicine; Dr. Richard Bradley,
Medical Director, Emergency Center LBJ General Hospital,
University of Texas Health Science Center at Houston; Dr.
Donald F. Thompson, Senior Research Fellow, Center for
Technology and National Security Policy, National Defense
University; and Dr. Jenny E. Freeman, President and CEO,
Hypermed, Inc.
The Subcommittee held a hearing entitled ``Nuclear Incident
Response Teams'' on October 27, 2005. The Subcommittee examined
the capabilities of these response teams, how they operate, and
how their assets are incorporated into the Department of
Homeland Security's overall strategy for preventing nuclear or
radiological attacks against the United States.
On November 10, 2005, the Subcommittee held a Member
briefing on medical countermeasures in response to a nuclear
attack. The Subcommittee was briefed by representatives from
the University of Georgia and the Center for Public Health
Preparedness and Emergency Response.
In early March 2005, three potential anthrax related
incidents occurred at Department of Defense mail facilities. On
March 24, 2006, the Subcommittee hosted a briefing for
Committee Members and Staff on those false positive incidents.
Representatives from the Department of Defense and the RAND
Corporation briefed Staff on the incident.
PANDEMIC INFLUENZA
The rapid spread of the avian influenza virus H5N1 in 2006
heightened concerns that the United States may face a 1918
Spanish flu-type pandemic that would not only affect the health
of the Nation, but could impact every sector of the economy. In
recognition of the significance of a potential avian influenza
pandemic, and because of the important coordinating role of the
Department of Homeland Security in preparing for and responding
to a potential outbreak, the Subcommittee actively conducted
oversight of Federal anti-influenza efforts.
On February 8, 2006, the Subcommittee and the Subcommittee
on Emergency Preparedness, Science, and Technology held a joint
hearing entitled ``Protecting the Homeland: Fighting Pandemic
Flu From the Front Lines.'' This hearing focused on (1) State
and local pandemic planning; (2) the role of the private
sector; (3) non-pharmacological countermeasures to mitigate the
affects of a pandemic; (4) the extent of cooperation and
coordination between public health, private health, and
traditional first responders; and (5) the appropriate role of
the Federal Government in pandemic planning and response. The
Subcommittees received testimony from Dr. Tara O'Toole, Chief
Executive Officer and Director, Center for Biosecurity,
University of Pittsburgh Medical Center; Hon. David B.
Mitchell, Secretary, Department of Safety and Homeland
Security, State of Delaware; Ms. Frances B. Phillips, Health
Officer, Anne Arundel County, Maryland Department of Health;
Mr. Ernest Blackwelder, Senior Vice President, Business Force,
Business Executives for National Security; and Dr. David C.
Seaberg, Department of Emergency Medicine, University of
Florida.
In addition, the Subcommittee, together with the
Subcommittee on Emergency Preparedness, Science and Technology,
hosted a joint Member preview briefing of the President's
Implementation Plan for the National Strategy for Pandemic
Influenza on April 6, 2006. The Members were briefed by
representatives from the White House Homeland Security Council.
On February 7, 2006, Members of the Subcommittee
participated in Exercise ``Global Tempest,'' an exercise
sponsored by the Office of the Secretary of Defense, and hosted
by the National Defense University, to assess the range of
policy issues and considerations in responding to a potential
influenza pandemic.
Subcommittee Staff traveled to Chicago, Illinois on May 31,
2006 to meet with City Department of Health officials to
discuss the challenges facing large health departments in
preparing for and responding to catastrophic biological events,
and in particular an influenza pandemic.
Committee Staff participated in a conference on November
16, 2005, entitled ``The Global Threat of Pandemic Influenza.''
This conference assessed the status of the spread of the H5N1
virus in Asia, examined virus containment and control
approaches and discussed the roles of the Federal Government
and the business community in preparing for, and responding to,
a potential influenza pandemic. Speakers included well-known
domestic and international government officials in the field of
infectious disease and public health, and experts from the
private sector, universities, a hospital and non-profit
institutions.
BIOLOGICAL AND CHEMICAL FORENSICS
On June 27, 2006, the Subcommittee held a Classified Member
briefing on Biological and Chemical Forensics. Representatives
from the Department of Homeland Security, the United States
Army's Edgewood Chemical and Biological Center, and the Federal
Bureau of Investigations briefed Members on this emerging field
of science. This field is an essential component of the
national security strategy because it enables the
identification of the sources of biological and chemical
attacks for attribution and deterrence purposes.
NONTRADITIONAL AGENTS
On July 25, 2006, the Subcommittee held a classified Member
briefing entitled: ``A Deadly New Class of Chemical Warfare
Agent: Easy to Make, Difficult to Counter.'' The briefing
provided Members an opportunity to learn about the emerging
threat of non-traditional agents (NTAs). NTAs are materials
that have received increasing interest for potential
weaponization due to their chemical and physical properties
that pose unique challenges to United States detection,
treatment and decontamination efforts.
UTILIZING THE NATION'S SCIENTIFIC RESOURCES TO PREVENT TERRORISM
As part of the Subcommittee's oversight of issues relating
to the utilization of science to prevent and deter nuclear and
biological terrorism, the Subcommittee held a hearing entitled,
``The Science of Prevention'' on September 13, 2006. This
hearing reviewed and gauged the progress of the Domestic
Nuclear Detection Office and the Directorate of Science and
Technology in developing nuclear and biological countermeasures
and examined issues such as how they are leveraging the
scientific capital of the Department of Energy national
laboratories, academia, and the private sector. The
Subcommittee received testimony from Dr. John Marburger,
Director, Office of Science and Technology Policy, Executive
Office of the President; Hon. Jay Cohen, Under Secretary for
Science and Technology, Department of Homeland Security; Mr.
Vayl Oxford, Director, Domestic Nuclear Detection Office,
Department of Homeland Security; Dr. William Happer, Cyrus Fogg
Brackett Professor of Physics, Princeton University; Dr. Ronald
Atlas, American Society of Microbiology.
On April 19, 2006, Subcommittee Staff visited the United
States Army's Edgewood Chemical and Biological Center (ECBC).
The purpose of this trip was to examine how the Department of
Homeland Security utilizes the resources of the Federal
Government to counter the threat of terrorist attacks involving
chemical, biological, nuclear, and radiological materials.
Subcommittee Staff toured newly constructed chemical
laboratories and viewed deployable mobile laboratories under
development.
Subcommittee Staff visit Argonne National Laboratory in
Argonne, Illinois, on June 1, 2006. The purpose of this visit
was to gain a better understanding of how localities can draw
on the resources of the Federal Government in detecting,
preparing for, and responding to catastrophic nuclear,
radiological, and biological events.
On August 16 and 17, 2006, Subcommittee Staff traveled to
the University of Nebraska to observe the University's Extreme
Light Laboratory and Biocontainment Facility. Staff toured the
Extreme Light Laboratory which produces a laser driven x-ray
system that could be used in radiological detection
technologies and would allow for quicker analyses of shielded
radiological materials and would be smaller that other
detection technologies. Staff also toured the new
Biocontainment Unit at the University's Medical Center in
Omaha, Nebraska. The 10-bed unit is the only biocontainment
facility open to the public to restrict the spread of
contagious disease and is the largest facility of its kind in
the Nation.
LOCAL STRATEGIES TO PREVENT TERRORISM
As part of its prevention of chemical, radiological,
biological, and nuclear terrorism prevention mission, the
Subcommittee held a hearing entitled ``Police as First
Preventers: Local Strategies in the War on Terror,'' which
focused on the importance of the role of local law enforcement
in preventing terrorism in addition to the law enforcement
community's role in responding to acts of terrorism. This
hearing, which took place on September 25, 2006, examined local
counterterrorism strategies developed by terrorist target
cities and discussed the Department of Homeland Security's role
in furthering these strategies. The Subcommittee received
testimony from Mr. Brett Lovegrove, Superintendent, City of
London Police; Mr. Ahmet Sait Yayla, Major, Ankara
Counterterrorism Division, Turkish National Police; and Chief
John F. Timoney, Chief of Police, City of Miami, Florida.
PREVENTING TERRORISM THROUGH SOCIAL AND BEHAVIORAL RESEARCH
Much emphasis has been placed on the use of the hard
sciences to detect and prevent terrorist attacks involving
chemical, biological, nuclear, and radiological weapons, but
less attention has been given to the role of social and
behavioral sciences in understanding the roots of terrorism. On
November 25, 2005, the National Center for the Study of
Terrorism and Responses to Terrorism (START) and Department of
Homeland Security Center of Excellence briefed Members on
social and behavioral research that provides insight into the
terrorist psyche. It examined why actors resort to terrorist
methods, why terrorists groups form, and why they choose to
utilize CBRN to achieve their ambitions. Representatives from
START also discussed its Global Terrorism Database--the world's
largest open source database on international and domestic
terrorist incidents.
Subcommittee on Prevention of Nuclear and Biological Attack Hearings
Held
DHS Coordination of Nuclear Detection Efforts. Hearing held
April 19 and 20, 2005. Serial No. 109-10.
Building a Nuclear Bomb: Identifying Early Indicators of
Terrorist Activities. Hearing held May 26, 2005. Serial No.
109-17.
Detecting Nuclear Weapons and Radiological Materials: How
Effective Is Available Technology? Joint hearing with the
Subcommittee on Emergency Preparedness, Science, and Technology
held June 21, 2005. Serial No. 109-22.
Pathways to the Bomb: Security of Fissile Materials Abroad.
Hearing held June 28, 2005. Serial No. 109-27.
Engineering Bio-Terror Agents: Lessons from the Offensive
U.S. and Russian Biological Weapons Programs. Hearing held July
13, 2005. Serial No. 109-30.
Implementing a National Biodefense Strategy. Hearing held
July 28, 2005. Serial No. 109-38.
WMD Terrorism and Proliferant States. Hearing held
September 8, 2005. Serial No. 109-40.
Trends in Illicit Movement of Nuclear Materials. Hearing
held September 22, 2005. Serial No. 109-41.
Mitigating Catastrophic Events through Effective Medical
Response. Hearing held October 20, 2005. Serial No. 109-48.
Nuclear Incident Response Teams. Hearing held October 27,
2005. Serial No. 109-50.
BioScience and the Intelligence Community. Hearing held
November 3, 2005 and May 4, 2006. Serial No. 109-53.
H.R. 3197, to authorize the Secretary of Homeland Security
to regulate the production, storage, sale, and distribution of
ammonium nitrate on account of the prior use of ammonium
nitrate to create explosives used in acts of terrorism and to
prevent terrorists from acquiring ammonium nitrate to create
explosives. Hearing held December 14, 2005. Serial No. 109-59.
Protecting the Homeland: Fighting Pandemic Flu From the
Front Lines. Joint hearing with the Subcommittee on Emergency
Preparedness, Science, and Technology held February 8, 2006.
Serial No. 109-61.
Creating a Nation-wide, Integrated Biosurveillance Network.
Hearing held May 11, 2006. Serial No. 109-76.
Enlisting Foreign Cooperation in U.S. Efforts to Prevent
Nuclear Smuggling. Hearing held May 25, 2006. Serial No. 109-
81.
Reducing Nuclear and Biological Threats at the Source.
Hearing held June 22, 2006. Serial No. 109-88.
Agroterrorism's Perfect Storm: Where Human and Animal
Disease Collide. Hearing held August 24, 2006. Serial No. 109-
97.
The Science of Prevention. Hearing held September 14, 2006.
Serial No. 109-103.
Police as First Preventers: Local Strategies in the War on
Terror. Hearing held September 21, 2006. Serial No. 109-105.
Subcommittee on Prevention of Nuclear and Biological Attack Markups
Held
H.R. 3197, To authorize the Secretary of Homeland Security
to regulate the production, storage, sale, and distribution of
ammonium nitrate on account of the prior use of ammonium
nitrate to create explosives used in acts of terrorism and to
prevent terrorists from acquiring ammonium nitrate to create
explosives. Forwarded to the Full Committee for consideration,
amended, by a recorded vote of 9 yeas and 0 nays. December 14,
2005.
Committee Print entitled ``Project Bioshield Material
Threats Act of 2006;'' was favorably forwarded to the Full
Committee for consideration, without amendment, by voice vote.
March 13, 2006.
Committee Print entitled ``Office of Domestic Nuclear
Detection;'' was favorably forwarded to the Full Committee for
consideration, without amendment, by voice vote. March 13,
2006.
Committee Print entitled ``Annual Report to Congress on the
Directorate of Science and Technology;'' was favorably
forwarded to the Full Committee for consideration, without
amendment, by voice vote. March 13, 2006.
Subcommittee on Prevention of Nuclear and Biological Attack Briefings
and Site Visits Held
Member briefing on Nuclear Terrorism. March 15, 2005.
Site visit to the Centers for Disease Control and
Prevention, Atlanta, Georgia. June 20, 2005.
Member briefing on Fissile Materials. June 28, 2005.
Member briefing on HSPD-10, ``Biodefense for the 21st
Century.'' October 18, 2005.
Member briefing on agroterrorism. October 25, 2005.
Member briefing on Medical Countermeasures for Nuclear
Attack. November 10, 2005.
Site visit to the Department of Homeland Security's
Radiological/Nuclear Countermeasures Test and Evaluation
Complex (Rad/NucCTEC) at the Nevada Test Site, Las Vegas,
Nevada. January 23 through 24, 2006.
Member briefing on United States nuclear research reactor
security. February 14, 2006.
Member briefing on Security Restraints on Biological
Research: Where are the boundaries? March 28, 2006.
Member briefing with the Subcommittee on Emergency
Preparedness, Science, and Technology on the implementation
plan for the President's National Strategy for Pandemic
Influenza. April 6, 2006.
Member briefing on the Defense Science Board's 2005 summer
study ``Reducing Vulnerabilities to Weapons of Mass
Destruction.'' May 2, 2006.
Member briefing on Biological and Chemical Forensics. June
27, 2006.
Member briefing on the National Biological and Agricultural
Defense Facility. July 13, 2006.
Member briefing ``A Deadly New Class of Chemical Warfare
Agent: Easy to Make, Difficult to Counter.'' July 25, 2006.
Member briefing on the status of the establishment of the
Department of Homeland Security's National Biodefense Analysis
and Countermeasures Center (NBACC). September 7, 2006.
Member briefing on social and behavioral insights to the
terrorist psyche. November 14, 2006.
Subcommittee on Economic Security, Infrastructure Protection, and
Cybersecurity
DANIEL E. LUNGREN, California, Chairman
Loretta Sanchez, California Don Young, Alaska
Edward J. Markey, Massachusetts Lamar S. Smith, Texas
Norman D. Dicks, Washington John Linder, Georgia
Peter A. DeFazio, Oregon Mark E. Souder, Indiana
Zoe Lofgren, California Mike Rogers, Alabama
Sheila Jackson-Lee, Texas Stevan Pearce, New Mexico
James R. Langevin, Rhode Island Katherine Harris, Florida
Bennie G. Thompson, Mississippi (Ex Officio)indal, Louisiana
Peter T. King, New York (Ex
Officio)
Jurisdiction: Development of strategies to protect against terrorist
attack against the United States; prioritizing risks through analytical
tools and cost/benefit analyses; prioritizing investment in critical
infrastructure protection across all sectors, including transportation
(air, land, sea, and intermodal, both domestic and international);
defeating terrorist efforts to inflict economic costs through threats
and violence; mitigation of potential consequences of terrorist attacks
on critical infrastructure, and related target hardening strategies;
border, port, and transportation security; in the wake of an attack on
one sector, ensuring the continuity of other sectors including critical
government, business, health, financial, commercial, and social service
functions; security of computer, telecommunications, information
technology, industrial control systems, electronic infrastructure, and
data systems; protecting government and private networks and computer
systems from domestic and foreign attack; preventing potential injury
to civilian populations and physical infrastructure resulting, directly
or indirectly, from cyber attacks; with respect to each of the
foregoing, assessing the impact of potential protective measures on the
free flow of commerce and the promotion of economic growth; conducting
relevant oversight; and other matters referred to the Subcommittee by
the Chairman.
------
The Subcommittee on Economic Security, Infrastructure
Protection, and Cybersecurity held 27 hearings during the 109th
Congress and received testimony from 122 witnesses. These
hearings and the Subcommittee's general oversight activities
focused on aviation security; land and maritime border
security; chemical facility security; infrastructure
protection; cybersecurity; and rail and mass transit security.
The Subcommittee's oversight has supported legislative efforts
of the Committee, as well as administrative action by the
Department of Homeland Security, to enhance the Nation's
ability to detect, prevent, mitigate, and respond to terrorist
attacks and natural disasters affecting these critical areas.
Legislative Activities of the Subcommittee on Economic Security,
Infrastructure Protection, and Cybersecurity
SAFE PORT ACT OF 2006
Public Law 109-347 H.R. 4954 (H.R. 4880, H.R. 58)
To improve maritime and cargo security through enhanced
layered defenses, and for other purposes.
Summary
H.R. 4954, the ``Security and Accountability For Every Port
Act of 2006'' provides an international, layered, and risk-
based approach to improving maritime security. The law provides
additional resources, grants, and training programs for port
personnel. The bill also requires radiation scanning of all
containers at the top 22 U.S. seaports covering 98 percent of
containers entering the U.S. and requires the Department of
Homeland Security (DHS) to develop clear response and recovery
plans in the event of a terrorist attack in a seaport.
Additionally, firm deadlines are set for the implementation of
the Transportation Worker Identification Credential (TWIC) and
a pilot program is required to ensure that card readers
installed at port facilities and vessels are reliable and
effective.
The measure also seeks to improve maritime security through
strengthening the supply chain. Additional advanced data on
cargo entering the U.S. are required prior to loading at
foreign seaports to allow for more accurate security targeting.
Three pilot projects are required to evaluate the feasibility
of conducting 100 percent scanning of containers at foreign
seaports for nuclear and radiological material. Another
provision authorizes the Customs-Trade Partnership Against
Terrorism (C-TPAT) and requires on-site validations of all
participants, and a pilot program to test the use of third
party validators. To ensure that Departmental programs and
policies on cargo and maritime security are coordinated and
accountable, the legislation establishes an Office of Cargo
Security Policy and designates a Director of International
Trade to serve as a senior advisor to the Secretary to ensure
that policies balance the need to facilitate legitimate
commerce.
Public Law 109-347 also establishes the Domestic Nuclear
Detection Office (DNDO) within the Department, authorizing it
to develop and maintain a global nuclear detection
architecture, of which the domestic portion will be implemented
by the DNDO. In addition, it modernizes the Nation's Emergency
Alert System (EAS) by permitting commercial mobile service
providers to transmit geographically-targeted emergency alerts
and warnings to the American public through cell phones,
pagers, and other mobile technologies.
Legislative History
H.R. 4954 was introduced by Mr. Daniel E. Lungren of
California, Ms. Harman, and 44 original cosponsors on March 14,
2006. The measure was referred solely to the Committee on
Homeland Security, and within the Committee it was referred to
the Subcommittee on Economic Security, Infrastructure
Protection, and Cybersecurity.
On March 16, 2006, the Subcommittee on Economic Security,
Infrastructure Protection, and Cybersecurity held a hearing on
H.R. 4954. The Subcommittee received testimony from Mr. Jayson
Ahern, Assistant Commissioner, Office of Field Operations,
Customs and Border Protection, Department of Homeland Security;
Captain Brian Salerno, Deputy Director, Inspections and
Compliance, United States Coast Guard, Department of Homeland
Security; Mr. Eugene Pentimonti, Senior Vice President,
Government Relations, Maersk, Inc; and Mr. Noel Cunningham,
Principal, Maresec Group, LLC.
On March 30, 2006, the Subcommittee on Economic Security,
Infrastructure Protection, and Cybersecurity met to consider
H.R. 4954, and ordered the measure forwarded with a favorable
recommendation to the Full Committee for consideration, as
amended, by voice vote.
On April 4, 2006, the Committee on Homeland Security held a
hearing on H.R. 4954. The Committee received testimony from
Hon. Michael P. Jackson, Deputy Secretary, Department of
Homeland Security; Ms. Bethann Rooney, Manager of Port
Security, Port Authority of New York and New Jersey; Mr.
Christopher L. Koch, President and Chief Executive Officer,
World Shipping Council; Mr. Jonathan E. Gold, Vice President,
Global Supply Chain Policy, Retail Industry Leaders
Association; and Mr. Clark Kent Ervin, private citizen, Former
Inspector General of the Department of Homeland Security.
On April 26, 2006, the Committee on Homeland Security met,
pursuant to notice, in open markup session, with a quorum being
present, and favorably ordered H.R. 4954 to be reported to the
House, amended, by voice vote.
The Chairman of the Committee on Energy and Commerce sent a
letter, on April 28, 2006, to the Chairman of the Committee on
Homeland Security indicating that in order to expedite
consideration on the House Floor, the Committee on Energy and
Commerce would waive its right to seek a sequential referral on
H.R. 4954. The letter further indicated that such waiver would
not prejudice the jurisdictional interests of the Committee on
Energy and Commerce. That same day, the Chairman of the
Committee on Homeland Security sent a letter to the Chairman of
the Committee on Energy and Commerce agreeing to the
jurisdictional interests of the Committee on Energy and
Commerce, and agreeing to an appropriate appointment of
Conferees.
The Chairman of the Committee on Science sent a letter on
April 28, 2006, to the Chairman of the Committee on Homeland
Security indicating jurisdictional interests in sections 112;
201; 1803; 1804; 1831; 1832; 1833; 202; 206; Title III; and
Title IV. The letter further indicated that in order to
expedite consideration on the House Floor, the Committee on the
Science would waive its right to seek a sequential referral on
H.R. 4954. On that same day the Chairman of the Committee on
Homeland Security sent a letter to the Chairman of the
Committee on Science agreeing to the jurisdictional interests
of the Committee on Science and agreeing to an appropriate
appointment of Conferees.
The Committee on Homeland Security reported H.R. 4954 to
the House on April 28, 2006, as H. Rpt. 109-447, Pt. I. H.R.
4954 was, subsequently, sequentially referred to the Committee
on Transportation and Infrastructure for a period ending not
later than May 1, 2006. On May 1, 2006, the Committee on
Transportation and Infrastructure was discharged from further
consideration of H.R. 4954.
The Committee on Rules met on May 2, 2006, and filed a Rule
providing for the consideration of H.R. 4954 as H. Res. 789 (H.
Rpt. 109-450).
On May 3, 2006, the Chairman of the Committee on Government
Reform sent a letter to the Chairman of the Committee on
Homeland Security indicating that in order to expedite
consideration on the House Floor, the Committee on the
Judiciary would waive its right to seek a sequential referral
of H.R. 4954. On that same day, the Chairman of the Committee
on Homeland Security sent a letter to the Chairman of the
Committee on Government Reform agreeing to the jurisdictional
interests of the Committee on Government Reform, and agreeing
to an appropriate appointment of Conferees.
On May 3, 2006, the Chairman of the Committee on Ways and
Means sent a letter to the Chairman of the Committee on
Homeland Security indicating that in order to expedite
consideration on the House Floor, the Committee on Ways and
Means would waive its right to seek a sequential referral of
H.R. 4954. In addition, the letter indicated an agreement on
language included within the Managers amendment. On that same
day, the Chairman of the Committee on Homeland Security sent a
letter to the Chairman of the Committee on Ways and Means
agreeing to the jurisdictional interests of the Committee on
Ways and Means and agreeing to an appropriate appointment of
Conferees.
On May 3, 2006, the Chairman of the Committee on the
Judiciary sent a letter to the Chairman of the Committee on
Homeland Security indicating that in order to expedite
consideration on the House Floor, the Committee on the
Judiciary would waive its right to seek a sequential referral
on H.R. 4954. On that same date, the Chairman of the Committee
on Homeland Security sent a letter to the Chairman of the
Committee on the Judiciary agreeing to the jurisdictional
interests of the Committee on the Judiciary and agreeing to an
appropriate appointment of Conferees.
The House considered and agreed to H. Res. 789, the Rule
providing for consideration of H.R. 4954 by a recorded vote of
230 yeas and 196 nays on May 3, 2006. The House then proceeded
to the consideration of H.R. 4954 and passed the bill by a
recorded vote of 421 yeas to 2 nays.
H.R. 4954 was received in the Senate on May 8, 2006, and
read for the first and second times on May 15 and 16, 2006,
respectively. The Senate considered H.R. 4954 on September 7,
8, 11, 12, 13, and 14, 2006, and passed the measure on
September 14, 2006, by a vote of 98 yeas.
On September 18, 2006, the Senate, by unanimous consent,
modified Senate Amendment No. 4997, to standardize the risk-
based funding of port security grants, which was previously
agreed to on September 14, 2006. The Senate, on September 19,
2006, insisted upon its amendment to H.R. 4954, request a
Conference with the House thereon, and appointed Conferees:
from the Committee on Homeland Security and Governmental
Affairs; the Committee on Commerce, Science, and
Transportation; the Committee on Finance; the Committee on
Banking, Housing, and Urban Affairs, and an additional
Conferee.
The House disagreed to the Senate amendment to H.R. 4954 on
September 28, 2006, and agreed to a Conference with the Senate
thereon. The Speaker appointed Conferees from the Committee on
Homeland Security; the Committee on Energy and Commerce; the
Committee on Science; the Committee on Transportation and
Infrastructure; and the Committee on Ways and Means. Conferees
from the Committee on Homeland Security for consideration of
the House bill and the Senate amendment, and modifications
committed to Conference were: Mr. King of New York, Mr. Young
of Alaska, Mr. Daniel E. Lungren of California, Mr. Linder, Mr.
Simmons, Mr. McCaul of Texas, Mr. Reichert, Mr. Thompson of
Mississippi, Ms. Loretta Sanchez of California, Mr. Markey, Ms.
Harman, and Mr. Pascrell.
The Committee of Conference met on September 28, 2006. On
September 29, 2006 the Committee of Conference filed a
Conference Report to accompany H.R. 4954 in the House as H.
Rpt. 109-711.
A modified version of H.R. 58, requiring establishment of a
Border Patrol unit for the Virgin Islands of the United States,
was included in section 126 of the Conference Report to
accompany H.R. 4954. Additionally, provisions of H.R. 4880 were
included in section 102 of the Conference Report accompanying
H.R. 4954.
The Committee on Rules met on September 29, 2006, and filed
a Rule providing for the consideration of the Conference Report
to accompany H.R. 4954 as H. Res. 1064. The House considered
and agreed the Rule on September 29, 2006 by voice vote. The
House proceeded to the consideration of the Conference Report
to accompany H.R. 4954 on September 29, 2006. On September 30
(Legislative Day of September 29), 2006, the House agreed to
the Conference Report by a recorded vote of 409 yeas and 2
nays.
The Senate agreed to the Conference Report to accompany
H.R. 4954 on September 30, 2006, by unanimous consent, clearing
the measure for the President.
The President signed H.R. 4954 into Law on October 13,
2006, as Public Law 109-347.
SHADOW WOLVES TRANSFER
H.R. 5589
To direct the Secretary of Homeland Security to transfer to
United States Immigration and Customs Enforcement all functions
of the Customs Patrol Officers unit operating on the Tohono
O'odham Indian reservation.
Summary
The ``Shadow Wolves'' are a specialized unit of Customs
Patrol Officers (CPO) created by Congress in 1972 to patrol the
international land border within the Tohono O'odham Nation, a
sovereign Indian Nation, located in the State of Arizona. After
the creation of the Department of Homeland Security, the Shadow
Wolves unit was transferred to the United States Customs and
Border Protection and placed under the administrative control
of the Tucson Sector of the Border Patrol. This reorganization
has produced uncertainty and a lack of clear direction for the
unit, negatively impacting operations and retention of
personnel. H.R. 5589 transfers the Shadow Wolves to Immigration
and Customs Enforcement (ICE), as the unit's work most closely
resembles that of ICE Special Agents who investigate and
attempt to close down large drug smuggling operations. In
addition, this section sets the pay scale of the Shadow Wolves
at the same rate as ICE Special Agents and specifies that the
Chief Customs Patrol Officer will have a rank that is
equivalent to a resident agent-in-charge of the Office of
Investigations with ICE.
Legislative History
H.R. 5589 was introduced in the House on June 12, 2006, by
Mr. Souder, Mr. Shadegg, and Mr. King of Iowa, and referred
solely to the Committee on Homeland Security. Within the
Committee, H.R. 5589 was referred to the Subcommittee on
Economic Security, Infrastructure Protection, and
Cybersecurity.
On July 10, 2006, the House agreed to suspend the Rules and
passed H.R. 5589 by voice vote.
H.R. 5589 was received in the Senate on July 11, 2006, read
twice, and referred to the Senate Committee on Homeland
Security and Governmental Affairs.
The provisions of H.R. 5589 were included in H.R. 4312 and
H.R. 4437, as introduced. See discussion of H.R. 4437 listed
above.
MORE BORDER PATROL AGENTS NOW ACT OF 2006
H.R. 6160
To recruit and retain Border Patrol agents.
Summary
H.R. 6160, the ``More Border Patrol Agents Now Act,''
directs the Secretary of Homeland Security to submit to
Congress a plan on recruiting and retaining skilled Border
Patrol agents. Among other things, H.R. 6160 authorizes the
Department of Homeland Security to offer recruitment and
retention salary bonuses.
Legislative History
H.R. 6160 was introduced in the House on September 25,
2006, by Mr. Rogers of Alabama, Mr. Issa, Mr. McCotter, Ms.
Harris, and Mr. Gary G. Miller of California, and referred to
the Committee on Homeland Security and the Committee on
Government Reform. Within the Committee on Homeland Security,
H.R. 6160 was referred to the Subcommittee on Economic
Security, Infrastructure Protection, and Cybersecurity.
On September 26, 2006, the House agreed to suspend the
Rules and passed H.R. 6160 by voice vote.
H.R. 6160 was received in the Senate and held at the Desk
on September 27, 2006.
SECURE BORDER INITIATIVE FINANCIAL ACCOUNTABILITY ACT OF 2006
H.R. 6162
To require financial accountability with respect to certain
contract actions related to the Secure Border Initiative of the
Department of Homeland Security.
Summary
The Secure Border Initiative (SBI) is the successor program
to the Integrated Surveillance Intelligence System (ISIS) and
the Remote Video Surveillance (RVS) program. SBI is a
comprehensive, multi-year program composed of a mix of
personnel, infrastructure, and technology to gain operational
control of the Nation's borders. To ensure the financial
integrity of the new border security contract, H.R. 6162
directs the Inspector General of the Department of Homeland
Security to: (1) determine whether each contract action related
to SBI with a value greater than $20 million complies with cost
requirements, performance objectives, program milestones,
inclusion of small, minority, and women-owned business, and
time lines; (2) submit findings to the Secretary of Homeland
Security, including regarding cost overruns, delays in contract
execution, lack of rigorous contract management, insufficient
financial oversight, bundling that limits the ability of small
business to compete, or other high risk business practices; and
(3) refer information regarding improper conduct or wrongdoing
to the appropriate Departmental official for purposes of
evaluating whether to suspend or debar a contractor. This bill
also requires the Secretary to report to Congress any findings
or processes in place to address any problems within SBI as
identified by the Inspector General.
Legislative History
H.R. 6162 which was introduced on September 25, 2006, by
Mr. Rogers of Alabama, Mr. Thompson of Mississippi, and Mr.
McCotter, and referred solely to the Committee on Homeland
Security. Within the Committee on Homeland Security, H.R. 6162
was referred to the Subcommittee on Economic Security,
Infrastructure Protection, and Cybersecurity.
On September 28, 2006, the House agreed to suspend the
Rules and pass H.R. 6162 by voice vote. H.R. 6162 was received
in the Senate and held at the Desk on that same date.
As introduced, H.R. 5441 included the text of H.R. 6162.
See discussion of H.R. 5441 listed above.
CHEMICAL FACILITY ANTI-TERRORISM ACT OF 2006
H.R. 5695
To amend the Homeland Security Act of 2002 to provide for
the regulation of certain chemical facilities, and for other
purposes.
Summary
H.R. 5695 gives the Department of Homeland Security the
authority to regulate security at chemical facilities. The bill
further requires the Secretary to assess the risk of each of
the 15,000 chemical facilities and place them into tiers. The
bill requires that the Secretary implement regulations to
require vulnerability assessments and security plans. The
Secretary is directed to require security measures commensurate
with the level of risk at each facility. The bill also requires
that the regulations be performance-based, setting overall
standards for security at each facility, but allowing
individual facilities flexibility in how to meet those
performance requirements. Additionally, H.R. 5695 establishes a
submission and approval process for the assessments and plans,
provides civil and criminal penalties for non-compliance, and
provides protection of information developed under this bill.
Legislative History
Prior to the introduction of H.R. 5695, on June 15, 2005,
the Subcommittee on Economic Security, Infrastructure
Protection, and Cybersecurity held a hearing entitled
``Preventing Terrorist Attacks on America's Chemical Plants.''
The Subcommittee received testimony from Mr. Robert Stephan,
Assistant Secretary for Infrastructure Protection, Department
of Homeland Security; Mr. Frank J. Cilluffo, Director, Homeland
Security Policy Institute, The George Washington University;
Mr. Stephen Bandy, Manager, Corporate Safety and Security,
Marathon Ashland Petroleum, LLC, testifying on behalf of the
National Petrochemical and Refiners Association and the
American Petroleum Institute; Mr. Marty Durbin, Managing
Director of Security and Operations, American Chemistry
Council; Mr. Allen Summers, President and Chief Executive
Office, Asmark, Inc., testifying on behalf of The Fertilizer
Institute; and Mr. Sal DePasquale, Security Specialist, CH2M
Hill and the University of Georgia.
H.R. 5695 was introduced on June 28, 2006, by Mr. Daniel E.
Lungren of California, Mr. Thompson of Mississippi, and nine
original cosponsors, and referred to the Committee on Homeland
Security, and the Committee on Energy and Commerce. Within the
Committee on Homeland Security, H.R. 5695 was referred to the
Subcommittee on Economic Security, Infrastructure Protection,
and Cybersecurity.
On June 29, 2006, the Subcommittee on Economic Security,
Infrastructure Protection, and Cybersecurity held a hearing on
H.R. 5695. The Subcommittee received testimony from Hon.
Michael A.L. Balboni, Senator, New York State Senate; Mr. P.J.
Crowley, Senior Fellow and Director of National Defense and
Homeland Security, Center for American Progress; Mr. Scott
Berger, Director of the Center for Chemical Process Safety,
American Institute of Chemical Engineers; and Mr. Marty Durbin,
Director of Federal Affairs, American Chemistry Council.
The Subcommittee on Economic Security, Infrastructure
Protection, and Cybersecurity considered H.R. 5695, on July 11,
2006, and ordered the bill forwarded to the Full Committee
favorably for consideration, amended, by voice vote.
The Committee on Homeland Security considered H.R. 5695 on
July 27 and 28, 2006, and ordered the measure reported to the
House, amended, by voice vote. The Committee on Homeland
Security reported to the House on September 29, 2006 as H. Rpt.
109-707, Pt. I.
The referral of the bill to the Committee on Energy and
Commerce was extended for a period ending not later than
November 17, 2006. Referral of the bill to the Committee on
Energy and Commerce was extended on November 17, 2006 for a
period ending not later than December 8, 2006.
DEPARTMENT OF HOMELAND SECURITY CYBERSECURITY ENHANCEMENT ACT OF 2005
H.R. 285
To amend the Homeland Security Act of 2002 to enhance
cybersecurity, and for other purposes.
Summary
H.R. 285, establishes within the Department of Homeland
Security (DHS) a National Cybersecurity Office, headed by an
Assistant Secretary for Cybersecurity, who would have primary
authority within the Department for both, all cybersecurity-
related critical infrastructure programs of DHS as well as the
National Communications System. The bill enumerates the
responsibilities of the Assistant Secretary including
establishing and managing a national cybersecurity response
system; a National cybersecurity threat and vulnerability
reduction program; a national cybersecurity awareness and
training program; a Government cybersecurity program; and a
national security and international cybersecurity cooperation
program. The bill also requires the Assistant Secretary to
coordinate and share information with the private sector as
well as other Federal agencies regarding cybersecurity-related
programs, policies and operations.
Legislative History
H.R. 285 was introduced on January 6, 2005, by Mr.
Thornberry and Ms. Zoe Lofgren of California, and referred
solely to the Committee on Homeland Security. Within the
Committee, H.R. 285 was referred to the Subcommittee on
Economic Security, Infrastructure Protection, and
Cybersecurity, and the Subcommittee on Management, Integration,
and Oversight.
On April 20, 2005, the Subcommittee on Economic Security,
Infrastructure Protection, and Cybersecurity held a hearing on
H.R. 285. The Subcommittee received testimony from Mr. Amit
Yoran, President, Yoran Associates; Mr. Harris Miller,
President, Information Technology Association of America; Mr.
Paul Kurtz, Executive Director, Cyber Security Industry
Alliance; Ms. Catherine Allen, President and CEO, BITS,
Financial Services Roundtable; and Mr. Ken Silva, Chairman of
the Board of Directors, Internet Security Alliance.
On April 20, 2005, the Subcommittee on Economic Security,
Infrastructure Protection, and Cybersecurity considered H.R.
285 and ordered the measure favorably reported to the Full
Committee for consideration, without amendment, by voice vote.
On that same date, the Subcommittee on Management, Integration,
and Oversight discharged itself from further consideration of
H.R. 285. No further action occurred on H.R. 285.
MARITIME TERMINAL SECURITY ENHANCEMENT ACT OF 2006
H.R. 4880
To direct the Commandant of the Coast Guard to require that
a security plan for a maritime facility be resubmitted for
approval upon transfer of ownership or operation of such
facility, and for other purposes.
Summary
H.R. 4880 requires security plans at port facilities be
updated and resubmitted to the United States Coast Guard after
any transfer of ownership or operation of a terminal and
requires that all facility security officers be citizens of the
United States. Additional provisions set deadlines for the
implementation of security card programs at ports, sets a
deadline for the development of a long range vessel tracking
program, and mandates 100 percent inspection of cargo bound for
the U.S. at foreign seaports.
Legislative History
H.R. 4880 was introduced by Mr. LoBiondo and twenty-three
original cosponsors on March 6, 2006, and referred to the
Committee on Transportation and Infrastructure, and the
Committee on Homeland Security. Within the Committee on
Homeland Security the measure was referred on to the
Subcommittee on Economic Security, Infrastructure Protection,
and Cybersecurity.
The Chairman of the Committee on Homeland Security sent a
letter to the Speaker of the House on September 20, 2006,
agreeing to discharge the Committee on Homeland Security from
further consideration of H.R. 4880.
The Committee on Transportation and Infrastructure reported
H.R. 4880 to the House on September 29, 2006, as H. Rpt. 109-
709, Pt. 1. On that date, the referral of the measure to the
Committee on Homeland Security was extended for a period ending
not later than November 17, 2006. On November 17, 2006,
referral of the measure to the Committee on Homeland Security
was extended for a period ending not later than December 8,
2006.
SAFE TRUCKERS ACT OF 2006
H.R. 5604
To require motor vehicle operators transporting security
sensitive material in commerce to obtain a permit from the
Secretary of Homeland Security, and for other purposes.
Summary
Section 1012 of the ``Uniting and Strengthening America by
Providing Appropriate Tools Required to Intercept and Obstruct
Terrorism'' (USA PATRIOT) (P.L. 107-56) prohibits States from
issuing a commercial drivers license (CDL) to an individual to
operate a motor vehicle (truck) to transport hazardous
materials (HAZMAT) for commercial purposes unless the Secretary
of Transportation has determined that the individual does not
pose a security risk. This responsibility was delegated to the
Transportation Security Administration (TSA), which became a
part of the Department of Homeland Security in 2003. In May
2005, TSA began implementing this requirement for all hazardous
materials endorsement (HME) drivers. Under the provisions of
the USA PATRIOT Act, the TSA was required to conduct background
checks on all 2.7 million HME drivers, although a majority of
HAZMAT is not a security threat.
H.R. 5604, the ``SAFE Truckers Act'' requires the TSA to
distinguish certain materials as security sensitive, and
requires individuals transporting those materials to undergo
the extensive fingerprint-based criminal history background
check. H.R. 5604 includes amendments to section 1012 of the USA
PATRIOT Act, the existing statute. The changes require a name-
based check for drivers obtaining a HME, but not a criminal
records check thereby reducing the number of drivers who must
undergo the fingerprint-based check without reducing security.
H.R. 5604 also included provisions to reduce the cost for
drivers who hold other similar cards, such as the
Transportation Worker Identification Credential (TWIC), and
would require a study of ways to reduce redundancies between
these programs.
Legislative History
Prior to introduction, on November 1, 2005, the
Subcommittee on Economic Security, Infrastructure Protection,
and Cybersecurity held a hearing entitled ``Reforming HAZMAT
Trucking Security.'' The Subcommittee received testimony from
Mr. Stephen Russell, Chairman and CEO Celadon Group Inc.,
testifying on behalf of the American Trucking Association; Mr.
Michael Laizure, Owner-Operator, Time Critical Ordnance
Transport, testifying on behalf of The Owner-Operator
Independent Drivers Association; Mr. Gary Brown, General
Counsel, Pyro Spectaculars, testifying on behalf of the
American Pyrotechnics Association, et al; Ms. Linda Lewis-
Pickett, President and CEO, American Association of Motor
Vehicle Administrators; Mr. Scott Madar, Assistant Director,
Safety and Health Department, International Brotherhood of
Teamsters; Mr. Justin Oberman, Assistant Director,
Transportation Threat Assessment & Credentialing,
Transportation Security Administration, Department of Homeland
Security; and Mr. Robert McGuire, Associate Administrator,
Pipeline & Hazardous Materials Safety Administration,
Department of Transportation.
H.R. 5604 was introduced by Mr. Daniel E. Lungren of
California, Ms. Loretta Sanchez of California, and seven
original cosponsors on June 14, 2006, and referred solely to
the Committee on Homeland Security. Within the Committee, the
measure was referred to the Subcommittee on Economic Security,
Infrastructure Protection, and Cybersecurity.
The Subcommittee on Economic Security, Infrastructure
Protection, and Cybersecurity held a hearing on June 16, 2006.
The Subcommittee received testimony from Hon. Kip Hawley,
Administrator, Transportation Security Administration,
Department of Homeland Security; Mr. David S. McClimon,
President, Con-Way, Inc., on behalf of the American Trucking
Association; and Mr. Todd Spencer, Executive Vice President,
Owner-Operator Independent Drivers Association.
The Subcommittee on Economic Security, Infrastructure
Protection, and Cybersecurity met on June 22, 2006, to consider
H.R. 5604 and forwarded the measure to the Full Committee,
amended, by voice vote.
RECREATIONAL BOATERS STREAMLINED INSPECTION ACT
H.R. 1509
To create an inspection program that uses videophone
systems at certain points of entry in Florida to satisfy
customs and immigration reporting requirements.
Summary
H.R. 1509, the ``Recreational Boaters Streamlined
Inspection Act,'' requires the Secretary of Homeland Security
to establish an inspection program that uses a videophone
system at specified points of entry in Florida whereby
recreational vessels may report to an appropriate official of
the Department of Homeland Security (DHS) for purposes of
compliance with customs laws and for lawful entry into the
United States under immigration laws.
Legislative History
H.R. 1509 was introduced in the House on April 6, 2005, by
Mr. Foley and Mr. Shaw, and referred solely to the Committee on
Homeland Security. Within the Committee on Homeland Security,
H.R. 1059 was referred to the Subcommittee on Economic
Security, Infrastructure Protection, and Cybersecurity.
On Thursday, May 19, 2005, the Subcommittee on Economic
Security, Infrastructure Protection, and Cybersecurity held a
hearing on H.R. 1509, the Recreational Boaters Streamlined
Inspection Act. The Subcommittee received testimony from Hon.
Mark Foley, a Representative in Congress from the State of
Florida; Mr. Jim Ellis, President, Boat Owners Association of
The United States BOAT/U.S.; and Mr. Robert Jacksta, Executive
Director, Border Security and Facilitation, Office of Field
Operations, Customs and Border Protection, Department of
Homeland Security.
Oversight Activities of the Subcommittee on Economic Security,
Infrastructure Protection, and Cybersecurity
SCREENING OF AIRLINE PASSENGERS AND BAGGAGE
The prescreening of passengers at airports is an important
component of the Transportation Security Administration's (TSA)
layered approach to security. In response to concern about the
high percentage of airline passengers selected for secondary
screening under the Computer Assisted Passenger Prescreening
System (CAPPS), the Subcommittee held a Member briefing on
September 29, 2005. Members were briefed by representatives
from TSA and examined the systems and policies employed by TSA
to prescreen domestic air travelers.
On July 13 and 19, 2005, the Subcommittee held a hearing
entitled ``Leveraging Technology to Improve Aviation
Security.'' The Subcommittee received testimony from Mr. Louis
Parker, President and Chief Executive Officer, General Electric
Security; Mr. Allen Barber, President, L-3 Communications
Security and Detection Systems, Inc.; Mr. Todd Hauptli, Senior
Executive Vice President, American Association of Airport
Executives; Ms. Cathleen Barrick, Director, Homeland Security
and Justice, Government Accountability Office; Mr. Anthony R.
Fabiano, President and Chief Executive Officer, American
Science and Engineering, Inc.; Mr. John W. Wood, Jr., President
and Chief Executive Officer, Analogic; Mr. Deepak Chopra,
President, OSI Systems, Inc.; Mr. Cherif Rizkalla, President,
Smiths Detection, Americas; Mr. Rick Rowe, Chief Executive
Officer, SafeView, Inc. On July 19, 2005, the Subcommittee
received testimony from Mr. Clifford A. Wilke, Assistant
Administrator and Chief Technology Officer, Transportation
Security Administration, Department of Homeland Security. This
hearing examined TSA's progress in implementing a full-scale
development and deployment strategy for current and emerging
technology for passenger screening.
Nine Federal agencies, including the Department of Defense,
Department of Justice, Department of State, Department of
Transportation, and Department of the Treasury, have developed
and maintain 12 distinct watch lists. The master terrorist
watch list is maintained at the Terrorist Screening Center
(TSC). Each list contains a wide variety of data, including
biographical information, such as name and date of birth. On
June 29, 2005, the Subcommittee held a hearing entitled
``Improving Pre-Screening of Aviation Passengers against
Terrorist and Other Watch Lists.'' The Subcommittee received
testimony from Hon. John B. Anderson, Former United States
Representative to Congress from Illinois; Mr. James C. May,
President and Chief Executive Officer, Air Transport
Association; Mr. Paul Rosenzweig, Senior Legal Research Fellow,
Center for Legal and Judicial Studies, The Heritage Foundation;
Mr. James X. Dempsey, Executive Director, Center for Democracy
and Technology; and Mr. Justin Oberman, Assistant
Administrator, Secure Flight and Registered Traveler,
Department of Homeland Security. The hearing focused on the
systems and policies used by TSA to prescreen domestic air
travelers and identify known and suspected terrorists. In
addition, the hearing examined the high percentage of air
travelers that are misidentified under the existing system, and
considered options to rectify the problem.
On March 30, 2006, the Subcommittee hosted a classified
Member briefing on the TSA airline passenger prescreening
watchlist. Members were briefed by the Director of the
Terrorist Screening Center and supported by representatives of
the Central Intelligence Agency and TSA. The briefing focused
on the quality of data included in the Terrorist Screening
Center database, used by TSA to conduct terrorist watchlist
checks.
In addition, the Subcommittee Staff visited the
Transportation Security Lab in Atlantic City, New Jersey, on
October 24, 2006 and received a briefing on the Department's
latest efforts to develop technology to identify liquid
explosives as well as to examine the technology being reviewed
for the next-generation of passenger and baggage screening
devices.
On October 28, 2006, Committee Staff visited the Boston,
Massachusetts headquarters of two major manufacturers of
baggage screening technology to examine their efforts to
produce cutting edge baggage screening technology. Staff also
examined the latest in-line baggage screening technology used
at Logan International Airport. In addition, Staff received a
briefing from the Logan International Airport Security officer
on the Screening Passenger Observation Techniques Program,
which was developed and implemented at Logan Airport.
SECURE FLIGHT PROGRAM
The Transportation Security Administration (TSA) developed
the Secure Flight program to communicate with airlines to
obtain a limited amount of passenger information when
reservations are made for flights. TSA then checks the
passenger information against the terrorist watchlist
maintained at the Terrorist Screening Center (TSC).
On May 20, 2005, the Chairman and the Ranking Member of the
Committee on Homeland Security, the Chairman and Ranking Member
of the Committee on Transportation and Infrastructure, and the
Chairman of the Committee on Government Reform sent a letter to
the Government Accountability Office (GAO) requesting a follow-
up report to GAO 05-356: Aviation Security: Secure Flight
Development and Testing Under Way, but Risks Should Be Managed
as System Is Further Developed. The Chairman of the Committee
received a response from GAO on June 2, 2005 indicating that
GAO would comply with the request.
IMPROVING MANAGEMENT OF THE SCREENING WORKFORCE
On July 28, 2005, the Subcommittee held a hearing entitled
``Improving Management of the Aviation Screening Workforce.''
The Subcommittee received testimony from Mr. James Bennett,
President and Chief Executive Officer, Metropolitan Washington
Airports Authority, testifying on behalf of the Airports
Council International-North America/The American Association of
Airport Executives; Mr. John Martin, Director, San Francisco
International Airport; Mr. William DeCota, Director of
Aviation, the Port Authority of New York and New Jersey; Mr.
Mark Brewer, President and CEO, Rhode Island Airport
Corporation; Mr. John DeMell, President, FirstLine
Transportation Security, Inc.; Mr. Robert Poole, Director of
Transportation Studies, and Founder, Reason Foundation; and Mr.
Thomas Blank, Acting Deputy Administrator, Transportation
Security Administration, Department of Homeland Security. This
hearing focused on the Transportation Security Administration's
centralized system of allocating screeners to the Nation's
commercial airports.
TRANSPORTATION SECURITY ADMINISTRATION SCREENING OF PILOTS
Under current regulations, pilots are required to be
screened at security checkpoints. On May 13, 2005, the
Subcommittee held a hearing entitled ``The Transportation
Security Administration's Screening of Airline Pilots: Sound
Security Practice or Waste of Scarce Resources?'' The
Subcommittee received testimony from Ms. Debra Burlingame,
Member, 9/11 Families for a Secure America; Captain Duane
Woerth, President, Airline Pilots Association; and Ms. Candace
Kolander, Flight Attendant, Alaska Air, testifying on behalf of
the Association of Flight Attendants--Communication Workers of
America (AFA-CWA). The hearing focused on TSA's policy to treat
commercial airline pilots the same as the general public for
screening purposes and examined whether it is the best use of
TSA's resources.
REGISTERED TRAVELER PROGRAM
The Transportation Security Administration (TSA) developed
the Registered Traveler program to expedite security screening
for airline passengers who submit to extensive background
checks and identity verification procedures. On June 9 and 16,
2005, the Subcommittee held a hearing entitled ``The Promise of
Registered Traveler.'' The Subcommittee received testimony from
Mr. C. Stewart Verdery, Jr., Principal, Mehlman Vogel
Castagnetti, Inc.; Mr. William Connors, Executive Director,
National Business Travel Association; Mr. Jim Harper, Director
of Information Policy Studies, The CATO Institute; Ms. Brigitte
Goersch, Director of Security, Greater Orlando Aviation
Authority; and Mr. Robert Isom, Senior Vice President, Customer
Service, Northwest Airlines, Inc. On June 16, 2005, the
Subcommittee received testimony from Mr. Thomas Blank, Acting
Deputy Director, Transportation Security Administration,
Department of Homeland Security. This hearing focused on the
benefits and challenges of the Registered Traveler Program and
the results of the pilot.
On November 3, 2005, the Subcommittee held a hearing
entitled ``The Future of TSA's Registered Traveler Program.''
The Subcommittee received testimony from Hon. Kip Hawley,
Assistant Secretary, Transportation Security Administration,
Department of Homeland Security; Mr. Charles Barclay,
President, American Association of Airport Executives; Mr.
Steven Brill, Founder and Chief Executive Officer, Verified
Identity Pass, Inc.; Mr. Lawrence J. Zmuda, Partner, Homeland
Security, Unisys Corporation; and Mr. Marc Rotenberg, Executive
Director, Electronic Privacy Information Center National
Office. This hearing examined the current state, and projected
outcome, of the Registered Traveler program.
PROHIBITED ITEMS LIST
The Transportation Security Administration (TSA) has an
extensive list of items, including knives, flares, and
gasoline, that are prohibited from being carried on board an
aircraft. TSA has made numerous adjustments to the prohibited
items list over the past four years.
On December 16, 2005, Members of the Subcommittee received
a briefing by representatives from TSA on changes made to the
prohibited items list. As a follow-up to this briefing, the
Subcommittee and the Subcommittee on Intelligence, Information
Sharing, and Terrorism Risk Assessment received a joint
classified Member briefing on March 2, 2006, on terrorist plots
involving United States aircraft. The Administrator of TSA
briefed the Members on the decision-making process behind the
prohibited items list, as part of the larger TSA security
strategy.
As a result of intelligence received by the Department of
Homeland Security, the prohibited items list was modified in
August 2006 to include liquid materials. The Administrator of
TSA briefed Members of the Subcommittee on September 14, 2006,
to explain the changes to the list.
FEDERAL AIR MARSHAL SERVICE
The purpose of the U.S. Federal Air Marshal Service (FAMS)
is to promote confidence in civil aviation by effectively
deploying agents to detect, deter, and defeat hostile acts
targeting air carriers, airports, passengers, and crews. On
September 27, 2005, Members of the Subcommittee received a
briefing on the status of FAMs. On October 24, 2006, Committee
Staff visited the FAMS Training Center in Atlantic City, New
Jersey. Staff toured the facility and were briefed on Federal
Air Marshal training and the FAMS management of the Federal
Flight Deck Officer and the Self-Defense Training Programs.
MARITIME AND SUPPLY CHAIN SECURITY
On January 18, 2005, Subcommittee Staff received a briefing
from the Department of Homeland Security on plans to deploy
additional radiation detection equipment at seaports in the
United States, expansion of the Container Security Initiative
(CSI), and the status of validations of participants of the
Customs-Trade Partnership Against Terrorism (C-TPAT).
Subcommittee Staff toured the National Targeting Center
(NTC), a United States Customs and Border Protection (CBP)
facility responsible for targeting and analyzing all
individuals and cargo entering the United States on February 4,
2005. During the tour, Staff reviewed NTC operations, staffing,
and targeting capabilities.
On March 31, 2005, Subcommittee Staff toured and received
briefings at the Port of Norfolk. Staff met with
representatives of the Virginia Port Authority and Department
of Homeland Security. Staff reviewed the Department's
inspection capabilities and gained a better understanding of
how security can improve efficiencies at ports.
Committee Staff received a briefing from CBP on the
implementation of recovery plans at ports in the aftermath of
Hurricane Katrina on September 20, 2005.
Regular exercises and training programs are a key element
of facilitating efficient and coordinated response efforts.
These programs ensure that appropriate personnel in seaports
have the necessary skills and tools at their disposal in the
case of an emergency. On September 14, 2005, officials from the
Transportation Security Administration (TSA) and the United
States Coast Guard provided a briefing for Subcommittee Staff
on the Port Step program. Port Step is a joint training and
exercise program managed by TSA and the Coast Guard to enhance
the security of our Nation's ports. The program primarily uses
tabletop exercises for port officials and emergency response
personnel. The briefing focused on the components of the
program, the capacity for conducting training, and the link
between this training program and other training conducted
through the port security grant program.
On January 20, 2006, Subcommittee Staff received a briefing
from CBP on CSI. The briefing provided Staff with insight of
CBP's plans to expand CSI to 50 locations by the end of 2006,
which will cover 80 percent of maritime cargo containers coming
to the United States.
Subcommittee Staff received a briefing from CBP on January
26, 2006 regarding the C-TPAT program. The briefing focused the
program's new internal records system, called C-TPAT Tracker,
which tracks all online submissions, as well as additional
revisions to the Automated Targeting System (ATS) to enhance
targeting capabilities.
On March 16, 2006, the Subcommittee held a hearing on H.R.
4954, the ``Security and Accountability for Every Port Act.''
The Subcommittee received testimony from Mr. Jayson Ahern,
Assistant Commissioner, Office of Field Operations, United
States Customs and Border Protection, Department of Homeland
Security; Captain Brian Salerno, Deputy Director, Inspections &
Compliance, United States Coast Guard, Department of Homeland
Security; Mr. Eugene Pentimonti, Senior Vice President,
Government Relations, Maersk, Inc.; and Mr. Noel Cunningham,
Principal, MARSEC Group. The hearing focused on the provisions
of H.R. 4954, which sought to improve security by expanding
capabilities, maximizing available resources, and pushing our
borders outward.
The Subcommittee conducted a site visit of the Ports of Los
Angeles and Long Beach on March 17, 2006. The site visit
included a roundtable discussion with port security experts and
operational entities, as well as a tour of the facilities.
Subcommittee Members toured port terminals to review security
procedures and inspection capabilities. Additionally, Members
reviewed site access problems at the seaport and discussed the
implementation of the Transportation Worker Identification
Credential (TWIC).
PORT SECURITY AND THE U.S. COAST GUARD
The United States Coast Guard's homeland security missions
are not new, but have become more visible since the tragic
events of September 11, 2001. The Subcommittee has particularly
focused on the homeland security missions of the Coast Guard
described in section 888(a)(2) of the Homeland Security Act of
2002 (P.L. 107-296), which are: (1) ports, waterways, and
coastal security; (2) drug interdiction; (3) migrant
interdiction; (4) defense readiness; and (5) other law
enforcement. Through hearings, multiple briefings with United
States Coast Guard personnel and other maritime security
stakeholders and several site visits, the Subcommittee has
addressed numerous different aspects of the homeland security
missions of the Coast Guard.
On March 29, 2005, Subcommittee Staff received a tour and
briefing at the United States Coast Guard Headquarters on the
port security missions of the Coast Guard. The briefing focused
on the importance of maritime domain awareness, the need for
additional vessel tracking capabilities, the feasibility of
establishing additional joint operations centers to facilitate
coordination and information sharing, and the value of the
Maritime Safety and Security Team (MSST).
Subcommittee Staff received a briefing from representatives
of the U.S. Coast Guard on May 10, 2005 regarding the Deepwater
acquisition and how the program was restructured to address
homeland security missions.
On June 8, 2005, the Subcommittee held a hearing entitled
``The Homeland Security Missions of the Post-9/11 Coast
Guard.'' The Subcommittee received testimony from Admiral
Thomas Collins, Commandant, United States Coast Guard,
Department of Homeland Security. During this hearing, the
Subcommittee examined the homeland security missions of the
Coast Guard, the related impact of the war on terrorism, and
the transfer of the Coast Guard into the Department of Homeland
Security.
On November 11, 2005, Members of the Committee on Homeland
Security were appointed as conferees to the Coast Guard
Authorization Act of 2005 (P.L. 109-241) because of the
important role the Coast Guard plays in Homeland Security.
Subcommittee Staff received a briefing from the Coast Guard
on November 30, 2005 regarding modifications to the design and
cost estimates for the National Security Cutter (NSC). These
modifications were made to meet additional homeland security
missions of the Coast Guard. On January 18, 2006, Subcommittee
Staff received another briefing from the Coast Guard, this one
focused on maritime domain awareness, Project Hawkeye in Miami,
which is a pilot to share information with Harbor Police, and
joint harbor operations centers.
From August 4 though 10, 2006, Subcommittee Staff conducted
site visits in Juneau, Alaska; Astoria, Oregon; and Seattle,
Washington to view Coast Guard assets and review Coast Guard
missions. These Staff visits provided key background
information on the Coast Guard mission in the Pacific Northwest
and the unique challenges posed by the large distances and
severe weather conditions that are characteristic of this
region of the country. The Coast Guard assets in the ports of
Juneau and Seattle are positioned with an emphasis on port and
waterway security due to the large amount of cruise ship
traffic in the former and cargo and ferry traffic in the
latter. The original MSST is stationed in Seattle due to the
unique environment and heavy marine traffic in Puget Sound. By
examining MSST and its capabilities first hand, Staff gained an
understanding of the appropriate use, and deployment, of
similar MSSTs around the country to provide port and waterway
security.
Subcommittee Staff traveled to Pascagoula, Mississippi; Key
West, Florida; and Miami, Florida from November 10 through 14,
2006 to view Coast Guard patrol boat assets assigned to
homeland security missions. The Coast Guard is currently
experiencing a mission gap in patrol boat hours. To alleviate
this mission gap, the Coast Guard has leased patrol boats from
the United States Navy. Two of these leased vessels are
stationed in Pascagoula, Mississippi. Staff visited the Coast
Guard Cutter SHAMAL to learn more about the 179-foot patrol
boat's capabilities and effectiveness in performing Coast Guard
missions. In addition, the Coast Guard has had various problems
with its 123-foot Island Class coastal patrol boats, all of
which are stationed in Key West, Florida. Subcommittee Staff
visited Coast Guard Sector Key West to tour the vessels and to
view the structural and electronic problems of these vessels,
which are tasked with illegal drug and alien/migrant
interdiction in the Straits of Florida, a key homeland security
mission. In Miami, Subcommittee Staff witnessed how the Coast
Guard is working with the Port of Miami to secure the world's
busiest cruise ship terminal, which is adjacent to a large
container terminal.
ENTRY DOCUMENTS
The Subcommittee was concerned about establishing efficient
and accurate systems to confirm the identity of travelers
coming to the United States and to ensure that terrorists are
not able to obtain or falsify travel documents. On April 7,
2005, the Subcommittee Staff received a briefing on Border
Crossing Cards (BCCs) from the Department of State, United
States Customs and Border Protection (CBP), and the United
States Visitor and Immigrant Status Indicator Technology (US-
VISIT) Program Office. The briefing focused on security
procedures for issuing cards, verification and fraud problems,
and the need to reform the cards to provide reliable identity
verification.
On June 16, 2005, Subcommittee Staff received a briefing
from the Department of State on the Consular Consolidated
Database, which contains information on all visa applicants.
The Department of State uses facial recognition technology to
compare photographs of the visa applicant with previously
submitted photos to detect mismatches. There are currently 40
million photos in the Department of State's database, including
photos of individuals that have been refused visas.
The Subcommittee held a hearing on June 22, 2005 entitled
``Ensuring the Security of America's Borders through the Use of
Biometric Passports and Other Identity Documents.'' The
Subcommittee received testimony from Ms. Elaine Dezenski,
Acting Assistant Secretary, Directorate for Border and
Transportation Security, Department of Homeland Security; Mr.
Frank Moss, Deputy Assistant Secretary, Consular Affairs,
Department of State; Dr. Martin Herman, Information Access
Division Chief, National Institute of Standards and Technology;
Mr. C. Stewart Verdery, Jr., Principal, Mehlman Vogel
Castagnetti, Inc.; and Mr. Gregory Wilshusen, Director of
Information Security Issues, Government Accountability Office.
The hearing focused on the current and future use of biometrics
in passports and other related identity documents. Members also
reviewed how biometrics could be used to further secure the
Visa Waiver Program (VWP).
On June 27, 2005, Subcommittee Staff received a briefing
from the US-VISIT Program Office. The briefing provided an
update on e-passport testing, implementation of 10-print
fingerprint machines at ports of entry, and the exit process
for US-VISIT.
Subcommittee Staff received a briefing on October 27, 2005
from the Department of Homeland Security and the Department of
State on the Western Hemisphere Travel Initiative (WHTI), which
requires all travelers to provide a passport or other secure
document upon entry into the United States. The briefing
focused on plans to implement the requirement in two phases--
first for individuals arriving by air and sea ports of entry
and second for individuals arriving at land ports of entry, as
well as what additional documents were being considered to
facilitate implementation and lower the cost of compliance for
United States citizens.
On July 6, 2006, Subcommittee Staff received a tour and
briefing at the Forensic Documents Lab (FDL), an Immigration
and Customs Enforcement (ICE) facility that reviews
international travel documents for authenticity. Staff gained
an understanding of the FDL role in developing new travel
documents; and was very concerned to learn that the FDL has had
very little input in the design or testing of the proposed PASS
Card for use in the WHTI. The Subcommittee has continued to
work with the Department to ensure that all documents are
tested and designed to be tamper resistant.
Subcommittee Staff received a briefing on November 29, 2006
from the Department of Homeland Security and the Department of
State on the President's request to expand the VWP. The
briefing focused on the additional security measures the
Departments want to add to the VWP and their request for
flexibility in allowing additional countries to participate.
BORDER SECURITY AND IMMIGRATION ENFORCEMENT
On January 28, 2005, Subcommittee Staff received a briefing
from the United States Border Patrol on its progress in meeting
the requirements of the ``Intelligence Reform and Terrorism
Prevention Act of 2004'' (P.L. 108-458), including the hiring
of 2,000 additional agents per year over the next five years
and the implementation of an unmanned aerial surveillance
program.
Subcommittee Staff received a briefing from Immigration and
Customs Enforcement (ICE) on March 4, 2005 regarding the
detention and removal of non-Mexican illegal aliens, referred
to as ``Other Than Mexicans'' (OTMs). The briefing focused on
how ICE manages detention space and what actions could expedite
the return of illegal aliens through deportation.
On March 24, 2005, Subcommittee Staff received a briefing
from ICE on Operation Community Shield. This operation targets
illegal alien gang members for apprehension and deportation.
Subcommittee Staff attended a briefing by officials from
the Department of Homeland Security, the Department of State,
and the Department of Commerce regarding the Security and
Prosperity Partnership (SPP) on May 4, 2005. The SPP is a tri-
nation initiative to harmonize security policies and strengthen
cooperation in the northern hemisphere.
On May 11, 2005, Subcommittee Staff received a briefing on
the San Diego border fence from the United States Border
Patrol. The briefing focused on the costs and benefits of
constructing the fence through private labor versus relying on
the support of the National Guard; land acquisition costs; and
the schedule for completing the fencing.
Subcommittee Staff received a briefing and demonstration
from United States Citizenship and Immigration Services (CIS)
on July 13, 2005. This briefing focused on the Basic Pilot
Program and CSI's plans for its expansion.
On July 17, 2005, Subcommittee Staff and the Staff from the
Subcommittee on Management, Integration, and Oversight visited
the southwest border. The Subcommittee Staff observed existing
border surveillance technology, particularly cameras and
sensors.
Subcommittee Staff received a briefing from ICE on July 20,
2005. The briefing focused on ICE's worksite enforcement
investigations.
On September 14, 2005, representatives from the United
States Coast Guard briefed Subcommittee Staff on the Coast
Guard auxiliary program. The briefing considered how the
auxiliary program operates and benefits the Coast Guard, and
whether a similar model would suit the United States Border
Patrol. This briefing led to the introduction of H.R. 4099, the
``Homeland Security Volunteerism Enhancement Act of 2005,''
which would establish a Border Corps to assist the Border
Patrol in carrying out its mission. The program in H.R. 4099
was modeled after the Coast Guard Auxiliary.
The Subcommittee received a briefing from the Department of
Homeland Security on the Expedited Removal Program on September
15, 2005. The Department detailed its use of existing authority
to place illegal aliens in expedited removal proceedings.
On September 28, 2005, the Subcommittee held a hearing
entitled ``Solving the OTM Undocumented Alien Problem:
Expedited Removal for Apprehensions along the U.S. Border.''
The Subcommittee received testimony from Chief David V.
Aguilar, Border Patrol, United States Customs and Border
Protection, Department of Homeland Security; Mr. John Torres,
Acting Director, Office of Detention and Removal Operations,
Immigration and Customs Enforcement, Department of Homeland
Security; and Mr. Daniel W. Fisk, Deputy Assistant Secretary,
Bureau of Western Hemisphere Affairs, Department of State. This
hearing focused on the use of expedited removal policies and
processes to address the dramatic increase in OTMs caught
entering the country illegally between ports of entry.
Subcommittee Staff received a briefing from the Drug
Enforcement Administration on November 30, 2005. The briefing
focused on the possible connections between drug cartels and
terrorist organizations.
On December 7, 2005, the Subcommittee held a joint Member
briefing with the Subcommittee on Intelligence, Information
Sharing, and Terrorism Risk Assessment on the role of the ICE
Forensic Document Laboratory (FDL) in detecting and preventing
terrorist travel.
Subcommittee Staff participated in a briefing with the
Department of Homeland Security on February 10, 2006 regarding
progress made under the Secure Border Initiative (SBI) to
enhance detention space. The Subcommittee was encouraged by the
progress toward detaining the majority of non-Mexican illegal
aliens under the expedited removal program, other than illegal
aliens from countries that refuse to accept repatriation, such
as Chinese citizens.
On June 30, 2006, representatives from the Department of
Homeland Security briefed Subcommittee Staff on the expansion
of the Expedited Removal Program to the all United States
borders. The program was previously used only along the
southwest border.
NORTHERN BORDER SECURITY
The continental United States shares a 4,000 mile border
with Canada. However, there has been a lack of focus on the
security vulnerabilities along the northern border. While
Canada is a trusted partner in the war on terrorism and the
United States' most significant trading partner, several
publicized threats to our national security have emanated from
the north, including the capture of the Millennium Bomber and
the June 2006 arrest of 17 Canadian residents on terrorism-
related grounds.
On June 20, 2006, the Subcommittee and the Committee on
Government Reform Subcommittee on Criminal Justice, Drug
Policy, and Human Resources held a joint hearing entitled
``Fencing the Border: Construction Options and Strategic
Placement.'' The Subcommittees received testimony from Hon.
Duncan Hunter, a Representative in Congress from the State of
California; Hon. Silvestre Reyes, a Representative in Congress
from the State of Texas; Mr. Kevin Stevens, Senior Associate
Chief, United States Customs and Border Protection, Department
of Homeland Security; Hon. Steve King, a Representative in
Congress from the State of Iowa; Mr. Douglas Barnhart,
President, Douglas E. Barnhart, Inc. and Vice President of the
Association of General Contractors; Mr. T.J. Bonner, President,
National Border Control Council; Mr. Art Mayne, Specification
Writer for Fences and Security Products; Mr. Carlton Mann,
Chief Inspector, Office of the Inspector General, Department of
Homeland Security; and Mr. Don Williams, Consultant, Roadrunner
Planning and Consulting. The hearing focused on the impact of
border fencing on deterring and preventing illegal entry and
smuggling operations.
The Subcommittee on Economic Security, Infrastructure
Protection, and Cybersecurity and the Subcommittee on Emergency
Preparedness, Science, and Technology held a joint field
hearing on August 8, 2006, in Bellingham, Washington entitled
``Assessment of Risks at the Northern Border and the
Infrastructure Necessary to Address Those Risks.'' The
Subcommittees received testimony from Mr. Thomas Hardy,
Director of Field Operations, Seattle Field Office, United
States Customs and Border Protection, Department of Homeland
Security; Mr. Ronald Henley, Chief Patrol Agent, Blaine Sector,
United States Customs and Border Protection, Department of
Homeland Security; Major General Timothy J. Lowenberg, Adjutant
General of Washington, Washington National Guard; Hon. Dale
Brandland, Senator, Washington State Senate; Mr. David B.
Harris, Senior Fellow for National Security, Canadian Coalition
for Democracies; Ambassador Martin Collacott, Former Canadian
Ambassador to Syria and Lebanon; Mr. K. Jack Riley, Director,
Homeland Security Center, RAND Corporation; and Mr. Gregory
Johnson, President, Chapter 164, National Treasury Employees
Union. The hearing focused on the resources and strategies used
by the Department of Homeland Security to secure the northern
border and the impact of Canadian immigration policies on the
establishment of terrorist groups in Canada.
In preparation for this hearing, Subcommittee Members
conducted site visits pertaining to the security of the
northern border on August 7, 2006. Members toured and received
briefings at the Port of Seattle and engaged in a roundtable
discussion on security operations and cargo inspections systems
at the Port. The Members also toured the northern border and
the Peace Arch Port of Entry (POE) in Blaine, Washington. At
the Peace Arch POE, Members were briefed by CBP officers on the
operation of United States Visitor and Immigrant Status
Technology (US-VISIT), secondary screening procedures, and the
use of canine teams for the detection of narcotics and
agricultural contraband. Following the site visit at the Peace
Arch POE, the Members traveled to the Immigration and Customs
Enforcement (ICE) Air Marine Branch (AMB) in Bellingham,
Washington. At the Bellingham AMB, the Members examined recent
ICE operations to combat criminal activity and secure the
northern border. The briefing addressed what technology would
be most effective for securing the northern border, including
the use of unmanned aerial vehicles and comprehensive radar
coverage.
BUDGETARY OVERSIGHT
On March 2, 2005, the Subcommittee held a hearing entitled
``Proposed FY 2006 Budget: Integrating Homeland Security
Screening Operations.'' The Subcommittee received testimony
from Mr. Jim Williams, Director, United States Visitor and
Immigrant Status Technology (US-VISIT) Program, Border and
Transportation Security Directorate, Department of Homeland
Security; Ms. Carol DiBattiste, Deputy Administrator,
Transportation Security Administration, Department of Homeland
Security; and Ms. Deborah J. Spero, Deputy Commissioner, United
States Customs and Border Protection, Department of Homeland
Security. This hearing examined the President's Fiscal Year
(FY) 2006 budget request for the Department of Homeland
Security and its plan to integrate homeland security screening
operations and programs.
The Subcommittee held a hearing entitled ``The President's
Fiscal Year 2007 Budget: Coast Guard Programs Impacting
Maritime Border Security.'' The Subcommittee received testimony
from Admiral Thomas H. Collins, Commandant, United States Coast
Guard. The hearing focused on the Fiscal Year 2007 budget
request for the Coast Guard's homeland security missions,
including the restructuring of the Integrated Deepwater System
(IDS) to support homeland security missions; the Coast Guard's
capacity to carry out the National Capitol Region's Air Defense
mission; and the proposal to expand the current Expanded
Maritime Safety and Security Team (EMSST) to an interagency
Maritime Security Response Team (MSRT) with a 24/7 capability.
On February 16, 2006, the Subcommittee held a hearing
entitled ``The President's Proposed FY07 Budget: Risk-Based
Spending at the Transportation Security Administration.'' The
Subcommittee received testimony from Hon. Kip Hawley, Assistant
Secretary, Transportation Security Administration, Department
of Homeland Security. Members of the Subcommittee examined the
President's $6.3 billion budget request for TSA for Fiscal Year
2007 and assessed the progress made by TSA in establishing risk
based security investments, improving screener performance, and
increasing efficiencies in its security screening operations.
TRADE AND TRAVEL FACILITATION
The Subcommittee is committed to ensuring that border
security measures are implemented without impeding the flow of
legitimate trade and travel. To this end, the Subcommittee held
a series of briefings and hearings on the impact of security
measures on trade and travel.
On April 8, 2005, Subcommittee Staff received a briefing
from United States Customs and Border Protection (CBP) on
trusted traveler programs. The briefing received CBP efforts to
expand membership and improve the credentialing processes for
the existing programs, including Free and Secure Trade (FAST),
NEXUS, NEXUS Air, Secure Electronic Network for Travelers Rapid
Inspection (SENTRI), and other similar programs.
The Subcommittee held a hearing on May 19, 2005 entitled
``H.R. 1509--The Recreational Boaters Streamlined Inspection
Act.'' The Subcommittee received testimony from Hon. Mark
Foley, a Representative in Congress from the State of Florida;
Mr. Jim Ellis, President, BoatU.S.; and Mr. Robert Jacksta,
Executive Director for Border Security and Facilitation, Office
of Field Operations, United States Customs and Border
Protection, Department of Homeland Security. The hearing
examined H.R. 1509, which seeks to create an inspection program
using videophone systems at certain locations in Florida to
satisfy customs and immigration reporting requirements in lieu
of on-site processing at official ports of entry.
On June 3, 2005, Subcommittee Staff were briefed by
officials from CBP. The briefing focused on plans for a Marine
NEXUS pilot in Florida.
Subcommittee Staff received a briefing from CBP on the
Security and Prosperity Partnership (SPP) on June 15, 2006. The
purpose of SPP is to balance security with the need to foster
the legitimate flow of travel and commerce across the border.
The briefing focused on an update on enrollment levels for
NEXUS and FAST and provided plans for expanding the programs.
CHEMICAL FACILITY SECURITY
Chemical facilities present a unique risk to homeland
security in the United States. There are over 15,000 chemical
facilities, some of which contain large quantities of
potentially toxic or harmful chemicals in close proximity to
population centers. Yet, these facilities provide chemicals and
substances that are vital to our everyday life, such as
chlorine to provide clean drinking water. Some facilities have
been proactive in increasing their security after 9/11.
However, some facilities have not done enough to ensure that
they are adequately protected from a potential terrorist
attack.
During the 109th Congress, the Subcommittee actively
examined the Department of Homeland Security's efforts to
enhance the security of chemical facilities. On June 2, 2005,
Subcommittee Staff toured the Honeywell Specialty Materials
chemical facility in Geismar, Louisiana, and received a
briefing on the security procedures of the Honeywell plant and
four co-located chemical facilities. The purpose of the tour
was to observe current security measures and unique challenges
that each chemical facility presents.
In addition, Committee Members and Staff received a
classified briefing on June 14, 2005 on ``Chemical Security:
Threats and Vulnerabilities'' from the Department of Homeland
Security Information Analysis and Infrastructure Protection
(IAIP) Directorate. Representatives from the Department
described the current best intelligence with respect to
terrorist intentions to carry out attacks on chemical plants.
Mr. Stephen Bandy, Manager, Corporate Safety and Security,
Marathon Ashland Petroleum, LLC, testifying on behalf of
National Petrochemical and Refiners Association and American
Petroleum Institute; Mr. Allen Summers, President and Chief
Executive Officer, Asmark, Inc., testifying on behalf of The
Fertilizer Institute; and Mr. Sal DePasquale, Security
Specialist, University of Georgia. This hearing focused on
current security practices at chemical facilities in the United
States and exposed that the Department of Homeland Security
lacks the authority to regulate the security at these
facilities. The conclusions drawn by the Subcommittee Members
prompted the introduction of H.R. 5695, the ``Chemical Facility
Anti-Terrorism Act of 2006.''
The Subcommittee held a hearing on June 15, 2005 entitled
``Preventing Terrorist Attacks on America's Chemical Plants.''
The Subcommittee received testimony from Mr. Robert Stephan,
Assistant Secretary for Infrastructure Protection, Department
of Homeland Security; Mr. Frank J. Cilluffo, Director, Homeland
Security Policy Institute, The George Washington University;
Mr. Stephen Bandy, Manager, Corporate Safety and Security,
Marathon Ashland Petroleum, LLC, testifying on behalf of the
National Petrochemical and Refiners Association and the
American Petroleum Institute; Mr. Marty Durbin, Managing
Director of Security and Operations, American Chemistry
Council; Mr. Allen Summers, President and Chief Executive
Office, Asmark, Inc., testifying on behalf of The Fertilizer
Institute; and Mr. Sal DePasquale, Security Specialist, CH2M
Hill and the University of Georgia.
Subcommittee Staff conducted meetings from June 2005 to
July 2006 with representatives from 60 diverse industries
within the chemical sector, such as the petrochemical, baking,
agriculture, mining, explosives, forest and paper, gas,
trucking, paint coatings, and refrigerants industries.
On August 16, 2006, Subcommittee Staff conducted site
visits of chemical facilities in South Bridgeport, New Jersey
and Jessup, Maryland. The Staff observed the security
procedures at each facility.
BUFFER ZONE PROTECTION PROGRAM
The Buffer Zone Protection Plan (BZPP) Program is designed
to bring together owners and operators of critical
infrastructure with appropriate State and local law enforcement
to assess vulnerabilities to critical infrastructure outside
the property. The goal is to reduce vulnerabilities by
extending the protected area around the site into the
surrounding community in an effort to better prevent a
terrorist from gaining access to a facility. The program
provides a forum and guidance to develop a plan to increase the
security around the facility by supporting the prevention and
preparedness efforts of local first responders. After a BZPP
plan is developed, the BZPP grant program provides funding for
the equipment and management of these protective actions at
sites across the country.
On February 5, 2005, Subcommittee Staff received a briefing
on the BZPP Program from representatives of the Department of
Homeland Security. The Department provided updates on the
nature and development of BZPP.
Subcommittee Staff received another briefing on the BZPP
Program on July 7, 2006. This briefing focused on the
Department's decision to award grants under the Program based
on risk. Funding was previously distributed based on a fixed
amount per facility.
NATIONAL INCIDENT MANAGEMENT SYSTEM
The National Incident Management System (NIMS) provides a
Nationwide template to enable coordination during domestic
incidents. From April 4 through April 8, 2005, Subcommittee
Staff observed the Top Officials Three Exercise (TOPOFF 3)--
Private Sector, a Congressionally mandated National exercise.
Subcommittee Staff observed the National exercise and examined
the capabilities of Federal, State, local, tribal, and private
sector participants, as well as the United Kingdom and Canada,
to respond to simulated, simultaneous, and multipoint attacks.
INTERAGENCY COORDINATION
Immigration and Customs Enforcement (ICE) is responsible
for investigating workplace immigration violations and has
formed a program to target critical infrastructure. On June 9,
2005, Subcommittee Staff received a briefing from
representatives of ICE and the Office of Infrastructure
Protection (OIP). The briefing focused on the coordination
efforts of ICE and OIP with respect to workplace inspections.
SOFT TARGET PROTECTION
Throughout the 109th Congress, the Subcommittee examined
the impact of infrastructure protection of soft targets. Soft
targets are open and accessible locations including shopping
malls, office buildings, theme parks, public transportation,
museums, stadiums, hotels, and schools. The Subcommittee
examined the appropriate roles of the Federal, State and local
governments, and the private sector in securing these sites.
As part of the oversight efforts in this area, Subcommittee
Staff hosted a series of meetings and briefings in August 2005,
with the Office of Infrastructure Protection of the Department
of Homeland Security and with other experts on soft target
protection.
In light of the bombing in the London Subway on July 7,
2005, and the continuing trend of terrorists to attack soft
targets, the Subcommittee held two days of hearings to examine
this issue. On September 7, 2005, the Subcommittee held a
hearing entitled ``The London Attacks: Protecting Civilian
Targets from Terrorist Attacks: Part I.'' The Subcommittee
received testimony from Mr. Bill Millar, President, American
Public Transportation Association; Mr. Michael Norton, Managing
Director of Global Property Management, Tishman Speyer
Properties; Mr. Peter Lowey, Chief Executive Officer, Westfield
America; and Mr. Joe Madsen, Director of Safety and Risk
Management, Spokane Public Schools.
On October 20, 2005, the Subcommittee held a follow-up
hearing entitled ``The London Attacks: Protecting Civilian
Targets from Terrorist Attacks: Part II.'' The Subcommittee
received testimony from Mr. Robert Jamison, Deputy
Administrator, Transportation Security Administration,
Department of Homeland Security; and Mr. Robert Stephan, Acting
Under Secretary for Information Analysis and Infrastructure
Protection, Department of Homeland Security. The purpose of
both hearings was to examine the roles, responsibilities, and
challenges in securing various soft targets from terrorist
attacks.
As an additional oversight measure, Subcommittee Members
and Staff received classified briefings on October 17, 2005 and
March 10, 2006 on the security of dams and levees from the
Department of Homeland Security and the Bureau of Reclamation
of the Department of the Interior. The briefings discussed
ongoing protection efforts and current threats at high-risk
dams and levees around the country.
Subcommittee Staff also received briefings on October 17,
2005, February 7, 2006, and July 21, 2006, on ``Mass Transit
and Rail Security Initiatives.'' These briefings covered a
variety of topics and provided updates of ongoing initiatives,
including: the Bus Explosives Screening Technology (BEST) Pilot
Project; the Transportation Security Administration's (TSA)
role with respect to the Urban Area Security Initiative grant
program; Transit Security Initiatives; the Transit and Rail
Inspection Pilot Program updates; Connecting Communities and
Transit Watch program; canine programs; and joint TSA-
Department of Transportation's Federal Transit Authority (FTA)
initiatives. Additionally, the Staff received updates on the
Washington, DC and Houston Rail Corridor Assessments, Surface
Transportation Security Inspectors, TSA-FTA initiatives and the
transportation of hazardous materials by rail.
HOMELAND INFRASTRUCTURE THREAT AND RISK ANALYSIS CENTER
On November 10, 2005, Subcommittee Staff were briefed by
representatives from the Department of Homeland Security on the
Homeland Infrastructure Threat and Risk Analysis Center
(HITRAC). The Department provided an update on the operation of
HITRAC, which serves as an intelligence fusion center between
the Office of Intelligence and Analysis and the Office of
Infrastructure Protection.
THE NATIONAL INFRASTRUCTURE PROTECTION PLAN
Homeland Security Presidential Directive 7 (HSPD-7)
(``Critical Infrastructure Identification, Prioritization, and
Protection,'' December 17, 2003) requires a comprehensive,
integrated Federal plan for critical infrastructure and key
resources protection. This plan, the National Infrastructure
Protection Plan (NIPP) designates specific Federal departments
and agencies as Sector-Specific Agencies (SSAs) responsible for
protection activities in 17 specific critical infrastructure
and key resource sectors. Subcommittee Staff received numerous
briefings on the NIPP throughout the 109th Congress from the
Department of Homeland Security. The Interim NIPP was first
released in February 2005, but the report was not as
comprehensive as the Committee had hoped. In November 2005, the
Department re-released a second draft NIPP, and in June 2006,
delivered a final approved version of the NIPP. The final NIPP
established the National roles and responsibilities, and
details a number of actions that must be taken to support full
implementation of the Plan. A future critical milestone of this
process will be the completion of all 17 Sector-Specific Plans
by the designated Government and Private Sector Coordinating
Councils.
RISK ANALYSIS AND MANAGEMENT FOR CRITICAL ASSETS PROTECTION
The Office of Infrastructure Protection's (OIP) Risk
Analysis and Management for Critical Assets Protection (RAMCAP)
program is an analytic tool used to determine the relative risk
of an asset. Subcommittee Staff received regular briefings
throughout the 109th Congress on the status of OIP's RAMCAP
program.
THE NATIONAL ASSET DATABASE
The National Asset Database (NADB) is a National asset
inventory providing the ``universe'' from which various lists
of critical assets are produced. As such, it represents the
first step in the Department of Homeland Security's risk
management process outlined in the National Infrastructure
Protection Plan. The Subcommittee received numerous briefings
by the Department on the NADB over the course of the 109th
Congress. The Office of Infrastructure Protection (OIP) briefed
the Subcommittee on December 9, 2005, and again on July 20,
2006, after the release of the Department of Homeland Security
Inspector General's report on the NADB. These briefings focused
on the purpose of the NADB and to clarify misconceptions about
the nature of the database.
On July 20, 2006, the Committee Members received a
classified briefing on the NADB from the Assistant Secretary of
OIP. The Assistant Secretary answered Members' questions on the
NADB and the most critical asset list.
REAL ID
The REAL ID Act (P.L. 109-13) was enacted in response to
the 9/11 Commission recommendation to require secure
identification for boarding airplanes. The Subcommittee on
Economic Security, Infrastructure Protection, and
Cybersecurity, has monitored the Department's compliance with
the requirements of the REAL ID Act and has received regular
briefings from the Department throughout the 109th Congress.
See additional discussion of legislation on P.L. 109-13, listed
above.
CYBERSECURITY
Cybersecurity is the protection of electronic information
and communication systems including the information contained
or transferred over those systems to ensure the availability,
integrity, authentication, confidentiality, and non-repudiation
of that information. Due to the number and ubiquitous nature of
computers, networks, and information technology, it is
imperative to protect the information that is contained within
and transferred using this technology.
During the 109th Congress, the Subcommittee examined the
visibility of the Department of Homeland Security's
cybersecurity activities and the effectiveness of existing
measures to protect the Nation's critical information
infrastructure. On April 20, 2005, the Subcommittee held a
hearing on H.R. 285, ``The Department of Homeland Security
Cybersecurity Enhancement Act of 2005.'' H.R. 285 would create
an Assistant Secretary for Cybersecurity within the Department
of Homeland Security's Information Analysis and Infrastructure
Protection Directorate and clearly delineate cyber protection
and telecommunication efforts within the Department. Following
the hearing, the Subcommittee considered H.R. 285, which was
forwarded to the Full Committee by voice vote. In August 2005,
the Secretary's Second Stage Review reorganized various offices
within the Department and included the creation of an Assistant
Secretary for Cybersecurity and Telecommunications, similar to
the provisions of H.R. 285.
From January 2005 to June 2006, Subcommittee Staff received
briefings from the Department's National Cyber Security
Division and Office of Science and Technology, industry
representatives of the software and information technology
associations, internet security associations, Carnegie Mellon,
the U.S. Secret Service, the White House Office of Science and
Technology Policy, Sandia National Laboratory, Idaho National
Laboratory and other academic institutions. These briefings
focused on cybersecurity issues ranging from the United States
Computer Emergency Readiness Team (US-CERT) Cyber Incident
Response Policy Coordination, cybersecurity protection,
Supervisory Control and Data Acquisition (SCADA) systems,
national cybersecurity exercises, and national programs to
enhance cybersecurity and public awareness.
See discussion on H.R. 285 listed above.
SUPERVISORY CONTROL AND DATA ACQUISITION SYSTEM
Supervisory Control and Data Acquisition (SCADA) systems
are used to monitor or control several systems and processes,
including chemical, physical, and transport processes;
municipal water supply systems; electric power distribution and
generation; and gas and oil pipelines. SCADA systems are
designed to reduce manpower and improve efficiency. These
systems provide a link between the ``cyber world'' and the
physical world, as they are usually connected to the Internet
and have the potential to be ``hacked'' from around the globe.
Once a SCADA system is ``hacked,'' the system could be used to
manipulate power distribution, water supply processes, or other
physical infrastructure.
On October 18, 2005, the Subcommittee on Economic Security,
Infrastructure Protection, and Cybersecurity and the
Subcommittee on Emergency Preparedness, Science, and Technology
held a joint hearing entitled ``SCADA and the Terrorist Threat:
Protecting the Nation's Critical Control Systems.'' The
Subcommittees received testimony from Mr. Donald Purdy, Acting
Director, National Cyber Security Division, Department of
Homeland Security; Mr. Larry Todd, Director, Security, Safety,
and Law Enforcement, Bureau of Reclamation, Department of the
Interior; Dr. Sam Varnado, Director of Information Operations
Center, Sandia National Laboratory; Dr. K.P. Ananth, Associate
Laboratory Director, National and Homeland Security, Idaho
National Laboratory; Dr. William Rush, Institute Physicist, Gas
Technology Institute; and Mr. Alan Paller, Director of
Research, the SANS Institute. The hearing examined the
vulnerabilities of the Nation's SCADA systems and the Federal
and private efforts to protect them from potential terrorist
attacks. Members reviewed the Department's efforts to
coordinate with national research laboratories and the private
sector to better protect SCADA systems against terrorist
attacks.
THREAT POSED TO PORTABLE ELECTRONIC DEVICES
On November 3, 2005, the Subcommittee and the Subcommittee
on Intelligence, Information Sharing, and Terrorism Risk
Assessment hosted a joint classified briefing for Members of
the Committee by the National Security Agency (NSA) on the
security vulnerabilities found in many portable electronic
devices, personal digital assistants, which include cell
phones, countermeasures against these vulnerabilities, and
future secure products being developed by the NSA.
INFORMATION SHARING AND ANALYSIS CENTERS
Information Sharing and Analysis Centers (ISACs) are used
by various industries and sectors of the economy to enable
efficient information sharing among similarly situated
companies and entities. Industry ISACs collect information from
multiple sources and then process and analyze this information
and distribute it to ISAC members. These centers, most of which
operate on a members-only basis, are provided with accurate and
useful information that may impact their operations.
In order to evaluate the success of the existing
information sharing network, the Subcommittee was briefed on
September 27, 2006 on the relationship between the Department
of Homeland Security and various ISACs. The briefing was
provided by members of the Information Technology Sector ISAC
and the Telecommunications Sector ISAC. Members were given an
opportunity to learn more about the information sharing
capabilities of the private sector and take note of
recommendations from the private sector regarding areas where
the Department can interact with these established information
sharing entities.
CYBER STORM EXERCISE
The Department of Homeland Security is responsible for
conducting national exercises to evaluate the response of the
private and public sectors in the case of a cyber-attack. The
Subcommittee has examined the effectiveness of these exercises
and assessed the lessons learned from their outcome. On
February 9, 2006, Subcommittee Staff attended the first
national cybersecurity exercise entitled ``Cyber Storm.'' In
the week-long Cyber Storm scenario, three primary sectors were
targeted: energy, transportation and information technology,
with telecommunications as an ancillary target. As events
intensified across these sectors, organizations coordinated
responses to simulated cyber attacks. The Cyber Storm exercise
tested procedures, communication channels, and responses in the
event of an attack, as well as international communications
protocols between countries.
INTERNET RECONSTITUTION PLAN
As a large portion of the United States economy depends on
the Internet, a smooth and efficient reconstitution of the
network will be required in the event of a serious disruption
to the Internet's functions and availability. During the 109th
Congress, the Subcommittee studied the Department's existing
plans to reconstitute the economic functioning of the Internet
in the case of attack or other major disruption. On July 5,
2006, Members of the Subcommittee sent a letter to the
Department requesting information on programs designed to
address Internet reconstitution efforts in the case of a major
Internet disruption. The Subcommittee also requested more
information on the roles and responsibilities of the United
States Computer Emergency Readiness Team (US-CERT) and the
Federal Emergency Management Agency (FEMA) regarding Internet
reconstitution. The Committee received a response on September
12, 2006, which delineated various programs that focus on
Internet reconstitution, proposed goals of these programs, such
as the establishment of US-CERT/Private Sector Concept of
Operations, and the timeframe for these goals.
RISK ASSESSMENT
The disruption and economic impact of a well-coordinated
cyber-attack must be realized by all potentially affected
individuals. A cyber-attack, combined with a physical assault,
may cause widespread panic and disorder; a slow, unrelenting
cyber-assault on the underlying processes of everyday life--
such as ATM transactions or the storage of blood at hospitals--
could result in general distrust in information technology and
consequently affect economic stability.
In continuing the assessment of various risks, Members of
the Subcommittee were briefed on July 25, 2006 by the Cyber
Defense Agency on how a systematic, well-orchestrated attack on
critical cyber infrastructure might be carried out, and how to
identify some of the key public policy issues that are
presented by such a threat. The Cyber Defense Agency described
the process by which a cyber-based attack could cause a severe
disruption or act as a ``force multiplier'' to a physical
attack on critical infrastructure.
In a letter sent to the Under Secretary for Preparedness of
the Department of Homeland Security on September 6, 2006, the
Subcommittee expressed its support of increased training to
reduce the risk of a cyber attack, and encouraged the
Department to approve the creation of a National Cyber Academy
through the Office of Grants and Training.
THE FUTURE OF CYBERSECURITY
During the 109th Congress, Subcommittee Members actively
reviewed the Department's cybersecurity efforts and evaluated
its performance in this critical area. On September 13, 2006,
the Subcommittee held a hearing entitled ``The Future of Cyber
and Telecommunications Security at the Department of Homeland
Security.'' The Subcommittee received testimony from Hon.
George Foresman, Under Secretary for Preparedness, Department
of Homeland Security; Mr. David Powner, Director, Information
Technology Management Issues, Government Accountability Office;
Mr. William Pelgrin, Director, New York State Office of Cyber
Security and Critical Infrastructure; Mr. Guy Copeland, Chair,
Information Technology Sector Coordinating Council; Mr. Paul B.
Kurtz, Executive Director, Cyber Security Industry Alliance;
and Mr. David Barron, Chair, Telecommunications Sector
Coordinating Council. The purpose of this hearing was to
discuss the Department's activities regarding cybersecurity,
including the long vacancy for the position of Assistant
Secretary for Cybersecurity and Telecommunications.
MASS TRANSIT AND RAIL SECURITY
Every day, millions of Americans use some combination of
rail or mass transit to commute to work, school, or to go about
their daily lives. Rail and mass transit systems, which include
subways, commuter rail, trams, and buses, bring together
hundreds of individuals in enclosed spaces, often underground
or underwater. The threat to mass transit systems and their
appeal to terrorist groups are evident in the frequency by
which they are attacked internationally. Countries like the
United Kingdom, the Kingdom of Spain, the Russian Federation,
Japan, the Republic of India, and the State of Israel have all
been subject to attacks on their mass transit systems by
terrorist groups.
During the 109th Congress, the Subcommittee conducted
oversight of the Department of Homeland Security's initiatives
to secure rail and mass transit systems in the United States.
In particular, the Subcommittee examined various pilot projects
that the Department, through the Transportation Security
Administration (TSA), has conducted to test existing
technologies to secure these systems. The Subcommittee reviewed
various security measures put in place after the London
bombings in July 2005, receiving numerous threat briefings and
conducting oversight of the distribution of grants to transit
systems.
On April 21, 2006, Subcommittee Staff conducted a site
visit to the Hunt Valley Light Rail Stop located in Hunt
Valley, Maryland and examined the TSA mobile security
checkpoint pilot program at the railway stop. Subcommittee
Staff also conducted a site visit of rail security initiatives
undertaken by AMTRAK at Union Station in Washington, DC, on
June 23, 2006. Staff explored the ongoing challenges in
securing an open system such as passenger rail.
In continuing its oversight in this area, Subcommittee
Staff conducted a site visit on August 23, 2006 of mass transit
security initiatives at the Washington Metropolitan Area
Transit Authority headquarters located in Washington, DC. The
visit focused on the challenges faced by transit authorities in
providing adequate security for their passengers.
This work culminated in the inclusion of rail and mass
transit provisions in H.R. 5814, ``the Department of Homeland
Security Authorization Act for Fiscal Year 2007.''
RAIL CORRIDOR PILOT PROJECT
The Rail Corridor Pilot Project is an ongoing initiative to
test new technologies such as video cameras, radiological and
chemical sensors, and ``friend or foe'' technology to detect
when someone or something foreign enters the secure corridor.
On June 1, 2005, Subcommittee Staff received a briefing from
the Transportation Security Administration (TSA) and the Office
of Infrastructure Protection of the Department of Homeland
Security. The briefing focused on the ``DC Rail Corridor Pilot
Project,'' which includes the installation of security cameras
and sensors along an eight-mile rail corridor.
PROTECTION AND RESPONSE
Rail and mass transit systems require different protection
and response methods than have been traditionally applied to
closed systems such as airports. The openness and accessibility
of rail and mass transit systems are unique qualities in
transportation, attracting daily commuters and terrorists
alike. It is impossible to screen each passenger and his
belongings prior to boarding while maintaining the very nature
of these systems. Thus, unique, versatile, and flexible
protection and response methods must be employed at rail and
mass transit sites to be effective.
In reviewing rail and mass transit security initiatives at
the Department, Subcommittee Staff received a briefing on
February 1, 2006, from the Transportation Security
Administration (TSA) on the ``Visible Intermodal Protection and
Response'' (VIPER) program. This briefing allowed staff to
receive additional information on the pilot program initiated
by TSA. The program teams Federal Air Marshals, TSA Screeners,
K-9 teams, and other security personnel to rapidly deploy to a
variety of surface transportation systems.
Additionally, Subcommittee Staff received a briefing on
February 2, 2006 from the National Transit Institute on
``Terrorist Activity Recognition and Reaction.'' The purpose of
the briefing was to gather information on the types of
suspicious behavior recognition training provided to employees.
On May 15, 2006, Subcommittee Staff were briefed by the
Technical Support Working Group (TSWG) on ``Rail and Mass
Transit Security Initiatives.'' The TSWG is the United States'
national forum that identifies, prioritizes, and coordinates
interagency and international research and development
requirements for combating terrorism. The purpose of the
briefing was to receive information about the ongoing projects
conducted by TSWG.
As an additional oversight measure, Subcommittee Staff
received a classified briefing on October 23, 2006 from the
Department of Homeland Security on ``Threats to the Rail and
Mass Transit Environment.'' The purpose of the briefing was to
provide Staff with a current threat picture of rail and mass
transit systems.
EMPLOYEE TRAINING
In the aftermath of a terrorist attack on a mass transit
system, before the traditional first responders may respond,
the most immediate help will come from the civilians and
transit employees who are present when the incident occurs. In
the case of an attack on mass transit systems, the affected
public must rely on transit employees for evacuation
instructions. Without proper training, an employee can make
matters worse, especially in a terrorist situation. For
example, during the sarin gas attack on the Tokyo, Japan subway
in 1995, unknowing conductors continued to operate trains after
the sarin gas had been released. Resulting in the gas being
spread to more stations, increasing public exposure.
Additionally, transit employees may be in a position to
identify suspicious behavior or packages. Without proper
training, however, an employee cannot be expected to assist in
preventing or responding to a terrorist attack. HR741.002
On September 15, 2006, Subcommittee Staff received a
briefing from the Transportation Security Administration (TSA),
the Office of Grants and Training, the Federal Transit
Administration, and the Federal Railroad Administration on the
training programs provided to rail and mass transit agencies.
The purpose of the briefing was to ascertain the ongoing
coordination between the Department of Homeland Security and
the Department of Transportation on mass transit and rail
training for employees.
The Subcommittee held a hearing on September 28, 2006
entitled ``Front-Line Defense: Security Training for Mass
Transit and Rail Employees.'' The Subcommittee received
testimony from Mr. John Sammon, Assistant Administrator for
Transportation Sector Network Management, Transportation
Security Administration, Department of Homeland Security; Mr.
Terry Rosapep, Deputy Associate Administrator, Office of
Program Management, Federal Transit Agency; and Mr. William
Fagan, Director of Security, Federal Railroad Administration.
The Subcommittee also received testimony from Mr. Ed Wytkind,
President, Transportation Trades Department, AFL-CIO; Mr. John
P. Tolman, Vice President and National Legislative
Representative, Brotherhood of Locomotive Engineers; Chief
Polly Hanson, Metro Transit Police Department, Washington Metro
Area Transit Authority; and Mr. Edward Hamberger, President and
Chief Executive Officer, American Association of Railroads.
This hearing presented an opportunity to hear from Federal
officials, local transit authorities, and front-line employees
on their current needs and capabilities.
HAZARDOUS MATERIALS SECURITY
Hazardous Materials (HAZMAT) are substances in certain form
and quantity, which may pose a danger to human health or the
environment, or that must be handled safely for another reason.
Goods such as chlorine and ammonia are HAZMATs, as well as
paint, alcohol, gasoline, and hairspray. All goods that are on
the HAZMAT list maintained by the Department of Transportation
(DOT) must be placarded if transported.
Subcommittee Staff received a briefing on February 9, 2006,
from the Transportation Security Administration (TSA) on
``Hazardous Materials Security.'' The purpose of the briefing
was to receive information on the Department's efforts to
secure hazardous materials and an update on the Hazardous
Materials Endorsement (HME) Security Threat Assessment Program.
On October 25, 2005, Subcommittee Staff received a briefing
by TSA and DOT on the ``Current Hazardous Materials list and
background screening under the Hazardous Materials Endorsement
Security Threat Assessment Program.'' The purpose of the
briefing was to receive an update on the program and to discuss
options for creating a new list of hazardous materials that is
focused on security, rather than safety.
The Subcommittee held a hearing on November 1, 2005,
entitled ``Reforming HAZMAT Trucking Security.'' The
Subcommittee received testimony from Mr. Justin Oberman,
Assistant Director, Transportation Threat Assessment and
Credentialing, Transportation Security Administration,
Department of Homeland Security; Mr. Robert McGuire, Associate
Administrator, Pipeline and Hazardous Materials Safety
Administration, Department of Transportation; Mr. Stephen
Russell, Chairman and CEO, Celadon Group Inc., testifying on
behalf of the American Trucking Association; Mr. Michael
Laizure, Owner-Operator, Time Critical Ordnance Transport,
testifying on behalf of The Owner-Operator Independent Drivers
Association; Mr. Gary Brown, General Counsel, Pyro
Spectaculars, testifying on behalf of the American Pyrotechnics
Association; Ms. Linda Lewis-Pickett, President and CEO,
American Association of Motor Vehicle Administrators; and Mr.
Scott Madar, Assistant Director, Safety and Health Department,
International Brotherhood of Teamsters. The purpose of this
hearing was to review the effectiveness of the existing
regulations governing background checks for individuals
transporting hazardous materials by truck and the impact of
these regulations on the trucking industry.
On November 16, 2005, Subcommittee Staff received a
briefing from the Federal Bureau of Investigation on
``Improvised Explosive Devices.'' The purpose of the briefing
was to receive information on current methods, threats, and
substances used to create and employ improvised explosive
devices.
Additionally, on March 3, 2006, Subcommittee Staff was
briefed by the Department of Homeland Security and the
Department of Transportation on ``Regulations of Hazardous
Materials Transported by Rail.'' This briefing from TSA, the
Federal Railroad Administration (FRA), and the Pipeline and
Hazardous Material Safety Administration (PHMSA) discussed the
issuance of rail security regulations to expand existing HM-232
regulations. The proposed regulations would have a separate
section dedicated to securing the transportation of hazardous
materials via rail. The briefing discussed the options for
regulating the transportation of HAZMAT through high-threat
urban areas, re-routing of materials around, such areas and
other possible alternatives.
TRUCKING SECURITY
The trucking industry is a vital aspect to the overall
economy, as it delivers both the necessary goods, but also the
hazardous materials used to create materials. To protect the
vitality of the economy, American citizens, and neighborhoods,
and ensure that needed goods are delivered on a fast, reliable
basis, the security of the trucking industry remains a
significant concern.
On June 16, 2006 the Subcommittee held a hearing on H.R.
5604, the ``Screening Applied Fairly and Equitably to Truckers
Act of 2006.'' The Subcommittee received testimony from Mr.
Robert Jamison, Deputy Administrator, Transportation Security
Administration, Department of Homeland Security; Mr. David S.
McClimon, President, Con-Way Freight Inc., on behalf of
American Trucking Association; Mr. Todd Spencer, Executive Vice
President, Owner-Operator Independent Drivers Association; and
Ms. Cynthia Hilton, Executive Vice President, Institute of
Makers of Explosives. This hearing examined the impact of
legislation on the Transportation Security Administration (TSA)
and trucking industry stakeholders.
See discussion of H.R. 5604, listed above.
TRANSPORTATION WORKER IDENTIFICATION CREDENTIAL
The Subcommittee focused intensely on the Transportation
Worker Identification Credential (TWIC) being implemented by
the Transportation Security Administration (TSA) and the United
States Coast Guard. The purpose of the TWIC program is to
provide a secure, biometric card to all transportation workers
who need to enter secure areas of ports. This includes no only
dock workers, longshoremen, and vessel crews, but also truck
drivers hauling cargo. In 2003, TSA began a pilot program to
test the enrollment, issuance, and use of TWIC cards at the
ports. This pilot program began its final phase in early 2005.
During the 109th Congress, the Subcommittee received
numerous briefings from both TSA and the Coast Guard. On May
12, 2005, Subcommittee Staff received a briefing from TSA and
the Coast Guard. This briefing focused on the progress of the
TWIC pilot project. On December 14, 2005, Subcommittee Staff
received an additional briefing providing an update of the TWIC
pilot program, preliminary results of the program, and
integration concerns with other screening programs.
Subcommittee Staff attended a public hearing on the TWIC
Notice of Proposed Rulemaking (71 Fed. Reg. 29396-29535 (May
22, 2006)) in St. Louis, Missouri on June 6, 2006. The public
hearing was attended by officials from the Transportation
Security Administration, the United States Coast Guard, and
industry stakeholders.
The Subcommittee's oversight of the TWIC program resulted
in the inclusion of legislative provisions on the subject in
the Security and Accountability for Every Port Act (P.L. 109-
711). These provisions provided an accelerated timeline for
implementation of the program, which has been delayed for a
number of years. The provisions also required additional pilot
programs to test the feasibility of the card readers in the
maritime environment.
Subcommittee on Economic Security, Infrastructure Protection, and
Cybersecurity Hearings Held
Proposed Fiscal Year 2006 Budget: Integrating Homeland
Security Screening Operations. Hearing held March 2, 2005.
Serial No. 109-3.
H.R. 285, the Department of Homeland Security Cybersecurity
Enhancement Act of 2005. Hearing held April 20, 2005. Serial
No. 109-11.
The Transportation Security Administration's Screening of
Airline Pilots: Sound Security Practice or Waste of Scarce
Resources? Hearing held May 13, 2005. Serial No. 109-13.
H.R. 1509, Recreational Boaters Streamline Inspection Act.
Hearing held May 19, 2005. Serial No. 109-14.
The Homeland Security Missions of the Post-9/11 Coast
Guard. Hearing held June 8, 2005. Serial No. 109-18.
The Promise of Registered Traveler. Hearing held June 9 and
26, 2005. Serial No. 109-19.
Preventing Terrorist Attacks on America's Chemical Plants.
Hearing held June 16, 2005. Serial No. 109-20.
Ensuring the Security of America's Borders through the Use
of Biometric Passports and Other Identity Documents. Hearing
held June 22, 2005. Serial No. 109-24.
Improving Pre-Screening of Aviation Passengers against
Terrorist and Other Watch Lists. Hearing held June 29, 2006.
Serial No. 109-27.
Leveraging Technology to Improve Aviation Security
Screening. Hearing held July 13 and 19, 2005. Serial No. 109-
31.
Improving Management of the Aviation Screening Workforce.
Hearing held July 28, 2005. Serial No. 109-37.
The London Bombings: Protecting Civilian Targets from
Terrorist Attacks: Part I. Hearing held September 7, 2005.
Serial No. 109-39.
Solving the OTM Undocumented Alien Problem: Expedited
Removal for Apprehensions along the U.S. Border. Hearing held
September 28, 2005. Serial No. 109-43.
SCADA and the Terrorist Threat: Protecting the Nation's
Critical Control Systems. Joint Hearing with the Subcommittee
on Emergency Preparedness, Science, and Technology held October
18, 2005. Serial No. 109-45.
The London Bombings: Protecting Civilian Targets from
Terrorist Attacks: Part II. Hearing held October 20, 2005.
Serial No. 109-39.
Reforming HAZMAT Trucking Security. Hearing held November
1, 2005. Serial No. 109-52.
The Future of TSA's Registered Traveler Program. Hearing
held November 3, 2005. Serial No. 109-54.
The President's Fiscal Year 2007 Budget: Coast Guard
Programs Impacting Maritime Border Security. Hearing held
February 15, 2006. Serial No. 109-64.
The President's Proposed FY07 Budget: Risk-Based Spending
at the Transportation Security Administration. Hearing held
February 16, 2006. Serial No. 109-66.
H.R. 5604, Screening Applied Fairly and Equitably to
Truckers Act of 2006. Hearing held June 16, 2006. Serial No.
109-85
H.R. 5695, Chemical Facility Anti-terrorism Act of 2006.
Hearing held June 29, 2006. Serial No. 109-90.
Fencing the Border: Construction Options and Strategic
Placement. Joint hearing with the Subcommittee on Criminal
Justice, Drug Policy, and Human Resources of the Committee on
Government Reform held July 20, 2006. Serial No. 109-92.
Assessing the Northern Border: Considerations for
Maintaining Secure and Open Borders. Joint hearing with the
Subcommittee on Emergency Preparedness, Science, and Technology
held August 8, 2006. Serial No. 109-95.
The Future of Cyber and Telecommunications Security at the
Department of Homeland Security. Hearing held September 13,
2006. Serial No. 109-102.
Front-Line Defense: Security Training for Mass Transit and
Rail Employees. Hearing held September 28, 2006. Serial No.
109-107.
Subcommittee on Economic Security, Infrastructure Protection, and
Cybersecurity Markups Held
H.R. 285, ``Department of Homeland Security Cybersecurity
Enhancement Act of 2005.''; was ordered favorably reported to
the Full Committee for consideration, without amendment, by
voice vote. April 20, 2005.
H.R. 4439, ``Transportation Security Administration
Reorganization Act of 2005.''; was ordered forward to the Full
Committee for consideration, amended, by voice vote. March 9
and 16, 2006.
H.R. 4954, ``Security and Accountability For Every Port
Act'' or ``SAFE Port Act.''; was ordered favorably forwarded to
the Full Committee for consideration, amended, by voice vote.
March 30, 2006.
H.R. 5604, ``Screening Applied Fairly and Equitably to
Truckers Act of 2006'' or the ``SAFE Truckers Act of 2006'';
was ordered favorably forwarded to the Full Committee for
consideration, amended, by voice vote. June 22, 2006.
H.R. 5965,''Chemical Facility Anti-Terrorism Act of
2006.''; was ordered favorably forwarded to the Full Committee
for consideration, amended, by voice vote. July 11, 2006.
Subcommittee on Economic Security, Infrastructure Protection, and
Cybersecurity Briefings and Site Visits Held
Member briefing on the Federal Air Marshals. September 27,
2005.
Member briefing on the Computer Assisted Passenger
Prescreening System (CAPPS). September 29, 2005.
Member briefing on rail security. November 1, 2005.
Member briefing with the Subcommittee on Intelligence,
Information Sharing, and Terrorism Risk Assessment on security
vulnerabilities of portable electronic devices and U.S.
government cyber systems. November 3, 2006.
Joint Member briefing with the Subcommittee on
Intelligence, Information Sharing, and Terrorism Risk
Assessment on the overview and role of the Immigration and
Customs Enforcement (ICE) Forensic Document Laboratory (FDL).
December 7, 2005.
Member briefing on Transportation Security Administration
(TSA) changes on prohibited items list. December 16, 2005.
Member briefing with the Subcommittee on Intelligence,
Information Sharing, and Terrorism Risk Assessment on the
radicalization in United States prisons. February 8, 2006.
Member briefing with the Subcommittee on Intelligence,
Information Sharing, and Terrorism Risk Assessment on terrorist
intentions toward United States aircraft. March 2, 2006.
Site Visit with the Subcommittee on Emergency Preparedness,
Science, and Technology of the Port of Seattle, the Peace Arch
Port of Entry, and the Bellingham Air and Marine Branch. August
7 through 8, 2006.
Subcommittee on Intelligence, Information Sharing, and Terrorism Risk
Assessment
ROB SIMMONS, Connecticut, Chairman
Zoe Lofgren, California Curt Weldon, Pennsylvania
Loretta Sanchez, California Mark E. Souder, Indiana
Jane Harman, California Daniel E. Lungren, California
Nita M. Lowey, New York Jim Gibbons, Nevada
Sheila Jackson-Lee, Texas Stevan Pearce, New Mexico
James R. Langevin, Rhode Island Bobby Jindal, Louisiana
Kendrick B. Meek, Florida Charles W. Dent, Pennsylvania
Bennie G. Thompson, Mississippi (Ex Officio)rown-Waite, Florida
Peter T. King, New York (Ex
Officio)
Jurisdiction: Intelligence and information sharing for the purpose of
preventing, preparing for, and responding to potential terrorist
attacks on the United States; the responsibility of the Department of
Homeland Security for comprehensive, nationwide, terrorism-related
threat, vulnerability, and risk analyses; the integration, analysis,
and dissemination of homeland security information, including the
Department of Homeland Security's participation in, and interaction
with, other public and private sector entities for any of those
purposes; communications of terrorism-related information by the
federal government to State, local, and private sector entities;
issuance of terrorism threat advisories and warnings (including
administration of the Homeland Security Advisory System); liaison of
the Department of Homeland Security with U.S. intelligence and law
enforcement agencies; information gathering, analysis, and sharing by
Department of Homeland Security entities; the role of intelligence in
terrorism threat prioritization; conducting relevant oversight; and
other matters referred to the Subcommittee by the Chairman.
------
The Subcommittee held 17 hearings, 13 Member briefings and
numerous Subcommittee Staff level briefings focused on
intelligence, information sharing, threat and risk assessment,
privacy, radicalization and general departmental oversight.
These activities resulted in, among other things, the
Subcommittee's contribution to the Fiscal Year 2006 Department
of Homeland Security Authorization Act, which passed the House
on May 18, 2005, and to the formulation and passage through
committee of H.R. 5001, H.R. 5002, H.R. 5003 and H.R. 5004,
which were incorporated into the FY 2007 Department of Homeland
Security Authorization Act.
Legislative Activities of the Subcommittee on Intelligence, Information
Sharing, and Terrorism Risk Assessment
THE HOMELAND SECURITY INFORMATION SHARING AND ENHANCEMENT ACT OF 2005
Summary
The Committee Print entitled ``The Homeland Security
Information Sharing and Analysis Enhancement Act of 2005''
strengthens the Homeland Security Terrorist Threat Analysis,
improves the effectiveness of the Homeland Security Advisory
System, and enhances the Department of Homeland Security's role
in the sharing Homeland Security Information.
Legislative History
The Subcommittee on Intelligence, Information Sharing, and
Terrorism Risk Assessment considered a Committee Print entitled
``The Homeland Security Information Sharing and Enhancement Act
of 2005'' on April 26, 2005, and forwarded the measure to the
Full Committee, without amendment, by voice vote.
Portions of the Committee Print were included in Title V of
H.R. 5814, the Department of Homeland Security Authorization
Act for FY 2007, which was ordered reported by the Committee on
July 19, 2006. See discussion of H.R. 5814, listed above.
DIRECTORATE FOR INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION
REORGANIZATION
To reorganize the Directorate for Information Analysis and
Infrastructure Protection of the Department of Homeland
Security, to facilitate homeland security information sharing,
and for other purposes.
Summary
The Committee Print entitled ``To reorganize the
Directorate for Information Analysis and Infrastructure
Protection of the Department of Homeland Security, to
facilitate homeland security information sharing, and for other
purposes,'' established and assigned responsibilities to an
Office of Intelligence and Analysis and Under Secretary for
Intelligence and Analysis (I&A); assigned responsibilities for
Intelligence Components of the Department to coordinate and
support I&A and established training for Intelligence
Components; assigned primary authority to I&A for the
dissemination of homeland security information; revised and
improved the Homeland Security Advisory System; directed the
Department to establish a Department-wide Information Sharing
Environment, including a comprehensive information technology
architecture for the Office of Intelligence and Analysis;
directed DHS to coordinate intelligence efforts with State,
Local, Tribal and Regional Fusion Centers; and directed DHS to
make full and efficient use of Open Source Information.
Legislative History
H.R. 5004, legislation resulting from the Subcommittee's
consideration, was introduced in the House on March 16, 2006,
and referred to the Committee on Homeland Security, and in
addition to the Permanent Select Committee on Intelligence. As
introduced, H.R. 5004 consisted of the text of H.R. 5001, H.R.
5002, and H.R. 5003.
The Subcommittee on Intelligence, Information Sharing, and
Terrorism Risk Assessment considered a Committee Print ``To
reorganize the Directorate for Information Analysis and
Infrastructure Protection of the Department of Homeland
Security, to facilitate homeland security information sharing,
and for other purposes,'' on March 29, 2006, and forwarded the
measure to the Full Committee for consideration, without
amendment, by voice vote. The Committee Print as agreed to
consisted of modified text of H.R. 5004.
Portions of the Committee Print were also included in Title
V of H.R. 5814, the Department of Homeland Security
Authorization Act for FY 2007, which was ordered reported by
the Committee on July 19, 2006. See discussion of H.R. 5814,
listed above.
Oversight Activities of the Subcommittee on Intelligence, Information
Sharing, and Terrorism Risk Assessment
ORGANIZATION AND SECOND-STAGE REVIEW
During the 109th Congress, the Subcommittee focused on the
Department of Homeland Security's (DHS) ongoing reorganization
of its intelligence activities. The Homeland Security Act of
2002 (P.L. 107-296) created an intelligence office in the
Department known as the Office of Information Analysis. This
Office was designed to report to the Secretary through the
Under Secretary for Information Analysis and Infrastructure
Protection. While the Homeland Security Act created this
Office, it did not consolidate the intelligence functions of
the previously existing components of the Department that were
to become parts of Customs and Border Protection, the
Transportation Security Administration, Immigration and Customs
Enforcement, and the United States Coast Guard, among others.
Eventually, it became clear to both the Subcommittee and
the Administration that a more effective approach would be to
consolidate the Department's intelligence functions into a
centralized office. On July 13, 2005, in a reorganization
notification letter to Congress pursuant to provisions in the
Homeland Security Act of 2002, the Secretary of Homeland
Security outlined the plan to reorganize the ten different
intelligence offices within the Department. As part of the
reorganization, the Secretary elevated the Office of
Information Analysis to a stand alone office reporting directly
to the Secretary. The Secretary designated this office as the
Office of Intelligence and Analysis. He also indicated that
``the Information Analysis unit should be a DHS-wide analytic
entity that is empowered to coordinate activities and fuse
information from all intelligence offices in DHS.''
Responsibility for the integration of these activities was
given to the Chief Intelligence Officer in the January 30,
2006, DHS Management Directive entitled: ``Intelligence
Integration and Management.'' However, the Chief Intelligence
Officer was not given additional budgetary authority over the
other intelligence entities.
On October 19, 2005, the Subcommittee on Intelligence,
Information Sharing, and Terrorism Risk Assessment of the
Committee on Homeland Security and the Subcommittee on
Terrorism, Human Intelligence, Analysis and Counterintelligence
of the House Permanent Select Committee on Intelligence held a
joint hearing entitled ``The Department of Homeland Security
Second Stage Review: The Role of the Chief Intelligence
Officer.'' The Subcommittees received testimony from Mr.
Charles Allen, Chief Intelligence Officer, Department of
Homeland Security; and Mr. Richard Ben-Veniste,
9/11 Public Discourse Project. Witnesses for this hearing were
fairly unanimous in their desire for a more unified
Departmental intelligence enterprise.
As a follow up to the intervening budget and resource
hearings, on April 19, 2006, Subcommittee Staff conducted a
site visit to the Office of Intelligence and Analysis and met
with the DHS Chief Intelligence Officer to discuss the progress
of the integration of the DHS Intelligence Enterprise. On May
10, 2006, the Chief Intelligence Officer for the Department
sent the Chairman of the Subcommittee a letter outlying his
progress in the integration of the DHS Intelligence Enterprise
and the top five objectives for the office.
Monitoring this transition quickly became a priority for
the Subcommittee, leading to a hearing on May 24, 2006,
entitled ``Progress of the DHS Chief Intelligence Officer.''
The hearing examined the progress of the DHS Chief Intelligence
Officer and the efforts to integrate the DHS Intelligence
Enterprise, reach out to State, local, tribal, and private
sector officials, and integrate the office into the broader
intelligence community. The Subcommittee received testimony
from Mr. Charles E. Allen, Chief Intelligence Officer, Office
of Intelligence and Analysis, Department of Homeland Security.
DEPARTMENT OF HOMELAND SECURITY INTELLIGENCE BUDGET
Additional work overseeing the Office of Information
Analysis (and its successor pursuant to the Department of
Homeland Security's Second Stage Review, the Office of
Intelligence and Analysis) was conducted through the
traditional mechanism of budgetary oversight. Because the
budget for this office is received through the National
Intelligence Program (NIP) [previously the National Foreign
Intelligence Program (NFIP)] the budget for the Office and many
of the Subcommittee's oversight activities remain classified.
Reviewing the budgetary matters of the office began at the
outset of the 109th Congress. On February 8, 2005, Subcommittee
Staff received briefings on the Department's FY 2006 Budget
Request. This was followed by a briefing on the Transportation
Security Administration's budget on February 10, 2005, a
briefing focused specifically on the intelligence and
infrastructure protection activities of the Department on
February 11, 2005, and a briefing on customs and border budget
activities on February 14, 2005.
On February 16, 2005, the Subcommittee held a hearing
entitled ``The Proposed Fiscal Year 2006 Budget: Building the
Information Analysis Capability of DHS.'' The Subcommittee
received testimony from Lt. General Pat Hughes (Ret.), Acting
Under Secretary, Information Analysis and Infrastructure
Protection, Department of Homeland Security. This hearing was
followed by a meeting with Committee Staff on February 18,
2005, to discuss the classified portions of the Information
Analysis and Infrastructure Protection Budget.
Based on these hearings and briefings, on March 3, 2005,
the Chairman of the Subcommittee testified at the House Budget
Committee about the budget for the Department's Intelligence
Activities. While the Chairman testified that the overall
Information Analysis and Infrastructure Protection Budget was
sufficient, he also testified to the probable need to re-
allocate resources within the account. This belief led to many
of the provisions contained within H.R. 5001, H.R. 5002, H.R.
5003 and H.R. 5004 which passed without objection through the
Subcommittee and Committee.
In 2006, the Subcommittee continued its examination of the
President's Budget Submission for the Department's Intelligence
Activities. On February 2, 2006 Subcommittee Staff received a
briefing on the FY 2007 Budget for the Department and held two
classified briefings on the President's Proposed FY 2007 Budget
request for the Office of Intelligence and Analysis, on
February 8 and 15, 2005. These classified briefings afforded
Members an opportunity to be briefed on the classified National
Intelligence Program budget request for the Office of
Intelligence and Analysis.
On February 15, 2006, the Subcommittee held a hearing
entitled ``The President's Proposed FY 2007 Budget for the
Department of Homeland Security: The Office of Intelligence and
Analysis.'' The Subcommittee received testimony from Mr.
Charlie E. Allen, Chief Intelligence Officer, Department of
Homeland Security.
In the 109th Congress further oversight activities were
subsequently carried out through functional area hearings and
briefings that included, where appropriate, discussions of
resource allocation issues. In addition, subsequent hearings,
briefings and Subcommittee activities were held to oversee the
integration of other offices, such as the Transportation
Security Administration Office of Intelligence. These
activities are included below as part of the Subcommittee's
oversight for these offices' intelligence functions and areas
of responsibility.
THREAT AND RISK ASSESSMENT
The Subcommittee's Members and Staff regularly attended
threat briefings at the Full Committee and Subcommittee level
and examined a variety of topics related to threat and risk
assessment. The Chairman and Ranking Member additionally
attended several periodic threat update briefings provided by
the Department of Homeland Security (DHS or the Department) and
other members of the Intelligence Community. Subcommittee Staff
received updates as events warranted.
A number of hearings and briefings were conducted at the
request of Members of the Subcommittee. For example, on May 25,
2005, the Subcommittee held a hearing entitled ``Evaluating the
Threat of Agro-Terrorism.'' The Subcommittee received testimony
from Dr. Rocco Casagrande, Gryphon Scientific; and Mr. Joseph
W. Reardon, Food Administrator, Food and Drug Protection
Division, North Carolina Department of Agriculture and Consumer
Services. The hearing examined local concern, as represented by
Dr. Casagrande, which revolved around the potential spread of a
pest that could devastate the Nation's agricultural base.
Others testified that the terrorist threat remained low and
that natural pathogens remained the highest risk.
Based on Member interest and numerous informal requests on
the topic, on June 14, 2005, the Subcommittee held a classified
briefing for the Members of the Full Committee on Chemical
Plant Security. Members of the Committee were briefed by
representatives from the Department's Information Analysis and
Infrastructure Protection (IAIP) Directorate on the terrorist
threats to and vulnerabilities of chemical facilities.
Additionally, on March 2, 2006, the Subcommittee joined
with the Subcommittee on Economic Security, Infrastructure
Protection, and Cybersecurity of the Committee on Homeland
Security to host a classified Member briefing on terrorist
intentions toward U.S. aircraft. The Administrator of the
Transportation Security Administration (TSA) briefed Members on
the decision-making process behind the prohibited-items list,
as part of a larger picture of the strategic TSA security
strategy.
While threat is a major component of risk analysis, it is
only one of three components (the other two factors are
vulnerability and consequence). To examine the issue in more
depth, on November 17, 2005, the Subcommittee held a hearing
entitled ``Terrorism Risk Assessment at the Department of
Homeland Security.'' Testimony was received from Ms. Melissa
Smislova, Acting Director, Department of Homeland Security,
Homeland Infrastructure Threat and Risk Analysis Center
(HITRAC), Assistant Secretary for Intelligence and Analysis--
Chief Intelligence Officer, Department of Homeland Security;
Ms. Christine Wormuth, Senior Fellow--International Security
Program, Center for Strategic and International Studies; Dr.
Detlof von Winterfeldt, Director, Center for Risk and Economic
Analysis of Terrorism Events, University of Southern
California; and Dr. Henry Willis, Policy Researcher, The RAND
Corporation.
Based on work at this hearing and coupled with the 2007
expiration of the extension of the Terrorism Risk Insurance Act
of 2002 (TRIA) (P.L. 107-297), on July 25, 2006, the
Subcommittee, along with the Subcommittee on Oversight and
Investigations of the Committee on Financial Services held a
joint hearing entitled ``Terrorism Threats and the Insurance
Market.'' The Subcommittees received testimony from Mr. D.
Terry Fleming, Director for External Affairs, Risk and
Insurance Management Society; Mr. Chris Lewis, Vice President
of Alternative Market Solutions and Capital Management, The
Hartford Financial Services Group, Inc.; Mr. Peter Ulrich,
Senior Vice President for Model Management, Risk Management
Solutions; and Mr. Jeffrey DeBoer, President and CEO, Real
Estate Roundtable. The hearing addressed the lack of
availability of terrorism risk insurance coverage after the
September 11th attacks, and the problems insurance companies
and risk modelers face in assessing terrorism risk. This
hearing highlighted the difference in risk modeling for a
terrorist attack versus modeling for a natural disaster. TRIA
established a temporary three year program under which the
Federal government would share future insured terrorism losses
with the property and casualty insurance industry. A modified,
two year, version of the program was reauthorized in 2005.
Supporters of the program have advocated for another extension
of TRIA when the program expires in 2007 and cite problems in
assessing terrorism risk as the reason a private market for
terrorism insurance has not emerged.
As a follow-up to earlier briefings and discussions, on May
24, 2006, the Chairman of the Subcommittee met with the
Assistant Secretary for Infrastructure Protection, who
discussed the new strategies being implemented for the
Infrastructure Protection Directorate to catalog the nation's
critical infrastructure and key resources and coordinate risk-
based strategies and protective measures to secure them from
terrorist attack.
PRIVACY
Privacy remains one of the cornerstones of American
society. The Department of Homeland Security (DHS or
Department) Privacy Officer has oversight of all privacy policy
matters, including compliance with the Privacy Act of 1974 (5
U.S.C. 552a, as amended), the Freedom of Information Act of
1966 (5 U.S.C. 552, as amended), and the completion of Privacy
Impact Assessments on all new programs, as required by the E-
Government Act of 2002 (P.L. 107-347), and Section 222 of the
Homeland Security Act of 2002 (P.L. 107-296). In this way,
privacy is designed to be fully integrated into the
Department's activities.
The Subcommittee's oversight activities reflected a
consistent interest in privacy matters at the Department. The
Chairman and other Members of the Subcommittee questioned
witnesses during hearings and briefings about civil liberties,
data integrity, computer system safeguards, and protection of
``U.S. Persons'' information. The Subcommittee's integrated
approach to privacy uncovered some areas where privacy
protections could be improved and dedicated specific efforts to
ensure the subject received proper emphasis with Departmental
authorities, by holding further hearings.
On April 6, and May 10, 2006, the Subcommittee held a
hearing entitled ``Protection of Privacy in the DHS
Intelligence Enterprise.'' The hearing reviewed the specific
privacy protection measures that the Department has implemented
in protecting the use, acquisition, and disclosure of personal
information being used to support the DHS Intelligence
Enterprise. The Subcommittee received testimony from Ms.
Maureen Cooney, Acting Chief Privacy Officer, Department of
Homeland Security; Mr. Kirk Herath, Chief Privacy Officer, AVP-
Associate General Counsel, Nationwide Insurance Companies; Mr.
Jonathan Turley, Shapiro Professor of Public Interest Law,
George Washington Law School; and Mr. Patrick Hughes,
Lieutenant General, U.S. Army (Retired), Vice President--
Homeland Security, L-3 Communications. On May 10, the Minority
Members of the Subcommittee held a minority day of hearing, in
which no testimony was received and no witnesses were present.
On May 23, 2006, the Subcommittee on Intelligence,
Information Sharing and Terrorism Risk Assessment held an
Executive Session Member briefing on classified information
sharing among Federal intelligence partners and privacy
protection. The brief was given by the Chief Intelligence
Officer of the Department of Homeland Security and covered the
use and control of classified information that is gathered by
other Federal agencies.
Additionally, on June 7, 2006, Subcommittee Staff attended
the Department of Homeland Security's Data Privacy and
Integrity Advisory Committee meeting held in San Francisco,
California. The meeting was attended by representatives from
U.S. Immigration and Customs Enforcement (ICE), Sheffield
University Centre for Criminological Research, US-VISIT,
Google, Inc., the University of California at Berkeley,
Electronic Privacy Information Center, California Department
Motor Vehicles, Center for Democracy and Technology, Sun
Microsystems, and heard from the general public.
In response to specific reports of privacy violations and
as a result of allegations in a July 7, 2006, Los Angeles Times
article that California authorities were spying on war
protesters the Subcommittee Chairman sent a letter requesting
information on how civil liberties protections were built into
the grant system so that DHS funds would not be used by States
to violate civil liberties. On July 28, 2006, the Committee
received a response to this letter.
TRAINING
The Department of Homeland Security (DHS or Department) was
merged together from a variety of agencies and, with respect to
the Office of Intelligence and Analysis, newly created. The
Department exists in name and legislation but still lacks
within its disparate agencies an ``esprit d'corps'' and common
culture among its personnel. In order to develop a culture
throughout the intelligence components of DHS, common standards
of training and education were needed to solidify an integrated
DHS Intelligence Enterprise. This issue has been stressed
numerous times to Departmental officials, including the Chief
Intelligence Officer and Assistant Secretary for Grants and
Training, in meetings with Staff and Members. Members and
Committee Staff have encouraged the Department to further
develop an enterprise-wide approach in building curriculum and
courses to support the growth and development of both DHS
intelligence professionals and State, local, tribal and private
sector homeland security intelligence professionals.
On May 1, 2006, the Chairman of the Subcommittee sent a
letter to the Assistant Secretary of Grants and Training,
Department of Homeland Security requesting information on DHS
grants available for training to non-Federal homeland security
partners. The Subcommittee received a response on May 31, 2006.
On July 24, 2006, Subcommittee Staff visited the Federal
Law Enforcement Training Center (FLETC) facility in Cheltenham,
Maryland to review the Intelligence Analyst training curriculum
being developed by FLETC and the Office of Intelligence and
Analysis. Additionally, on August 9, 2006, Subcommittee Staff
participated in a site visit to FLETC's training facility at
Glynco, Georgia. FLETC personnel presented counterterrorism and
intelligence related curriculum being taught to both non-
Federal and Federal law enforcement officers being trained at
the Glynco facility.
On October 6, 2006, Subcommittee Staff met with the
Director for Training, Education and Professional Development,
Office of Intelligence and Analysis, Department of Homeland
Security. The Director and Subcommittee Staff reviewed the DHS
Intelligence Enterprise training, education, and professional
development program.
The general focus of oversight from the Subcommittee has
been to encourage the growth of an integrated DHS Intelligence
Enterprise that is inclusive of non-Federal intelligence
professionals. This included promoting an integrated DHS
Intelligence Enterprise through the inclusion of State, local,
tribal, and private sector intelligence professionals, expanded
grant guidance to help fund greater participation by State,
local, tribal, and private sector partners in intelligence
training and educational opportunities, and continued
partnership, investment, and expansion of FLETC training
facilities for the development of homeland security
intelligence professionals.
This oversight resulted in the new Basic Intelligence
Threat and Analysis Center (BITAC) and other intelligence
career development courses being developed by the Office of
Intelligence and Analysis' Director for Training, Education and
Professional Development and is offered to both DHS and non-
Federal homeland security intelligence professionals.
TRANSPORTATION AND MARITIME INTELLIGENCE
Every day, millions of Americans use airlines, rail or mass
transit to commute for business, school, or to go about their
daily lives. Billions of dollars of commerce flow through U.S.
ports daily, in addition to maritime transit systems such as
ferries and cruise ships. The threat to our transit systems and
their interest to terrorist groups was apparent on 9/11 and
remain apparent in the frequency by which they are attacked
internationally. Countries like the United Kingdom, the Kingdom
of Spain, the Russian Federation, Japan, the Republic of India,
the State of Israel and others, have all been the focus of
attacks on their mass transit systems by terrorist groups. The
need for efficient and effective sharing of intelligence to
prevent and disrupt acts of terrorism upon our Nation's
transportation system is evident. The Subcommittee has focused
on intelligence as the first line of defense in protecting this
vital node of our economy and livelihood.
Given the demonstrated importance of transportation
security to homeland security, the Homeland Security Act of
2002 (P.L. 107-296) consolidated many of the transportation
security-related functions of the federal government into the
Department of Homeland Security (DHS or the Department),
including the United States Coast Guard and the Transportation
Security Administration (TSA). Both the USGC and the TSA have
intelligence functions that are integral into the national
intelligence and homeland security effort. The TSA Office of
Intelligence (OI) is mandated by the Aviation and
Transportation Security Act of 2001 (ATSA) (P.L. 107-71) and is
further revised by the Homeland Security Act of 2002 (P.L. 107-
296). ATSA directs TSA to ``receive, assess, and distribute
intelligence information related to transportation security;
assess threats to transportation; develop policies, strategies,
and plans for dealing with threats to transportation security;
[and] act as the primary liaison for transportation security to
the intelligence and law enforcement communities . . .''
The TSA Office of Intelligence fuses high level
intelligence with other information to produce intelligence on
threats to aviation and other nodes of transportation. TSA
Intelligence disseminates information to Federal Security
Directors, airport staff, airline personnel and other
transportation-related agencies and entities. TSA also works
with the DHS Homeland Infrastructure Threat and Risk Analysis
Center (HITRAC) on areas of mutual concern for critical
infrastructure nodes. Under the Department of Homeland
Security's Second Stage Review, TSA is responsible for
supporting the overall DHS Intelligence Enterprise, headed by
the DHS Chief Intelligence Officer.
To examine transportation security related intelligence
issues, on January 31, 2005, and April 21, 2006 the
Subcommittee Staff received a threat briefing and discussed the
roles and responsibilities of the TSA's Office of Intelligence
and reviewed their facilities at the TSA Headquarters in
Arlington, Virginia. Additionally, in December of 2005, TSA
provided another briefing to the Committee on the threat to
aviation and the operations of the Office of Intelligence.
On June 12, 2006, Members of the Subcommittee visited the
TSA's Office of Intelligence Headquarters located in Arlington,
Virginia. Members of the Subcommittee received an overview
brief and tour of TSA's Office of Intelligence.
The Office of Intelligence has undergone a number of minor
and major reorganizations to meet both the operational
intelligence requirements of its partners and stakeholders in
transportation security and the strategic intelligence
requirements levied by the integration into the DHS
Intelligence Enterprise. To ensure that these requirements are
being met and to better understand the needs of the Office on
June 14, 2006, the Subcommittee held a hearing entitled
``Transportation Security Administration's Office of
Intelligence: Progress and Challenges.'' The hearing examined
the role of the TSA Office of Intelligence in assuring
transportation security and how the Office Intelligence is
integrating and coordinating with the broader mission of the
Department of Homeland Security. The Subcommittee received
testimony from Mr. Bill Gaches, Assistant Administrator for
Intelligence, Transportation Security Administration,
Department of Homeland Security; and Ms. Cathleen A. Berrick,
Director, Homeland Security and Justice, Government
Accountability Office.
In order to effectively screen and identify passengers and
cargo, TSA relies on entities such as the National Targeting
Center and the Terrorist Screening Center to provide data for
use in screening. Subcommittee Members and Staff visited the
National Targeting Center and the Terrorist Screening Center on
January 25, 2005, and had discussions on their operations and
responsibilities. Additionally, on November 15, 2005, the
Subcommittee hosted a briefing for all Committee Members with
the Director of the Terrorist Screening Center.
Screening activities sometimes involve cases of mistaken
identity, on July 13, 2006, Committee Staff received a brief
from the Government Accountability Office reviewing the
misidentifications and redress processes at Terrorist Screening
Center and other screening agencies.
Another major component to U.S. transportation and
commercial security involves the maritime domain. The Coast
Guard has homeland security, transportation security, public
safety and environmental duties. On an average day, the Coast
Guard enforces 129 security zones, interdicts 15 illegal
migrants at sea, boards 4 high interest vessels and 192 vessels
of law enforcement interest, boards 122 large vessels for port
safety checks, responds to 11 oil and hazardous chemical
spills, and monitors the transit of 2,557 commercial ships
through U.S. ports. The volume and diversity of the Coast
Guard's responsibilities makes it essential that it be a robust
producer and consumer of intelligence in order to focus its
limited resources on high priority homeland security mission
areas.
On January 14, 2005, Subcommittee Staff attended a briefing
on an overview of Coast Guard activities and on March 7, 2006,
the Subcommittee joined with the Subcommittee on Economic
Security, Infrastructure Protection, and Cybersecurity of the
Committee on Homeland Security to conduct a Member site visit
to the Coast Guard Intelligence Coordination Center in Suitland
Maryland. Members of the Subcommittee received an overview of
the Coast Guard's role in homeland security-related maritime
intelligence and on the overall Department's information
sharing architecture.
Additionally, on August 10, 2006, Subcommittee Staff
participated in a site visit to the Coast Guard Jacksonville
Sector Command in Jacksonville, Florida. Representatives from
the Florida Department of Law Enforcement, High Intensity Drug
Trafficking Area (HIDTA), FBI Joint Terrorism Task Force, FBI
Special Agent in Charge, Jacksonville Sheriff's Office,
Jacksonville Port Authority, Customs and Border Protection, and
the Coast Guard Jacksonville Sector Command briefed on how
intelligence and terrorist related information is coordinated
and shared between the different homeland security partners in
the Jacksonville area. The site visit also included tour of the
Jacksonville port onboard a U.S. Coast Guard vessel reviewing
the vulnerabilities to the critical infrastructure within the
port from terrorist attacks.
BORDER SECURITY
For terrorists and their supporters, the ability to move
innocuously across international borders is vital to their
ability to effectively plan, finance, and execute terrorist
attacks. The September 11th hijackers were able to gain entry
33 times into the United States. Keeping terrorists out of the
country, or detecting and following their movements depends on
information and intelligence, and getting that information into
the right hands.
In addition to regular Staff and Member threat briefings on
border activities throughout the 109th Congress and regular
briefings with intelligence components of the Department, the
Subcommittee was engaged in a number of activities covering
border intelligence issues.
On April 6, 2005, Subcommittee Staff attended a briefing
from former members of the border security team of the National
Commission on Terrorist Attacks Upon the United States, who
studied how terrorists penetrate U.S. borders. On August 16-17,
2005 Subcommittee Staff visited border facilities in El Paso,
Texas, including the Border Patrol Air Facility, the Border
Patrol Tactical Unit (BORTAC), the Border Patrol Field
Intelligence Center, the Department of Defense Joint Task
Force-North, and the El Paso Intelligence Center (EPIC).
On October 24 through 25, 2005, the Department of Homeland
Security (DHS or Department) held a conference to gather input
from DHS and Intelligence Community partners to formulate
better intelligence strategies to develop the DHS Chief
Intelligence Officer's Intelligence Campaign Plan to support
the Department's Secure Borders Initiative. Among the needed
improvements identified as a result of the conference were
greater focus on strategic analysis; coordination and
integration of analytic efforts at both the tactical and
strategic levels; inclusion of DHS agent and inspector insight
in collection and exploitation activities; better-defined areas
of responsibility for information sharing; and dissemination
of, and identified repositories for, relevant information.
The Intelligence Campaign Plan (ICP) for Border Security
was created by the Chief Intelligence Officer to develop and
implement a comprehensive strategy for collection and analysis
of border security intelligence. The overall approach for the
ICP is to bring National intelligence resources to bear on the
border while at the same time fusing intelligence from DHS
border and immigration activities into an integrated threat
picture. This approach is consistent with ongoing operational
efforts to push the border outward and building a layered
defense. The ICP effectively coordinates and streamlines
interagency intelligence efforts on the border, notably the El
Paso centers visited in 2005, where three valuable intelligence
centers, run by elements of three different Cabinet agencies,
are exploring new ways to work together on their common mission
of securing the border.
On June 27, 2006, Subcommittee Staff received a brief from
the DHS Office of Intelligence and Analysis on how the
Department will integrate component agency information and
intelligence being collected on the Southern border through the
development of the Intelligence Campaign Plan.
The Subcommittee held a hearing on June 28, 2006, entitled
``DHS Intelligence and Border Security: Delivering Operational
Intelligence.'' The Subcommittee received testimony from Mr.
Charles E. Allen, Chief Intelligence Officer, Office of
Intelligence Analysis, Department of Homeland Security; Mr.
James Sloan, Assistant Commandant for Intelligence, United
States Coast Guard, Department of Homeland Security; Ms.
Cynthia O'Connell, Acting Director, Office of Intelligence,
Immigration and Customs Enforcement, Department of Homeland
Security; Mr. L. Thomas Bortmes, Director, Office of
Intelligence, Customs and Border Protection, Department of
Homeland Security; Mr. Michael W. Cutler, Fellow, Center for
Immigration Studies; and Mr. Michael O'Hanlon, Senior Fellow in
Foreign Policy Studies, Brookings Institution. The hearing
examined the progress of the Department's component agencies at
fusing intelligence from DHS border and immigration activities
into an integrated threat picture and the measures being taken
to deliver actionable intelligence to the men and women
securing our borders.
Additionally, given the interconnection between Department
of Defense (DoD) border activities and DHS activities observed
during the trip to El Paso and discussed during the border
conference, on May 8, 2006 Subcommittee Staff met with DoD
officials to discuss applicability of DoD Intelligence,
Surveillance, and Reconnaissance (ISR) research and development
and its application to help better secure the border. On June
12, 2006, Subcommittee Staff received a classified brief on
existing and emerging innovations in ISR technologies operated
by the DHS components and DoD ISR programs supporting missions
abroad and domestically that could have potential applicability
for use by DHS components from DHS and DoD program managers.
STATE AND LOCAL INFORMATION SHARING AND THE INFORMATION SHARING
ENVIRONMENT
The Homeland Security Act of 2002 (P.L. 107-296) gave the
Department of Homeland Security (DHS or Department) the lead
role in integrating Federal, State, local and tribal
information into a comprehensive picture of vulnerability and
threat. The Subcommittee has led Congressional efforts to
oversee this Departmental responsibility and has engaged in a
variety of activities in order to strengthen cooperation and
coordination of information sharing efforts. This includes
regular meetings with DHS officials, the Government
Accountability Office, officials from the Homeland Security
Advisory Council (HSAC), the Homeland Security Council, regular
contact with the office of the Information Sharing Program
Manager and other stakeholders, including those involved with
the Department of Justice Global Justice Information Sharing
Initiative.
Since the Homeland Security Act was passed, many Federal
agencies proceeded to develop their own systems, procedures and
sharing mechanisms independently of one another. As a result,
on December 2, 2005, the Chairman of the Subcommittee on
Intelligence, Information Sharing, and Terrorism Risk
Assessment sent a letter requesting the Government
Accountability Office (GAO) update a report entitled ``Homeland
Security: Efforts to Improve Information Sharing Need to be
Strengthened'' (GAO-03-760). On December 13, 2005, GAO
indicated that they would review the report, which is ongoing.
One example of a system created after the Homeland Security
Act is the Homeland Security Information Network (HSIN). HSIN
is a secure, unclassified, web-based communications system that
serves as DHS' primary nation-wide information sharing and
collaboration network. The network provides connectivity
between DHS' Homeland Security Operations Center (HSOC),
critical private industry and federal, state, and local
organizations responsible for or involved in combating
terrorism, responding to critical incidents, and managing
special events. However, State and local law enforcement were
already using other information sharing systems such as the Law
Enforcement Online and Regional Information Sharing System.
Many of the intended users for HSIN did not utilize the system
because they believed it to be duplicative. Therefore, on
October 17, 2005, the Chairman and Ranking Member of the
Subcommittee on Intelligence, information Sharing, and
Terrorism Risk Assessment sent a letter to the Director of the
Homeland Security Operations Center to examine the HSIN.
Specifically the Subcommittee requested further information on
the system and the recent withdrawal of some entities from the
network. The Director of the HSOC responded with staff
briefings on October 21, 2005 and regular updates.
Additionally, on April 27, 2006, the Subcommittee held a
Member briefing on the GAO report; ``Information Sharing: The
Federal Government Needs to Establish Policies and Processes
for Sharing Terrorism-Related and Sensitive but Unclassified
Information'' (GAO-06-385). Representatives from the Government
Accountability Office briefed Members on the content of the
report. The conclusion of the report is the Department's HSIN
is not effectively supporting State and local information
sharing. In response to these findings, the DHS Office of the
Inspector General issued five recommendations to the acting
Director of the Office of Operations Coordination to ensure the
effectiveness of the HSIN system and information sharing
approach. On July 13, 2006, personnel from the DHS Office of
Inspector General presented their report, OIG-06-38, on the
Homeland Security Information Network to Subcommittee Staff.
Its findings were similar to those of GAO. On September 13,
2006, the Subcommittee held a hearing entitled ``The Homeland
Security Information Network: An Update on DHS Information
Sharing Efforts.'' The hearing identified the Department's
plans and activities for sharing information with State and
local governments; determined how well HSIN supports these
plans and activities; and identified existing challenges to
information sharing between DHS and State, local, tribal, and
private sector partners. The Subcommittee received testimony
from Mr. Frank Deffer, Assistant Inspector General, Department
of Homeland Security; Mr. Roger T. Rufe, Director, Operations
Directorate, Department of Homeland Security; Mr. Charlie
Allen, Chief Intelligence Officer, Department of Homeland
Security; Mr. Ian Hay, President, SouthEast Emergency Response
Network (SEERN) Interim Governance; Captain Charles Rapp,
Director, Maryland Coordination and Analysis Center (MCAC); and
Ms. Maureen Baginski, Director, BearingPoint Intelligence
Sector.
THE INTELLIGENCE REFORM AND TERRORISM PREVENTION ACT
Anticipating these and other difficulties with the
disparate approach to information sharing, the Intelligence
Reform and Terrorism Prevention Act of 2004 (IRTPA) (P.L. 108-
458) established the Information Sharing Environment (ISE) and
the office of the Program Manager. The Program Manager was
designated to assist, in consultation in the Information
Sharing Council (ISC), in the development of policies,
procedures, guidelines, rules and standards for the ISE at the
Federal level, and to coordinate the development and operation
of the ISE for Federal, State, local and tribal officials. The
Program Manager must also manage the development and
implementation of the ISE by Federal departments and agencies
to ensure adequate progress, technological consistency, and
policy compliance.
Understanding the difficulties with the Homeland Security
Information Network (HSIN) and the mandate for the Department
of Homeland Security (DHS or Department) and the Program
Manager, on July 20, 2005, the Subcommittee held a hearing
entitled ``A Progress Report on Information Sharing for
Homeland Security.'' The Subcommittee received testimony from
Mr. John Cohen, Senior Homeland Security Policy Advisor,
Executive Office of Public Safety, Commonwealth of
Massachusetts; Mr. Gary Edwards, Chief Executive Officer,
National Native American Law Enforcement Association; Dr. Lee
Colwell, Executive Director, Pegasus Research Foundation; Mr.
Matthew Broderick, Director, Homeland Security Operations
Center, Department of Homeland Security; and Mr. Joshua D.
Filler, Director, Office of State and Local Government
Coordination, Department of Homeland Security. The consensus of
the witnesses was that information sharing had improved
dramatically since 9/11, but still had plenty of room to
improve.
Given the role of the Program Manager in the Nation's
homeland security information sharing efforts, the Subcommittee
remained engaged with the Program Manager's office from its
inception. On November 2, 2005, the Chairman of the
Subcommittee met with Mr. John Russack, Information Sharing
Program Manager and on November 8, 2005, the Subcommittee held
a hearing entitled ``Federal Support for Homeland Security
Information Sharing: The Role of the Information Sharing
Program Manager.'' Testimony was received from Mr. John
Russack, Information Sharing Program Manager, Office of the
Director of National Intelligence; Hon. Lee Hamilton, Vice
Chairman, 9/11 Public Discourse Project; and Mr. William
Crowell, Markle Foundation Task Force on National Security in
the Information Age.
On April 17 and 28, 2006, Subcommittee Staff met with staff
from the Information Sharing Program Manager's office to review
the progress of the office in implementing legislative mandates
prescribed by the Intelligence Reform and Terrorism Prevention
Act of 2004. Additionally, on April 26, 2006, the Chairman of
the Subcommittee met with the newly designated Information
Sharing Program Manager to discuss the progress of the
implementation of the Information Sharing Environment.
On May 10, 2006, the Subcommittee held a hearing entitled
``Building the Information Sharing Environment: Addressing the
Challenges of Implementation.'' The hearing examined the
progress and issues associated with the Federal government's
information sharing efforts; future plans for the Information
Sharing Environment; challenges and issues of establishing an
information sharing environment that will include State, local,
tribal, and private sector partners; and assess the level of
cooperation the Program Manager has received from other Federal
agencies. The Subcommittee received testimony from Ambassador
Ted McNamara, Information Sharing Program Manager, Office of
the Director of National Intelligence. On November 16, 2006,
the Program Manager delivered to the Committee on Homeland
Security the Implementation Plan Report for the Information
Sharing Environment.
STATE AND LOCAL FUSION CENTERS
There are over 38 recognized State and Local Fusion Centers
(SLFC) operating across the country. States are creating SLFCs
to meet their internal needs and each is unique. Some SLFCs are
based on an all-crimes, all-hazards approach, while others have
adapted a purely counter-terrorism focus.
The Subcommittee has led Congressional efforts to
understand, appreciate and build upon State and local efforts
to develop fusion centers. On December 2, 2005, the Chairman of
the Subcommittee sent a letter requesting the Government
Accountability Office (GAO) to review issues relating to
information ``fusion'' centers at the Federal, State, regional,
and local levels. On December 13, 2005, GAO accepted the review
of fusion centers, which is ongoing.
On April 12, and July 11 and 18, 2006, Subcommittee Staff
met with officials from the Department of Homeland Security
(DHS or Department) Office of Intelligence Analysis and
received updates on the DHS and State & Local Fusion Center
Support Implementation Plan. The briefs reviewed the
Department's ongoing efforts to develop and implement their
mandated responsibilities to facilitate the flow of threat
information among State, local, tribal, and private sector
homeland security partners, national intelligence and law
enforcement communities.
On May 11, 2006, the Subcommittee held an executive
briefing for Members on the different governance structures of
State and Local Fusion Centers and on June 6, 2006, the
Chairman sent a letter to the Secretary of Homeland Security
requesting an update on the status of DHS efforts surrounding
State and local fusion centers. On June 28, 2006, the Assistant
Secretary for Intelligence and Analysis, Department of Homeland
Security indicated that he intended to keep the Committee
informed and updated on the status of this program.
On March 7, 2006, the Subcommittee's efforts on fusion
centers led to the approval and release of the Department of
Homeland Security Support Implementation Plan for State & Local
Fusion Centers. The leading principles behind the plan are to
build on existing Federal relationships with State and local
authorities; integrate and analyze information and
intelligence; and encourage interagency cooperation and
integrate intelligence into a system that can benefit homeland
security and counterterrorism programs at all levels.
Because fusion centers are created and led by State, local,
tribal, and private sector partnerships, the Subcommittee Staff
and Members visited several fusion centers across the Nation to
understand the unique needs, challenges, and requirements
generated by the centers. On May 22, 2006, Members of the
Subcommittee on Intelligence, Information Sharing, and
Terrorism Risk Assessment conducted a site visit of the
Maryland Coordination and Analysis Center (MCAC) in Baltimore,
Maryland. The Members received an overview of the MCACs role in
Maryland's security strategy and how it integrated into the
overall Department of Homeland Security's missions. On June 8,
and October 10, 2006, Subcommittee Staff met with the Los
Angeles Joint Regional Intelligence Center (LA-JRIC) Unified
Command, the DHS Regional California Intelligence Liaison
Officer, and representatives of the Archangel project.
Subcommittee Staff received an overview brief on the
organizational structure and mission of the JRIC and how
Federal information and intelligence is integrated into their
fusion process. Following the briefing at the LA JRIC on June
8, Subcommittee Staff conducted a site visit of the Port of
Long Beach aboard a Long Beach Port Police Boat to review the
security risks from terrorist attacks.
On June 26, 2006, Subcommittee Staff visited the Virginia
State Fusion Center to review and assess the level and quality
of information sharing and intelligence support being given to
the fusion center by the Department of Homeland Security. On
August 8, 2006, Subcommittee Staff participated in a site visit
to the Georgia Information Sharing and Analysis Center (GISAC)
in Atlanta, GA. Personnel from the State of Georgia, DHS, and
FBI gave presentations on how terrorist related information is
gathered and processed for the State of Georgia. On August 11,
2006, Subcommittee Staff participated in a site visit to
Florida's State Fusion Center. Personnel from the Florida
Department of Law Enforcement briefed Subcommittee Staff on how
terrorist related information is gathered and processed for the
State of Florida. Discussion focused on the coordination role
of State, local, tribal, private sector, and Federal homeland
security partners on terrorist related information; application
of the Homeland Security Information Sharing Network, and
intelligence training curriculum being developed by the State
for Florida for State intelligence analysts.
On July 18, 2006, the Subcommittee on Intelligence,
Information Sharing and Terrorism Risk Assessment hosted a
briefing for the Members of the Committee on Homeland Security
on the DHS State and Local Fusion Center Initiative.
Representatives from the Department of Homeland Security's
Office of Intelligence and Analysis were present to brief
Members.
On July 26, 2006, the Chairman of the Subcommittee and
Subcommittee Staff met with the FBI Assistant Director for the
Directorate of Intelligence to discuss and clarify the FBI's
role in the Information Sharing Environment and their
responsibility to gather and disseminate information and
intelligence to State, local, tribal, and private sector
homeland security partners.
As a result of these oversight efforts, on September 7,
2006, the Subcommittee held a hearing entitled ``State and
Local Fusion Centers and the Role of DHS.'' The hearing
examined the DHS implementation and support plan for State and
Local Fusion Centers; determined how well the DHS SLFC plan
will meet the information sharing needs of non-federal homeland
security partners; and identified the existing challenges to
information sharing between DHS and State, local, tribal, and
private sector homeland security partners. The Subcommittee
received testimony from Mr. Charlie Allen, Chief Intelligence
Officer, Department of Homeland Security; Col. Ken Bouche,
Deputy Director, Information & Technology Command, Illinois
State Police; Ms. Amy Whitmore, Analyst Supervisor, Virginia
Fusion Center, Virginia State Police; Mr. Richard Canas,
Director, New Jersey Office of Homeland Security and
Preparedness.
RADICALIZATION
According to the recent Department of State Country Reports
on Global Terrorism 2005, the threat from radical Jihadists is
becoming more widespread, diffuse, and increasingly homegrown.
Domestic radicalization has manifested itself in the bombings
in Madrid in 2004 and London in 2005, and operations recently
uncovered in Canada, the United Kingdom, and the States of
California, Florida, and Georgia involving Islamic extremists.
According to the Federal Bureau of Investigations (FBI)--since
the September 11th attacks, and as of August 31, 2006, 288
defendants have been convicted or have pleaded guilty in
terrorism or terrorism-related cases arising from
investigations conducted primarily after September 11, 2001. In
addition to these convictions, there are approximately 168
other defendants who have been charged since September 11,
2001, in connection with terrorism or terrorism-related
investigations. Those cases are either still pending in Federal
courts, have not resulted in criminal convictions, or involve
defendants who are fugitives or are awaiting extradition.
The Subcommittee's interest in home-grown radicalism began
in early 2005, when the Subcommittee requested threat
information on domestic extremism. This threat information was
received on April 26, 2005. Ongoing staff efforts led to a
Subcommittee Staff briefing on prison radicalization in
February of 2006 with representatives from the George
Washington University. On February 8, 2006, the Subcommittee
joined with the Subcommittee on Economic Security,
Infrastructure Protection, and Cybersecurity to host a Member
briefing on radicalization in United States prisons.
Representatives from the Homeland Security Policy Institute and
Critical Incident Analysis Groups (CIAG) briefed Members on
militant radicalization within U.S. prisons and its connection
with terrorist cells.
Based on this briefing, further research and the arrest of
home-grown terrorists in Toronto, Canada, the Subcommittee held
a Member briefing on July 12, 2006, on the terrorist
radicalization process, including specific examples of the
process at work. The Members received information from
representatives from National Counterterrorism Center (NCTC)
and the FBI.
The Subcommittee Members and Staff conducted a
Congressional Delegation (CODEL) to Toronto, Canada on July 16,
2006 to discuss the Toronto-area arrest of 17 individuals
involved with a terrorist plot against Ontario, Canada. The
Subcommittee also examined the Canadian experience with
domestic radicalization and other intelligence and information-
sharing issues. Members of the CODEL met with Canadian law
enforcement and intelligence officials, including the Royal
Canadian Mounted Police, Canadian Security and Intelligence
Service, and local Muslim leaders. The CODEL also met with U.S.
officials from the U.S. Consulate in Toronto and Customs and
Border Protection officials to discuss cooperation between U.S.
Federal agencies and Canada.
As a result of these activities, on September 20, 2006, the
Subcommittee held a hearing entitled ``The Homeland Security
Implications of Radicalization.'' The hearing examined the
trends in radicalization producing home grown terrorists and
identified the current activities the NCTC, the FBI, and DHS
are currently pursuing to mitigate the risk to homeland
security posed from radicalization. The Subcommittee received
testimony from Mr. Randall Blake, al Qa'ida Group Chief,
National Counterterrorism Center; Mr. Don Van Duyn Assistant
Director, Counterterrorism Division, Federal Bureau of
Investigations; Mr. Javed Ali, Senior Intelligence Officer,
Department of Homeland Security; Dr. Walid Phares, Senior
Fellow, Foundation for the Defense of Democracies; Mr. Frank
Cilluffo, Director, Homeland Security Policy Institute, The
George Washington University; Mr. John Woodward, Associate
Director, RAND Intelligence Policy Center; Mr. Steve Emerson,
Executive Director, The Investigative Project on Terrorism.
Immediately following the conclusion of the hearing, the
Subcommittee held a briefing in Executive Session on the
terrorist radicalization process. Representatives from the
NCTC, the FBI, and DHS were present to brief Members.
On October 2, 2006, Subcommittee Staff received a briefing
from the Federal Bureau of Prisons on the issues and challenges
prison radicalization.
OPEN SOURCE INTELLIGENCE
Open Source Information is publicly available information
(i.e., any member of the public could lawfully obtain the
information by request or observation), as well as other
unclassified information that has limited public distribution
or access. Open Source Intelligence is the product of applying
the intelligence process to open source information, turning
that raw information into an intelligence product.
The Central Intelligence Agency Strategic Intelligence
Plan, authored by the former Assistant Director of Central
Intelligence for Analysis and Production, includes
recommendations to improve the utilization and analysis of open
source information. The plan recognizes that ``harnessing open
source information is a key challenge today and will be
tomorrow because there is so much of it, and because a lot of
it is critical to our needs.'' The National Commission on
Terrorist Attacks Upon the United States recommended the
creation of a new Open Source Agency under the Commission's
proposed Deputy National Intelligence Director for Foreign
Intelligence. The Commission on the Intelligence Capabilities
of the United States Regarding Weapons of Mass Destruction also
had several recommendations regarding the use of open source
information.
Given the potential for the use of open source
intelligence, and the creation of a new department with
intelligence responsibilities, on June 21, 2005, the
Subcommittee held a hearing entitled ``Using Open-Source
Information Effectively'' to examine how the Department of
Homeland Security was using Open Source Information. The
Subcommittee received testimony from Dr. John Gannon, Vice
President for Global Analysis, BAE Systems, Information
Technology; Mr. Eliot Jardines, President, Open Source
Publishing, Inc.; and Mr. Joe Onek, Senior Policy Analyst, Open
Society Institute. Based on interest generated by this hearing,
on September 15, 2005, the Subcommittee hosted an Open Source
Technology and Policy fair open to Members of Congress, their
staff, and the public in order to provide more information on
Open Source Intelligence.
Subcommittee on Intelligence, Information Sharing, and Terrorism Risk
Assessment Hearings Held
The Proposed Fiscal Year 2006 Budget: Building the
Information Analysis Capabilities of DHS. Hearing held February
16, 2005. Serial No. 109-2.
Evaluating the Threat of Agro-Terrorism. Hearing held May
25, 2005. Serial No. 109-16.
Using Open-Source Information Effectively. Hearing held
June 21, 2005. Serial No. 109-22.
A Progress Report on Information Sharing for Homeland
Security. Hearing held July 20, 2005. Serial No. 109-33.
The Department of Homeland Security Second Stage Review:
The Role of the Chief Intelligence Officer. Joint hearing with
the House Permanent Select Committee on Intelligence,
Subcommittee on Terrorism, Human Intelligence, Analysis and
Counterintelligence held October 19, 2005. Serial No. 109-47.
Federal Support for Homeland Security Information Sharing:
The Role of the Information Sharing Program Manager. Hearing
held November 8, 2005. Serial No. 109-55.
Terrorism Risk Assessment at the Department of Homeland
Security. Hearing held November 17, 2005. Serial No. 109-58.
The President's Proposed FY07 Budget for the Department of
Homeland Security: The Office of Intelligence and Analysis.
Hearing held February 17, 2005. Serial No. 109-63.
Protection of Privacy in the DHS Intelligence Enterprise.
Hearing held April 6 and May 10, 2005. Serial No. 109-72.
Building the Information Sharing Environment: Addressing
the Challenges of Implementation. Hearing held May 10, 2006.
Serial No. 109-74.
Examining the Progress of the DHS Chief Intelligence
Officer. Hearing held May 24, 2006. Serial No. 109-80.
Transportation Security Administration's Office of
Intelligence: Progress and Challenges. Hearing held June 14,
2006. Serial No. 109-83.
DHS Intelligence and Border Security: Delivering
Operational Intelligence. Hearing held June 28, 2006. Serial
No. 109-89.
Terrorism Threats and the Insurance Market. Joint hearing
with the Subcommittee on Oversight and Investigations of the
Committee on Financial Services held July 25, 2006. Serial No.
109-93.
State and Local Fusion Centers and the Role of DHS. Hearing
held September 7, 2006. Serial No. 109-99.
The Homeland Security Information Network: An Update on DHS
Information Sharing Efforts. Hearing held September 13, 2006.
Serial No. 109-101.
The Homeland Security Implications of Radicalization.
Hearing held September 20, 2006. Serial No. 109-105.
Subcommittee on Intelligence, Information Sharing, and Terrorism Risk
Assessment Markups Held
Committee Print entitled ``The Homeland Security
Information Sharing and Enhancement Act of 2005.''; was ordered
favorably forwarded to the Full Committee for consideration,
without amendment, by Voice Vote. April 26, 2005.
Committee Print entitled ``To reorganize the Directorate
for Information Analysis and Infrastructure Protection of the
Department of Homeland Security, to facilitate homeland
security information sharing, and for other purposes.''; was
ordered favorably forwarded to the Full Committee, without
amendment, by Voice Vote. March 29, 2006.
Subcommittee on Intelligence, Information Sharing, and Terrorism Risk
Assessment Briefings and Site Visits Held
Executive, Member Briefing on Chemical Facilities Security.
June 14, 2005.
Executive, Member Briefing on Assessing the Threat to
America's Ports.
Open Source Technology and Policy Fair. June 22, 2005.
September 15, 2005.
Member Briefing with the Subcommittee on Intelligence,
Information Sharing, and Terrorism Risk Assessment on security
vulnerabilities of portable electronic devices and U.S.
government cyber systems. November 13, 2005.
Site visit to the Transportation Security Operation Center
and receive a briefing on the Transportation Security
Administration's intelligence unit. November 7, 2005.
Member Briefing with the Subcommittee on Economic Security,
Infrastructure Protection, and Cybersecurity on the overview
and role of the Immigration and Customs Enforcement (ICE)
Forensic Document Laboratory (FDL). December 7, 2005.
Member site visit of the National Counterterrorism Center
(NCTC). February 7, 2006.
Member Briefing on the President's Proposed FY 2007 Budget
request for the Office of Intelligence and Analysis, Department
of Homeland Security. February 8, 2006.
Member Briefing with the Subcommittee on Economic Security,
Infrastructure Protection, and Cybersecurity on the
radicalization in United States prisons. February 8, 2006.
Member Briefing on the President's Proposed FY 2007 Budget
request for the Office of Intelligence and Analysis, Department
of Homeland Security. February 15, 2006.
Member Briefing with the Subcommittee on Economic Security,
Infrastructure Protection, and Cybersecurity on terrorist
intentions toward U.S. aircraft. March 2, 2006.
Site visit to US Northern Command, Peterson Air Force Base,
Colorado. March 22 through 24, 2006.
Member Briefing on the GAO report Information Sharing: The
Federal Government Needs to Establish Policies and Processes
for Sharing Terrorism-Related and Sensitive but Unclassified
Information (GAO-06-385). April 27, 2006.
Executive, briefing on the different governance structures
of State and Local Fusion Centers. May 11, 2006.
Site visit to the Maryland Coordination and Analysis Center
(MCAC) located near Baltimore, Maryland. May 22, 2006.
Executive, briefing on the sharing of classified
information among Federal intelligence partners: DHS access and
information controls. May 23, 2006.
Site visit of the Transportation Security Administration's
(TSA) Office of Intelligence Headquarters. June 12, 2006.
Member Briefing on the terrorist radicalization process,
including specific examples of the process at work. July 12,
2006.
Member Briefing on the terrorist radicalization process,
including specific examples of the process at work. September
20, 2006.
Subcommittee on Management, Integration, and Oversight
MIKE ROGERS, Alabama, Chairman
Kendrick B. Meek, Florida John Linder, Georgia
Edward J. Markey, Massachusetts Mark E. Souder, Indiana
Zoe Lofgren, California Tom Davis, Virginia
Sheila Jackson-Lee, Texas Katherine Harris, Florida
Bill Pascrell, Jr., New Jersey David G. Reichert, Washington
Bennie G. Thompson, Mississippi (Ex Officio) T. McCaul, Texas
Peter T. King, New York (Ex
Officio)
Jurisdiction: Oversight of Department of Homeland Security progress in
implementing the management and organizational directives of the
Homeland Security Act and other homeland security-related mandates;
Department of Homeland Security offices responsible for the provision
of department-wide services, including the Under Secretary for
Management, the Chief Information Officer, and the Chief Financial
Officer; cross-directorate, Department-wide standardization and
programmatic initiatives; investigations and reports by the Inspector
General of the Department of Homeland Security; standardization and
security of Department of Homeland Security communications systems and
information technology infrastructure; harmonization and effectiveness
of Department of Homeland Security budgeting, acquisition, procurement,
personnel, and financial management systems; incentives and barriers to
hiring that affect Department components; Department of Homeland
Security-initiated internal reorganizations; conducting relevant
oversight; and other matters referred to the Subcommittee by the
Chairman.
------
Legislative Activities of the Subcommittee on Management, Integration,
and Oversight
DEPARTMENT OF HOMELAND SECURITY CYBERSECURITY ENHANCEMENT ACT OF 2005
H.R. 285
To amend the Homeland Security Act of 2002 to enhance
cybersecurity, and for other purposes.
Summary
H.R. 285, establishes within the Department of Homeland
Security (DHS) a National Cybersecurity Office, headed by an
Assistant Secretary for Cybersecurity, who would have primary
authority within the Department for both, all cybersecurity-
related critical infrastructure programs of DHS as well as the
National Communications System. The bill enumerates the
responsibilities of the Assistant Secretary including
establishing and managing a national cybersecurity response
system; a National cybersecurity threat and vulnerability
reduction program; a national cybersecurity awareness and
training program; a Government cybersecurity program; and a
national security and international cybersecurity cooperation
program. The bill also requires the Assistant Secretary to
coordinate and share information with the private sector as
well as other Federal agencies regarding cybersecurity-related
programs, policies and operations.
Legislative History
H.R. 285 was introduced on January 6, 2005, by Mr.
Thornberry and Ms. Zoe Lofgren of California, and referred
solely to the Committee on Homeland Security. Within the
Committee, H.R. 285 was referred to the Subcommittee on
Economic Security, Infrastructure Protection, and
Cybersecurity, and the Subcommittee on Management, Integration,
and Oversight.
On April 20, 2005, the Subcommittee on Economic Security,
Infrastructure Protection, and Cybersecurity held a hearing on
H.R. 285. The Subcommittee received testimony from Mr. Amit
Yoran, President, Yoran Associates; Mr. Harris Miller,
President, Information Technology Association of America; Mr.
Paul Kurtz, Executive Director, Cyber Security Industry
Alliance; Ms. Catherine Allen, President and CEO, BITS,
Financial Services Roundtable; and Mr. Ken Silva, Chairman of
the Board of Directors, Internet Security Alliance.
On April 20, 2005, the Subcommittee on Economic Security,
Infrastructure Protection, and Cybersecurity considered H.R.
285 and ordered the measure favorably reported to the Full
Committee for consideration, without amendment, by voice vote.
On that same date, the Subcommittee on Management, Integration,
and Oversight discharged itself from further consideration of
H.R. 285. No further action occurred on H.R. 285.
DEPARTMENT OF HOMELAND SECURITY MANAGEMENT AND OPERATIONS IMPROVEMENT
ACT OF 2006
Summary
The Committee Print entitled ``Department of Homeland
Security Management and Operations Improvement Act of 2006,''
contained a number of provisions intended to provide for more
effective and efficient management of the Department of
Homeland Security and its resources, including directives to
control the costs of hiring, training, and deploying new Border
Patrol agents; integrating and consolidating DHS management
systems, and monitoring of contracts for border security valued
at greater than $20 million.
Legislative History
The Subcommittee on Management, Integration, and Oversight
considered a Committee Print entitled ``Department of Homeland
Security Management and Operations Improvement Act of 2006.''
on March 15, 2006, and forwarded the measure to the Full
Committee for consideration, amended, by voice vote.
The text of the Committee Print, as agreed to by the
Subcommittee on Management, Integration, and Oversight provided
the basis for major portions of Title II of H.R. 5814, the
``Department of Homeland Security Authorization Act for FY
2007,'' as introduced. H.R. 5814 was ordered reported by the
Committee on July 19, 2006. See discussion of H.R. 5814, listed
above.
Oversight Activities of the Subcommittee on Management, Integration,
and Oversight
9/11 FEDERAL ASSISTANCE TO NEW YORK
In December 2005, the Chairman of the Full Committee
requested the Subcommittee review allegations of waste, fraud,
and abuse of Federal assistance provided to New York City after
the terrorist attacks of September 11, 2001. As part of this
review, Subcommittee Staff met with officials from Federal,
State, and local government agencies, as well as non-
governmental organizations involved in the response, recovery,
and rebuilding of New York City after the terrorist attacks of
September 11th. Subcommittee Staff traveled to New York City on
February 23 and 24, 2006; March 20 through 22, 2006; May 31,
2006; and June 1, 2006, to meet with senior officials in
Federal, State and local offices, including: the Federal
Transit Administration; the Department of Housing and Urban
Development; the Small Business Administration Office of
Inspector General; the Department of Housing and Urban
Development Office of Inspector General; the Empire State
Development Corporation; the Lower Manhattan Development
Corporation; the Port Authority of New York and New Jersey; the
New York City Department of Design and Construction; the New
York City Department of Investigation; the U.S. District
Attorney's Office; and Good Jobs New York. Additional meetings
were conducted in Washington, DC, with: the Department of
Homeland Security Office of Inspector General; the Federal
Emergency Management Agency; the Small Business Administration;
the Government Accountability Office; the Department of Labor
Office of Inspector General; and the American Red Cross. These
meetings focused on the expenditure of Federal assistance
funds; the Federal, State, and local programs that channeled
those funds to support the response, recovery, and rebuilding
of Lower Manhattan; fraud and abuse controls; and
investigations of fraud and abuse. The information gathered
through the Subcommittee's review led to a series of three
hearings on July 12 and 13, 2006, entitled ``An Examination of
9/11 Federal Assistance to New York: Lessons Learned in
Preventing, Waste, Fraud, Abuse, and Mismanagement.'' For the
purpose of the hearings, the major themes and findings of the
Subcommittee's review were separated into three categories
reflecting the events following 9/11: response, recovery, and
rebuilding.
The first hearing--``Response''--held on July 12, 2006,
addressed the initial response efforts at and around the World
Trade Center disaster site, including debris removal
operations, individual assistance, and air quality programs.
Witnesses at this hearing provided an overview of the Federal,
State, and local governments' efforts to provide immediate
assistance to those affected by the attacks. The Subcommittee
received testimony from Mr. Joe Picciano, Deputy Director for
Region II, Federal Emergency Management Agency, Department of
Homeland Security; Hon. Richard Skinner, Inspector General,
Department of Homeland Security; Mr. Greg Kutz, Director,
Financial Management and Assurance, Government Accountability
Office; Hon. Rose Gill Hearn, Commissioner, New York City
Department of Investigation; Mr. David J. Varoli, General
Counsel, New York City Department of Design and Construction;
Mr. Neil Getnick, President, International Association of
Independent Private Sector Inspectors General; Ms. Carie
Lemack, Co-Founder, Families of September 11th; and Ms. Leigh
Bradley, Senior Vice President for Enterprise Risk, American
Red Cross.
The second hearing--``Recovery''--held on July 13, 2006,
focused on the Federally-funded initiatives to help Lower
Manhattan recover from the attacks of 9/11, including programs
to compensate businesses and individuals for the loss of life
and property; provide rental and housing assistance; retrain
displaced workers; and track and treat those physically or
mentally harmed by the attacks. The Subcommittee received
testimony from Ms. Ruth Ritzema, Special Agent in Charge for
New York, Office of Inspector General, Department of Housing
and Urban Development; Hon. Eric Thorson, Inspector General,
Small Business Administration; Mr. Douglas Small, Deputy
Assistant Secretary, Employment and Training, Department of
Labor; Mr. Leroy Frazer, Bureau Chief, Special Prosecutions
Bureau, New York County District Attorney's Office; Ms. Eileen
Mildenberger, Chief Operating Officer, Empire State Development
Corporation; Mr. Stefan Pryor, President, Lower Manhattan
Development Corporation; Mr. John Wang, Founder and President,
Asian American Business Development Center; and Ms. Bettina
Damiani, Project Director, Good Jobs New York.
The third hearing--``Rebuilding''--also held on July 13,
2006, looked towards the future and addressed how the remaining
Federal funds would be spent, with particular focus on
transportation projects. Although most of the recovery and
response funds have been obligated, more than $6 billion,
primarily committed to rebuilding infrastructure in Lower
Manhattan and restoring activity at Ground Zero, remain to be
disbursed. The Subcommittee received testimony from Mr. Bernard
Cohen, Director, Lower Manhattan Recovery Office, Federal
Transit Administration, Department of Transportation; Mr. Todd
J. Zinser, Acting Inspector General, Department of
Transportation; Mr. Ron Calvosa, Director of Fraud Prevention,
Lower Manhattan Construction Command Center; and Mr. Michael
Nestor, Director, Office of Investigations, Port Authority of
New York and New Jersey. The Subcommittee also obtained
technical assistance from the Government Accountability Office
and submitted formal requests to 17 Federal agencies to conduct
a comprehensive accounting of the Federal assistance funds that
were committed, obligated, and disbursed after 9/11.
As a result of these hearings, the Subcommittee released a
staff report of its findings on October 12, 2006, entitled ``An
Examination of Federal 9/11 Assistance to New York: Lessons
Learned in Preventing Waste, Fraud, Abuse, and Lax Management''
(Committee Print 109-C). This resulted in the introduction of
H.R. 6378, the ``September 11th Lessons Learned in Preventing
Waste, Fraud, and Abuse Implementation Act of 2006,'' on
December 6, 2006.
INTEGRATION AND COORDINATION OF U.S. CUSTOMS AND BORDER PROTECTION AND
U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT
The Subcommittee on Management, Integration, and Oversight
closely examined the division of border security and interior
enforcement missions at the Department of Homeland Security
(DHS or the Department) and its impact upon the overall
homeland security mission. Through a series of hearings,
briefings, and letters, the Subcommittee examined the progress
the Department made in improving coordination and
communication, eliminating bureaucratic inefficiencies between
Customs and Border Protection (CBP) and Immigration and Customs
Enforcement (ICE), and implementing the DHS Inspector General's
(IG) November 2005 recommendations.
On March 9, 2005, the Subcommittee on Management,
Integration, and Oversight held its first in a series of three
hearings on this issue entitled ``CBP and ICE: Does the Current
Organizational Structure Best Serve U.S. Homeland Security
Interests?'' The Subcommittee received testimony from Dr. James
Carafano, Senior Research Fellow, The Heritage Foundation; Mr.
Michael Cutler, Former Senior Special Agent, Immigration and
Naturalization Service; Mr. David Venturella, Former Director,
Office of Detention and Removal Operations, Immigration and
Customs Enforcement, Department of Homeland Security; Mr. T.J.
Bonner, President, National Border Patrol Council; Mr. Randy
Allen Callahan, Executive Vice President, American Federation
of Government Employees, AFL-CIO; and Mr. Kenneth C. Klug,
Former Special Agent in Charge, Immigration and Customs
Enforcement, Department of Homeland Security. While there was
no clear consensus among the witnesses whether a merger of the
two agencies should occur, all witnesses testified about the
need for greater cooperation and coordination between the two
agencies and the need to eliminate bureaucratic walls.
As part of its continuing oversight of whether CBP and ICE
should be merged and in conjunction with the public release of
the DHS IG report endorsing such a merger, on November 15,
2005, the Subcommittee held its second hearing on this issue
entitled ``CBP and ICE: Does the Current Organizational
Structure Best Serve U.S. Homeland Security Interests? Part
II.'' The Subcommittee received testimony from Mr. Robert L.
Ashbaugh, Assistant Inspector General for Inspections and
Special Reviews, Office of Inspector General, Department of
Homeland Security; and Hon. Stewart A. Baker, Assistant
Secretary for Policy, Department of Homeland Security. At the
hearing the Inspector General testified on the current
organizational structure, and that it was fostering an
environment characterized by conditions the Department was
forged to eliminate.
This resulted in the introduction of H.R. 4317, the
``Border Security and Terrorism Prevention Act of 2005'',
which: required the Secretary to ensure full coordination of
border security efforts among agencies within DHS and to remedy
any failure of coordination and appropriate integration;
required the Secretary to establish a Secure Borders Program
Office; created a mechanism to ensure greater sharing of
intelligence information; the establishment of task forces to
better coordinate border enforcement activities; enhance
coordination of investigations; examine proper allocations of
border security related resources throughout the Department;
and establish measures and metrics to determine the
effectiveness of coordinated border enforcement efforts.
On November 28, 2006, the Chairman and Ranking Member of
the Full Committee, along with the Chairman and Ranking Member
of the Subcommittee on Management, Integration, and Oversight,
sent a letter to the Secretary of Homeland Security requesting
a response to lingering questions regarding the Department's
decision to maintain the separate organizational structure of
CBP and ICE. The letter also inquired how the Secretary's
Second Stage Review (2SR) reforms would address the problems of
coordination and information sharing between the agencies.
The Secretary's February 22, 2006, response to the
Committee reiterated the Department's position that the merger
of CBP and ICE ``would be a significant and costly setback''
resulting in ``confusion and disruption'' that would seriously
divert attention from critical homeland and border security
missions. The Secretary also outlined changes that had or would
soon be made in lieu of the merger of the two agencies. This
included: the creation of a Department-wide Office of Policy,
an Office of Operations Coordination, and a more robust Office
of Intelligence and Analysis to be managed by a new Chief
Intelligence Officer; the implementation of the Secure Border
Initiative (SBI) as a collective effort to improve Department-
wide coordination with respect to illegal aliens; the placement
of the SBI Program Office within the Department's Office of
Policy; directing CBP and ICE to report directly to the
Secretary of DHS; the creation of an ICE/CBP Coordination
Council; the establishment of mechanisms to ensure the Under
Secretary of Management and the Chief Financial Officer
collaborate with CBP and ICE on budget and strategic planning
issues; and the establishment of Border Enforcement and
Security Task Forces.
In order to more fully explore the specifics of each of the
changes enumerated by the Secretary and how these changes
addressed the DHS Inspector General's recommendations, on May
11, 2006, the Subcommittee on Management, Integration, and
Oversight held its third hearing entitled ``CBP and ICE: Does
the Current Organizational Structure Best Serve U.S. Homeland
Security Interests? Part III.'' The Subcommittee received
testimony from Hon. Stewart A. Baker, Assistant Secretary for
Policy, Department of Homeland Security; Hon. Julie L. Myers,
Assistant Secretary, Immigration and Customs Enforcement,
Department of Homeland Security; Ms. Deborah J. Spero, Acting
Commissioner, Customs and Border Protection, Department of
Homeland Security; Mr. T.J. Bonner, President, National Border
Patrol Council; Mr. Arthur Gordon, President, Federal Law
Enforcement Officers Association; and Seth Stodder, Esq., Akin
Gump Strauss Hauer & Feld, LLP. The witnesses testified about
the remaining challenges that the Secretary still needs to
address, including issues of employee retention and morale, and
provided their recommendations on how to address those
challenges.
INFORMATION SECURITY
As part of the Committee's oversight of information
security efforts within the Department of Homeland Security,
the Subcommittee on Management, Integration, and Oversight held
a hearing on April 14, 2005, entitled ``The Need to Strengthen
Information Security at the Department of Homeland Security.''
This hearing examined the security procedures in place within
the Department to ensure all sensitive information is secure.
The Subcommittee received testimony from Mr. Steven I. Cooper,
Chief Information Officer, Department of Homeland Security; Mr.
Gregory C. Wilshusen, Director, Information Security Issues,
Government Accountability Office; Mr. Mark MacCarthy, Senior
Vice President for Public Policy, Visa U.S.A.; and Mr. Marc J.
Zwillinger, Partner, Sonnenschein Nath & Rosenthal, LLP. At the
hearing, witnesses discussed the lack of adequate security for
information systems at the Department of Homeland Security and
provided their recommendations for improving the transfer and
storing of sensitive information within the Department. As part
of its continuing oversight, the Subcommittee, along with the
Subcommittee on Government Management, Finance, and
Accountability of the Committee on Government Reform, revisited
this issue to gauge the Department's progress at a hearing on
March 29, 2006, entitled ``Department of Homeland Security
Information Technology Challenges and the Future of eMerge2.''
The Subcommittee received testimony from Mr. McCoy Williams,
Director, Financial Management and Assurance, Government
Accountability Office; Mr. Randy Hite, Director, Information
Technology Architecture and Systems, Government Accountability
Office; Mr. Eugene Schied, Acting Chief Financial Officer,
Department of Homeland Security; and Mr. Scott Charbo, Chief
Information Officer, Department of Homeland Security.
DEPARTMENTAL OPERATIONS
The creation of the Department of Homeland Security on
March 1, 2003, marked one of the most ambitious reorganizations
of the Federal Government in American history. The Department's
creation required the merger of more than 180,000 employees
from 22 different Federal agencies with a $40 billion annual
budget. Given the challenges inherent in such a reorganization,
the Government Accountability Office (GAO) added the new
Department to its ``high-risk'' list in January 2003, prior to
the Department's formation. In its assessment of the Department
as a high-risk agency, GAO cited such things as the
Department's lack of clear annual goals and timeframes and the
elimination of middle-management layers which required the
affected agencies to report directly to the Secretary, as cause
for concern.
In December 2004, the Department of Homeland Security
Office of Inspector General released a similar report regarding
the organizational challenges facing the Department. The report
highlighted several problems, including the lack of consistent
contract management throughout the Department and the lack of
accountability of critical support personnel to key operating
officers, such as the Chief Procurement Officer and the Chief
Financial Officer.
To examine the issues raised by the GAO and the Inspector
General, the Subcommittee held a hearing on April 20, 2005,
entitled ``Management Challenges Facing the Department of
Homeland Security.'' The Subcommittee received testimony from
Mr. Richard L. Skinner, Acting Inspector General, Office of
Inspector General, Department of Homeland Security; Mr. Norman
Rabkin, Managing Director, Homeland Security and Justice,
Government Accountability Office; Hon. Asa Hutchinson, Chairman
of the Homeland Security Practice, Venable, LLC; Hon. James S.
Gilmore, III, Chairman, National Council on Readiness and
Preparedness; and Hon. Clark Kent Ervin, Director, Homeland
Security Initiative, The Aspen Institute. At the hearing,
witnesses identified significant management and organizational
challenges facing the Department of Homeland Security and
provided their recommendations to improve the Department's
operations.
BORDER PATROL TRAINING
During the 109th Congress, the Subcommittee closely
monitored the expansion of the Border Patrol, with particular
attention to the recruitment, training, and deployment of new
agents. On May 24, 2005, the Subcommittee on Management,
Integration, and Oversight held a hearing entitled ``Training
More Border Patrol Agents: How the Department of Homeland
Security Can Increase Training Capacity More Effectively.'' The
Subcommittee received testimony from Chief Thomas Walters,
Assistant Commissioner for Training and Development, Customs
and Border Protection, Department of Homeland Security; Ms.
Connie Patrick, Director, Federal Law Enforcement Training
Center, Department of Homeland Security; Mr. T.J. Bonner,
President, National Border Patrol Council; and Mr. Gary
Jackson, President, Blackwater USA. Through this hearing, the
Subcommittee learned that it costs the Federal Government
approximately $188,000 to hire, train, equip, and deploy one
new Border Patrol agent.
Prior to the May 24 hearing, the Chairman and Ranking
Member of the Subcommittee sent a letter to the Department of
Homeland Security on May 11, 2005, requesting information on
the costs associated with hiring, training, and deploying
Border Patrol agents. On June 17, 2005, the Assistant Secretary
for Legislative Affairs sent a response outlining nine general
categories that compose the costs to hire, train, and deploy
one new Border Patrol agent. Continuing the Subcommittee's
review of these costs, the Chairman and Ranking Member of the
Subcommittee requested additional cost and training information
through a letter sent on July 15, 2005, and a second on
November 3, 2005. The Department's responses to these letters
were received on August 22, 2005, and January 17, 2006,
respectively.
As a result, on February 14, 2006, the Subcommittee
Chairman wrote to the Comptroller General of the Government
Accountability Office to request a review of the Border
Patrol's training curriculum, as well as the costs to hire,
train, and deploy one new Border Patrol agent. On March 8,
2006, the Government Accountability Office agreed to conduct
the requested review.
On February 28, 2006, the Subcommittee Chairman met with
senior officials from Customs and Border Protection and the
Federal Law Enforcement Training Center to discuss the training
curriculum and costs for new Border Patrol Agents. On March 9,
2006, the Subcommittee Chairman wrote to U.S. Customs and
Border Protection to follow up on training and staffing issues
discussed during the February 28, 2006, meeting. On August 16,
2006, the Subcommittee Chairman visited the Federal Law
Enforcement Training Center in Artesia, New Mexico, to tour the
Border Patrol Academy and the facilities being constructed to
meet increased training needs.
ISIS AND SBINET
As part of its efforts to ensure that the Nation's borders
are secure, as well as to ensure that Federal resources are
being used efficiently and effectively, the Subcommittee on
Management, Integration, and Oversight conducted an in-depth
review, including a series of three hearings, examining the
Integrated Surveillance Intelligence System (ISIS) and the
Remote Video Surveillance (RVS) program in place along the
borders. The initial hearing, entitled ``Mismanagement of the
Border Surveillance System and Lessons for the New America's
Shield Initiative'' was held on June 16, 2005. The Subcommittee
received testimony from Mr. Joel S. Gallay, Deputy Inspector
General, General Services Administration; Mr. Joseph A.
Saponaro, President, L-3 Communications, Government Services,
Inc., accompanied by Mr. Thomas Miiller, General Counsel; and
Mr. Greg Pellegrino, Global Managing Director--Public Sector,
Deloitte Touche Tohmatsu.
The second hearing, held on December 16, 2005, was entitled
``Mismanagement of the Border Surveillance System and Lessons
for the New Secure Border Initiative.'' The Subcommittee
received testimony from Hon. Richard L. Skinner, Inspector
General, Department of Homeland Security; and Mr. Carl Mann,
Chief Inspector, Office of Inspections and Special Reviews,
Office of Inspector General, Department of Homeland Security.
Following up on this second hearing, the Chairman of the
Subcommittee on Management, Integration, and Oversight sent a
letter on December 19, 2005, to the Inspector General of the
Department of Homeland Security and the Inspector General of
the General Services Administration requesting a collaborative
review of one of the contracts under the ISIS program. The
Subcommittee received a response on January 20, 2006.
The third hearing was held on February 16, 2006, and was
entitled ``Mismanagement of the Border Surveillance System and
Lessons for the New Border Initiative, Part 3.'' The
Subcommittee received testimony from Mr. Gregory L. Giddens,
Director, Secure Border Initiative Program, Department of
Homeland Security; and Mr. James C. Handley, Regional
Administrator, Great Lakes Region 5, General Services
Administration.
The Subcommittee held a follow-up hearing on November 15,
2006, entitled ``The Secure Border Initiative: Ensuring
Effective Implementation and Financial Accountability of
SBInet.'' The Secure Border Initiative (SBI) is the successor
program to ISIS and RVS. SBI is a comprehensive, multi-year
program composed of a mix of personnel, infrastructure, and
technology to gain operational control of the Nation's borders.
SBInet, the contract for which was announced by the Secretary
of Homeland Security in September 2006, is the technology
portion of SBI. At this hearing, the Subcommittee received
testimony from Mr. Gregory L. Giddens, Director, Secure Border
Initiative Program, Department of Homeland Security; Ms.
Deborah J. Spero, Deputy Commissioner, Customs and Border
Protection, Department of Homeland Security; Ms. Elaine Duke,
Chief Procurement Officer, Department of Homeland Security;
Hon. Richard L. Skinner, Inspector General, Department of
Homeland Security; Mr. Jerry W. McElwee, Vice President SBInet,
Boeing Advanced Systems; Mr. Brian Seagrave, Vice President for
Border Security, Unisys; and Mr. Tom Miiller, General Counsel,
L-3 Services Group.
In addition, Subcommittee Staff met with senior Canadian
Embassy Officials on November 29, 2006, to discuss current
coordination efforts between the Department of Homeland
Security and Canadian agencies to ensure that all resources are
integrated and leveraged in the implementation of SBInet.
Subsequently, on November 30, 2006, the Subcommittee informed
the Director of the Program Executive Office of the Secure
Border Initiative of the necessity to collaborate and share
information with Canadian officials in the design and
implementation of SBInet along the northern border of the
United States.
FIRST RESPONDER TRAINING
As part of its review of redundancies throughout the
Department of Homeland Security and to ensure that Departmental
programs are efficient and effective, the Subcommittee on
Management, Integration, and Oversight and the Subcommittee on
Emergency Preparedness, Science, and Technology held a joint
hearing on June 23, 2005, entitled ``The National Training
Program: Is Anti-Terrorism Training for First Responders
Efficient and Effective?'' The Subcommittees received testimony
from Hon. Raymond W. Kelly, Commissioner, Police Department,
City of New York; Mr. Shawn Reese, Analyst in American National
Government, Government and Finance Division, Congressional
Research Service; Mr. Steven Edwards, Director, Maryland Fire
and Rescue Institute, testifying on behalf of North American
Fire Training Directors; Sheriff Patrick D. McGowan, Chairman,
Weapons of Mass Destruction Committee, National Sheriffs'
Association; Captain Jack Reall, National Fire Academy Board of
Visitors; and Dr. Van D. Romero, Vice President, Research and
Economic Development, New Mexico Institute of Mining and
Technology. During the hearing, witnesses discussed the need
for enhanced coordination, consistency, and inclusiveness in
programs sponsored by the Federal government.
MISSION-BASED BUDGETING
As part of the Subcommittee's review of budgeting
procedures and performance measurement within the Department of
Homeland Security, the Subcommittee held a hearing on June 29,
2005, entitled ``Transforming the Department of Homeland
Security Through Mission-based Budgeting.'' This hearing
examined the need for budget allocations and financial
statements of the Department of Homeland Security to correspond
with and identify spending related to each of the Department's
core mission areas. The Subcommittee received testimony from
Hon. David M. Walker, Comptroller General of the United States,
Government Accountability Office; Hon. Maurice P. McTigue,
Distinguished Visiting Fellow and Director, Government
Accountability Project, Mercatus Center, George Mason
University; Mr. Jonathan B. Breul, Partner, IBM Business
Consulting Services and Senior Fellow, IBM Center for The
Business of Government; and Mr. Carl J. Metzger, Director,
Government Results Center. At the hearing the Subcommittee
heard testimony regarding the potential improvements mission-
based budgeting could bring to the Department, and heard
suggestions for linking program performance and effectiveness
with budget allocations, and improvements in Departmental
integration.
STATE AND LOCAL IMMIGRATION ENFORCEMENT: THE 287(G) PROGRAM
During the 109th Congress, the Subcommittee on Management,
Integration, and Oversight examined efforts by State and local
law enforcement agencies to assist Immigration and Customs
Enforcement with enforcement of Federal immigration laws.
Section 133 of the 1996 Illegal Immigration Reform and
Immigrant Responsibility Act (P.L. 104-208) (8 U.S.C. 1357(g)
and 287(g)), provides State and local officers with specific
immigration enforcement authority. Under the 287(g) Program, as
it is commonly known, States or localities voluntarily enter
into a Memorandum of Understanding with the Secretary of
Homeland Security under which local or State officers are
trained as immigration specialists. The State and local police
officers are essentially ``deputized'' as immigration officers
after undergoing intensive special training by Immigration and
Customs Enforcement. The Subcommittee found that State and
local police officers are often in the best position to come
into contact with alien terrorists who may be operating in the
United States, and their efforts to identify criminal and
possible terrorist aliens can serve as a force multiplier for
current Federal homeland security efforts.
On July 27, 2005, the Subcommittee held a hearing entitled
``The 287(g) Program: Ensuring the Integrity of America's
Border Security System through Federal-State Partnerships'' to
examine the Department of Homeland Security's efforts to
support and promote use of the 287(g) Program. The Subcommittee
received testimony from Mr. Paul M. Kilcoyne, Deputy Assistant
Director, Office of Investigations, Immigration and Customs
Enforcement, Department of Homeland Security; Mr. Mark F.
Dubina, Special Agent Supervisor, Tampa Bay Regional Operations
Center, Florida Department of Law Enforcement, Regional
Domestic Security Task Force Supervisor; Major Charles E.
Andrews, Chief, Administrative Division, Alabama Department of
Public Safety; Dr. Kris W. Kobach, Professor, University of
Missouri-Kansas City School of Law; and Chief Jimmy R. Fawcett,
Sixth Vice President, International Association of Chiefs of
Police. The witnesses representing law enforcement agencies
from the States of Florida and Alabama (the only two States
participating in the 287(g) Program), testified about the
success of the program in their respective States. The
Departmental witnesses testified about the challenges for
further expansion of the 287(g) Program because of the lack of
Federal resources to support its training efforts.
Due in part to the Subcommittee's oversight efforts
illustrating the need to provide Federal funding for support
and further expansion of the 287(g) Program, the FY 2006
Department of Homeland Security Appropriations Act (P.L. 109-
90) provided $5 million to Immigration and Customs Enforcement
to support its training efforts for the 287(g) Program. The
Department's FY 2007 Appropriations Act (P.L. 109-295) provides
$5.4 million for the continued expansion of the 287(g) Program
due to the widespread interest from numerous State and local
law enforcement agencies across the United States.
CANINE DETECTION TEAMS
During the 109th Congress, the Subcommittee closely
reviewed the Department of Homeland Security's supply and use
of canine detection teams to secure the homeland. On September
28, 2005, the Subcommittee received a Member briefing and
demonstration on canine detection teams used by Customs and
Border Protection (CBP), the Transportation Security
Administration, and the Bureau of Alcohol, Tobacco, Firearms,
and Explosives (ATF). The Subcommittee, on that same day, also
held a hearing entitled ``Sniffing Out Terrorism: The Use of
Dogs in Homeland Security.'' The Subcommittee received
testimony from Mr. Lee Titus, Director of Canine Programs,
Customs and Border Protection, Department of Homeland Security;
Mr. David Kontny, Director, National Explosives Detection
Canine Team Program, Transportation Security Administration,
Department of Homeland Security; Special Agent Terry Bohan,
Chief, National Canine Training and Operations Support Branch,
Bureau of Alcohol, Tobacco, Firearms and Explosives, Department
of Justice; Chief Ralph Eugene Wilson, Jr., Chief of Police,
Metropolitan Atlanta Rapid Transit Authority (MARTA); Dr. C.
Michael Moriarty, Associate Provost and Vice President for
Research, Auburn University; and Ms. Terri Recknor, President,
Garrison and Sloan Canine Detection. This hearing discussed the
unique role canines play in helping Federal, State, and local
law enforcement officials fulfill their security missions.
Witnesses discussed how canine detection teams are trained,
deployed, and funded, as well as the lack of standardization
for training and certification purposes.
The Subcommittee Chairman and Staff made several visits to
canine training programs, including the canine training
programs of the ATF, and CBP, both located in Front Royal,
Virginia, on March 23, 2006. In addition, on August 17, 2006,
they also visited the Transportation Security Administration's
National Explosives Detection Canine Team Program located at
Lackland Air Force Base in San Antonio, Texas.
This resulted on February 9, 2006, with the introduction of
H.R. 4285, the ``Detection Canine Augmentation Act of 2005.''
On March 14, 2006, the Subcommittee Chairman and Ranking Member
introduced H.R. 4958, the ``Canine Detection Team Augmentation
and Certification Act of 2006,'' which expands upon H.R. 4285
by requiring the establishment of a Homeland Security Canine
Detection Accreditation Board. As part of its continuing
oversight of canine detection training, including canine
breeding programs and procurement of untrained canines, the
Subcommittee Chairman sent a letter to CBP on April 27, 2006,
requesting more information on the announcement of a new
contract for the procurement of untrained canines. In response
to this letter, senior officials from CBP met with the
Subcommittee Chairman to discuss the contract on May 10, 2006.
Sections of H.R. 4985 were included in H.R. 5814, the Full
Committee's authorization bill for the Department of Homeland
Security for Fiscal Year 2007. See discussion of H.R. 5814
listed under Full Committee legislation.
DEPARTMENT OF HOMELAND SECURITY REORGANIZATION
As part of the Committee's oversight of the effectiveness
of the Department of Homeland Security's organizational
structure, the Subcommittee held a hearing on October 27, 2005,
entitled ``The Department of Homeland Security Second-Stage
Review: The Role of the Chief Medical Officer.'' This hearing
examined the reorganization of the Department proposed by the
Secretary of Homeland Security, with particular focus on the
creation of a Chief Medical Officer. Testimony was received
from Dr. Jeffrey W. Runge, Chief Medical Officer, Department of
Homeland Security; Mr. Timothy Moore, Director of Federal
Programs, National Agricultural Biosecurity Center, Kansas
State University; Dr. Jeffrey A. Lowell, Professor of Surgery
and Pediatrics, Washington University School of Medicine; and
Mr. David Heyman, Director and Senior Fellow, Homeland Security
Program, Center for Strategic and International Studies. The
Subcommittee scrutinized the role of the new Chief Medical
Officer and the role in planning for a pandemic, such as avian
influenza.
HUMAN SMUGGLING AND TRAFFICKING CENTER
The Subcommittee examined the interagency implementation of
section 7202 of the Intelligence Reform and Terrorism
Prevention Act of 2004--also referred to as the 9/11 Reform Act
(P.L. 108-458) which statutorily authorized establishment of
the Human Smuggling and Trafficking Center (HSTC). Congress
intended for the HSTC to fulfill the recommendation of the
National Commission on Terrorist Attacks Upon the United States
(9/11 Commission) to focus the Federal Government's
counterterrorism efforts on combating terrorist travel. On
March 9, 2006, the Subcommittee on Management, Integration, and
Oversight held a hearing entitled ``The 9/11 Reform Act:
Examining the Implementation of the Human Smuggling and
Trafficking Center.'' The Subcommittee received testimony from
Mr. John Clark, Deputy Assistant Secretary, Immigration and
Customs Enforcement, Department of Homeland Security; Mr. Chris
Swecker, Acting Executive Assistant Director of Law Enforcement
Services, Department of Justice; and Mr. Marc Gorelick, Acting
Director, Human Smuggling and Trafficking Center, Department of
State.
The hearing examined whether HSTC is fulfilling its
statutory mission by: serving as the focal point for
interagency efforts to address terrorist travel; serving as a
clearinghouse in support of the United States strategy to
prevent separate, but related issues of clandestine terrorist
travel and facilitation of migrant smuggling and trafficking in
persons; ensuring cooperation among all relevant policy, law
enforcement, diplomatic, and intelligence agencies of the
Federal Government to improve effectiveness; and ensuring that
all information available to the Federal Government relating to
clandestine terrorist travel and facilitation, migrant
smuggling, and trafficking of persons is converted into
tactical, operational, and strategic intelligence that can be
used to combat such illegal activities.
The hearing witnesses testified that the HSTC needed more
resources and personnel in order to successfully fulfill its
mission. As a result, section 508 of H.R. 5814, the Department
of Homeland Security Authorization Act for Fiscal Year 2007,
entitled ``Strengthening the Capabilities of the Human
Smuggling and Trafficking Center,'' improved and strengthened
the capabilities of the HSTC.
FINANCIAL MANAGEMENT
Since its creation in March 2003, the Department of
Homeland Security has faced a number of management challenges
including improving its financial management and consolidating
the number of financial systems. Part of the Department's
efforts in this regard included a program called eMerge2 to
build a single financial system for the Department and its
components. To discuss this program and the announcement of its
cancellation, the Subcommittee, along with the Subcommittee on
Government Management, Finance, and Accountability of the
Committee on Government Reform, held a hearing on March 29,
2006, entitled ``Department of Homeland Security Information
Technology Challenges and the Future of eMerge2.'' The
Subcommittees received testimony from Mr. McCoy Williams,
Director, Financial Management and Assurance, Government
Accountability Office; Mr. Randy Hite, Director, Information
Technology Architecture and Systems, Government Accountability
Office; Mr. Eugene Schied, Acting Chief Financial Officer,
Department of Homeland Security; and Mr. Scott Charbo, Chief
Information Officer, Department of Homeland Security. Witnesses
at this hearing discussed why the eMerge2 program was
cancelled; the steps being taken to improve financial
management and accounting procedures throughout the Department;
the steps being taken to implement the requirements of the
Department of Homeland Security Financial Accountability Act
(Public Law 108-330), for an audit of internal controls; and
the steps that should be taken to coordinate the consolidation
of financial management systems with information technology.
DEPARTMENTAL TRANSPORTATION SERVICES
As part of its oversight of the procurement process at the
Department of Homeland Security, the Subcommittee on
Management, Integration, and Oversight conducted an in-depth
review of two transportation services contracts involving
Shirlington Limousine and Transportation, Inc. Throughout May
and June 2006, Subcommittee Staff met with representatives of
the Office of Procurement Operations, the Office of Small and
Disadvantaged Business Utilization, and the Office of General
Counsel of the Department of Homeland Security; the Small
Business Administration; the HUBZone Contractors Association;
and Shirlington Limousine and Transportation, Inc., a HUBZone
business providing shuttle bus and sedan services to the
Department of Homeland Security.
On May 10, 2006, the Subcommittee Chairman sent a letter to
the Department of Homeland Security's Chief Procurement Officer
requesting information on the contract with Shirlington
Limousine, along with information on other contract and bid
procedures. The Subcommittee Chairman and Ranking Member
subsequently sent letters to the Department's Chief Procurement
Officer, the Secretary of Homeland Security, and the President
of Shirlington Limousine requesting further information. In
response to these requests, the Department and Shirlington
Limousine provided information regarding the procurement
process for these contracts, contract documents, and other
information concerning the contract.
On June 15, 2006, the Subcommittee held a hearing, entitled
``An Examination of the Department of Homeland Security's
Procurement Process Regarding its Contracts with Shirlington
Limousine and Transportation, Inc.'' This hearing built upon
the results of the Subcommittee's review and examined the need
for a transportation services contract and how these services
were procured. The Subcommittee received testimony from Ms.
Elaine C. Duke, Chief Procurement Officer, Department of
Homeland Security; Mr. Kevin Boshears, Director, Office of
Small and Disadvantaged Business Utilization, Department of
Homeland Security; and Mr. Calvin Jenkins, Deputy to the
Associate Deputy Administrator, Small Business Administration.
At the hearing, witnesses discussed the Department's
procurement process, the method by which contracts are set-
aside for small and disadvantaged businesses, and allegations
of fraud involving Shirlington Limousine and Transportation,
Inc., and procurement officials.
By letter of June 29, 2006, the Subcommittee Chairman and
Ranking Member officially transmitted the Subcommittee's
findings to the Inspector General of the Department of Homeland
Security for further review. The Inspector General of the
Department of Homeland Security responded by letter on
September 8, 2006, stating that the investigation into the
Shirlington Limousine contract was ongoing and upon completion,
Subcommittee Staff would be briefed on all findings therein.
As a result of these efforts, the Committee included
provisions to improve procurement processes and increase
general oversight of acquisitions within the Department in
Title III of H.R. 5814, the Department of Homeland Security
Authorization Act for Fiscal Year 2007. H.R. 5814 was reported
by the Full Committee in November 2006.
Due to the oversight efforts of the Subcommittee, the
Department of Homeland Security is presently collecting
proposals from small businesses to issue a new contract that
will replace the services offered by Shirlington Limousine. The
Department released a Request for Information on June 23, 2006,
to receive information from businesses able to provide services
similar to those offered by Shirlington Limousine. The
Department's Request for Proposal was posted on November 20,
2006, to obtain actual proposals from small businesses.
HUMAN CAPITAL CHALLENGES
Throughout the 109th Congress, the Subcommittee has closely
monitored the Department of Homeland Security's efforts to
strengthen its management and administration, with a particular
focus on the chief operating officers, such as the Chief
Financial Officer, the Chief Procurement Officer, and the Chief
Human Capital Officer. On May 18, 2006, the Subcommittee on
Management, Integration, and Oversight held a hearing entitled
``Retention, Security Clearances, Morale, and Other Human
Capital Challenges Facing the Department of Homeland
Security.'' The Subcommittee received testimony from Mr. K.
Gregg Prillaman, Chief Human Capital Officer, Department of
Homeland Security; Mr. Dwight Williams, Director, Office of
Security, Department of Homeland Security; Ms. Kathy L.
Dillaman, Associate Director, Federal Investigations Processing
Center, Office of Personnel Management; Mr. John Gage, National
President, American Federation of Government Employees; Ms.
Colleen M. Kelley, President, National Treasury Employees
Union; and Professor Charles Tiefer, Professor of Law,
University of Baltimore School of Law. This hearing examined
the human capital challenges facing the Department, including
the implementation of the new personnel system, known as MaxHR;
employee morale and retention; and the impact of vacancies in
senior positions throughout the Department. This hearing also
addressed the Department's policies and procedures regarding
security clearances, and the Department's actions after it was
learned that a senior Department official with a security
clearance who misused his identification credentials and office
computer faced criminal charges.
SUPPORT FOR ANTI-TERRORISM BY FOSTERING EFFECTIVE TECHNOLOGIES (SAFETY)
ACT OF 2002
As part of its general oversight activities of the
Department of Homeland Security's Office of Procurement, the
Subcommittee on Management, Integration, and Oversight examined
the implementation of the ``Support Anti-terrorism by Fostering
Effective Technology Act'' (SAFETY Act) (P.L. 107-296). The
SAFETY Act provides limited liability from claims arising out
of acts of terrorism for sellers of qualified anti-terrorism
technologies. Through hearings, briefings, and meetings, the
Subcommittee focused on the Department's implementation of the
SAFETY Act, including: burdens in the application process;
confidentiality of information; general program awareness;
effectiveness of liability protections against legal action;
option for expedited review; and the Department's coordination
of the SAFETY Act's implementation with procurement.
On September 13, 2006, the Subcommittee on Management,
Integration, and Oversight and the Subcommittee on Emergency
Preparedness, Science, and Technologies held a joint hearing
entitled ``Helping Business Protect the Homeland: Is the
Department of Homeland Security Effectively Implementing the
SAFETY Act?'' The Subcommittees received testimony from Hon.
Jay Cohen, Undersecretary for Science and Technology,
Department of Homeland Security; Ms. Elaine C. Duke, Chief
Procurement Officer, Department of Homeland Security; Mr.
Andrew Howell, Vice President, Homeland Security Policy
Division, Chamber of Commerce; Mr. Michael M. Meldon, Executive
Director, Homeland Security and Defense Business Council; Mr.
Stan Z. Soloway, President, Professional Services Council; and
Brian E. Finch, Esq., Dickstein Shapiro, LLP.
The Subcommittee's oversight in this area contributed to
the Department's decision to revamp its implementation of the
SAFETY Act by updating the application process, ensuring that
the certification process is consistent with existing
procurement processes, and minimizing the burdens imposed on
businesses so that liability is not an impediment to developing
and deploying anti-terrorism technologies for Federal, State,
and local homeland security programs and personnel.
In addition, the Subcommittee's oversight in this area
supported the development of provisions to streamline the
SAFETY Act application process in Section 303 of H.R. 5814, the
Department of Homeland Security Authorization Act for Fiscal
Year 2007. H.R. 5814 was reported by the Full Committee in
November 2006. See discussion of H.R. 5814 listed above.
Subcommittee on Management, Integration, and Oversight Hearings Held
CBP and ICE: Does the Current Organizational Structure Best
Serve U.S. Homeland Security Interests? Hearing held March 9,
2006. Serial No. 109-4.
The Need to Strengthen Information Security at the
Department of Homeland Security. Hearing held April 14, 2005.
Serial No. 109-9.
Management Challenges Facing the Department of Homeland
Security. Hearing held April 20, 2005. Serial No. 109-12.
Training More Border Agents: How the Department of Homeland
Security Can Increase Training Capacity Most Effectively. May
24, 2005. Serial No. 109-15.
Mismanagement of the Border Surveillance System and Lessons
for the New America's Shield Initiative. Hearing held June 16,
2005. Serial No. 109-21.
The National Training Program: Is Anti-Terrorism Training
for First Responders Effective, Efficient, and Coordinated?
Joint hearing with the Subcommittee on Emergency Preparedness,
Science, and Technology June 23, 2005. Serial No. 109-25.
Transforming the Department of Homeland Security Through
Mission-based Budgeting. Hearing held June 29, 2005. Serial No.
109-28.
The 287(g) Program: Ensuring the Integrity of America's
Border Security System through Federal-State Partnerships.
Hearing held July 27, 2005. Serial No. 109-36.
Sniffing Out Terrorism: The Use of Dogs in Homeland
Security. Hearing held September 28, 2005. Serial No. 109-42.
The Department of Homeland Security Second-Stage Review:
The Role of the Chief Medical Officer. Hearing held October 27,
2005. Serial No. 109-51.
CBP and ICE: Does the Current Organizational Structure Best
Serve U.S. Homeland Security Interests? Part 2. Hearing held
November 15, 2005. Serial No. 109-57.
Mismanagement of the Border Surveillance System and Lessons
for the New Secure Border Initiative. Hearing held December 16,
2005, and February 16, 2006. Serial No. 109-21.
The 9/11 Reform Act: Examining the Implementation of the
Human Smuggling and Trafficking Center. Hearing Held March 8,
2006. Serial No. 109-68.
Department of Homeland Security Information Technology
Challenges and the Future of eMerge2. Joint hearing with the
Subcommittee on Government Management, Finance, and
Accountability of the Committee on Government Reform held March
29, 2006. Serial No. 109-70. (Printed by the Committee on
Government Reform).
CBP and ICE: Does the Current Organizational Structure Best
Serve U.S. Homeland Security Interests? Part 3. Hearing held
May 11, 2006. Serial No. 109-57.
Retention, Security Clearances, Morale, and Other Human
Capital Challenges Facing the Department of Homeland Security.
Hearing held May 18, 2006. Serial No. 109-78.
An Examination of the Department of Homeland Security's
Procurement Process Regarding Shirlington Limousine and
Transportation, Inc. Hearing held June 15, 2006. Serial No.
109-84.
An Examination of Federal 9/11 Assistance to New York:
Lessons Learned in Fraud Detection, Prevention, and Control.
Hearings held July 12 and 13, 2006. Serial No. 109-91.
Helping Business Protect the Homeland: Is the Department of
Homeland Security Effectively Implementing the SAFETY Act?
Joint hearing with the Subcommittee on Emergency Preparedness,
Science, and Technology held September 13, 2006. Serial No.
109-100.
The Secure Border Initiative: Ensuring Effective
Implementation and Financial Accountability of SBInet. Hearing
held November 15, 2006. Serial No. 109-108.
Subcommittee on Management, Integration, and Oversight Markup Held
Committee Print entitled ``Department of Homeland Security
Management and Operations Improvement Act of 2006.''; was
favorably forwarded to the Full Committee for consideration,
amended, by voice vote. March 15, 2006.
Subcommittee on Management, Integration, and Oversight Briefings and
Site Visits Held
Member Briefing on canine detection capabilities. September
27, 2005.
Site Visit to the Federal Law Enforcement Training Center
(FLETC), Artesia, New Mexico. August 16, 2006.
Site Visit to the Transportation Security Administration
(TSA) detection canine training facility at Lackland Air Force
Base, San Antonio, Texas. August 17, 2006.
Subcommittee on Emergency Preparedness, Science, and Technology
DAVID G. REICHERT, Washington, Chairman
Bill Pascrell, Jr., New Jersey Lamar S. Smith, Texas
Loretta Sanchez, California Curt Weldon, Pennsylvania
Norman D. Dicks, Washington Rob Simmons, Connecticut
Jane Harman, California Mike Rogers, Alabama
Nita M. Lowey, New York Stevan Pearce, New Mexico
Eleanor Holmes Norton, District of Columbiaine Harris, Florida
Donna M. Christensen, U.S. Virgin Islandsael T. McCaul, Texas
Bob Etheridge, North Carolina Charlie Dent, Pennsylvania
Bennie G. Thompson, Mississippi (Ex Officio)rown-Waite, Florida
Peter T. King, New York (Ex
Officio)
Jurisdiction: Preparedness for and collective response to terrorism,
including federal support to first responders; terrorism-related
incident management and response; consequence mitigation; Department of
Homeland Security-administered homeland security grants to first
responders; conduct and coordination of exercises and training relating
to mitigating the effects of and responding to terrorist attacks
(including nuclear, biological, radiological, and chemical attacks on
civilian populations); federal government coordination of terrorism-
related emergency preparedness and response with and among state and
local governments, the private sector, and the public; research,
development and deployment of technology for combating terrorism;
adaptation of existing technologies to homeland security prevention
priorities; coordination and enhancement of Department of Homeland
Security interaction on science and technology matters with the private
sector, federally funded research and development centers, educational
institutions, the National Laboratories, and other scientific
resources; Department of Homeland Security-based science and technology
entities and initiatives; conducting relevant oversight; and other
matters referred to the Subcommittee by the Chairman.
------
The Subcommittee on Emergency Preparedness, Science, and
Technology actively conducted oversight on a wide range of
issues through public hearings, briefings, and meetings during
the 109th Congress. The Subcommittee held 15 hearings on
emergency preparedness and response issues, leading to the
introduction and/or enactment of legislation enhancing public
safety emergency communications, reforming the Department of
Homeland Security's (DHS) Directorate of Preparedness and
Federal Emergency Management Agency, and revising Federal
homeland security assistance for first responders. The
Subcommittee held 7 hearings on science and technology issues,
leading to the introduction and/or passage of legislation
reforming the Department's Directorate of Science and
Technology (S&T). Members and Staff also met on a frequent
basis with emergency response providers, academic experts,
industry representatives, non-governmental organizations, in
addition to officials from DHS, other Federal departments and
agencies, and State, local, and tribal governments across the
country. These hearings, briefings, and meeting were central to
the Subcommittee's legislative and oversight activities, which
focused on the following topics: (1) reforming first responder
grant programs to make them ``faster and smarter''; (2)
preparedness and planning for and response to catastrophic
incidents, whether man-made or natural; (3) public safety
emergency communications; (4) the mission and management of the
S&T Directorate; (5) research, development, testing, and
evaluation of homeland security technologies; and (6) the
transfer of homeland security technology between the
Department, industry, and other domestic and international
partners in the global war on terrorism.
Legislative Activities of the Subcommittee on Emergency Preparedness,
Science, and Technology
FASTER AND SMARTER FUNDING FOR FIRST RESPONDERS ACT OF 2005
H.R. 1544
To provide faster and smarter funding for first responders,
and for other purposes.
Summary
H.R. 1544, the ``Faster and Smarter Funding for First
Responders Act of 2005,'' reforms the manner in which the
Department of Homeland Security issues Federal grants to
enhance the ability of States, local governments, regions,
Indian tribes, and first responders to prevent, prepare for,
respond to, mitigate against, and recover from threatened or
actual acts of terrorism. H.R. 1544 does not create a new grant
program. Rather, it establishes a common set of rules for three
of the Department's existing terrorism preparedness grant
programs--the State Homeland Security Grant Program, the Urban
Area Security Initiative, and the Law Enforcement Terrorism
Prevention Program.
At its most fundamental level, H.R. 1544 is designed to
expedite the delivery of Federal terrorism preparedness
assistance to first responders where it is needed most and, at
the same time, end undisciplined homeland security spending. It
does so by: (1) requiring States, territories, regions,
localities, Indian tribes, and first responders to decide how
to spend their terrorism preparedness grant funding before they
submit their applications; (2) allocating grant awards to
States, territories, regions, and directly eligible tribes
based on an assessment of risk and need; (3) ensuring that
grant recipients use their awards to achieve, maintain, and
enhance clear and measurable essential capabilities, and
providing a substantial role for State and local governments
and first responders in determining such capabilities; (4)
requiring and providing incentives to States to pass through
their awarded funds to localities within tight time-frames and
penalizing States that fail to do so; (5) requiring States to
prioritize their allocation of Federal anti-terrorism grants to
address their greatest threats, vulnerabilities, and
consequences; and (6) holding grant recipients accountable for
how they spend their Federal terrorism preparedness funds.
Legislative History
H.R. 1544 was introduced on April 12, 2005, by Mr. Cox, Mr.
Thompson of Mississippi, and all 34 Members of the Committee on
Homeland Security. The bill was referred solely to the
Committee on Homeland Security.
Prior to introduction, on April 12, 2005, the Subcommittee
on Emergency Preparedness, Science, and Technology held an
oversight hearing entitled ``The Need for Grant Reform and The
Faster and Smarter Funding for First Responders Act of 2005.''
The Subcommittee received testimony from Mr. J. Richard Berman,
Assistant Inspector General for Audits, Office of Inspector
General, Department of Homeland Security; William O. Jenkins,
Jr., Ph.D., Director, Homeland Security and Justice Issues,
Government Accountability Office; Veronique de Rugy, Ph.D.,
Fellow, American Enterprise Institute; Hon. Bryan E. Beatty,
Secretary, North Carolina Department of Crime Control and
Public Safety; Mr. Michael Chapman, Director, Missouri Office
of Homeland Security; and Mr. David L. Miller, Administrator,
Iowa Homeland Security and Emergency Management Division.
On April 14, 2005, the Committee on Homeland Security held
an oversight hearing entitled ``Grant Reform: The Faster and
Smarter Funding for First Responders Act of 2005.'' The
Committee received testimony from Hon. Lee H. Hamilton, Vice
Chair, National Commission on Terrorist Attacks Upon the United
States; Ms. Mary Fetchet, Founding Director, Voices of
September 11; Inspector Louis P. Cannon, testifying on behalf
of the National Fraternal Order of Police; Chief Gregg Lord,
Director, National Association of Emergency Medial Technicians,
Division Chief--EMS, Cherokee County Fire-Emergency Services;
and Mr. Kevin B. O'Connor, Associate to the General President,
International Association of Fire Fighters.
On April 19, 2005, the Subcommittee on Emergency
Preparedness, Science, and Technology considered H.R. 1544, and
ordered the measure favorably reported to the Full Committee
for consideration, amended, by voice vote.
The Chairman of the Committee on the Judiciary sent a
letter to the Speaker of the House on April 19, 2005,
requesting a sequential referral of H.R. 1544 to the Committee
on the Judiciary.
On April 21, 2005, the Full Committee considered H.R. 1544
and ordered the bill be reported to the House, favorably,
amended, by voice vote.
The Chairman of the Committee on Transportation and
Infrastructure sent a letter to the Chairman of the Committee
on Homeland Security on April 25, 2005, agreeing to not seek a
sequential referral of H.R. 1544. That same day, the Chairman
of the Committee on Science sent a letter to the Chairman of
the Committee on Homeland Security indicating that although
section 1807 of the bill as reported falls within the
jurisdiction of the Committee on Science, the Committee would
waive its right to consider the bill in order to expedite
consideration on the House Floor.
On April 28, 2005, the Committee on Homeland Security
reported H.R. 1544 to the House as H. Rpt. 109-65.
The Chairman of the Committee on Homeland Security sent
letters to the Chairman of the Committee on Energy and Commerce
and the Chairman of the Committee on Science on April 29, 2005,
agreeing to support the appointment of Conferees from the
Committee should a House-Senate Conference arise.
On May 10, 2005, the Committee on Rules met and granted a
Rule providing for the consideration of H.R. 1544, the Rule was
filed in the House as H. Res. 269 (H. Rpt. 109-77). The House
considered H. Res. 269 on May 12, 2005, and agreed to the Rule
by voice vote. The House then considered H.R. 1544 on May 12,
2005, and passed the bill, amended, by a recorded vote of 409
yeas and 10 nays.
H.R. 1544 was received in the Senate, read twice, and
referred to the Senate Committee on Homeland Security and
Governmental Affairs on May 12, 2005.
On July 21, 2005, the text of H.R. 1544 was offered as an
amendment on the House Floor during consideration of H.R. 3199
and included as section 128 of the House-passed bill. During
the House- Senate Conference on H.R. 3199, section 128 was
removed. See discussion of H.R. 3199 listed above.
PROMOTING ANTITERRORISM CAPABILITIES THROUGH INTERNATIONAL COOPERATION
ACT
H.R. 4942
To establish a capability and office to promote cooperation
between entities of the United States and its allies in the
global war on terrorism for the purpose of engaging in
cooperative endeavors focused on the research, development, and
commercialization of high-priority technologies intended to
detect, prevent, respond to, recover from, and mitigate against
acts of terrorism and other high consequence events and to
address the homeland security needs of Federal, State, and
local governments.
Summary
H.R. 4942, the ``Promoting Antiterrorism Capabilities
Through International Cooperation Act,'' is intended to
stimulate, promote, and support cooperation between the United
States and its allies in the Global War on Terrorism on
research, development, testing, and evaluation of high-priority
technologies intended to detect, prevent, respond to, recover
from, and mitigate against acts of terrorism. Specifically,
H.R. 4942 directs the Under Secretary for Science and
Technology of the Department of Homeland Security to establish
a Science and Technology Homeland Security International
Cooperative Programs Office to facilitate international
cooperative activities, such as international homeland security
technology workshops and conferences and joint ventures between
public and private sector entities within the United States and
those of our allies with technological expertise in combating
terrorism. At its most fundamental level, H.R. 4942 is designed
to expedite the deployment of safe and effective homeland
security technologies to first responders and others in need.
Legislative History
H.R. 4942 was introduced on March 14, 2006, by Mr. King of
New York, Mr. Thompson of Mississippi, Mr. Reichert, and Mr.
Pascrell, and referred solely to the Committee on Homeland
Security. Within the Committee the bill was referred to the
Subcommittee on Emergency Preparedness, Science, and
Technology.
On March 15, 2006, the Subcommittee on Emergency
Preparedness, Science, and Technology considered H.R. 4942 and
ordered the measure favorably forwarded to the Full Committee
for consideration, without amendment, by voice vote. The Full
Committee considered H.R. 4942 on June 14, 2006, and ordered
H.R. 4942 reported to the House, amended, by voice vote.
The Chairman of the Committee on Science sent a letter to
the Chairman of the Committee on Homeland Security on September
21, 2006, agreeing that, in order to expedite consideration of
H.R. 4942 on the House Floor, the Committee on Science would
not seek a sequential referral of the measure.
The Chairman of the Committee on Homeland Security
acknowledges this agreement with the Chairman of the Committee
on Science on September 22, 2006.
The Committee on Homeland Security reported H.R. 4942 to
the House on September 25, 2006 (H. Rpt. 109-674).
The House agreed to suspend the Rules and pass H.R. 4942 on
September 26, 2006, by voice vote. H.R. 4942 was received in
the Senate on September 27, 2006, and on November 13, 2006, was
referred to the Senate Committee on Homeland Security and
Governmental Affairs.
HOMELAND SECURITY SCIENCE AND TECHNOLOGY ENHANCEMENT ACT OF 2006
H.R. 4941 (H.R. 3270)
To reform the science and technology programs and
activities of the Department of Homeland Security, and for
other purposes.
Summary
H.R. 4941, the ``Homeland Security Science and Technology
Enhancement Act of 2006,'' is intended to enhance the ability
of the Department of Homeland Security's Directorate of Science
and Technology to develop and disseminate technologies that
will help our Nation's emergency response providers and other
``end-users'' prevent, prepare for, respond to, recover from,
and mitigate against acts of terrorism and other emergencies.
Among other things, this bill directs the Secretary of Homeland
Security, acting through the Under Secretary for Science and
Technology, to: develop a strategic plan for the Department's
science and technology activities; support the development,
promulgation, and updating of national voluntary consensus
standards for equipment and training for emergency response
providers and components of the Department; establish a
technology development and transfer program to facilitate the
identification, modification, and commercialization of
promising homeland security technologies and equipment;
establish a regional technology integration program to
facilitate the transition of innovative technologies and
operational concepts to urban and other high risk areas;
support research and development, including fundamental, long-
term research, in cybersecurity; and report to Congress on how
the Department will consider privacy and civil rights and civil
liberties issues in conducting its activities. H.R. 4941
provides the Department with additional legislative guidance to
support its mission of ensuring that our Nation possesses the
technology necessary to handle catastrophic incidents,
especially those involving chemical, biological, radiological,
nuclear, and explosive weapons.
Legislative History
H.R. 4941 was introduced on March 14, 2006, by Mr. Reichert
and Mr. Pascrell and referred solely to the Committee on
Homeland Security. Within the Committee on Homeland Security,
H.R. 4941 was referred to the Subcommittee on Emergency
Preparedness, Science, and Technology.
The Subcommittee on Emergency Preparedness, Science, and
Technology considered H.R. 4941 on March 15, 2006, and
forwarded the measure to the Full Committee, with a favorable
recommendation, amended, by voice vote.
The Committee on Homeland Security met to consider H.R.
4941 on June 14, 2006, and ordered the measure reported to the
House, amended, by voice vote.
Provisions of H.R. 3270 relating to rail security research
and development were included in H.R. 4941 during the Full
Committee consideration of that measure in section 14.
The Committee on Homeland Security reported H.R. 4941 to
the House on December 8, 2006, as H. Rpt. 109-729, Pt. I.
Oversight Activities of the Subcommittee on Emergency Preparedness,
Science, and Technology
FISCAL YEAR 2006 AND 2007 BUDGET REVIEW
The Subcommittee examined the Administration's proposed
budget requests for Fiscal Years (FY) 2006 and 2007 for the
Department of Homeland Security's Directorates of Preparedness
and Science and Technology (S&T), the Office of State and Local
Government Coordination and Preparedness (OSLGCP), and the
Federal Emergency Management Agency (FEMA), through various
briefings and hearings.
On Thursday, February 10, 2005, the Subcommittee held a
hearing entitled ``The Proposed Fiscal Year 2006 Budget:
Enhancing Terrorism Preparedness for First Responders.'' The
Subcommittee received testimony from Hon. Penrose ``Parney''
Albright, Ph.D., Assistant Secretary, S&T Directorate,
Department of Homeland Security; Mr. Matt A. Mayer, Acting
Executive Director, OSLGCP, Department of Homeland Security;
and General Dennis Reimer (Ret.), Director, National Memorial
Institute for the Prevention of Terrorism. The hearing reviewed
the Administration's proposed budget plans and authorization
needs for OSLGCP and the S&T Directorate with respect to
enhancing terrorism preparedness for first responders and
State, local, and tribal governments. The hearing also examined
the evolving programmatic relationship between OSLGCP and the
S&T Directorate and the homeland security assistance programs
administered by OSLGCP.
On March 8, 2006, the Subcommittee held a hearing entitled
``The Proposed Fiscal Year 2007 Budget: Enhancing Preparedness
for First Responders.'' The Subcommittee received testimony
from Hon. George W. Foresman, Under Secretary for Preparedness,
Department of Homeland Security. The hearing reviewed the
Administration's proposed FY 2007 budget plans and
authorization needs for the Directorate of Preparedness. The
hearing also examined the organization and structure of the
Directorate, which the Department established in October 2005
by consolidating and realigning its preparedness activities and
programs, and the nature of its relationship with FEMA.
THE FEDERAL EMERGENCY MANAGEMENT AGENCY AND HURRICANES KATRINA AND RITA
In the aftermath of Hurricanes Katrina and Rita in August
and October 2005, the Subcommittee held numerous hearings,
briefings, and meetings to examine the response by Federal,
State and local governments, with particular emphasis on the
actions of the Federal Emergency Management Agency (FEMA), to
the devastation caused to the Nation's Gulf Coast. The
Subcommittee dedicated considerable effort to discern the
lessons learned from Hurricanes Katrina and Rita and to
identifying the obstacles that impeded our Nation's ability to
respond more effectively.
On October 30, 2005, the Subcommittee conducted a site
visit to Houston and Beaumont, Texas to examine the Federal,
State, and local preparations for and response to Hurricane
Rita. Members received an aerial tour of affected areas in
eastern Texas and western Louisiana and discussed a variety of
issues with Federal, State, and local officials, the private
sector, and other stakeholders, including the effectiveness of
the mass evacuation of the Galveston and Houston metropolitan
areas; incident command, control, and communications; and the
relationship between all levels of Government.
On February 6, 2006, the Chairman and Ranking Member of the
Full Committee, and the Chairman and Ranking Member of the
Subcommittee on Emergency Preparedness, Science, and Technology
sent a letter to the Secretary of Homeland Security requesting
that the Department adequately consult the Committee prior to
implementation of any proposed plans to reorganize FEMA. In
response, on June 14, 2006, the Subcommittee hosted a Member
only briefing for the Members of the Full Committee on Homeland
Security on the Department of Homeland Security's preparations
for hurricane season and reforms to FEMA. Senior officials from
FEMA briefed the Members on changes to FEMA's response teams,
command structure, logistics capabilities, and assistance
programs.
The Subcommittee's efforts led to the development of H.R.
5351, the ``National Emergency Management Reform and
Enhancement Act,'' comprehensive legislation to enhance the
ability of our Nation to address the full range of potential
catastrophic incidents, whether man-made or natural. Authored
by the Subcommittee and unanimously reported by the Full
Committee in May 2006, H.R. 5351 was one of three bills that
formed the basis for FEMA reform in Title VI of H.R. 5441, the
``FY 2007, Department of Homeland Security Appropriations
Act,'' which was enacted into law in October 2006 (P.L. 109-
295).
EMERGENCY COMMUNICATIONS
As part of the Subcommittee's oversight of emergency
preparedness and response issues during the 109th Congress, the
Subcommittee held a series of hearings as well as numerous
briefings and meetings on Federal, State, and local efforts to
ensure that first responders and government officials are able
to communicate effectively in the event of acts of terrorism,
natural disasters, and other emergencies. These hearings and
briefings examined a number of issues critical to emergency
communications including: the complexities and challenges
involved in achieving and maintaining interoperable emergency
communications; the status of the Federal Government's efforts
to address the vulnerabilities of our Nation's wired, wireless,
and broadcast communications infrastructure; the steps that the
Federal government is taking to assist State, local, and tribal
governments in establishing and maintaining incident command
and control when communications are severely disrupted; what
research and development programs the Department of Homeland
Security has established to investigate promising technological
solutions; the level of coordination between the Department and
other Federal departments and agencies charged with ensuring
communications capabilities, such as the Departments of
Commerce, Defense, and Justice and the Federal Communications
Commission; and potential solutions for solving this
longstanding problem.
On October 26, 2005, the Subcommittee held a hearing
entitled ``Ensuring Operability During Catastrophic Events.''
The Subcommittee received testimony from Hon. Mark Rey, Under
Secretary, Natural Resources and Environment, Department of
Agriculture; Dr. David Boyd, Director, SAFECOM, Office of
Interoperability and Communications, Department of Homeland
Security; Dr. Peter Fonash, Deputy Manager, National
Communications System, Department of Homeland Security; Mr. Ken
Moran, Director, Office of Homeland Security, Enforcement
Bureau, Federal Communications Commission; and Dr. Linton Wells
II, Acting Assistant Secretary, Networks and Information
Integration and Chief Information Officer, Department of
Defense.
The Subcommittee held a series of hearings to receive
perspectives of different constituencies on the state of
interoperable communications. On February 15, 2006, the
Subcommittee held a hearing entitled ``The State of
Interoperable Communications: Perspectives from the Field.''
The Subcommittee received testimony from Trooper Casey L.
Perry, Wisconsin State Patrol, Chairman, National Troopers
Coalition; Mr. Tim Bradley, Senior Deputy State Fire Marshal,
North Carolina Office of State Fire Marshal, National Volunteer
Fire Council; Ms. Diane Linderman, Director-at-Large, Public
Works Management/Leadership, American Public Works Association;
Mr. William Moroney, President and Chief Executive Office,
United Telecom Council; and Dr. William W. Pinsky, Executive
Vice President & Chief Academic Officer, Ochsner Clinic
Foundation, American Hospital Association.
On March 1, 2006, the Subcommittee held a hearing entitled
``The State of Interoperable Communications: Perspectives from
State and Local Governments.'' The Subcommittee received
testimony from Hon. Robert Drake, Mayor, Beaverton, Oregon,
testifying on behalf of National League of Cities; Hon. Gino
Menchini, Commissioner, Department of Information Technology
and Telecommunications, City of New York, State of New York;
Chief Charles Werner, Charlottesville Fire Department,
Commonwealth of Virginia, testifying on behalf of Virginia's
Statewide Interoperability Executive Committee; and Mr. Steve
Proctor, Executive Director, The Utah Communications Agency
Network testifying on behalf of Association of Public-Safety
Communications Officials.
On April 25, 2006, the Subcommittee held a hearing entitled
``The State of Interoperable Communications: Perspectives on
Federal Coordination of Grants, Standards, and Technology.''
The Subcommittee received testimony from Hon. Tracy A. Henke,
Assistant Secretary, Office of Grants and Training, Directorate
of Preparedness, Department of Homeland Security; Dr. David G.
Boyd, Director, Office for Interoperability and Compatibility,
Directorate of Science and Technology, Department of Homeland
Security; Mr. Kenneth P. Moran, Director, Office of Homeland
Security, Federal Communications Commission; Mr. Carl Peed,
Executive Director, Office of Community Oriented Policing
Services (COPS), Department of Justice; Mr. John Morgan,
Assistant Director for Science and Technology, National
Institute of Justice, Department of Justice; Mr. Dereck Orr,
Program Manager, Public Safety Communications Systems, National
Institute of Standards and Technology; Mr. James Gass, Deputy
Director, National Memorial Institute for the Prevention of
Terrorism; and Mr. Bruce Walker, Chairman, Subcommittee on
Government Affairs, Homeland Security and Defense Business
Council.
The Subcommittee's oversight in this area led to the
development and subsequent enactment of legislation to enhance
the ability of our Nation's first responders to communicate
with each other on demand, in real time, during catastrophic
incidents, whether man-made or natural. The record developed by
these hearings and briefings, led to the introduction of H.R.
5852, the ``21st Century Emergency Communications Act,'' which
passed the House of Representatives in July 2006. This language
was also incorporated into Title VI, Subtitle D of H.R. 5441,
the ``FY 2007, Department of Homeland Security Appropriations
Act,'' which was enacted into law October 2006 (P.L. 109-295).
FEDERAL HOMELAND SECURITY ASSISTANCE TO STATE AND LOCAL GOVERNMENTS AND
FIRST RESPONDERS
As part of the Subcommittee's oversight of first responder
issues during the 109th Congress, the Subcommittee held
numerous hearings, briefings, and meetings with Federal, State,
local, and tribal officials and all of the first responder
disciplines to evaluate the effectiveness of the Department of
Homeland Security's programs that provide funding to State and
local governments and first responders. These hearings and
briefings highlighted numerous problems with the Department's
grant programs including: the need for the Department to
allocate terrorism preparedness grants on the basis of risk,
not arbitrary or political formulas; the burdensome nature of
the application process; the slow rate of spending (i.e., draw-
down) of homeland security funding by grant recipients; and the
lack of preparedness standards or goals to guide the spending
of such funds at the State and local levels of government.
To further investigate the rationale, on April 12, 2005,
the Subcommittee held a hearing entitled ``The Need for Grant
Reform and The Faster and Smarter Funding for First Responders
Act of 2005.'' The Subcommittee received testimony from Mr. J.
Richard Berman, Assistant Inspector General for Audits, Office
of Inspector General, Department of Homeland Security; Dr.
William O. Jenkins, Jr., PhD., Director, Homeland Security and
Justice Issues, Government Accountability Office; Dr. Veronique
de Rugy, PhD., Fellow, American Enterprise Institute; Hon.
Bryan E. Beatty, Secretary, North Carolina Department of Crime
Control and Public Safety; Mr. Michael Chapman, Director,
Missouri Office of Homeland Security; and Mr. David L. Miller,
Administrator, Iowa Homeland Security and Emergency Management
Division. The hearing examined problems with the Department's
terrorism preparedness grant programs and potential reforms to
enhance their effectiveness, including evaluations of the
provisions of H.R. 1544, the ``Faster and Smarter Funding for
First Responders Act.''
On January 6, 2006, representatives from the Department's
Preparedness Directorate briefed Subcommittee Staff on the
Department's recently released Fiscal Year (FY) 2006 Homeland
Security Grant Program guidance and application kit for the
Urban Area Security Initiative (UASI), the State Homeland
Security Grant Program (SHSGP), and the Law Enforcement
Terrorism Prevention Program (LETPP). Based upon the
information gathered, the Subcommittee hosted a classified
Member briefing on February 8, 2006 on Department's Fiscal Year
(FY) 2006 Homeland Security Grant Program guidance and
application kit. Senior officials from the Department's
Preparedness Directorate, including the Offices of Grants and
Training and Infrastructure Protection, discussed numerous
dramatic changes to the risk assessment process, application
procedures, and funding formula for UASI, SHSGP, and the LETPP.
In April 2006, Subcommittee Staff visited Jackson,
Mississippi to meet with State and local officials and first
responders to discuss the Department's terrorism preparedness
and all hazards grant programs.
On June 7, 2006, the Subcommittee hosted a Full Committee
Member briefing on the Department's FY 2006 grant awards to
States and urban areas under UASI, SHSGP, and LETPP. Senior
officials from the Department's Preparedness Directorate
briefed Members on the methodologies and processes used to
assess grant applications and determine awards to States and
urban areas.
The Subcommittee's oversight in this area supported the
development of H.R. 1544, the ``Faster and Smarter Funding for
First Responders Act,'' legislation reforming the Department's
terrorism preparedness grant programs. This legislation passed
the House of Representatives--as a stand alone measure in May
2005, and as an amendment to H.R. 3199, the ``USA PATRIOT and
Terrorism Prevention Reauthorization Act of 2005'' in July
2005--and spurred the Department to make significant changes in
how it administers these grant programs and awards funding to
State and local governments.
NATIONAL RESPONSE PLAN/INCIDENT MANAGEMENT
As part of the Subcommittee's oversight of emergency
preparedness and response issues during the 109th Congress, the
Subcommittee reviewed the Department of Homeland Security's
implementation and management of the National Response Plan
(NRP) and the National Incident Management System (NIMS).
Through numerous hearings, briefings, and meetings, the
Subcommittee examined the status of Federal, State and local
government efforts to adopt and implement the NIMS; the
effectiveness of the NIMS Integration Center as the
Department's component with responsibility for administering
and maintaining the NRP and NIMS; the comfort of non-fire
service first responder disciplines with the Incident Command
System; the level and extent of coordination between the
Department of Defense (DoD) and the Department of Homeland
Security before, during, and after catastrophic events; the
DoD's responsibilities under the NRP and whether the NRP, as
drafted, sufficiently facilitates military support to civilian
authorities; and the ability of the NRP and NIMS to deal with
the challenges posed by biological incidents, such as an
influenza pandemic.
On September 29, 2005, the Subcommittee held a hearing
entitled ``Incident Command, Control, and Communications during
Catastrophic Events.'' The Subcommittee received testimony from
Mr. Chuck Canterbury, National President, Fraternal Order of
Police; Chief William D. ``Bill'' Killen, President,
International Association of Fire Chiefs; Mr. Bob Freudenthal,
President, American Public Works Association; Mr. Robert L.
Garner, President and CEO, American Ambulance Association; Mr.
David E. Liebersbach, Immediate Past President, National
Emergency Management Association; and Mark Edward Gebhart,
M.D., Assistant Professor of Emergency Medicine, Boonshoft
School of Medicine at Wright State University.
The Subcommittee on Emergency Preparedness, Science, and
Technology and the Subcommittee on Intelligence, Information
Sharing, and Terrorism Risk Assessment held a joint briefing,
on October 7, 2005, on the Department's Interagency Incident
Management Group (IIMG). Representatives from the IIMG provided
an overview of the IIMG and its role under the NRP for
coordinating the Federal government's response to catastrophic
incidents.
On November 9, 2005, the Subcommittee and the Subcommittee
on Terrorism, Unconventional Threats and Capabilities of the
Committee on Armed Services held a joint hearing entitled
``Responding to Catastrophic Events: the Role of the Military
and National Guard in Disaster Response.'' The Subcommittees
received testimony from Hon. Michael P. Jackson, Deputy
Secretary, Department of Homeland Security; Hon. Paul McHale,
Assistant Secretary of Defense, Homeland Defense, Department of
Defense; Admiral Thomas H. Collins, Commandant, U.S. Coast
Guard, Department of Homeland Security; Major General Richard
J. Rowe, Jr., Director of Operations, U.S. Northern Command,
Department of Defense; and Lieutenant General H. Steven Blum,
Chief, National Guard Bureau, Department of Defense.
From March 22 through 24, 2006, Staff from the Subcommittee
and the Subcommittee on Intelligence, Information Sharing, and
Terrorism Risk Assessment held a joint site visit to U.S.
Northern Command, Peterson Air Force Base, Colorado to discuss
military support to civil authorities during catastrophic
incidents.
On February 8, 2006, the Subcommittee on Emergency
Preparedness, Science and Technology and the Subcommittee on
Prevention of Nuclear and Biological Attack held a joint
hearing entitled ``Protecting the Homeland: Fighting Pandemic
Flu From the Front Lines.'' The Subcommittees received
testimony from Dr. Tara O'Toole, Chief Executive Officer and
Director, Center for Biosecurity, University of Pittsburgh
Medical Center; Hon. David B. Mitchell, Secretary, Department
of Safety and Homeland Security, State of Delaware; Ms. Frances
B. Phillips, RN, MHA, Health Officer, Anne Arundel County,
Maryland Department of Health; Mr. Ernest Blackwelder, Senior
Vice President, Business Force, Business Executives for
National Security; and Dr. David C. Seaberg, Department of
Emergency Medicine, University of Florida.
The Subcommittee's oversight in this area supported the
development of provisions of H.R. 5351, the ``National
Emergency Management Reform and Enhancement Act,'' which
Congress incorporated into H.R. 5441, the ``FY 2007, Department
of Homeland Security Appropriations Act'' (P.L. 109-270).
EMERGENCY PREPAREDNESS AND PLANNING
As part of the Subcommittee's oversight of emergency
preparedness and response issues during the 109th Congress, the
Subcommittee held several hearings, briefings, and meetings on
emergency preparedness and planning at the Federal, State,
regional, and local levels of Government. In addition to
monitoring the Department's progress in establishing the
National Preparedness Goal, the Subcommittee focused on the
Department's assessment of catastrophic planning at all levels
of government and its work with State and local Governments to
strengthen their catastrophic emergency preparedness planning
processes.
On June 6, 2005, the Subcommittee held a site visit in New
York City, New York to examine the emergency preparedness plans
and capabilities of the City of New York. In addition to
visiting the World Trade Center site, a fire station, and a
municipal counter-terrorism facility, Members discussed the
city's emergency management and intelligence activities and
programs with fire and police officials.
On April 12, 2006, Subcommittee held a field hearing in
Orting, Washington, entitled ``Emergency Planning and
Preparedness: Federal, State, and Local Coordination.'' The
Subcommittee received testimony from Hon. George Foresman,
Under Secretary of Preparedness, Department of Homeland
Security; Mr. James Mullen, Director, Emergency Management
Division, Washington Military Department; Mr. Steven Bailey,
Director, Pierce County Department of Emergency Management; Mr.
Mario H. Trevino, Fire Chief Bellevue Fire Department, City of
Bellevue, Washington; Mr. William ``Bill'' Mitzel, Risk Control
Specialist, Home Office Commercial Lines, Unigard Insurance
Group; Sheriff Paul A. Pastor, Jr., Pierce County Sheriff's
Office, State of Washington; Mr. A.D. Vickery, Assistant Chief,
City of Seattle Fire Department, Seattle, Washington; Mr.
Michael Loehr, Director of Preparedness, Public Health--Seattle
and King County; Mr. William ``Bill'' Pugh, Director of Public
Works/Assistant City Manager, City of Tacoma, Washington; and
Mr. Roger C. Serra, Director of Security and Emergency
Management, Seattle City Light, City of Seattle, Washington.
On June 26, 2006, the Subcommittee held a field hearing in
Wayne, New Jersey, entitled ``Preparing for, Responding to, and
Preventing Terrorist Attacks, Natural Disasters and Other
Emergencies: Is Northern New Jersey Ready?'' The Subcommittee
received testimony from Hon. Jerry Speziale, Sheriff, Passaic
County, State of New Jersey; Hon. Armando Fontoura, Sheriff,
Essex County, State of New Jersey; Mr. Joseph Rotonda, Chief of
Police, Township of Belleville, State of New Jersey; Mr.
Michael Postorino, Fire Chief, City of Paterson, State of New
Jersey; Mr. Richard Canas, Director, Office of Homeland
Security and Preparedness, State of New Jersey; Mr. Walter
Gramm, Executive Director, New Jersey Business Force, Business
Executives for National Security; Mr. Steve Kempf, Regional
Director, Region II, Federal Emergency Management Agency,
Department of Homeland Security; and Mr. Timothy Beres,
Director, Preparedness Programs Division, Office of Grants and
Training, Department of Homeland Security.
On July 26, 2006, the Subcommittee held a hearing entitled
``Emergency Care Crisis: A Nation Unprepared for Public Health
Disasters.'' The Subcommittee received testimony from Dr.
Robert R. Bass, Member, Committee on the Future of Emergency
Care, Institute of Medicine; Dr. Frederick Blum, President,
American College of Emergency Physicians; Ms. Mary Jagim,
Member, Emergency Nurses Association; and Dr. Steven Krug,
Chairman, Committee on Pediatric Emergency Medicine, American
Academy of Pediatrics.
The Subcommittee's oversight in this area supported the
development of the preparedness and planning provisions of H.R.
5351, the ``National Emergency Management Reform and
Enhancement Act,'' which Congress incorporated into H.R. 5441,
the ``FY 2007, Department of Homeland Security Appropriations
Act'' (P.L. 109-270).
FIRST RESPONDER EXERCISES AND TRAINING
With respect to first responder training and exercises, the
Subcommittee focused on the need for more coordination,
consistency, and inclusiveness in programs sponsored by the
Federal Government. The Subcommittee held hearings and site
visits to evaluate the effectiveness of the Department of
Homeland Security's National Exercise and Training Program,
including the Top Officials Three Exercise (TOPOFF 3) exercise
held in May 2005, and regularly met with representatives of the
National Domestic Preparedness Consortium (NDPC) and other
entities that provide terrorism preparedness training to the
Nation's first responders.
In May 2005, Staff of the Subcommittee and the Subcommittee
on Management, Integration, and Oversight visited Anniston,
Alabama to meet with officials of the Center for Domestic
Preparedness, which serves as a weapons of mass destruction
training center for the NDPC, and the Noble Training Center,
which is operated by the Department and trains hospital and
healthcare professionals in disaster preparedness and response,
to observe their first responder training activities and
programs.
On June 23, 2005, the Subcommittee and the Subcommittee on
Management, Integration, and Oversight held a joint hearing
entitled ``The National Training Program: Is Anti-Terrorism
Training for First Responders Efficient and Effective?''
Testimony was received from Hon. Raymond W. Kelly,
Commissioner, Police Department, City of New York; Mr. Shawn
Reese, Analyst in American National Government, Government and
Finance Division, Congressional Research Service; Mr. Steven
Edwards, Director, Maryland Fire and Rescue Institute,
testifying on behalf of the North American Fire Training
Directors; Sheriff Patrick D. McGowan, Chairman, Weapons of
Mass Destruction Committee, National Sheriff's Association;
Captain Jack Reall, National Fire Academy Board of Visitors;
Dr. Van D. Romero, Vice President, Research and Economic
Development, New Mexico Institute of Mining and Technology.
On July 26, 2005, the Subcommittee held a hearing entitled
``The London Attacks: Training to Respond in a Mass Transit
Environment.'' The Subcommittee received testimony from Mr.
Timothy Beres, Director, Preparedness Programs Division, Office
for Domestic Preparedness, Office of State and Local Government
Coordination and Preparedness, Department of Homeland Security;
Mr. Robert Jamison, Deputy Administrator, Federal Transit
Administration; Ms. Polly Hanson, Chief of Metro Police,
Washington Metro Area Transit Authority; Chief William A.
Morange, Deputy Executive Director/Director of Security, State
of New York; Mr. Paul Lennon, Director of Intelligence and
Emergency Preparedness Management, Los Angeles County
Metropolitan Transit Authority; and Mr. Christopher Kozub,
Associate Director, National Transit Institute.
The Subcommittee's oversight in this area supported the
development of the training and exercise provisions of the
``National Emergency Management Reform and Enhancement Act,''
which Congress incorporated into H.R. 5441, the ``FY 2007,
Department of Homeland Security Appropriations Act'' (P.L. 109-
270).
SCIENCE AND TECHNOLOGY DIRECTORATE MANAGEMENT AND COORDINATION
During the 109th Congress, the Subcommittee conducted
extensive hearings, briefings, and meetings with Federal
officials, academic experts, the private sector, and other
stakeholders on the mission and operations of the Science and
Technology (S&T) Directorate, the component of the Department
of Homeland Security responsible for research, development,
testing, and evaluation of homeland security technologies.
Unlike many of other components of the Department, the S&T
Directorate is not a legacy agency transferred from other
Federal departments in March 2003. Rather, the S&T Directorate
is a new entity and, as such, has experienced considerable
growing pains in its more than three years of existence. The
Subcommittee's oversight, therefore, focused on concerns
related to: (1) a lack of transparent strategic planning; (2)
inadequate detail in its budget justifications; (3) systemic
deficiencies in its financial and accounting controls; (4) poor
response to the needs of its customers and end-users; and (5)
failing to more rapidly develop and adopt technologies for
homeland security purposes.
On September 7, 2006, the Subcommittee held a hearing
entitled ``The Department of Homeland Security's Science and
Technology Directorate: Is it Structured for Success?'' The
Subcommittee received testimony from Hon. Jay Cohen, Under
Secretary for Science and Technology, Department of Homeland
Security. The hearing examined Under Secretary Cohen's plans to
reorganize the S&T Directorate to enhance its ability to
fulfill its responsibilities more effectively.
On November 3, 2006, senior officials from the S&T
Directorate briefed Subcommittee Staff on the status of the
Directorate's reorganization and delivered separate
presentations on the missions of and programmatic priorities
through Fiscal Year 2011 for each of the Directorate's new
divisions.
The Subcommittee's oversight in this area supported the
development of H.R. 4942, the ``Promoting Antiterrorism
Capabilities Through International Cooperation Act'' and H.R.
4941, the ``Homeland Security Science and Technology
Enhancement Act,'' two pieces of legislation intended to
improve the S&T Directorate's ability to harness public and
private sector research and development capabilities, both
domestically and internationally. H.R. 4942 passed the House of
Representatives on September 26, 2006; H.R. 4941 was reported
by the Full Committee in June 2006.
IMPLEMENTATION OF THE SUPPORT FOR ANTI-TERRORISM BY FOSTERING EFFECTIVE
TECHNOLOGIES (SAFETY) ACT OF 2002
As part of its oversight of the Science and Technology
(S&T) Directorate of the Department of Homeland Security, the
Subcommittee examined the efficacy of the ``Support Anti-
terrorism by Fostering Effective Technology Act'' (SAFETY Act)
6 U.S.C. 441 et seq.; Title VIII, Subtitle G of Public Law 107-
296, the ``Homeland Security Act of 2002.'' The SAFETY Act
provides limited liability from claims arising out of acts of
terrorism for sellers of qualified anti-terrorism technologies.
Through hearings, briefings, and meetings, the Subcommittee
focused on the S&T Directorate's implementation of the SAFETY
Act, including: application burden; confidentiality of
information; general program awareness; effectiveness of
liability protections against legal action; option for
expedited review; and the SAFETY Act's coordination with
procurement.
On September 13, 2006, the Subcommittee on Emergency
Preparedness, Science, and Technology and the Subcommittee on
Management, Integration, and Oversight held a joint hearing
entitled ``Helping Business Protect the Homeland: Is the
Department of Homeland Security Effectively Implementing the
SAFETY Act?'' The Subcommittees received testimony from Hon.
Jay Cohen, Under Secretary for Science and Technology,
Department of Homeland Security; Ms. Elaine C. Duke, Chief
Procurement Officer, Department of Homeland Security; Mr.
Andrew Howell, Vice President, Homeland Security Policy
Division, U.S. Chamber of Commerce; Mr. Michael M. Meldon,
Executive Director, Homeland Security and Defense Business
Council; Mr. Stan Z. Soloway, President, Professional Services
Council; and Brian E. Finch, Esq., Dickstein Shapiro, LLP.
The Subcommittee's oversight in this area contributed to
the Department of Homeland Security's decision to revamp its
implementation of the SAFETY Act by updating the application
process, ensuring that the certification process dovetails with
existing procurement processes, and minimizing the burdens
imposed on businesses so that liability is not an impediment to
developing and deploying anti-terrorism technologies for
Federal, State, and local homeland security personnel. In
addition, the Subcommittee's oversight supported the
development of provisions to streamline the SAFETY Act
application process in H.R. 5814, the ``Department of Homeland
Security Authorization Act for Fiscal Year 2007.'' H.R. 5814
was reported by the Full Committee in November 2006.
TECHNOLOGY CLEARINGHOUSE AND TECHNOLOGY TRANSFER
With respect to technology transfer, the Subcommittee
examined the extent of collaboration between the Department of
Defense (DoD) and the Department of Homeland Security in
identifying and adapting military technologies for homeland
security missions. In order to provide Federal, State, and
local homeland security personnel with the most advanced
operational tools available and to eliminate redundant research
and development programs, the Subcommittee examined: the nature
of cooperative agreements, if any, between DoD and the
Department and the extent and level of communication between
officials of the two Departments; the extent and level of
programmatic coordination between the two Departments in
developing technologies that have potential utility for both
military and homeland security purposes; the processes, if any,
for identifying and prioritizing military technologies suitable
for transfer; and the Department's progress in adapting and
modifying already transferred technologies.
On July 21, 2005, the Subcommittee on Emergency
Preparedness, Science, and Technology held a joint hearing with
the Subcommittee on Terrorism, Unconventional Threats and
Capabilities of the Committee on Armed Services entitled
``Technology Transfer: Leveraging Military Technology to
Enhance Homeland Security.'' The Subcommittees received
testimony from Ms. Sue Payton, Deputy Under Secretary of
Defense for Advanced Systems and Concepts, Department of
Defense; Dr. Tony Tether, Director, Defense Advanced Research
Projects Agency, Department of Defense; Dr. John Kubricky,
Director, Office of Systems Engineering and Development,
Science and Technology Directorate, Department of Homeland
Security; and Mr. Peter F. Verga, Principal Deputy Assistant
Secretary of Defense for Homeland Defense, Department of
Defense.
The Subcommittee's oversight in this area supported the
development of the technology transfer provisions in H.R. 4941,
the ``Homeland Security Science and Technology Enhancement Act
of 2006.'' The Subcommittee passed H.R. 4941 in March 2006. It
was reported by the Full Committee in June 2006.
PROJECT BIOSHIELD
The Subcommittee evaluated the Department of Homeland
Security's effectiveness in assessing and determining the
materiality of chemical, biological, radiological, and nuclear
(CBRN) threats pursuant to the Project Bioshield Act of 2004
(P.L. 108-276). Initially proposed by President Bush in January
2003, Project Bioshield is designed to address the lack of a
commercial market for countermeasures against CBRN weapons by
creating incentives for biotechnology and pharmaceutical
companies to invest in the research and development of such
countermeasures. The Subcommittee focused on the role of the
Department's Science and Technology (S&T) Directorate in
conducting material threat assessments, prioritizing existing
biological threats, and coordinating the Project Bioshield
process with the Department of Health and Human Services.
On Tuesday, July 12, 2005, the Subcommittee held a hearing
entitled ``Project BioShield: Linking Bioterrorism Threats and
Countermeasure Procurement to Enhance Terrorism Preparedness.''
The Subcommittee received testimony from Hon. Stewart Simonson,
Assistant Secretary, Office of Public Health Emergency
Preparedness, Department of Health and Human Services; Dr. John
Vitko, Jr., Director, Biological Countermeasures Portfolio,
Science and Technology Directorate, Department of Homeland
Security; Ms. Karen T. Morr, Acting Assistant Secretary, Office
of Information Analysis, Information Analysis and
Infrastructure Protection Directorate, Department of Homeland
Security; Dr. Marcus Eugene Carr, Jr., Executive Director,
Clinical Research-Hemostasis, Novo Nordisk, Inc.; Mr. Michael
Greenberger, Director, Center for Health and Homeland Security,
University of Maryland School of Law; Mr. Richard Hollis, Chief
Executive Officer, Hollis-Eden Pharmaceuticals, Inc.; Mr. James
A. Joyce, Chairman and Chief Executive Officer, Aethlon
Medical, Inc.; Mr. David P. Wright, President & Chief Executive
Officer, PharmAthene, Inc.; and Ms. Nancy Wysenski, President,
EMD Pharmaceuticals.
The Subcommittee's oversight in this area contributed to
the development of legislation by the Subcommittee on
Prevention of Nuclear and Biological Attack to accelerate the
material threat assessment process.
RADIOLOGICAL AND NUCLEAR DETECTION
The Subcommittee examined the effectiveness of radiation
detection monitors currently deployed at the Nation's ports of
entry and other radiation detection technologies and ongoing
research, development, testing, and evaluation efforts in
pursuit of next generation detention technologies.
On June 21, 2005, the Subcommittee on Emergency
Preparedness, Science, and Technology and the Subcommittee on
Prevention of Nuclear and Biological Attack held a joint
hearing entitled ``Detecting Nuclear Weapons and Radiological
Materials: How Effective Is Available Technology?'' The
Subcommittees received testimony from Mr. Gene Aloise,
Director, Natural Resources and Environment, Government
Accountability Office; Dr. Richard L. Wagner, Jr., Chair,
Defense Science Board Task Force on Prevention of, and Defense
Against, Clandestine Nuclear Attack and Senior Staff Member,
Los Alamos National Laboratory; Ms. Bethann Rooney, Manager,
Port Security, Port Authority of New York & New Jersey; Dr.
Benn Tannenbaum, American Association for the Advancement of
Science; Mr. Vayl Oxford, Acting Director, Domestic Nuclear
Detection Office, Department of Homeland Security; Mr. Michael
K. Evenson, Acting Director, Combat Support Directorate, DTRA,
Department of Defense; and Mr. David Huizenga, Assistant Deputy
Administrator, International Materials Protection and
Cooperation, National Nuclear Security Administration,
Department of Energy.
The Subcommittee's oversight in this area contributed to
the development of legislation by the Subcommittee on
Prevention of Nuclear and Biological Attack on radiological and
nuclear detection.
CYBERSECURITY RESEARCH AND DEVELOPMENT
The Subcommittee examined the Department of Homeland
Security's Science and Technology (S&T) Directorate's
cybersecurity research and development program and the
safeguards to minimize the vulnerabilities of our Nation's
electronic information infrastructure and to develop meaningful
countermeasures to thwart terrorist threats from cyberspace.
On October 18, 2005, the Subcommittee on Emergency
Preparedness, Science, and Technology and the Subcommittee on
Economic Security, Infrastructure Protection, and Cybersecurity
held a joint hearing entitled ``SCADA and the Terrorist Threat:
Protecting the Nation's Critical Control Systems.'' The
Subcommittees received testimony from Mr. Donald ``Andy''
Purdy, Acting Director, National Cyber Security Division,
Department of Homeland Security; Mr. Larry Todd, Director,
Security, Safety and Law Enforcement, Bureau of Reclamation,
Department of the Interior; Dr. Sam Varnado, Director of
Information Operations Center, Sandia National Laboratory; Dr.
K.P. Ananth, Associate Laboratory Director--National & Homeland
Security, Idaho National Laboratory; Dr. William Rush,
Institute Physicist, Gas Technology Institute; and Mr. Alan
Paller, Director of Research, The SANS Institute.
On August 8, 2006, the Subcommittee on Emergency
Preparedness, Science, and Technology and the Subcommittee on
Economic Security, Infrastructure Protection, and Cybersecurity
held a joint field hearing in Bellingham, Washington entitled
``Assessment of Risks at the Northern Border and the
Infrastructure Necessary to Address Those Risks.'' The
Subcommittees received testimony from Mr. Thomas Hardy,
Director of Field Operations, Seattle Field Office, Customs and
Border Protection, Department of Homeland Security; Mr. Ronald
Henley, Chief Patrol Agent, Blaine Sector, Customs and Border
Protection, Department of Homeland Security; Major General
Timothy J. Lowenberg, Adjutant General of Washington,
Washington National Guard; Hon. Dale Brandland, Senator,
Washington State Senate; Mr. David B. Harris, Senior Fellow for
National Security, Canadian Coalition for Democracies;
Ambassador Martin Collacott, Former Canadian Ambassador to
Syria and Lebanon; Mr. K. Jack Riley, Director, Homeland
Security Center, RAND Corporation; and Mr. Gregory Johnson,
President, Chapter 164, National Treasury Employees Union.
The Subcommittee's oversight in this area supported the
development of the cybersecurity research and development
provisions in H.R. 4941, the ``Homeland Security Science and
Technology Enhancement Act of 2006.'' Following the
Subcommittee's action, the Full Committee reported H.R. 4941 to
the House in June 2006.
LIQUID EXPLOSIVE DETECTION
The Subcommittee examined the Department of Homeland
Security Science and Technology (S&T) Directorate's research
and development program for liquid explosive detection
technologies. In the aftermath of the foiled terrorist plot in
August 2006 to detonate liquid explosives on international
airplane flights originating from the United Kingdom, the
Subcommittee held extensive briefings to assess the status of
the Department of Homeland Security's activities in this area.
On August 16, 2006, senior officials from the S&T
Directorate briefed Staff from the Subcommittee and the
Subcommittee on Prevention of Nuclear and Biological Attack on
the research and development activities of the Directorate's
Rapid Response Team on liquid explosive detection.
On August 23, 2006, senior officials from the S&T
Directorate briefed Staff from the Subcommittee and the
Subcommittee on Prevention of Nuclear and Biological Attack on
the maturity and development of liquid explosives detection
equipment for future deployment at airport security
checkpoints.
On October 25, 2006, Subcommittee Staff visited the
Transportation Security Lab in Atlantic City, New Jersey to
receive briefings on the Department's efforts to develop
technologies to identify liquid explosives and examine
technology under review and testing for the next generation
passenger and baggage screening systems.
Subcommittee on Emergency Preparedness, Science, and Technology
Hearings Held
The Proposed Fiscal Year 2006 Budget: Enhancing Terrorism
Preparedness for First Responders. Hearing held February 10,
2005. Serial No. 109-1.
The Need for Grant Reform and The Faster and Smarter
Funding for First Responders Act of 2005. Hearing held April
12, 2005. Serial No. 109-6.
Detecting Nuclear Weapons and Radiological Materials: How
Effective Is Available Technology? Joint hearing with the
Subcommittee on Prevention of Nuclear and Biological Attack
held June 21, 2005. Serial No. 109-22.
The National Training Program: Is Anti-Terrorism Training
for First Responders Effective, Efficient, and Coordinated?
Joint hearing held with the Subcommittee on Management,
Integration, and Oversight held June 23, 2005. Serial No. 109-
25.
Project BioShield: Linking Bioterrorism Threats and
Countermeasure Procurement. Hearing held July 12, 2005. Serial
No. 109-29.
Technology Transfer: Leveraging Military Technology to
Enhance Homeland Security. Joint hearing with the Subcommittee
on Terrorism, Unconventional Threats and Capabilities of the
Committee on Armed Services held July 21, 2005. Serial No. 109-
34.
The London Attacks: Training to Respond in a Mass Transit
Environment. Hearing held July 26, 2005 Serial No. 109-35.
Incident Command, Control, and Communications during
Catastrophic Events. Hearing held September 29, 2005. Serial
No. 109-44.
SCADA and the Terrorist Threat: Protecting the Nation's
Critical Control Systems. Joint Hearing held with the
Subcommittee on Economic Security, Infrastructure Protection,
and Cybersecurity held October 18, 2005. Serial No. 109-45.
Ensuring Operability During Catastrophic Events. Hearing
held October 26, 2005. Serial No. 109-49.
Responding to Catastrophic Events: The Role of the Military
and National Guard in Disaster Response. Joint hearing with the
Subcommittee on Terrorism, Unconventional Threats and
Capabilities of the Committee on Armed Services held November
9, 2005. Serial No. 109-56.
Protecting the Homeland: Fighting Pandemic Flu From the
Front Lines. Joint hearing with the Subcommittee on Prevention
of Nuclear and Biological Attack held February 8, 2006. Serial
No. 109-61.
The State of Interoperable Communications: Perspectives
from the Field. Hearing held February 15, 2006. Serial No. 109-
62.
The State of Interoperable Communications: Perspectives
from State and Local Governments. Hearing held March 1, 2006.
Serial No. 109-62.
Proposed Fiscal Year 2007 Budget: Enhancing Preparedness
for First Responders. Hearing held March 8, 2006. Serial No.
109-67.
Emergency Planning and Preparedness: Federal, State, and
Local Coordination. Hearing held in Orting, Washington April
12, 2006. Serial No. 109-73.
The State of Interoperable Communications: Perspectives on
Federal Coordination of Grants, Standards, and Technology.
Hearing held April 25, 2006. Serial No. 109-62.
Preparing for, Responding to, and Preventing Terrorist
Attacks, Natural Disasters and Other Emergencies: Is Northern
New Jersey Ready? Hearing held in Wayne, New Jersey June 26,
2006. Serial No. 109-88.
Emergency Care Crisis: A Nation Unprepared for Public
Health Disasters. Hearing held July 26, 2006. Serial No. 109-
94.
Assessing the Northern Border: Considerations for
Maintaining Secure and Open Borders. Joint field hearing held
in Blaine, Washington with the Subcommittee on Economic
Security, Infrastructure Protection, and Cybersecurity on
August 8, 2006. Serial No. 109-94.
The Department of Homeland Security's Science and
Technology Directorate: Is it Structured for Success? Hearing
held September 7, 2006. Serial No. 109-98.
Helping Business Protect the Homeland: Is the Department of
Homeland Security Effectively Implementing the SAFETY Act?
Joint hearing with the Subcommittee on Management, Integration,
and Oversight on September 13, 2006. Serial No. 109-100.
Subcommittee on Emergency Preparedness, Science, and Technology Markups
Held
H.R. 1544, ``Faster and Smarter Funding for First
Responders Act of 2005.''; was ordered favorably reported to
the Full Committee for consideration, amended, by Voice Vote.
April 19, 2005.
H.R. 4941, ``Homeland Security Science and Technology
Enhancement Act of 2006.''; was ordered favorably forwarded to
the Full Committee for consideration, amended, by voice vote.
March 15, 2006.
H.R. 4942, ``Promoting Antiterrorism Capabilities Through
International Cooperation Act.''; was ordered favorably
forwarded to the Full Committee for consideration, amended, by
voice vote. March 15, 2006.
Committee Print entitled ``Department of Homeland Security
Technology Development and Transfer Act of 2005''; was ordered
favorably forwarded to the Full Committee for consideration,
without amendment, by Voice Vote. April 18, 2005.
Subcommittee on Emergency Preparedness, Science, and Technology
Briefings and Site Visits Held
Site Visit to New York City, New York on Terrorism
preparedness activities and programs. June 6, 2005.
Site Visit to Houston and Beaumont, Texas to examine border
security issues. October 30, 2005.
Member briefing on Department of Homeland Security Fiscal
Year 2006 terrorism preparedness grants. February 8, 2006.
Site Visit to the U.S. Northern Command, Peterson Air Force
Base, Colorado. March 22 through 24, 2006.
Joint Member briefing with the Subcommittee on Prevention
of Nuclear and Biological Attack on the implementation plan for
the President's National Strategy for Pandemic Influenza. April
6, 2006.
Joint Site Visit with the Subcommittee on Economic
Security, Infrastructure Protection, and Cybersecurity of the
Port of Seattle, the Peace Arch Port of Entry, and the
Bellingham Air and Marine Branch. August 7 and 8, 2006.
Subcommittee on Investigations
MICHAEL T. McCAUL, Texas, Chairman
Bob Etheridge, North Carolina Christopher Shays, Connecticut
Bill Pascrell, Jr., New Jersey Daniel E. Lungren, California
Donna M. Christensen, U.S. Virgin Islandsd G. Reichert, Washington
Bennie G. Thompson, Mississippi (Ex Officio)rown-Waite, Florida
Peter T. King, New York (Ex
Officio)
Jurisdiction: Conduct of investigations into matters within the
jurisdiction of the full Committee and referred to the subcommittee by
the Chairman.
------
The Subcommittee on Investigations conducted investigations
on several key issues during the 109th Congress, including
criminal activity and incursions along the Southwest border,
and the rampant waste, fraud and abuse that occurred in the
aftermath of Hurricanes Katrina and Rita. The activities of the
Subcommittee included several hearings, numerous briefings,
site visits and extensive interviews with relevant Federal,
State, and local government officials, academic experts,
industry representatives, and non-governmental organizations.
As a result of its investigation into criminal activity along
the Texas border with Mexico, the Subcommittee Chairman McCaul
issued an interim report containing findings and
recommendations relating to this important issue.
Subcommittee on Investigations Activities
BORDER SECURITY
Border Incursions
On January 23, 2006, individuals appearing to be members of
the Mexican military crossed into the sovereign territory of
the United States in Hudspeth County, Texas. Reports indicated
that these individuals were attempting to protect a drug
shipment as it came across the border. When confronted by law
enforcement officers, the men retreated back into Mexico.
On January 26, 2006, the Chairman of the Committee on
Homeland Security, the Chairman of the Subcommittee on
Investigations, and the Chairman of the Subcommittee on
Management, Integration, and Oversight sent letters to the
Secretary of Homeland Security, the Secretary of State, and the
Ambassador for Mexico requesting information on these events.
The letters also requested information on the procedures and
policies in place to respond to such incursions.
On January 27, 2006, the Department of Homeland Security
and the Department of State responded, respectively, to the
Committee's letter by scheduling staff briefings. The briefings
took place on January 31, 2006, and were held jointly by the
U.S. Border Patrol and the Office of Mexican Affairs at the
Department of State. The U.S. Border Patrol provided
information relating to a January 23, 2006 incursion and
reported that the incident was being investigated by both the
Federal Bureau of Investigations (FBI) and Immigration and
Customs Enforcement (ICE). The Department of State reported
that the U.S. Ambassador to Mexico sent a diplomatic note to
the Mexican government regarding concern about the incursion
and the increased violence along the Southwest border.
On January 30, 2006, the Committee received a response from
the Mexican Embassy to the Committee's letter in the form of a
telephone call from the Ambassador's office. On February 7,
2006, Committee Members received a briefing by the Ambassador
of Mexico to the United States.
Subcommittee Staff traveled to El Paso, Texas on February 2
and 3, 2006 and were briefed by the U.S. Border Patrol, local
sheriffs, the FBI and ICE on the events related to the January
23, 2006 border incursion. Subcommittee Staff also toured the
location of the incursion, where sheriff's deputies described
the events. The FBI and ICE subsequently briefed Subcommittee
Staff on the investigation of the incursion. On February 3,
2006, the Chairman of the Subcommittee met with the U.S. Border
Patrol, Texas Department of Public Safety, ICE, and the U.S
Attorney's office and received a briefing on the events and
their investigation. The Subcommittee received a State police
video of the incursion and photographs taken at the scene.
On February 7, 2006, the Subcommittee on Investigations
held a hearing entitled ``Armed and Dangerous: Confronting the
Problem of Border Incursions.'' The Subcommittee received
testimony from Ms. Elizabeth Whitaker, Deputy Assistant
Secretary, Bureau of Western, Hemisphere Affairs, Department of
State; Mr. David Aguilar, Chief, U.S. Border Patrol, Department
of Homeland Security; Sheriff Arvin West, Hudspeth County
Sheriff's Department, Hudspeth County, State of Texas; Mr. Leo
Samaniego, Vice Chair, Texas Border Sheriff's Coalition,
Sheriff, El Paso County, State of Texas; Mr. Esequiel
Legarreta, Deputy Sheriff, Hudspeth County, State of Texas; Mr.
T.J. Bonner, President, National Border Patrol Council; and
Hon. Silvestre Reyes, a Representative in Congress from the
16th District, State of Texas. The hearing examined reports of
incursions across the United States border by Mexican military
and law enforcement personnel; trends in border incursion
incidents; the present state of diplomatic relations between
the United States and Mexico; and the challenges posed to
Federal, State and local law enforcement in deterring,
responding to, and investigating these crimes.
Criminal Activity and Violence Along the Southwest Border
The border incursion investigation led the Subcommittee to
initiate a more comprehensive study of the escalating criminal
activity and violence taking place along the Southwest border.
Subcommittee Staff met with numerous Federal, State and local
law enforcement officials, county attorneys, and local
residents and ranchers to gather facts relevant to this
investigation. From May 31 through June 2, 2006, Subcommittee
Staff traveled to New Mexico and met with the New Mexico
National Guard and U.S. Border Patrol agents at the Deming, New
Mexico border patrol station for briefings related to drug and
human smuggling along the New Mexico border with the United
Mexican States. Subcommittee Staff inspected newly constructed
vehicle barriers and observed demonstrations of camera
surveillance technology by the U.S. National Guard. From July
18 through 21, 2006, Subcommittee Staff traveled to Arizona and
met with local sheriffs and District Attorneys in Cochise and
Maricopa Counties, the Border Patrol, and local ranchers to
gather additional information relevant to the Southwest border
investigation. Subcommittee Staff received briefings by Border
Patrol, toured detention facilities, visited a check point, and
toured the Nogales, Arizona border with the United Mexican
States. Each law enforcement briefing emphasized the increasing
violence used by smugglers against law enforcement personnel
and the general public.
On August 14 and 15, 2006, representatives from the
Subcommittee attended the Third Annual Border Security
Conference in El Paso, Texas to discuss regional, national and
international border security cooperation. The Subcommittee
Chairman was a featured speaker on the Border Strategies Panel.
On August 16, 2006, the Subcommittee on Investigations held
a field hearing in Houston, Texas entitled ``Criminal Activity
and Violence Along the Southern Border.'' The Subcommittee
received testimony from Mr. Steve McCraw, Homeland Security
Director, Office of the Governor, State of Texas; Colonel
Russell Malesky, Counter-Drug Commander, Texas National Guard;
Mr. Alonzo Pena, Special-Agent-in-Charge, Immigration and
Customs Enforcement, U.S. Department of Homeland Security; Mr.
Rick Flores, Sheriff, Webb County, State of Texas; Mr. D'Wayne
Jernigan, Sheriff, Val Verde County, State of Texas; Mr. Gordon
Quan, Resident, Houston, Texas; Mr. T.J. Bonner, President,
National Border Patrol Council; Mr. Robert Eckels, County
Judge, Harris County, State of Texas; Major Michael O'Brien,
Sheriff's Office, Harris County, State of Texas; Mr. John
Moriarty, Inspector General, Department of Criminal Justice,
State of Texas; Hon. Adrian Garcia, Member, Houston City
Council, State of Texas; Mr. Harold Hurtt, Chief of Police,
City of Houston, State of Texas; Mr. Steven Stone, State
Trooper, Department of Public Safety, State of Texas; Mrs.
Carrie Ruiz, Resident, Houston, Texas; Mr. Dennis Nixon,
Chairman, International Bank of Commerce; and Mr. Jaime
Esparza, District Attorney, El Paso County, State of Texas.
This hearing examined several key issues, including: (1) the
vulnerability of the Nation's porous borders to terrorist
infiltration and weapons of mass destruction; (2) the resources
required to effectively manage the ever-increasing flow of
illegal aliens; (3) the viability of the Department of Homeland
Security's ``catch and return'' policy; (4) the successes of
the new Border Enforcement and Security Task Force; and (5) the
societal costs of illegal immigration.
From August 20 through 24, 2006, Subcommittee Staff
traveled to Texas and met with local sheriffs; representatives
of Immigration and Customs Enforcement, the Federal Bureau of
Investigations, and Customs and Border Protection; and local
ranchers to examine border security and criminal activity along
the Southwest border. Subcommittee Staff was briefed by Federal
law enforcement officials on the activities and brutal violence
associated with Mexican drug cartels and other criminal
networks. Subcommittee Staff was also briefed on special
interest alien smuggling, working relationships between U.S.
and Mexican Federal law enforcement and Federal law enforcement
initiatives to reduce crimes rates. Moreover, local law
enforcement officials from several counties of southern Texas
briefed staff on the increased criminal activity and violence
of drug and human smuggling.
On October 17, 2006, the Subcommittee issued an interim
report containing findings of its investigation into the
criminal activity and violence along the Southwest border of
the United States between Texas and Mexico. The report examined
the roots of the criminal enterprise; its effects on the local
populations; and the significance of these issues for the
overall homeland security of the United States. The
Subcommittee found that highly sophisticated and organized drug
trafficking organizations and human smuggling networks are
strengthening their control of key corridors along the
Southwest border. The Subcommittee subsequently issued
recommendations to ensure the existing resources of the U.S.
Border Patrol and local law enforcement are utilized to counter
the criminal networks that operate along the border and
threaten our national security.
FEDERAL EMERGENCY MANAGEMENT AGENCY REFORM
Emergency Preparedness and Response
On March 21, 2006, Members and Staff of the Committee on
Homeland Security conducted a site visit to the Gulf Coast of
Louisiana and Mississippi where Members and Staff witnessed the
devastation wrought by Hurricane Katrina. The Committee gained
a better understanding of what went wrong in the aftermath of
the hurricane and explored prospects for improved emergency
preparedness and response. The visit included meetings with
Louisiana and Mississippi National Guardsmen, relief charities,
and State and local government officials. The Committee visited
the levee system; met with the President of St. Bernard's
Parish; conducted a coastal over flight of the affected area;
and was briefed by State and local officials in Mississippi as
to the challenges posed by the longer term recovery.
From March 31 through April 10, 2006, Subcommittee Staff
met with several State emergency management and homeland
security officials, including Texas Homeland Security Director,
Mr. Steve McCraw; Florida Emergency Management Director, Mr.
Craig Fugate; and North Carolina Emergency Management Director,
Mr. Doug Hoell, for a series of briefings on emergency
preparedness and response procedures. Subcommittee Staff gained
a better understanding of the preparedness and response
capabilities needed on the part of Federal, State, and local
governments to improve the Nation's response to catastrophic
events, including acts of terrorism and natural disasters.
Based on these investigative activities, the Subcommittee
recommended several key Federal Emergency Management Agency
(FEMA) reform provisions included in H.R. 5441 (P.L. 109-295),
the ``Department of Homeland Security Appropriations Act of
2007,'' including provisions to ensure greater communication
and cooperation through enhancement of FEMA's existing regional
office structure. For additional information on H.R. 5441 (P.L.
109-295), see discussion under legislation above.
Waste Fraud and Abuse
On June 14, 2006, the Subcommittee held an investigative
hearing entitled ``Waste, Fraud and Abuse in the Aftermath of
Hurricane Katrina.'' The Subcommittee received testimony from
Mr. Gregory D. Kutz, Managing Director, Forensic Audits and
Special Investigations, Government Accountability Office; Ms.
Donna M. Daniels, Acting Deputy Director of Recovery, Federal
Emergency Management Agency, Department of Homeland Security;
and Mr. Joseph Becker, Senior Vice President for Preparedness
and Response, the American National Red Cross.
During the hearing, Members examined waste, fraud and abuse
in the Federal disaster assistance programs administered by the
Federal Emergency Management Agency (FEMA) in the aftermath of
Hurricanes Katrina and Rita. Members reviewed: (1) controls to
limit disaster assistance to qualified applicants only; (2)
control of debit card use to prevent duplicate disaster
assistance payments and improper usage; and (3) the existing
potential for widespread waste, fraud, and abuse in the
application for and receipt of expedited assistance and other
Federal disaster assistance payments. This hearing highlighted
significant deficiencies in FEMA's disaster assistance
programs, including a lack of meaningful controls to detect or
prevent fraud; insufficient verification of names, addresses or
Social Security numbers for applicants of Federal disaster
assistance; and limited inspection of damaged property. These
deficiencies and lack of protection resulted in thousands of
benefit checks issued to applicants with duplicate or false
information.
As a result of the Subcommittee's oversight activities,
significant problems in the Expedited Assistance program were
exposed. FEMA is in the process of implementing fraud
prevention recommendations issued by the U.S. Government
Accountability Office. Moreover, the Subcommittee recommended
several key fraud provisions in FEMA reform legislation
contained in H.R. 5441, the ``Department of Homeland Security
Appropriations Act of 2007'' (P.L. 109-295). For additional
information on H.R. 5441 (P.L. 109-295), see discussion under
legislation above.
Subcommittee on Investigations Hearings Held
``Armed and Dangerous: Confronting the Problem of Border
Incursions.'' Hearing held February 7, 2006. Serial No. 109-60.
``Waste, Fraud, and Abuse in the Aftermath of Hurricane
Katrina.'' Hearing held June 14, 2006. Serial No. 109-82.
``Criminal Activity and Violence along the Southern
Border.'' Field hearing held in Houston, Texas, held August 16,
2006. Serial No. 109-96.
Committee on Homeland Security Oversight Plan for the 109th Congress
Rule X. Clause 2(d) of the Rules of the House of
Representatives for the 109th Congress requires each standing
Committee in the first session of a Congress to adopt an
oversight plan for the two- year period of the Congress and to
submit the plan to the Committee on Government Reform and the
Committee on House Administration.
Rule XI. Clause 1(2)(d)(1) requires each Committee to
submit to the House of Representatives not later than January
2, of each odd-numbered year, a report on the activities of
that committee under Rule X and Rule XI during the Congress
ending on January 3 of such year. Clause 1(2)(d)(3) of Rule XI
also requires that such report include a summary of the action
taken and recommendations made with respect to each such plan;
and a summary of any additional oversight activities undertaken
by the Committee, and any recommendations made or actions taken
thereon.
Part A of this section contains the Committee on Homeland
Security Oversight Plan for the 109th Congress which the Full
Committee considered and adopted by a voice vote of February 9,
2005, a quorum being present.
Part B of this section contains a summary of the actions
taken by the Committee on Homeland Security to implement the
Oversight Plan for the 109th Congress and the recommendations
made with respect to this plan. Part B also contains a summary
of the additional oversight activities undertaken by the
Committee, and the recommendations made or actions taken
thereon.
Part A--Committee on Homeland Security Oversight Plan
Rule X. Clause 2(d) of the Rules of the House requires each
standing Committee to adopt an oversight plan for the two-year
period of the Congress and to submit the plan to the Committees
on Government Reform and House Administration not later than
February 15 of the first session of the Congress.
This is the oversight plan of the Committee on Homeland
Security for the 109th Congress. It includes the areas in which
the Committee expects to conduct oversight during the 109th
Congress, but does not preclude oversight or investigation of
additional matters as the need arises.
Prevention of Nuclear and Biological Terrorism Biodefense
In the 109th Congress, the Committee will examine the
continuing efforts of the Department of Homeland Security (DHS)
to establish a biological terrorism threat assessment
capability, and the relationship of such threat assessments to
countermeasure research and development activities. In
addition, the Committee will conduct oversight of the
Department's activities as outlined in Homeland Security
Presidential Directive (HSPD) 10 (``Biodefense for the 21st
Century''). Specific areas of consideration will include the
BioWatch Program, Project BioShield, and the National
Biodefense Analysis and Countermeasures Center (NBACC),
including its National Bioforensic Analysis Center. The
Committee will examine the short and long-term effectiveness of
these programs, as well as the overall coordination of the
Federal government's biodefense initiatives, to include
defenses against agro-terrorism and the safety of nation's food
supply. The Committee also will conduct oversight of the Plum
Island Animal Disease Center in the 109th Congress,
particularly its integration into NBACC's biodefense enterprise
and the Department's wider biodefense plans, and its support to
the Department's ``One Face at the Border'' initiative.
NUCLEAR TERRORISM/NUCLEAR SMUGGLING
In the 109th Congress, the Committee will conduct oversight
of Department of Homeland Security (DHS) programs focused on
assessing threats related to nuclear terrorism, including the
development of threat certification, characterization, and
source attribution techniques. The Committee will review the
integration of such threat assessments with the development of
detection capabilities and countermeasures, and the new nuclear
forensic program being developed by the Department. The
Committee will review the efforts of the Department's Science &
Technology Directorate (S&T) to establish and operate a
radiological countermeasures test bed (CMTB) to protect
critical elements of our transportation system, and other
efforts by the Department and other agencies of the Federal
government to develop and deploy sensors to detect nuclear
weapons that may be deployed against the United States. The
Committee will monitor how performance results of specific
detection technologies are evaluated and communicated to end
users.
In addition, during the 109th Congress, the Committee will
examine the continuing efforts of the Department to refine
risk-based methods for identifying and screening high-risk
cargo entering the United States, and the development of non-
intrusive inspection technologies and capabilities for
detecting and interdicting commerce in and transit of nuclear
and biological weapons, components, and precursors. The
Committee will review the domestic and international deployment
and operation of radiation portal monitors at air, land, and
seaports, and alternative approaches to tracking and monitoring
cargo in transit.
R&D INVESTMENT AND COORDINATION
In the 109th Congress, the Committee will review the
Department of Homeland Security's efforts to strategically
invest in those areas of basic research and development (R&D)
that will enhance the long-term prevention mission of the
Department, particularly with respect to biological and nuclear
terrorism. The Committee also will examine the Department's
efforts to carry out its statutory responsibilities for
coordinating government-wide R&D in these areas, and the
various roles and responsibilities of the Departments of
Homeland Security, Defense and Health and Human Services.
COUNTER-PROLIFERATION ACTIVITIES
In the 109th Congress, the Committee will review the
efforts of the Department of Homeland Security relating to
counter-proliferation of nuclear and biological weapons,
materials, and precursors and the detection and assessment of
chemical and radiological threats, including the coordination
of such activities within the Department and with the related
efforts of other Federal agencies.
Economic Security, Infrastructure Protection, and Cybersecurity Port
and Maritime Security
In the 109th Congress, the Committee will examine various
aspects of port security, including the security of port
facilities; the screening of vessels, passengers, cargo, and
crew for potential terrorists or instrumentalities of
terrorism; the development of international security standards
for shipping and containers; the development of secure
identification cards for maritime employees; and the balance
between ensuring security and the rapid movement of commerce.
As part of this oversight, the Committee plans to review the
efficiency and effectiveness of the Department's supply chain
security programs, such as the Container Security Initiative
(CSI), the Customs-Trade Partnership Against Terrorism (C-
TPAT), and Operation Safe Commerce (OSC); the implementation of
the Maritime and Transportation Safety Act of 2002; and the
relevant provisions of the Intelligence Reform and Terrorism
Prevention Act of 2004.
In the 109th Congress, the Committee will monitor the Coast
Guard's efforts to enhance maritime domain awareness. The
Committee intends to examine existing programs that contribute
to achieving this enhanced awareness, as well as other ways to
improve the overall Department of Homeland Security effort to
understand and deal with threats in the maritime environment.
As part of this effort, the Committee will review the Coast
Guard's efforts to refine the Deepwater Program to more
effectively account for the agency's prominent homeland
security-related missions and functions.
TERRORIST TRAVEL
In the 109th Congress, the Committee intends to conduct
oversight of the implementation of the Terrorist Travel and
Effective Screening subtitle of the Intelligence Reform and
Terrorism Prevention Act of 2004 (the Act). In particular, the
Committee will review Federal government efforts to ensure the
deployment and implementation of technology and training to
assist border and consular officials in identifying,
intercepting, and disrupting terrorists attempting to travel
into and within the United States, through improved detection
of fraudulent documents and terrorist travel techniques,
patterns, and indicators. As part of this oversight, the
Committee will review the training provided by the Federal Law
Enforcement Training Center in these areas, and the relevant
activities of the Department of Homeland Security's Forensic
Document Laboratory.
BORDER SECURITY TECHNOLOGY
The Intelligence Reform and Terrorism Prevention Act of
2004 established an advanced technology pilot program along the
northern border and mandated a comprehensive surveillance plan
for the southwest border. Both plans emphasize the use of
technology--particularly sensors, video, and unmanned aerial
vehicles (or remotely piloted aircraft)--to enhance border
security. In the 109th Congress, the Committee will monitor the
Department of Homeland Security's efforts to implement these
programs, and review other technologies that may be utilized to
enhance the security of U.S. borders in a cost-effective
manner. The Committee also will examine the relationship
between the activities of the Department's Border and
Transportation Security Directorate and the Science &
Technology Directorate in this regard.
BORDER SCREENING SYSTEMS
The US-VISIT Program--United States Visitor and Immigrant
Status Indicator Technology--is a complex, multi-year project
designed to manage the pre-entry, entry, and exit of foreign
nationals who travel to the United States. During the 109th
Congress, the Committee will examine the progress of the US-
VISIT program and future implementation deadlines; the
relationship of the State Department in visa applications and
its progress in equipping consular offices with machines to
capture biometrics; the integration, security, and reliability
of criminal, immigration, and terrorist databases used by the
program; the potential benefits and challenges of various
biometric technologies; the impact of the program on cross-
border travel at ports of entry; the ability of the Department
of Homeland Security (DHS) to use overstay reports generated by
the program for enforcement purposes; and the integration of
the US-VISIT program with other expedited inspection programs
into a single system for speeding qualified travelers, as
recommended by the 9/11 Commission. Within this context, the
Committee also will assess DHS progress with respect to the
integration and effectiveness of transportation and border
security screening systems for passengers and cargo transported
within the United States and across our borders. The Committee
also will examine the existing state of infrastructure at our
nation's ports of entry and assess improvements that may be
required to enhance implementation of new border security
programs.
DETENTION AND REMOVAL OF TERRORISTS
In the 109th Congress, the Committee will review the
efforts of the Department of Homeland Security to detain,
monitor, and remove aliens subject to deportation, particularly
those from countries of terrorist concern and who were
apprehended at U.S. borders and ports of entry. The Committee
specifically will focus on how the Department prioritizes
available bed space to ensure that high-risk aliens are not
released into the United States pending deportation
proceedings, as well as the Department's policies and practices
with respect to the actual detention of aliens in such
facilities.
NATIONAL STRATEGY FOR TRANSPORTATION SECURITY
During the 109th Congress, the Committee will examine the
Department of Homeland Security's (DHS) progress in developing
a risk-based National Strategy for Transportation Security, as
required by section 4001 of the Intelligence Reform and
Terrorism Prevention Act of 2004. In particular, the Committee
will examine the Department's efforts to develop sensible,
cost-effective strategies for dealing with terrorist threats in
these complex and varied environments, including with respect
the transportation of hazardous materials (HAZMAT). The
Committee also will review the potential efficacy and cost of
current and proposed practices to protect the mass transit
industry's passengers and infrastructure from terrorist attack,
including hardening of facilities, the use of biological,
chemical and radiological sensors, passenger screening, and
other methods to prevent or mitigate a terrorist attack.
Oversight in this area will include the appropriate
distribution and use of DHS transportation security grants.
PASSENGER AND BAGGAGE SCREENING
During the 109th Congress, the Committee expects to review
the Transportation Security Administration's (TSA) progress in
developing and deploying advanced passenger, baggage screening
technologies, including the cost-effectiveness and accuracy of
such technologies and their impact on passenger and baggage
throughput at airport checkpoints. The Committee also will
review TSA's efforts to establish sensible and appropriate
passenger search policies and practices, and to develop a new
passenger pre-screening program to improve the use of no-fly
and selectee lists, including the development of related
privacy protections and passenger redress processes, and
coordination with U.S. Customs and Border Protection on the
screening of international air travelers. As part of this
oversight, the Committee will examine TSA's current and
anticipated staffing needs and current plans to permit airports
to ``opt-out'' of the use of Federal screeners and to authorize
the use of private screeners subject to Federal supervision and
oversight.
OTHER AVIATION SECURITY MATTERS
In the 109th Congress, the Committee will examine the risks
and consequences of different types of terrorist attacks on or
utilizing aircraft, and the development of appropriate and
cost-effective security measures, to include supply-chain
security programs such as ``Known Shipper'' and related
efforts, to reduce or mitigate such risks. As part of this
oversight, the Committee expects to review efforts by the
Transportation Security Administration (TSA) relating to air
cargo security, general aviation aircraft, and countering Man
Portable Air Defense Systems (MANPADS). The Committee also will
review airport perimeter and access control procedures, as well
as related technology (including the Transportation Worker
Identification Credential and the Secure Identification Display
Area credential), to assess the effectiveness of TSA
requirements for limiting access to the secure areas of
commercial and general aviation airports. In addition, the
Committee will conduct oversight relating to the flight
planning and training practices of the Federal Air Marshals
Service, and the effectiveness of the Federal Flight Deck
Officer Program in protecting commercial aircraft from hostile
takeover.
AIRSPACE SECURITY
During the 109th Congress, the Committee will review
efforts of the Department of Homeland Security's Office of Air
and Marine Operations (AMO) to carry out its responsibilities
to interdict any airspace incursions into the restricted zone
of the National Capital Region (NCR), as well as its
responsibilities at the Air and Marine Operations Center (AMOC)
located in Riverside CA with respect to detecting air assets
crossing U.S. borders. The Committee's oversight in this area
also will include the roles and responsibilities of each of the
Federal agencies involved (including Department of Defense
assets such as the U.S. Northern Command, the North American
Aerospace Defense Command, and the Air National Guard) in and
responsible for interdiction, identification, and investigation
of aircraft that violate airspace restrictions within the
United States.
CRITICAL INFRASTRUCTURE PROTECTION
Under Homeland Security Presidential Directive 7 (HSPD-7),
the Department of Homeland Security (DHS) is responsible for
integrating sector-specific strategies into a National Strategy
for Critical Infrastructure Protection, and for coordinating
Federal efforts across all such infrastructure sectors. During
the 109th Congress, Committee oversight will focus on the
implementation of this National Strategy for Critical
Infrastructure Protection, including the Department's national
coordination responsibilities and its sector-specific critical
infrastructure protection responsibilities under applicable
laws and Presidential directives. The Committee also will
oversee efforts by the Department to compile, maintain, and
prioritize a National Asset Database, including the
coordination of such efforts with State and local officials and
the private sector. The Committee also will examine the
coordination of efforts between the Department of Homeland
Security, the Department of Defense, and States with respect to
the deployment of National Guard units to assist with critical
infrastructure protection activities.
In addition, the Committee will review the Department's
progress in identifying, prioritizing, recommending, and, as
applicable, implementing protective measures to reduce
vulnerabilities for critical infrastructure and key resources,
including its administration of programs to promote private
sector sharing of critical infrastructure threat and
vulnerability-related information, and its administration of
systems and programs to provide timely warnings of potential
risks to critical infrastructure. The Committee also will
evaluate the Protective Security Division's efforts to expand
the site visit and buffer zone protection programs for critical
assets.
CYBERSECURITY
In creating the Department of Homeland Security (DHS),
Congress brought together for the first time under a single
organization numerous elements of the Federal government
devoted to cybersecurity and protecting the critical
information infrastructure. In the 109th Congress, the
Committee will examine the Department's continuing efforts to
develop a comprehensive program to fully implement the National
Strategy to Secure Cyberspace. The Committee will focus on
enhancing accountability and leadership to improve integration
of the cybersecurity mission within the Department, and
coordination of cybersecurity best practices, risk assessments
and warnings across all levels of government and the private
sector. The Committee also will review DHS' cyber-related
remediation activities, including plans for recovery in the
event of a coordinated terrorist attack, and the Department's
efforts to coordinate with the private sector to develop
innovative mechanisms for information sharing on cybersecurity
threats, vulnerabilities and solutions. Finally, the Committee
will examine the Department's efforts to support research and
development and educational activities to improve cybersecurity
products and services that keep pace with changes in risk and
with advances in technology.
Intelligence, Information Sharing, and Terrorism Risk Assessment
DHS' OFFICE OF INFORMATION ANALYSIS
During the 109th Congress, the Committee will review
efforts to build the intelligence, analytical, and assessment
capabilities of the Department of Homeland Security (DHS)
Office of Information Analysis (IA), and to ensure its full
participation in the Intelligence Community in furtherance of
its homeland security mission. The Committee will examine
whether IA is receiving all relevant intelligence and law
enforcement information from other Federal agencies on a timely
basis; whether the Secretary of Homeland Security is
appropriately involved in the prioritization of the Federal
government's intelligence collection requirements for homeland
security purposes; and the Department's role in managing,
distributing, and otherwise using terrorist threat information
in furtherance of its homeland security mission. The Committee
also will monitor the Department's efforts to fill its numerous
personnel vacancies in IA, develop analysts with appropriate
skills, and establish training programs and enhanced career
tracks for DHS analysts. As part of this oversight, the
Committee will examine issues relating to personnel hiring
flexibility, competition from other Federal employers, and the
efficiency and length of the security clearance process.
In addition, during the 109th Congress, the Committee will
explore IA's interaction with the new National Counterterrorism
Center (NCTC), and how the NCTC's development affects IA's
ability to carry out its statutory mandates to assess terrorist
threats against the United States and to coordinate the
dissemination of such threat information among Federal, State
and local governments and the private sector.
DHS' INTELLIGENCE AND INFORMATION COLLECTION ACTIVITIES
In the 109th Congress, the Committee will examine the
Department of Homeland Security's information collection
efforts to ensure that they contribute materially to the
Department's overall homeland security/counterterrorism
mission. In particular, the Committee will oversee the efforts
of the Department's Information Analysis and Infrastructure
Protection Directorate to coordinate and integrate the
activities of the various intelligence and analytic units and
offices throughout the Department, and to ensure that national-
level terrorist threat intelligence is being disseminated to
the operational entities in the Department that need it to
carry out their homeland security missions. As part of this
oversight, the Committee will examine the effectiveness with
which the Department's intelligence and threat assessments are
utilized in carrying out Department-wide initiatives to
understand and assess critical infrastructure vulnerabilities
and to conduct national risk assessments. This oversight also
will include a review of the Department's plans to make better
use of Open Source Information, as recommended in the 9/11
Commission Report and the Intelligence Reform and Terrorism
Prevention Act of 2004.
INFORMATION SHARING
The Homeland Security Act of 2002, and a subsequent
Memorandum of Understanding on Information Sharing entered into
by the Attorney General, Director of Central Intelligence, and
Secretary of Homeland Security, mandated routine sharing of
homeland security-related information between and among
Federal, State and local officials, in order to assess the
nature and scope of terrorist threats to the United States and
to evaluate and act on that information in light of U.S.
vulnerabilities. During the 109th Congress, the Committee will
examine ways to further improve information sharing among
Federal, State and local governments, law enforcement entities,
first responders, and emergency management personnel. As part
of this effort, the Committee will examine the deployment and
operations of the Homeland Security Information Network (HSIN),
including the integration of HSIN with other information
sharing systems such as RISS.Net (the Regional Information
Sharing System Network) and the FBI's LEO (Law Enforcement
Online). The Committee also will examine the development and
implementation of the information sharing environment mandated
under the Intelligence Reform and Terrorism Prevention Act of
2004, and whether the Department is meeting the terrorism
threat-related information requirements of State, local, and
private sector officials in a timely and responsive manner. In
addition, the Committee will examine the issue of unclassified
information designations by DHS and other Federal agencies,
such as ``Sensitive Security Information,'' and any impact such
designations may have on the ability of the Department or other
Federal agencies to share information among Federal, state,
local, and private sector partners.
THREAT COMMUNICATIONS AND ADVISORIES
Under the Homeland Security Act of 2002, and the subsequent
Memorandum of Understanding on Information Sharing described
above, the Department of Homeland Security is given primary
responsibility for the issuance and coordination of Federal
threat advisories and recommended protective actions with
respect to potential acts of terrorism within the United
States. In the 109th Congress, the Committee intends to review
the Department's policies and procedures with respect to
issuing threat and warning advisories, including the Homeland
Security Advisory System, to ensure that they convey
information in a timely and relevant manner to Federal, State,
and local government officials and other entities. The
Committee also will review the level of coordination between
the Department and the Federal Bureau of Investigation (FBI)
with respect to issuing terrorism threat advisories and
warnings, as well as the role of the Northern Command's
Domestic Warning Center with respect to tracking potential
threats to the United States.
INTELLIGENCE-DRIVEN EFFORTS TO COUNTER TERRORISM-RELATED SMUGGLING
During the 109th Congress, the Committee will examine the
operations and progress of the Terrorist Screening Center, the
Human Smuggling and Trafficking Center, and other cooperative
efforts to prevent and interdict terrorist travel, including
the Department of Homeland Security's interaction with and
participation in such entities and efforts. In addition, the
Committee will review the Department's intelligence-driven
efforts to prevent and interdict terrorist travel and the
smuggling of illicit terrorism-related materials, including the
expansion of its ability to analyze terrorist techniques,
patterns, indicators, and trends, and to share such information
in a timely manner to enable front-line Department personnel to
identify, intercept, and disrupt terrorists attempting to
travel into and within the United States.
THE HOMELAND SECURITY OPERATIONS CENTER
The Department of Homeland Security's Homeland Security
Operations Center (HSOC) serves as the national nerve center
for information sharing and domestic incident management, by
increasing the vertical coordination between Federal, State,
and local government and private sector partners. In the 109th
Congress, the Committee will oversee the Department's efforts
to collect and fuse information in the HSOC in order to
maintain domestic situational awareness, and to carry out its
role as the primary national-level center during domestic
incidents and special events.
BORDER AND TRANSPORTATION COUNTER-TERRORISM INFORMATION SHARING
The multiple operational components of the Border and
Transportation Security Directorate of the Department of
Homeland Security collect and/or utilize intelligence and other
analytical tools daily to target certain suspicious persons and
cargo, and for effective resource allocation. In addition, the
United States Coast Guard, which is part of the Department of
Homeland Security, maintains a robust intelligence capability
in order to screen vessels and interdict persons attempting to
unlawfully enter the United States. In the 109th Congress, the
Committee plans to examine the extent to which these
Departmental programs and components are sharing and receiving
all appropriate information with and from each other,
particularly with respect to field components, and how such
information is being utilized to improve operations and
resource allocation.
Emergency Preparedness, Science, and Technology
COORDINATION OF FEDERAL PREPAREDNESS EFFORTS
The Intelligence Reform and Terrorism Prevention Act of
2004 requires the Secretary of Homeland Security to ensure
effective coordination of the Department's efforts to prevent,
prepare for, respond to, and recover from acts of terrorism and
other major emergencies. In the 109th Congress, the Committee
will oversee the Department's progress in ensuring such
coordination among the divisions of the Department, including
the Emergency Preparedness and Response Directorate and the
Office for State and Local Government Coordination and
Preparedness. The Committee also will examine the efficacy of
the Department's current organizational structure as it relates
to preparedness issues. In addition, the Committee will examine
the role of the U.S. Secret Service in planning, coordinating,
and carrying out security measures at National Special Security
Events.
FEDERAL HOMELAND SECURITY ASSISTANCE TO STATE AND LOCAL GOVERNMENTS AND
FIRST RESPONDERS
In the 109th Congress, the Committee will examine the
Department of Homeland Security's allocation and administration
of grants to State and local governments for terrorism
preparedness efforts. In particular, the Committee will review
the coordination and, where appropriate, consolidation of such
grant programs within the Department and across the Federal
government; the bottlenecks in the funding pipeline; the
distribution and spending of such grants at the State and local
levels; and the efficacy of Federal homeland security
assistance generally.
NATIONAL RESPONSE PLAN/INCIDENT MANAGEMENT
The National Response Plan (NRP) provides the structure and
mechanisms for the coordination of Federal emergency support to
State, territorial, local, and tribal governments, and for
implementing direct Federal authority. In the 109th Congress,
the Committee will oversee the Department of Homeland
Security's implementation of the recently-issued final National
Response Plan, including the Department's role in coordinating
the response obligations of all applicable Federal departments
and agencies (including the Department of Defense's weapons of
mass destruction civil support teams), and the NRP's effects on
State and local governments, first responders, and the private
sector. As part of this oversight, the Committee will also
review current preparedness and response plans of Federal,
State, and local officials in the event of a terrorist attack
involving hazardous materials transportation.
In addition, during the 109th Congress, the Committee will
oversee the Department's implementation of the National
Incident Management System (NIMS), including the efforts of the
NIMS Integration Center to provide strategic direction and
coordination of NIMS at the Federal level. The Committee will
review the Department's plans for providing guidance and
training to assist Federal, State, and local governments in
adopting NIMS, for utilizing NIMS to improve incident-related
coordination of multiple agencies and jurisdictions, and for
integrating NIMS with the National Response Plan.
NATIONAL PREPAREDNESS GOAL
Under Homeland Security Presidential Directive 8 (HSPD-8),
the Department of Homeland Security is required to develop in
2005 a National Preparedness Goal, to guide effective,
efficient, and timely delivery of Federal assistance to ensure
that first responders are prepared to respond to acts of
terrorism and other major emergencies. In the 109th Congress,
the Committee will monitor the Department's progress in
establishing the National Preparedness Goal, including the
development of readiness priorities on the basis of risk and
metrics to measure improvements in the Nation's ability to
prevent, prepare for, and respond to terrorist attacks.
FIRST RESPONDER TRAINING
During the 109th Congress, the Committee will review
several issues relating to the efficacy of Federal terrorism
preparedness training, including redundancy or duplication in
Federal training programs offered by multiple Federal agencies,
incorporation of such training into first responder
certification processes, and the level of coordination between
Federal, State, and local training programs. The Committee
intends to review the Department of Homeland Security's current
training programs and monitor its development of a
comprehensive, national training program for first responders.
The Committee will review the extent of State and local
government utilization and awareness of these programs, the
compatibility of the Department's programs with existing
training requirements and certifications for first responders,
and whether the Department is effectively utilizing existing
training infrastructures at the State and local levels to make
such Federal training more widely available and accessible.
EXERCISES AND SIMULATIONS
The Homeland Security Act of 2002 directs the Office for
Domestic Preparedness (ODP) within the Department of Homeland
Security (DHS) to coordinate all terrorism preparedness
exercises at the Federal level and to conduct such exercises in
collaboration with State and local governments, the private
sector, and first responders. In addition, in Homeland Security
Presidential Directive 8, the President directed DHS to create
a national program and multi-year planning system to conduct
terrorism preparedness-related exercises. During the 109th
Congress, the Committee will review DHS' progress in
establishing a National Exercise Program, and will evaluate the
extent to which this program enhances our Nation's
preparedness. The Committee also will review the execution of
TOPOFF III, a national terrorism exercise to be conducted in
early 2005.
INTEROPERABLE COMMUNICATIONS
In the 109th Congress, the Committee plans to oversee the
Department of Homeland Security's implementation of the new
public safety interoperable communications provisions contained
in the Intelligence Reform and Terrorism Prevention Act of
2004. Specifically, the Committee will oversee the newly-
established Office for Interoperability and Compatibility and
monitor how it enhances coordination and planning, provides
technical assistance, and disseminates best practices for
interoperable communications systems for first responders. The
Committee also will oversee the Department's implementation of
new authority to provide multi-year funding commitments to
grant recipients for interoperable communications purposes, and
its efforts to provide technical guidance to assist urban and
other high-risk areas in rapidly establishing interoperable
communications systems. In addition, the Committee will
continue to monitor the progress of Project SAFECOM, with
particular emphasis on its role in coordinating the
communications capabilities of Federal agencies, establishing
communications standards, and providing grant guidance,
technical assistance, and training.
EMERGENCY WARNINGS
In the 109th Congress, the Committee will monitor the
implementation and progress of two terrorism emergency warning
communication pilot programs authorized under the Intelligence
Reform and Terrorism Prevention Act of 2004--one relating to
telephonic warnings, and the other involving the utilization of
the AMBER Alert web portal. The Committee also will examine the
Federal government's efforts to provide prompt and useful
alerts and warning information to those persons at risk; to
ensure interoperability among different warning systems; to
provide for security and uniform standards and protocols for
the use of warning systems; and to develop meaningful metrics
to assess the effectiveness of such systems.
S&T DIRECTORATE MANAGEMENT AND COORDINATION
In the 109th Congress, the Committee will conduct oversight
of the management of the Department of Homeland Security's
Science & Technology Directorate, particularly the
Directorate's coordination of homeland security-related
research and development (R&D) within the Department and the
adequacy of mission support provided by the Directorate to
operational elements of the Department. The Committee also will
examine the Directorate's partnership with key Federal
departments, including the Departments of Energy, Defense, and
Health and Human Resources. In particular, the Committee will
review how well the Directorate is utilizing the National
Laboratories of the Department of Energy, and the effectiveness
of recent changes made regarding National Laboratory
participation in Directorate activities. The Committee also
will examine the framework under which the Directorate enters
into bi-national R&D efforts and develops relationships with
other private and academic entities.
TECHNOLOGY CLEARING HOUSE AND TECHNOLOGY TRANSFER
In the 109th Congress, the Committee will review the
efforts of the Science & Technology Directorate within the
Department of Homeland Security to establish, as required by
Section 313 of the Homeland Security Act of 2002, a centralized
``clearing house'' for information related to technologies that
would further the mission of the Department and its end users.
The Committee will examine ways to improve the Directorate's
current efforts in this area, and to better leverage the
technology solutions and technical capabilities of the private
sector in meeting our Nation's homeland security challenges. As
part of this oversight, the Committee will review the
activities of the Department relating to evaluation, testing,
and certification of private sector homeland security
technologies. The Committee also will evaluate progress with
respect to the timely and efficient transfer and
commercialization of existing technologies (including
modification of military technologies) for use by Federal,
State, and local governments and first responders to prevent,
prepare for, or respond to terrorist attacks.
S&T FELLOWSHIP PROGRAM AND CENTERS FOR EXCELLENCE
During the 109th Congress, the Committee will review the
Department of Homeland Security's (DHS) efforts to attract the
Nation's most talented scientists and build partnerships with
the academic community through its Homeland Security Centers of
Excellence and its Scholars and Fellows program. The Committee
will review how the Department determines to which issue areas
Centers are dedicated, and will evaluate how well the Centers
fulfill their assignments and enhance the Department's mission.
The Committee also will examine how Fellowship funds are
allotted and the effect of the program on the recruitment of
new scientific talent to DHS.
THE HOMELAND SECURITY INSTITUTE
The Homeland Security Institute (the Institute), created
under the Homeland Security Act of 2002 and sponsored by the
Department of Homeland Security (DHS), is a Federally-funded
research and development center (FFRDC) that produces strategic
analysis for the science and technology (S&T) mission of DHS.
In the 109th Congress, the Committee will examine the
utilization and tasking of the Institute by the Department's
S&T Directorate, and the Institute's efforts to provide
strategic direction and build the scientific capabilities
necessary to support the DHS S&T mission.
Management, Integration, and Oversight
STRATEGIC PLANNING AND EXECUTION
During the 109th Congress, the Committee will assess the
progress of the Department of Homeland Security in meeting the
major management and integration challenges facing the
Department, particularly with respect to strategic planning,
the development of a Future Year Homeland Security Program, and
the establishment of performance-based metrics to measure
progress towards critical homeland security goals.
INTEGRATION AND COORDINATION OF BORDER AND TRANSPORTATION SECURITY
FUNCTIONS
The Homeland Security Act of 2002 transferred 22 separate
agencies into the Department of Homeland Security (DHS),
several of which carry out critical activities relating to
securing U.S. borders against the entry of terrorists and
instrumentalities of terrorism--including the U.S. Coast Guard,
the Transportation Security Administration, the former U.S.
Customs Service, the former Immigration and Naturalization
Service, and the Animal and Plant Health Inspection Service.
During the 109th Congress, the Committee will conduct oversight
of the effectiveness of DHS efforts to integrate and coordinate
the air, land, and maritime security activities of these
numerous legacy entities, both nationally and internationally
and particularly with respect to management and budgeting,
sufficiency of resources, operational deployment of assets,
asset modernization plans, maintenance and repair capabilities,
interoperability of communication systems, and screening of
cargo, vessels, crews, and passengers. The Committee also will
conduct oversight of the ``One Face at the Border'' initiative,
which merged the primary border inspection activities relating
to customs, immigration, and animal and plant diseases into a
single program. As part of this oversight, the Committee will
examine the effectiveness of this merger, and in particular,
whether the combined training program for such inspectors
provides them with the ability to effectively evaluate
terrorist threats, identify terrorist indicators, screen cargo
and individuals, enforce customs and immigration laws and
rules, and appropriately inspect food and agricultural imports.
ACQUISITION AUTHORITIES AND CONTRACTS MANAGEMENT
During the 109th Congress, the Committee will review the
efforts of the Department of Homeland Security (DHS) to improve
the integration and coordination of the procurement functions
of its major legacy components, and to ensure that effective
management controls are put in place to prevent contract waste,
fraud and abuse. The Committee will review the authorities and
activities of the Chief Procurement Officer to ensure the
effective management of this key function. The Committee also
will review the Department's implementation of Section 831(a)
of the Homeland Security Act of 2002, which grants the
Secretary authority with respect to research and development
projects to use more flexible contracting mechanisms in an
effort to attract ``nontraditional government contractors'' for
needed homeland security technologies, as well as Section 833,
which gives the Secretary authority to use special
``streamlined'' acquisition authority in certain circumstances.
FINANCIAL MANAGEMENT
During the 109th Congress, the Committee will review the
efforts of the Department of Homeland Security (DHS) to address
financial management challenges, including with respect to
internal controls and the integration of numerous legacy
financial management systems. As part of this effort, the
Committee will review DHS efforts to implement a financial
enterprise solution to consolidate and integrate its financial
accounting and reporting systems, known as the Electronically
Managing Enterprise Resources for Government Effectiveness and
Efficiency project (Emerge2).
HUMAN CAPITAL MANAGEMENT
In February 2004, the Department of Homeland Security
proposed new regulations for human resource management, in
accordance with Section 841 of the Homeland Security Act of
2002, to create a more flexible and competitive personnel
system for Department employees. During the 109th Congress, the
Committee will monitor the Department's efforts to finalize
these regulations and begin implementation of the new system,
particularly with respect to the training of Department
managers and employees.
INFORMATION TECHNOLOGY SYSTEMS MANAGEMENT
During the 109th Congress, the Committee will review the
efforts of the Department of Homeland Security (DHS) to address
information technology (IT) challenges, particularly with
respect to standardizing and integrating legacy agency systems,
environments, and management approaches in a way that enhances
new, critical homeland security missions. The Committee will
review the authorities and activities of the Chief Information
Officer to ensure the effective management of this key
function. The Committee also will monitor the Department's
progress in IT architectural planning, investment management,
policy development, operations, and relate personnel
management.
PRIVACY AND CIVIL LIBERTIES PROTECTION
Section 222 of the Homeland Security Act of 2002 (the Act)
created a Privacy Officer for the Department of Homeland
Security (DHS), in order to ensure that DHS' information
gathering and analysis functions, across its many directorates
and offices, adhere to established standards for protection of
personal privacy. Section 705 of the Act also established an
Officer for Civil Rights and Civil Liberties to review and
assess information alleging abuses of civil rights or civil
liberties by employees and officials of the Department, and the
recently enacted Intelligence Reform and Prevention Act of 2004
required the Department's Inspector General to designate a
senior staff member to handle similar issues and work with the
Officer for Civil Rights and Civil Liberties on such matters.
During the 109th Congress, the Committee will monitor the
Department's efforts under such laws to strike an appropriate
balance between the needs of the Federal government to collect,
use, and distribute information relating to potential terrorist
attacks against the United States with the privacy expectations
and civil rights of U.S. citizens.
SAFETY ACT IMPLEMENTATION
The Support Anti-terrorism by Fostering Effective
Technologies Act of 2002 (the SAFETY Act) was included as
Subtitle G of the Homeland Security Act of 2002, and gave the
Secretary of the Department of Homeland Security (DHS) the
authority to designate, upon application, certain anti-
terrorism technologies as qualified to participate in the
Federal liability management program set forth therein. In the
109th Congress, the Committee will review DHS' promulgation and
implementation of regulations under such authority, as well as
the efforts of the DHS SAFETY Act Office to coordinate such
designation with operational components of the Department and
with other Federal, State, and local government agencies.
Part B--Implementation of the Committee on Homeland Security Oversight
Plan for the 109th Congress
Part B of this section contains a summary of the actions
taken by the Committee on Homeland Security to implement the
Oversight Plan for the 109th Congress and the recommendations
made with respect to this plan. Part B also contains a summary
of the additional oversight activities undertaken by the
Committee, and the recommendations made or actions taken
thereon.
Prevention of Nuclear and Biological Terrorism
BIODEFENSE
On July 28, 2005, the Subcommittee held a hearing entitled
``Implementing the National Biodefense Strategy.'' This hearing
examined the national biodefense strategy as articulated by
HSPD 10--National Biodefense for the 21st Century and examined
efforts underway to prevent a bioterrorist attack efforts with
an emphasis on collaboration for the research and development
of biological agent countermeasures by the relevant agencies
(the Departments of Homeland Security, Defense, and Health and
Human Services), to collaboratively carry out the strategy of
HSPD 10.
On September 15, 2005, the Subcommittee held a briefing
entitled ``Biological Weapons Threat Assessment.''
Representatives from the Department of Homeland Security and
Harvard Medical School, and Massachusetts General Hospital
briefed Members on the Department of Homeland Security's (DHS)
material threat assessment (MTA) process to guide BioShield
acquisition. Due to dual use technology and the dispersed
scientific knowledge and capabilities the bio-threat pose
unique challenges. This briefing addressed the current state of
bio-weapons risk assessment that will include intent, agent,
technology and expertise.
On May 11, 2006, the Subcommittee held a hearing entitled
``Creating a Nation-wide, Integrated Biosurveillance Network.''
This hearing discussed the status of the implementation of
Federal biosurveillance programs, and in particular, the
National Biosurveillance Integration System (NBIS).
On September 7, 2006, the Subcommittee held a classified
Member-only briefing on the establishment of the Department of
Homeland Security's National Biodefense Analysis and
Countermeasures Center (NBACC), part of the National Biodefense
Campus at Ft. Detrick. The briefing examined the role of the
NBACC in the Nation's biodefense strategy, the status its
development and construction, the plan for transitioning its
current programs to the new location once it is fully
operational.
NUCLEAR TERRORISM/NUCLEAR SMUGGLING
On March 15, 2005, the Subcommittee held a hearing entitled
``Nuclear Terrorism: Protecting the Homeland.'' This hearing
focused on the threat of nuclear terrorism, current efforts to
prevent terrorists from gaining access to or using a nuclear
device in the United States. Witnesses from National Nuclear
Security Administration, Department of Defense, Federal Bureau
of Investigations, and Department of Homeland Security
discussed the level of coordination existing between non-
proliferation and detection programs across the Executive
branch. Prior to this hearing personnel from the entities
represented at the hearing provided a classified briefing on
the same topic to Subcommittee Members.
On April 19, and 20, 2005, the Subcommittee held a hearing
entitled ``DHS Coordination of Nuclear Detection Efforts.''
This hearing reviewed the President's request to create a
Domestic Nuclear Detection Office (DNDO) within the Department
of Homeland Security and explored the appropriate structure,
role and responsibilities of DNDO, particularly with regard to
its relationships with other federal entities with nuclear
prevention missions.
On June 21, 2005, the Subcommittee on Prevention of Nuclear
and Biological Attack in conjunction with the Subcommittee on
Emergency Preparedness, Science, and Technology held a joint
hearing entitled ``Detecting Nuclear Weapons and Radiological
Materials: How Effective Is Available Technology?'' Witnesses
discussed the roles of the Federal entities with nuclear
smuggling prevention missions and the effectiveness of
installed radiation detection portal monitors and other
detection technologies, and addressed ongoing research and
development efforts to test and evaluate next generation
detection technologies.
On August 1, 2005, the Chairman of the Subcommittee issued
a request to the Governmental Accountability Office (GAO) to
examine the development and deployment of radiation portal
monitors to assess the effectiveness of current and planned
detection systems. On August 29, 2005, GAO agreed to examine
the issue. In a letter to the Subcommittee Chairman and Ranking
Member dated June 9, 2006, GAO again agreed to further examine
this issue by reviewing radiation detection equipment.
On September 22, 2005, the Subcommittee held a hearing
entitled ``Trends in Illicit Movement of Nuclear Materials.''
Witnesses discussed known cases of nuclear smuggling and
focused on how terrorists might exploit existing narcotics
networks and criminal organizations to transport nuclear
material or a nuclear explosive device internationally and
ultimately to the United States.
On May 25, 2006, the Subcommittee held a hearing entitled
``Enlisting Foreign Cooperation in U.S. Efforts to Prevent
Nuclear Smuggling.'' Representatives from the Department of
Homeland Security, the Department of Energy, and the Department
of State discussed their respective experiences in implementing
bilateral programs to counter nuclear smuggling. The hearing
examined and compared the terms of the agreements reached, as
well as implementation successes and setbacks, in order to
determine how to best encourage foreign participation, monitor
implementation and ensure program success.
R&D INVESTMENT AND COORDINATION
On January 23 and 24, 2006, Members of the Subcommittee
conducted a site visit of the Department of Homeland Security's
Radiological/Nuclear Countermeasures Test and Evaluation
Complex in Las Vegas, Nevada. In order to support its function
as the coordinator of the domestic nuclear detection
architecture, the Domestic Nuclear Detection Office conducts
research, development, testing and evaluation (RDT&E) to
improve capabilities for detecting, identifying and reporting
the movement of nuclear and radiological materials. To
facilitate such RDT&E, DNDO established the Radiological/
Nuclear Countermeasures Test and Evaluation Complex at the
Nevada Test Site with the cooperation of the Department of
Energy, the National Nuclear Security Administration and
Bechtel Nevada, to provide a unique facility dedicated to
enhancing the ability to deter the threat of nuclear or
radiological attack. This facility provides the ability to
conduct testing and evaluation of technology against special
nuclear material in a realistic and near-real world
environment.
As part of the Subcommittee's oversight of issues relating
to the utilization of science to prevent and deter nuclear and
biological terrorism, the Subcommittee held a hearing entitled
``The Science of Prevention'' on September 13, 2006. This
hearing reviewed and gauged the progress of the Domestic
Nuclear Detection Office and the Directorate of Science and
Technology in developing nuclear and biological
countermeasures.
On April 19, 2006, Subcommittee Staff visited the U.S.
Army's Edgewood Chemical and Biological Center (ECBC). The
purpose of this trip was to examine how the Department of
Homeland Security utilizes the resources of the Federal
government to counter the threat of terrorist attacks involving
chemical, biological, nuclear and radiological materials.
Subcommittee Staff toured newly constructed laboratories and
viewed deployable mobile laboratories under development.
COUNTER-PROLIFERATION ACTIVITIES
Proliferant states that actively support terrorism pose
unique challenges to combating terrorism, and chemical,
biological, radiological and nuclear terrorism in particular.
In order to highlight these challenges, the Subcommittee held a
hearing on September 8, 2005 entitled ``WMD Terrorism and
Proliferant States'' to review the nature of Iranian assistance
to Hezbollah and other terrorist organizations and examined
questions such as: (1) what is the nature and extent of Iranian
operational support for terrorist attacks?; (2) what are the
objectives of those attacks?; and (3) how should that
information factor into Department of Homeland Security
assessments of the threat of CBRN terrorism.
On May 26, 2005, the Subcommittee held a hearing entitled
``Building a Nuclear Bomb: Identifying Early Indicators of
Terrorist Activities.'' This hearing examined the means by
which terrorists may gain access to dangerous nuclear materials
and discussed the Federal government's numerous programs aimed
at reducing the risk of nuclear terrorist attack against the
United States. The Subcommittee received testimony from
representative from the Institute for International Security,
the Center for Global Security Research; and the Nuclear Threat
Initiative.
On June 22, 2006, the Subcommittee held a hearing entitled
``Reducing Nuclear and Biological Threats at the Source.'' This
hearing examined the danger posed when states end or diminish,
leaving behind a legacy of dangerous material and personnel
with dangerous skills. It focused on United State's efforts to
prevent these materials and skills from falling into the hands
of terrorists of their state sponsors. The Subcommittee
received testimony from the Department of Energy, Department of
State, the Department of Defense, the Center for International
Trade and Security of the University of Georgia, and the
Midwest Research Institute.
Economic Security, Infrastructure Protection, and Cybersecurity
Port and Maritime Security
The possibility of terrorists bringing a weapon of mass
destruction into the United States through a seaport or
detonating one in a seaport presents severe consequences that
demand a robust maritime and supply chain security system, with
multiple layers of security reaching from the point of origin
of commercial goods, through shipment at a foreign seaport to
delivery within the United States.
As part of the Committee's oversight of port and maritime
security issues during the 109th Congress, the Committee held
numerous hearings, briefings, and site visits. These events
highlighted the importance of the maritime transportation
system to national security and economic stability. Committee
Staff met with officials from the Department of Homeland
Security, including Customs and Border Protection, the Coast
Guard, and numerous industry groups and stakeholders to review
existing security programs and identify remaining programmatic
and resource gaps.
These oversight efforts culminated in the development of
H.R. 4954, the SAFE Port Act (P.L. 109-347), which was signed
into law on October 13, 2006.
TERRORIST TRAVEL
As part of the Committee's oversight over terrorist travel
during the 109th Congress, several hearings, briefings and site
visits were held. Disrupting terrorists in the efforts of
terrorists to enter into and travel within the United States is
a critical part of fighting the War on Terrorism. Additionally,
the Committee examined how terrorists may exploit existing
human smuggling and human trafficking operations to enter the
United States.
In addition to holding several hearings across
Subcommittees, Committee Staff met with officials from the
Department of Homeland Security, the Department of State, and
the Human Smuggling and Trafficking Center. Staff briefings
focused on the use of biometrics for identity verification, the
use of tamper resistant documents, and investigations to
discover and disrupt terrorist travel and criminal
organizations.
BORDER SECURITY TECHNOLOGY
As part of the Committee's oversight of the Department of
Homeland Security's efforts to achieve operational control over
the United States' borders, the Committee reviewed the
installation and use of advanced technology to enhance border
security. According to the Department of Homeland Security's
Secure Border Strategic Plan delivered to the Committee on
December 1, 2006, only 284 miles along the southwest border are
under effective control. The lack of operational control along
the border leaves the United States vulnerable to attacks by
terrorists and increasingly sophisticated global criminal
networks. The Committee's oversight activities focused on
determining what additional resources, technology, and policy
changes are necessary for achieving operational control along
the entire 6,000 miles of international border.
The Committee held several hearings and conducted site
visits focused on border security technology. Committee Staff
met with officials from the Department of Homeland Security,
Department of Justice, Department of State, State and local
governments, and the private sector. Additionally, the
Committee developed several pieces of legislation, including
H.R. 4312, the ``Border Security and Terrorism Prevention Act
of 2005,'' which mandates much-needed border security
improvements. These provisions were additionally incorporated
into H.R. 4437, the ``Border Protection, Antiterrorism, and
Illegal Immigration Control Act of 2005,'' that passed the
House of Representatives in December 2005.
BORDER SCREENING SYSTEMS
The capability to identify and verify all travelers
entering the United States is essential to National security.
The Department of Homeland Security has several programs in
place that have enhanced its ability in this area, including
the US-VISIT program, which captures biometric and biographic
data. Existing screening programs must also ensure that all
security screening initiatives function together efficiently
and effectively, and that travelers and goods are processed
more quickly and conveniently.
Committee Staff conducted meetings with officials from the
US-VISIT Program Office, Customs and Border Protection, and the
private sector. Additionally, the Committee received testimony
from several agencies within the Department of Homeland
Security and the private sector. The Committee included
legislation in H.R. 4312, the ``Border Security and Terrorism
Prevention Act of 2005,'' and H.R. 4437, the ``Border
Protection, Antiterrorism, and Illegal Immigration Control Act
of 2005,'' to require the Department to collect 10 fingerprints
for the US-VISIT program and a report on the timeline for full
implementation of US-VISIT.
DETENTION AND REMOVAL OF TERRORISTS
As part of the Committee's oversight of the Department of
Homeland Security's detention and removal capabilities, the
Committee conducted a number of hearings and briefings focused
on availability and management of the Department's detention
beds and removal processes. Between Fiscal Year 2001 and Fiscal
Year 2005, the Department apprehended and released nearly
170,000 aliens due to a lack of detention space and exacerbated
by lengthy removal proceedings. The result is that the majority
of those released never returned for their court appearances
and are likely living with impunity illegally in the United
States. There is no guarantee that terrorists or other
individuals with criminal backgrounds will not exploit this
vulnerability to inflict harm to the United States.
The Committee held a hearing on the status of the expedited
removal program, which allows expedited deportation of certain
illegal aliens. The more efficient the detention and removal
process, the less time illegal aliens spend in United States
detention facilities, allowing more aliens to be detained and
fewer released into communities with little to no tracking. To
address several of the concerns and deficiencies with the
current detention and removal processes, the Committee included
several provisions in H.R. 4312, the ``Border Security and
Terrorism Prevention Act'' to enhance capabilities, provide
additional resources, and change policies. The provisions were
later included in H.R. 4437, the ``Border Protection,
Antiterrorism, and Illegal Immigration Control Act,'' which
passed the House of Representatives on December 16, 2005.
Specifically, the Committee included Title IV of H.R. 4437,
which requires mandatory detention of all apprehended illegal
aliens, increases available detention bed space, provides
additional transportation and support resources for aliens in
detention, mandates expedited removal, and requires the
Secretary of Homeland Security to deny visas to travelers from
countries that refuse to repatriate citizens found to be
illegally in the United States.
NATIONAL STRATEGY FOR TRANSPORTATION SECURITY
As part of the Committee's oversight of the National
Strategy for Transportation Security during the 109th Congress,
the Committee held hearings, numerous briefings, and other
meetings with Federal, State and local officials to evaluate
the effectiveness of the Department's plan to secure the
transportation assets of the nation. These hearings and
briefings exposed numerous problems with the strategy, such as
lack of detail and specificity, and a lack of actionable items
for transit systems in the United States. In response, the
Committee included provisions in the DHS Authorization Bill for
FY 2007 that required the Department to issue a strategy
specifically discussing certain aspects of transportation
security, such as security measures during heightened alert,
training for personnel, information sharing procedures, and
clear identification of the roles and responsibilities of
Federal, State, and local agencies.
PASSENGER AND BAGGAGE SCREENING
As part of the Committee's oversight of the Transportation
Security Administration's (TSA) airport passenger and baggage
screening responsibilities, the Committee held a number of
hearings, briefings and meetings to understand better the
prescreening processes and to evaluate the use of screeners and
technology deployed at the checkpoint and baggage areas.
Additionally, the Committee spent considerable time monitoring
the deployment and progress of the Registered Traveler program.
This oversight highlighted issues of great concern, including
TSA's failure to implement a full-scale technology development
and deployment strategy for leveraging current and emerging
technologies, TSA's continuing over-reliance upon human
screeners; and TSA's poor management of its airport screening
workforce.
As a result of these oversight activities, the Subcommittee
on Economic Security, Infrastructure Protection, and
Cybersecurity approved on March 16, 2006, H.R. 4439, the
``Transportation Security Administration Reorganization Act of
2005,'' which amends the Homeland Security Act of 2002 to
improve federal security screening operations for passenger air
transportation.
OTHER AVIATION SECURITY MATTERS
The Transportation Security Administration's (TSA) air
cargo security procedures have remained an ongoing concern to
the Committee, and as part of its oversight Committee Staff
focused on TSA proposals establishing a system for designating
high risk cargo for enhanced security screening,
recommendations for enhancements to the ``Known Shipper
Program,'' including threat assessment requirements for
employees of freight handlers, and improved access control in
cargo handling areas. Committee Staff conducted several visits
to the Washington Dulles International Airport and observed
cargo screening operations; met with air cargo private sector
representatives; and reviewed the findings of the Government
Accountability Office with respect to existing vulnerabilities
in security mechanisms of air cargo transportation.
The Committee also examined flight planning and training
practices of the Federal Air Marshals Service (FAMS) and the
effectiveness of the Federal Flight Deck Officer Program.
Committee Staff also received several briefings on FAMS, toured
the FAMS Training Center in Atlantic City, New Jersey, and
examined FAMS training and the management of the Federal Flight
Deck Officer and the Self-Defense Training Programs.
Airspace Security
The Committee held a series of briefings on the Department
of Homeland Security's responsibility and capability for
conducting airspace security missions. The Committee also held
a series of briefings focused on the structure and mission of
the Customs and Border Protection (CBP) Air Office. CBP Air is
intended to merge the air assets and missions of the legacy
Office of Air and Marine Operations with the air assets of the
Border Patrol. Committee Staff received briefings from the
Department on the creation of this office and the impact that
it may have on continuing legacy missions.
The Committee included several provisions in H.R. 4312, the
``Border Security and Terrorism Prevention Act of 2005,'' which
was incorporated into H.R. 4437, the ``Border Protection,
Antiterrorism, and Illegal Immigration Control Act of 2005,''
to address concerns about the Department of Homeland Security's
airspace security mission. H.R. 4437 passed the House of
Representatives on December 16, 2005. Specifically, section 111
of H.R. 4437 requires the Department to report on the impact of
the National Capitol Region mission has on the fulfilling of
other border security missions within the Department. Section
502 requires the Department to establish an Office of Air and
Marine Operations to be the main air support agency for border
security and other missions as necessary within the Department.
Critical Infrastructure Protection
As part of the Committee's oversight of the Department of
Homeland Security's progress in identifying, prioritizing and
enhancing critical infrastructure protection--both physical and
cyber security--the Committee received both Member and Staff
briefings on the National Infrastructure Protection Plan
required under Homeland Security Presidential Directive (HSPD)-
7. The Committee examined the framework that utilizes Federal,
State and local efforts in combination with the private sector
to protect the Nation's critical assets and key resources, such
as energy, water and food supplies, health care, dams, and
transportation. In addition, the Committee held hearings on
chemical facility security, and the protection of other soft
targets, including shopping malls, office buildings, theme
parks, public transportation, museums, stadiums, hotels, and
schools. Committee Staff met with dozens of private sector
representatives to better understand their issues and concerns
and the Department's work in effective coordination,
information sharing, and deployment of Protective Security
Advisors.
The Committee held classified briefings on the National
Asset Database and the most critical asset list to better focus
the protection activities in an all-hazard situation. The
Committee also oversaw through briefings and staff site visits,
coordination issues with State and local authorities, and
implementation of the Buffer Zone Protection Program.
Cybersecurity
As part of the Committee's oversight of cybersecurity
issues during the 109th Congress, the Committee held numerous
hearings, briefings and other meetings with public and private
sector officials to better understand the effectiveness of the
Department of Homeland Security's programs addressing
cybersecurity. These hearings and briefings highlighted the
need for the creation of an Assistant Secretary within the
Department to concentrate solely on cybersecurity issues and
debate focus and stability to the various programs within the
National Cyber Security Division. The Committee also identified
several successes and failures of the Department's approach
toward cybersecurity and highlighted issues for future
oversight and evaluation.
The Subcommittee on Economic Security, Infrastructure
Protection, and Cybersecurity approved H.R. 285, the
``Department of Homeland Security Cybersecurity Enhancement Act
of 2005,'' a bill to create a National cybersecurity office
within the Department, to be headed by an assistant secretary.
Additional Activities
During the 109th Congress, the Committee actively examined
the Department of Homeland Security's efforts to enhance the
security of chemical facilities by holding hearings and
briefings and conducting site visits to determine the best
approach to improving chemical facility security measures. The
conclusions drawn by the Committee Members prompted the
introduction of H.R. 5695, the ``Chemical Facility Anti-
Terrorism Act of 2006,'' which was reported to the House by the
Committee in September 2006.
Intelligence, Information Sharing, and Terrorism Risk Assessment
DHS OFFICE OF INFORMATION ANALYSIS
The Committee spent substantial time reviewing the
Department of Homeland Security's (DHS) efforts to build the
intelligence, analytical, and assessment capabilities of the
Office of Information Analysis (IA), including overseeing and
guiding the transition to the Office of Intelligence and
Analysis (I&A) through multiple hearings with the Chief
Intelligence Officer, component intelligence heads, and
intelligence experts and hosted several other briefings,
informal meetings and site visits. The Committee examined I&A's
access to information and relevant intelligence from the
counterterrorism perspective and from the civil liberties
perspective. The Committee also helped guide the Department to
develop more comprehensive training and recruitment efforts to
help build a first-class intelligence capability.
Additionally, the Committee explored I&A's interaction with
the new National Counterterrorism Center (NCTC), and how the
NCTC and the Information Sharing Program Manager have
integrated the Department of Homeland Security's efforts into
the national counterterrorism and intelligence mission.
The Committee also closely monitored the Department's
analytical efforts to include DHS efforts on radicalization,
the organization and priority given to DHS intelligence
production and the quality and quantity of analysis from the
Department.
DHS INTELLIGENCE AND INFORMATION COLLECTION ACTIVITIES
Through hearings, briefings and meetings with component
agencies, the Committee examined the various information
collection efforts of the department, including its efforts
with open source information, information from ports of entry
and other law enforcement activities, and information related
to Terrorist Screening Center and other watch-listing
activities. The Committee also examined the Department's
intelligence and threat assessment activities through hearings
and briefings on threat and risk assessment, including hearings
and briefings with the Homeland Infrastructure Terrorism Risk
Analysis Center (HITRAC), topic-specific threat hearings, and
briefings on specific critical infrastructure threats.
INFORMATION SHARING
The Committee closely examined ways to further improve
information sharing among Federal, State and local governments,
law enforcement entities, first responders, and emergency
management personnel. This included briefings and hearings on
such topics as the Interagency Incident Management Group, the
Homeland Security Operations Center, The Homeland Security
Information Network, State and Local Fusion Centers and the
Information Sharing Program Manager. The Committee also
examined the issue of unclassified information designations
such as ``For Official Use Only'' and ``Sensitive Security
Information,'' and held briefings and a hearing on how the
Information Sharing Program Manager is working to solve the
problem that multiple, confusing designations cause.
THREAT COMMUNICATIONS AND ADVISORIES
The Committee reviewed the Department of Homeland
Security's policies and procedures with respect to issuing
threat and warning advisories, and passed legislation through
the Committee to ensure that they convey information in a
timely and relevant manner to Federal, State, and local
government officials and other entities. The Committee also
reviewed the level of coordination between the Department and
the Federal Bureau of Investigation with respect to terrorism
information through briefings and reviewed the relationship
with Northern Command through briefings and a site visit.
INTELLIGENCE-DRIVEN EFFORTS TO COUNTER TERRORISM-RELATED SMUGGLING
During the 109th Congress, the Committee examined the
operations and progress of the Terrorist Screening Center, the
Human Smuggling and Trafficking Center, and other border
security efforts. The Committee conducted hearings on these
issues and Committee Staff received numerous briefings to
further the Committee's understanding. The Committee reviewed
the Department's intelligence-driven efforts to strengthen
border enforcement and prevent and interdict terrorists.
THE HOMELAND SECURITY OPERATIONS CENTER
In February 2004, the Department of Homeland Security (DHS)
announced the launch of its Homeland Security Information
Network (HSIN) initiative, designed to connect all 50 States,
five U.S. territories, and 50 major urban areas with the
Homeland Security Operations Center (HSOC) at the Department.
The Committee followed the Department of Homeland Security's
efforts to collect and fuse information in the Homeland
Security Operations Center (now the National Operations Center)
and disseminate that information through the Homeland Security
Information Network.
BORDER AND TRANSPORTATION COUNTER-TERRORISM INFORMATION SHARING
In establishing the Department of Homeland Security,
through its Second Stage Review, merged various intelligence,
and intelligence gathering offices under one authority. The
Committee conducted oversight over the impact of this merger
and the results of these intelligence organizations and their
attempts to work more closely together.
The Committee closely examined the role of the Intelligence
efforts of the Transportation Security Administration, the
Federal Air Marshal Service, Customs and Border Protection,
Immigration and Customs Enforcement, the United States Coast
Guard and monitored these components' access and integration
within the Department's Intelligence Enterprise.
Emergency Preparedness, Science, and Technology
COORDINATION OF FEDERAL PREPAREDNESS EFFORTS
As part of the Committee's oversight of Federal emergency
preparedness during the 109th Congress, the Committee closely
examined the Department of Homeland Security's preparation for
and response to Hurricanes Katrina and Rita and other
catastrophic incidents. Through its hearings, briefings, and
meetings, the Committee closely focused on the coordination
between Federal, State, and local governments and the response
by the Federal Emergency Management Agency (FEMA) to the
devastation caused by the hurricanes to our Nation's Gulf
Coast.
In addition to numerous hearings, the Committee held a
hearing on October 19, 2005 which examined the respective roles
and responsibilities of local, State, and Federal authorities
in preparing for and responding to catastrophic incidents, both
natural and man-made. Committee Members and Staff also met
repeatedly with representatives from the Department, other
Federal agencies, State and local governments, and non-
governmental and voluntary organizations to review lessons
learned from the response to Hurricanes Katrina and Rita and
assess progress in addressing the obstacles that impeded our
Nation's preparedness for such catastrophic incidents. The
Committee also conducted site visits of the affected areas to
examine first-hand the devastation of the hurricanes and
recovery efforts.
These activities were part of the foundation for the
Committee's development of H.R. 5351, the ``National Emergency
Management Reform and Enhancement Act,'' which included
language to enhance coordination within the Department and FEMA
and between all levels of Government.
FEDERAL HOMELAND SECURITY ASSISTANCE TO STATE AND LOCAL GOVERNMENTS AND
FIRST RESPONDERS
As part of the Committee's oversight of first responder
issues during the 109th Congress, the Committee held numerous
hearings, briefings, and meetings with Federal, State, local,
and tribal officials and all of the first responder disciplines
to evaluate the effectiveness of the Department of Homeland
Security's programs that provide funding to State and local
governments and first responders. These hearings and briefings
highlighted numerous problems with the Department's grant
programs including: the need for the Department to allocate
terrorism preparedness grants on the basis of risk, not
arbitrary, political formulas; the burdensome nature of the
application process; the slow rate of spending (i.e., draw-
down) of homeland security funding by grant recipients; and the
lack of preparedness standards or goals to guide the spending
of such funds at the State and local levels of government.
The Committee held a series of hearings on first responder
grants and the need for reform which led to the introduction of
H.R. 1544, the ``Faster and Smarter Funding for First
Responders Act.''
In addition to these hearings, Members and Committee Staff
met on numerous occasions with Department officials to discuss
the grant programs, allocation methods, and proposals for
change to the grant programs. The Committee also examined the
Homeland Security Grant Program guidance and application kit
for the Urban Area Security Initiative, the State Homeland
Security Grant Program, and the Law Enforcement Terrorism
Prevention Program, the risk assessment process, application
procedures, and funding formula for the programs. Additionally,
representatives from the Department briefed Committee Staff on
the guidance and application kits for the Port Security Grant
Program, the Mass Transit Security Grant Program, and other
critical infrastructure grants. The Committee's oversight
activities focused in particular on the formulas used to
distribute first responder grants to States and urban areas for
FY 2006.
As a result of these oversight activities, the Committee
reported, and Congress enacted, provisions establishing a risk-
based port security grant program in H.R. 4954, the ``Security
and Accountability for Every Port Act.'' Moreover, the
Committee reported and the House passed, H.R. 1544, the
``Faster and Smarter Funding for First Responders Act.'' The
Committee included legislation similar to H.R. 1544 in H.R.
5814, the Department of Homeland Security Authorization Act of
2007, reported by the Committee on July 19, 2006. Additionally,
in working with the Department of Homeland Security, the
Department made significant changes in its administration of
these grant programs.
NATIONAL RESPONSE PLAN/INCIDENT MANAGEMENT
As part of the Committee's oversight of incident management
and response issues during the 109th Congress, the Committee
reviewed the Department of Homeland Security's implementation
and management of the National Response Plan (NRP) and the
National Incident Management System (NIMS). Through numerous
hearings, briefings, and meetings, the Committee examined: the
status of Federal, State and local government efforts to adopt
and implement the NIMS; the effectiveness of the NIMS
Integration Center as the Department's component with
responsibility for administering and maintaining the NRP and
NIMS; the comfort of non-fire service first responder
disciplines with the Incident Command System; the level and
extent of coordination between the Department of Defense (DoD)
and the Department of Homeland Security before, during, and
after catastrophic incidents; the DoD's responsibilities under
the NRP and whether the NRP, as drafted, sufficiently
facilitates military support to civilian authorities; and the
ability of the NRP and NIMS to deal with the challenges posed
by biological incidents, such as an avian influenza pandemic.
The Committee held a series of hearings on incident
management and response, including an examination of the
Nation's progress in adopting a National incident command
system during catastrophic acts of terrorism, natural
disasters, and other emergencies; the role of the military and
the National Guard in disaster response; the role of the
military and the National Guard in disaster response; the
appropriate role of the Federal Government in responding to an
influenza pandemic; and whether the NRP adequately addressed
biological events.
Committee Members and Staff met with representatives of the
Department and other Federal agencies, including the Department
of Defense, State and local officials, and various first
responder disciplines to discuss implementation of the NRP and
NIMs. For example, representatives of the Department's
Interagency Incident Management Group briefed Committee Members
on its role in coordinating the Federal Government's response
to catastrophic incidents pursuant to the NRP. Moreover,
Committee Staff visited U.S. Northern Command, Peterson Air
Force Base, Colorado to discuss military support to civil
authorities and the military's role in responding to
catastrophic incidents.
The Committee's oversight in this area resulted in the
enactment of incident management and response provisions in
H.R. 5357, the ``National Emergency Management Reform and
Enhancement Act,'' as part of H.R. 5441, the ``FY 2007,
Department of Homeland Security Appropriations Act.''
NATIONAL PREPAREDNESS GOAL
As part of the Committee's oversight of emergency
preparedness and response issues during the 109th Congress, the
Committee held several hearings, briefings, and meetings on
emergency preparedness and planning at the Federal, State,
regional, and local levels of government. In addition to
monitoring the Department of Homeland Security's progress in
establishing the National Preparedness Goal as required under
Homeland Security Presidential Directive 8 (HSPD-8), the
Committee reviewed the Department's efforts to assess the
status of catastrophic planning at all levels of government, as
well as its work with State and local governments to strengthen
their catastrophic emergency preparedness planning.
The Committee held a series of hearings on implementation
of HSPD-8 and the use of metrics to measure improvements in the
Nation's preparedness. The Committee held a field hearing to
examine coordination of emergency planning and preparedness at
all levels of government in the Pacific Northwest; prevention,
preparation and response to terrorism and other threats and
disasters on the East coast; and to analyze the state of
emergency medical preparedness and our Nation's readiness to
handle public health disasters.
Committee Members and Staff met representatives of the
Department's Preparedness Directorate, State and local
officials, and other stakeholders to discuss the Department's
progress in developing the National Preparedness Goal and its
affect on State and local government preparedness.
The Committee's oversight in this area resulted in
enactment of the preparedness and planning provisions in H.R.
5351, the ``National Emergency Management Reform and
Enhancement Act,'' as part of H.R. 5441, the ``FY 2007,
Department of Homeland Security Appropriations Act.''
FIRST RESPONDER TRAINING
As part of the Committee's oversight of first responder
training during the 109th Congress, the Committee held
hearings, briefings, and meetings to evaluate the efficacy and
efficiency of the Department of Homeland Security's
(Department) anti-terrorism training for first responders.
These activities focused on a number of issues critical to
first responder training including: the Department's
coordination with other Federal agencies and the duplication of
Federal anti-terrorism training programs; the Department's
coordination of training programs offered or carried out by its
various components; the Department's certification of State and
local first responder training courses and the ability of State
and local governments to spend Federal grant funds for such
purposes; the Department's use of State, regional, and local
training institutions, including academic institutions and
private industry; the Department's allocation of training
funding and its relationship to equipment purchases; and the
need to give priority training to first responders from high-
risk jurisdictions.
The Committee held hearings on the ability of the
Department to ensure that first responders possess the
specialized skills needed to prevent, prepare for, respond to,
mitigate against, and recover from catastrophic acts of
terrorism; the Department's coordination of terrorism
preparedness training for first responders at all levels of
government and within the private sector; and the state of
training for first responders to prevent, prepare for, and
respond to mass transit attacks.
Committee Members and Staff met with officials from the
National Domestic Preparedness Consortium (NDPC), and conducted
a site visit of the Center for Domestic Preparedness, the
National Exercise, Test, and Training Center at the Nevada Test
Site, and New Mexico Institute of Mining and Technology, to
observe first responder training activities and programs.
The Committee's oversight in this area resulted in
enactment of first responder training provisions in H.R. 5351,
the ``National Emergency Management Reform and Enhancement
Act,'' as part of H.R. 5441, the ``FY 2007, Department of
Homeland Security Appropriations Act.''
EXERCISES AND SIMULATIONS
With respect to first responder exercises and simulation,
the Committee held numerous briefings and meetings with
Federal, State, and local officials and first responders to
assess the Department of Homeland Security's National Exercise
Program and Homeland Security Exercise and Evaluation Program
(HSEEP), the Department's State and local exercise evaluation
system. These briefings and meetings highlighted a variety of
deficiencies with the Department's national preparedness
exercises including: the lack of timely dissemination of after
action reports to exercise participants; the absence of a
comprehensive remedial action program to assess implementation
of lessons learned from such exercises; the over-emphasis on
national level exercises; and insufficient coordination of
exercises between Federal, State, and local governments.
The Committee observed the Department of Homeland
Security's Top Officials Three Exercise (TOPOFF 3) exercise in
Connecticut and New Jersey in May 2005. The TOPOFF 3 series of
national level exercises is designed to evaluate the strength
of our national response to acts of terrorism involving weapons
of mass destruction. Committee Staff also regularly met with
Federal, State, and local officials and other stakeholders to
review the lessons learned from TOPOFF 3, plans for TOPOFF 4
during the Autumn of 2007, and the need to establish additional
mechanisms to evaluate first responder readiness.
The Committee's oversight in this area resulted in the
House passing exercise and simulation provisions in H.R. 5351,
the ``National Emergency Management Reform and Enhancement
Act,'' as part of H.R. 5441, the ``FY 2007, Department of
Homeland Security Appropriations Act.''
INTEROPERABLE COMMUNICATIONS
As part of the Committee's oversight of public safety
emergency communications during the 109th Congress, the
Committee held a series of hearings as well as numerous
briefings and meetings on Federal, State, and local efforts to
ensure that first responders and government officials are able
to communicate effectively in the event of acts of terrorism,
natural disasters, and other emergencies. These hearings and
briefings highlighted a number of issues critical to emergency
communications including: the complexities and challenges
involved in achieving and maintaining interoperable emergency
communications; the status of the Federal government's efforts
to address the vulnerabilities of our Nation's wired, wireless,
and broadcast communications infrastructure; the steps that the
Federal government is taking to assist State, local, and tribal
governments in establishing and maintaining incident command
and control when communications are severely disrupted; what
research and development programs the Department of Homeland
Security has established to investigate promising technological
solutions; the level of coordination between the Department and
other Federal departments and agencies charged with ensuring
communications capabilities, such as the Departments of
Commerce, Defense, and Justice, and the Federal Communications
Commission; and potential solutions for solving this
longstanding problem.
Committee Staff held numerous meetings with officials from
the Departments of Homeland Security, Agriculture, Commerce,
Defense, and Justice and the Federal Communications Commission
to discuss coordination and enhancement of their activities and
emergency communications grant programs. Committee Staff also
met with first responders, utilities companies, public works,
health care, and other stakeholders to discuss problems and
solutions for the crisis in emergency communications.
As a result of these oversight activities, the Committee
reported, and the House passed, H.R. 5852, the ``21st Century
Emergency Communications Act,'' which Congress subsequently
enacted as part of H.R. 5441, the ``FY 2007, Department of
Homeland Security Appropriations Act.''
EMERGENCY WARNINGS
As part of the Committee's oversight of public alert and
warning issues during the 109th Congress, the Committee held
regular briefings with the Department of Homeland Security, the
National Oceanic and Atmospheric Administration (NOAA), State
and local officials, first responders, and others to monitor
the Federal Government's implementation of two public alert and
warning pilot projects authorized under Public Law 108-408, the
Intelligence Reform and Terrorism Prevention Act of 2004, and
to discuss the development of the national integrated public
alert and warning system.
As a result of these oversight activities, the Committee
reported a provision establishing a National Integrated Public
Alert and Warning System as part of H.R. 5852, the ``21st
Century Emergency Communications Act.'' Additionally, the
Committee developed the wireless alert and warning provision
enacted as part of H.R. 4954, the ``Security and Accountability
for Every Port Act.''
S&T DIRECTORATE MANAGEMENT AND COORDINATION
As part of the Committee's oversight of the Department of
Homeland Security's (Department) research and development
activities during the 109th Congress, the Committee conducted
extensive hearings, briefings, and meetings with Federal
officials, academic experts, the private sector, and other
stakeholders on the mission and operations of Science and
Technology (S&T) Directorate, the component of the Department
responsible for research, development, testing, and evaluation
of homeland security technologies. These hearings and briefings
highlighted numerous problems with the Department's research
and development programs and the S&T Directorate including: a
lack of transparent strategic planning; inadequate detail in
its budget justifications; systemic deficiencies in its
financial and accounting controls; poor response to the needs
of its customers and end-users; and the slow transfer of
technologies for homeland security purposes.
The Committee held a hearing examining the Department's
plans to reorganize the S&T Directorate to enhance its ability
to fulfill its statutory responsibilities under the Homeland
Security Act. Committee Staff also met with officials from the
S&T Directorate to discuss its various management problems and
to advise on its reorganization.
As a result of these oversight activities, the Committee
reported, and the House passed H.R. 4942, the ``Promoting
Antiterrorism Capabilities Through International Cooperation
Act.'' In addition, the Committee reported H.R. 4941, the
``Homeland Security Science and Technology Enhancement Act.''
TECHNOLOGY CLEARINGHOUSE AND TECHNOLOGY TRANSFER
As part of the Committee's oversight of the technology
clearinghouse and technology transfer issues during the 109th
Congress, the Committee focused on the collaboration between
the Department of Homeland Security (DHS) and the Department of
Defense (DoD) in identifying and adapting military technologies
for homeland security missions. In order to provide Federal,
State, and local homeland security personnel with the most
advanced operational tools available and to eliminate redundant
research and development programs, the Committee held hearings
and hosted briefings examining the cooperative research
mechanisms in place to facilitate continued research
collaboration between DHS and DoD.
Committee Staff also met with officials from DHS and DoD,
and the private sector to discuss mechanisms for identifying
and prioritizing military technologies suitable for transfer
and the Department's progress in adapting and modifying already
transferred technologies.
As a result of these oversight activities, the Committed
reported H.R. 4941, the ``Homeland Security Science and
Technology Enhancement Act of 2006,'' which included technology
transfer provisions.
S&T FELLOWSHIP PROGRAM AND CENTERS FOR EXCELLENCE
As part of the Committee's oversight of the Department of
Homeland Security's (DHS) efforts to attract the Nation's most
talented scientists and build partnerships with the academic
community through its Centers of Excellence and its Scholars
and Fellows programs during the 109th Congress, the Committee
held numerous meetings with representatives of the Centers of
Excellence (the Centers), academic institutions supporting the
Centers, scholarship recipients, and other academic experts to
examine the effectiveness of these programs in developing a
professional cadre of homeland security scientists and to
stimulate more homeland security related research, development,
testing, and evaluation.
Committee Members and Staff held numerous meetings with the
Centers, academic stakeholders, and senior officials from the
Science and Technology Directorate's Office of University
Programs to evaluate the effectiveness of the Department's
efforts to leverage the academic community.
As a result of these oversight activities, the Committed
reported H.R. 4941, the ``Homeland Security Science and
Technology Enhancement Act of 2006,'' which included academic-
related provisions.
THE HOMELAND SECURITY INSTITUTE
As part of the Committee's oversight of the Science and
Technology (S&T) Directorate in the 109th Congress, the
Committee held meetings with stakeholders to discuss the
effectiveness of the S&T Directorate's utilization of the
Homeland Security Institute (the HSI), a Federally-funded
research and development center (FFRDC) that produces strategic
analysis for the S&T Directorate.
Committee Staff met with senior officials from the S&T
Directorate and the HSI to discuss whether the Department of
Homeland Security should transfer oversight over the HSI from
the S&T Directorate to the Office of Policy and what extent the
S&T Directorate financially and administratively supports the
HSI. As a result of these oversight activities, the Committed
reported H.R. 4941, the ``Homeland Security Science and
Technology Enhancement Act of 2006,'' which included a
provision to transfer the HSI. Additionally, the Committee's
oversight led the Department to devote more resources to better
utilize the HSI.
Additional Oversight Activities
IMPLEMENTATION OF THE SUPPORT FOR ANTI-TERRORISM BY FOSTERING EFFECTIVE
TECHNOLOGIES (SAFETY) ACT OF 2002
As part of the Committee's oversight of the Science and
Technology (S&T) Directorate in the 109th Congress, the
Committee examined the efficacy of the ``Support Anti-terrorism
by Fostering Effective Technology Act'' (SAFETY Act). The
SAFETY Act provides limited liability from claims arising out
of acts of terrorism for sellers of qualified anti-terrorism
technologies. Through hearings, briefings, and meetings, the
Committee focused on the S&T Directorate's implementation of
the SAFETY Act including: application burden, confidentiality
of information, general program awareness, effectiveness of
liability protections against legal action, option for
expedited review, and the SAFETY Act's coordination with
procurement.
The Committee held a hearing to examine the SAFETY Act
application process and its coordination with procurement
functions at the Department of Homeland Security. Committee
Staff also met with senior officials from the Department and
the private sector to discuss concerns about the Department's
implementation of the SAFETY Act and the Department's plans to
revamp its program.
As a result of these oversight activities, the Committee
reported H.R. 5814, the ``Department of Homeland Security
Authorization Act for Fiscal Year 2007,'' which included a
provision to streamline the SAFETY Act application process. The
Committee's oversight activities in this area contributed to
the Department's decision to strengthen SAFETY Act
implementation by updating the application process, ensuring
that the certification process dovetails with existing
procurement processes, and minimizing the burdens imposed on
businesses so that liability is not an impediment to developing
and deploying anti-terrorism technologies for Federal, State,
and local homeland security personnel.
PROJECT BIOSHIELD
As part of the Committee's oversight of the development of
countermeasures to counter biological threats in the 109th
Congress, the Committee evaluated the Department of Homeland
Security's effectiveness in assessing and determining the
potential for chemical, biological, radiological, and nuclear
(CBRN) agents to pose a threat to national security pursuant to
Public Law 108-276, the Project Bioshield Act of 2004.
Initially proposed by the President in January 2003, Project
Bioshield is designed to address the lack of a commercial
market for countermeasures against CBRN agents by creating
incentives for biotechnology and pharmaceutical companies to
invest in the research and development of such countermeasures.
The Committee focused on the role of the Department's Science
and Technology (S&T) Directorate in conducting material threat
assessments, prioritizing existing biological threats, and
coordinating the Project Bioshield process with the Department
of Health and Human Services.
The Committee held hearings and briefings examining
deficiencies with the Department's threat assessment and
determination process, and evaluating the scope, depth,
maturity, and effectiveness of our Nation's biodefenses.
The Committee's oversight activities in this area
contributed to the development and introduction of H.R. 5028
``The Project Bioshield Material Threats Act of 2006,'' which
was later incorporated into H.R. 5814, the ``Department of
Homeland Security Authorization Act for Fiscal Year 2007.''
This legislation was intended to accelerate the material threat
assessment process and help prioritize the order in which the
assessments are undertaken.
RADIOLOGICAL AND NUCLEAR DETECTION
As part of the Committee's oversight of radiological and
nuclear detection in the 109th Congress, the Committee
conducted extensive oversight of radiation detection monitors
and other nuclear and radiological detection technologies
currently deployed at our Nation's ports of entry, as well as
ongoing research, development, testing, and evaluation efforts
in pursuit of next generation detection technologies.
The Committee held a series of hearings and briefings on
the effectiveness of detection technologies and strategies. The
Committee analyzed the performance and effectiveness of the
Department's radiation and nuclear detection capabilities and
the strategies to detect, respond to and mitigate threats to
our security in this area.
The Committee's oversight in this area contributed to the
development and introduction of H.R. 5029 ``Prevention of
Nuclear Terrorism Act of 2006'' which was enacted as part of
H.R. 4954 ``The SAFE Port Act of 2006.'' This legislation
codified the Department's Domestic Nuclear Detection Office,
authorizing its mission, function, and authorities. Additional
provisions within H.R. 4954 laid out requirements for
coordinating and deploying radiation detection and nonintrusive
imaging equipment domestically and internationally.
CYBERSECURITY RESEARCH AND DEVELOPMENT
As part of the Committee's oversight of cybersecurity in
the 109th Congress, the Committee monitored the Science and
Technology (S&T) Directorate's cybersecurity research and
development program. Through hearings, briefings, and meetings,
the Committee focused on the development of safeguards to
minimize the vulnerabilities of our Nation's electronic
information infrastructure and the development of meaningful
countermeasures to thwart terrorist threats from cyberspace.
The Committee held a series of hearings on the complexities
of protecting our Nation's infrastructure from cyber attacks
which assessed both existing and emerging countermeasures and
safeguards available to protect and secure our Nation's
electronic infrastructure. As a result of these oversight
activities, the Committee reported H.R. 4941, the ``Homeland
Security Science and Technology Enhancement Act of 2006,''
which included a cybersecurity research and development
provision.
LIQUID EXPLOSIVES DETECTION
As part of the Committee's oversight of the threat posed by
liquid explosives in the 109th Congress, the Committee
scrutinized the Science and Technology (S&T) Directorate's
research, development, testing, and evaluation program for
liquid explosive detection technologies. Particularly in the
aftermath of the foiled terrorist plot to detonate liquid
explosives on international airplane flights originating from
the United Kingdom, the Committee held extensive briefings to
assess the status of the Department of Homeland Security's
activities in this area, including the research and development
activities of the S&T Directorate's Rapid Response Team on
liquid explosive detection. Committee Staff visited the
Transportation Security Lab in Atlantic City, New Jersey to
receive briefings on the Department's efforts to develop
technologies to identify liquid explosives and examine
technology under review and testing for the next generation
passenger and baggage screening systems.
As a result of these oversight activities, the Department
expanded its activities and programs related to the detection
of liquid explosives.
Management, Integration, and Oversight
STRATEGIC PLANNING AND EXECUTION
The Committee held numerous meetings with Department of
Homeland Security officials, including representatives of the
Office of Inspector General, to discuss progress in
strengthening and streamlining Departmental management and
operations. On April 20, 2005, the Committee held a hearing
specifically to discuss management challenges facing the
Department. The Committee also held several hearings to discuss
the potential impact of mission-based budgeting at the
Department and the Secretary of Homeland Security's Second
Stage Review, a Department-wide reorganization proposed and
implemented by the Secretary in July 2005.
INTERGRATION AND COORDINATION OF BORDER AND TRANSPORTATION SECURITY
FUNCTIONS
The Committee held a series of hearings examining the
Department's efforts to ensure integration and coordination
among the two primary agencies responsible for border security
and immigration functions within the Department: Customs and
Border Protection (CBP) and Immigration and Customs Enforcement
(ICE). While the initial hearings focused on the calls to
combine the two agencies into one single border security and
immigration enforcement agency, the last hearing focused on the
Department's efforts to increase integration and coordination
between the two agencies without a large-scale agency
reorganization.
Due to the oversight work by the Committee on integration
and coordination issues between CBP and ICE, the Committee
included specific provisions in H.R 4317, the ``Border Security
and Terrorism Prevention Act of 2005,'' to ensure greater
integration and coordination. These provisions were
additionally incorporated into H.R. 4437, the ``Border
Protection, Antiterrorism, and Illegal Immigration Control Act
of 2005,'' that passed the House of Representatives in December
2005.
In addition the Secretary of Homeland Security took
specific steps to address many of the Committee concerns and
ensure integration and coordination between the two agencies.
Specific actions include: creating a Department-wide Office of
Policy, an Office of Operations Coordination, and a more robust
Office of Intelligence and Analysis to be managed by a new
Chief Intelligence Officer; implementing the Secure Border
Initiative (SBI); placing the SBI Program Office in the DHS
Office of Policy; improving communication by requiring weekly
meetings between the Secretary and CBP and ICE; creating an
ICE/CBP Coordination Council; establishing mechanisms to ensure
the Under Secretary of Management and the Chief Financial
Officer collaborate with CBP and ICE on budget and strategic
planning issues; and establishing Border Enforcement and
Security Task Forces.
ACQUISITION AUTHORITIES AND CONTRACTS MANAGEMENT
Contracts and acquisition management were top priorities
for the Committee throughout the 109th Congress. The Committee
conducted several reviews of Department of Homeland Security
contracting practices and procedures, including disaster relief
and reconstruction contracts after the terrorist attacks of
September 11, 2001, and two transportation services contracts
that were set aside for businesses residing in historically
underutilized areas.
The Committee held hearings examining border security
contracts: the existing contract for the Integrated
Surveillance Intelligence System, to install cameras and
sensors along the southwest border; and the new SBInet
contract, the technology portion of the broader Secure Border
Initiative, which is a comprehensive, multi-year program
composed of a mix of personnel, infrastructure, and technology
to gain operational control of the Nation's borders.
Additionally, the Committee met with the Office of
Procurement Operations and the Office of Small and
Disadvantaged Business Utilization of the Department of
Homeland Security to examine the use of contracts set aside for
small and disadvantaged businesses. The Subcommittee also
reviewed the authorities of the Department's Chief Procurement
Officer and drafted legislation to ensure that this position
has sufficient authority to ensure the compliance of
Departmental components with statutes, rules, and regulations.
FINANCIAL MANAGEMENT
The Committee held a hearing with the Committee on
Government Reform to review the status of the Department of
Homeland Security's financial management system integration and
consolidation, also referred to as eMerge2. The hearing
resulted in the Committee focusing on why the Department
abruptly canceled the eMerge2 program after a $17 million
investment, as well as its decision to focus on improving
financial management processes and procedures prior to
migrating Departmental entities to new financial systems.
HUMAN CAPITAL MANAGEMENT
During the 109th Congress, Committee Staff met with the
Chief Human Capital Officers of the Department of Homeland
Security to discuss the implementation of MaxHR, the new
personnel system, as well as recruitment, retention, employee
morale, and training and education programs, the Committee held
hearings to discuss these issues.
INFORMATION TECHNOLOGY SYSTEMS MANAGEMENT
The Committee met with the Department of Homeland Security
Chief Information Officer several times throughout the 109th
Congress to discuss progress in integrating legacy information
technology systems and the elimination of redundant systems.
The Committee held a hearing to discuss information security at
the Department, including compliance with the requirements of
the Federal Information Security Management Act.
PRIVACY AND CIVIL LIBERTIES PROTECTION
Committee Staff met several times with the Privacy Officer
of the Department of Homeland Security, as well as the Office
of Civil Rights and Civil Liberties, regarding Departmental
efforts to protect the privacy of individuals and ensure that
the civil rights and civil liberties of individuals are
appropriately considered during program planning and
implementation. Committee Staff also monitored the work of the
Data Privacy and Integrity Advisory Committee, a Federal
Advisory Committee created to advise the Privacy Officer and
the Secretary of Homeland Security regarding programmatic,
policy, and operational issues within the Department that
affect individual privacy, data integrity, and data
interoperability. In addition, in order to ensure that the
needs of individuals with disabilities are incorporated into
disaster planning efforts, the Subcommittee drafted legislation
to ensure that the Officer for Civil Rights and Civil Liberties
serves as the Secretary of Homeland Security's coordinator for
issues relating to individuals with disabilities.
SAFETY ACT IMPLEMENTATION
The Committee met with representatives of the Department of
Homeland Security as well as industry stakeholders as part of
its efforts to ensure effective implementation of the SAFETY
Act, including the completion and publication of the final
implementing regulation and the issuance of a revised
application kit. Through hearings, briefings, and meetings, the
Committee focused on implementation issues including: the
application burden; confidentiality of information; general
program awareness; effectiveness of liability protections
against legal action; options for expedited review; and the
SAFETY Act's coordination with procurement.
A P P E N D I C E S
Appendix I--Committee Rules--Committe on Homeland Security
(Adopted October 7, 2005)
I. General Provisions
A. Applicability of the Rules of the U.S. House of
Representatives--The Rules of the U.S. House of Representatives
(the ``House'') are the rules of the Committee on Homeland
Security (the ``Committee'') and its subcommittees insofar as
applicable.
B. Applicability to Subcommittees--Except where the terms
``full Committee'' and ``subcommittee'' are specifically
referred to, the following rules shall apply to the Committee's
subcommittees and their respective Chairmen and Ranking
Minority Members to the same extent as they apply to the full
Committee and its Chairman and Ranking Minority Member.
C. Appointments by the Chairman--The Chairman of the
Committee (``the Chairman'') shall appoint a Member of the
majority party to serve as Vice Chairman of the Committee. The
Chairman shall appoint other Members of the majority party to
serve as Chairmen of each of the subcommittees.
D. Referral of Bills by Chairman--Except for bills or
measures retained by the Chairman for full Committee
consideration or discharged by the Chairman, every bill or
other measure referred to the Committee shall be referred by
the Chairman to the appropriate subcommittee within two weeks
of receipt by the Committee for consideration in accordance
with its jurisdiction. Where the subject matter of the referral
involves the jurisdiction of more than one subcommittee or does
not fall within any previously assigned jurisdiction, the
Chairman will refer the matter as he or she deems advisable.
Bills, resolutions, and other matters referred to subcommittees
may be reassigned or discharged by the Chairman when, in his or
her sole judgment, the subcommittee is not able to complete its
work or cannot reach agreement on the matter in a timely
manner.
E. Recommendation of Conferees--Whenever the Speaker of the
House is to appoint a conference committee on a matter within
the jurisdiction of the Committee, the Chairman shall recommend
to the Speaker of the House conferees from the Committee. In
making recommendations of minority Members as conferees, the
Chairman shall do so with the concurrence of the Ranking
Minority Member of the Committee.
F. Motions to Disagree--The Chairman is directed to offer a
motion under clause 1 of rule XXII of the Rules of the House
whenever the Chairman considers it appropriate.
II. Meetings and Hearings
A. Regular Meeting Date--The regular meeting date and time
for the transaction of business of the Committee shall be at
10:00 a.m. on the first Wednesday that the House is in Session
each month, unless otherwise directed by the Chairman.
B. Additional Meetings--The Chairman may call and convene,
as he or she considers necessary, additional meetings of the
Committee for the consideration of any bill or resolution
pending before the Committee or for the conduct of other
Committee business. The Committee shall meet for such purposes
pursuant to the call of the Chairman.
C. Consideration--Except in the case of a special meeting
held under Clause 2(c)(2) of House Rule XI, the determination
of the business to be considered at each meeting of the
Committee shall be made by the Chairman.
D. Notice--
1. Hearings--The date, time, place and subject matter of
any hearing of the Committee shall, except as provided in the
Committee rules, be announced by notice at least one week in
advance of the commencement of such hearing. The names of all
witnesses scheduled to appear at such hearing shall be provided
to Members no later than 48 hours prior to the commencement of
such hearing. These notice requirements may be abridged or
waived in extraordinary circumstances, as determined by the
Chairman with the concurrence of the Ranking Minority Member.
2. Meetings--The date, time, place and subject matter of
any meeting, other than a hearing or a regularly scheduled
meeting, shall be announced at least 36 hours in advance for a
meeting taking place on a day the House is in session, and 72
hours in advance of a meeting taking place on a day the House
is not in session, except in the case of a special meeting
called under Clause 2(c)(2) of House Rule XI. These notice
requirements may be abridged or waived in extraordinary
circumstances, as determined by the Chairman in consultation
with the Ranking Minority Member.
3. Publication--The meeting announcement shall be published
in the Daily Digest portion of the Congressional Record.
E. Open Meetings--All meetings of the Committee shall be
open to the public except when the Committee, in open session
and with a majority present, determines by recorded vote that
all or part of the remainder of that hearing on that day shall
be closed to the public because disclosure of testimony,
evidence, or other matters to be considered would endanger the
national security or would violate any law or rule of the
House, in accordance with Clause 2(g) or 2(k) of House Rule XI.
F. Quorum Requirements--Two Members shall constitute a
quorum for the purposes of receiving testimony and evidence at
a duly noticed hearing or meeting. One-third of the Members of
the Committee shall constitute a quorum for the transaction of
business, except that a majority of the Committee shall
constitute a quorum for ordering a report, entering executive
session, releasing executive session material, issuing a
subpoena, immunizing a witness, reporting contempt, or where
otherwise required under the rules of the House.
G. Opening Statements--At any meeting of the full
Committee, the Chairman and Ranking Minority Member shall be
entitled to present oral opening statements of five minutes
each. Other Members may submit written opening statements for
the record. In the case of a meeting of any subcommittee, the
Chairmen and Ranking Minority Members of the subcommittee and
the full Committee shall be entitled to present oral opening
statements of five minutes each, and other Members may submit
written opening statements for the record. At any hearing of
the full Committee, the Chairman of the full Committee, and at
any hearing of a subcommittee, the Chairman of that
subcommittee, in his or her discretion and with the concurrence
of the Ranking Minority Member of the full Committee or of that
subcommittee, respectively, may permit additional opening
statements by other Members of the full Committee or of that
subcommittee at the hearing in question.
H. Questioning of Witnesses--Committee questioning of
witnesses shall be conducted by any Member of the Committee, as
well as by such Committee staff as may be authorized by the
Chairman or presiding Member to question such witnesses.
Committee Members or authorized staff may question witnesses
only when recognized by the Chairman for that purpose.
1. Time Limitation--In the course of any hearing, Members
shall be limited to five minutes on the initial round of
questioning. No Member shall be recognized for a second
opportunity to question a witness until each Member of the
Committee who is present has been recognized for that purpose.
2. Order of Recognition--In questioning witnesses, the
Chairman and the Ranking Minority Member shall be recognized
first, after which Members who are in attendance when the
Chairman gavels the hearing to order will be recognized in the
order of their seniority on the Committee, alternating between
majority and minority Members. Members arriving after the
commencement of a hearing shall be recognized after all Members
present at the beginning of the hearing have been recognized,
in the order of their appearance, alternating between majority
and minority Members.
3. Alternative Questioning Procedure--The Chairman, or the
Committee by motion, may permit an equal number of majority and
minority Members to question a witness for a specified, total
period that is equal for each side and not longer than 30
minutes for each side. The Chairman, or the Committee by
motion, may permit Committee staff of the majority and minority
to question a witness for a specified, total period that is
equal for each side and not longer than 30 minutes for each
side.
I. Oath or Affirmation--Whenever the Committee holds a
hearing or meeting that the Chairman has designated as an
investigatory hearing or meeting in order to take testimony or
consider other evidence, the testimony of any person shall be
given under oath or affirmation administered by the Chairman or
his designee.
J. Statements by Witnesses--
1. Witnesses shall submit a prepared or written statement
for the record of the proceedings (including, where practicable
an electronic copy) with the Clerk of the Committee, and
insofar as practicable and consistent with the notice given,
shall do so no less than 48 hours in advance of the witness'
appearance before the Committee, unless such requirement is
waived or otherwise modified by the Chairman in consultation
with the Ranking Minority Member.
2. To the greatest extent practicable, the written
testimony of each witness appearing in a non-governmental
capacity shall include a curriculum vitae and a disclosure of
the amount and source (by agency and program) of any federal
grant (or subgrant thereof) or contract (or subcontract
thereof) received during the current fiscal year or either of
the two preceding fiscal years by the witness or by an entity
represented by the witness.
K. Objections and Ruling--Except as otherwise provided by
the rules of the House, any objection raised by a witness shall
be ruled upon by the Chairman or other presiding Member, and
such ruling shall be the ruling of the Committee unless a
Member of the Committee appeals the ruling of the chair and a
majority of the Committee present fails to sustain the ruling
of the chair.
L. Transcripts--A transcript shall be made of the testimony
of each witness appearing before the Committee during a
Committee hearing. All hearings of the Committee which are open
to the public shall be printed and made available.
M. Minority Witnesses--Whenever a hearing is conducted by
the Committee upon any measure or matter, the minority party
Members on the Committee shall be entitled, upon request to the
Chairman by a majority of those minority Members before the
completion of such hearing, to call witnesses selected by the
minority to testify with respect to that measure or matter
during at least one day of hearing thereon.
N. Contempt Procedures--No recommendation that a person be
cited for contempt of Congress shall be forwarded to the House
unless and until the Committee has, upon notice to all its
Members, met and considered the alleged contempt. The person to
be cited for contempt shall be afforded, upon notice of at
least 72 hours, an opportunity to state why he or she should
not be held in contempt, prior to a vote of all the Committee,
a quorum being present, on the question whether to forward such
recommendation to the House. Such statement shall be, in the
discretion of the Chairman, either in writing or in person
before the Committee.
O. The Five-Minute Rule--The time any one Member may
address the Committee on any bill, motion, or other matter
under consideration by the Committee shall not exceed five
minutes, and then only when the Member has been recognized by
the Chairman, except that this time limit may be exceeded when
permitted by unanimous consent.
P. Postponement of Vote--The Chairman may postpone further
proceedings when a record vote is ordered on the question of
approving any measure or matter or adopting an amendment. The
Chairman may resume proceedings on a postponed vote at any
time, provided that all reasonable steps have been taken to
notify Members of the resumption of such proceedings. When
proceedings resume on a postponed question, notwithstanding any
intervening order for the previous question, an underlying
proposition shall remain subject to further debate or amendment
to the same extent as when the question was postponed.
Q. Breaches of Decorum--The Chairman may punish breaches of
order and decorum, by censure and exclusion from the hearing;
and the Committee may cite the offender to the House for
contempt.
R. Access to Dais--Access to the dais during and before a
hearing, mark-up or other meeting of the Committee shall be
limited to Members and staff of the Committee, and staff of
Members of the Committee.
S. Cellular Telephones--The ringing or conversational use
of cellular telephones is prohibited on the Committee dais or
in the Committee hearing room during a hearing, mark-up, or
other meeting of the Committee.
T. Broadcasting--Whenever any hearing or meeting conducted
by the Committee is open to the public, the Committee shall
permit that hearing or meeting to be covered by television
broadcast, internet broadcast, print media, and still
photography, or by any of such methods of coverage, subject to
the provisions of the Legislative Reorganization Act of 1970
(Section 116(b) and House Rule XI. Priority shall be given by
the Committee to members of the Press Galleries.
III. Subpoenas
A. Authorization--The Committee, or any subcommittee, may
authorize and issue a subpoena under clause 2(m)(2)(A) of Rule
XI of the House, if authorized by a majority of the members of
the Committee or subcommittee (as the case may be) voting, a
quorum being present. The power to authorize and issue
subpoenas is also delegated to the Chairman of the full
Committee, in consultation with the Ranking Minority Member, as
provided for under clause 2(m)(3)(A)(i) of Rule XI of the House
of Representatives. Subpoenas shall be issued under the seal of
the House and attested by the Clerk of the House, and may be
served by any person designated by the Chairman. Subpoenas
shall be issued under the Chairman's signature or that of a
Member designated by the Committee.
B. Disclosure--Provisions may be included in a subpoena, by
concurrence of the Chairman and Ranking Minority Member, or by
the Committee, to prevent the disclosure of Committee demands
for information when deemed necessary for the security of
information or the progress of an investigation, including but
not limited to prohibiting the revelation by witnesses and
their counsel of Committee inquiries.
C. Subpoena duces tecum--A subpoena duces tecum may be
issued whose return shall occur at a time and place other than
that of a regularly scheduled meeting.
D. Requests for Investigations--Requests for
investigations, reports, and other assistance from any agency
of the executive, legislative, and judicial branches of the
federal government shall be made by the Chairman, upon
consultation with the Ranking Minority Member, or by the
Committee.
E. Affidavits and Depositions--The Chairman, in
consultation with the Ranking Member, or the Committee may
authorize the taking of an affidavit or deposition with respect
to any person who is subpoenaed under these rules but who is
unable to appear in person to testify as a witness at any
hearing or meeting.
IV. Subcommittees
A. Generally--The Committee shall be organized to consist
of six standing subcommittees with the following jurisdiction:
1. Subcommittee on Prevention of Nuclear and Biological
Attack: Prevention of terrorist attacks on the United States
involving nuclear and biological weapons, including the
Department of Homeland Security's role in nuclear and
biological counter-proliferation and detection of fissile
materials, biological weapons, precursors, and production
equipment; the Department of Homeland Security's role in
detecting and interdicting commerce in and transit of nuclear
and biological weapons, components, precursors, delivery
systems, and production equipment; development and deployment
of sensors to detect nuclear and biological weapons,
components, precursors, and production equipment; inspections
conducted domestically and abroad to detect and interdict
nuclear and biological weapons, components, precursors,
delivery systems, and production equipment; nuclear and
biological threat certification and characterization;
preventative use of technology, including forensic analytic
techniques, to attribute nuclear and biological weapons-related
samples to their sources; border, port, and transportation
security designed to prevent nuclear and biological attacks on
the United States; integration of federal, state, and local
efforts to prevent nuclear and biological attacks, including
coordination of border security initiatives for this purpose;
conducting relevant oversight; and other matters referred to
the Subcommittee by the Chairman.
2. Subcommittee on Intelligence, Information Sharing, and
Terrorism Risk Assessment: Intelligence and information sharing
for the purpose of preventing, preparing for, and responding to
potential terrorist attacks on the United States; the
responsibility of the Department of Homeland Security for
comprehensive, nationwide, terrorism-related threat,
vulnerability, and risk analyses; the integration, analysis,
and dissemination of homeland security information, including
the Department of Homeland Security's participation in, and
interaction with, other public and private sector entities for
any of those purposes; communications of terrorism-related
information by the federal government to State, local, and
private sector entities; issuance of terrorism threat
advisories and warnings (including administration of the
Homeland Security Advisory System); liaison of the Department
of Homeland Security with U.S. intelligence and law enforcement
agencies; information gathering, analysis, and sharing by
Department of Homeland Security entities; the role of
intelligence in terrorism threat prioritization; conducting
relevant oversight; and other matters referred to the
Subcommittee by the Chairman.
3. Subcommittee on Economic Security, Infrastructure
Protection, and Cybersecurity: Development of strategies to
protect against terrorist attack against the United States;
prioritizing risks through analytical tools and cost/benefit
analyses; prioritizing investment in critical infrastructure
protection across all sectors, including transportation (air,
land, sea, and intermodal, both domestic and international);
defeating terrorist efforts to inflict economic costs through
threats and violence; mitigation of potential consequences of
terrorist attacks on critical infrastructure, and related
target hardening strategies; border, port, and transportation
security; in the wake of an attack on one sector, ensuring the
continuity of other sectors including critical government,
business, health, financial, commercial, and social service
functions; security of computer, telecommunications,
information technology, industrial control systems, electronic
infrastructure, and data systems; protecting government and
private networks and computer systems from domestic and foreign
attack; preventing potential injury to civilian populations and
physical infrastructure resulting, directly or indirectly, from
cyber attacks; with respect to each of the foregoing, assessing
the impact of potential protective measures on the free flow of
commerce and the promotion of economic growth; conducting
relevant oversight; and other matters referred to the
Subcommittee by the Chairman.
4. Subcommittee on Management, Integration, and Oversight:
Oversight of Department of Homeland Security progress in
implementing the management and organizational directives of
the Homeland Security Act and other homeland security-related
mandates; Department of Homeland Security offices responsible
for the provision of department-wide services, including the
Under Secretary for Management, the Chief Information Officer,
and the Chief Financial Officer; cross-directorate, Department-
wide standardization and programmatic initiatives;
investigations and reports by the Inspector General of the
Department of Homeland Security; standardization and security
of Department of Homeland Security communications systems and
information technology infrastructure; harmonization and
effectiveness of Department of Homeland Security budgeting,
acquisition, procurement, personnel, and financial management
systems; incentives and barriers to hiring that affect
Department components; Department of Homeland Security-
initiated internal reorganizations; conducting relevant
oversight; and other matters referred to the Subcommittee by
the Chairman.
5. Subcommittee on Emergency Preparedness, Science, and
Technology: Preparedness for and collective response to
terrorism, including federal support to first responders;
terrorism-related incident management and response; consequence
mitigation; Department of Homeland Security-administered
homeland security grants to first responders; conduct and
coordination of exercises and training relating to mitigating
the effects of and responding to terrorist attacks (including
nuclear, biological, radiological, and chemical attacks on
civilian populations); federal government coordination of
terrorism-related emergency preparedness and response with and
among state and local governments, the private sector, and the
public; research, development and deployment of technology for
combating terrorism; adaptation of existing technologies to
homeland security prevention priorities; coordination and
enhancement of Department of Homeland Security interaction on
science and technology matters with the private sector,
federally funded research and development centers, educational
institutions, the National Laboratories, and other scientific
resources; Department of Homeland Security-based science and
technology entities and initiatives; conducting relevant
oversight; and other matters referred to the Subcommittee by
the Chairman.
6. Subcommittee on Investigations: Conduct of
investigations into matters within the jurisdiction of the full
Committee and referred to the subcommittee by the Chairman.
B. Powers and Duties of Subcommittees--Unless otherwise
directed by the Chairman of the full Committee, each
subcommittee is authorized to meet, hold hearings, receive
testimony, mark up legislation, and report to the Committee on
all matters within its jurisdiction, except that the
Subcommittee on Investigations shall have no authority to mark
up legislation. Subcommittee Chairmen, in consultation with the
Ranking Members of the respective subcommittees, shall set
hearing and meeting dates only with the approval of the
Chairman of the Committee, in consultation with the Ranking
Member of the Committee.
C. Selection and Ratio of Subcommittee Members--The
Chairman and Ranking Member shall select their respective
Members of each Subcommittee. The ratio of majority to minority
Members shall be comparable to the ratio of majority to
minority Members on the full Committee, except that each
subcommittee shall have at least two more majority Members than
minority Members.
D. Ex Officio Members--The Chairman and the Ranking
Minority Member of the Committee shall be ex officio members of
all subcommittees, with full rights as a member of each
subcommittee. They are authorized to vote on all matters that
arise before any subcommittee, and may be counted for purposes
of establishing a quorum in such subcommittees.
E. Special Voting Provision--If a tie vote occurs in a
subcommittee on the question of reporting any measure to the
full Committee, the measure shall be placed on the agenda for
full Committee consideration as if it had been ordered reported
by the subcommittee without recommendation.
V. Committee Staff
A. Generally--Members of the Committee staff shall work
collegially, with discretion, and always with the best
interests of the Nation's security foremost in mind. Committee
business shall, whenever possible, take precedence over other
official and personal business. For the purpose of these rules,
Committee staff means the employees of the Committee,
consultants engaged by the Committee, and any other person
engaged by contract, or otherwise, to perform services for, or
at the request of, the Committee, including detailees and
fellows. All such persons shall be subject to the same
requirements as employees of the Committee under this rule. To
be employed or otherwise engaged by the Committee, an
individual must be eligible to be considered for routine (non-
limited) access to classified information.
B. Staff Assignments--All Committee staff shall be staff
of, and engaged by, the full Committee. Committee staff shall
be either majority, minority, or joint. Majority staff shall be
designated by and assigned to the Chairman. Minority staff
shall be designated by and assigned to the Ranking Minority
Member. Joint Committee staff shall be designated by the
Chairman, in consultation with the Ranking Minority Member, and
assigned to service of the full Committee. The Chairman shall
certify Committee staff appointments, including appointments by
the Ranking Minority Member and joint staff appointments, to
the Clerk of the House in writing.
C. Joint Committee Staff--The Chairman and Ranking Minority
Member may agree to employ joint Committee staff, with duties
as mutually agreed. Such joint Committee staff works for the
Committee as a whole, under the supervision and direction of
the Staff Director of the Committee.
D. Notification of Testimony--No member of the Committee
staff shall be employed by the Committee unless and until such
person agrees in writing, as a condition of employment, to
notify the Committee of any request for testimony, either while
a member of the Committee staff or at any time thereafter, with
respect to classified information which came into the staff
member's possession by virtue of his or her position as a
member of the Committee staff. Such classified information
shall not be disclosed in response to such requests except as
authorized by the Committee.
E. Divulgence of Information--Prior to the public
acknowledgement by the Chairman or the Committee of a decision
to initiate an investigation of a particular person, entity, or
subject, no member of the Committee staff shall divulge to any
person any information, including non-classified information,
which comes into his or her possession by virtue of his or her
status as a member of the Committee staff, if such information
may alert the subject of a Committee investigation to the
existence, nature, or substance of such investigation, unless
authorized to do so by the Chairman or the Committee.
VI. Member and Staff Travel
A. Approval of Travel--Consistent with the primary expense
resolution and such additional expense resolutions as may have
been approved, travel to be reimbursed from funds set aside for
the Committee for any Member or any Committee staff shall be
paid only upon the prior authorization of the Chairman. Travel
may be authorized by the Chairman for any Member and any
Committee staff only in connection with official Committee
business, such as the attendance of hearings conducted by the
Committee and meetings, conferences, site visits, and
investigations that involve activities or subject matter under
the general jurisdiction of the Committee.
1. Proposed Travel by Majority Party Members and Staff--In
the case of proposed travel by majority party Members or
Committee staff, before such authorization is given, there
shall be submitted to the Chairman in writing the following:
(a) the purpose of the travel; (b) the dates during which the
travel is to be made and the date or dates of the event for
which the travel is being made; (c) the location of the event
for which the travel is to be made; and (d) the names of
Members and staff seeking authorization. On the basis of that
information, the Chairman shall determine whether the proposed
travel is for official Committee business, concerns subject
matter within the jurisdiction of the Committee, and is not
excessively costly in view of the Committee business proposed
to be conducted.
2. Proposed Travel by Minority Party Members and Staff--In
the case of proposed travel by minority party Members or
Committee staff, the Ranking Minority Member shall provide to
the Chairman a written representation setting forth the
information specified in items (a), (b), (c), and (d) of
subparagraph (1) and his or her determination that such travel
complies with the other requirements of subparagraph (1).
3. Foreign Travel--All Committee Member and staff requests
for Committee-funded foreign travel must be submitted to the
Chairman, through the Chief Financial Officer of the Committee,
not less than seven business days prior to the start of the
travel. Within 60 days of the conclusion of any such foreign
travel authorized under this rule, there shall be submitted to
the Chairman a written report summarizing the information
gained as a result of the travel in question, or other
Committee objectives served by such travel.
VII. Committee Records
A. Legislative Calendar--The Clerk of the Committee shall
maintain a printed calendar for the information of each
Committee Member showing any procedural or legislative measures
considered or scheduled to be considered by the Committee, and
the status of such measures and such other matters as the
Committee determines shall be included. The calendar shall be
revised from time to time to show pertinent changes. A copy of
such revisions shall be made available to each Member of the
Committee upon request.
B. Members Right To Access--Members of the Committee and of
the House shall have access to all official Committee records.
Access to Committee files shall be limited to examination
within the Committee offices at reasonable times. Access to
Committee records that contain classified information shall be
provided in a manner consistent with section VIII of these
rules.
C. Removal of Records--Files and records of the Committee
are not to be removed from the Committee offices. No Committee
files or records that are not made publicly available shall be
photocopied by any Member.
D. Executive Session Records--Evidence or testimony
received by the Committee in executive session shall not be
released or made available to the public unless agreed to by
the Committee. Members may examine the Committee's executive
session records, but may not make copies of, or take personal
notes from, such records.
E. Public Inspection--The Committee shall keep a complete
record of all Committee action including recorded votes.
Information so available for public inspection shall include a
description of each amendment, motion, order or other
proposition and the name of each Member voting for and each
Member voting against each such amendment, motion, order, or
proposition, as well as the names of those Members present but
not voting. Such record shall be made available to the public
at reasonable times within the Committee offices.
F. Separate and Distinct--All Committee records and files
must be kept separate and distinct from the office records of
the Members serving as Chairman and Ranking Minority Member.
Records and files of Members' personal offices shall not be
considered records or files of the Committee.
G. Disposition of Committee Records--At the conclusion of
the 109th Congress, the records of the Committee shall be
delivered to the Archivist of the United States in accordance
with Rule VII of the Rules of the House.
H. Archived Records--The records of the Committee at the
National Archives and Records Administration shall be made
available for public use in accordance with Rule VII of the
Rules of the House. The Chairman shall notify the Ranking
Minority Member of any decision, pursuant to clause 3(b)(3) or
clause 4(b) of the Rule, to withhold a record otherwise
available, and the matter shall be presented to the Committee
for a determination on the written request of any member of the
Committee. The Chairman shall consult with the Ranking Minority
Member on any communication from the Archivist of the United
States or the Clerk of the House concerning the disposition of
noncurrent records pursuant to clause 3(b) of the Rule.
VIII. Classified and Other Confidential Information
A. Security Precautions--Committee staff offices, including
majority and minority offices, shall operate under strict
security precautions administered by the Security Officer of
the Committee. A security officer shall be on duty at all times
during normal office hours. Sensitive or classified documents
may be examined only in an appropriately secure manner. Removal
from the secure area of the Committee's offices of such
documents and other materials is prohibited except with leave
of the Chairman for use in furtherance of Committee business,
in accordance with applicable security procedures.
B. Temporary Custody of Executive Branch Material--
Executive branch documents or other materials containing
classified information in any form that were not made part of
the record of a Committee hearing, did not originate in the
Committee or the House, and are not otherwise records of the
Committee shall, while in the custody of the Committee, be
segregated and maintained by the Committee in the same manner
as Committee records that are classified. Such documents and
other materials shall be returned to the Executive branch
agency from which they were obtained at the earliest
practicable time.
C. Access by Committee Staff--Access to classified
information supplied to the Committee shall be limited to
Committee staff members with appropriate security clearance and
a need-to-know, as determined by the Committee, and under the
Committee's direction, the Majority and Minority Staff
Directors.
D. Maintaining Confidentiality--No Member of the Committee
or Committee staff shall disclose, in whole or in part or by
way of summary, to any person who is not a Member of the
Committee or an authorized member of Committee staff for any
purpose or in connection with any proceeding, judicial or
otherwise, any testimony given before the Committee in
executive session. Classified information shall be handled in
accordance with all applicable provisions of law and consistent
with the provisions of these rules.
E. Oath--Before a Member or Committee staff member may have
access to classified information, the following oath (or
affirmation) shall be executed:
I do solemnly swear (or affirm) that I will not
disclose any classified information received in the
course of my service on the Committee on Homeland
Security, except as authorized by the Committee or the
House of Representatives or in accordance with the
Rules of such Committee or the Rules of the House.
Copies of the executed oath (or affirmation) shall be retained
by the Clerk as part of the records of the Committee.
F. Disciplinary Action--The Chairman shall immediately
consider disciplinary action in the event any member of the
Committee staff fails to conform to the provisions of these
rules governing the disclosure of classified or unclassified
information. Such disciplinary action may include, but shall
not be limited to, immediate dismissal from the Committee
staff, criminal referral to the Justice Department, and
notification of the Speaker of the House. With respect to
minority party staff, the Chairman shall consider such
disciplinary action in consultation with the Ranking Minority
Member.
IX. Changes to Committee Rules
These rules may be modified, amended, or repealed by the
Committee provided that a notice in writing of the proposed
change has been given to each Member at least 48 hours prior to
the meeting at which action thereon is to be taken.
Appendix II--Membership Changes to the Committee on Homeland Security
and Its Subcommittees
During the 109th Congress, the Membership of the Committee
on Homeland Security changed; this Appendix sets forth those
changes.
When the 109th Congress convened on January 4, 2005, the
House of Representatives established the Committee on Homeland
Security, pursuant to the provisions of H. Res. 5. On January
6, 2005, the Chairman and Ranking Member were appointed by
voice vote pursuant to H. Res. 32 and H. Res. 33, respectively.
On February 9, 2005, the Majority and Minority Members of the
Committee on Homeland Security were appointed after adoption of
H. Res. 73 and H. Res. 74, respectively. Pursuant to the
adoption of these resolutions, the size of the Committee on
Homeland Security was set at 34 Members, 19 Republicans and 15
Democrats.
CHRISTOPHER COX, California,
Chairman
Bennie G. Thompson, Mississippi Don Young, Alaska
Loretta Sanchez, California Lamar S. Smith, Texas
Edward J. Markey, Massachusetts Curt Weldon, Pennsylvania, Vice
Norman D. Dicks, Washington Chairman
Jane Harman, California Christopher Shays, Connecticut
Peter A. DeFazio, Oregon Peter T. King, New York
Nita M. Lowey, New York John Linder, Georgia
Eleanor Holmes Norton, District of Columbia. Souder, Indiana
Zoe Lofgren, California Tom Davis, Virginia
Sheila Jackson-Lee, Texas Daniel E. Lungren, California
Bill Pascrell, Jr., New Jersey Jim Gibbons, Nevada
Donna M. Christensen, U.S. Virgin IslandsSimmons, Connecticut
Bob Etheridge, North Carolina Mike Rogers, Alabama
James R. Langevin, Rhode Island Stevan Pearce, New Mexico
Kendrick B. Meek, Florida Katherine Harris, Florida
Bobby Jindal, Louisiana
David G. Reichert, Washington
Michael McCaul, Texas
Charles W. Dent, Pennsylvania
------
The Subcommittees on Homeland Security were established
after the Committee met, and approved the Rules of the
Committee on February 9, 2005. The Committee appointed Members
to the Subcommittees as follows:
Subcommittee on Prevention of Nuclear and Biological Attack
(8-6)
JOHN LINDER, Georgia, Chairman
James R. Langevin, Rhode Island Don Young, Alaska
Edward J. Markey, Massachusetts Christopher Shays, Connecticut
Norman D. Dicks, Washington Daniel E. Lungren, California
Jane Harman, California Jim Gibbons, Nevada
Eleanor Holmes Norton, District of Columbiammons, Connecticut
Donna M. Christensen, U.S. Virgin Islandsy Jindal, Louisiana
Bennie G. Thompson, Mississippi (Ex Officio) McCaul, Texas
Christopher Cox, California (Ex
Officio)
Subcommittee on Intelligence, Information Sharing, and Terrorism Risk
Assessment
(10-8)
ROB SIMMONS, Connecticut, Chairman
Zoe Lofgren, California Curt Weldon, Pennsylvania
Loretta Sanchez, California Peter T. King, New York
Jane Harman, California Mark E. Souder, Indiana
Nita M. Lowey, New York Daniel E. Lungren, California
Sheila Jackson-Lee, Texas Jim Gibbons, Nevada
Bob Etheridge, North Carolina Stevan Pearce, New Mexico
James R. Langevin, Rhode Island Bobby Jindal, Louisiana
Kendrick B. Meek, Florida David G. Reichert, Washington
Bennie G. Thompson, Mississippi (Ex Officio) W. Dent, Pennsylvania
Christopher Cox, California (Ex
Officio)
Subcommittee on Economic Security, Infrastructure Protection, and
Cybersecurity
(10-8)
DANIEL E. LUNGREN, California,
Chairman
Loretta Sanchez, California Don Young, Alaska
Edward J. Markey, Massachusetts Lamar S. Smith, Texas
Norman D. Dicks, Washington John Linder, Georgia
Peter A. DeFazio, Oregon Mark E. Souder, Indiana
Zoe Lofgren, California Tom Davis, Virginia
Sheila Jackson-Lee, Texas Mike Rogers, Alabama
Bill Pascrell, Jr., New Jersey Stevan Pearce, New Mexico
James R. Langevin, Rhode Island Katherine Harris, Florida
Bennie G. Thompson, Mississippi (Ex Officio)indal, Louisiana
Christopher Cox, California (Ex
Officio)
Subcommittee on Management, Integration and Oversight
(8-6)
MIKE ROGERS, Alabama, Chairman
Kendrick B. Meek, Florida Christopher Shays, Connecticut
Nita M. Lowey, New York John Linder, Georgia
Zoe Lofgren, California Tom Davis, Virginia
Sheila Jackson-Lee, Texas Katherine Harris, Florida
Donna M. Christensen, U.S. Virgin Islandsd G. Reichert, Washington
Bob Etheridge, North Carolina Michael McCaul, Texas
Bennie G. Thompson, Mississippi (Ex Officio) W. Dent, Pennsylvania
Christopher Cox, California (Ex
Officio)
Subcommittee on Emergency Preparedness, Science, and Technology
(10-8)
PETER T. KING, New York, Chairman
Bill Pascrell, Jr., New Jersey Lamar S. Smith, Texas
Loretta Sanchez, California Curt Weldon, Pennsylvania
Norman D. Dicks, Washington Rob Simmons, Connecticut
Jane Harman, California Mike Rogers, Alabama
Nita M. Lowey, New York Stevan Pearce, New Mexico
Eleanor Holmes Norton, District of Columbiaine Harris, Florida
Donna M. Christensen, U.S. Virgin Islandsd G. Reichert, Washington
Bob Etheridge, North Carolina Michael McCaul, Texas
Bennie G. Thompson, Mississippi (Ex Officio) W. Dent, Pennsylvania
Christopher Cox, California (Ex
Officio)
------
On August 2, 2005, Mr. Christopher Cox of California,
Chairman of the Committee, resigned as a Member of the House of
Representatives after the Senate confirmed his nomination to be
a Member of the Securities and Exchange Commission for the term
expiring June 5, 2009, on July 29, 2005.
On September 15, 2005, Mr. Peter T. King of New York was
appointed Chairman of the Committee on Homeland Security, and
Ms. Ginny Brown-Waite of Florida was appointed to the Committee
to rank after Mr. Dent pursuant to H. Res. 445. The size of the
Committee was retained.
PETER T. KING, New York, Chairman
Bennie G. Thompson, Mississippi Don Young, Alaska
Loretta Sanchez, California Lamar S. Smith, Texas
Edward J. Markey, Massachusetts Curt Weldon, Pennsylvania, Vice
Norman D. Dicks, Washington Chairman
Jane Harman, California Christopher Shays, Connecticut
Peter A. DeFazio, Oregon John Linder, Georgia
Nita M. Lowey, New York Mark E. Souder, Indiana
Eleanor Holmes Norton, District of Columbiavis, Virginia
Zoe Lofgren, California Daniel E. Lungren, California
Sheila Jackson-Lee, Texas Jim Gibbons, Nevada
Bill Pascrell, Jr., New Jersey Rob Simmons, Connecticut
Donna M. Christensen, U.S. Virgin Islands Rogers, Alabama
Bob Etheridge, North Carolina Stevan Pearce, New Mexico
James R. Langevin, Rhode Island Katherine Harris, Florida
Kendrick B. Meek, Florida Bobby Jindal, Louisiana
David G. Reichert, Washington
Michael McCaul, Texas
Charles W. Dent, Pennsylvania
Ginny Brown-Waite, Florida
------
Following the appointment of Mr. Peter T. King as Chairman
of the Committee on Homeland Security, the Committee met on
October 7, 2005, and established a Subcommittee on
Investigations, and appointed Members to the Subcommittees as
follows:
Subcommittee on Prevention of Nuclear and Biological Attack
(8-6)
JOHN LINDER, Georgia, Chairman
James R. Langevin, Rhode Island Don Young, Alaska
Edward J. Markey, Massachusetts Christopher Shays, Connecticut
Norman D. Dicks, Washington Daniel E. Lungren, California
Jane Harman, California Jim Gibbons, Nevada
Eleanor Holmes Norton, District of Columbiammons, Connecticut
Donna M. Christensen, U.S. Virgin Islandsy Jindal, Louisiana
Bennie G. Thompson, Mississippi (Ex Officio) W. Dent, Pennsylvania
Peter T. King, New York (Ex
Officio)
Subcommittee on Economic Security, Infrastructure Protection, and
Cybersecurity
(9-7)
DANIEL E. LUNGREN, California,
Chairman
Loretta Sanchez, California Don Young, Alaska
Edward J. Markey, Massachusetts Lamar S. Smith, Texas
Norman D. Dicks, Washington John Linder, Georgia
Peter A. DeFazio, Oregon Mark E. Souder, Indiana
Zoe Lofgren, California Mike Rogers, Alabama
Sheila Jackson-Lee, Texas Stevan Pearce, New Mexico
James R. Langevin, Rhode Island Katherine Harris, Florida
Bennie G. Thompson, Mississippi (Ex Officio)indal, Louisiana
Peter T. King, New York (Ex
Officio)
Subcommittee on Intelligence, Information Sharing, and Terrorism Risk
Assessment
(9-7)
ROB SIMMONS, Connecticut, Chairman
Zoe Lofgren, California Curt Weldon, Pennsylvania
Loretta Sanchez, California Mark E. Souder, Indiana
Jane Harman, California Daniel E. Lungren, California
Nita M. Lowey, New York Jim Gibbons, Nevada
Sheila Jackson-Lee, Texas Stevan Pearce, New Mexico
James R. Langevin, Rhode Island Bobby Jindal, Louisiana
Kendrick B. Meek, Florida Charles W. Dent, Pennsylvania
Bennie G. Thompson, Mississippi (Ex Officio)rown-Waite, Florida
Peter T. King, New York (Ex
Officio)
Subcommittee on Management, Integration and Oversight
(7-5)
MIKE ROGERS, Alabama, Chairman
Kendrick B. Meek, Florida John Linder, Georgia
Edward J. Markey, Massachusetts Mark E. Souder, Indiana
Zoe Lofgren, California Tom Davis, Virginia
Sheila Jackson-Lee, Texas Katherine Harris, Florida
Bill Pascrell, Jr., New Jersey David G. Reichert, Washington
Bennie G. Thompson, Mississippi (Ex Officio) T. McCaul, Texas
Peter T. King, New York (Ex
Officio)
Subcommittee on Emergency Preparedness, Science, and Technology
(10-8)
DAVID G. REICHERT, Washington,
Chairman
Bill Pascrell, Jr., New Jersey Lamar S. Smith, Texas
Loretta Sanchez, California Curt Weldon, Pennsylvania
Norman D. Dicks, Washington Rob Simmons, Connecticut
Jane Harman, California Mike Rogers, Alabama
Nita M. Lowey, New York Stevan Pearce, New Mexico
Eleanor Holmes Norton, District of Columbiaine Harris, Florida
Donna M. Christensen, U.S. Virgin Islandsael T. McCaul, Texas
Bob Etheridge, North Carolina Charles W. Dent, Pennsylvania
Bennie G. Thompson, Mississippi (Ex Officio)rown-Waite, Florida
Peter T. King, New York (Ex
Officio)
Subcommittee on Investigations
(5-3)
MICHAEL T. MCCAUL, Texas, Chairman
Bob Etheridge, North Carolina Christopher Shays, Connecticut
Bill Pascrell, Jr., New Jersey Daniel E. Lungren, California
Donna M. Christensen, U.S. Virgin Islandsd G. Reichert, Washington
Bennie G. Thompson, Mississippi (Ex Officio)rown-Waite, Florida
Peter T. King, New York (Ex
Officio)
Appendix III--List of Public Laws
----------------------------------------------------------------------------------------------------------------
Public Law Date Approved Bill Title
----------------------------------------------------------------------------------------------------------------
109-13............................. May 11, 2005.......... H.R. 1268, (H.R. 418). ``Emergency Supplemental
Appropriations Act for
Defense, the Global War on
Terror, and Tsunami
Relief, 2005.''
Making Emergency
Supplemental
Appropriations for
Defense, the Global War on
Terror, and Tsunami
Relief, for the fiscal
year ending September 30,
2005, and for other
purposes.
109-59............................. August 10, 2005....... H.R. 3................ ``Safe, Accountable,
Flexible, Efficient
Transportation Equity Act:
A Legacy for Users'' or
``SAFETEA-LU''
To authorize funds for
Federal-aid highways,
highway safety programs,
and transit programs, and
for other purposes.
109-90............................. October 18, 2005...... H.R. 2360............. ``Department of Homeland
Security Appropriations
Act, 2006.''
Making appropriations for
the Department of Homeland
Security for the fiscal
year ending September 30,
2006, and for other
purposes.
109-177............................ March 9, 2006......... H.R. 3199............. ``USA PATRIOT Improvement
and Reauthorization Act of
2005.''
To extend and modify
authorities needed to
combat terrorism, and for
other purposes.
109-241............................ July 11, 2006......... H.R. 889.............. ``Coast Guard and Maritime
Transportation Act of
2006.''
To authorize appropriations
for the Coast Guard for
fiscal year 2006, to make
technical corrections to
various laws administered
by the Coast Guard, and
for other purposes.
109-347............................ October 13, 2006...... H.R. 4954............. ``Security and
Accountability For Every
Port Act or the SAFE Port
Act.''
To improve maritime and
cargo security through
enhanced layered defenses,
and for other purposes.
109-367............................ October 26, 2006...... H.R. 6061............. ``Secure Fence Act of
2006.''
To establish operational
control over the
international land and
maritime borders of the
United States.
----------------------------------------------------------------------------------------------------------------
Appendix IV--Legislative Status
PUBLIC LAWS
H.R. 3 (H. Res. 140) (H. Res. 144) (H. Res. 399) (H. Con.
Res. 226) (S. 732).--Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users. To authorize
funds for Federal-aid highways, highway safety programs, and
transit programs, and for other purposes. Referred to
Transportation and Infrastructure Feb. 9, 2005. Reported
amended Mar. 7, 2005; (H. Rpt. 109-12). Supplemental report
filed Mar. 8, 2005; Pt. II. Considered in the House Mar. 9,
2005. Passed House, amended, Mar. 10, 2005 (417-9). Received in
Senate Mar. 20, 2005. Considered in Senate Apr. 26, 27, 28, May
9, 10, 11, 12, 13, 16, 2005. Passed Senate with amendment May
17, 2005. Conference Report filed in the House July 28, 2005;
(H. Rpt. 109-203). House agreed to Conference Report July 29,
2005 (412-8). Senate agreed to conference report July 29, 2005
(91-4). Presented to the President Aug. 10, 2005. Approved Aug.
10, 2005. Public Law 109-59.
H.R. 3199 (H. Res. 369) (H. Res. 595) (S. 1266) (S.
1389).--USA PATRIOT Improvement and Reauthorization Act of
2005. To extend and modify authorities needed to combat
terrorism, and for other purposes. Referred to the Judiciary
and in addition to Intelligence July 11, 2005. Reported amended
from the Judiciary July 18, 2005; (H. Rpt. 109-174, Pt. I.)
Reported amended from Intelligence July 18, 2005; (H. Rpt. 109-
174, Pt. II.) Union Calendar. Passed House amended July 21,
2005 (257-171). Received in Senate July 25, 2005. Passed Senate
with amendment July 29, 2005. Conference Report filed in the
House Dec. 8, 2005; (H. Rpt. 109-333). House agreed to
conference report Dec. 14, 2005 (251-174). Conference Report
considered in Senate Dec. 14, 15, 16, 2005, Mar. 1, 2006.
Senate agreed to Conference Report Mar. 2, 2006 (89-10).
Presented to the President Mar. 8, 2006. Approved Mar. 9, 2006.
Public Law 109-177.
H.R. 889 (H. Res. 440) (S. 1280) (S. Con. Res. 103).--Coast
Guard and Maritime Transportation Act of 2006. To authorize
appropriations for the Coast Guard for fiscal year 2006, to
make technical corrections to various laws administered by the
Coast Guard, and for other purposes. Referred to Transportation
and Infrastructure Feb. 17, 2005. Reported amended July 28,
2005; H. Rpt. 109-204, Pt. I. Referred to Homeland Security
July 28, 2005 for a period ending not later than July 29, 2005.
Homeland Security discharged July 29, 2005. Union Calendar.
Passed House amended Sept. 15, 2005; Roll No. 474: 415-0.
Received in Senate and referred to Commerce, Science and
Transportation Sept. 19, 2005. Committee discharged. Passed
Senate with amendment Oct. 27, 2005. Senate insisted on its
amendment and asked for a conference Oct. 27, 2005. House
disagreed to Senate amendment and agreed to a conference Nov.
3, 2005. Conference report filed in the House Apr. 6, 2006; H.
Rpt. 109-413. House considered conference report under
suspension of the rules June 26, 2006. House agreed to
conference report under suspension of the rules June 27, 2006;
Roll No. 320: 413-0. Senate agreed to conference report June
27, 2006. Senate vitiated action on the conference report June
27, 2006. Senate agreed to conference report June 28, 2006.
Presented to the President June 30, 2006. Approved July 12,
2006. Public Law 109-241.
H.R. 5441 (H. Res. 836) (H. Res. 1054).--Department of
Homeland Security Appropriations Act, 2007. Making
appropriations for the Department of Homeland Security for the
fiscal year ending September 30, 2007, and for other purposes.
Reported from Appropriations May 22, 2006; H. Rpt. 109-476.
Union Calendar. Considered May 25, 2006. Passed House amended
June 6, 2006; Roll No. 226: 389-9. Received in Senate and
referred to Appropriations June 7, 2006. Reported with
amendment June 29, 2006; H. Rpt. 109-273. Considered July 10,
11, 12, 2006. Passed Senate with amendment July 13, 2006; Roll
No. 203: 100-0. Senate insisted on its amendment and asked for
a conference July 13, 2006. House disagreed to Senate amendment
and agreed to a conference Sept. 21, 2006. Conference report
filed in the House Sept. 28, 2006; H. Rpt. 109-699. House
agreed to conference report Sept. 29, 2006; Roll No. 509: 412-
6. Senate agreed to conference report Sept. 29, 2006. Presented
to the President Oct. 3, 2006. Approved Oct. 4, 2006. Public
Law 109-295.
H.R. 4954 (H. Res. 789) (H. Res. 1064) (S. 2008) (S.
2459).--SAFE Port Act. To improve maritime and cargo security
through enhanced layered defenses, and for other purposes.
Referred to Homeland Security Mar. 14, 2006. Reported amended
Apr. 28, 2006; H. Rpt. 109-447, Pt. I. Referred to
Transportation and Infrastructure Apr. 28, 2006 for a period
ending not later than May 1, 2006. Transportation and
Infrastructure discharged May 1, 2006. Union Calendar. Passed
House amended May 4, 2006; Roll No. 127: 421-2. Received in
Senate May 8, 2006. Ordered placed on the calendar May 16,
2006. Considered Sept. 7 (Legislative day of Sept. 6), 8, 11,
12, 13, 2006. Passed Senate with amendment Sept. 14, 2006; Roll
No. 249: 98-0. Senate insisted on its amendment and asked for a
conference Sept. 19, 2006. House disagreed to Senate amendment
and agreed to a conference Sept. 28, 2006. Conference report
filed in the House Sept. 29, 2006; Rept. 109-711. House agreed
to conference report Sept. 30 (Legislative day of Sept. 29),
2006; Roll No. 516: 409-2. Senate agreed to conference report
Sept. 30 (Legislative day of Sept. 29), 2006. Presented to the
President Oct. 3, 2006. Approved Oct. 13, 2006. Public Law 109-
347.
H.R. 5441 (H. Res. 836) (H. Res. 1054).--Department of
Homeland Security Appropriations Act, 2007. Making
appropriations for the Department of Homeland Security for the
fiscal year ending September 30, 2007, and for other purposes.
Reported from Appropriations May 22, 2006; H. Rpt. 109-476.
Union Calendar. Considered May 25, 2006. Passed House amended
June 6, 2006; Roll No. 226: 389-9. Received in Senate and
referred to Appropriations June 7, 2006. Reported with
amendment June 29, 2006; H. Rpt. 109-273. Considered July 10,
11, 12, 2006. Passed Senate with amendment July 13, 2006; Roll
No. 203: 100-0. Senate insisted on its amendment and asked for
a conference July 13, 2006. House disagreed to Senate amendment
and agreed to a conference Sept. 21, 2006. Conference report
filed in the House Sept. 28, 2006; H. Rpt. 109-699. House
agreed to conference report Sept. 29, 2006; Roll No. 509: 412-
6. Senate agreed to conference report Sept. 29, 2006. Presented
to the President Oct. 3, 2006. Approved Oct. 4, 2006. Public
Law 109-295.
H.R. 6061 (H. Res. 1002).--Secure Fence Act of 2006. To
establish operational control over the international land and
maritime borders of the United States. Referred to Homeland
Security Sept. 13, 2006. Passed House amended Sept. 14, 2006;
Roll No. 446: 283-138. Received in Senate Sept. 14, 2006.
Ordered placed on the calendar Sept. 15, 2006. Considered Sept.
21, 25, 26, 28, 2006. Passed Senate Sept. 29, 2006; Roll No.
262: 80-19. Presented to the President Oct. 23, 2006. Approved
Oct. 26, 2006. Public Law 109-367.
LEGISLATION PASSED THE SENATE
H. Con. Res. 196.--Honoring the pilots of United States
commercial air carriers who volunteer to participate in the
Federal flight deck officer program. Referred to Homeland
Security June 30, 2005. Rules suspended. Passed House Dec. 7,
2005; Roll No. 614: 413-2. Received in Senate and referred to
Commerce, Science and Transportation Dec. 12, 2005. Committee
discharged. Passed Senate Dec. 22 (Legislative day of Dec. 21),
2005.
LEGISLATION IN SENATE
H.R. 418 (H. Res. 71) (H. Res. 75) (H. Res. 151) (H.R.
1268).--REAL ID Act of 2005. To establish and rapidly implement
regulations for State driver's license and identification
document security standards, to prevent terrorists from abusing
the asylum laws of the United States, to unify terrorism-
related grounds for inadmissibility and removal, and to ensure
expeditious construction of the San Diego border fence.
Referred to the Judiciary and in addition to Homeland Security,
and Government Reform Jan. 26, 2005. Considered Feb. 9, 2005.
Passed House amended Feb. 10, 2005; Roll No. 31: 261-161.
Received in Senate Feb. 14, 2005. Referred to the Judiciary
Feb. 17, 2005.
H.R. 1544 (H. Res. 269).--Faster and Smarter Funding for
First Responders Act of 2005. To provide faster and smarter
funding for first responders, and for other purposes. Referred
to Homeland Security Apr. 12, 2005. Reported amended Apr. 28,
2005; H. Rpt. 109-65. Union Calendar. Passed House amended May
12, 2005; Roll No. 170: 409-10. Received in Senate and referred
to Homeland Security and Governmental Affairs May 12, 2005.
H.R. 1817 (H. Res. 283).--Department of Homeland Security
Authorization Act for Fiscal Year 2006. To authorize
appropriations for fiscal year 2006 for the Department of
Homeland Security, and for other purposes. Referred to Homeland
Security Apr. 26, 2005. Reported amended from Homeland Security
May 3, 2005; H. Rpt. 109-71, Pt. I. Referred to Energy and
Commerce, Government Reform, the Judiciary, Science,
Transportation and Infrastructure, Ways and Means, and
Intelligence May 3, 2005 for a period ending not later than May
13, 2005. Reported amended from Energy and Commerce May 13,
2005; Pt. II. Reported amended from the Judiciary May 13, 2005;
Pt. III. Government Reform, Science, Transportation and
Infrastructure, Ways and Means, and Intelligence discharged May
13, 2005. Union Calendar. Passed House amended May 18, 2005;
Roll No. 189: 424-4. Received in Senate and referred to
Homeland Security and Governmental Affairs May 19, 2005.
H.R. 4437 (H. Res. 610) (H. Res. 621) (S. 2454) (S.
2611).--Border Protection, Antiterrorism, and Illegal
Immigration Control Act of 2005. To amend the Immigration and
Nationality Act to strengthen enforcement of the immigration
laws, to enhance border security, and for other purposes.
Referred to the Judiciary and in addition to Homeland Security
Dec. 6, 2005. Reported amended from the Judiciary Dec. 13,
2005; H. Rpt. 109-345, Pt. I. Homeland Security discharged.
Dec. 13, 2005. Referred to Education and the Workforce and Ways
and Means Dec. 13, 2005 for a period ending not later than Dec.
14, 2005. Education and the Workforce and Ways and Means
discharged Dec. 14, 2005. Union Calendar. Considered Dec. 15,
2005. Passed House amended Dec. 16, 2005; Roll No. 661: 239-
182. Received in Senate Dec. 17, 2005. Referred to the
Judiciary Jan. 27, 2006.
H.R. 4942.--Promoting Antiterrorism Capabilities Through
International Cooperation Act. To establish a capability and
office to promote cooperation between entities of the United
States and its allies in the global war on terrorism for the
purpose of engaging in cooperative endeavors focused on the
research, development, and commercialization of high-priority
technologies intended to detect, prevent, respond to, recover
from, and mitigate against acts of terrorism and other high
consequence events and to address the homeland security needs
of Federal, State, and local governments. Referred to Homeland
Security Mar. 14, 2006. Reported amended Sept. 25, 2006; H.
Rpt. 109-674. Union Calendar. Rules suspended. Passed House
amended Sept. 26, 2006. Received in Senate Sept. 27, 2006.
Referred to Homeland Security and Governmental Affairs Nov. 13,
2006.
H.R. 5589.--To direct the Secretary of Homeland Security to
transfer to United States Immigration and Customs Enforcement
all functions of the Customs Patrol Officers unit operating on
the Tohono O'odham Indian reservation. Referred to Homeland
Security June 12, 2006. Rules suspended. Passed House July 10,
2006. Received in Senate and referred to Homeland Security and
Governmental Affairs July 11, 2006.
H.R. 5852.--21st Century Emergency Communications Act of
2006. To amend the Homeland Security Act of 2002 to enhance
emergency communications at the Department of Homeland
Security, and for other purposes. Referred to Energy and
Commerce and in addition to Homeland Security July 20, 2006.
Rules suspended. Passed House July 25, 2006; Roll No. 397: 414-
2. Received in Senate and referred to Homeland Security and
Governmental Affairs July 26, 2006.
H.R. 6160.--More Border Patrol Agents Now Act of 2006. To
recruit and retain Border Patrol agents. Referred to Homeland
Security and in addition to Government Reform Sept. 25, 2006.
Rules suspended. Passed House Sept. 26, 2006. Received in
Senate Sept. 27, 2006. Referred to Homeland Security and
Governmental Affairs Nov. 13, 2006.
H.R. 6162.--Secure Border Initiative Financial
Accountability Act of 2006. To require financial accountability
with respect to certain contract actions related to the Secure
Border Initiative of the Department of Homeland Security.
Referred to Homeland Security Sept. 25, 2006. Rules suspended.
Passed House Sept. 28, 2006. Received in Senate Sept. 28, 2006.
Referred to Homeland Security and Governmental Affairs Nov. 13,
2006.
LEGISLATION PENDING IN THE HOUSE
H.R. 4312.--Border Security and Terrorism Prevention Act of
2005. To establish operational control over the international
land and maritime borders of the United States, and for other
purposes. Referred to Homeland Security and in addition to the
Judiciary, and Armed Services Nov. 14, 2005. Reported amended
from Homeland Security Dec. 6, 2005; H. Rpt. 109-329, Pt. I.
The Judiciary and Armed Services discharged Dec. 6, 2005.
H.R. 4941.--Homeland Security Science and Technology
Enhancement Act of 2006. To reform the science and technology
programs and activities of the Department of Homeland Security,
and for other purposes. Referred to the Committee on Homeland
Security Mar. 14, 2006. Reported amended from Homeland Security
June 14, 2006. H. Rpt. 109-729, Part I. Energy and Commerce
discharged Dec. 8, 2006.
H. Res. 427.--Relating to the terrorist attacks against the
United States on September 11, 2001. Referred to International
Relations and in addition to Armed Services, Transportation and
Infrastructure, the Judiciary, and Homeland Security Sept. 7,
2005. Rules suspended. Passed House Sept. 8, 2005; Roll No.
464: 402-6.
H. Res. 463.--Of inquiry directing the Secretary of
Homeland Security to provide certain information to the House
of Representatives relating to the reapportionment of airport
screeners. Referred to Homeland Security Sept. 27, 2005.
Reported adversely Oct. 28, 2005; Rept. 109-259.
H. Res. 809.--Directing the Secretary of the Department of
Homeland Security to transmit to the House of Representatives
not later than 14 days after the date of the adoption of this
resolution documents in the Secretary's possession relating to
any existing or previous agreement between the Department of
Homeland Security and Shirlington Limousine and Transportation,
Incorporated, of Arlington, Virginia. Referred to Homeland
Security May 9, 2006. Reported adversely May 25, 2006; Rept.
109-484.
H. Res. 994 (H. Res. 996).--Expressing the sense of the
House of Representatives on the fifth anniversary of the
terrorist attacks launched against the United States on
September 11, 2001. Referred to Government Reform and in
addition to International Relations, Armed Services,
Transportation and Infrastructure, Homeland Security, the
Judiciary, and Intelligence Sept. 12, 2006. Passed House Sept.
13, 2006; Roll No. 440: 395-22.
LEGISLATION REPORTED TO THE HOUSE
H.R. 5351.--National Emergency Management Reform and
Enhancement Act of 2006. To amend the Homeland Security Act of
2002 to establish a Directorate of Emergency Management, to
codify certain existing functions of the Department of Homeland
Security, and for other purposes. Referred to Transportation
and Infrastructure and in addition to Homeland Security, and
Energy and Commerce May 11, 2006. Reported amended from
Homeland Security Nov. 9, 2006; H. Rpt. 109-712, Pt. I.
H.R. 5695 (S. 2145).--Chemical Facility Anti-terrorism Act
of 2006. To amend the Homeland Security Act of 2002 to provide
for the regulation of certain chemical facilities, and for
other purposes. Referred to Homeland Security and in addition
to Energy and Commerce June 28, 2006. Reported amended from
Homeland Security Sept. 29, 2006; H. Rpt. 109-707, Pt. I.
Referral to Energy and Commerce extended Sept. 29, 2006 for a
period ending not later than Nov. 17, 2006.
H.R. 5814.--Department of Homeland Security Authorization
Act for Fiscal Year 2007. To authorize appropriations for the
Department of Homeland Security, and for other purposes.
Referred to Homeland Security July 17, 2006. Reported amended
from Homeland Security Nov. 9, 2006; H. Rpt. 109-713, Pt. I.
Referred to Ways and Means and Energy and Commerce Nov. 9, 2006
for a period ending not later than Nov. 17, 2006.
LEGISLATION PENDING AT FULL COMMITTEE
H.R. 1317 (S. 494).--Federal Employee Protection of
Disclosures Act. To amend title 5, United States Code, to
clarify which disclosures of information are protected from
prohibited personnel practices; to require a statement in
nondisclosure policies, forms, and agreements to the effect
that such policies, forms, and agreements are consistent with
certain disclosure protections; and for other purposes.
Referred to Government Reform Mar. 15, 2005. Reported amended
from Government Reform June 29, 2006; H. Rpt. 109-544, Pt. I.
Referred to Armed Services June 29, 2006 for a period ending
not later than Sept. 11, 2006. Referred to Homeland Security
June 29, 2006 for a period ending not later than Sept. 11,
2006. Referral to Armed Services and Homeland Security extended
Sept. 11, 2006 for a period ending not later than Sept. 29,
2006. Referral to Armed Services and Homeland Security extended
Sept. 29, 2006 for a period ending not later than Nov. 17,
2006.
H.R. 4439.--Transportation Security Administration
Reorganization Act of 2005. To establish an Airport Screening
Organization in the Transportation Security Administration, and
for other purposes. Referred to Homeland Security December 6,
2005. Forwarded by Subcommittee on Economic Security,
Infrastructure Protection, and Cybersecurity to Full Committee
(Amended) by Voice Vote. Mar. 16, 2006.
H.R. 4880.--Maritime Terminal Security Enhancement Act of
2006. To direct the Commandant of the Coast Guard to require
that a security plan for a maritime facility be resubmitted for
approval upon transfer of ownership or operation of such
facility, and for other purposes. Referred to Transportation
and Infrastructure and in addition to Homeland Security Mar. 6,
2006. Reported amended from Transportation and Infrastructure
Sept. 29, 2006; H. Rpt. 109-709, Pt. I. Referral to Homeland
Security extended Sept. 29, 2006 for a period ending not later
than Nov. 17, 2006.
H.R. 5001.--Homeland Security Information Security
Enhancement Act of 2006. To amend the Homeland Security Act of
2002 to enhance homeland security information sharing, and for
other purposes. Referred to Homeland Security Mar. 16, 2006.
H.R. 5002.--Homeland Security Information Sharing
Partnerships Act of 2006. To amend the Homeland Security Act of
2002 to provide for information sharing partnerships, and for
other purposes. Referred to Homeland Security Mar. 16, 2006.
H.R. 5003.--Homeland Security Open Source Intelligence
Enhancement Act of 2006. To amend the Homeland Security Act of
2002 to provide for the full and efficient use of open-source
intelligence. Referred to Homeland Security Mar. 16, 2006.
H.R. 5004.--To amend the Homeland Security Act of 2002 to
provide for an Office of Intelligence and Analysis and an
Office of Infrastructure Protection, and for other purposes.
Referred to Homeland Security, and in addition to Intelligence
(Permanent Select) Mar. 16, 2006.
H.R. 5029.--Prevention of Nuclear Terrorism Act of 2006. To
establish in the Department of Homeland Security a Domestic
Nuclear Detection Office to improve the ability of the United
States to detect and prevent acts of nuclear and radiological
terrorism and to enhance coordination of such efforts across
Federal agencies, and for other purposes. Referred to Homeland
Security Mar. 28, 2006.
H.R. 5316.--RESPOND Act of 2006. To reestablish the Federal
Emergency Management Agency as a cabinet-level independent
establishment in the executive branch that is responsible for
the Nation's preparedness for, response to, recovery from, and
mitigation against disasters, and for other purposes. Referred
to Transportation and Infrastructure and in addition to
Homeland Security, and Government Reform May 9, 2006. Reported
amended from Government Reform June 22, 2006; H. Rpt. 109-519,
Pt. I.
H.R. 5604.--SAFE Truckers Act of 2006. To require motor
vehicle operators transporting security sensitive material in
commerce to obtain a permit from the Secretary of Homeland
Security, and for other purposes. Referred to Homeland Security
June 14, 2006. Subcommittee on Economic Security,
Infrastructure Protection, and Cybersecurity Markup held Jun.
22, 2006.
Appendix V--Committee Legislative Reports
------------------------------------------------------------------------
------------------------------------------------------------------------
109-65........................ H.R. 1544........ To provide faster and
smarter funding for
first responders,
and for other
purposes. Faster and
Smarter Funding for
First Responders Act
of 2005. Filed April
28, 2005.
109-71, Pt. 1................. H.R. 1817........ To authorize
appropriations for
fiscal year 2006 for
the Department of
Homeland Security,
and for other
purposes. Department
of Homeland Security
Authorization Act
for Fiscal Year
2006. Filed May 3,
2005.
109-259....................... H. Res. 463...... Of inquiry directing
the Secretary of
Homeland Security to
provide certain
information to the
House of
Representatives
relating to the
reapportionment of
airport screeners.
Filed October 28,
2005.
109-329, Pt. 1................ H.R. 4312........ To establish
operational control
over the
international land
and maritime borders
of the United
States, and for
other purposes.
Border Security and
Terrorism Prevention
Act of 2005. Filed
December 6, 2005.
109-447, Pt. 1................ H.R. 4954........ To improve maritime
and cargo security
through enhanced
layered defenses,
and for other
purposes. Security
and Accountability
For Every Port Act
or the SAFE Port
Act. Filed April 28,
2006.
109-484....................... H. Res. 809...... Directing the
Secretary of the
Department of
Homeland Security to
transmit to the
House of
Representatives not
later than 14 days
after the date of
the adoption of this
resolution documents
in the Secretary's
possession relating
to any existing or
previous agreement
between the
Department of
Homeland Security
and Shirlington
Limousine and
Transportation,
Incorporated, of
Arlington, Virginia.
Filed May 25, 2006.
109-674....................... H.R. 4942........ To establish a
capability and
office to promote
cooperation between
entities of the
United States and
its allies in the
global war on
terrorism for the
purpose of engaging
in cooperative
endeavors focused on
the research,
development, and
commercialization of
high-priority
technologies
intended to detect,
prevent, respond to,
recover from, and
mitigate against
acts of terrorism
and other high
consequence events
and to address the
homeland security
needs of Federal,
State, and local
governments.
Promoting
Antiterrorism
Capabilities Through
International
Cooperation Act.
Filed March 14,
2006.
109-701, Pt. 1................ H.R. 5695........ To amend the Homeland
Security Act of 2002
to provide for the
regulation of
certain chemical
facilities, and for
other purposes.
Chemical Facility
Anti-Terrorism Act
of 2006. Filed
September 29, 2006.
109-711....................... H.R. 4954 Conference Report to
Conference accompany H.R. 4954,
Report. Security and
Accountability For
Every Port Act or
the SAFE Port Act.
Filed September 29,
2006.
109-712, Pt. 1................ H.R. 5351........ To amend the Homeland
Security Act of 2002
to establish a
Directorate of
Emergency
Management, to
codify certain
existing functions
of the Department of
Homeland Security,
and for other
purposes. National
Emergency Management
Reform and
Enhancement Act of
2006. November 11,
2006.
109-713, Pt. 1................ H.R. 5814........ To authorize
appropriations for
the Department of
Homeland Security,
and for other
purposes. Department
of Homeland Security
Authorization Act
for Fiscal Year
2007. November 9,
2006.
109-729, Pt. 1................ H.R. 4941........ To reform the science
and technology
programs and
activities of the
Department of
Homeland Security,
and for other
purposes. Homeland
Security Science and
Technology
Enhancement Act of
2006. December 8,
2006.
------------------------------------------------------------------------
Appendix VI--Executive Communications, Memorials, Petitions and
Presidential Messages
EXECUTIVE COMMUNICATIONS
1727
April 25, 2005--A letter from the Chief, Regulations
Branch, Customs and Border Protection, Department of Homeland
Security, transmitting the Department's ``Major'' final rule--
Electronic Transmission of Passenger and Crew Manifests for
Vessels and Aircraft [CBP Decision 05-15] (RIN: 1651-AA37)
received March 30, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Homeland Security.
3031
July 21, 2005--A letter from the Acting Assistant Secretary
for Legislative Affairs, Department of State, transmitting a
copy of the report required by Section 7202(d) of the
Intelligence Reform and Terrorism Prevention Act of 2004,
regarding the establishment of the interagency Human Smuggling
and Trafficking Center (HSTC); jointly to the Committee on
International Relations, the Committee on the Judiciary, the
Committee on Homeland Security, and the Permanent Select
Committee on Intelligence.
3583
July 29, 2005--A letter from the Secretary, Department of
Homeland Security, transmitting notification of the
establishment of the Domestic Nuclear Detection Office (DNDO)
within the Department of Homeland Security (DHS) and the
reallocation of certain functions among Department officers; to
the Committee on Homeland Security.
3584
July 29, 2005--A letter from the Secretary, Department of
Homeland Security, transmitting notification of the
reallocation of functions and the establishment, consolidation
and alternation of organizational units within the Department
of Homeland Security; to the Committee on Homeland Security.
3585
July 29, 2005--A letter from the Assistant Secretary of
Legislative Affairs, Department of Homeland Security,
transmitting a report to Congress on Fiscal Year 2006 funding
for the Department of Homeland Security Counternarcotics
Activities; to the Committee on Homeland Security.
3586
July 29, 2005--A letter from the Assistant Secretary for
Legislative Affairs, Department of Homeland Security,
transmitting a report to Congress on the Department of Homeland
Security Counternarcotics Activities for Fiscal Year 2004; to
the Committee on Homeland Security.
3587
July 29, 2005--A letter from the Assistant Secretary for
Legislative Affairs, Department of Homeland Security,
transmitting the first annual report of Department of Homeland
Security's Privacy Office which covers the activities of the
office from its inception through June 2004; to the Committee
on Homeland Security.
3588
July 29, 2005--A letter from the Vice President and
Director, Homeland Security Institute, transmitting the first
annual report on the activities of the Homeland Security
Institute (HSI), pursuant to 6 U.S.C. 192 Public Law 107-296
section 312(f); to the Committee on Homeland Security.
3590
July 29, 2005--A letter from the Assistant Secretary for
Legislative Affairs, Department of Homeland Security,
transmitting a report to Congress regarding the use of non
Coast Guard personnel, pursuant to 33 U.S.C. 1226 note Public
Law 107-295, section 107(b); jointly to the Committee on
Transportation and Infrastructure and the Committee on Homeland
Security.
4867
October 28, 2005--A letter from the Assistant Counsel for
Regulations, Transportation Security Administration, Department
of Homeland Security, transmitting the Department's final
rule--Ronald Reagan Washington National Airport: Enhanced
Security Procedures for Certain Operations [Docket No. TSA-
2005-21866; Amendment Nos. 1520-3, 1540-6, 1562-1] (RIN: 1652-
AA49) received August 3, 2005, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Homeland Security.
5320
November 18, 2005--Letter from the Assistant Secretary for
Legislative Affairs, Department of Homeland Security,
transmitting the Department's report regarding its efforts in
the area of transportation security for the calendar year 2004,
pursuant to 49 U.S.C. 44938(a) and (b); to the Committee on
Homeland Security.
5906
December 18, 2005--Letter from the Portfolio Manager,
Critical Infrastructure Protection, Department of Homeland
Security, transmitting a copy of the National Critical
Infrastructure Protection Research and Development Plan; to the
Committee on Homeland Security.
6817
March 30, 2006--Letter from the Assistant Secretary,
Transportation Security Administration, Department of Homeland
Security, transmitting the Administration's certification that
the level of screening services and protection provided at the
Jackson Hole Airport will be equal to or greater than the level
that would be provided at the airport; to the Committee on
Homeland Security.
6818
March 30, 2006--Letter from the Assistant Secretary,
Transportation Security Administration, Department of Homeland
Security, transmitting the Administration's certification that
the level of screening services and protection provided at
Sioux Falls Regional Airport will be equal to or greater than
the level that would be provided at the aiport by TSA
Transportation Security Officers, pursuant to 49 U.S.C.
44920(d); to the Committee on Homeland Security.
6882
April 4, 2006--Letter from the Assistant Secretary for
Legislative Affairs, Department of Homeland Security,
transmitting the Department's report to Congress on Critical
Infrastructure Risk Assessment and Readiness, pursuant to
Public Law 108-458, Section 7306; to the Committee on Homeland
Security.
7028
April 26, 2006--Letter from the Acting General Counsel,
Department of Defense, transmitting the Department's requested
legislative proposals as part of the National Defense
Authorization Bill for Fiscal Year 2007; to the Committee on
Homeland Security.
7088
April 27, 2006--Letter from the Assistant Secretary for
Legislative and Intergovernmental Affairs, Department of
Homeland Security, transmitting notification that the
Department has created the Critical Infrastructure Partnership
Advisory Council (CIPAC); to the Committee on Homeland
Security.
7090
April 27, 2006--Letter from the Assistant Secretary for
Legislative Affairs, Department of Homeland Security,
transmitting the Department's report on the threat from act of
terrorism to U.S. ports and vessels operating from those ports,
pursuant to 46 U.S.C. app. 1802; to the Committee on Homeland
Security.
7091
April 27, 2006--Letter from the Secretary, Department of
Homeland Security, transmitting notification of the change in
the title of the office and position of the Under Secretary of
Emergency and Preparedness and Response with the title, ``Under
Secretary for Federal Emergency Management'', pursuant to
Public Law 107-296, Section 872; to the Committee on Homeland
Security.
7281
May 3, 2006--A letter from the Secretary, Department of
Homeland Security, transmitting the Department's notification
of the Director of Managment and Budget approval of the
recommendation that an additional five million doses of Anthrax
Vaccine Adsorbed (AVA) be procured with the Special Reserve
Fund, authorized by the Project BioShield Act of 2004; jointly
to the Committee on Energy and Commerce and the Committee on
Homeland Security.
8038
June 13, 2006--A letter from the Deputy Chief Counsel,
Regulations, Department of Homeland Security, transmitting the
Department's final rule--Air Cargo Security Requirements
[Docket No. TSA-2004-19515; Amendment Nos. 1520-4, 1540-7,
1542-2, 1544-5, 1546-2, and 1548-2] (RIN: 1652-AA23) received
May 18, 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Homeland Security.
8039
June 13, 2005--A letter from the Director, Regulatory
Management Division, Office of Executive Secretariat,
Department of Homeland Security, transmitting the Department's
final rule--Changes to the Procedures for Notifying the Public
of Premium Processing Service Designations and Availability
[DHS Docket No. USCIS-2005-0038; CIS No. 2367-05] (RIN: 1615-
AB40) received May 25, 2006, pursuant to 5 U.S.C. 801(a)(1)(A);
to the Committee on Homeland Security.
8754
July 24, 2006--A letter from the Assistant Secretary,
Transportation Security Administration, Department of Homeland
Security, transmitting the Administration's certification that
the level of screening services and protection provided at
Greater Rochester International Airport will be equal to or
greater than the level that would be provided at the airport by
TSA Transportation Security Officers, pursuant to 49 U.S.C.
44920(d); to the Committee on Homeland Security.
8757
July 24, 2006--A letter from the Admiral, United States
Coast Guard Commandant, Department of Homeland Security,
transmitting a copy of a draft bill, ``To authorize
appropriations for fiscal year 2007 for the United States Coast
Guard, and for other purposes''; jointly to the Committee on
Transportation and Infrastructure, the Committee on Ways and
Means, the Committee on Armed Services, the Committee on
Government Reform, the Committee on Homeland Security, the
Committee on the Judiciary, and the Committee on Energy and
Commerce.
9710
September 28, 2006--A letter from the Deputy Assistant
Secretary, Office of Legislative and Intergovernmental Affairs,
Department of Homeland Security, transmitting the Department's
report regarding its efforts in the area of transportation
security for the calendar year 2005, pursuant to 49 U.S.C.
44938(a) and (b); to the Committee on Homeland Security.
9711
September 28, 2006--A letter from the Deputy Chief Counsel
for Regulations, TSA, Department of Homeland Security, the
Department's final rule--Driver Licensed by Canada or Mexico
Transporting Hazardous Materials To and Within the United
States [Docket No. TSA-2006-25541; Amendment No. 1572-6] (RIN:
1652-AA50) received August 3, 2006, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Homeland Security.
10500
December 8, 2006--A letter from the Assistant Secretary,
Transportation Security Administration, Department of Homeland
Security, transmitting the Administration's certification that
the level of screening services and protection provided at San
Francisco International Airport will be equal to or greater
than the level that would be provided at the airport by TSA
Transportation Security Officers, pursuant to 49 U.S.C.
44920(d); to the Committee on Homeland Security.
MEMORIALS
261
March 6, 2006--A memorial of the House of Representatives
of the State of Michigan, relative to House Resolution No., 149
memorializing the Congress of the United States to increase
efforts to protect our borders; to the Committee on Homeland
Security.
363
June 13, 2006--A memorial of the House of Representatives
of the State of Michigan, relative to House Resolution No. 188
memorializing the President of the United States and the
Congress of the United States to use flexibility in the
implementation of rules to allow use of an enhanced drivers
license under the Western Hemisphere Travel Initiative which
requires all citizens of any age of the United States, Canada,
and Mexico, and Bermuda to have a passport or other secure
documentation to enter or re-enter the United States; to the
Committee on Homeland Security.
421
July 24, 2006--A memorial of the Legislature of the State
of Maine, relative to a Joint Resolution memorializing the
Congress of the United States and the President of the United
States to shift funding priorities and support the equitable
disbursement of Homeland Security funds as outlined in United
States Senate Bill 10, sponsored by Senator Susan Collins, in
order to ensure that all states effectively contribute to our
national security goals and emergency preparedness; jointly to
the Committee on Homeland Security, the Committee on Energy and
Commerce, the Committee on Transportation and Infrastructure,
and the Committee on the Judiciary.
PETITIONS
111
March 6, 2006--A petition of the City Commission of
Hallandale Beach, Florida, relative to Resolution No. 2005-32
requesting the Federal Emergency Management Agency (FEMA) be
removed from the Department of Homeland Security and returned
to FEMA's former independent status; to the Committee on
Homeland Security.
121
June 13, 2006--A petition of the City of Miami Commission,
Florida, relative to Resolution No. R-06-0214 supporting the
legalization, not criminalization, of immigrants in the United
States and urging the Congress of the United States to
reconsider House Bill 4437 and instead adopt the Senate
Judiciary Committee's bill; jointly to the Committee on the
Judiciary and the Committee on Homeland Security.
122
June 13, 2006--A petition of the Milwaukee County Board of
Supervisors, Wisconsin, relative to a resolution urging the
passage of a comprehensive U.S. immigration reform law known as
The Secure America and Orderly Immigration Act; jointly to the
Committee on the Judiciary, the Committee on Homeland Security,
the Committee on International Relations, the Committee on
Energy and Commerce, and the Committee on Education and the
Workforce.
129
July 24, 2006--A petition of the Legislature of Rockland
County, New York, relative to Resolution No. 125 calling upon
the President of the United States, the Congress of the United
States, the Department of Homeland Security, the Governor of
the State of New York, the New York State Senate and the New
York State assembly to include Rockland County in the Homeland
Security funding definition for urban areas security initiative
(UASI) grants for high threat urban areas in 2006; to the
Committee on Homeland Security.
130
July 24, 2006--A petition of the Legislature of Rockland
County, New York, relative to Resolution No. 124 calling upon
the President of the United States, the Congress of the United
States, the Department of Homeland Security, the Governor of
the State of New York, the New York State Senate and the New
York State Assembly to work to allow Homeland Security funding
to be used to recruit and retain personnel; to the Committee on
Homeland Security.
131
July 24, 2006--A petition of the Legislature of Rockland
County, New York, relative to Resolution No. 123 calling upon
the President of the United States, the Congress of the United
States, the Department of Homeland Security, the Governor of
the State of New York, the New York State Senate and New York
State Assembly to work to change the Homeland Security funding
into one based on threat; to the Committee on Homeland
Security.
152
July 27, 2006--A petition of the Legislature of Rockland
County, New York, relative to resolution No. 350 calling upon
the President of the United States, the Congress of the United
States and the Department of Homeland Security to immediately
restore Homeland Security and Anti-Terrorism funds to the New
York Metropolitan Area and to reconsider Rockland County's
exclusion from the Urban Areas Security Initiative for the New
York Metropolitan Area.
PRESIDENTIAL MESSAGES
8
March 1, 2005--A message from the President of the United
States transmitting the Administration's 2005 National Drug
Control Strategy, pursuant to 21 U.S.C. 1705. Message and
accompanying papers referred to the Committee on the Judiciary,
the Committee on Government Reform, the Committee on
International Relations, the Committee on Small Business, the
Committee on Transportation and Infrastructure, the Committee
on Ways and Means, the Committee on Veterans' Affairs, and the
Committee on Homeland Security.
37
February 14, 2006--A message from the President of the
United States transmitting the Administration's 2006 National
Drug Control Strategy, pursuant to 21 U.S.C. 1705. Message and
accompanying papers referred to the Committees on Education and
the Workforce, the Committee on Energy and Commerce, the
Committee on Government Reform, the Committee on Homeland
Security, the Committee on International Relations, the
Committee on the Judiciary, the Committee on Transportation and
Infrastructure, and the Permanent Select Committee on
Intelligence.
Appendix VII--Committee Staff
MAJORITY STAFF
Robert F. O'Connor, Staff Director
Jennifer Arangio, Counsel
Kim Baronof, Professional Staff Member
Diane Berry, Subcommittee on Prevention of Nuclear and
Biological Attack Deputy Policy Director
Mandy Bowers, Professional Staff Member
Bralver, Andrew, Receptionist
Elizabeth ``Libby'' Burgess, Special Assistant *
Donovan Chau, Professional Staff Member *
Benjamin Cohen, Staff Director *
Stephen M. Cote, Policy Coordinator *
Jennifer Crook, Press*
Stephen W. DeVine, Deputy Staff Director*
Thomas DiLenge, Chief Counsel and Policy Director *
Josh Dozor, Counsel*
John C. Gannon, Staff Director *
Michael Geffroy, Senior Counsel *
Chris Gindlesperger, Deputy Press Secretary
Kevin Gronberg, Professional Staff Member
Amanda Halpern, Staff Assistant
Chris Higby, Professional Staff Member *
Heather Hogg, Professional Staff Member
Mark Hogsett, Professional Staff Member
Michele Ingwersen, Executive Assistant
Kenneth Johnson, Communications Director*
Kerry A. Kinirons, Counsel
Kim L. Kotlar, Policy Coordinator *
Mark Klaassen, General Counsel
Alicemary Leach, Subcommittee on Investigations Staff Director
Patrick Lee, Subcommittee Policy Director*
Michael Lepage, Clerk
Steven Lenkart, Senior Professional Staff Member
Eric Malawer, Professional Staff Member *
Sterling A. Marchand, Professional Staff Member
Kelly Mauceri, Deputy Communications Director *
Matthew McCabe, Counsel
Deron T. McElroy, Subcommittee Staff Director
Ammani Nagesh, Staff Assistant *
Coley O'Brien, Subcommittee on Economic Security,
Infrastructure Protection, and Cybersecurity Staff
Director
Colleen M. O'Keefe, Counsel
Winsome Packer, Professional Staff Member
Jennifer Page, Press Secretary *
Keyur B. Parikh, Staff Assistant
Edward Parkinson, Receptionist*
Ryan Patmintra, Assistant Press Secretary *
Adam Paulson, Professional Staff Member
Margaret Peterlin, Senior Counsel
Mike Power, Chief Counsel
Randall Prather, Policy Coordinator*
William Rubens, Counsel
Michael J. Russell, Subcommittee on Management, Integration,
and Oversight Staff Director
Charles B. Scarborough, Communications Director
William M. Schultz, Professional Staff Member *
Julie Schmidt, Professional Staff Member
Nate Sloan, Professional Staff Member
Linda Townsend Solheim, Senior Counsel
Patricia Taylor, Counsel
Janice Tolley, Press Assistant
Adam Y.C. Tsao, Senior Transportation Security Advisor *
Rachael Wanner, Professional Staff Member*
Josh Weerasinghe, Senior Advisor on Bioscience *
Andrew Weis, Senior Counsel
Brian B. White, Professional Staff Member *
Amber Wilkerson, Press *
Paul Wilkinson, Communications Director*
Alan B. Wood, Jr., Press*
MINORITY STAFF
Jessica Herrera-Flanigan, Minority Staff Director
Scott D. Bates, Senior Policy Advisor *
Christopher A. Beck, Minority Professional Staff Member
Cherri Branson, Investigative Oversight Counsel
Zahra Buck, Professional Staff Member
Carla D. Buckner, Professional Staff Member / Counsel*
Ryan D. Cast, Senior Advisor for Science and Technology*
Rosaline Cohen, Counsel / Director of Budgetary Affairs
Christopher W. Espy, Legal Clerk*
Thomas M. Finan, Subcommittee Coordinator / Counsel
Todd William Gee, Counsel / Senior Policy Advisor
Kandis Gibson, Legal Clerk
Jennifer Porter Gore, Communication Director*
David Grannis, Professional Staff Member *
Dena Graziano, Communications Director*
Jeffrey Greene, Subcommittee Coordinator/Counsel
Nadra Harrison, Press Assistant *
Calvin R. Humphrey, Professional Staff Member *
Mark Jacobson, Professional Staff Member
Kathryn D. R. Krepp, Counsel
Jason McNamara, Professional Staff Member*
Todd A. Levett, Professional Staff Member*
I. Joshua Magarik, Legislative Assistant
Mark T. Magee, Deputy Staff Director *
Frank J. McGee, Professional Staff Member
Jason R. McNamara, Professional Staff Member *
Jacob S. Olcott, Counsel
Veronique Pluviose-Fenton, Counsel
Daniel Prieto, Professional Staff Member*
Sue Ramanathan, Chief Counsel*
Jerry P. Ross, Subcommittee Policy Coordinator/Professional
Staff Member*
Marisela Salayandia, Legislative Assistant
David H. Schanzer, Staff Director / Chief Counsel *
Tamla Scott, Counsel
Craig M. Sharman, Subcommittee Coordinator/Professional Staff
Member
John Sopko, Chief of Investigations / General Counsel *
Michael Stroud, Counsel
Allen L. Thompson, Professional Staff Member
Moira Whelan, Communications Director *
SHARED COMMITTEE STAFF
Dawn Criste, Chief Financial Officer
Diane Norman, GPO Printer
Michael S. Twinchek, Chief Clerk
Natalie Nixon, Deputy Clerk
Joseph Windrem, Deputy Clerk *
* Indicates that such staff member is no longer employed by
the Committee.
Appendix VIII--Witnesses
A
Agwonobi, John, Assistant Secretary for Health, Department of
Health and Human Services. Full Committee, May 16,
2006, ``Are We Ready?: Implementing the National
Strategy for Pandemic Influenza.''
Aguilar, Chief David V., Border Patrol, U.S. Customs and Border
Protection, Department of Homeland Security.
Subcommittee on Economic Security, Infrastructure
Protection, and Cybersecurity, September 28, 2005,
``Solving the OTM Undocumented Alien Problem: Expedited
Removal for Apprehensions along the U.S. Border.''
Subcommittee on Investigations, February 7, 2006,
``Armed and Dangerous: Confronting the Problem of
Border Incursions.''
Ahern, Jayson, Assistant Commissioner, Office of Field
Operations, Customs and Border Protection, Department
of Homeland Security. Subcommittee on Economic
Security, Infrastructure Protection, and Cybersecurity,
March 16, 2006, H.R. 4954, to improve maritime and
cargo security through enhanced layered defenses, and
for other purposes. Subcommittee on Prevention of
Nuclear and Biological Attack, May 25, 2006,
``Enlisting Foreign Cooperation in U.S. Efforts to
Prevent Nuclear Smuggling.''
Albright, David, Director, Institute for Science and
International Security. Subcommittee on Prevention of
Nuclear and Biological Attack, May 26, 2005, ``Building
a Nuclear Bomb: Identifying Early Indicators of
Terrorist Activities.'' Subcommittee on Prevention of
Nuclear and Biological Attack, June 28, 2005,
``Pathways to the Bomb: Security of Fissile Materials
Abroad.''
Albright, Penrose ``Parney'', Assistant Secretary, Science and
Technology Directorate, Department of Homeland
Security. Subcommittee on Emergency Preparedness,
Science, and Technology, February 10, 2005, ``The
Proposed Fiscal Year 2006 Budget: Enhancing Terrorism
Preparedness for First Responders.''
Ali, Javed, Senior Intelligence Officer, Department of Homeland
Security. Subcommittee on Intelligence, Information
Sharing, and Terrorism Risk Assessment, September 20,
2006, ``The Homeland Security Implications of
Radicalization.''
Alibek, Kenneth, Executive Director, Center for Biodefense,
George Mason University. Subcommittee on Prevention of
Nuclear and Biological Attack, July 13, 2005,
``Engineering Bio-Terror Agents: Lessons from the
Offensive U.S. and Russian Biological Weapons
Programs.''
Allen, Catherine, President and CEO, BITS, Financial Services
Roundtable. Subcommittee on Economic Security,
Infrastructure Protection, and Cybersecurity, April 20,
2005, H.R. 285, the Department of Homeland Security
Cybersecurity Enhancement Act of 2005.
Allen, Charles, Chief Intelligence Officer, Department of
Homeland Security. Subcommittee on Intelligence,
Information Sharing, and Terrorism Risk Assessment of
the Committee on Homeland Security and the Subcommittee
on Terrorism, Human Intelligence, Analysis and
Counterintelligence of the House Permanent Select
Committee on Intelligence, October 19, 2005, ``The
Department of Homeland Security Second Stage Review:
The Role of the Chief Intelligence Officer.''
Subcommittee on Intelligence, Information Sharing, and
Terrorism Risk Assessment, February 15, 2006, ``The
President's Proposed FY07 Budget for the Department of
Homeland Security: The Office of Intelligence and
Analysis.'' Subcommittee on Prevention of Nuclear and
Biological Attack, May 4, 2006, ``BioScience and the
Intelligence Community (Part II): Closing the Gap.''
Subcommittee on Intelligence, Information Sharing, and
Terrorism Risk Assessment, May 24, 2006, ``Progress of
the DHS Chief Intelligence Officer.'' Subcommittee on
Intelligence, Information Sharing, and Terrorism Risk
Assessment, June 28, 2006, ``DHS Intelligence and
Border Security: Delivering Operational Intelligence.''
Subcommittee on Intelligence, Information Sharing, and
Terrorism Risk Assessment, September 7, 2006, ``State
and Local Fusion Centers and the Role of DHS.''
Subcommittee on Intelligence, Information Sharing, and
Terrorism Risk Assessment, September 13, 2006, ``The
Homeland Security Information Network: An Update on DHS
Information Sharing Efforts.''
Allison, Dr. Graham, Director of the Belfer Center for Science
and International Affairs, Harvard University.
Subcommittee on Prevention of Nuclear and Biological
Attack, April 19, 2005, ``DHS Coordination of Nuclear
Detection Efforts.''
Aloise, Gene, Director, Natural Resources and Environment,
Government Accountability Office. Subcommittee on
Prevention of Nuclear and Biological Attack and the
Subcommittee on Emergency Preparedness, Science, and
Technology, June 21, 2005, ``Detecting Nuclear Weapons
and Radiological Materials: How Effective Is Available
Technology?''
Alson, Dr. Roy L., Associate Professor, Emergency Medicine,
Wake Forest University School of Medicine. Subcommittee
on Prevention of Nuclear and Biological Attack, October
20, 2005, ``Mitigating Catastrophic Events through
Effective Medical Response.
Ananth, Dr. K.P., Associate Laboratory Director--National &
Homeland Security, Idaho National Laboratory.
Subcommittee on Economic Security, Infrastructure
Protection, and Cybersecurity and the Subcommittee on
Emergency Preparedness, Science, and Technology,
October 18, 2005, ``SCADA and the Terrorist Threat:
Protecting the Nation's Critical Control Systems.''
Anderson, Hon. John B., Former Representative in Congress from
the State of Illinois. Subcommittee on Economic
Security, Infrastructure Protection, and Cybersecurity,
June 29, 2005, ``Improving Pre-Screening of Aviation
Passengers against Terrorist and Other Watch Lists.''
Andrews, Major Charles E., Chief, Administrative Division,
Alabama Department of Public Safety. Subcommittee on
Management, Integration, and Oversight, July 27, 2005,
``The 287(g) Program: Ensuring the Integrity of
America's Border Security System through Federal-State
Partnerships.''
Ashbaugh, Robert L., Assistant Inspector General for
Inspections and Special Reviews, Office of Inspector
General, Department of Homeland Security. Subcommittee
on Management, Integration, and Oversight, November 15,
2005, ``CBP and ICE: Does the Current Organizational
Structure Best Serve U.S. Homeland Security Interests?
Part II.''
Atlas, Dr. Ronald, American Society of Microbiology.
Subcommittee on Prevention of Nuclear and Biological
Attack, September 13, 2006, ``The Science of
Prevention.''
B
Baker, Hon. Stewart A., Assistant Secretary for Policy,
Department of Homeland Security. Subcommittee on
Management, Integration, and Oversight, November 15,
2005, ``CBP and ICE: Does the Current Organizational
Structure Best Serve U.S. Homeland Security Interests?
Part II.'' Subcommittee on Management, Integration, and
Oversight, May 11, 2006, ``CBP and ICE: Does the
Current Organizational Structure Best Serve U.S.
Homeland Security Interests? Part III.'' Full
Committee, May 24, 2006, ``The Need for CFIUS to
Address Homeland Security Concerns.''
Bailey, Steven, Director, Pierce County Department of Emergency
Management. Subcommittee on Emergency Preparedness,
Science, and Technology, April 12, 2006, field hearing
in Orting, Washington, ``Emergency Planning and
Preparedness: Federal, State, and Local Coordination.''
Baginski, Maureen, Director, Intelligence Community Sector,
BearingPoint. Subcommittee on Intelligence, Information
Sharing, and Terrorism Risk Assessment, September 13,
2006, ``The Homeland Security Information Network: An
Update on DHS Information Sharing Efforts.''
Balboni, Hon. Michael A.L., Senator, New York State Senate.
Subcommittee on Economic Security, Infrastructure
Protection, and Cybersecurity, June 29, 2006, H.R.
5695, the ``Chemical Facility Anti-terrorism Act of
2006.''
Bandy, Stephen, Manager, Corporate Safety & Security, Marathon
Ashland Petroleum, LLC, testifying on behalf of
National Petrochemical and Refiners Association and
American Petroleum Institute. Subcommittee on Economic
Security, Infrastructure Protection, and Cybersecurity,
June 15, 2005, ``Preventing Terrorist Attacks on
America's Chemical Plants.''
Barber, Allen, President, L-3 Communications Security and
Detection Systems, Inc. Subcommittee on Economic
Security, Infrastructure Protection, and Cybersecurity,
July 13, 2005, ``Leveraging Technology to Improve
Aviation Security.''
Barclay, Charles, President, American Association of Airport
Executives. Economic Security, Infrastructure
Protection, and Cybersecurity, November 3, 2005, ``The
Future of TSA's Registered Traveler Program.''
Barnhart, Douglas, President of Douglas E. Barhart, Inc., Vice
President of Association of General Contractors.
Subcommittee on Economic Security, Infrastructure
Protection, and Cybersecurity of the Committee on
Homeland Security and the Subcommittee on Criminal
Justice, Drug Policy, and Human Resources of the
Committee on Government Reform, July 20, 2006,
``Fencing the Border: Construction Options and
Strategic Placement.''
Barron, David, Chair, Telecommunications Sector Coordinating
Council. Subcommittee on Economic Security,
Infrastructure Protection, and Cybersecurity, September
13, 2006, ``The Future of Cyber and Telecommunications
Security at the Department of Homeland Security.''
Bass, Dr. Robert R., Member, Committee on the Future of
Emergency Care, Institute of Medicine. Subcommittee on
Emergency Preparedness, Science, and Technology, July
26, 2006, ``Emergency Care Crisis: A Nation Unprepared
for Public Health Disasters.''
Beatty, Hon. Bryan E., Secretary, North Carolina Department of
Crime Control and Public Safety. Subcommittee on
Emergency Preparedness, Science, and Technology, April
12, 2005, ``The Need for Grant Reform and The Faster
and Smarter Funding for First Responders Act of 2005.''
Becker, Joseph, Senior Vice President for Preparedness and
Response, the American National Red Cross. Subcommittee
on Investigations, June 14, 2006, ``Waste, Fraud, and
Abuse in the Aftermath of Hurricane Katrina.''
Ben-Veniste, Richard, 9/11 Public Discourse Project.
Subcommittee on Intelligence, Information Sharing, and
Terrorism Risk Assessment of the Committee on Homeland
Security and the Subcommittee on Terrorism, Human
Intelligence, Analysis and Counterintelligence of the
House Permanent Select Committee on Intelligence,
October 19, 2005, ``The Department of Homeland Security
Second Stage Review: The Role of the Chief Intelligence
Officer.''
Bennett, James, President and Chief Executive Officer,
Metropolitan Washington Airports Authority, testifying
on behalf of: Airports Council International-North
America/The American Association of Airport Executives.
Subcommittee on Economic Security, Infrastructure
Protection, and Cybersecurity, July 28, 2005,
``Improving Management of the Aviation Screening
Workforce.''
Beres, Timothy, Director, Preparedness Programs Division,
Office for Domestic Preparedness, Office of State and
Local Government Coordination and Preparedness,
Department of Homeland Security. Subcommittee on
Emergency Preparedness, Science, and Technology, field
hearing in Wayne, New Jersey, June 26, 2006,
``Preparing for, Responding to, and Preventing
Terrorist Attacks, Natural Disasters and Other
Emergencies: Is Northern New Jersey Ready?''
Subcommittee on Emergency Preparedness, Science, and
Technology, July 26, 2005, ``The London Attacks:
Training to Respond in a Mass Transit Environment.''
Berger, Scott, Director of the Center for Chemical Process
Safety, American Institute of Chemical Engineers.
Subcommittee on Economic Security, Infrastructure
Protection, and Cybersecurity, June 29, 2006, H.R.
5695, the ``Chemical Facility Anti-terrorism Act of
2006.''
Berman, J. Richard, Assistant Inspector General for Audits,
Office of Inspector General, Department of Homeland
Security. Subcommittee on Emergency Preparedness,
Science, and Technology, April 12, 2005, ``The Need for
Grant Reform and The Faster and Smarter Funding for
First Responders Act of 2005.''
Berrick, Cathleen A., Director, Homeland Security and Justice,
Government Accountability Office. Subcommittee on
Intelligence, Information Sharing, and Terrorism Risk
Assessment, June 14, 2006, ``Transportation Security
Administration's Office of Intelligence: Progress and
Challenges.'' Subcommittee on Economic Security,
Infrastructure Protection, and Cybersecurity, July 13,
2005, ``Leveraging Technology to Improve Aviation
Security.''
Besser, Dr. Rich, Director, Coordinating Office of Terrorism
Preparedness and Emergency Response, Centers for
Disease Control and Prevention. Subcommittee on
Prevention of Nuclear and Biological Attack, May 11,
2006, ``Creating a Nation-wide, Integrated
Biosurveillance Network.''
Black, Gary W., President, Georgia Agribusiness Council, Inc.
Subcommittee on Prevention of Nuclear and Biological
Attack, December 14, 2005, H.R. 3197, the ``Secure
Handling of Ammonium Nitrate Act of 2005.'' Member,
Georgia Rural Development Council, State of Georgia.
Subcommittee on Prevention of Nuclear and Biological
Attack, August 24, 2006, ``Agroterrorism's Perfect
Storm: Where Human and Animal Disease Collide.''
Blackwelder, Ernest, Senior Vice President, Business Force,
Business Executives for National Security. Subcommittee
on Emergency Preparedness, Science, and Technology and
the Subcommittee on Prevention of Nuclear and
Biological Attack, February 8, 2006, ``Protecting the
Homeland: Fighting Pandemic Flu From the Front Lines.''
Blake, Randall, al Qa'ida Group Chief, National
Counterterrorism Center. Subcommittee on Intelligence,
Information Sharing, and Terrorism Risk Assessment,
September 20, 2006, ``The Homeland Security
Implications of Radicalization.''
Blank, Thomas, Acting Deputy Director, Transportation Security
Administration, Department of Homeland Security.
Subcommittee on Economic Security, Infrastructure
Protection, and Cybersecurity, June 16, 2005, ``The
Promise of Registered Traveler, Part II.'' Subcommittee
on Economic Security, Infrastructure Protection, and
Cybersecurity, July 28, 2005, ``Improving Management of
the Aviation Screening Workforce.''
Bloomberg, Hon. Michael, Mayor, New York, New York. Full
Committee, June 21, 2006, ``DHS Terrorism Preparedness
Grants: Risk-Based or Guess-Work?''
Blum, Dr. Frederick, President, American College of Emergency
Physicians. Subcommittee on Emergency Preparedness,
Science, and Technology, July 26, 2006, ``Emergency
Care Crisis: A Nation Unprepared for Public Health
Disasters.''
Blum, Lieutenant General H. Steven, Chief, National Guard
Bureau, Department of Defense. Subcommittee on
Emergency Preparedness, Science, and Technology of the
Committee on Homeland Security and the Subcommittee on
Terrorism, Unconventional Threats and Capabilities of
the Committee on Armed Services, November 9, 2005,
``Responding to Catastrophic Events: the Role of the
Military and National Guard in Disaster Response.''
Blunt, Hon. Roy, a Representative in Congress from the State of
Missouri. Full Committee, May 24, 2006, ``The Need for
CFIUS to Address Homeland Security Concerns.''
Bodenheimer, David Z., Esq., Crowell & Moring LLP. Subcommittee
on Management, Integration, and Oversight and the
Subcommittee on Emergency Preparedness, Science and
Technology, September 13, 2006, ``Helping Business
Protect the Homeland: Is the Department of Homeland
Security Effectively Implementing the SAFETY Act?''
Bohan, Special Agent Terry, Chief, National Canine Training and
Operations Support Branch, Bureau of Alcohol, Tobacco,
Firearms and Explosives, Department of Justice.
Subcommittee on Management, Integration, and Oversight,
September 28, 2005, ``Sniffing Out Terrorism: The Use
of Dogs in Homeland Security.''
Bonner, T.J., President, National Border Patrol Council.
Subcommittee on Management, Integration, and Oversight,
May 24, 2005, ``Training More Border Agents: How the
Department of Homeland Security Can Increase Training
Capacity More Effectively.'' Subcommittee on
Management, Integration, and Oversight, March 9, 2005,
``CBP and ICE: Does the Current Organizational
Structure Best Serve U.S. Homeland Security
Interests?'' Subcommittee on Investigations, February
7, 2006, ``Armed and Dangerous: Confronting the Problem
of Border Incursions.'' Subcommittee on Management,
Integration, and Oversight, May 11, 2006, ``CBP and
ICE: Does the Current Organizational Structure Best
Serve U.S. Homeland Security Interests? Part III.''
Subcommittee on Economic Security, Infrastructure
Protection, and Cybersecurity of the Committee on
Homeland Security and the Subcommittee on Criminal
Justice, Drug Policy, and Human Resources of the
Committee on Government Reform, July 20, 2006,
``Fencing the Border: Construction Options and
Strategic Placement.'' Subcommittee on Investigations,
August 16, 2006, field hearing in Houston, Texas,
``Criminal Activity and Violence Along the Southern
Border.''
Bortmes, L. Thomas, Director, Office of Intelligence, Customs
and Border Protection, Department of Homeland Security.
Subcommittee on Intelligence, Information Sharing, and
Terrorism Risk Assessment, June 28, 2006, ``DHS
Intelligence and Border Security: Delivering
Operational Intelligence.''
Boshears, Kevin, Director, Office of Small and Disadvantaged
Business Utilization, Department of Homeland Security.
Subcommittee on Management, Integration, and Oversight,
June 15, 2006, ``An Examination of the Department of
Homeland Security's Procurement Process Regarding Its
Contracts with Shirlington Limousine and
Transportation, Inc.''
Bouche, Col. Kenneth, Deputy Director, Information & Technology
Command, Illinois State Police. Subcommittee on
Intelligence, Information Sharing, and Terrorism Risk
Assessment, September 7, 2006, ``State and Local Fusion
Centers and the Role of DHS.''
Boyd, Dr. David G., Director, SAFECOM, Office of
Interoperability and Communications, Department of
Homeland Security. Subcommittee on Emergency
Preparedness, Science, and Technology, October 26,
2005, ``Ensuring Operability During Catastrophic
Events.'' Director, Office for Interoperability and
Compatibility, Directorate of Science and Technology,
Department of Homeland Security. Subcommittee on
Emergency Preparedness, Science, and Technology, April
25, 2006,''The State of Interoperable Communications:
Perspectives on Federal Coordination of Grants,
Standards, and Technology.''
Bradley, Leigh, Senior Vice President for Enterprise Risk,
American Red Cross. Subcommittee on Management,
Integration, and Oversight, July 12, 2006, ``Federal 9/
11 Assistance to New York: Lessons Learned in Fraud
Detection, Prevention, and Control: Part 1--Response.''
Bradley, Dr. Richard, Medical Director, Emergency Center--LBJ
General Hospital, University of Texas Health Science
Center at Houston. Subcommittee on Prevention of
Nuclear and Biological Attack, October 20, 2005,
``Mitigating Catastrophic Events through Effective
Medical Response.''
Bradley, Tim, Senior Deputy State Fire Marshal, North Carolina
Office of State Fire Marshal, National Volunteer Fire
Council. Subcommittee on Emergency Preparedness,
Science, and Technology, February 15, 2006, ``The State
of Interoperable Communications: Perspectives from the
Field.''
Brandland, Hon. Dale, Senator, Washington State Senate.
Subcommittee on Economic Security, Infrastructure
Protection, and Cybersecurity and the Subcommittee on
Emergency Preparedness, Science and Technology, August
8, 2006, field hearing in Bellingham, Washington,
``Assessment of Risks at the Northern Border and the
Infrastructure Necessary to Address Those Risks.''
Brent, Dr. Roger, Director and President, Molecular Sciences
Institute. Subcommittee on Prevention of Nuclear and
Biological Attack, July 13, 2005, ``Engineering Bio-
Terror Agents: Lessons from the Offensive U.S. and
Russian Biological Weapons Programs.''
Brewer, Mark, President and CEO, Rhode Island Airport
Corporation. Subcommittee on Economic Security,
Infrastructure Protection, and Cybersecurity, July 28,
2005, ``Improving Management of the Aviation Screening
Workforce.''
Brill, Ambassador Kenneth, Director, National
Counterproliferation Center, Office of the Director of
National Intelligence. Subcommittee on Prevention of
Nuclear and Biological Attack, May 4, 2006,
``BioScience and the Intelligence Community (Part II):
Closing the Gap.''
Brill, Steven, Founder and CEO, Verified Identity Pass, Inc.
Economic Security, Infrastructure Protection, and
Cybersecurity, November 3, 2005, ``The Future of TSA's
Registered Traveler Program.''
Broderick, Brigadier General Matthew, Director, Homeland
Security Operations Center, Department of Homeland
Security. Subcommittee on Intelligence, Information
Sharing, and Terrorism Risk Assessment, July 20, 2005,
``A Progress Report on Information Sharing for Homeland
Security.''
Brown, Dr. Corrie, Josiah Meigs Distinguished Teaching
Professor, School of Veterinary Medicine, University of
Georgia. Subcommittee on Prevention of Nuclear and
Biological Attack, August 24, 2006, ``Agroterrorism's
Perfect Storm: Where Human and Animal Disease
Collide.''
Brown, Gary, General Counsel, Pyro Spectaculars, testifying on
behalf of the American Pyrotechnics Association, et al.
Subcommittee on Economic Security, Infrastructure
Protection, and Cybersecurity, November 1, 2005,
``Reforming HAZMAT Trucking Security.''
Bruel, Jonathan B., Partner, IBM Business Consulting Services,
Senior Fellow, IBM Center for the Business of
Government. Subcommittee on Management, Integration,
and Oversight, Wednesday, June 29, 2005, ``Transforming
the Department of Homeland Security Through Mission-
based Budgeting.''
Bush, Hon. Jeb, Governor, State of Florida. Full Committee,
October 19, 2005, ``Federalism and Disaster Response:
Examining the Roles and Responsibilities of Local,
State, and Federal Agencies.''
Burlingame, Debra, Member, 9/11 Families for a Secure America.
Subcommittee on Economic Security, Infrastructure
Protection, and Cybersecurity, May 13, 2005, ``The
Transportation Security Administration's Screening of
Airline Pilots: Sound Security Practice or Waste of
Scarce Resources?''
Byman, Dr. Daniel, Director, Center for Peace and Security
Studies, Georgetown University, and Senior Fellow,
Saban Center for Middle East Policy, the Brookings
Institution. Subcommittee on Prevention of Nuclear and
Biological Attack, September 8, 2005, ``WMD Terrorism
and Proliferant States.''
C
Callahan, Dr. Michael V., Director, Biodefense & Mass Casualty
Care, CIMIT/Massachusetts General Hospital.
Subcommittee on Prevention of Nuclear and Biological
Attack, July 13, 2005, ``Engineering Bio-Terror Agents:
Lessons from the Offensive U.S. and Russian Biological
Weapons Programs.''
Callahan, Randy Allen, Executive Vice President, American
Federation of Government Employees, AFL-CIO.
Subcommittee on Management, Integration, and Oversight,
March 9, 2005, ``CBP and ICE: Does the Current
Organizational Structure Best Serve U.S. Homeland
Security Interests?''
Calvosa, Ron, Director of Fraud Prevention, Lower Manhattan
Construction Command Center. Subcommittee on
Management, Integration, and Oversight, July 13, 2006,
``Federal 9/11 Assistance to New York: Lessons Learned
in Fraud Detection, Prevention, and Control: Part 3--
Rebuilding.''
Canas, Richard L., Director, Office of Homeland Security and
Preparedness, State of New Jersey. Subcommittee on
Emergency Preparedness, Science, and Technology, field
hearing in Wayne, New Jersey, June 26, 2006,
``Preparing for, Responding to, and Preventing
Terrorist Attacks, Natural Disasters and Other
Emergencies: Is Northern New Jersey Ready?''
Subcommittee on Intelligence, Information Sharing, and
Terrorism Risk Assessment, September 7, 2006, ``State
and Local Fusion Centers and the Role of DHS.''
Cannon, Louis P., on behalf of: the National Fraternal Order of
Police. Full Committee, April 14, 2005, ``Grant Reform:
The Faster and Smarter Funding for First Responders Act
of 2005.''
Canterbury, Chuck, National President, Fraternal Order of
Police. Subcommittee on Emergency Preparedness,
Science, and Technology, September 29, 2005, ``Incident
Command, Control, and Communications During
Catastrophic Events.''
Carafano, Dr. James, Senior Research Fellow, The Heritage
Foundation. Subcommittee on Management, Integration,
and Oversight, March 9, 2005, ``CBP and ICE: Does the
Current Organizational Structure Best Serve U.S.
Homeland Security Interests?''
Carr, Dr. Marcus Eugene, Jr., Executive Director, Clinical
Research-Hemostasis, Novo Nordisk, Inc. Subcommittee on
Emergency Preparedness, Science, and Technology, July
12, 2005, ``Project BioShield: Linking Bioterrorism
Threats and Countermeasure Procurement to Enhance
Terrorism Preparedness.''
Casagrande, Dr. Rocco, Gryphon Scientific. Subcommittee on
Intelligence, Information Sharing, and Terrorism Risk
Assessment, May 25, 2005, ``Evaluating the Threat of
Agro-Terrorism.''
Chapman, Michael, Director, Missouri Office of Homeland
Security. Subcommittee on Emergency Preparedness,
Science, and Technology, April 12, 2005, ``The Need for
Grant Reform and The Faster and Smarter Funding for
First Responders Act of 2005.''
Charbo, Scott, Chief Information Officer, Department of
Homeland Security. Subcommittee on Management,
Integration, and Oversight, of the Committee on
Homeland Security, and the Subcommittee on Government
Management, Finance, and Accountability of the
Committee on Government Reform, March 29, 2006, joint
hearing, ``Department of Homeland Security Information
Technology Challenges and the Future of eMerge2.''
Chertoff, Hon. Michael, Secretary, Department of Homeland
Security. Full Committee, April 13, 2005, ``The
Department of Homeland Security: Promoting Risk-Based
Prioritization and Management.'' Full Committee, July
14 and 25, 2005, ``The Secretary's Second-Stage Review:
Re-thinking the Department of Homeland Security's
Organization and Policy Direction.'' Full Committee,
February 15, 2006, ``The President's Fiscal Year 2007
Budget for the Department of Homeland Security:
Maintaining Vigilance and Improving Mission Performance
in Securing the Homeland.'' Full Committee, September
26, 2006, ``The Department of Homeland Security: Major
Initiatives for 2007 and Beyond.''
Chopra, Deepak, President, OSI Systems, Inc. Subcommittee on
Economic Security, Infrastructure Protection, and
Cybersecurity, July 13, 2005, ``Leveraging Technology
to Improve Aviation Security.''
Cilluffo, Frank J., Director, Homeland Security Policy
Institute, the George Washington University.
Subcommittee on Economic Security, Infrastructure
Protection, and Cybersecurity, June 15, 2005,
``Preventing Terrorist Attacks on America's Chemical
Plants.'' Subcommittee on Intelligence, Information
Sharing, and Terrorism Risk Assessment, September 20,
2006, ``The Homeland Security Implications of
Radicalization.''
Clark, John, Deputy Assistant Secretary, Immigration and
Customs Enforcement, Department of Homeland Security.
Subcommittee on Management, Integration, and Oversight,
March 8, 2006, ``The 9/11 Reform Act: Examining the
Implementation of the Human Smuggling and Trafficking
Center.''
Clifford, Dr. John, Deputy Administrator for Veterinary
Services, Animal and Plant Health Inspection Services,
Department of Agriculture. Subcommittee on Prevention
of Nuclear and Biological Attack, May 11, 2006,
``Creating a Nation-wide, Integrated Biosurveillance
Network.'' Full Committee, May 16, 2006, ``Are We
Ready?: Implementing the National Strategy for Pandemic
Influenza.''
Cohen, Bernard, Director, Lower Manhattan Recovery Office,
Federal Transit Administration, Department of
Transportation. Subcommittee on Management,
Integration, and Oversight, July 13, 2006, ``Federal 9/
11 Assistance to New York: Lessons Learned in Fraud
Detection, Prevention, and Control: Part 3--
Rebuilding.''
Cohen, Hon. Jay, Under Secretary for Science and Technology,
Department of Homeland Security. Subcommittee on
Emergency Preparedness, Science, and Technology,
September 7, 2006 ``The Department of Homeland
Security's Science and Technology Directorate: Is It
Structured for Success?'' Subcommittee on Management,
Integration, and Oversight and the Subcommittee on
Emergency Preparedness, Science and Technology,
September 13, 2006, ``Helping Business Protect the
Homeland: Is the Department of Homeland Security
Effectively Implementing the SAFETY Act?'' Subcommittee
on Prevention of Nuclear and Biological Attack,
September 14, 2006, ``The Science of Prevention.''
Cohen, John, Senior Homeland Security Policy Advisor, Executive
Office of Public Safety, Commonwealth of Massachusetts.
Subcommittee on Intelligence, Information Sharing, and
Terrorism Risk Assessment, July 20, 2005, ``A Progress
Report on Information Sharing for Homeland Security.''
Collacott, Ambassador Martin, Former Canadian Ambassador to
Syria and Lebanon. Subcommittee on Economic Security,
Infrastructure Protection, and Cybersecurity and the
Subcommittee on Emergency Preparedness, Science and
Technology, August 8, 2006, field hearing in
Bellingham, Washington, ``Assessment of Risks at the
Northern Border and the Infrastructure Necessary to
Address Those Risks.''
Collins, Admiral Thomas, Commandant, U.S. Coast Guard,
Department of Homeland Security. Subcommittee on
Economic Security, Infrastructure Protection, and
Cybersecurity, June 8, 2005, The Homeland Security
Missions of the Post-9/11 Coast Guard.'' Subcommittee
on Emergency Preparedness, Science, and Technology of
the Committee on Homeland Security and the Subcommittee
on Terrorism, Unconventional Threats and Capabilities
of the Committee on Armed Services, November 9, 2005,
``Responding to Catastrophic Events: the Role of the
Military and National Guard in Disaster Response.''
Subcommittee on Economic Security, Infrastructure
Protection, and Cybersecurity, February 15, 2006, ``The
President's Fiscal Year 2007 Budget: Coast Guard
Programs Impacting Maritime Border Security.''
Colwell, Dr. Lee, Executive Director, Pegasus Research
Foundation. Subcommittee on Intelligence, Information
Sharing, and Terrorism Risk Assessment, July 20, 2005,
``A Progress Report on Information Sharing for Homeland
Security.''
Connors, William, Executive Director, National Business Travel
Association. Subcommittee on Economic Security,
Infrastructure Protection, and Cybersecurity, June 9,
2005, ``The Promise of Registered Traveler.''
Cooney, Maureen, Acting Chief Privacy Officer, Department of
Homeland Security. Subcommittee on Intelligence,
Information Sharing, and Terrorism Risk Assessment,
April 6, 2006, ``Protection of Privacy in the DHS
Intelligence Enterprise.''
Copeland, Guy, Chair, Information Technology Sector
Coordinating Council. Subcommittee on Economic
Security, Infrastructure Protection, and Cybersecurity,
September 13, 2006, ``The Future of Cyber and
Telecommunications Security at the Department of
Homeland Security.''
Cooper, Steven I., Chief Information Officer, Department of
Homeland Security. Subcommittee on Management,
Integration, and Oversight, April 14, 2005, ``The Need
to Strengthen Information Security at the Department of
Homeland Security.''
Crowell, William, Markle Foundation Task Force on National
Security in the Information Age. Subcommittee on
Intelligence, Information Sharing, and Terrorism Risk
Assessment, November 8, 2005, ``Federal Support for
Homeland Security Information Sharing: The Role of the
Information Sharing Program Manager.''
Crowley, P.J., Senior Fellow and Director of National Defense
and Homeland Security, Center for American Progress.
Subcommittee on Economic Security, Infrastructure
Protection, and Cybersecurity, June 29, 2006, H.R.
5695, the ``Chemical Facility Anti-terrorism Act of
2006.''
Cunningham, Noel, Principal, MARSEC Group. Subcommittee on
Economic Security, Infrastructure Protection, and
Cybersecurity, March 16, 2006, H.R. 4954, to improve
maritime and cargo security through enhanced layered
defenses, and for other purposes.
Cutler, Michael W., Former Senior Special Agent, U.S.
Immigration and Naturalization Service. Subcommittee on
Management, Integration, and Oversight, March 9, 2005,
``CBP and ICE: Does the Current Organizational
Structure Best Serve U.S. Homeland Security
Interests?'' Fellow, Center for Immigration Studies.
Subcommittee on Intelligence, Information Sharing, and
Terrorism Risk Assessment, June 28, 2006, ``DHS
Intelligence and Border Security: Delivering
Operational Intelligence.''
D
de Rugy, Dr. Veronique, Fellow, American Enterprise Institute.
Subcommittee on Emergency Preparedness, Science, and
Technology, April 12, 2005, ``The Need for Grant Reform
and The Faster and Smarter Funding for First Responders
Act of 2005.''
DeCota, William, Director of Aviation, New York-New Jersey Port
Authority. Subcommittee on Economic Security,
Infrastructure Protection, and Cybersecurity, July 28,
2005, ``Improving Management of the Aviation Screening
Workforce.''
DeMell, John, President, FirstLine Transportation Security,
Inc. Subcommittee on Economic Security, Infrastructure
Protection, and Cybersecurity, July 28, 2005,
``Improving Management of the Aviation Screening
Workforce.''
DePasquale, Sal, Security Specialist, CH2M Hill & University of
Georgia. Subcommittee on Economic Security,
Infrastructure Protection, and Cybersecurity, June 15,
2005, ``Preventing Terrorist Attacks on America's
Chemical Plants.''
Damiani, Bettina, Project Director, Good Jobs New York.
Subcommittee on Management, Integration, and Oversight,
July 13, 2006, ``Federal 9/11 Assistance to New York:
Lessons Learned in Fraud Detection, Prevention, and
Control: Part 2--Recovery.''
Dannels, Donna M., Acting Deputy Director of Recovery, Federal
Emergency Management Agency, Department of Homeland
Security. Subcommittee on Investigations, June 14,
2006, ``Waste, Fraud and Abuse in the Aftermath of
Hurricane Katrina.''
David, Jack, Deputy Assistant Secretary, International Security
Policy, Department of Defense. Subcommittee on
Prevention of Nuclear and Biological Attack, June 22,
2006, ``Reducing Nuclear and Biological Threats at the
Source.''
DeBoer, Jeffrey, President and CEO, the Real Estate Roundtable
Subcommittee on Intelligence, Information Sharing, and
Terrorism Risk Assessment of the Committee on Homeland
Security and the Subcommittee on Oversight and
Investigations of the Committee on Financial Services,
July 25, 2006, ``Terrorism Threats and the Insurance
Market.''
Deffer, Frank W., Assistant Inspector General, Department of
Homeland Security. Subcommittee on Intelligence,
Information Sharing, and Terrorism Risk Assessment,
September 13, 2006, ``The Homeland Security Information
Network: An Update on DHS Information Sharing
Efforts.''
Dempsey, James X., Executive Director, Center for Democracy and
Technology. Subcommittee on Economic Security,
Infrastructure Protection, and Cybersecurity, June 29,
2005, ``Improving Pre-Screening of Aviation Passengers
against Terrorist and Other Watch Lists.''
Dezenski, Elaine, Acting Assistant Secretary, Directorate for
Border and Transportation Security, Department of
Homeland Security. Subcommittee on Economic Security,
Infrastructure Protection, and Cybersecurity, June 22,
2005, ``Ensuring the Security of America's Borders
through the Use of Biometric Passports and Other
Identity Documents.''
DiBattiste, Carol, Deputy Administrator, Transportation
Security Administration, Department of Homeland
Security. Subcommittee on Economic Security,
Infrastructure Protection, and Cybersecurity, March 2,
2005, ``Proposed FY 2006 Budget: Integrating Homeland
Security Screening Operations.''
Dillaman, Kathy L., Associate Director, Federal Investigations
Processing Center, U.S. Office of Personnel Management.
Subcommittee on Management, Integration, and Oversight,
May 18, 2006, ``Retention, Security Clearances, Morale,
and Other Human Capital Challenges Facing the
Department of Homeland Security.''
Drake, Hon. Robert, Mayor, Beaverton, Oregon, testifying on
behalf of National League of Cities. Subcommittee on
Emergency Preparedness, Science, and Technology, March
1, 2006, ``The State of Interoperable Communications:
Perspectives from State and Local Governments.''
Dubina, Special Agent Mark F., Supervisor, Tampa Bay Regional
Operations Center, Florida Department of Law
Enforcement, Regional Domestic Security Task Force
Supervisor. Subcommittee on Management, Integration,
and Oversight, July 27, 2005, ``The 287(g) Program:
Ensuring the Integrity of America's Border Security
System through Federal-State Partnerships.''
Duke, Elaine C., Chief Procurement Officer, Department of
Homeland Security, accompanied by Ms. Carolyn Smith,
Contracting Officer, Office of Procurement Operations,
and Ms. Shirley Turner, Contracting Officer, Office of
Procurement Operations. Subcommittee on Management,
Integration, and Oversight, June 15, 2006, ``An
Examination of the Department of Homeland Security's
Procurement Process Regarding its Contracts with
Shirlington Limousine and Transportation, Inc.''
Subcommittee on Management, Integration, and Oversight
and the Subcommittee on Emergency Preparedness, Science
and Technology, September 13, 2006, ``Helping Business
Protect the Homeland: Is the Department of Homeland
Security Effectively Implementing the SAFETY Act?''
Subcommittee on Management, Integration, and Oversight,
November 15, 2006, ``The Secure Border Initiative:
Ensuring Effective Implementation and Financial
Accountability of SBInet.''
Duncan, Commander Robert, Eighth Coast Guard District, United
States Coast Guard. Full Committee, March 22, 2005,
``Protecting Our Commerce: Port and Waterways
Security.''
Durbin, Marty, Managing Director of Security and Operations,
American Chemistry Council. Subcommittee on Economic
Security, Infrastructure Protection, and Cybersecurity,
June 15, 2005, ``Preventing Terrorist Attacks on
America's Chemical Plants.'' Subcommittee on Economic
Security, Infrastructure Protection, and Cybersecurity,
June 29, 2006, H.R. 5695, the ``Chemical Facility Anti-
terrorism Act of 2006.''
E
Eckels, Hon. Robert, County Judge, Harris County, State of
Texas. Subcommittee on Investigations, August 16, 2006,
field hearing in Houston, Texas, ``Criminal Activity
and Violence Along the Southern Border.''
Edwards, Gary, Chief Executive Officer, National Native
American Law Enforcement Association. Subcommittee on
Intelligence, Information Sharing, and Terrorism Risk
Assessment, July 20, 2005, ``A Progress Report on
Information Sharing for Homeland Security.''
Edwards, Steven, Director, Maryland Fire and Rescue Institute,
testifying on behalf of the North American Fire
Training Directors. Subcommittee on Emergency
Preparedness, Science, and Technology and the
Subcommittee on Management, Integration, and Oversight,
June 23, 2005, ``The National Training Program: Is
Anti-Terrorism Training for First Responders Efficient
and Effective?''
Eizenstat, Stuart, Partner, Covington and Burling, and Former
Deputy Secretary of the Treasury. Full Committee, May
24, 2006, ``The Need for CFIUS to Address Homeland
Security Concerns.''
Ellenbogen, Michael, President and Chief Executive Officer,
Reveal Imaging Technologies, Inc. Subcommittee on
Economic Security, Infrastructure Protection, and
Cybersecurity, July 13, 2005, ``Leveraging Technology
to Improve Aviation Security.''
Ellis, Jim, President, Boat Owners Association of the United
States BOAT/U.S. Subcommittee on Economic Security,
Infrastructure Protection, and Cybersecurity, May 19,
2005, H.R. 1509, the ``Recreational Boaters Streamlined
Inspection Act.''
Embrey, Ellen, Deputy Assistant Secretary of Defense for Force
Health Protection and Readiness. Subcommittee on
Prevention of Nuclear and Biological Attack, May 11,
2006, ``Creating a Nation-Wide, Integrated
Biosurveillance Network.''
Emerson, Steven, Executive Director, the Investigative Project
on Terrorism. Subcommittee on Intelligence, Information
Sharing, and Terrorism Risk Assessment, September 20,
2006, ``The Homeland Security Implications of
Radicalization.''
Ervin, Clark Kent, Director, Homeland Security Initiative, the
Aspen Institute. Subcommittee on Management,
Integration, and Oversight, April 20, 2005,
``Management Challenges Facing the Department of
Homeland Security.''
Esparza, Jamie, District Attorney, El Paso County, State of
Texas. Subcommittee on Investigations, August 16, 2006,
field hearing in Houston, Texas, ``Criminal Activity
and Violence Along the Southern Border.''
Evenson, Michael K., Acting Director, Combat Support
Directorate, DTRA, Department of Defense. Subcommittee
on Prevention of Nuclear and Biological Attack and the
Subcommittee on Emergency Preparedness, Science, and
Technology, June 21, 2005, ``Detecting Nuclear Weapons
and Radiological Materials: How Effective Is Available
Technology?''
F
Fabiano, Anthony R., President and Chief Executive Officer,
American Science and Engineering, Inc. Subcommittee on
Economic Security, Infrastructure Protection, and
Cybersecurity, July 13, 2005, ``Leveraging Technology
to Improve Aviation Security.''
Fagan, William, Director of Security, Federal Railroad
Administration. Subcommittee on Economic Security,
Infrastructure Protection, and Cybersecurity, September
28, 2006, ``Front-line Defense: Security Training for
Mass Transit and Rail Employees.''
Fauci, Dr. Tony, Director, National Institute of Allergy and
Infectious Diseases, National Institute of Health,
Department of Health and Human Services. Subcommittee
on Prevention of Nuclear and Biological Attack, July
28, 2005, ``Implementing the National Biodefense
Strategy.''
Fawcett, Chief Jimmy R., Sixth Vice President, International
Association of Chiefs of Police. Subcommittee on
Management, Integration, and Oversight, July 27, 2005,
``The 287(g) Program: Ensuring the Integrity of
America's Border Security System through Federal-State
Partnerships.''
Fetchet, Mary, Founding Director, Voices of September 11. Full
Committee, April 14, 2005, ``Grant Reform: The Faster
and Smarter Funding for First Responders Act of 2005.''
Filler, Joshua D., Director, Office of State and Local
Government Coordination, Department of Homeland
Security. Subcommittee on Intelligence, Information
Sharing, and Terrorism Risk Assessment, July 20, 2005,
``A Progress Report on Information Sharing for Homeland
Security.''
Finch, Brian E., Esq., Dickstein Shapiro, LLP. Subcommittee on
Management, Integration, and Oversight and the
Subcommittee on Emergency Preparedness, Science and
Technology, September 13, 2006, ``Helping Business
Protect the Homeland: Is the Department of Homeland
Security Effectively Implementing the SAFETY Act?''
Fisk, Daniel W., Deputy Assistant Secretary, Bureau of Western
Hemisphere Affairs, Department of State. Subcommittee
on Economic Security, Infrastructure Protection, and
Cybersecurity, September 28, 2005, ``Solving the OTM
Undocumented Alien Problem: Expedited Removal for
Apprehensions along the U.S. Border.''
Fleming, Terry, D., Director for External Affairs, Risk and
Insurance Management Society (RIMS) Subcommittee on
Intelligence, Information Sharing, and Terrorism Risk
Assessment of the Committee on Homeland Security and
the Subcommittee on Oversight and Investigations of the
Committee on Financial Services, July 25, 2006,
``Terrorism Threats and the Insurance Market.''
Flores, Sheriff Rick, Webb County, State of Texas. Subcommittee
on Investigations, August 16, 2006, field hearing in
Houston, Texas, ``Criminal Activity and Violence Along
the Southern Border.''
Foley, Hon. Mark, a Representative in Congress from the State
of Florida. Subcommittee on Economic Security,
Infrastructure Protection, and Cybersecurity, May 19,
2005, H.R. 1509, the ``Recreational Boaters Streamlined
Inspection Act.''
Fonash, Dr. Peter, Deputy Manager, National Communications
System, Department of Homeland Security. Subcommittee
on Emergency Preparedness, Science, and Technology,
October 26, 2005, ``Ensuring Operability During
Catastrophic Events.''
Fontoura, Sheriff Armando, Essex County, State of New Jersey.
Subcommittee on Emergency Preparedness, Science, and
Technology, field hearing in Wayne, New Jersey, June
26, 2006, ``Preparing for, Responding to, and
Preventing Terrorist Attacks, Natural Disasters and
Other Emergencies: Is Northern New Jersey Ready?''
Foresman, Hon. George, Under Secretary of Preparedness,
Department of Homeland Security. Subcommittee on
Emergency Preparedness, Science, and Technology, March
8, 2006, ``Proposed Fiscal Year 2007 Budget: Enhancing
Preparedness for First Responders.'' Subcommittee on
Emergency Preparedness, Science, and Technology, April
12, 2006, field hearing in Orting, Washington,
``Emergency Planning and Preparedness: Federal, State,
and Local Coordination.'' Full Committee, June 21,
2006, ``DHS Terrorism Preparedness Grants: Risk-Based
or Guess-Work?'' Subcommittee on Economic Security,
Infrastructure Protection, and Cybersecurity, September
13, 2006, ``The Future of Cyber and Telecommunications
Security at the Department of Homeland Security.''
Franz, Dr. David R., Vice President & Chief Biological
Scientist, Midwest Research Institute. Subcommittee on
Prevention of Nuclear and Biological Attack, November
3, 2005, ``BioScience and the Intelligence Community.''
Subcommittee on Prevention of Nuclear and Biological
Attack, June 22, 2006, ``Reducing Nuclear and
Biological Threats at the Source.''
Frazer, Leroy, Bureau Chief, Special Prosecutions Bureau, New
York County District Attorney Subcommittee on
Management, Integration, and Oversight, July 13, 2006,
``Federal 9/11 Assistance to New York: Lessons Learned
in Fraud Detection, Prevention, and Control: Part 2--
Recovery.''
Freeman, Dr. Jenny E., President and CEO, Hypermed, Inc.
Subcommittee on Prevention of Nuclear and Biological
Attack, October 20, 2005, ``Mitigating Catastrophic
Events through Effective Medical Response.''
Freudenthal, Bob, President, American Public Works Association.
Subcommittee on Emergency Preparedness, Science, and
Technology, September 29, 2005, ``Incident Command,
Control, and Communications during Catastrophic
Events.''
G
Gaches, Bill, Assistant Administrator for Intelligence,
Transportation Security Administration, Department of
Homeland Security. Subcommittee on Intelligence,
Information Sharing, and Terrorism Risk Assessment,
June 14, 2006, ``Transportation Security
Administration's Office of Intelligence: Progress and
Challenges.''
Gage, John, National President, American Federation of
Government Employees. Subcommittee on Management,
Integration, and Oversight, May 18, 2006, ``Retention,
Security Clearances, Morale, and Other Human Capital
Challenges Facing the Department of Homeland
Security.''
Gallay, Joel S., Deputy Inspector General, U.S. General
Services Administration. Subcommittee on Management,
Integration, and Oversight, June 16, 2005,
``Mismanagement of the Border Surveillance System and
Lessons for the New America's Shield Initiative.''
Gannon, Dr. John C., Vice President for Global Analysis, BAE
Systems, Information Technology. Subcommittee on
Intelligence, Information Sharing, and Terrorism Risk
Assessment, June 21, 2005, ``Using Open-Source
Information Effectively.''
Garcia, Hon. Adrian, Member, Houston City Council, State of
Texas. Subcommittee on Investigations, August 16, 2006,
field hearing in Houston, Texas, ``Criminal Activity
and Violence Along the Southern Border.''
Garner, Robert L., President and CEO, American Ambulance
Association. Subcommittee on Emergency Preparedness,
Science, and Technology, September 29, 2005, ``Incident
Command, Control, and Communications during
Catastrophic Events.''
Gass, James, Deputy Director, National Memorial Institute for
the Prevention of Terrorism. Subcommittee on Emergency
Preparedness, Science, and Technology, April 25,
2006,''The State of Interoperable Communications:
Perspectives on Federal Coordination of Grants,
Standards, and Technology.''
Gebhart, Dr. Mark Edward, Assistant Professor of Emergency
Medicine, Boonshoft School of Medicine, Wright State
University. Subcommittee on Emergency Preparedness,
Science, and Technology, September 29, 2005, ``Incident
Command, Control, and Communications during
Catastrophic Events.''
Gerberding, Dr. Julie, Director, Centers for Disease Control
and Prevention, Department of Health and Human
Services. Subcommittee on Prevention of Nuclear and
Biological Attack, July 28, 2005, ``Implementing the
National Biodefense Strategy.''
Getnick, Neil, President, International Association of
Independent Inspectors General. Subcommittee on
Management, Integration, and Oversight, July 12, 2006,
``Federal 9/11 Assistance to New York: Lessons Learned
in Fraud Detection, Prevention, and Control: Part 1--
Response.''
Giddens, Gregory L., Director, Secure Border Initiative
Program, Department of Homeland Security. Subcommittee
on Management, Integration, and Oversight, November 15,
2006, ``The Secure Border Initiative: Ensuring
Effective Implementation and Financial Accountability
of SBInet.'' Subcommittee on Management, Integration,
and Oversight, February 16, 2006, ``Mismanagement of
the Border Surveillance System and Lessons for the New
Border Initiative, Part 3.''
Giles, Gregory F., Public Witness. Subcommittee on Prevention
of Nuclear and Biological Attack, September 8, 2005,
``WMD Terrorism and Proliferant States.''
Gilmore, James S., III, Chairman, National Council on Readiness
and Preparedness. Subcommittee on Management,
Integration, and Oversight, April 20, 2005,
``Management Challenges Facing the Department of
Homeland Security.''
Goersch, Brigitte, Director of Security, Greater Orlando
Aviation Authority. Subcommittee on Economic Security,
Infrastructure Protection, and Cybersecurity, June 9,
2005, ``The Promise of Registered Traveler.''
Gordon, Arthur, President, Federal Law Enforcement Officers
Association. Subcommittee on Management, Integration,
and Oversight, May 11, 2006, ``CBP and ICE: Does the
Current Organizational Structure Best Serve U.S.
Homeland Security Interests? Part III.''
Gorelick, Marc, Acting Director, Human Smuggling and
Trafficking Center, Department of State. Subcommittee
on Management, Integration, and Oversight, March 8,
2006, ``The 9/11 Reform Act: Examining the
Implementation of the Human Smuggling and Trafficking
Center.''
Gottemoeller, Rose, Senior Associate, Carnegie Endowment for
International Peace. Subcommittee on Prevention of
Nuclear and Biological Attack, June 28, 2005,
``Pathways to the Bomb: Security of Fissile Materials
Abroad.''
Gramm, Walter, Executive Director, New Jersey Business Force,
Business Executives for National Security. Subcommittee
on Emergency Preparedness, Science, and Technology,
field hearing in Wayne, New Jersey, June 26, 2006,
``Preparing for, Responding to, and Preventing
Terrorist Attacks, Natural Disasters and Other
Emergencies: Is Northern New Jersey Ready?''
Greenberger, Michael, Director, Center for Health and Homeland
Security, University of Maryland School of Law.
Subcommittee on Emergency Preparedness, Science, and
Technology, July 12, 2005, ``Project BioShield: Linking
Bioterrorism Threats and Countermeasure Procurement to
Enhance Terrorism Preparedness.''
Guzman, Tony, Vice President and Director of Operations,
Garrison and Sloan Canine Detection Subcommittee on
Management, Integration, and Oversight, September 28,
2005, ``Sniffing Out Terrorism: The Use of Dogs in
Homeland Security.''
H
Hamberger, Edward, President & CEO, American Association of
Railroads. Subcommittee on Economic Security,
Infrastructure Protection, and Cybersecurity, September
28, 2006, ``Front-line Defense: Security Training for
Mass Transit and Rail Employees.''
Hamilton, Hon. Lee, Vice Chair, National Commission on
Terrorist Attacks Upon the United States. Full
Committee, April 14, 2005, ``Grant Reform: The Faster
and Smarter Funding for First Responders Act of 2005.''
Vice Chairman, 9/11 Public Discourse Project.
Subcommittee on Intelligence, Information Sharing, and
Terrorism Risk Assessment, November 8, 2005, ``Federal
Support for Homeland Security Information Sharing: The
Role of the Information Sharing Program Manager.''
Handley, James C., Regional Administrator, Great Lakes Region
5, General Services Administration. Subcommittee on
Management, Integration, and Oversight, February 16,
2006, ``Mismanagement of the Border Surveillance System
and Lessons for the New Border Initiative, Part 3.''
Hanson, Chief Polly, Metro Police, Washington Metro Area
Transit Authority. Subcommittee on Emergency
Preparedness, Science, and Technology, July 26, 2005,
``The London Attacks: Training to Respond in a Mass
Transit Environment.'' Subcommittee on Economic
Security, Infrastructure Protection, and Cybersecurity,
September 28, 2006, ``Front-line Defense: Security
Training for Mass Transit and Rail Employees.''
Happer, Dr. William, Professor of Physics, Princeton
University. Subcommittee on Prevention of Nuclear and
Biological Attack, September 13, 2006, ``The Science of
Prevention.''
Harper, Jim, Director of Information Policy Studies, the CATO
Institute. Subcommittee on Economic Security,
Infrastructure Protection, and Cybersecurity, June 9,
2005, ``The Promise of Registered Traveler.''
Hardy, Thomas, Director of Field Operations, Seattle Field
Office, Customs and Border Protection, Department of
Homeland Security. Subcommittee on Economic Security,
Infrastructure Protection, and Cybersecurity and the
Subcommittee on Emergency Preparedness, Science and
Technology, August 8, 2006, field hearing in
Bellingham, Washington ``Assessment of Risks at the
Northern Border and the Infrastructure Necessary to
Address Those Risks.''
Harris, David B., Senior Fellow for National Security, Canadian
Coalition for Democracies. Subcommittee on Economic
Security, Infrastructure Protection, and Cybersecurity
and the Subcommittee on Emergency Preparedness, Science
and Technology, August 8, 2006, field hearing in
Bellingham, Washington ``Assessment of Risks at the
Northern Border and the Infrastructure Necessary to
Address Those Risks.''
Hauptli, Todd, Senior Executive Vice President, American
Association of Airport Executives, Senior Vice
President, Airport Legislative Alliance. Subcommittee
on Economic Security, Infrastructure Protection, and
Cybersecurity, July 13, 2005, ``Leveraging Technology
to Improve Aviation Security.''
Hawley, Hon. Kip, Assistant Secretary, Transportation Security
Administration, Department of Homeland Security.
Subcommitte on Economic Security, Infrastructure
Protection, and Cybersecurity, November 3, 2005, ``The
Future of TSA's Registered Traveler Program.''
Administrator, Transportation Security Administration,
Department of Homeland Security. Subcommittee on
Economic Security, Infrastructure Protection, and
Cybersecurity, February 16, 2006, ``The President's
Proposed FY07 Budget: Risk-Based Spending at the
Transportation Security Administration.''
Hay, Ian M., President, Southeast Emergency Response Network
(SEERN) Interim Governance. Subcommittee on
Intelligence, Information Sharing, and Terrorism Risk
Assessment, September 13, 2006, ``The Homeland Security
Information Network: An Update on DHS Information
Sharing Efforts.''
Hearn, Hon. Rose Gill, Commissioner, New York City Department
of Investigation. Subcommittee on Management,
Integration, and Oversight, July 12, 2006, ``Federal 9/
11 Assistance to New York: Lessons Learned in Fraud
Detection, Prevention, and Control: Part 1--Response.''
Heidel, Jimmy, Executive Director, Warren County Port
Commission and Vice-President of the Vicksburg-Warren
County Chamber of Commerce. Full Committee, March 22,
2005, ``Protecting Our Commerce: Port and Waterways
Security.''
Henke, Hon. Tracy A., Assistant Secretary, Office of Grants and
Training, Directorate of Preparedness, Department of
Homeland Security. Subcommittee on Emergency
Preparedness, Science, and Technology, April 25, 2006,
``The State of Interoperable Communications:
Perspectives on Federal Coordination of Grants,
Standards, and Technology.''
Henley, Ronald, Chief Patrol Agent, Blaine Sector, Customs and
Border Protection, Department of Homeland Security.
Subcommittee on Economic Security, Infrastructure
Protection, and Cybersecurity and the Subcommittee on
Emergency Preparedness, Science and Technology, August
8, 2006, field hearing in Bellingham, Washington
``Assessment of Risks at the Northern Border and the
Infrastructure Necessary to Address Those Risks.''
Herath, Kirk, Chief Privacy Officer, AVP-Associate General
Counsel, Nationwide Insurance Companies. Subcommittee
on Intelligence, Information Sharing, and Terrorism
Risk Assessment, April 6, 2006, ``Protection of Privacy
in the DHS Intelligence Enterprise.''
Herman, Martin, Information Access Division Chief, National
Institute of Standards and Technology. Subcommittee on
Economic Security, Infrastructure Protection, and
Cybersecurity, June 22, 2005, ``Ensuring the Security
of America's Borders through the Use of Biometric
Passports and Other Identity Documents.''
Heyman, David, Director and Senior Fellow, Homeland Security
Program, Center for Strategic and International
Studies. Subcommittee on Management, Integration, and
Oversight , October 27, 2005, ``The Department of
Homeland Security Second-Stage Review: The Role of the
Chief Medical Officer.''
Hite, Randy, Director, Information Technology Architecture and
Systems, Government Accountability Office. Subcommittee
on Management, Integration, and Oversight, of the
Committee on Homeland Security, and the Subcommittee on
Government Management, Finance, and Accountability of
the Committee on Government Reform, March 29, 2006,
joint hearing ``Department of Homeland Security
Information Technology Challenges and the Future of
eMerge2.''
Holdeman, Eric, Director, Office of Emergency Management, King
County, State of Washington. Full Committee, May 9,
2006, proposed legislation to strengthen FEMA and
better integrate it into the Department of Homeland
Security, and for other purposes.
Holgate, Laura S. H., Vice President for Russia/New Independent
States Programs, Nuclear Threat Initiative.
Subcommittee on Prevention of Nuclear and Biological
Attack, May 26, 2005, ``Building a Nuclear Bomb:
Identifying Early Indicators of Terrorist Activities.''
Hollis, Richard, Chief Executive Officer, Hollis-Eden
Pharmaceuticals, Inc. Subcommittee on Emergency
Preparedness, Science, and Technology, July 12, 2005,
``Project BioShield: Linking Bioterrorism Threats and
Countermeasure Procurement to Enhance Terrorism
Preparedness.''
Hopmeier, Michael J., Chief, Innovative and Unconventional
Concepts, Unconventional Concepts, Inc. Subcommittee on
Prevention of Nuclear and Biological Attack, November
3, 2005, ``BioScience and the Intelligence Community.''
Howell, Andrew, Vice President, Homeland Security Policy
Division, U.S. Chamber of Commerce. Subcommittee on
Management, Integration, and Oversight and the
Subcommittee on Emergency Preparedness, Science and
Technology, September 13, 2006, ``Helping Business
Protect the Homeland: Is the Department of Homeland
Security Effectively Implementing the SAFETY Act?''
Hughes, Lt. General Patrick, (Ret.) Acting Under Secretary,
Information Analysis and Infrastructure Protection,
Department of Homeland Security. Subcommittee on
Intelligence, Information Sharing, and Terrorism Risk
Assessment, February 16, 2005, ``The Proposed Fiscal
Year 2006 Budget: Building the Information Analysis
Capability of DHS.'' Vice President--Homeland Security,
L-3 Communications. Subcommittee on Intelligence,
Information Sharing, and Terrorism Risk Assessment,
April 6, 2006, ``Protection of Privacy in the DHS
Intelligence Enterprise.''
Huizenga, David, Assistant Deputy Administrator, International
Materials Protection and Cooperation, National Nuclear
Security Administration, Department of Energy.
Subcommittee on Prevention of Nuclear and Biological
Attack, May 25, 2006, ``Enlisting Foreign Cooperation
in U.S. Efforts to Prevent Nuclear Smuggling.''
Subcommittee on Prevention of Nuclear and Biological
Attack and the Subcommittee on Emergency Preparedness,
Science, and Technology, June 21, 2005, ``Detecting
Nuclear Weapons and Radiological Materials: How
Effective Is Available Technology?''
Hunter, Hon. Duncan, a Representative in Congress from the
State of California. Subcommittee on Economic Security,
Infrastructure Protection, and Cybersecurity of the
Committee on Homeland Security and the Subcommittee on
Criminal Justice, Drug Policy, and Human Resources of
the Committee on Government Reform, July 20, 2006,
``Fencing the Border: Construction Options and
Strategic Placement.''
Hurtt, Chief Harold, Houston Police Department, City of
Houston, State of Texas. Subcommittee on
Investigations, August 16, 2006, field hearing in
Houston, Texas, ``Criminal Activity and Violence Along
the Southern Border.''
Hutchison, Hon. Asa, Chairman of the Homeland Security
Practice, Veneble, LLC. Subcommittee on Management,
Integration, and Oversight, April 20, 2005,
``Management Challenges Facing the Department of
Homeland Security.''
I
Ikle, Dr. Fred, Center for Strategic and International Studies.
Subcommittee on Prevention of Nuclear and Biological
Attack, April 19, 2005, ``DHS Coordination of Nuclear
Detection Efforts.''
Isom, Robert, Senior Vice President, Customer Service,
Northwest Airlines, Inc. Subcommittee on Economic
Security, Infrastructure Protection, and Cybersecurity,
June 9, 2005, ``The Promise of Registered Traveler.''
J
Jackson, Gary, President, Blackwater USA. Subcommittee on
Management, Integration, and Oversight, May 24, 2005,
``Training More Border Agents: How the Department of
Homeland Security Can Increase Training Capacity More
Effectively.''
Jackson, Hon. Michael P., Deputy Secretary, Department of
Homeland Security. Subcommittee on Emergency
Preparedness, Science, and Technology of the Committee
on Homeland Security and the Subcommittee on Terrorism,
Unconventional Threats and Capabilities of the
Committee on Armed Services, November 9, 2005,
``Responding to Catastrophic Events: the Role of the
Military and National Guard in Disaster Response.''
Jacksta, Robert, Executive Director, Border Security and
Facilitation, Office of Field Operations, U.S. Customs
and Border Protection, Department of Homeland Security.
Subcommittee on Economic Security, Infrastructure
Protection, and Cybersecurity, May 19, 2005, H.R. 1509,
the Recreational Boaters Streamlined Inspection Act.
Jagim, Mary, Member, Emergency Nurses Association. Subcommittee
on Emergency Preparedness, Science, and Technology,
July 26, 2006, ``Emergency Care Crisis: A Nation
Unprepared for Public Health Disasters.''
Jamison, Robert, Deputy Administrator, Federal Transit
Administration. Subcommittee on Emergency Preparedness,
Science, and Technology, July 26, 2005, ``The London
Attacks: Training to Respond in a Mass Transit
Environment.'' Subcommittee on Economic Security,
Infrastructure Protection, and Cybersecurity, October
20, 2005, ``The London Bombings: Protecting Civilian
Targets from Terrorist Attacks.''
Jardines, Eliot, President, Open Source Publishing, Inc.
Subcommittee on Intelligence, Information Sharing, and
Terrorism Risk Assessment, June 21, 2005, ``Using Open-
Source Information Effectively.''
Jenkins, Calvin, Deputy to the Associate Deputy Administrator,
Small Business Administration. Subcommittee on
Management, Integration, and Oversight, June 15, 2006,
``An Examination of the Department of Homeland
Security's Procurement Process Regarding Its Contracts
with Shirlington Limousine and Transportation, Inc.''
Jenkins, Dr. William O., Jr., Director, Homeland Security and
Justice Issues, Government Accountability Office.
Subcommittee on Emergency Preparedness, Science, and
Technology, April 12, 2005, ``The Need for Grant Reform
and The Faster and Smarter Funding for First Responders
Act of 2005.'' Full Committee, May 9, 2006, proposed
legislation to strengthen FEMA and better integrate it
into the Department of Homeland Security, and for other
purposes.
Jernigan, D'Wayne, Sheriff, Val Verde County, State of Texas.
Subcommittee on Investigations, August 16, 2006, field
hearing in Houston, Texas, ``Criminal Activity and
Violence Along the Southern Border.''
Johnson, Gregory, President, Chapter 164, National Treasury
Employees Union. Subcommittee on Economic Security,
Infrastructure Protection, and Cybersecurity and the
Subcommittee on Emergency Preparedness, Science and
Technology, August 8, 2006, field hearing in
Bellingham, Washington, ``Assessment of Risks at the
Northern Border and the Infrastructure Necessary to
Address Those Risks.''
Joyce, James A., Chairman and Chief Executive Officer, Aethlon
Medical, Inc. Subcommittee on Emergency Preparedness,
Science, and Technology, July 12, 2005, ``Project
BioShield: Linking Bioterrorism Threats and
Countermeasure Procurement to Enhance Terrorism
Preparedness.''
Juzaitis, Dr. Raymond J., Associate Director, Nonproliferation,
Arms Control, and International Security, Lawrence
Livermore National Laboratory, University of
California. Subcommittee on Prevention of Nuclear and
Biological Attack, September 22, 2005, ``Trends in
Illicit Movement of Nuclear Materials.''
K
Kasinitz, Barry, Director, Governmental/Legislative Affairs,
International Association of Fire Fighters. Full
Committee, May 9, 2006, proposed legislation to
strengthen FEMA and better integrate it into the
Department of Homeland Security, and for other
purposes.
Kelley, Colleen M., President, National Treasury Employees
Union. Subcommittee on Management, Integration, and
Oversight, May 18, 2006, ``Retention, Security
Clearances, Morale, and Other Human Capital Challenges
Facing the Department of Homeland Security.''
Kelly, Raymond W., Commissioner, Police Department, City of New
York. Full Committee, June 21, 2006, ``DHS Terrorism
Preparedness Grants: Risk-Based or Guess-Work?''
Subcommittee on Emergency Preparedness, Science, and
Technology and the Subcommittee on Management,
Integration, and Oversight, June 23, 2005, ``The
National Training Program: Is Anti-Terrorism Training
for First Responders Efficient and Effective?''
Kempf, Steve, Regional Director, Region II, Federal Emergency
Management Agency, Department of Homeland Security.
Subcommittee on Emergency Preparedness, Science, and
Technology, field hearing in Wayne, New Jersey, June
26, 2006, ``Preparing for, Responding to, and
Preventing Terrorist Attacks, Natural Disasters and
Other Emergencies: Is Northern New Jersey Ready?''
Khripunov, Dr. Igor, Associate Director, Center for
International Trade and Security, University of
Georgia. Subcommittee on Prevention of Nuclear and
Biological Attack, June 22, 2006, ``Reducing Nuclear
and Biological Threats at the Source.''
Kilcoyne, Paul M., Deputy Assistant Director, Office of
Investigations, U.S. Immigration and Customs
Enforcement, Department of Homeland Security
Subcommittee on Management, Integration, and Oversight,
July 27, 2005, ``The 287(g) Program: Ensuring the
Integrity of America's Border Security System through
Federal-State Partnerships.''
Killen, Chief William D., President, International Association
of Fire Chiefs. Subcommittee on Emergency Preparedness,
Science, and Technology, September 29, 2005, ``Incident
Command, Control, and Communications during
Catastrophic Events.''
King, Dr. Lonnie, Senior Veterinarian, Centers for Disease
Control and Prevention, U.S. Department of Health and
Human Services. Subcommittee on Prevention of Nuclear
and Biological Attack, August 24, 2006,
``Agroterrorism's Perfect Storm: Where Human and Animal
Disease Collide.''
King, Hon. Steve, a Representative in Congress from the State
of Iowa. Subcommittee on Economic Security,
Infrastructure Protection, and Cybersecurity of the
Committee on Homeland Security and the Subcommittee on
Criminal Justice, Drug Policy, and Human Resources of
the Committee on Government Reform, July 20, 2006,
``Fencing the Border: Construction Options and
Strategic Placement.''
Klug, Kenneth C., Former Special Agent in Charge, U.S.
Immigration and Customs Enforcement, Department of
Homeland Security. Subcommittee on Management,
Integration, and Oversight, March 9, 2005, ``CBP and
ICE: Does the Current Organizational Structure Best
Serve U.S. Homeland Security Interests?''
Kneuer, John M.R., Acting Assistant Secretary, National
Telecommunications and Information Administration, U.S.
Department of Commerce. Subcommittee on Emergency
Preparedness, Science, and Technology, April 25, 2006,
``The State of Interoperable Communications:
Perspectives on Federal Coordination of Grants,
Standards, and Technology.''
Knipling, Dr. Edward, Administrator, Agricultural Research
Service, Department of Agriculture. Subcommittee on
Prevention of Nuclear and Biological Attack, August 24,
2006, ``Agroterrorism's Perfect Storm: Where Human and
Animal Disease Collide.''
Knutson, Donna, M.S., Deputy Director, Coordinating Office for
Terrorism Preparedness and Emergency Response, Centers
for Disease Control and Prevention, Department of
Health and Human Services. Subcommittee on Emergency
Preparedness, Science, and Technology, and the
Subcommittee on Management, Integration, and Oversight,
June 29, 2005, ``The National Training Program: Is
Anti-Terrorism Training for First Responders Efficient
and Effective?, Part II.''
Kobach, Dr. Kris W., Professor, University of Missouri-Kansas
City School of Law. Subcommittee on Management,
Integration, and Oversight, July 27, 2005, ``The 287(g)
Program: Ensuring the Integrity of America's Border
Security System through Federal-State Partnerships.''
Kolander, Candace, Flight Attendant, Alaska Air, Association of
Flight Attendants--Communication Workers of America
(AFA-CWA). Subcommittee on Economic Security,
Infrastructure Protection, and Cybersecurity, May 13,
2005, ``The Transportation Security Administration's
Screening of Airline Pilots: Sound Security Practice or
Waste of Scarce Resources?''
Kontny, David, Director, National Explosives Detection Canine
Team Program, Transportation Security Administration,
Department of Homeland Security. Subcommittee on
Management, Integration, and Oversight, September 28,
2005, ``Sniffing Out Terrorism: The Use of Dogs in
Homeland Security.''
Kozub, Christopher, Associate Director, National Transit
Institute. Subcommittee on Emergency Preparedness,
Science, and Technology, July 26, 2005, ``The London
Attacks: Training to Respond in a Mass Transit
Environment.''
Krol, Joseph, Associate Administrator, National Nuclear
Security Administration, Department of Energy.
Subcommittee on Prevention of Nuclear and Biological
Attack, October 27, 2005, ``Nuclear Incident Response
Teams.''
Krug, Dr. Steven, Chairman, Committee on Pediatric Emergency
Medicine, American Academy of Pediatrics. Subcommittee
on Emergency Preparedness, Science, and Technology,
July 26, 2006, ``Emergency Care Crisis: A Nation
Unprepared for Public Health Disasters.''
Kubricky, Dr. John, Director, Office of Systems Engineering and
Development, Science and Technology Directorate,
Department of Homeland Security. Subcommittee on
Emergency Preparedness, Science, and Technology and the
Subcommittee on Terrorism, Unconventional Threats and
Capabilities of the Committee on Armed Services, July
21, 2005, ``Technology Transfer: Leveraging Military
Technology to Enhance Homeland Security.''
Kurtz, Paul B., Executive Director, Cyber Security Industry
Alliance. Subcommittee on Economic Security,
Infrastructure Protection, and Cybersecurity, April 20,
2005, H.R. 285, the Department of Homeland Security
Cybersecurity Enhancement Act of 2005. Subcommittee on
Economic Security, Infrastructure Protection, and
Cybersecurity, September 13, 2006, ``The Future of
Cyber and Telecommunications Security at the Department
of Homeland Security.''
Kutz, Gregory D., Managing Director, Forensic Audits and
Special Investigations, Government Accountability
Office, accompanied by: Special Agent John J. Ryan,
Assistant Director, Forensic Audits and Special
Investigations, Government Accountability Office.
Subcommittee on Investigations, June 14, 2006, ``Waste,
Fraud and Abuse in the Aftermath of Hurricane
Katrina.'' Subcommittee on Management, Integration, and
Oversight, July 12, 2006, ``Federal 9/11 Assistance to
New York: Lessons Learned in Fraud Detection,
Prevention, and Control: Part 1--Response.''
L
Larsen, Col. Randy, (Ret.) Chief Executive Officer, Homeland
Security Associates, LLC. Subcommittee on Prevention of
Nuclear and Biological Attack, April 19, 2005, ``DHS
Coordination of Nuclear Detection Efforts.''
Laizure, Michael, Owner-Operator, Time Critical Ordnance
Transport, testifying on behalf of the Owner-Operator
Independent Drivers Association. Subcommittee on
Economic Security, Infrastructure Protection, and
Cybersecurity, November 1, 2005, ``Reforming HAZMAT
Trucking Security.''
Lee, Dr. Rensselaer, President, Global Advisory Service.
Subcommittee on Prevention of Nuclear and Biological
Attack, September 22, 2005, ``Trends in Illicit
Movement of Nuclear Materials.''
Legarreta, Esequiel, Deputy Sheriff, Hudspeth County, State of
Texas. Subcommittee on Investigations, February 7,
2006, ``Armed and Dangerous: Confronting the Problem of
Border Incursions.''
Lehman, Ambassador Ronald F., II, Director, Center for Global
Security Research. Subcommittee on Prevention of
Nuclear and Biological Attack, May 26, 2005, ``Building
a Nuclear Bomb: Identifying Early Indicators of
Terrorist Activities.''
Lennon, Paul, Director of Intelligence and Emergency
Preparedness Management, Los Angeles County
Metropolitan Transit Authority. Subcommittee on
Emergency Preparedness, Science, and Technology, July
26, 2005, ``The London Attacks: Training to Respond in
a Mass Transit Environment.''
Lemack, Carie, Co-Founder, Families of September 11.
Subcommittee on Management, Integration, and Oversight,
July 12, 2006, ``Federal 9/11 Assistance to New York:
Lessons Learned in Fraud Detection, Prevention, and
Control: Part 1--Response.''
Lenkart, Steven V., Director of Legislative Affairs,
International Brotherhood of Police Officers. Full
Committee, May 9, 2006, proposed legislation to
strengthen FEMA and better integrate it into the
Department of Homeland Security, and for other
purposes.
Lewis, Christopher, M., Vice President of Alternative Market
Solutions, P&C Capital Management, the Hartford
Financial Services Group, Inc. Subcommittee on
Intelligence, Information Sharing, and Terrorism Risk
Assessment of the Committee on Homeland Security and
the Subcommittee on Oversight and Investigations of the
Committee on Financial Services, July 25, 2006,
``Terrorism Threats and the Insurance Market.''
Lewis, John, Deputy Assistant Director, Federal Bureau of
Investigation, Department of Justice. Subcommittee on
Prevention of Nuclear and Biological Attack, October
27, 2005, ``Nuclear Incident Response Teams.''
Lewis-Pickett, Linda, President and CEO, American Association
of Motor Vehicle Administrators. Subcommittee on
Economic Security, Infrastructure Protection, and
Cybersecurity, November 1, 2005, ``Reforming HAZMAT
Trucking Security.''
Liebersbach, David E., Immediate Past President, National
Emergency Management Association. Subcommittee on
Emergency Preparedness, Science, and Technology,
September 29, 2005, ``Incident Command, Control, and
Communications during Catastrophic Events.''
Linderman, Diane, Director-at-Large, Public Works Management/
Leadership, American Public Works Association.
Subcommittee on Emergency Preparedness, Science, and
Technology, February 15, 2006, ``The State of
Interoperable Communications: Perspectives from the
Field.''
Loehr, Michael, Director of Preparedness, Public Health--
Seattle and King County, Washington. Subcommittee on
Emergency Preparedness, Science, and Technology, April
12, 2006, field hearing in Orting, Washington,
``Emergency Planning and Preparedness: Federal, State,
and Local Coordination.''
Lord, Gregg, Director, National Association of Emergency Medial
Technicians, Division Chief--EMS, Cherokee County Fire-
Emergency Services. Full Committee, April 14, 2005,
``Grant Reform: The Faster and Smarter Funding for
First Responders Act of 2005.''
Lovegrove, Brett, Superintendent, Anti-Terrorism Branch, City
of London Police, London, United Kingdom of Great
Britain and Northern Ireland. Subcommittee on
Prevention of Nuclear and Biological Attack, September
21, 2006, ``Police as First Preventers: Local
Strategies in the War on Terror.''
Lowell, Dr. Jeffrey A., Professor of Surgery and Pediatrics,
Washington University School of Medicine. Subcommittee
on Management, Integration, and Oversight, October 27,
2005, ``The Department of Homeland Security Second-
Stage Review: The Role of the Chief Medical Officer.''
Lowenberg, Major General Timothy J., Adjutant General of
Washington, Washington National Guard. Subcommittee on
Economic Security, Infrastructure Protection, and
Cybersecurity and the Subcommittee on Emergency
Preparedness, Science and Technology, August 8, 2006,
field hearing in Bellingham, Washington, ``Assessment
of Risks at the Northern Border and the Infrastructure
Necessary to Address Those Risks.''
Lowery, Clay, Assistant Secretary for International Affairs,
Department of the Treasury. Full Committee, May 24,
2006, ``The Need for CFIUS to Address Homeland Security
Concerns.''
Lowy, Peter, Chief Executive Officer, Westfield America, Inc.
Subcommittee on Economic Security, Infrastructure
Protection, and Cybersecurity, September 7, 2005, ``The
London Bombings: Protecting Civilian Targets from
Terrorist Attacks.''
M
MacCarthy, Mark, Senior Vice President for Public Policy, Visa
U.S.A. Subcommittee on Management, Integration, and
Oversight, April 14, 2005, ``The Need to Strengthen
Information Security at the Department of Homeland
Security.''
MacDougall, Dr. Alan, Chief, Counterproliferation Support
Office, Defense Intelligence Agency Subcommittee on
Prevention of Nuclear and Biological Attack, May 4,
2006, ``BioScience and the Intelligence Community (Part
II): Closing the Gap.''
Martin, Kevin J., Chairman, Federal Communications Commission.
Subcommittee on Emergency Preparedness, Science, and
Technology, April 6, 2006, ``The State of Interoperable
Communications: Federal Coordination of
Interoperability Efforts and Investments.''
Madar, Scott, Assistant Director, Safety and Health Department,
International Brotherhood of Teamsters. Subcommittee on
Economic Security, Infrastructure Protection, and
Cybersecurity, November 1, 2005, ``Reforming HAZMAT
Trucking Security.''
Madsen, Joe, Director, Safety & Risk Management, Spokane Public
Schools, Spokane, Washington. Subcommittee on Economic
Security, Infrastructure Protection, and Cybersecurity,
September 7, 2005, ``The London Bombings: Protecting
Civilian Targets from Terrorist Attacks.''
Malesky, Colonel Russell, Counter-Drug Commander, Texas
National Guard. Subcommittee on Investigations, August
16, 2006, field hearing in Houston, Texas, ``Criminal
Activity and Violence Along the Southern Border.''
Maloney, Hon. Carolyn B., a Representative in Congress from the
State of New York. Full Committee, May 24, 2006, ``The
Need for CFIUS to Address Homeland Security Concerns.''
Mann, Carl, Chief Inspector, Office of Inspections and Special
Reviews, Office of Inspector General, Department of
Homeland Security. Subcommittee on Management,
Integration, and Oversight, December 16, 2005,
``Mismanagement of the Border Surveillance System and
Lessons for the New Secure Border Initiative.''
Subcommittee on Economic Security, Infrastructure
Protection, and Cybersecurity of the Committee on
Homeland Security and the Subcommittee on Criminal
Justice, Drug Policy, and Human Resources of the
Committee on Government Reform, July 20, 2006,
``Fencing the Border: Construction Options and
Strategic Placement.''
Marburger, Dr. John, Director, Office of Science and Technology
Policy, Executive Office of the President. Subcommittee
on Prevention of Nuclear and Biological Attack,
September 14, 2006, ``The Science of Prevention.''
Markheim, Daniella, Jay Van Andel Senior Analyst in Trade
Policy, Center for International Trade and Economics,
the Heritage Foundation. Full Committee, May 24, 2006,
``The Need for CFIUS to Address Homeland Security
Concerns.''
Martin, John, Director, San Francisco International Airport.
Subcommittee on Economic Security, Infrastructure
Protection, and Cybersecurity, July 28, 2005,
``Improving Management of the Aviation Screening
Workforce.''
May, James C., President and Chief Executive Officer, Air
Transport Association. Subcommittee on Economic
Security, Infrastructure Protection, and Cybersecurity,
June 29, 2005, ``Improving Pre-Screening of Aviation
Passengers against Terrorist and Other Watch Lists.''
Mayer, Matt A., Acting Executive Director, Office of State and
Local Government Coordination and Preparedness,
Department of Homeland Security. Subcommittee on
Emergency Preparedness, Science, and Technology,
February 10, 2005, ``The Proposed Fiscal Year 2006
Budget: Enhancing Terrorism Preparedness for First
Responders.'' Subcommittee on Emergency Preparedness,
Science, and Technology, and the Subcommittee on
Management, Integration, and Oversight, June 29, 2005,
``The National Training Program: Is Anti-Terrorism
Training for First Responders Efficient and Effective?,
Part II.''
Mayne, Art, Specifications Writer, Merchants Metals.
Subcommittee on Economic Security, Infrastructure
Protection, and Cybersecurity of the Committee on
Homeland Security and the Subcommittee on Criminal
Justice, Drug Policy, and Human Resources of the
Committee on Government Reform, July 20, 2006,
``Fencing the Border: Construction Options and
Strategic Placement.''
McCraw, Steve, Homeland Security Director, Office of the
Governor, State of Texas. Subcommittee on
Investigations, August 16, 2006, field hearing in
Houston, Texas, ``Criminal Activity and Violence Along
the Southern Border.''
McElwee, Jerry W., Vice President SBInet, Boeing Advanced
Systems. Subcommittee on Management, Integration, and
Oversight, November 15, 2006, ``The Secure Border
Initiative: Ensuring Effective Implementation and
Financial Accountability of SBInet.''
McGowan, Deirdre, Executive Director, Inland Rivers, Ports and
Terminals Association Full Committee, March 22, 2005,
``Protecting Our Commerce: Port and Waterways
Security.''
McGowan, Patrick D., Chairman, Weapons of Mass Destruction
Committee, National Sheriff's Association; Captain Jack
Reall, National Fire Academy Board of Visitors.
Subcommittee on Emergency Preparedness, Science, and
Technology and the Subcommittee on Management,
Integration, and Oversight, June 23, 2005, ``The
National Training Program: Is Anti-Terrorism Training
for First Responders Efficient and Effective?''
McGuire, Robert, Associate Administrator, Pipeline & Hazardous
Materials Safety Administration, Department of
Transportation. Subcommittee on Economic Security,
Infrastructure Protection, and Cybersecurity, November
1, 2005, ``Reforming HAZMAT Trucking Security.''
McHale, Hon. Paul, Assistant Secretary of Defense, Homeland
Defense, Department of Defense. Subcommittee on
Emergency Preparedness, Science, and Technology of the
Committee on Homeland Security and the Subcommittee on
Terrorism, Unconventional Threats and Capabilities of
the Committee on Armed Services, November 9, 2005,
``Responding to Catastrophic Events: the Role of the
Military and National Guard in Disaster Response.''
McMahon, James W., Director, New York State Office of Homeland
Security. Subcommittee on Prevention of Nuclear and
Biological Attack, December 14, 2005, H.R. 3197, the
Secure Handling of Ammonium Nitrate Act of 2005.
McNamara, Ambassador Ted, Information Sharing Program Manager,
Office of the Director of National Intelligence.
Subcommittee on Intelligence, Information Sharing, and
Terrorism Risk Assessment, May 10, 2006, ``Building the
Information Sharing Environment: Addressing the
Challenges of Implementation.''
McTigue, Hon. Maurice P., Distinguished Visiting Fellow,
Director, Government Accountability Project, Mercatus
Center, George Mason University. Subcommittee on
Management, Integration, and Oversight, Wednesday, June
29, 2005, ``Transforming the Department of Homeland
Security Through Mission-based Budgeting.''
Meldon, Michael M., Executive Director, Homeland Security and
Defense Business Council. Subcommittee on Management,
Integration, and Oversight and the Subcommittee on
Emergency Preparedness, Science and Technology,
September 13, 2006, ``Helping Business Protect the
Homeland: Is the Department of Homeland Security
Effectively Implementing the SAFETY Act?''
Menchini, Hon. Gino, Commissioner, Department of Information
Technology and Telecommunications, City of New York,
State of New York. Subcommittee on Emergency
Preparedness, Science, and Technology, March 1, 2006,
``The State of Interoperable Communications:
Perspectives from State and Local Governments.''
Metzger, Carl J., Director, Government Results Center.
Subcommittee on Management, Integration, and Oversight,
June 29, 2005, ``Transforming the Department of
Homeland Security Through Mission-based Budgeting.''
Mildenberger, Eileen, Chief Operating Officer, Empire State
Development Corporation. Subcommittee on Management,
Integration, and Oversight, July 13, 2006, ``Federal 9/
11 Assistance to New York: Lessons Learned in Fraud
Detection, Prevention, and Control: Part 2--Recovery.''
Millar, Bill, President, American Public Transportation
Association. Subcommittee on Economic Security,
Infrastructure Protection, and Cybersecurity, September
7, 2005, ``The London Bombings: Protecting Civilian
Targets from Terrorist Attacks.''
Miller, Dr. David L., Administrator, Iowa Homeland Security and
Emergency Management Division. Subcommittee on
Emergency Preparedness, Science, and Technology, April
12, 2005, ``The Need for Grant Reform and The Faster
and Smarter Funding for First Responders Act of 2005.''
Miller, Harris, President, Information Technology Association
of America. Subcommittee on Economic Security,
Infrastructure Protection, and Cybersecurity, April 20,
2005, H.R. 285, the Department of Homeland Security
Cybersecurity Enhancement Act of 2005.
Miiller, Tom, General Counsel, L-3 Services Group. Subcommittee
on Management, Integration, and Oversight, November 15,
2006, ``The Secure Border Initiative: Ensuring
Effective Implementation and Financial Accountability
of SBInet.''
Mitchell, Hon. David B., Secretary, Department of Safety and
Homeland Security, State of Delaware. Subcommittee on
Emergency Preparedness, Science, and Technology and the
Subcommittee on Prevention of Nuclear and Biological
Attack, February 8, 2006, ``Protecting the Homeland:
Fighting Pandemic Flu From the Front Lines.''
Mitzel, William, MS, ARM, ALCM, Risk Control Specialist, Home
Office Commercial Lines, Unigard Insurance Group.
Subcommittee on Emergency Preparedness, Science, and
Technology, April 12, 2006, field hearing in Orting,
Washington, ``Emergency Planning and Preparedness:
Federal, State, and Local Coordination.''
Moore, Timothy, Director of Federal Programs, National
Agricultural Biosecurity Center, Kansas State
University. Subcommittee on Management, Integration,
and Oversight , October 27, 2005, ``The Department of
Homeland Security Second-Stage Review: The Role of the
Chief Medical Officer.''
Moran, Kenneth P., Director, Office of Homeland Security,
Enforcement Bureau, Federal Communications Commission.
Subcommittee on Emergency Preparedness, Science, and
Technology, October 26, 2005, ``Ensuring Operability
During Catastrophic Events.'' Subcommittee on Emergency
Preparedness, Science, and Technology, April 25, 2006,
``The State of Interoperable Communications:
Perspectives on Federal Coordination of Grants,
Standards, and Technology.''
Morange, William A., Deputy Executive Director/Director of
Security, State of New York. Subcommittee on Emergency
Preparedness, Science, and Technology, July 26, 2005,
``The London Attacks: Training to Respond in a Mass
Transit Environment.''
Morgan, John, Assistant Director for Science and Technology,
National Institute of Justice, Department of Justice.
Subcommittee on Emergency Preparedness, Science, and
Technology, April 25, 2006, ``The State of
Interoperable Communications: Perspectives on Federal
Coordination of Grants, Standards, and Technology.''
Moriarity, Dr. C. Michael, Associate Provost and Vice President
for Research, Auburn University. Subcommittee on
Management, Integration, and Oversight, September 28,
2005, ``Sniffing Out Terrorism: The Use of Dogs in
Homeland Security.''
Moriarty, John, Inspector General, Department of Criminal
Justice, State of Texas. Subcommittee on
Investigations, August 16, 2006, field hearing in
Houston, Texas, ``Criminal Activity and Violence Along
the Southern Border.''
Moroney, William, President and Chief Executive Officer, United
Telecom Council. Subcommittee on Emergency
Preparedness, Science, and Technology, February 15,
2006, ``The State of Interoperable Communications:
Perspectives from the Field.''
Morr, Karen T., Acting Assistant Secretary, Office of
Information Analysis, Information Analysis and
Infrastructure Protection Directorate, Department of
Homeland Security. Subcommittee on Emergency
Preparedness, Science, and Technology, July 12, 2005,
``Project BioShield: Linking Bioterrorism Threats and
Countermeasure Procurement to Enhance Terrorism
Preparedness.''
Moss, Frank, Deputy Assistant Secretary, Consular Affairs,
Department of State. Subcommittee on Economic Security,
Infrastructure Protection, and Cybersecurity, June 22,
2005, ``Ensuring the Security of America's Borders
through the Use of Biometric Passports and Other
Identity Documents.''
Mullen, James, Director, Emergency Management Division,
Washington Military Department. Subcommittee on
Emergency Preparedness, Science, and Technology, April
12, 2006, field hearing in Orting, Washington,
``Emergency Planning and Preparedness: Federal, State,
and Local Coordination.''
Myers, Julie L., Assistant Secretary, Immigration and Customs
Enforcement, Department of Homeland Security.
Subcommittee on Management, Integration, and Oversight,
May 11, 2006, ``CBP and ICE: Does the Current
Organizational Structure Best Serve U.S. Homeland
Security Interests? Part III.''
N
Napolitano, Hon. Janet, Governor, State of Arizona. Full
Committee, October 19, 2005, ``Federalism and Disaster
Response: Examining the Roles and Responsibilities of
Local, State, and Federal Agencies.''
Nestor, Michael, Director, Office of Investigations, Port
Authority of New York and New Jersey. Subcommittee on
Management, Integration, and Oversight, July 13, 2006,
``Federal 9/11 Assistance to New York: Lessons Learned
in Fraud Detection, Prevention, and Control: Part 3--
Rebuilding.''
Nixon, Dennis, Chairman, International Bank of Commerce.
Subcommittee on Investigations, August 16, 2006, field
hearing in Houston, Texas, ``Criminal Activity and
Violence Along the Southern Border.''
Norton, Michael, Managing Director of Global Property
Management, Tishman Speyer Properties. Subcommittee on
Economic Security, Infrastructure Protection, and
Cybersecurity, September 7, 2005, ``The London
Bombings: Protecting Civilian Targets from Terrorist
Attacks.''
O
O'Brien, Major Michael, Sheriff's Office, Harris County, State
of Texas. Subcommittee on Investigations, August 16,
2006, field hearing in Houston, Texas, ``Criminal
Activity and Violence Along the Southern Border.''
O'Connell, Cynthia, Acting Director, Office of Intelligence,
Immigration and Customs Enforcement, Department of
Homeland Security. Subcommittee on Intelligence,
Information Sharing, and Terrorism Risk Assessment,
June 28, 2006, ``DHS Intelligence and Border Security:
Delivering Operational Intelligence.''
O'Connor, Kevin B., Associate to the General President,
International Association of Fire Fighters. Full
Committee, April 14, 2005, ``Grant Reform: The Faster
and Smarter Funding for First Responders Act of 2005.''
O'Hanlon, Michael, Senior Fellow in Foreign Policy Studies,
Brookings Institution. Subcommittee on Intelligence,
Information Sharing, and Terrorism Risk Assessment,
June 28, 2006, ``DHS Intelligence and Border Security:
Delivering Operational Intelligence.''
O'Neill, William Paul, Jr., President, International Raw
Materials, testifying on behalf of Agricultural
Retailers Association. Subcommittee on Prevention of
Nuclear and Biological Attack, December 14, 2005, H.R.
3197, the Secure Handling of Ammonium Nitrate Act of
2005.
O'Toole, Dr. Tara, Chief Executive Officer and Director, Center
for Biosecurity, University of Pittsburgh Medical
Center. Subcommittee on Emergency Preparedness,
Science, and Technology and the Subcommittee on
Prevention of Nuclear and Biological Attack, February
8, 2006, ``Protecting the Homeland: Fighting Pandemic
Flu From the Front Lines.''
Oberman, Justin, Assistant Administrator, Secure Flight and
Registered Traveler, Department of Homeland Security.
Subcommittee on Economic Security, Infrastructure
Protection, and Cybersecurity, June 29, 2005,
``Improving Pre-Screening of Aviation Passengers
against Terrorist and Other Watch Lists.''
Oberman, Justin, Assistant Director, Transportation Threat
Assessment & Credentialing, Transportation Security
Administration, Department of Homeland Security.
Subcommittee on Economic Security, Infrastructure
Protection, and Cybersecurity, November 1, 2005,
``Reforming HAZMAT Trucking Security.''
Onek, Joe, Senior Policy Analyst, Open Society Institute.
Subcommittee on Intelligence, Information Sharing, and
Terrorism Risk Assessment, June 21, 2005, ``Using Open-
Source Information Effectively.''
Orr, Dereck, Program Manager, Public Safety Communications
Systems, National Institute of Standards and
Technology. Subcommittee on Emergency Preparedness,
Science, and Technology, April 25, 2006, ``The State of
Interoperable Communications: Perspectives on Federal
Coordination of Grants, Standards, and Technology.''
Oxford, Vayl, Acting Director, Domestic Nuclear Detection
Office, Department of Homeland Security. Subcommittee
on Prevention of Nuclear and Biological Attack, April
20, 2005, ``DHS Coordination of Nuclear Detection
Efforts.'' Subcommittee on Prevention of Nuclear and
Biological Attack, May 25, 2006, ``Enlisting Foreign
Cooperation in U.S. Efforts to Prevent Nuclear
Smuggling.'' Subcommittee on Prevention of Nuclear and
Biological Attack and the Subcommittee on Emergency
Preparedness, Science, and Technology, June 21, 2005,
``Detecting Nuclear Weapons and Radiological Materials:
How Effective Is Available Technology?'' Subcommittee
on Prevention of Nuclear and Biological Attack,
September 13, 2006, ``The Science of Prevention.''
Oxley, Dr. Jimmie C., Professor of Chemistry, University of
Rhode Island. Subcommittee on Prevention of Nuclear and
Biological Attack, December 14, 2005, H.R. 3197, the
Secure Handling of Ammonium Nitrate Act of 2005.
P
Paller, Alan, Director of Research, The SANS Institute.
Subcommittee on Economic Security, Infrastructure
Protection, and Cybersecurity and the Subcommittee on
Emergency Preparedness, Science, and Technology,
October 18, 2005, ``SCADA and the Terrorist Threat:
Protecting the Nation's Critical Control Systems.''
Paul, Jerry, Principal Deputy Administrator, National Nuclear
Security Administration, Department of Energy.
Subcommittee on Prevention of Nuclear and Biological
Attack, June 22, 2006, ``Reducing Nuclear and
Biological Threats at the Source.''
Paulison, David, R., Administrator, U.S. Fire Administration,
Department of Homeland Security. Subcommittee on
Emergency Preparedness, Science, and Technology, and
the Subcommittee on Management, Integration, and
Oversight, June 29, 2005, ``The National Training
Program: Is Anti-Terrorism Training for First
Responders Efficient and Effective?, Part II.''
Pastor, Sheriff Paul A., Jr., Pierce County Sheriff's Office,
State of Washington. Subcommittee on Emergency
Preparedness, Science, and Technology, April 12, 2006,
field hearing in Orting, Washington, ``Emergency
Planning and Preparedness: Federal, State, and Local
Coordination.''
Patrick, Connie, Director, Federal Law Enforcement Training
Center, Department of Homeland Security. Subcommittee
on Management, Integration, and Oversight, May 24,
2005, ``Training More Border Agents: How the Department
of Homeland Security Can Increase Training Capacity
More Effectively.''
Parker, Louis, President and Chief Executive Officer, General
Electric Security. Subcommittee on Economic Security,
Infrastructure Protection, and Cybersecurity, July 13,
2005, ``Leveraging Technology to Improve Aviation
Security.''
Payton, Sue, Deputy Under Secretary of Defense for Advanced
Systems and Concepts, Department of Defense.
Subcommittee on Emergency Preparedness, Science, and
Technology and the Subcommittee on Terrorism,
Unconventional Threats and Capabilities of the
Committee on Armed Services, July 21, 2005,
``Technology Transfer: Leveraging Military Technology
to Enhance Homeland Security.''
Pease, Bruce, Director, Weapons Intelligence, Nonproliferation
and Arms Control, Central Intelligence Agency.
Subcommittee on Prevention of Nuclear and Biological
Attack, May 4, 2006, ``BioScience and the Intelligence
Community (Part II): Closing the Gap.''
Peed, Carl, Executive Director, Office of Community Oriented
Policing Services (COPS), Department of Justice.
Subcommittee on Emergency Preparedness, Science, and
Technology, April 6, 2006, ``The State of Interoperable
Communications: Federal Coordination of
Interoperability Efforts and Investments.''
Subcommittee on Emergency Preparedness, Science, and
Technology, April 25, 2006, ``The State of
Interoperable Communications: Perspectives on Federal
Coordination of Grants, Standards, and Technology.''
Pelgrin, William, Director, New York State Office of Cyber
Security and Critical Infrastructure. Subcommittee on
Economic Security, Infrastructure Protection, and
Cybersecurity, September 13, 2006, ``The Future of
Cyber and Telecommunications Security at the Department
of Homeland Security.''
Pellegrino, Greg, Global Managing Director--Public Sector,
Deloitte Touche Tohmatsu. Subcommittee on Management,
Integration, and Oversight, June 16, 2005,
``Mismanagement of the Border Surveillance System and
Lessons for the New America's Shield Initiative.''
Pena, Alonzo, Special-Agent-in-Charge, Immigration and Customs
Enforcement, Department of Homeland Security.
Subcommittee on Investigations, August 16, 2006, field
hearing in Houston, Texas, ``Criminal Activity and
Violence Along the Southern Border.''
Pentimonti, Eugene, Senior Vice President, Government
Relations, MAERSK Inc. Subcommittee on Economic
Security, Infrastructure Protection, and Cybersecurity,
March 16, 2006, H.R. 4954, to improve maritime and
cargo security through enhanced layered defenses, and
for other purposes.
Perry, Casey L., Trooper, Wisconsin State Patrol, Chairman,
National Troopers Coalition. Subcommittee on Emergency
Preparedness, Science, and Technology, February 15,
2006, ``The State of Interoperable Communications:
Perspectives from the Field.''
Perry, Rick, Governor, State of Texas. Full Committee, October
19, 2005, ``Federalism and Disaster Response: Examining
the Roles and Responsibilities of Local, State, and
Federal Agencies.''
Phares, Dr. Walid, Senior Fellow, Foundation for the Defense of
Democracies. Subcommittee on Intelligence, Information
Sharing, and Terrorism Risk Assessment, September 20,
2006, ``The Homeland Security Implications of
Radicalization.''
Phillips, Frances B., RN, MHA, Health Officer, Anne Arundel
County, Maryland Department of Health. Subcommittee on
Emergency Preparedness, Science, and Technology and the
Subcommittee on Prevention of Nuclear and Biological
Attack, February 8, 2006, ``Protecting the Homeland:
Fighting Pandemic Flu From the Front Lines.''
Picciano, Joe, Deputy Director for Region II, Federal Emergency
Management Agency, Department of Homeland Security.
Subcommittee on Management, Integration, and Oversight,
July 12, 2006, ``Federal 9/11 Assistance to New York:
Lessons Learned in Fraud Detection, Prevention, and
Control: Part 1--Response.''
Pinsky, Dr. William W., Executive Vice President & Chief
Academic Officer, Ochsner Clinic Foundation, American
Hospital Association. Subcommittee on Emergency
Preparedness, Science, and Technology, February 15,
2006, ``The State of Interoperable Communications:
Perspectives from the Field.''
Poole, Robert, Director of Transportation Studies, and Founder,
Reason Foundation. Subcommittee on Economic Security,
Infrastructure Protection, and Cybersecurity, July 28,
2005, ``Improving Management of the Aviation Screening
Workforce.''
Postorino, Michael, Fire Chief, City of Paterson, State of New
Jersey. Subcommittee on Emergency Preparedness,
Science, and Technology, field hearing in Wayne, New
Jersey, June 26, 2006, ``Preparing for, Responding to,
and Preventing Terrorist Attacks, Natural Disasters and
Other Emergencies: Is Northern New Jersey Ready?''
Powner, David, Director, Information Technology Management
Issues, Government Accountability Office. Subcommittee
on Economic Security, Infrastructure Protection, and
Cybersecurity, September 13, 2006, ``The Future of
Cyber and Telecommunications Security at the Department
of Homeland Security.''
Prillaman, K. Gregg, Chief Human Capital Officer, Department of
Homeland Security. Subcommittee on Management,
Integration, and Oversight, May 18, 2006, ``Retention,
Security Clearances, Morale, and Other Human Capital
Challenges Facing the Department of Homeland
Security.''
Proctor, Steve, Executive Director, Utah Communications Agency
Network testifying on behalf of Association of Public-
Safety Communications Officials. Subcommittee on
Emergency Preparedness, Science, and Technology, March
1, 2006, ``The State of Interoperable Communications:
Perspectives from State and Local Governments.''
Pryor, Stefan, President, Lower Manhattan Development
Corporation. Subcommittee on Management, Integration,
and Oversight, July 13, 2006, ``Federal 9/11 Assistance
to New York: Lessons Learned in Fraud Detection,
Prevention, and Control: Part 2--Recovery.''
Pugh, William, Director of Public Works / Assistant City
Manager, Tacoma, Washington. Subcommittee on Emergency
Preparedness, Science, and Technology, April 12, 2006,
field hearing in Orting, Washington, ``Emergency
Planning and Preparedness: Federal, State, and Local
Coordination.''
Purdy, Donald ``Andy,'' Acting Director, National Cyber
Security Division, Department of Homeland Security.
Subcommittee on Economic Security, Infrastructure
Protection, and Cybersecurity and the Subcommittee on
Emergency Preparedness, Science, and Technology,
October 18, 2005, ``SCADA and the Terrorist Threat:
Protecting the Nation's Critical Control Systems.''
Q
Quan, Gordon, Resident, Houston, Texas. Subcommittee on
Investigations, August 16, 2006, field hearing in
Houston, Texas, ``Criminal Activity and Violence Along
the Southern Border.''
R
Rabkin, Norman, Managing Director, Homeland Security and
Justice, Government Accountability Office. Subcommittee
on Management, Integration, and Oversight, April 20,
2005, ``Management Challenges Facing the Department of
Homeland Security.''
Ramsay, Charles H., Chief of Police, Metropolitan Police
Department, District of Columbia. Full Committee, June
21, 2006, ``DHS Terrorism Preparedness Grants: Risk-
Based or Guess-Work?''
Rapp, Captain Charles, Director, Maryland Coordination and
Analysis Center. Subcommittee on Intelligence,
Information Sharing, and Terrorism Risk Assessment,
September 13, 2006, ``The Homeland Security Information
Network: An Update on DHS Information Sharing
Efforts.''
Reall, Captain Jack, National Fire Academy Board of Visitors.
Subcommittee on Management, Integration, and Oversight
and the Subcommittee on Emergency Preparedness,
Science, and Technology, June 23, 2005, ``The National
Training Program: Is Anti-Terrorism Training for First
Responders Efficient and Effective?''
Reardon, Joseph W., Food Administrator, Food and Drug
Protection Division, North Carolina Department of
Agriculture and Consumer Services. Subcommittee on
Intelligence, Information Sharing, and Terrorism Risk
Assessment, May 25, 2005, ``Evaluating the Threat of
Agro-Terrorism.''
Record, Frank, Acting Assistant Secretary of State for
International Security and Nonproliferation, Department
of State. Subcommittee on Prevention of Nuclear and
Biological Attack, May 25, 2006, ``Enlisting Foreign
Cooperation in U.S. Efforts to Prevent Nuclear
Smuggling.''
Subcommittee on Prevention of Nuclear and Biological Attack,
June 22, 2006, ``Reducing Nuclear and Biological
Threats at the Source.''
Recknor, Terri, President, Garrison and Sloan Canine Detection.
Subcommittee on Management, Integration, and Oversight,
Wednesday, September 28, 2005, ``Sniffing Out
Terrorism: The Use of Dogs in Homeland Security.''
Reese, Shawn, Analyst in American National Government,
Government and Finance Division, Congressional Research
Service. Subcommittee on Emergency Preparedness,
Science, and Technology and the Subcommittee on
Management, Integration, and Oversight, June 23, 2005,
``The National Training Program: Is Anti-Terrorism
Training for First Responders Efficient and
Effective?''
Reimer, General Dennis, (Ret.) Director, National Memorial
Institute for the Prevention of Terrorism. Subcommittee
on Emergency Preparedness, Science, and Technology,
February 10, 2005, ``The Proposed Fiscal Year 2006
Budget: Enhancing Terrorism Preparedness for First
Responders.''
Reiskin, Edward D., Deputy Mayor, Public Safety and Justice,
City of Washington, District of Columbia. Full
Committee, June 21, 2006, ``DHS Terrorism Preparedness
Grants: Risk-Based or Guess-Work?''
Relman, Dr. David A., Associate Professor, Microbiology &
Immunology, and of Medicine, Stanford University.
Subcommittee on Prevention of Nuclear and Biological
Attack, November 3, 2005, ``BioScience and the
Intelligence Community.''
Rey, Hon. Mark, Under Secretary, Natural Resources and
Environment, Department of Agriculture. Subcommittee on
Emergency Preparedness, Science, and Technology,
October 26, 2005, ``Ensuring Operability During
Catastrophic Events.''
Reyes, Hon. Silvestre, a Representative in Congress from the
State of Texas. Subcommittee on Investigations,
February 7, 2006, ``Armed and Dangerous: Confronting
the Problem of Border Incursions.'' Subcommittee on
Economic Security, Infrastructure Protection, and
Cybersecurity of the Committee on Homeland Security and
the Subcommittee on Criminal Justice, Drug Policy, and
Human Resources of the Committee on Government Reform,
July 20, 2006, ``Fencing the Border: Construction
Options and Strategic Placement.''
Riley, K. Jack, Director, Homeland Security Center, RAND
Corporation. Subcommittee on Economic Security,
Infrastructure Protection, and Cybersecurity and the
Subcommittee on Emergency Preparedness, Science and
Technology, August 8, 2006, field hearing in
Bellingham, Washington, ``Assessment of Risks at the
Northern Border and the Infrastructure Necessary to
Address Those Risks.''
Ritzema, Ruth, Special Agent in Charge for New York, Office of
Inspector General, Department of Housing and Urban
Development. Subcommittee on Management, Integration,
and Oversight, July 13, 2006, ``Federal 9/11 Assistance
to New York: Lessons Learned in Fraud Detection,
Prevention, and Control: Part 2--Recovery.''
Rizkalla, Cherif, President, Smiths Detection, Americas.
Subcommittee on Economic Security, Infrastructure
Protection, and Cybersecurity, July 13, 2005,
``Leveraging Technology to Improve Aviation Security.''
Romero, Dr. Van D., Vice President, Research and Economic
Development, New Mexico Institute of Mining and
Technology. Subcommittee on Emergency Preparedness,
Science, and Technology and Subcommittee on Management,
Integration, and Oversight, June 23, 2005, ``The
National Training Program: Is Anti-Terrorism Training
for First Responders Efficient and Effective?''
Rosapep, Terry, Deputy Associate Administrator, Office of
Program Management, Federal Transit Agency.
Subcommittee on Economic Security, Infrastructure
Protection, and Cybersecurity, September 28, 2006,
``Front-line Defense: Security Training for Mass
Transit and Rail Employees.''
Rosenzweig, Paul, Senior Legal Research Fellow, Center for
Legal and Judicial Studies, The Heritage Foundation.
Subcommittee on Economic Security, Infrastructure
Protection, and Cybersecurity, June 29, 2005,
``Improving Pre-Screening of Aviation Passengers
against Terrorist and Other Watch Lists.''
Rooney, Bethann, Manager, Port Security, Port Authority of New
York & New Jersey. Subcommittee on Prevention of
Nuclear and Biological Attack and the Subcommittee on
Emergency Preparedness, Science, and Technology, June
21, 2005, ``Detecting Nuclear Weapons and Radiological
Materials: How Effective Is Available Technology?''
Rotenberg, Marc, Executive Director, Electronic Privacy
Information Center National Office. Economic Security,
Infrastructure Protection, and Cybersecurity, November
3, 2005, ``The Future of TSA's Registered Traveler
Program.''
Rotonda, Chief Joseph, Township of Belleville Police, State of
New Jersey. Subcommittee on Emergency Preparedness,
Science, and Technology, field hearing in Wayne, New
Jersey, June 26, 2006, ``Preparing for, Responding to,
and Preventing Terrorist Attacks, Natural Disasters and
Other Emergencies: Is Northern New Jersey Ready?''
Rowe, Major General Richard J., Jr., Director of Operations,
U.S. Northern Command, Department of Defense.
Subcommittee on Emergency Preparedness, Science, and
Technology of the Committee on Homeland Security and
the Subcommittee on Terrorism, Unconventional Threats
and Capabilities of the Committee on Armed Services,
November 9, 2005, ``Responding to Catastrophic Events:
the Role of the Military and National Guard in Disaster
Response.''
Rowe, Rick, Chief Executive Officer, SafeView, Inc.
Subcommittee on Economic Security, Infrastructure
Protection, and Cybersecurity, July 13, 2005,
``Leveraging Technology to Improve Aviation Security.''
Rosenthal, Hon. Charles, District Attorney, Harris County,
State of Texas. Subcommittee on Investigations, August
16, 2006, field hearing in Houston, Texas, ``Criminal
Activity and Violence Along the Southern Border.''
Ruiz, Carrie, Resident, Houston, Texas. Subcommittee on
Investigations, August 16, 2006, field hearing in
Houston, Texas, ``Criminal Activity and Violence Along
the Southern Border.''
Rufe, Vice Admiral Roger T., Jr., (Ret. USCG), Director,
Operations Directorate, Department of Homeland
Security. Subcommittee on Intelligence, Information
Sharing, and Terrorism Risk Assessment, September 13,
2006, ``The Homeland Security Information Network: An
Update on DHS Information Sharing Efforts.''
Runge, Dr. Jeffrey W., Chief Medical Officer, Department of
Homeland Security. Subcommittee on Management,
Integration, and Oversight, October 27, 2005, ``The
Department of Homeland Security Second-Stage Review:
The Role of the Chief Medical Officer.'' Full
Committee, May 16, 2006, ``Are We Ready?: Implementing
the National Strategy for Pandemic Influenza.''
Subcommittee on Prevention of Nuclear and Biological
Attack, August 24, 2006, ``Agroterrorism's Perfect
Storm: Where Human and Animal Disease Collide.''
Rush, Dr. William, Institute Physicist, Gas Technology
Institute. Subcommittee on Economic Security,
Infrastructure Protection, and Cybersecurity and the
Subcommittee on Emergency Preparedness, Science, and
Technology, October 18, 2005, ``SCADA and the Terrorist
Threat: Protecting the Nation's Critical Control
Systems.''
Russack, John, Information Sharing Program Manager, Office of
the Director of National Intelligence. Subcommittee on
Intelligence, Information Sharing, and Terrorism Risk
Assessment, November 8, 2005, ``Federal Support for
Homeland Security Information Sharing: The Role of the
Information Sharing Program Manager.''
Russell, Stephen, Chairman and CEO, Celadon Group Inc.,
testifying on behalf of American Trucking Association.
Subcommittee on Economic Security, Infrastructure
Protection, and Cybersecurity, November 1, 2005,
``Reforming HAZMAT Trucking Security.''
S
Salerno, Captain Brian, Deputy Director, Inspections &
Compliance, U.S. Coast Guard, Department of Homeland
Security. Subcommittee on Economic Security,
Infrastructure Protection, and Cybersecurity, March 16,
2006, H.R. 4954, to improve maritime and cargo security
through enhanced layered defenses, and for other
purposes.
Samaniegio, Leo, Vice Chair, Texas Border Sheriff's Coalition,
Sheriff, El Paso County, State of Texas. Subcommittee
on Investigations, February 7, 2006, ``Armed and
Dangerous: Confronting the Problem of Border
Incursions.''
Sammon, John, Assistant Administrator, Transportation Sector
Network Management, Transportation Security
Administration, Department of Homeland Security.
Subcommittee on Economic Security, Infrastructure
Protection, and Cybersecurity, September 28, 2006,
``Front-line Defense: Security Training for Mass
Transit and Rail Employees.''
Samuel, Audwin M., Mayor Pro Tem, City of Beaumont, Texas,
testifying on behalf of the National League of Cities.
Full Committee, October 19, 2005, ``Federalism and
Disaster Response: Examining the Roles and
Responsibilities of Local, State, and Federal
Agencies.''
Saponaro, Joseph A., President, L-3 Communications, Government
Services, Inc., Accompanied by Mr. Thomas Miiller,
General Counsel. Subcommittee on Management,
Integration, and Oversight, June 16, 2005,
``Mismanagement of the Border Surveillance System and
Lessons for the New America's Shield Initiative.''
Schied, Eugene, Acting Chief Financial Officer, Department of
Homeland Security. Subcommittee on Management,
Integration, and Oversight, of the Committee on
Homeland Security, and the Subcommittee on Government
Management, Finance, and Accountability of the
Committee on Government Reform, March 29, 2006, joint
hearing, ``Department of Homeland Security Information
Technology Challenges and the Future of eMerge2.''
Schoomaker, Brigadier General Eric B., Commanding General, U.S.
Army Medical Research and Materiel Command.
Subcommittee on Prevention of Nuclear and Biological
Attack, July 28, 2005, ``Implementing the National
Biodefense Strategy.''
Schweitzer, Glenn E., Director for Central Europe and Eurasia,
the National Academy of Sciences. Subcommittee on
Prevention of Nuclear and Biological Attack, September
22, 2005, ``Trends in Illicit Movement of Nuclear
Materials.''
Seaberg, Dr. David C., Department of Emergency Medicine,
University of Florida. Subcommittee on Emergency
Preparedness, Science, and Technology and the
Subcommittee on Prevention of Nuclear and Biological
Attack, February 8, 2006, ``Protecting the Homeland:
Fighting Pandemic Flu From the Front Lines.''
Seagrave, Brian, Vice President for Border Security, Unisys.
Subcommittee on Management, Integration, and Oversight,
November 15, 2006, ``The Secure Border Initiative:
Ensuring Effective Implementation and Financial
Accountability of SBInet.''
Serra, Roger C., Director of Security and Emergency Management,
Seattle City Light, City of Seattle, Washington.
Subcommittee on Emergency Preparedness, Science, and
Technology, April 12, 2006, field hearing in Orting,
Washington, ``Emergency Planning and Preparedness:
Federal, State, and Local Coordination.''
Silva, Ken, Chairman of the Board of Directors, Internet
Security Alliance. Subcommittee on Economic Security,
Infrastructure Protection, and Cybersecurity, April 20,
2005, H.R. 285, the Department of Homeland Security
Cybersecurity Enhancement Act of 2005.
Simonson, Hon. Stewart, Assistant Secretary, Office of Public
Health Emergency Preparedness, Department of Health and
Human Services. Subcommittee on Emergency Preparedness,
Science, and Technology, July 12, 2005, ``Project
BioShield: Linking Bioterrorism Threats and
Countermeasure Procurement to Enhance Terrorism
Preparedness.''
Skinner, Hon. Richard L., Inspector General, Office of
Inspector General, Department of Homeland Security.
Subcommittee on Management, Integration, and Oversight,
April 20, 2005, ``Management Challenges Facing the
Department of Homeland Security.'' Subcommittee on
Management, Integration, and Oversight, December 16,
2005, ``Mismanagement of the Border Surveillance System
and Lessons for the New Secure Border Initiative.''
Subcommittee on Management, Integration, and Oversight,
July 12, 2006, ``Federal 9/11 Assistance to New York:
Lessons Learned in Fraud Detection, Prevention, and
Control: Part 1--Response.'' Subcommittee on
Management, Integration, and Oversight, November 15,
2006, ``The Secure Border Initiative: Ensuring
Effective Implementation and Financial Accountability
of SBInet.''
Sloan, James, Assistant Commandant for Intelligence, U.S. Coast
Guard, Department of Homeland Security. Subcommittee on
Intelligence, Information Sharing, and Terrorism Risk
Assessment, June 28, 2006, ``DHS Intelligence and
Border Security: Delivering Operational Intelligence.''
Small, Douglas, Deputy Assistant Secretary, Employment and
Training, Department of Labor. Subcommittee on
Management, Integration, and Oversight, July 13, 2006,
``Federal 9/11 Assistance to New York: Lessons Learned
in Fraud Detection, Prevention, and Control: Part 2--
Recovery.''
Smislova, Melissa, Acting Director, Homeland Infrastructure
Threat and Risk Analysis Center, Assistant Secretary
for Intelligence and Analysis--Chief Intelligence
Officer, Department of Homeland Security. Subcommittee
on Intelligence, Information Sharing, and Terrorism
Risk Assessment, November 17, 2005, ``Terrorism Risk
Assessment at the Department of Homeland Security.''
Smith, Dr. Kimothy, Chief Veterinarian, Chief Scientist and
Acting Deputy Chief Medical Officer, Department of
Homeland Security. Subcommittee on Prevention of
Nuclear and Biological Attack, May 11, 2006, ``Creating
a Nation-Wide, Integrated Biosurveillance Network.''
Soloway, Stan Z., President, Professional Services Council.
Subcommittee on Management, Integration, and Oversight
and the Subcommittee on Emergency Preparedness, Science
and Technology, September 13, 2006, ``Helping Business
Protect the Homeland: Is the Department of Homeland
Security Effectively Implementing the SAFETY Act?''
Spero, Deborah J., Deputy Commissioner, Customs and Border
Protection, Department of Homeland Security.
Subcommittee on Economic Security, Infrastructure
Protection, and Cybersecurity, March 2, 2005,
``Proposed FY 2006 Budget: Integrating Homeland
Security Screening Operations.'' Acting Commissioner,
Customs and Border Protection, Department of Homeland
Security. Subcommittee on Management, Integration, and
Oversight, May 11, 2006, ``CBP and ICE: Does the
Current Organizational Structure Best Serve U.S.
Homeland Security Interests? Part III.'' Subcommittee
on Management, Integration, and Oversight, November 15,
2006, ``The Secure Border Initiative: Ensuring
Effective Implementation and Financial Accountability
of SBInet.''
Speziale, Sheriff Jerry, Passaic County, State of New Jersey.
Subcommittee on Emergency Preparedness, Science, and
Technology, field hearing in Wayne, New Jersey, June
26, 2006, ``Preparing for, Responding to, and
Preventing Terrorist Attacks, Natural Disasters and
Other Emergencies: Is Northern New Jersey Ready?''
Stephan, Robert, Assistant Secretary for Infrastructure
Protection, Department of Homeland Security.
Subcommittee on Economic Security, Infrastructure
Protection, and Cybersecurity, June 15, 2005,
``Preventing Terrorist Attacks on America's Chemical
Plants.'' Subcommittee on Economic Security,
Infrastructure Protection, and, Cybersecurity, October
20, 2005, ``The London Bombings: Protecting Civilian
Targets from Terrorist Attacks.''
Stevens, Kevin, Senior Associate Chief, U.S. Customs and Border
Protection, Department of Homeland Security.
Subcommittee on Economic Security, Infrastructure
Protection, and Cybersecurity of the Committee on
Homeland Security and the Subcommittee on Criminal
Justice, Drug Policy, and Human Resources of the
Committee on Government Reform, July 20, 2006,
``Fencing the Border: Construction Options and
Strategic Placement.''
Stone, Steven, State Trooper, Department of Public Safety,
State of Texas. Subcommittee on Investigations, August
16, 2006, field hearing in Houston, Texas, ``Criminal
Activity and Violence Along the Southern Border.''
Stodder, Seth, Esquire, Akin Gump Strauss Hauer & Feld LLP.
Subcommittee on Management, Integration, and Oversight,
May 11, 2006, ``CBP and ICE: Does the Current
Organizational Structure Best Serve U.S. Homeland
Security Interests? Part III.''
Summers, Allen, President and CEO, Asmark, Inc., testifying on
behalf of the Fertilizer Institute. Subcommittee on
Economic Security, Infrastructure Protection, and
Cybersecurity, June 15, 2005, ``Preventing Terrorist
Attacks on America's Chemical Plants.''
Swain, Cynthia, Director of Safety and Security, Port of New
Orleans. Full Committee, March 22, 2005, ``Protecting
Our Commerce: Port and Waterways Security.''
Swecker, Chris, Acting Executive Assistant Director of Law
Enforcement Services, Department of Justice.
Subcommittee on Management, Integration, and Oversight,
March 8, 2006, ``The 9/11 Reform Act: Examining the
Implementation of the Human Smuggling and Trafficking
Center.''
T
Takeyh, Dr. Ray, Senior Fellow, Middle Eastern Studies, Council
on Foreign Relations. Subcommittee on Prevention of
Nuclear and Biological Attack, September 8, 2005, ``WMD
Terrorism and Proliferant States.''
Tannenbaum, Dr. Benn, American Association for the Advancement
of Science. Subcommittee on Prevention of Nuclear and
Biological Attack and the Subcommittee on Emergency
Preparedness, Science, and Technology, June 21, 2005,
``Detecting Nuclear Weapons and Radiological Materials:
How Effective Is Available Technology?''
Tether, Dr. Tony, Director, Defense Advanced Research Projects
Agency, Department of Defense. Subcommittee on
Emergency Preparedness, Science, and Technology and the
Subcommittee on Terrorism, Unconventional Threats and
Capabilities of the Committee on Armed Services, July
21, 2005, ``Technology Transfer: Leveraging Military
Technology to Enhance Homeland Security.''
Thompson, Dr. Donald F., Senior Research Fellow, Center for
Technology and National Security Policy, National
Defense University. Subcommittee on Prevention of
Nuclear and Biological Attack, October 20, 2005,
``Mitigating Catastrophic Events through Effective
Medical Response.''
Thorson, Hon. Eric, Inspector General, Small Business
Administration. Subcommittee on Management,
Integration, and Oversight, July 13, 2006, ``Federal 9/
11 Assistance to New York: Lessons Learned in Fraud
Detection, Prevention, and Control: Part 2--Recovery.''
Tiefer, Charles, Professor of Law, University of Baltimore
School of Law. Subcommittee on Management, Integration,
and Oversight, May 18, 2006, ``Retention, Security
Clearances, Morale, and Other Human Capital Challenges
Facing the Department of Homeland Security.''
Timoney, John F., Chief of Police, City of Miami, Florida.
Subcommittee on Prevention of Nuclear and Biological
Attack, September 21, 2006, ``Police as First
Preventers: Local Strategies in the War on Terror.''
Titus, Lee, Director of Canine Programs, U.S. Customs and
Border Protection, Department of Homeland Security.
Subcommittee on Management, Integration, and Oversight,
September 28, 2005, ``Sniffing Out Terrorism: The Use
of Dogs in Homeland Security.''
Todd, Larry, Director, Security, Safety and Law Enforcement,
Bureau of Reclamation, Department of the Interior.
Subcommittee on Economic Security, Infrastructure
Protection, and Cybersecurity and the Subcommittee on
Emergency Preparedness, Science, and Technology,
October 18, 2005, ``SCADA and the Terrorist Threat:
Protecting the Nation's Critical Control Systems.''
Tolman, John P., Vice President and National Legislative
Representative, Brotherhood of Locomotive Engineers.
Subcommittee on Economic Security, Infrastructure
Protection, and Cybersecurity, September 28, 2006,
``Front-line Defense: Security Training for Mass
Transit and Rail Employees.''
Torres, John, Acting Director, Office of Detention and Removal
Operations, Immigration and Customs Enforcement,
Department of Homeland Security. Subcommittee on
Economic Security, Infrastructure Protection, and
Cybersecurity, September 28, 2005, ``Solving the OTM
Undocumented Alien Problem: Expedited Removal for
Apprehensions along the U.S. Border.''
Trevino, Chief Mario H., Bellevue Fire Department, City of
Bellevue, Washington. Subcommittee on Emergency
Preparedness, Science, and Technology, April 12, 2006,
field hearing in Orting, Washington, ``Emergency
Planning and Preparedness: Federal, State, and Local
Coordination.''
Turley, Jonathan, Shapiro Professor of Public Interest Law,
George Washington Law School. Subcommittee on
Intelligence, Information Sharing, and Terrorism Risk
Assessment, April 6, 2006, ``Protection of Privacy in
the DHS Intelligence Enterprise.''
U
Ulrich, Peter, Senior Vice President, Risk Model Management,
Risk Management Solutions, Inc. Subcommittee on
Intelligence, Information Sharing, and Terrorism Risk
Assessment of the Committee on Homeland Security and
the Subcommittee on Oversight and Investigations of the
Committee on Financial Services, July 25, 2006,
``Terrorism Threats and the Insurance Market.''
V
Varnado, Sam, Director of Information Operations Center, Sandia
National Laboratory. Subcommittee on Economic Security,
Infrastructure Protection, and Cybersecurity and the
Subcommittee on Emergency Preparedness, Science, and
Technology, October 18, 2005, ``SCADA and the Terrorist
Threat: Protecting the Nation's Critical Control
Systems.''
Van Duyn, Don, Assistant Director, Counterterrorism Division,
Federal Bureau of Investigations. Subcommittee on
Intelligence, Information Sharing, and Terrorism Risk
Assessment, September 20, 2006, ``The Homeland Security
Implications of Radicalization.''
Varoli, David J., General Counsel, New York City Department of
Design and Construction. Subcommittee on Management,
Integration, and Oversight, July 12, 2006, ``Federal 9/
11 Assistance to New York: Lessons Learned in Fraud
Detection, Prevention, and Control: Part 1--Response.''
Venturella, David, Former Director, Office of Detention and
Removal Operations, U.S. Immigration and Customs
Enforcement, Department of Homeland Security.
Subcommittee on Management, Integration, and Oversight,
March 9, 2005, ``CBP and ICE: Does the Current
Organizational Structure Best Serve U.S. Homeland
Security Interests?''
Verdery, C. Stewart, Jr., Principal, Mehlman Vogel Castagnetti,
Inc. Subcommittee on Economic Security, Infrastructure
Protection, and Cybersecurity, June 9, 2005, ``The
Promise of Registered Traveler.'' Subcommittee on
Economic Security, Infrastructure Protection, and
Cybersecurity, June 22, 2005, ``Ensuring the Security
of America's Borders through the Use of Biometric
Passports and Other Identity Documents.''
Verga, Peter F., Principal Deputy Assistant Secretary, Defense
for Homeland Defense, Department of Defense.
Subcommittee on Emergency Preparedness, Science, and
Technology and the Subcommittee on Terrorism,
Unconventional Threats and Capabilities of the
Committee on Armed Services, July 21, 2005,
``Technology Transfer: Leveraging Military Technology
to Enhance Homeland Security.'' Full Committee, May 16,
2006, ``Are We Ready?: Implementing the National
Strategy for Pandemic Influenza.''
Vickery, A.D., Assistant Chief, City of Seattle Fire
Department, Seattle, Washington. Subcommittee on
Emergency Preparedness, Science, and Technology, April
12, 2006, field hearing in Orting, Washington,
``Emergency Planning and Preparedness: Federal, State,
and Local Coordination.''
Vitko, Dr. John, Jr., Director, Biological Countermeasures
Portfolio, Directorate of Science and Technology,
Department of Homeland Security. Subcommittee on
Emergency Preparedness, Science, and Technology, July
12, 2005, ``Project BioShield: Linking Bioterrorism
Threats and Countermeasure Procurement to Enhance
Terrorism Preparedness.'' Subcommittee on Prevention of
Nuclear and Biological Attack, July 28, 2005,
``Implementing the National Biodefense Strategy.''
Subcommittee on Prevention of Nuclear and Biological
Attack, May 11, 2006, ``Creating a Nation-wide,
Integrated Biosurveillance Network.''
von Winterfeldt, Dr. Detlof, Director, Center for Risk and
Economic Analysis of Terrorism Events, University of
Southern California. Subcommittee on Intelligence,
Information Sharing, and Terrorism Risk Assessment,
November 17, 2005, ``Terrorism Risk Assessment at the
Department of Homeland Security.''
W
Wagner, Dr. Richard L., Jr., Chair, Defense Science Board Task
Force on Prevention of, and Defense Against,
Clandestine Nuclear Attack and Senior Staff Member, Los
Alamos National Laboratory. Subcommittee on Prevention
of Nuclear and Biological Attack and the Subcommittee
on Emergency Preparedness, Science, and Technology,
June 21, 2005, ``Detecting Nuclear Weapons and
Radiological Materials: How Effective Is Available
Technology?''
Walker, Hon. David M., Comptroller General of the United
States, Government Accountability Office. Subcommittee
on Management, Integration, and Oversight, June 29,
2005, ``Transforming the Department of Homeland
Security Through Mission-based Budgeting.''
Wallace, Carl, Plant Manager, Terra Mississippi Nitrogen, Inc.,
testifying on behalf of the Fertilizer Institute.
Subcommittee on Prevention of Nuclear and Biological
Attack, December 14, 2005, H.R. 3197, the Secure
Handling of Ammonium Nitrate Act of 2005.
Wallace, David G., Mayor, City of Sugar Land, Texas, testifying
on behalf of the United States Conference of Mayors.
Full Committee, October 19, 2005, ``Federalism and
Disaster Response: Examining the Roles and
Responsibilities of Local, State, and Federal
Agencies.''
Walker, Bruce, Chairman, Subcommittee on Government Affairs,
Homeland Security and Defense Business Council.
Subcommittee on Emergency Preparedness, Science, and
Technology, April 25, 2006, ``The State of
Interoperable Communications: Perspectives on Federal
Coordination of Grants, Standards, and Technology.''
Walters, Chief Thomas, Assistant Commissioner for Training and
Development, Bureau of Customs and Border Protection,
Department of Homeland Security. Subcommittee on
Management, Integration, and Oversight, May 24, 2005,
``Training More Border Agents: How the Department of
Homeland Security Can Increase Training Capacity More
Effectively.''
Wang, John, Founder and President, Asian American Business
Development Center. Subcommittee on Management,
Integration, and Oversight, July 13, 2006, ``Federal 9/
11 Assistance to New York: Lessons Learned in Fraud
Detection, Prevention, and Control: Part 2--Recovery.''
Wells, Dr. Linton, II, Acting Assistant Secretary, Networks and
Information Integration and Chief Information Officer,
Department of Defense. Subcommittee on Emergency
Preparedness, Science, and Technology, October 26,
2005, ``Ensuring Operability During Catastrophic
Events.''
Werner, Chief Charles, Charlottesville Fire Department,
Commonwealth of Virginia, testifying on behalf of
Virginia's Statewide Interoperability Executive
Committee. Subcommittee on Emergency Preparedness,
Science, and Technology, March 1, 2006, ``The State of
Interoperable Communications: Perspectives from State
and Local Governments.''
West, Sheriff Arvin, Hudspeth County Sheriff's Department,
Hudspeth County, State of Texas. Subcommittee on
Investigations, February 7, 2006, ``Armed and
Dangerous: Confronting the Problem of Border
Incursions.''
Whitaker, Elizabeth, Deputy Assistant Secretary, Bureau of
Western Hemisphere Affairs, Department of State.
Subcommittee on Investigations, February 7, 2006,
``Armed and Dangerous: Confronting the Problem of
Border Incursions.''
Whitmore, Amy, Analyst Supervisor, Virginia Fusion Center,
Virginia State Police. Subcommittee on Intelligence,
Information Sharing, and Terrorism Risk Assessment,
September 7, 2006, ``State and Local Fusion Centers and
the Role of DHS.''
Wilke, Clifford A., Assistant Administrator and Chief
Technology Officer, Transportation Security
Administration, Department of Homeland Security.
Subcommittee on Economic Security, Infrastructure
Protection, and Cybersecurity, July 19, 2005,
``Leveraging Technology to Improve Aviation Security,
Part II.''
Williams, Anthony, Mayor, City of Washington, District of
Columbia. Full Committee, June 21, 2006, ``DHS
Terrorism Preparedness Grants: Risk-Based or Guess-
Work?''
Williams, Don, Roadrunner Planning & Consulting, Consultant to
Power Contracting, Inc. Subcommittee on Economic
Security, Infrastructure Protection, and Cybersecurity
of the Committee on Homeland Security and the
Subcommittee on Criminal Justice, Drug Policy, and
Human Resources of the Committee on Government Reform,
July 20, 2006, ``Fencing the Border: Construction
Options and Strategic Placement.''
Williams, Dwight, Director, Office of Security, Department of
Homeland Security. Subcommittee on Management,
Integration, and Oversight, May 18, 2006, ``Retention,
Security Clearances, Morale, and Other Human Capital
Challenges Facing the Department of Homeland
Security.''
Williams, Jim, Director, US-VISIT Program, Border and
Transportation Security Directorate, Department of
Homeland Security. Subcommittee on Economic Security,
Infrastructure Protection, and Cybersecurity, March 2,
2005, ``Proposed FY 2006 Budget: Integrating Homeland
Security Screening Operations.''
Williams, McCoy, Director, Financial Management and Assurance,
Government Accountability Office. Subcommittee on
Management, Integration, and Oversight of the Committee
on Homeland Security, and the Subcommittee on
Government Management, Finance, and Accountability of
the Committee on Government Reform, March 29, 2006,
joint hearing, ``Department of Homeland Security
Information Technology Challenges and the Future of
eMerge2.''
Williams, Dr. Paul, Special Assistant, Office of Homeland
Security, State of Georgia. Subcommittee on Prevention
of Nuclear and Biological Attack, August 24, 2006,
``Agroterrorism's Perfect Storm: Where Human and Animal
Disease Collide.''
Willis, Dr. Henry, Policy Researcher, the RAND Corporation.
Subcommittee on Intelligence, Information Sharing, and
Terrorism Risk Assessment, November 17, 2005,
``Terrorism Risk Assessment at the Department of
Homeland Security.''
Wilshusen, Gregory C., Director, Information Security Issues,
Government Accountability Office. Subcommittee on
Management, Integration, and Oversight, April 14, 2005,
``The Need to Strengthen Information Security at the
Department of Homeland Security.'' Subcommittee on
Economic Security, Infrastructure Protection, and
Cybersecurity, June 22, 2005, ``Ensuring the Security
of America's Borders through the Use of Biometric
Passports and Other Identity Documents.''
Wilson, Chief Ralph Eugene, Jr., Chief of Police, Metropolitan
Atlanta Rapid Transit Authority Subcommittee on
Management, Integration, and Oversight, September 28,
2005, ``Sniffing Out Terrorism: The Use of Dogs in
Homeland Security.''
Woerth, Captain Duane, President, Airline Pilots Association.
Subcommittee on Economic Security, Infrastructure
Protection, and Cybersecurity, May 13, 2005, ``The
Transportation Security Administration's Screening of
Airline Pilots: Sound Security Practice or Waste of
Scarce Resources?''
Wood, John W., Jr., President and Chief Executive Officer,
Analogic. Subcommittee on Economic Security,
Infrastructure Protection, and Cybersecurity, July 13,
2005, ``Leveraging Technology to Improve Aviation
Security.''
Woodward, John D., Associate Director, RAND Policy Institute.
Subcommittee on Intelligence, Information Sharing, and
Terrorism Risk Assessment, September 20, 2006, ``The
Homeland Security Implications of Radicalization.''
Wormuth, Christine, Senior Fellow, International Security
Program, Center for Strategic and International
Studies. Subcommittee on Intelligence, Information
Sharing, and Terrorism Risk Assessment, November 17,
2005, ``Terrorism Risk Assessment at the Department of
Homeland Security.''
Wright, David P., President and Chief Executive Officer,
PharmAthene, Inc. Subcommittee on Emergency
Preparedness, Science, and Technology, July 12, 2005,
``Project BioShield: Linking Bioterrorism Threats and
Countermeasure Procurement to Enhance Terrorism
Preparedness.''
Wysenski, Nancy, President, EMD Pharmaceuticals. Subcommittee
on Emergency Preparedness, Science, and Technology,
July 12, 2005, ``Project BioShield: Linking
Bioterrorism Threats and Countermeasure Procurement to
Enhance Terrorism Preparedness.''
Wytkind, Ed, President, Transportation Trades Department, AFL-
CIO. Subcommittee on Economic Security, Infrastructure
Protection, and Cybersecurity, September 28, 2006,
``Front-line Defense: Security Training for Mass
Transit and Rail Employees.''
Y
Yayla, Major Ahmet Sait, Counterterrorism and Operations
Division, Ankara Police Department, Ankara, Republic of
Turkey. Subcommittee on Prevention of Nuclear and
Biological Attack, September 21, 2006, ``Police as
First Preventers: Local Strategies in the War on
Terror.''
Yoran, Amit, President, Yoran Associates. Subcommittee on
Economic Security, Infrastructure Protection, and
Cybersecurity, April 20, 2005, H.R. 285, the Department
of Homeland Security Cybersecurity Enhancement Act of
2005.
Z
Zinser, Todd J., Acting Inspector General, Department of
Transportation. Subcommittee on Management,
Integration, and Oversight, July 13, 2006, ``Federal 9/
11 Assistance to New York: Lessons Learned in Fraud
Detection, Prevention, and Control: Part 3--
Rebuilding.''
Zmuda, Lawrence J., Partner, Homeland Security, Unisys
Corporation. Economic Security, Infrastructure
Protection, and Cybersecurity, November 3, 2005, ``The
Future of TSA's Registered Traveler Program.''
Zwillinger, Marc J., Partner, Sonnenschein Nath & Rosenthal
LLP. Subcommittee on Management, Integration, and
Oversight, April 14, 2005, ``The Need to Strengthen
Information Security at the Department of Homeland
Security.''
Appendix IX--Printed Hearings
------------------------------------------------------------------------
Number Date Title
------------------------------------------------------------------------
109-1......................... February 10, 2005 ``The Proposed Fiscal
Year 2006 Budget:
Enhancing Terrorism
Preparedness for
First Responders.''
Subcommittee on
Emergency
Preparedness,
Science and
Technology
109-2......................... February 16, 2005 ``The Proposed Fiscal
Year 2006 Budget:
Building the
Information Analysis
Capabilities of
DHS.''
Subcommittee on
Intelligence,
Information Sharing,
and Terrorism Risk
Assessment
109-3......................... March 2, 2005.... ``Proposed Fiscal
Year 2006 Budget:
Integrating Homeland
Security Screening
Operations.''
Subcommittee on
Economic Security,
Infrastructure
Protection, and
Cybersecurity
109-4......................... March 9, 2005.... ``CBP and ICE: Does
the Current
Organizational
Structure Best Serve
U.S. Homeland
Security
Interests?''
Subcommittee on
Management,
Integration, and
Oversight
109-5......................... March 22, 2005... ``Protecting Our
Commerce: Port and
Waterways
Security.''
Full Committee
(Vicksburg, MS)
109-6......................... April 12, 2005... ``The Need for Grant
Reform and The
Faster and Smarter
Funding for First
Responders Act of
2005.''
Subcommittee on
Emergency
Preparedness,
Science, and
Technology
109-7......................... April 13, 2005... ``The Department of
Homeland Security:
Promoting Risk-Based
Prioritization and
Management.''
Full Committee
109-8......................... April 14, 2005... ``Grant Reform: The
Faster and Smarter
Funding for First
Responders Act of
2005.''
Full Committee
109-9......................... April 14, 2005... ``The Need to
Strengthen
Information Security
at the Department of
Homeland Security.''
Subcommittee on
Economic Security,
Infrastructure
Protection, and
Cybersecurity
109-10........................ April 19, 2005... ``DHS Coordination of
April 20, 2005... Nuclear Detection
Efforts.''
Subcommittee on
Prevention of
Nuclear and
Biological Attack
109-11........................ April 20, 2005... H.R. 285, the
Department of
Homeland Security
Cybersecurity
Enhancement Act of
2005.
Subcommittee on
Economic Security,
Infrastructure
Protection, and
Cybersecurity
109-12........................ April 20, 2005... ``Management
Challenges Facing
the Department of
Homeland Security.''
Subcommittee on
Management,
Integration, and
Oversight
109-13........................ May 13, 2005..... ``The Transportation
Security
Administration's
Screening of Airline
Pilots: Sound
Security Practice or
Waste of Scarce
Resources?''
Subcommittee on
Economic Security,
Infrastructure
Protection, and
Cybersecurity
109-14........................ May 19, 2005..... H.R. 1509, the
Recreational Boaters
Streamline
Inspection Act.
Subcommittee on
Economic Security,
Infrastructure
Protection, and
Cybersecurity
109-15........................ May 24, 2005..... ``Training More
Border Agents: How
the Department of
Homeland Security
Can Increase
Training Capacity
Most Effectively.''
Subcommittee on
Management,
Integration, and
Oversight
109-16........................ May 25, 2005..... ``Evaluating the
Threat of Agro-
Terrorism.''
Subcommittee on
Intelligence,
Information Sharing,
and Terrorism Risk
Assessment
109-17........................ May 26, 2005..... ``Building a Nuclear
Bomb: Identifying
Early Indicators of
Terrorist
Activities.''
Subcommittee on
Prevention of
Nuclear and
Biological Attack
109-18........................ June 8, 2005..... ``The Homeland
Security Missions of
the Post-9/11 Coast
Guard.''
Subcommittee on
Economic Security,
Infrastructure
Protection, and
Cybersecurity
109-19........................ June 9, 2005..... ``The Promise of
June 16, 2005.... Registered
Traveler.'' (Part I
and II)
Subcommittee on
Economic Security,
Infrastructure
Protection, and
Cybersecurity
109-20........................ June 15, 2005.... ``Preventing
Terrorist Attacks on
America's Chemical
Plants.''
Subcommittee on
Economic Security,
Infrastructure
Protection, and
Cybersecurity
109-21........................ June 16, 2005.... ``Mismanagement of
December 16, 2005 the Border
February 16, 2006 Surveillance
System.''
Subcommittee on
Management,
Integration, and
Oversight
109-22........................ June 21, 2005.... ``Using Open-Source
Information
Effectively.''
Subcommittee on
Intelligence,
Information Sharing,
and Terrorism Risk
Assessment
109-23........................ June 21, 2005.... ``Detecting Nuclear
Weapons and
Radiological
Materials: How
Effective Is
Available
Technology?''
Subcommittee on
Prevention of
Nuclear and
Biological Attack
and the Subcommittee
on Emergency
Preparedness,
Science, and
Technology
109-24........................ June 22, 2005.... ``Ensuring the
Security of
America's Borders
through the Use of
Biometric Passports
and Other Identity
Documents.''
Subcommittee on
Economic Security,
Infrastructure
Protection, and
Cybersecurity
109-25........................ June 23, 2005.... ``The National
Training Program: Is
Anti-Terrorism
Training for First
Responders
Effective,
Efficient, and
Coordinated?''
Subcommittee on
Emergency
Preparedness,
Science and
Technology and the
Subcommittee on
Management,
Integration, and
Oversight
109-26........................ June 28, 2005.... ``Pathways to the
Bomb: Security of
Fissile Materials
Abroad.''
Subcommittee on
Prevention of
Nuclear and
Biological Attack
109-27........................ June 29, 2005.... ``Improving Pre-
Screening of
Aviation Passengers
against Terrorist
and Other Watch
Lists.''
Subcommittee on
Economic Security,
Infrastructure
Protection, and
Cybersecurity
109-28........................ June 29, 2005.... ``Transforming the
Department of
Homeland Security
Through Mission-
based Budgeting.''
Subcommittee on
Management,
Integration, and
Oversight
109-29........................ July 12, 2005.... ``Project BioShield:
Linking Bioterrorism
Threats and
Countermeasure
Procurement.''
Subcommittee on
Emergency
Preparedness,
Science, and
Technology
109-30........................ July 13, 2005.... ``Engineering Bio-
Terror Agents:
Lessons from the
Offensive U.S. and
Russian Biological
Weapons Programs.''
Subcommittee on
Prevention of
Nuclear and
Biological Attack
109-31........................ July 13, 2005.... ``Leveraging
July 19, 2005.... Technology to
Improve Aviation
Security
Screening.''
Subcommittee on
Economic Security,
Infrastructure
Protection, and
Cybersecurity
109-32........................ July 14, 2005.... ``The Secretary's
July 25, 2005.... Second-Stage Review:
Re-thinking the
Department of
Homeland Security's
Organization and
Policy Direction.''
Full Committee
109-33........................ July 20, 2005.... ``A Progress Report
on Information
Sharing for Homeland
Security.''
Subcommittee on
Intelligence,
Information Sharing,
and Terrorism Risk
Assessment
109-34........................ July 21, 2005.... ``Technology
Transfer: Leveraging
Military Technology
to Enhance Homeland
Security.''
Subcommittee on
Emergency
Preparedness,
Science, and
Technology and the
Subcommittee on
Terrorism,
Unconventional
Threats and
Capabilities of the
Committee on Armed
Services
109-35........................ July 26, 2005.... ``The London Attacks:
Training to Respond
in a Mass Transit
Environment.''
Subcommittee on
Emergency
Preparedness,
Science, and
Technology
109-36........................ July 27, 2005.... ``The 287(g) Program:
Ensuring the
Integrity of
America's Border
Security System
through Federal-
State
Partnerships.''
Management,
Integration, and
Oversight
109-37........................ July 28, 2005.... ``Improving
Management of the
Aviation Screening
Workforce.''
Subcommittee on
Economic Security,
Infrastructure
Protection, and
Cybersecurity
109-38........................ July 28, 2005.... ``Implementing the
National Biodefense
Strategy.''
Subcommittee on
Prevention of
Nuclear and
Biological Attack
109-39........................ September 7, 2005 ``The London
October 20, 2005. Bombings: Protecting
Civilian Targets
from Terrorist
Attacks.''
Subcommittee on
Economic Security,
Infrastructure
Protection, and
Cybersecurity
109-40........................ September 8, 2005 ``WMD Terrorism and
Proliferant
States.''
Subcommittee on
Prevention of
Nuclear and
Biological Attack
109-41........................ September 22, ``Nuclear Smuggling:
2005. Trends in Illicit
Movement of Nuclear
Materials.''
Subcommittee on
Prevention of
Nuclear and
Biological Attack
109-42........................ September 28, ``Sniffing Out
2005. Terrorism: The Use
of Dogs in Homeland
Security.''
Subcommittee on
Management,
Integration, and
Oversight
109-43........................ September 28, ``Solving the OTM
2005. Undocumented Alien
Problem: Expedited
Removal for
Apprehensions along
the U.S. Border.''
Subcommittee on
Economic Security,
Infrastructure
Protection, and
Cybersecurity
109-44........................ September 29, ``Incident Command,
2005. Control, and
Communications
during Catastrophic
Events.''
Subcommittee on
Emergency
Preparedness,
Science, and
Technology
109-45........................ October 18, 2005. ``SCADA and the
Terrorist Threat:
Protecting the
Nation's Critical
Control Systems.''
Subcommittee on
Economic Security,
Infrastructure
Protection, and
Cybersecurity and
the Subcommittee on
Emergency
Preparedness,
Science, and
Technology
109-46........................ October 19, 2005. ``Federalism and
Disaster Response:
Examining the Roles
and Responsibilities
of Local, State, and
Federal Agencies.''
Full Committee
109-47........................ October 19, 2005. ``The Department of
Homeland Security
Second Stage Review:
The Role of the
Chief Intelligence
Officer.''
Subcommittee on
Intelligence,
Information Sharing,
and Terrorism Risk
Assessment Joint
with the House
Permanent Select
Committee on
Intelligence,
Subcommittee on
Terrorism, Human
Intelligence,
Analysis and
Counterintelligence
109-48........................ October 20, 2005. ``Mitigating
Catastrophic Events
through Effective
Medical Response.''
Subcommittee on
Prevention of
Nuclear and
Biological Attack
109-49........................ October 26, 2005. ``Ensuring
Operability During
Catastrophic
Events.''
Subcommittee on
Emergency
Preparedness,
Science, and
Technology
109-50........................ October 27, 2005. ``Nuclear Incident
Response Teams.''
Subcommittee on
Prevention of
Nuclear and
Biological Attack
109-51........................ October 27, 2005. ``The Department of
Homeland Security
Second-Stage Review:
The Role of the
Chief Medical
Officer.''
Subcommittee on
Management,
Integration, and
Oversight
109-52........................ November 1, 2005. ``Reforming HAZMAT
Trucking Security.''
Subcommittee on
Economic Security,
Infrastructure
Protection, and
Cybersecurity
109-53........................ November 3, 2005. ``BioScience and the
May 4, 2006...... Intelligence
Community.''
Subcommittee on
Prevention of
Nuclear and
Biological Attack
109-54........................ November 3, 2005. ``The Future of TSA's
Registered Traveler
Program.''
Subcommittee on
Economic Security,
Infrastructure
Protection, and
Cybersecurity
109-55........................ November 8, 2005. ``Federal Support for
Homeland Security
Information Sharing:
The Role of the
Information Sharing
Program Manager.''
Subcommittee on
Intelligence,
Information Sharing,
and Terrorism Risk
Assessment
109-56........................ November 9, 2005. ``Responding to
Catastrophic Events:
The Role of the
Military and
National Guard in
Disaster Response.''
Subcommittee on
Emergency
Preparedness,
Science, and
Technology of the
Committee on
Homeland Security
and the Subcommittee
on Terrorism,
Unconventional
Threats and
Capabilities of the
Committee on Armed
Services
109-57........................ November 15, 2005 ``CBP and ICE: Does
May 11, 2006..... the Current
Organizational
Structure Best Serve
U.S. Homeland
Security
Interests?''
Subcommittee on
Management,
Integration, and
Oversight
109-58........................ November 17, 2005 ``Terrorism Risk
Assessment at the
Department of
Homeland Security.''
Subcommittee on
Intelligence,
Information Sharing,
and Terrorism Risk
Assessment
109-59........................ December 14, 2005 H.R. 3197, to
authorize the
Secretary of
Homeland Security to
regulate the
production, storage,
sale, and
distribution of
ammonium nitrate on
account of the prior
use of ammonium
nitrate to create
explosives used in
acts of terrorism
and to prevent
terrorists from
acquiring ammonium
nitrate to create
explosives.
Subcommittee on
Prevention of
Nuclear and
Biological Attack
109-60........................ February 7, 2006. ``Armed and
Dangerous:
Confronting the
Problem of Border
Incursions.''
Subcommittee on
Investigations
109-61........................ February 8, 2006. 109-61 ``Protecting
the Homeland:
Fighting Pandemic
Flu From the Front
Lines.''
Subcommittee on
Prevention of
Nuclear and
Biological Attack
and the Subcommittee
on Emergency
Preparedness,
Science, and
Technology
109-62........................ February 15, 2006 ``The State of
March 1, 2006.... Interoperable
April 25, 2006... Communications:
``Perspectives from
the Field.''
``Perspectives from
State and Local
Governments.''
``Perspectives on
Federal Coordination
of Grants,
Standards, and
Technology.''
Subcommittee on
Emergency
Preparedness,
Science, and
Technology
109-63........................ February 15, 2006 ``The President's
Proposed FY07 Budget
for the Department
of Homeland
Security: The Office
of Intelligence and
Analysis.''
Subcommittee on
Intelligence,
Information Sharing,
and Terrorism Risk
Assessment
109-64........................ February 15, 2006 ``The President's
Fiscal Year 2007
Budget: Coast Guard
Programs Impacting
Maritime Border
Security.''
Subcommittee on
Economic Security,
Infrastructure
Protection, and
Cybersecurity
109-65........................ February 16, 2006 ``The President's
Proposed Fiscal Year
2007 Budget for the
Department of
Homeland Security:
Maintaining
Vigilance and
Improving Mission
Performance in
Securing the
Homeland.''
Full Committee
109-66........................ February 16, 2006 ``The President's
Proposed FY07
Budget: Risk-Based
Spending at the
Transportation
Security
Administration.''
Subcommittee on
Economic Security,
Infrastructure
Protection, and
Cybersecurity
109-67........................ March 8, 2006.... ``Proposed Fiscal
Year 2007 Budget:
Enhancing
Preparedness for
First Responders.''
Subcommittee on
Emergency
Preparedness,
Science, and
Technology
109-68........................ March 8, 2006.... ``The 9/11 Reform
Act: Examining the
Implementation of
the Human Smuggling
and Trafficking
Center.''
Subcommittee on
Management,
Integration, and
Oversight
109-69........................ March 16, 2006... H.R. 4954, to improve
maritime and cargo
security through
enhanced layered
defenses, and for
other purposes. The
``SAFE Port Act.''
Subcommittee on
Economic Security,
Infrastructure
Protection, and
Cybersecurity
109-70........................ March 29, 2006... ``Department of
Homeland Security
Information
Technology
Challenges and the
Future of eMerge2.''
Subcommittee on
Management,
Integration, and
Oversight of the
Committee on
Homeland Security
and the Subcommittee
on Government
Management, Finance,
and Accountability
of the Committee on
Government Reform
(To be printed by
the Committee on
Government Reform)
109-71........................ April 4, 2006.... H.R. 4954, to improve
maritime and cargo
security through
enhanced layered
defenses, and for
other purposes. The
``SAFE Port Act.''
Full Committee
109-72........................ April 6, 2006.... ``Protection of
May 10, 2006..... Privacy in the DHS
Intelligence
Enterprise.''
Subcommittee on
Intelligence,
Information Sharing,
and Terrorism Risk
Assessment
109-73........................ April 12, 2006... ``Emergency Planning
and Preparedness:
Federal, State, and
Local
Coordination.''
Subcommittee on
Emergency
Preparedness,
Science, and
Technology (Orting,
WA)
109-74........................ May 9, 2006...... ``Proposed
legislation to
strengthen the
Federal Emergency
Management Agency
and better integrate
it into the
Department and for
other purposes.''
Full Committee
109-75........................ May 10, 2006..... ``Building the
Information Sharing
Environment:
Addressing the
Challenges of
Implementation.''
Subcommittee on
Intelligence,
Information Sharing,
and Terrorism Risk
Assessment
109-76........................ May 11, 2006..... ``Creating a Nation-
wide, Integrated
Biosurveillance
Network.''
Subcommittee on
Prevention of
Nuclear and
Biological Attack
109-77........................ May 16, 2006..... ``Are We Ready?:
Implementing the
National Strategy
for Pandemic
Influenza.''
Full Committee
109-78........................ May 18, 2006..... ``Retention, Security
Clearances, Morale,
and Other Human
Capital Challenges
Facing the
Department of
Homeland Security.''
Subcommittee on
Management,
Integration, and
Oversight
109-79........................ May 24, 2006..... ``The Need for CFIUS
Reform to Address
Homeland Security
Concerns.''
Full Committee
109-80........................ May 24, 2006..... ``Examining the
Progress of the DHS
Chief Intelligence
Officer.''
Subcommittee on
Intelligence,
Information Sharing,
and Terrorism Risk
Assessment
109-81........................ May 25, 2006..... ``Enlisting Foreign
Cooperation in U.S.
Efforts to Prevent
Nuclear Smuggling.''
Subcommittee on
Prevention of
Nuclear and
Biological Attack
109-82........................ June 14, 2006.... ``Waste, Fraud, and
Abuse in the
Aftermath of
Hurricane Katrina.''
Subcommittee on
Investigations
109-83........................ June 14, 2006.... ``Transportation
Security
Administration's
Office of
Intelligence:
Progress and
Challenges.''
Subcommittee on
Intelligence,
Information Sharing,
and Terrorism Risk
Assessment
109-84........................ June 15, 2006.... ``An Examination of
the Department of
Homeland Security's
Procurement Process
Regarding
Shirlington
Limousine and
Transportation,
Inc.''
Subcommittee on
Management,
Integration, and
Oversight
109-85........................ June 16, 2006.... H.R. 5604, the
``Screening Applied
Fairly and Equitably
to Truckers Act of
2006.''
Subcommittee on
Economic Security,
Infrastructure
Protection, and
Cybersecurity
109-86........................ June 21, 2006.... ``DHS Terrorism
Preparedness Grants:
Risk-Based or Guess-
Work.''
Full Committee
109-87........................ June 22, 2006.... ``Reducing Nuclear
and Biological
Threats at the
Source.''
Subcommittee on
Prevention of
Nuclear and
Biological Attack
109-88........................ June 26, 2006.... ``Preparing for,
Responding to, and
Preventing Terrorist
Attacks, Natural
Disasters and Other
Emergencies: Is
Northern New Jersey
Ready?''
Subcommittee on
Emergency
Preparedness,
Science, and
Technology (Wayne,
NJ)
109-89........................ June 28, 2006.... ``DHS Intelligence
and Border Security:
Delivering
Operational
Intelligence.''
Subcommittee on
Intelligence,
Information Sharing,
and Terrorism Risk
Assessment
109-90........................ June 29, 2006.... H.R. 5965, ``to amend
the Homeland
Security Act of 2002
to provide for the
regulation of
certain chemical
facilities, and for
other purposes''; or
the ``Chemical
Facility Anti-
terrorism Act of
2006.''
Subcommittee on
Economic Security,
Infrastructure
Protection, and
Cybersecurity
109-91........................ July 11, 2006.... An Examination of
July 12, 2006.... Federal 9/11
Assistance to New
York: Lessons
Learned in Fraud
Detection,
Prevention, and
Control: ``Part I--
Response'', ``Part
II--Recovery'',
``Part III--
Rebuilding.''
Subcommittee on
Management,
Integration, and
Oversight
109-92........................ July 20, 2006.... ``Fencing the Border:
Construction Options
and Strategic
Placement.''
Subcommittee on
Economic Security,
Infrastructure
Protection, and
Cybersecurity and
the Subcommittee on
Criminal Justice,
Drug Policy, and
Human Resources of
the Committee on
Government Reform
(To be printed by
the Committee on
Government Reform.)
109-93........................ July 25, 2006.... ``Terrorism Threats
and the Insurance
Market.''
Subcommittee on
Intelligence,
Information Sharing,
and Terrorism Risk
Assessment and the
Subcommittee on
Oversight and
Investigations of
the Committee on
Financial Services
(To be printed by
the Committee on
Financial Services.)
109-94........................ July 26, 2006.... ``Emergency Care
Crisis: A Nation
Unprepared for
Public Health
Disasters.''
Subcommittee on
Emergency
Preparedness,
Science, and
Technology
109-95........................ August 8, 2006... ``Assessing the
Northern Border:
Considerations for
Maintaining Secure
and Open Borders.''
Subcommittee on
Economic Security,
Infrastructure
Protection, and
Cybersecurity and
the Subcommittee on
Emergency
Preparedness,
Science, and
Technology (Blaine,
WA)
109-96........................ August 16, 2006.. ``Criminal Activity
and Violence Along
the Southern
Border.''
Subcommittee on
Investigations
(Houston, TX)
109-97........................ August 24, 2006.. ``Agroterrorism's
Perfect Storm: Where
Human and Animal
Disease Collide.''
Subcommittee on
Prevention of
Nuclear and
Biological Attack
(Athens, GA)
109-98........................ September 7, 2006 ``The Department of
Homeland Security's
Science and
Technology
Directorate: Is it
Structured for
Success?''
Subcommittee on
Emergency
Preparedness,
Science, and
Technology
109-99........................ September 7, 2006 ``State and Local
Fusion Centers and
the Role of DHS.''
Subcommittee on
Intelligence,
Information Sharing,
and Terrorism Risk
Assessment
109-100....................... September 13, ``Helping Business
2006. Protect the
Homeland: Is the
Department of
Homeland Security
Effectively
Implementing the
SAFETY Act?''
Subcommittee on
Management,
Integration, and
Oversight and the
Subcommittee on
Emergency
Preparedness,
Science, and
Technology
109-101....................... September 13, ``The Homeland
2006. Security Information
Network: An Update
on DHS Information
Sharing Efforts.''
Subcommittee on
Intelligence,
Information Sharing,
and Terrorism Risk
Assessment
109-102....................... September 13, ``The Future of Cyber
2006. and
Telecommunications
Security at the
Department of
Homeland Security.''
Subcommittee on
Economic Security,
Infrastructure
Protection, and
Cybersecurity
109-103....................... September 14, ``The Science of
2006. Prevention.''
Subcommittee on
Prevention of
Nuclear and
Biological Attack
109-104....................... September 20, ``The Homeland
2006. Security
Implications of
Radicalization.''
Subcommittee on
Intelligence,
Information Sharing,
and Terrorism Risk
Assessment
109-105....................... September 21, ``Police as First
2006. Preventers: Local
Strategies in the
War on Terror.''
Subcommittee on
Prevention of
Nuclear and
Biological Attack
109-106....................... September 26, ``The Department of
2006. Homeland Security:
Major Initiatives
for 2007 and
Beyond.''
Full Committee
109-107....................... September 28, ``Front-Line Defense:
2006. Security Training
for Mass Transit and
Rail Employees.''
Subcommittee on
Economic Security,
Infrastructure
Protection and
Cybersecurity
109-108....................... November 15, 2006 ``The Secure Border
Initiative: Ensuring
Effective
Implementation and
Financial
Accountability of
SBInet.''
Subcommittee on
Management,
Integration, and
Oversight
------------------------------------------------------------------------
Appendix X--Committee Prints
------------------------------------------------------------------------
Number Title
------------------------------------------------------------------------
109-A.................................. Rules of Procedure for the
Committee on Homeland
Security, Adopted, February 9,
2005.
109-B.................................. Rules of Procedure for the
Committee on Homeland
Security, Adopted, October 7,
2005.
109-C.................................. Subcommittee on Management,
Integration, and Oversight
Staff Report entitled ``An
Examination of Federal 9/11
Assistance to New York:
Lessons Learned in Preventing
Waste, Fraud, Abuse, and Lax
Management.''
------------------------------------------------------------------------
Appendix XI--Summary of Committee Activities
COMMITTEE ON HOMELAND SECURITY
Total Bills Referred to Committee................................ 198
Public Laws...................................................... 7
Bills Reported to the House...................................... 12
Hearings Held:
Days of Hearings............................................. 119
Full Committee........................................... 13
Subcommittee on Prevention of Nuclear and Biological
Attack................................................. 21
Subcommittee on Economic Security, Infrastructure
Protection, and Cybersecurity.......................... 27
Subcommittee on Intelligence, Information Sharing, and
Terrorism Risk Assessment.............................. 18
Subcommittee on Management, Integration, and Oversight... 22
Subcommittee on Emergency Preparedness, Science, and
Technology............................................. 22
Subcommittee on Investigations........................... 3
Hours of Sitting:
Full Committee........................................... 34:35
Subcommittee on Prevention of Nuclear and Biological
Attack................................................. 36:40
Subcommittee on Economic Security, Infrastructure
Protection, and Cybersecurity.......................... 55:39
Subcommittee on Intelligence, Information Sharing, and
Terrorism Risk Assessment.............................. 29:10
Subcommittee on Management, Integration, and Oversight... 49:12
Subcommittee on Emergency Preparedness, Science, and
Technology............................................. 51:06
Subcommittee on Investigations........................... 10:26
Markups and Business Meetings Held:
Days of Markups.............................................. 31
Full Committee........................................... 18
Subcommittee on Prevention of Nuclear and Biological
Attack................................................. 2
Subcommittee on Economic Security, Infrastructure
Protection, and Cybersecurity.......................... 6
Subcommittee on Intelligence, Information Sharing, and
Terrorism Risk Assessment.............................. 2
Subcommittee on Management, Integration, and Oversight... 1
Subcommittee on Emergency Preparedness, Science, and
Technology............................................. 2
Hours of Sitting:
Full Committee........................................... 52:02
Subcommittee on Prevention of Nuclear and Biological
Attack................................................. 0:57
Subcommittee on Economic Security, Infrastructure
Protection, and Cybersecurity.......................... 7:57
Subcommittee on Intelligence, Information Sharing, and
Terrorism Risk Assessment.............................. 0:42
Subcommittee on Management, Integration, and Oversight... 1:23
Subcommittee on Emergency Preparedness, Science, and
Technology............................................. 2:56
Witnesses:
Full Committee........................................... 38
Subcommittee on Prevention of Nuclear and Biological
Attack................................................. 80
Subcommittee on Economic Security, Infrastructure
Protection, and Cybersecurity.......................... 122
Subcommittee on Intelligence, Information Sharing, and
Terrorism Risk Assessment.............................. 56
Subcommittee on Management, Integration, and Oversight... 113
Subcommittee on Emergency Preparedness, Science, and
Technology............................................. 115
ADDITIONAL VIEWS
Introduction
Democratic Members of the Committee worked hard during the
109th Congress to fulfill the recommendations of the 9/11
Commission and to close security gaps that terrorists can still
exploit in order to attack our nation. We introduced numerous
bills and offered many amendments that were accepted by the
Majority. Additionally, many of our ideas for conducting
oversight over the Department of Homeland Security were adopted
by the Majority during bipartisan hearings and investigations.
At the same time, we proposed many legislative initiatives and
sought to conduct many oversight activities that the Majority
was not willing to act on in a bipartisan fashion. Nonetheless,
we believe our efforts furthered the debate on how best to
secure our nation and helped to ensure that the Department of
Homeland Security remains accountable for its actions.
Legislative Proposals
Democratic Members of the Committee were the primary
sponsors of almost twenty key bills aimed at strengthening
homeland security, including five measures addressing the
critical areas of emergency preparedness and response and seven
proposals enhancing transportation security. Other bills
included efforts to improve intelligence and information
sharing, transportation security, critical infrastructure
security, border security, cyber security, and preparedness for
biological attacks. In light of Department of Homeland Security
Secretary Michael Chertoff's decision to reorganize his agency
last year, we also introduced several bills to make
organizational and management reforms at the Department.
Beyond these extensive legislative proposals, we also used
every opportunity to offer amendments that would help to
strengthen our nation's security.
During the Committee's two mark-ups of bills authorizing
the activities of the Department, we offered comprehensive
proposals for adequately funding homeland security and taking
the actions needed to secure our borders and protect
transportation and critical infrastructure.
We offered over a dozen amendments seeking to increase
border security, including amendments to:
Require development and implementation of a
comprehensive land border security strategy;
Monitor and secure the border at all times;
Increase the number of Immigrations and
Customs Enforcement (ICE), Customs and Border
Protection (CBP), and Border Patrol personnel and
ensure they have the equipment, training, and
incentives needed to succeed;
Create a pilot program to evaluate automated
systems for prescreening passengers on foreign flights
bound for the United States; and
Evaluate companies that receive expedited
cargo clearance.
We offered almost twenty amendments to improve emergency
preparedness and response, including many proposals to correct
the problems experienced after Hurricanes Katrina and Rita.
These amendments included provisions to:
Create a national interoperable
communications strategy and provide the funding needed
to achieve true interoperability for first responder
communications systems;
Provide states and local governments with
homeland security grants based on the risk of terrorist
attack rather than arbitrary formulas;
Provide the Director of the Federal
Emergency Management Agency (FEMA) with oversight
authority over pre-positioned contracts;
Increase funding for the Emergency
Management Performance Grant Program (EMPG) so that
communities can better plan for disasters; and
Fund the Metropolitan Medical Response
System (MMRS) in order to ensure hospitals are prepared
for the surges of patients that may occur after a
terrorist attack or natural disaster.
We offered almost thirty amendments to strengthen the
security of critical infrastructure across the nation,
including transportation systems such as ports, subways,
railroads, and buses. These amendments included provisions to:
Require screening of 100% of cargo carried
onto passenger planes;
Enhance passenger checkpoint and baggage
screening;
Ban scissors and small tools on commercial
aircraft;
Implement a pilot program requiring 100% of
airport workers to be screened prior to entering secure
areas of an airport;
Secure foreign aircraft repair stations;
Require adoption of security plans and
training for rail and mass transit systems;
Implement a research and development program
to improve rail and mass transit security;
Regulate shipments of hazardous materials
through urban areas;
Require 100% of all cargo containers to be
scanned before they enter United States ports;
Require vulnerability assessments and
security plans from chemical facilities;
Require use of inherently safer technology
at chemical facilities, where economically feasible, in
order to reduce the consequences of a terrorist attack;
and
Create an Office of Chemical Site Security
in the Department.
In view of the growing threat posed by chemical,
biological, and nuclear terrorism, we offered over a dozen
amendments to safeguard Americans against these emerging
dangers. These amendments included provisions to:
Rapidly develop biological countermeasures;
Increase funding for the Domestic Nuclear
Detection Office and require its Director to have
expertise commensurate with the position; and
Require complete deployment of radiation
portal materials at our nation's ports-of-entry.
Oversight
In addition to our legislative efforts, we conducted
extensive oversight of the executive branch--both alone and
with our colleagues from the Majority. In total, over the last
two years, we have written over thirty comprehensive reports on
security vulnerabilities and sent more than two hundred letters
demanding answers from executive agencies or the Congressional
Majority.
For example, we sent multiple letters expressing concern
about numerous overdue reports the Department was statutorily
required to submit to Congress. Ranking Member Bennie G.
Thompson and other Democrats sent thirty letters, primarily to
the Department and FEMA, concerning matters related to
Hurricane Katrina and Hurricane Rita. We sent multiple letters
regarding problems with the approval of the Dubai Ports
Worldwide deal by the Committee on Foreign Investment in the
United States. We expressed numerous concerns about the
Department's coordination and structure with respect to CBP and
ICE. We sent more than forty letters addressing how best to
improve information and intelligence sharing with state and
local law enforcement officers and first responders. With
respect to transportation security and critical infrastructure
protection, we sent fourteen letters addressing rail and mass
transit issues, thirty letters on aviation issues, and
seventeen letters concerning port security issues. As for
emerging threats posed by chemical, biological, nuclear, and
cyber attacks, we sent sixteen letters to relevant agencies and
other parties. Finally, we sent twenty letters dealing with
general Department or management issues, while another thirty
letters were sent in conjunction with investigations and
similar oversight inquiries.
Conclusion
We were proud to serve on the Committee on Homeland
Security in its first Congress as a permanent standing
committee. We offered numerous ideas on how best to secure our
nation, and we took many steps to expose homeland security
failures. When the bipartisan activities of the Committee are
considered in conjunction with our own legislative and
oversight initiatives, we believe many solid steps were taken
to help make Americans more secure.
Bennie G. Thompson,
Ranking Member, Committee on
Homeland Security.
Loretta Sanchez,
Ranking Member, Subcommittee
on Economic Security,
Infrastructure
Protection, and
Cybersecurity.
Zoe Lofgren,
Ranking Member, Subcommittee
on Intelligence,
Information, Sharing,
and Terrorism Risk
Assessment.
Bill Pascrell,
Ranking Member, Subcommittee
on Emergency
Preparedness, Science
and Technology.
Bob Etheridge,
Ranking Member, Subcommittee
on Investigations.
James R. Langevin,
Ranking Member, Subcommittee
on Prevention of Nuclear
and Biological Attack.
Kendrick B. Meek,
Ranking Member, Subcommittee
on Management,
Integration, and
Oversight.
Ed Markey,
Member of Congress.
Norman D. Dicks,
Member of Congress.
Jane Harman,
Member of Congress.
Peter DeFazio,
Member of Congress.
Nita Lowey,
Member of Congress.
Sheila Jackson-Lee,
Member of Congress.
Eleanor Holmes Norton,
Member of Congress.